FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Regulatory Reform Act of 1994''. SEC. 2. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE. (a) Chapter 21 of title 46, United States Code, is amended by adding a new section 2103a to read as follows: ``SEC. 2103a. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE. ``(a) To implement the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization and to establish voluntary alternative compliance programs, the Secretary may prescribe regulations governing the merchant marine of the United States, merchant marine personnel, and shore-based management of vessels that affect the safety of vessels and personnel subject to this subtitle and marine pollution prevention. Compliance with regulations implementing the International Management Code for the Safe Operation of Ships and for Pollution Prevention shall be voluntary until the dates for mandatory compliance provided for in the International Convention for the Safety of life at Sea. ``(b) In implementing the International Management Code for the Safe Operation of Ships and for Pollution Prevention and alternative compliance programs established pursuant to this section, the Secretary may establish optional regulatory requirements commensurate with the level of quality control adopted by the shipowner or operator, provided that an equivalent level of safety is maintained. ``(c) The Secretary may require vessel owners and operators to maintain records and submit reports and other information which the Secretary deems necessary to carry out the objectives of this section.''. (b) The table of sections for chapter 21 of title 46, United States Code, is amended by inserting between the items relating to section 2103 and section 2104 the following: ``Sec. 2103a. Safety management and alternative compliance.''. SEC. 3. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES. (a) Chapter 31 of title 46, United States Code, is amended by adding a new section 3103 to read as follows: ``SEC. 3103. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES. ``In carrying out this part, the Secretary may utilize reports, documents, and certificates issued by persons who the Secretary determines may be relied upon with regard to marine safety, security, and environmental protection.''. (b) The table of sections for chapter 31 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 3103. Use of reports, documents, and certificates.''. SEC. 4. EQUIPMENT APPROVAL. Section 3306(b) of title 46, United States Code, is amended to read as follows: ``(b)(1) Equipment subject to regulation under this section may not be used on any vessel without prior approval as prescribed by regulation. ``(2) Except as otherwise provided in paragraph (3) of this subsection, the Secretary may accept approvals of fire and life safety equipment and materials by foreign governments which the Secretary determines utilize design and testing standards that meet the requirements of the International Convention for the Safety of Life at Sea to which the United States is a party, and its associated International Maritime Organization guidance documents. ``(3) In determining whether to accept approvals issued by foreign governments, the Secretary shall give due regard to whether adherence to standards promulgated by regulation under this subsection is necessary in order to preserve higher levels of safety.''. SEC. 5. FREQUENCY OF INSPECTION. (a) Section 3307 of title 46, United States Code, is amended as follows: (1) In paragraph (1)-- (A) by striking ``and'' and inserting a comma in its place; (B) by inserting after ``nautical school vessel'', ``, and small passenger vessel carrying more than 12 passengers on an international voyage''; and (C) by adding ``and'' at the end. (2) By striking paragraph (2). (3) In paragraph (3)-- (A) by changing the designation of paragraph (3) to paragraph (2); and (B) by striking ``2 years'' and inserting ``5 years'' in its place. (b) Section 3710(b) of title 46, United States Code, is amended by striking ``24 months'' and substituting ``5 years''. SEC. 6. CERTIFICATE OF INSPECTION. Section 3309(c) of title 46, United States Code, is amended by deleting the words ``(but not more than 60 days)'' after the words ``At least 30 days''. SEC. 7. CLASSIFICATION SOCIETIES. (a) Section 3316 of title 46, United States Code, is amended as follows: (1) Subsection (a) is amended to read as follows: ``(a) In carrying out this part, the Secretary may rely on reports, documents, and certificates issued by the American Bureau of Shipping or other classification society recognized by the Secretary as meeting acceptable standards for such a society, or an agent of the Bureau or society.''. (2) Subsection (c)(1) is amended to read as follows: ``(c)(1) To the maximum extent practicable, the Secretary may delegate to the Bureau or other classification society recognized by the Secretary as meeting acceptable standards for such a society, or an agent of the Bureau or society, the inspection or examination, in the United States or in a foreign country, of a vessel documented or to be documented as a vessel of the United States. The Bureau, society, or agent may issue the certificate of inspection required by this part and other certificates essential to documentation.''. (3) Subsection (d) is amended to read as follows: ``(d) The Secretary also may make an agreement with or use the Bureau or other classification society recognized by the Secretary as meeting acceptable standards for such a society, or an agent of the Bureau or society, for reviewing and approving plans required for issuing a certificate of inspection.''. (b) The item for section 3316 of the table of sections for chapter 33 of title 46, United States Code, is amended to read as follows: ``Sec. 3316. Classification societies.''.

Maritime Regulatory Reform Act of 1994 - Amends Federal maritime law to authorize the Secretary of the department in which the Coast Guard operates, in order to implement the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization and to establish alternative compliance programs, to: (1) prescribe regulations governing the U.S. merchant marine, merchant marine personnel, and shore-based management of vessels that affect the safety of vessels and personnel and marine pollution prevention; and (2) establish optional regulatory requirements commensurate with the level of quality control adopted by the shipowner or operator, provided that an equivalent level of safety is maintained. (Sec. 3) Authorizes the Secretary to utilize reports, documents, and certificates issued by persons who may be relied upon with regard to marine safety, security, and environmental protection. (Sec. 4) Authorizes the Secretary to accept approvals of fire and life safety equipment and materials by foreign governments which utilize design and testing standards that meet the requirements of the International Convention for the Safety of Life at Sea, and its associated International Maritime Organization guidance documents. (Sec. 5) Requires each in service small passenger vessel carrying more than 12 passengers on an international voyage to be inspected annually. Requires any other vessel to be inspected at least once every five years (currently, every two years). Extends from two to five years the effective validation period of certificates of inspection issued to U.S. vessels that carry oil or hazardous material in bulk. (Sec. 6) Requires the owner or individual in charge of a vessel to submit certain inspection related notices to the Secretary at least 30 days (currently, at least 30 days but not more than 60 days) before the current certificate of inspection issued to a vessel expires. (Sec. 7) Revises provisions regarding the recognition of U.S. classification societies.

Maritime Regulatory Reform Act of 1994

SECTION 1. EXCISE TAX ON CERTAIN ACQUISITIONS OF INTERESTS IN INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD AN INTEREST. (a) Imposition of Tax.-- (1) In general.--Chapter 42 of the Internal Revenue Code of 1986 (relating to excise taxes involving private foundations and certain other tax-exempt organizations) is amended by adding at the end the following new subchapter: ``Subchapter F--Insurance Contracts in Which Certain Exempt Organizations Hold Interests ``Sec. 4965. Excise tax on acquisition of interests in insurance contracts in which certain exempt organizations hold an interest. ``SEC. 4965. EXCISE TAX ON ACQUISITION OF INTERESTS IN INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD AN INTEREST. ``(a) Imposition of Tax.--If there is a taxable acquisition of any interest in an applicable insurance contract, there is hereby imposed on the person acquiring the interest a tax equal to 100 percent of the acquisition costs of the interest. ``(b) Taxable Acquisition.--For purposes of this section-- ``(1) In general.--The term `taxable acquisition' means the acquisition of any direct or indirect interest in an applicable insurance contract by-- ``(A) an applicable exempt organization, or ``(B) a person other than an applicable exempt organization if such interest in the hands of such person is not an interest described in clause (i), (ii), or (iii) of paragraph (2)(B). ``(2) Applicable insurance contract.-- ``(A) In general.--The term `applicable insurance contract' means any life insurance, annuity, or endowment contract with respect to which both an applicable exempt organization and a person other than an applicable exempt organization have directly or indirectly held an interest in the contract (whether or not at the same time). ``(B) Exceptions.--Such term shall not include a life insurance, annuity, or endowment contract if-- ``(i) all persons directly or indirectly holding any interest in the contract (other than applicable exempt organizations) have an insurable interest in the insured under the contract independent of any interest of an applicable exempt organization in the contract, ``(ii) the sole interest in the contract of each person other than an applicable exempt organization is as a named beneficiary, or ``(iii) the sole interest in the contract of each person other than an applicable exempt organization is-- ``(I) as a beneficiary of a trust holding an interest in the contract, but only if the person's designation as such beneficiary was made without consideration and solely on a purely gratuitous basis, or ``(II) as a trustee who holds an interest in the contract in a fiduciary capacity solely for the benefit of applicable exempt organizations or persons otherwise described in clauses (i) and (ii) or subclause (I) of this clause. ``(3) Definition and rule relating to acquisition costs.-- ``(A) Acquisition costs defined.--The term `acquisition costs' means the direct or indirect costs of acquiring an interest in an applicable insurance contract. Such term shall include any fees, commissions, charges, or other amounts paid in connection with the acquisition, whether or not paid to the issuer of the contract. ``(B) Timing of payments.--Except as provided in regulations, if acquisition costs of any acquisition are paid or incurred in more than 1 calendar year, the tax imposed by subsection (a) with respect to the acquisition shall be imposed each time the costs are so paid or incurred. ``(4) Rules relating to interests.-- ``(A) In general.--An interest in the contract includes any right with respect to the contract, whether as an owner, beneficiary, or otherwise. ``(B) Indirect interest.--An indirect interest in a contract includes an interest in an entity which directly or indirectly holds an interest in the contract. ``(C) Exchanged contracts.--In the case of an exchange of an applicable insurance contract on which no gain or loss is recognized under section 1035, any interest in any of the contracts involved in the exchange shall be treated as an interest in all such contracts. ``(5) Increase in interest.--If a person increases an interest in an applicable insurance contract, the increase shall be treated as a separate acquisition for purposes of this section. ``(6) Prior acquisitions.--Except as provided in regulations, if a person acquires an interest in a contract before the contract is treated as an applicable insurance contract, the acquisition shall be treated as a taxable acquisition of an interest in an applicable insurance contract as of the date the contract becomes an applicable insurance contract. ``(c) Applicable Exempt Organization.--For purposes of this section, the term `applicable exempt organization' means-- ``(1) an organization described in section 170(c), ``(2) an organization described in section 168(h)(2)(A)(iv), or ``(3) an organization not described in paragraph (1) or (2) which is described in section 2055(a) or section 2522(a). ``(d) Tax Not Treated as Investment in the Contract.--For purposes of section 72, the tax imposed by this section shall not be included in investment in the contract. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. Such regulations may include regulations which-- ``(1) exempt certain contracts from treatment as applicable insurance contracts based on specific factors, including whether the transaction is at arms length, the relative economic benefits to applicable exempt organizations as compared to other persons, and the likelihood of abuse, ``(2) provide, for purposes of subsection (b)(6), appropriate rules for the application of this section in any case where an interest is acquired before a contract becomes an applicable insurance contract, ``(3) prevent, in cases the Secretary determines appropriate, the imposition of more than one tax under this section if the same interest is acquired more than once, and ``(4) are designed to prevent avoidance of the purposes of this section, including through the use of intermediaries.''. (2) Conforming amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``Subchapter F. Insurance contracts in which certain exempt organizations hold interests.''. (b) Reporting Requirements.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050U. RETURNS RELATING TO APPLICABLE INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD INTERESTS. ``(a) Requirements of Reporting.-- ``(1) Exempt organizations.--Each-- ``(A) applicable exempt organization which acquires (within the meaning of section 4965) an interest in any applicable insurance contract, and ``(B) other person which so acquires such an interest which, in the hands of such person, is taxable under section 4965, shall make the return described in subsection (c). ``(2) Transfers.--If a person (including an applicable exempt organization) acquires an interest in an applicable insurance contract in an acquisition which is taxable under section 4965 and then transfers such interest to 1 or more other persons, each person acquiring all or a portion of such interest shall make the return described in subsection (c). ``(b) Time for Making Return.--Any organization or person required to make a return under subsection (a) shall file such return at such time as may be established by the Secretary with respect to-- ``(1) in the case of an organization described in subsection (a)(1), the calendar year in which the acquisition occurs, any calendar year in which acquisition costs are paid or incurred, and any other calendar years specified by the Secretary, and ``(2) in the case of a person described in subsection (a)(2), the calendar year in which the transfer occurs. ``(c) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary prescribes, ``(2) in the case of-- ``(A) a return required under subsection (a)(1)(A), contains the name, address, and taxpayer identification number of the applicable exempt organization, the issuer of the applicable insurance contract, and any person acquiring an interest in the contract which may be taxable under section 4965, ``(B) a return required under subsection (a)(1)(B), contains the name, address, and taxpayer identification number of the person acquiring an interest in the applicable insurance contract which is taxable under section 4965, any applicable exempt organization holding an interest in the contract, and the issuer of the contract, and ``(C) a return required under subsection (a)(2), contains the name, address, and taxpayer identification number of the transferor and transferee, and ``(3) contains such other information as the Secretary may prescribe. ``(d) Statements To Be Furnished to Persons With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each person whose taxpayer identification information is required to be included in such return under subsection (c) a written statement showing-- ``(1) the name and address of the person required to make such return and the telephone number of the information contact for such person, and ``(2) the taxpayer identity and other information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished on or before the date specified by the Secretary. ``(e) Definitions.--For purposes of this section, any term used in this section which is also used in section 4965 shall have the meaning given such term by section 4965.''. (2) Penalties.-- (A) In general.--Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B), by redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix) and by inserting after clause (xii) the following new clause: ``(xiii) section 6050U (relating to returns relating to applicable insurance contracts in which certain exempt organizations hold interests),'', and (ii) in paragraph (3), by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) the statement required by subsection (d) of section 6050U (relating to returns relating to applicable insurance contracts in which certain exempt organizations hold interests).''. (B) Intentional disregard.--Section 6721(e)(2) of such Code is amended by striking ``or'' at the end of subparagraph (B), by striking ``and'' at the end of subparagraph (C) and inserting ``or'', and by adding at the end the following new subparagraph: ``(D) in the case of a return required to be filed under section 6050U, the amount of tax imposed under section 4965 which has not been paid with respect to items required to be included on the return, and''. (3) Conforming amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050U. Returns relating to applicable insurance contracts in which certain exempt organizations hold interests.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to contracts issued after May 3, 2005. (2) Reporting of existing contracts.--In the case of any life insurance, annuity, or endowment contract-- (A) which was issued on or before May 3, 2005, (B) with respect to which an applicable exempt organization (as defined in section 4965 of the Internal Revenue Code of 1986, as added by this section) holds an interest on May 3, 2005, and (C) which would be treated as an applicable insurance contract (as so defined) if issued after May 3, 2005, such organization shall, not later than the date which is 1 year after the date of the enactment of this Act, report to the Secretary of the Treasury with respect to such contract. Such report shall be in such form and manner, and contain such information, as the Secretary may prescribe. The Secretary shall submit such reports, along with any recommendations for legislation as the Secretary considers appropriate, to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate within 6 months of the date such reports are required to be filed.

Amends the Internal Revenue Code to impose an excise tax on certain tax-exempt organizations or other nonexempt persons which acquire a direct or indirect interest in any life insurance, annuity, or endowment contract for 100 percent of the acquisition costs of such interest. Allows an exception from such tax for individuals with insurable interests, named beneficiaries, and trust beneficiaries. Requires tax-exempt organizations and other nonexempt persons which acquire a taxable interest in such insurance contracts to file certain informational returns.

A bill to amend the Internal Revenue Code of 1986 to impose an excise tax on amounts received under certain insurance policies in which certain exempt organizations hold an interest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Transparency in Contracting Act of 2009''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``parent company'', relating to a business concern, means a person other than an individual that owns not less than 51 percent of that business concern; (3) the terms ``small business concern'', ``small business concern owned and controlled by veterans'', ``small business concern owned and controlled by service-disabled veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632), as amended by this Act; and (4) the term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given that term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). SEC. 3. PURPOSE. The purpose of this Act is to modify the definitions relating to whether a business concern qualifies as a small business concern, to establish additional requirements that ensure that no publically traded business concern, subsidiary of a publically traded business concern, foreign-owned business concern, or subsidiary of a foreign-owned business concern is considered a small business concern for the purpose of Federal Government contracting and subcontracting, including for procurement goals. SEC. 4. DEFINITION OF SMALL BUSINESS CONCERN AND STATUS REVIEW. Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following: ``(5) Independently Owned and Operated.-- ``(A) In general.--In this subsection, the term `independently owned and operated' does not include a business concern-- ``(i) that is-- ``(I) an issuer of a class of securities registered or that is required to be registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports pursuant to section 15(d) of that Act (15 U.S.C. 78o(d)); or ``(II) owned by an issuer of a class of securities registered or that is required to be registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports pursuant to section 15(d) of that Act (15 U.S.C. 78o(d)); or ``(ii) more than 50 percent of which is owned, directly or indirectly, by one or more individuals that are not United States citizens. ``(B) Entities.--In determining ownership of a business concern, any interest in the business concern that is owned by a person that is not an individual (including a corporation, partnership, estate or trust) shall be considered owned proportionately by or for the individuals that own that person.''. SEC. 5. NOTIFICATION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the head of each Federal department or agency regarding this Act and the amendments made by this Act. (b) To Contractors.--Not later than 6 months after receiving notice under subsection (a), the head of a Federal department or agency shall notify any contractor of that department or agency regarding this Act and the amendments made by this Act. SEC. 6. REPORTING. (a) In General.--Not later than 6 months after the end of each fiscal year, the Administrator shall publish a report regarding prime contracts with the Federal Government awarded to business concerns that were identified as small business concerns for the purposes of achieving the small business contracting goals of the Federal Government during the previous fiscal year. (b) Contents.-- (1) In general.--Each report under subsection (a) shall, for the fiscal year before the year in which that report is published, include-- (A) the name of each small business concern, small business concern owned and controlled by socially and economically disadvantaged individuals, small business concern owned and controlled by women, small business concern owned and controlled by veterans, and small business concern owned and controlled by service- disabled veterans that was awarded a prime contract with the Federal Government; and (B) for each small business concern described in subparagraph (A), the total dollar amount of prime contracts with the Federal Government awarded to that small business concern in descending order. (2) Parent companies.--If a small business concern described in paragraph (1)(A) has a parent company, the Administrator shall report information relating to any prime contract with the federal government of that small business concern und the name of that parent company. (c) Availability.--The Administrator shall make each report under subsection (a) available on the website of the Administration in a manner that is easily accessible by members of the public. SEC. 7. LIST OF CONTRACTORS. (a) In General.--Each Federal department and agency shall publish on the website of that department or agency a list of each business concern that received a contract award because that business concern was identified as a small business concern. (b) List Contents.--A list published under subsection (a) shall-- (1) list business concerns in the order of the total amount in dollars of contracts between the Federal Government and that business concern, beginning with the largest total value; (2) include the total amount in dollars of contracts between the Federal Government and each business concern on such list; and (3) include the name of any parent company of a business concern on such list. SEC. 8. CONTRACTING DATABASES. The Administrator shall, by regulation, establish procedures to ensure that the Central Contractor Registration database and any successor database provide an adequate warning regarding criminal penalties established under section 16(d) of the Small Business Act (15 U.S.C. 645(d)) for misrepresenting the status of a business concern or person in order to obtain certain contracts with the Federal Government. SEC. 9. ENFORCEMENT. (a) Complaints.-- (1) In general.--Any person may file a complaint with the Administrator and the head of the affected department or agency about the classification of a business concern as a small business concern and the Administrator and the head of the affected department or agency shall resolve any complaint filed under this paragraph in a timely manner. (2) Reports.--The Administrator shall annually submit to Congress a report describing any complaints described in paragraph (1) that were filed during the relevant year and the resolution of any such complaint. (b) Debarment.--The head of each Federal department or agency shall issue or amend the contracting rules and regulations for that department or agency to ensure that a business concern shall be debarred from receiving a Federal contract for a period of not less than 5 years if that business concern-- (1) fraudulently represents that it is a small business concern as part of a bid for a small business contract with that department or agency; or (2) violates this Act or an amendment made by this Act.

Fairness and Transparency in Contracting Act of 2009 - Amends the Small Business Act to exclude as a small business, for purposes of meeting federal agency contracting goals with small businesses, any small business (or subsidiary thereof) that is publicly traded, or any business (or subsidiary thereof) with more than 50% non-U.S. citizen ownership. Requires the Administrator of the Small Business Administration (SBA) to notify the head of each federal department or agency regarding this Act and its amendments, and the department or agency head to then notify its contractors. Directs the Administrator to: (1) publish a report regarding federal prime contracts awarded to businesses identified as small businesses for purposes of achieving small business contracting goals; and (2) establish procedures to ensure that the Central Contractor Registration database provides an adequate warning regarding criminal penalties for misrepresenting the status of a small business or person in order to obtain federal contracts. Provides for enforcement of complaints about the classification of a business for such purposes.

To amend the Small Business Act to ensure fairness and transparency in contracting with small business concerns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enforcement Act of 2015''. SEC. 2. ESTABLISHMENT OF INTERAGENCY TRADE ENFORCEMENT CENTER. (a) In General.--Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding at the end the following: ``SEC. 142. INTERAGENCY TRADE ENFORCEMENT CENTER. ``(a) Establishment of Center.--There is established in the Office of the United States Trade Representative an Interagency Trade Enforcement Center (in this section referred to as the `Center'). ``(b) Functions of Center.-- ``(1) In general.--The Center shall-- ``(A) serve as the primary forum within the Federal Government for the Office of the United States Trade Representative and other agencies to coordinate the enforcement of United States trade rights under international trade agreements and the enforcement of United States trade remedy laws; ``(B) coordinate among the Office of the United States Trade Representative, other agencies with responsibilities relating to trade, and the intelligence community the exchange of information related to potential violations of international trade agreements by foreign trading partners of the United States; and ``(C) conduct outreach to United States workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices. ``(2) Coordination of trade enforcement.-- ``(A) In general.--The Center shall coordinate matters relating to the enforcement of United States trade rights under international trade agreements and the enforcement of United States trade remedy laws among the Office of the United States Trade Representative and the following agencies: ``(i) The Department of State. ``(ii) The Department of the Treasury. ``(iii) The Department of Justice. ``(iv) The Department of Agriculture. ``(v) The Department of Commerce. ``(vi) The Department of Homeland Security. ``(vii) The Office of the Director of National Intelligence. ``(viii) Such other agencies as the President, or the United States Trade Representative, may designate. ``(B) Consultations on intellectual property rights.--In matters relating to the enforcement of United States trade rights involving intellectual property rights, the Center shall consult with the Intellectual Property Enforcement Coordinator appointed pursuant to section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8111). ``(c) Personnel.-- ``(1) Director.--The head of the Center shall be the Director, who shall be the Deputy United States Trade Representative for Trade Enforcement. ``(2) Deputy director.--There shall be in the Center a Deputy Director, who shall-- ``(A) be appointed by the Secretary of Commerce from among full-time senior-level officials of the Department of Commerce and detailed to the Center; and ``(B) report directly to the Director. ``(3) Intelligence community liaison.--There shall be in the Center an Intelligence Community Liaison, who shall be-- ``(A) appointed from among officials of agencies in the intelligence community at the recommendation of the Director of National Intelligence; and ``(B) detailed to the Center by the official's agency. ``(4) Additional employees.--The agencies specified in subsection (b)(2)(A) and agencies in the intelligence community recommended by the Director of National Intelligence may, in consultation with the Director, detail or assign their employees to the Center without reimbursement to support the functions of the Center. ``(d) Administration.--Funding and administrative support for the Center shall be provided by the Office of the United States Trade Representative. ``(e) Annual Report.--Not later than one year after the date of the enactment of this section, and not less frequently than annually thereafter, the Director shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the actions taken by the Center in the preceding year with respect to the enforcement of United States trade rights under international trade agreements and the enforcement of United States trade remedy laws. ``(f) Definitions.--In this section: ``(1) Intelligence community.--The term `intelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ``(2) United states trade remedy laws.--The term `United States trade remedy laws' means the following: ``(A) Chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). ``(B) Chapter 1 of title III of that Act (19 U.S.C. 2411 et seq.). ``(C) Sections 406 and 421 of that Act (19 U.S.C. 2436 and 2451). ``(D) Sections 332 and 337 of the Tariff Act of 1930 (19 U.S.C. 1332 and 1337). ``(E) Investigations initiated by the administering authority (as defined in section 771 of that Act (19 U.S.C. 1677)) under title VII of that Act (19 U.S.C. 1671 et seq.). ``(F) Section 281 of the Uruguay Round Agreements Act (19 U.S.C. 3571). ``(3) United states trade rights.--The term `United States trade rights' means any right, benefit, or advantage to which the United States is entitled under an international trade agreement and that could be effectuated through the use of a dispute settlement proceeding.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141 the following: ``Sec. 142. Interagency Trade Enforcement Center.''. SEC. 3. ESTABLISHMENT OF DEPUTY UNITED STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT AND CHIEF MANUFACTURING NEGOTIATOR. (a) Establishment of Positions.--Section 141(b)(2) of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows: ``(2) There shall be in the Office 4 Deputy United States Trade Representatives, including the Deputy United States Trade Representative for Trade Enforcement, one Chief Agricultural Negotiator, and one Chief Manufacturing Negotiator who shall all be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Manufacturing Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Manufacturing Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.''. (b) Functions of Positions.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended-- (1) by moving paragraph (5) 2 ems to the left; and (2) by adding at the end the following: ``(6)(A) The principal function of the Deputy United States Trade Representative for Trade Enforcement shall be to ensure that United States trading partners comply with trade agreements to which the United States is a party. ``(B) The Deputy United States Trade Representative for Trade Enforcement shall-- ``(i) serve as the Director of the Interagency Trade Enforcement Center under section 142 and oversee the operations of the Center; ``(ii) assist the United States Trade Representative in investigating and prosecuting disputes before the World Trade Organization and pursuant to other bilateral or regional trade agreements to which the United States is a party; ``(iii) assist the United States Trade Representative in carrying out the functions of the United States Trade Representative under subsection (d); ``(iv) make recommendations with respect to the administration of United States trade remedy laws relating to barriers imposed by foreign governments to the importation of United States goods, services, and intellectual property, and other trade matters; and ``(v) perform such other functions as the United States Trade Representative may direct. ``(7)(A) The principal function of the Chief Manufacturing Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States manufacturing products and services. The Chief Manufacturing Negotiator shall be a vigorous advocate on behalf of United States manufacturing interests and shall perform such other functions as the United States Trade Representative may direct. ``(B) Not later than one year after the date of the enactment of this paragraph, and not less frequently than annually thereafter, the Chief Manufacturing Negotiator shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the actions taken by the Chief Manufacturing Negotiator in the preceding year.''. (c) Compensation.--Section 5314 of title 5, United States Code, is amended-- (1) by striking ``Deputy United States Trade Representatives (3).'' and inserting ``Deputy United States Trade Representatives (4).''; and (2) by inserting ``Chief Manufacturing Negotiator.'' after ``Chief Agricultural Negotiator.''. (d) Conforming Amendment.--Section 141(c)(4) of the Trade Act of 1974 (19 U.S.C. 2171(c)(4)) is amended by inserting ``(other than the Deputy United States Trade Representative for Trade Enforcement)'' after ``Deputy United States Trade Representative''. (e) Technical Amendments.--Section 141(e) of the Trade Act of 1974 (19 U.S.C. 2171(e)) is amended-- (1) in paragraph (1), by striking ``5314'' and inserting ``5315''; and (2) in paragraph (2), by striking ``the maximum rate of pay for grade GS-18, as provided in section 5332'' and inserting ``the maximum rate of pay for level IV of the Executive Schedule in section 5315''.

Trade Enforcement Act of 2015 Amends the Trade Act of 1974 to establish within the Office of the United States Trade Representative (USTR) an Interagency Trade Enforcement Center to: serve as the primary forum within the federal government for coordinating with specified agencies the enforcement of U.S. trade rights under international trade agreements and of U.S. trade remedy laws; coordinate among the USTR, other agencies with trade-related responsibilities, and the intelligence community the exchange of information related to potential violations of international trade agreements by foreign trading partners of the United States; and conduct outreach to U.S. workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices. Establishes in the Center the position of a Director, who shall be the Deputy USTR for Trade Enforcement to head the Trade Enforcement Division, as well as a Deputy Director and an Intelligence Community Liaison. Establishes within the Office of the USTR a Chief Manufacturing Negotiator to conduct trade negotiations and enforce trade agreements relating to U.S. manufacturing products and services. Makes it the principal functions of the Deputy USTR for Trade Enforcement to: ensure that U.S. trading partners comply with trade agreements to which the United States is a party, and assist the USTR in investigating and prosecuting disputes before the World Trade Organization and pursuant to other bilateral or regional trade agreements to which the United States is a party. Makes it the principal function of the Chief Manufacturing Negotiator to act as a vigorous advocate on behalf of this country's manufacturing interests.

Trade Enforcement Act of 2015

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Cut Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. TITLE I--TEMPORARY EXTENSION OF TAX RELIEF Sec. 101. Temporary extension of 2001 tax relief. Sec. 102. Temporary extension of 2003 tax relief. Sec. 103. Temporary extension of 2010 tax relief. Sec. 104. Temporary extension of election to expense certain depreciable business assets. TITLE II--ALTERNATIVE MINIMUM TAX RELIEF Sec. 201. Temporary extension of increased alternative minimum tax exemption amount. Sec. 202. Temporary extension of alternative minimum tax relief for nonrefundable personal credits. TITLE III--BUDGETARY EFFECTS Sec. 301. Budgetary effects. TITLE I--TEMPORARY EXTENSION OF TAX RELIEF SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF. (a) Temporary Extension.-- (1) In general.--Section 901(a)(1) of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) Application to Certain High-Income Taxpayers.-- (1) Income tax rates.-- (A) Treatment of 25- and 28-percent rate brackets.--Paragraph (2) of section 1(i) is amended to read as follows: ``(2) 25- and 28-percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears.''. (B) 33-percent rate bracket.--Subsection (i) of section 1 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) 33-percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2012-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $225,000 in the case of subsection (b), ``(iii) $200,000 in the case of subsections (c), and ``(iv) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, with respect to taxable years beginning in calendar years after 2012, each of the dollar amounts under clauses (i), (ii), and (iii) of subparagraph (C) shall be adjusted in the same manner as under paragraph (1)(C), except that subsection (f)(3)(B) shall be applied by substituting `2008' for `1992'.''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.-- Section 68 is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendments.--Paragraph (4) of section 151(d) is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Effective Date.--Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2012. (d) Application of EGTRRA Sunset.--Each amendment made by subsection (b) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as if such amendment was included in title I of such Act. SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. (a) Extension.-- (1) In general.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. (b) 20-Percent Capital Gains Rate for Certain High Income Individuals.-- (1) In general.--Paragraph (1) of section 1(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which a tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B), or ``(ii) the excess described in section 1(h)(1)(C)(ii), plus ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C), plus''. (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``15 percent'' and inserting ``20 percent'': (A) Section 531. (B) Section 541. (C) Section 1445(e)(1). (D) The second sentence of section 7518(g)(6)(A). (E) Section 53511(f)(2) of title 46, United States Code. (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by striking ``5 percent (0 percent in the case of taxable years beginning after 2007)'' and inserting ``0 percent''. (3) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided, the amendments made by subsections (b) and (c) shall apply to taxable years beginning after December 31, 2012. (2) Withholding.--The amendments made by paragraphs (1)(C) and (3) of subsection (c) shall apply to amounts paid on or after January 1, 2013. (e) Application of JGTRRA Sunset.--Each amendment made by subsections (b) and (c) shall be subject to section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 to the same extent and in the same manner as if such amendment was included in title III of such Act. SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) is amended by striking ``or 2012'' and inserting ``2012, or 2013''. (2) Treatment of possessions.--Section 1004(c)(1) of division B of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, and 2013''. (b) Child Tax Credit.--Section 24(d)(4) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (c) Earned Income Tax Credit.--Section 32(b)(3) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (d) Temporary Extension of Rule Disregarding Refunds in the Administration of Federal Programs and Federally Assisted Programs.-- Subsection (b) of section 6409 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2012. (2) Rule disregarding refunds in the administration of certain programs.--The amendment made by subsection (d) shall apply to amounts received after December 31, 2012. SEC. 104. TEMPORARY EXTENSION OF ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) In General.-- (1) Dollar limitation.--Section 179(b)(1) is amended-- (A) by striking ``and'' at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) $250,000 in the case of taxable years beginning in 2013, and'', and (D) in subparagraph (E), as so redesignated, by striking ``2012'' and inserting ``2013''. (2) Reduction in limitation.--Section 179(b)(2) is amended-- (A) by striking ``and'' at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) $800,000 in the case of taxable years beginning in 2013, and'', and (D) in subparagraph (E), as so redesignated, by striking ``2012'' and inserting ``2013''. (b) Computer Software.--Section 179(d)(1)(A)(ii) is amended by striking ``2013'' and inserting ``2014''. (c) Election.--Section 179(c)(2) is amended by striking ``2013'' and inserting ``2014''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. TITLE II--ALTERNATIVE MINIMUM TAX RELIEF SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``$72,450'' and all that follows through ``2011'' in subparagraph (A) and inserting ``$78,750 in the case of taxable years beginning in 2012'', and (2) by striking ``$47,450'' and all that follows through ``2011'' in subparagraph (B) and inserting ``$50,600 in the case of taxable years beginning in 2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``or 2011'' and inserting ``2011, or 2012'', and (2) by striking ``2011'' in the heading thereof and inserting ``2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. TITLE III--BUDGETARY EFFECTS SEC. 301. BUDGETARY EFFECTS. (a) PAYGO Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). Passed the Senate July 25, 2012. Attest: Secretary. 112th CONGRESS 2d Session S. 3412 _______________________________________________________________________ AN ACT To amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families.

Middle Class Tax Cut Act - Title I: Temporary Extension of Tax Relief - (Sec. 101) Extends through 2013 for an individual taxpayer whose adjusted gross income is less than the applicable threshold amount (i.e., $200,000 for individual taxpayers, $225,000 for heads of household, and $250,000 for married couples filing a joint tax return) the tax rate reductions and other tax benefits of the Economic Growth and Tax Relief Reconciliation Act of 2001. Modifies individual income tax brackets for 2013 to reduce income tax for taxpayers whose adjusted gross income is less than the applicable threshold amount and to increase the income tax rate for taxpayers above such threshold amount. Provides for an inflation adjustment to the applicable threshold amounts for calendar years beginning after 2012. Exempts taxpayers whose adjusted gross income is less than the applicable threshold amount from the phase-out of personal exemptions and itemized deductions. (Sec. 102) Extends through 2013 for an individual taxpayer whose adjusted gross income is less than the applicable threshold amount the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Increases to 20% the tax rate for capital gains income for taxpayers whose adjusted gross income exceeds the applicable threshold amount. (Sec. 103) Extends through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, (3) the increased earned income tax credit percentage for three or more qualifying children, and (4) the disregard of tax credits and refunds in determining eligibility for federal and federally-assisted programs (i.e., means tested programs). (Sec. 104) Extends to taxable years beginning in 2013 a $250,000 expensing allowance for depreciable business assets, including computer software. Increases to $800,000 the threshold for a phase-out of the amount of such expensing allowance. Title II: Alternative Minimum Tax Relief - (Sec. 201) Extends to taxable years beginning in 2012 the increased exemption from the alternative minimum tax (AMT) for individual taxpayers. (Sec. 202) Extends to taxable years beginning in 2012 the offset against the AMT for certain nonrefundable personal tax credits. Title III: Budgetary Effects - Provides that the budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to the Statutory Pay-As-You-Go Act of 2010 or any Senate PAYGO scorecard.

A bill to amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dependent Care Savings Account Act of 2014''. SEC. 2. DEPENDENT CARE SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and inserting after section 223 the following new section: ``SEC. 224. DEPENDENT CARE SAVINGS ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of the individual to a dependent care savings account of such individual. ``(b) Limitation.-- ``(1) In general.--The amount allowable as a deduction under subsection (a) to an individual for the taxable year shall not exceed the lesser of-- ``(A) $5,000, or ``(B) the individual's earned income (within the meaning of section 21) for such taxable year. ``(2) Coordination with dependent care assistance benefits.--The limitation which would (but for this paragraph) apply under paragraph (1) to an individual for any taxable year shall be reduced (but not below zero) by the aggregate amount excludable from the individual's gross income for such taxable year under section 129. ``(c) Dependent Care Savings Account.--For purposes of this section-- ``(1) In general.--The term `dependent care savings account' means a trust created or organized in the United States as a dependent care savings account exclusively for the purpose of paying the qualified dependent care expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: ``(A) Except in the case of a rollover contribution described in subsection (e)(5), no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year on behalf of any account beneficiary in excess of $10,000. ``(B) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(E) The interest of an individual in the balance in his account is nonforfeitable. ``(2) Qualified dependent care expenses.--The term `qualified dependent care expenses' means the employment- related expenses (as defined in section 21(b)(2)) of the account beneficiary with respect to any qualifying individual (as defined in section 21(b)(1)) of the account beneficiary. Such term includes qualified long-term care services (as defined in section 7702B(c)), and amounts paid for qualified long-term care insurance contracts (as defined in section 7702B(b)), with respect to such qualifying individuals of the account beneficiary. ``(3) Account beneficiary.--The term `account beneficiary' means the individual on whose behalf the dependent care savings account was established. ``(4) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Except as provided in section 129, section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 219(f)(5) (relating to employer payments). ``(D) Section 223(b)(6) (relating to denial of deduction to dependents). ``(E) Section 408(g) (relating to community property laws). ``(F) Section 408(h) (relating to custodial accounts). ``(d) Tax Treatment of Accounts.-- ``(1) In general.--A dependent care savings account is exempt from taxation under this subtitle unless such account has ceased to be a dependent care savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511. ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to dependent care savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified dependent care expenses. ``(e) Tax Treatment of Distributions.-- ``(1) Amounts used for qualified dependent care expenses.-- Any amount paid or distributed out of a dependent care savings account which is used exclusively to pay qualified dependent care expenses of any account beneficiary shall not be includible in gross income. ``(2) Inclusion of amounts not used for qualified dependent care expenses.--Any amount paid or distributed out of a dependent care savings account which is not used exclusively to pay the qualified dependent care expenses of the account beneficiary shall be included in the gross income of such beneficiary. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to any dependent care savings account of an individual, paragraph (2) shall not apply to distributions from the dependent care savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution described in paragraph (5)) which is neither excludable from gross income under section 129 nor deductible under this section. ``(4) Additional tax on distributions not used for qualified dependent care expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a dependent care savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. ``(B) Exception for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. ``(5) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--Paragraph (2) shall not apply to any amount paid or distributed from a dependent care savings account to the account beneficiary to the extent the amount received is paid into a dependent care savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a dependent care savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a dependent care savings account which was not includible in the individual's gross income because of the application of this paragraph. ``(6) Coordination with dependent care credit.--For purposes of determining the amount of the credit under section 21, any payment or distribution out of a dependent care savings account for qualified dependent care expenses shall not be treated as employment-related expenses. ``(7) Transfer of account incident to divorce; treatment after death.--Rules similar to the rules of paragraphs (7) and (8) of section 223 shall apply with respect to dependent care savings accounts. ``(f) Reports.--The Secretary may require the trustee of a dependent care savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting before the last sentence the following new paragraph: ``(22) Dependent care savings accounts.--The deduction allowed by section 224(a).''. (c) Exclusion of Employer Contributions.--Section 129 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Contributions to Dependent Care Savings Accounts.-- ``(1) In general.--Gross income of an employee does not include amounts contributed by an employee's employer to any dependent care savings account (as defined in section 224) of such employee to the extent such amounts do not exceed the limitation under section 224(b)(1) which is applicable to such employee for such taxable year. ``(2) Cross reference.--For penalty on failure by employer to make comparable contributions to the dependent care savings accounts of comparable employees, see section 4980H.''. (d) Tax on Excess Contributions.--Section 4973 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a), by striking ``or'' at the end of paragraph (4), by adding ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a dependent care savings account (as defined in section 224),'', and (2) by adding at the end the following new subsection: ``(h) Excess Contributions to Dependent Care Savings Accounts.--For purposes of this section, in the case of a dependent care savings account (as defined in section 224), the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the account (other than a rollover contribution described in section 224(e)(5)) which is neither excludable from gross income under section 129 nor allowable as a deduction under section 224 for such year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the account which were included in gross income under section 224(e)(2), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 224(b)(1) for the taxable year, over ``(ii) the amount contributed to the account for the taxable year.''. (e) Failure of Employer To Make Comparable Dependent Care Savings Account Contributions.--Chapter 43 of the Internal Revenue Code of 1986, as amended by the Patient Protection and Affordable Care Act, is amended by adding at the end the following new section: ``SEC. 4980J. FAILURE OF EMPLOYER TO MAKE COMPARABLE DEPENDENT CARE SAVINGS ACCOUNT CONTRIBUTIONS. ``(a) General Rule.--In the case of an employer who makes a contribution to the dependent care savings account of any employee during a calendar year, there is hereby imposed a tax on the failure of such employer to meet the requirements of subsection (b) for such calendar year. ``(b) Rules and Requirements.--Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section. ``(c) Regulations.--The Secretary shall issue regulations to carry out the purposes of this section. ``(d) Exception.--For purposes of applying section 4980E to a contribution to a dependent care savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees.''. (f) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 224 as an item relating to section 225, and by inserting before such item the following new item: ``Sec. 224. Dependent care savings accounts.''. (2) The table of sections for chapter 43 of such Code, as amended by the Patient Protection and Affordable Care Act, is amended by adding at the end the following new item: ``Sec. 4980J. Failure of employer to make comparable dependent care savings account contributions.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Dependent Care Savings Account Act of 2014 - Amends the Internal Revenue Code to: (1) establish tax-exempt dependent care savings accounts to pay the employment-related expenses of caring for a dependent of the taxpayer, (2) allow a deduction from gross income (above-the-line deduction) of up to $5,000 in a taxable year for cash contributions to such accounts, (3) set forth rules for the tax treatment of account distributions and for excess contributions to an account, and (4) impose a tax on employers who fail to make comparable contributions to a dependent savings account for all participating employees.

Dependent Care Savings Account Act of 2014

SECTION 1. UNDER SECRETARY FOR POLICY. (a) Short Title.--This Act may be cited as the ``Homeland Security Policy Act of 2005''. (b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) by redesignating title VI and section 601 as title XVIII and section 1801, respectively, and transferring that title to the end of the Homeland Security Act of 2002; and (2) by inserting after title V, the following: ``TITLE VI--UNDER SECRETARY FOR POLICY ``SEC. 601. UNDER SECRETARY FOR POLICY. ``(a) In General.--There shall be in the Department an Under Secretary for Policy, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(b) Responsibilities.--Subject to the direction, authority, and control of the Secretary, the responsibilities of the Under Secretary for Policy shall be as follows: ``(1) Policy.-- ``(A) To serve as the principal policy advisor to the Secretary. ``(B) To provide overall direction and supervision for policy development to programs, offices, and activities of the Department. ``(C) To establish and direct a formal policymaking process for the Department. ``(D) To analyze, evaluate, and review completed, ongoing, and proposed programs, to ensure they are compatible with the Secretary's priorities, strategic plans, and policies. ``(2) Strategic planning.-- ``(A) To conduct long-range, strategic planning for the Department. ``(B) To prepare national and Department strategies, as appropriate. ``(C) To conduct net assessments of issues facing the Department. ``(D) To conduct reviews of the Department to ensure the implementation of this paragraph. ``(3) International responsibilities.-- ``(A) To promote informational and educational exchange with nations friendly to the United States in order to promote sharing of best practices and technologies relating to homeland security, including-- ``(i) the exchange of information on research and development on homeland security technologies; ``(ii) joint training exercises of first responders; and ``(iii) exchanging expertise and information on terrorism prevention, response, and crisis management. ``(B) To identify areas for homeland security informational and training exchange where the United States has a demonstrated weakness and another friendly nation or nations have a demonstrated expertise. ``(C) To plan and undertake international conferences, exchange programs (including the exchange of scientists, engineers, and other experts), and other training activities. ``(D) To manage international activities within the Department in coordination with other Federal officials with responsibility for counterterrorism matters. ``(4) Private sector.-- ``(A) To create and foster strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland. ``(B) To advise the Secretary on the impact of the policies, regulations, processes, and actions of the Department on the private sector. ``(C) To interface with other relevant Federal agencies with homeland security missions to assess the impact of the actions of such agencies on the private sector. ``(D) To create and manage private sector advisory councils composed of representatives of industries and associations designated by the Secretary-- ``(i) to advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; and ``(ii) to advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations. ``(E) To work with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions. ``(F) To promote existing public-private partnerships and develop new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges. ``(G) To assist in the development and promotion of private sector best practices to secure critical infrastructure. ``(H) To coordinate industry efforts, with respect to functions of the Department, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack. ``(I) To coordinate among Department operating entities and with the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries.''. (c) Technical and Conforming Amendments.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) in section 103-- (A) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; and (B) by inserting after paragraph (5) the following: ``(6) An Under Secretary for Policy.''; (2) by striking section 879; (3) by redesignating sections 880 through 890 as sections 879 through 889, respectively; and (4) in the table of contents-- (A) by redesignating the items relating to title VI and section 601 as relating to title XVIII and section 1801, respectively, and transferring the items relating to that title and section to the end of the table of contents; (B) by inserting before the item relating to title VII the following: ``TITLE VI--UNDER SECRETARY FOR POLICY ``Sec. 601. Under Secretary for Policy.''; (C) by striking the item relating to section 879; and (D) by redesignating the items relating to sections 880 through 890 as relating to sections 879 through 889, respectively.

Homeland Security Policy Act of 2005 - Amends the Homeland Security Act to establish an Under Secretary for Policy in the Department of Homeland Security to serve as the principal policy advisor to the Secretary of Homeland Security.

A bill to establish an Under Secretary for Policy in the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harmful Nonnative Weed Control Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) public and private land in the United States faces unprecedented and severe stress from harmful, nonnative weeds; (2) the economic and resource value of the land is being destroyed as harmful nonnative weeds overtake native vegetation, making the land unusable for forage and for diverse plant and animal communities; (3) damage caused by harmful nonnative weeds has been estimated to run in the hundreds of millions of dollars annually; (4) successfully fighting this scourge will require coordinated action by all affected stakeholders, including Federal, State, and local governments, private landowners, and nongovernmental organizations; (5) the fight must begin at the local level, since it is at the local level that persons feel the loss caused by harmful nonnative weeds and will therefore have the greatest motivation to take effective action; and (6) to date, effective action has been hampered by inadequate funding at all levels of government and by inadequate coordination. (b) Purposes.--The purposes of this Act are-- (1) to provide assistance to eligible weed management entities in carrying out projects to control or eradicate harmful, nonnative weeds on public and private land; (2) to coordinate the projects with existing weed management areas and districts; (3) in locations in which no weed management entity, area, or district exists, to stimulate the formation of additional local or regional cooperative weed management entities, such as entities for weed management areas or districts, that organize locally affected stakeholders to control or eradicate weeds; (4) to leverage additional funds from a variety of public and private sources to control or eradicate weeds through local stakeholders; and (5) to promote healthy, diverse, and desirable plant communities by abating through a variety of measures the threat posed by harmful, nonnative weeds. SEC. 3. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the advisory committee established under section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 4. ESTABLISHMENT OF PROGRAM. The Secretary shall establish in the Office of the Secretary a program to provide financial assistance through States to eligible weed management entities to control or eradicate harmful, nonnative weeds on public and private land. SEC. 5. ADVISORY COMMITTEE. (a) In General.--The Secretary shall establish in the Department of the Interior an advisory committee to make recommendations to the Secretary regarding the annual allocation of funds to States under section 6 and other issues related to funding under this Act. (b) Composition.--The Advisory Committee shall be composed of not more than 10 individuals appointed by the Secretary who-- (1) have knowledge and experience in harmful, nonnative weed management; and (2) represent the range of economic, conservation, geographic, and social interests affected by harmful, nonnative weeds. (c) Term.--The term of a member of the Advisory Committee shall be 4 years. (d) Compensation.-- (1) In general.--A member of the Advisory Committee shall receive no compensation for the service of the member on the Advisory Committee. (2) Travel expenses.--A member of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Committee. (e) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. SEC. 6. ALLOCATION OF FUNDS TO STATES. (a) In General.--In consultation with the Advisory Committee, the Secretary shall allocate funds made available for each fiscal year under section 8 to States to provide funding in accordance with section 7 to eligible weed management entities to carry out projects approved by States to control or eradicate harmful, nonnative weeds on public and private land. (b) Amount.--The Secretary shall determine the amount of funds allocated to a State for a fiscal year under this section on the basis of-- (1) the seriousness of the harmful, nonnative weed problem or potential problem in the State, or a portion of the State; (2) the extent to which the Federal funds will be used to leverage non-Federal funds to address the harmful, nonnative weed problems in the State; (3) the extent to which the State has made progress in addressing harmful, nonnative weed problems in the State; (4) the extent to which weed management entities in a State are eligible for base payments under section 7; and (5) other factors recommended by the Advisory Committee and approved by the Secretary. SEC. 7. USE OF FUNDS ALLOCATED TO STATES. (a) In General.--A State that receives an allocation of funds under section 6 for a fiscal year shall use-- (1) not more than 25 percent of the allocation to make a base payment to each weed management entity in accordance with subsection (b); and (2) not less than 75 percent of the allocation to make financial awards to weed management entities in accordance with subsection (c). (b) Base Payments.-- (1) Use by weed management entities.-- (A) In general.--Base payments under subsection (a)(1) shall be used by weed management entities-- (i) to pay the Federal share of the cost of carrying out projects described in subsection (d) that are selected by the State in accordance with subsection (d); or (ii) for any other purpose relating to the activities of the weed management entities, subject to guidelines established by the State. (B) Federal share.--Under subparagraph (A), the Federal share of the cost of carrying out a project described in subsection (d) shall not exceed 50 percent. (2) Eligibility of weed management entities.--To be eligible to obtain a base payment under paragraph (1) for a fiscal year, a weed management entity in a State shall-- (A) be established by local stakeholders-- (i) to control or eradicate harmful, nonnative weeds on public or private land; or (ii) to increase public knowledge and education concerning the need to control or eradicate harmful, nonnative weeds on public or private land; (B)(i) for the first fiscal year for which the entity receives a base payment, provide to the State a description of-- (I) the purposes for which the entity was established; and (II) any projects carried out to accomplish those purposes; and (ii) for any subsequent fiscal year for which the entity receives a base payment, provide to the State-- (I) a description of the activities carried out by the entity in the previous fiscal year-- (aa) to control or eradicate harmful, nonnative weeds on public or private land; or (bb) to increase public knowledge and education concerning the need to control or eradicate harmful, nonnative weeds on public or private land; and (II) the results of each such activity; and (C) meet such additional eligibility requirements, and conform to such process for determining eligibility, as the State may establish. (c) Financial Awards.-- (1) Use by weed management entities.-- (A) In general.--Financial awards under subsection (a)(2) shall be used by weed management entities to pay the Federal share of the cost of carrying out projects described in subsection (d) that are selected by the State in accordance with subsection (d). (B) Federal share.--Under subparagraph (A), the Federal share of the cost of carrying out a project described in subsection (d) shall not exceed 50 percent. (2) Eligibility of weed management entities.--To be eligible to obtain a financial award under paragraph (1) for a fiscal year, a weed management entity in a State shall-- (A) meet the requirements for eligibility for a base payment under subsection (b)(2); and (B) submit to the State a description of the project for which the financial award is sought. (d) Projects.-- (1) In general.--An eligible weed management entity may use a base payment or financial award received under this section to carry out a project relating to the control or eradication of harmful, nonnative weeds on public or private land, including-- (A) education, inventories and mapping, management, monitoring, and similar activities, including the payment of the cost of personnel and equipment; and (B) innovative projects, with results that are disseminated to the public. (2) Selection of projects.--A State shall select projects for funding under this section on a competitive basis, taking into consideration (with equal consideration given to economic and natural values)-- (A) the seriousness of the harmful, nonnative weed problem or potential problem addressed by the project; (B) the likelihood that the project will prevent or resolve the problem, or increase knowledge about resolving similar problems in the future; (C) the extent to which the payment will leverage non-Federal funds to address the harmful, nonnative weed problem addressed by the project; (D) the extent to which the entity has made progress in addressing harmful, nonnative weed problems; (E) the extent to which the project will provide a comprehensive approach to the control or eradication of harmful, nonnative weeds; (F) the extent to which the project will reduce the total population of a harmful, nonnative weed within the State; and (G) other factors that the State determines to be relevant. (3) Scope of projects.-- (A) In general.--A weed management entity shall determine the geographic scope of the harmful, nonnative weed problem to be addressed through a project using a base payment or financial award received under this section. (B) Multiple states.--A weed management entity may use the base payment or financial award to carry out a project to address the harmful, nonnative weed problem of more than 1 State if the entity meets the requirements of applicable State laws. (4) Land.--A weed management entity may use a base payment or financial award received under this section to carry out a project to control or eradicate weeds on any public or private land with the approval of the owner or operator of the land, other than land that is devoted to the cultivation of row crops, fruits, or vegetables. (5) Prohibition on projects to control aquatic noxious weeds or animal pests.--A base payment or financial award under this section may not be used to carry out a project to control or eradicate aquatic noxious weeds or animal pests. (e) Administrative Costs.--Not more than 5 percent of the funds made available under section 8 for a fiscal year may be used by the States or the Federal Government to pay the administrative costs of the program established by this Act, including the costs of complying with Federal environmental laws. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Prohibits such assistance from being used to carry out projects to control or eradicate aquatic noxious weeds or animal pests.

Harmful Nonnative Weed Control Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness, Accountability, and Certainty for Taxpayers in Coal Leasing Act''. SEC. 2. SENSE OF THE SENATE RELATING TO A REVIEW OF THE FEDERAL COAL LEASING PROGRAM. It is the sense of the Senate that-- (1) the Federal coal leasing program should be reviewed-- (A) to ensure that taxpayers receive a fair rate of return for Federal minerals; (B) to provide appropriate transparency; and (C) to ensure that management of Federal land and minerals is in the public interest; (2) the responsible development of coal resources on Federal land provides an important source of jobs and revenue for States and local economies; and (3) the review under paragraph (1) should be completed as soon as practicable after the date of enactment of this Act. SEC. 3. DEADLINE FOR COMPLETION OF A PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. Not later than January 15, 2021, the Secretary of the Interior shall complete the programmatic review of coal leasing on Federal land described in section 4 of Secretarial Order 3338, issued by the Secretary of the Interior on January 15, 2016. SEC. 4. ROYALTY POLICY COMMITTEE. (a) In General.--To ensure consultation with key State, tribal, environmental, energy, and Federal stakeholders, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior (referred to in this section as the ``Secretary'') shall reestablish the Royalty Policy Committee (referred to in this section as the ``Committee'') in accordance with the charter of the Secretary, dated March 26, 2010, as modified by this section. (b) Duties.--The Committee shall-- (1) provide advice to the Secretary, acting through the Director of the Office of Natural Resource Revenue, on the management of Federal and Indian mineral leases and revenues under the law governing the Department of the Interior; (2) review and comment on revenue management and other mineral and energy-related policies; and (3) provide a forum to convey views representative of mineral lessees, operators, revenue payers, revenue recipients, governmental agencies, and public interest groups. (c) Advisory.--The duties of the Committee shall be solely advisory. (d) Meetings.--The Committee shall meet at least once a year at the request of the Secretary. (e) Duration.--The charter of the Committee may be renewed in 2- year increments by the Secretary. (f) Membership.-- (1) In general.--Subject to paragraph (2), the Secretary shall appoint non-Federal members and alternates to the Committee for a term of up to 3 years. (2) Terms.-- (A) In general.--The terms of non-Federal Committee members and alternates shall be staggered to preserve the integrity of the Committee. (B) Terms.--Except as provided in subparagraph (C), the terms of new or reappointed non-Federal members of the Committee shall be 3 years. (C) Shorter terms.--If a term of 3 years would result in more than \1/3\ of the terms of the non- Federal members expiring in any year, appointments of non-Federal members may be extended for 1 year or 2 terms to provide continuity of the Committee. (D) Maximum number of years.-- (i) In general.--Subject to clause (ii), non-Federal members may not serve more than 6 consecutive years as a member of the Committee. (ii) Reappointment.--After a 2-year break in service, any non-Federal member who has served 6 consecutive years shall be eligible for reappointment to the Committee. (3) Meetings.--The Secretary may revoke the appointment of a member of the Committee and the alternate if the appointed member or alternate fails to attend 2 or more consecutive meetings of the Committee. (4) Balanced representation.--Committee members shall be comprised of non-Federal and Federal members in order to ensure fair and balanced representation with consideration for the efficiency and fiscal economy of the Committee. (5) Discretionary service.--All members of the Committee shall serve at the discretion of the Secretary. (6) Non-federal members.--In appointing non-Federal members of the Committee, the Secretary shall appoint up to-- (A) 5 members who represent States that receive over $10,000,000 annually in royalty revenues from Federal leases; (B) 5 members who represent Indian tribes; (C) 5 members who represent various mineral or energy interests, including at least 1 member who represents labor interests; and (D) 5 members who represent public interest groups, including groups representing taxpayers and groups with academic expertise. (7) Federal members.--The following officials, or their designees, shall be nonvoting, ex-officio members of the Committee: (A) The Assistant Secretary of Indian Affairs. (B) The Director of the Bureau of Land Management. (C) The Director of the Office of Natural Resources Revenue. (g) Subcommittees.-- (1) In general.--Subject to the approval of the Secretary and paragraph (2), subcommittees or workgroups of the Committee may be formed for the purposes of compiling information or conducting research. (2) Administration.--Subcommittees or workgroups of the Committee shall-- (A) act only under the direction of the Committee; and (B) report their recommendations to the full Committee for consideration. (3) Appointment.--The Committee Chair, with the approval of the Secretary of the Interior, shall appoint subcommittee or workgroup members. (4) Meetings.--Subcommittees and workgroups of the Committee shall meet as necessary to accomplish assignments, subject to the approval of the Secretary and the availability of resources. SEC. 5. EMERGENCY LEASING. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall amend section 3425.1-4 of title 43, Code of Federal Regulations, and Secretarial Order 3338, issued by the Secretary of the Interior on January 15, 2016, to authorize earlier emergency leasing than is authorized under section 3425.1-4 of title 43, Code of Federal Regulations (as of the date of enactment of this Act). (b) Administration.--In carrying out subsection (a), the Secretary of the Interior shall substitute ``4 years'' for ``3 years'' each place it appears in section 3425.1-4 of title 43, Code of Federal Regulations, for the duration of the programmatic review of the Federal coal program and the limitations on the issuance of Federal coal leases described in Secretarial Order 3338 issued by the Secretary of the Interior on January 15, 2016.

Fairness, Accountability, and Certainty for Taxpayers in Coal Leasing Act This bill establishes a deadline for the Department of the Interior to complete a comprehensive review of the federal coal leasing program.The review, in the form of a Programmatic Environmental Impact Statement, is designed to ensure that the federal coal program is properly structured to provide a fair return to taxpayers and toreflect its impacts on the environment, while continuing to helpmeet energy needs. In addition, Interior shall reestablish the Royalty Policy Committee to ensure consultation among state, tribal, environmental, energy, and federal stakeholders.The committee must provide advice to Interior on the management of federal and Indian mineral leases and shall be composed of federal and non-federal members. The bill also requires Interior to authorize earlier emergency coal leasing than is currently authorized under federal regulations.

Fairness, Accountability, and Certainty for Taxpayers in Coal Leasing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Land Probate Reform Technical Corrections Act of 2005''. SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND. Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Purchase of Land.-- ``(1) In general.--Subject to subsection (b), any Indian tribe may purchase, at not less than fair market value and with the consent of the owners of the interests, part or all of the interests in-- ``(A) any tract of trust or restricted land within the boundaries of the reservation of the tribe; or ``(B) land that is otherwise subject to the jurisdiction of the tribe. ``(2) Required consent.-- ``(A) In general.--The Indian tribe may purchase all interests in a tract described in paragraph (1) with the consent of the owners of undivided interests equal to at least 50 percent of the undivided interest in the tract. ``(B) Interest owned by tribe.--Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under subparagraph (A) has been met.''; (2) by redesignating subsection (d) as subsection (c); and (3) in subsection (c) (as redesignated by paragraph (2))-- (A) in paragraph (2)-- (i) in subparagraph (G)(ii)(I), by striking ``a higher valuation of the land'' and inserting ``a value of the land that is equal to or greater than that of the earlier appraisal''; and (ii) in subparagraph (I)(iii)-- (I) in subclause (III), by inserting ``(if any)'' after ``this section''; and (II) in subclause (IV)-- (aa) in item (aa), by striking ``less'' and inserting ``more''; and (bb) in item (bb), by striking ``to implement this section'' and inserting ``under paragraph (5)''; and (B) in paragraph (5), in the second sentence, by striking ``shall'' and inserting ``may''. SEC. 3. TRIBAL PROBATE CODES. Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205) is amended-- (1) in subsection (b)(3), by striking subparagraph (A) and inserting the following: ``(A) the date that is 1 year after the date on which the Secretary makes the certification required under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-374); or''; and (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``section'' and all that follows through ``the Indian tribe'' and inserting ``section 207(b)(2)(A)(ii), the Indian tribe''; and (B) in paragraph (2)(A)(i)(II)(bb), by inserting ``in writing'' after ``agrees''. SEC. 4. DESCENT AND DISTRIBUTION. (a) In General.--Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended-- (1) by redesignating subsections (h) through (p) as subsections (g) through (o), respectively; (2) in subsection (g) (as redesignated by paragraph (1))-- (A) in paragraph (2)-- (i) by inserting ``specifically'' after ``pertains''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) the allotted land (or any interest relating to such land) of 1 or more specific Indian tribes expressly identified in Federal law, including any of the Federal laws governing the probate or determination of heirs associated with, or otherwise relating to, the land, interest in land, or other interests or assets that are owned by individuals in-- ``(i) Five Civilized Tribes restricted fee status; or ``(ii) Osage Tribe restricted fee status.''; and (B) by adding at the end the following: ``(3) Effect of subsection.--Except to the extent that this Act otherwise affects the application of a Federal law described in paragraph (2), nothing in this subsection limits the application of this Act to trust or restricted land, interests in such land, or any other trust or restricted interests or assets.''; (3) in subsection (h) (as redesignated by paragraph (1))-- (A) in paragraph (6), by striking ``(25 U.S.C. 2205)''; and (B) in paragraph (7), by inserting ``in trust or restricted status'' after ``testator''; (4) in subsection (j) (as redesignated by paragraph (1))-- (A) in paragraph (2)(A)-- (i) in clause (ii)(I), by striking ``the date of enactment of this subparagraph'' and inserting ``the date that is 1 year after the date on which the Secretary publishes a notice of certification under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-374)''; and (ii) in clause (iii), by striking ``the provisions of section 207(a)(2)(A)'' and inserting ``subsection (a)(2)(A)''; (B) in paragraph (8)(D), by striking ``the provisions of section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D))'' and inserting ``subsection (a)(2)(D)''; and (C) in paragraph (9)(C)-- (i) by striking ``section 207(e) (25 U.S.C. 2206(e))'' and inserting ``subsection (e)''; and (ii) by striking ``section 207(p) (25 U.S.C. 2206(p))'' and inserting ``subsection (o)''; and (5) in subsection (o) (as redesignated by paragraph (1))-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``section 207(a)(2)(A) or (D)'' and inserting ``subparagraph (A) or (D) of subsection (a)(2)''; and (ii) in subparagraph (A), by striking ``section 207(b)(1)(A)'' and inserting ``subsection (b)(1)(A)''; (B) in paragraph (3)(B), by striking ``section 207(a)(2)(A) or (D)'' and inserting ``subparagraph (A) or (D) of subsection (a)(2)''; and (C) in paragraph (6)-- (i) in the first sentence, by striking ``Proceeds'' and inserting the following: ``(A) In general.--Proceeds''; and (ii) by striking the second sentence and inserting the following: ``(B) Holding in trust.--Proceeds described in subparagraph (A) shall be deposited and held in an account as trust personalty if the interest sold would otherwise pass to-- ``(i) the heir, by intestate succession under subsection (a); or ``(ii) the devisee in trust or restricted status under subsection (b)(1).''. (b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa) of the Indian Land Consolidation Act (25 U.S.C. 2206(a)(2)(D)(iv)(I)(aa)) is amended-- (1) by striking ``clause (iii)'' and inserting ``this subparagraph''; and (2) in subitem (BB), by striking ``any co-owner'' and inserting ``not more than 1 co-owner''. (c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by striking the subsection heading and inserting the following: ``(c) Joint Tenancy; Right of Survivorship.--''. (d) Estate Planning Assistance.--Section 207(f)(3) of the Indian Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter preceding subparagraph (A) by inserting ``, including noncompetitive grants,'' after ``grants''. SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM. Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.''; and (2) in subsection (a)(1), by striking ``(25 U.S.C. 2206(p))''. SEC. 6. ESTABLISHING FAIR MARKET VALUE. Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214) is amended by striking the last sentence and inserting the following: ``Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this Act.''. SEC. 7. LAND OWNERSHIP INFORMATION. Section 217(e) of the Indian Land Consolidation Act (25 U.S.C. 2216(e)) is amended by striking ``be made available to'' and inserting ``be made available to--''. SEC. 8. CONFORMING AMENDMENTS. (a) Probate Reform.--The American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-374) is amended-- (1) in section 4, by striking ``(as amended by section 6(a)(2))''; and (2) in section 9, by striking ``section 205(d)(2)(I)(i)'' and inserting ``section 205(c)(2)(I)(i) of the Indian Land Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))''. (b) Transfer and Exchange of Land.--Section 4 of the Act of June 18, 1934 (25 U.S.C. 464) is amended to read as follows: ``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF INDIAN TRIBES AND CORPORATIONS. ``(a) Approval.--Except as provided in this section, no sale, devise, gift, exchange, or other transfer of restricted Indian land or shares in the assets of an Indian tribe or corporation organized under this Act shall be made or approved. ``(b) Transfer to Indian Tribe.-- ``(1) In general.--Land or shares described in subsection (a) may be sold, devised, or otherwise transferred to the Indian tribe on the reservation of which the land is located, or in the corporation of which the shares are held or were derived (or a successor of such a corporation), with the approval of the Secretary of the Interior. ``(2) Descent and devise.--Land and shares transferred under paragraph (1) shall descend or be devised to any member of the Indian tribe or corporation (or an heir of such a member) in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved under that Act (including regulations). ``(c) Voluntary Exchanges.--The Secretary of the Interior may authorize a voluntary exchange of land or shares described in subsection (a) that the Secretary determines to be of equal value if the Secretary determines that the exchange is-- ``(1) expedient; ``(2) beneficial for, or compatible with, achieving proper consolidation of Indian land; and ``(3) for the benefit of cooperative organizations.''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall be effective as if included in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-374). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Indian Land Probate Reform Technical Corrections Act of 2005 - Amends the Indian Land Consolidation Act to make technical amendments with regard to: (1) partition of highly fractionated Indian land; (2) tribal probate codes; (3) descent and distribution; (4) the fractional interest acquisition program; (5) establishment of fair market value; and (6) land ownership information.

A bill to amend the Indian Land Consolidation Act to provide for probate reform.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ITIN Reform Act of 2014''. SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF ITINS. (a) In General.--Section 6109 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(i) Special Rules Relating to the Issuance of ITINs.-- ``(1) In general.--The Secretary may issue an individual taxpayer identification number to an individual only if the requirements of paragraphs (2) and (3) are met. ``(2) In-person application.--The requirements of this paragraph are met if, with respect to an application for an individual taxpayer identification number-- ``(A) the applicant submits an application in person, using Form W-7 (or any successor thereof) and including the required documentation, at a taxpayer assistance center of the Internal Revenue Service, or ``(B) in the case of an applicant who resides outside of the United States, the applicant submits the application in person to an employee of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular post, together with the required documentation. ``(3) Initial on-site verification of documentation.--The requirements of this paragraph are met if, with respect to each application, an employee of the Internal Revenue Service at the taxpayer assistance center, or the employee or designee described in paragraph (2)(B), as the case may be, conducts an initial verification of the documentation supporting the application submitted under paragraph (2). ``(4) Required documentation.--For purposes of this subsection-- ``(A) required documentation includes such documentation as the Secretary may require that proves the individual's identity and foreign status, and ``(B) the Secretary may only accept original documents. ``(5) Exceptions.-- ``(A) Military spouses.--Paragraph (1) shall not apply to the spouse, or the dependents, without a social security number of a taxpayer who is a member of the Armed Forces of the United States. ``(B) Treaty benefits.--Paragraph (1) shall not apply to a nonresident alien applying for an individual taxpayer identification number for the purpose of claiming tax treaty benefits. ``(6) Term.-- ``(A) In general.--An individual taxpayer identification number issued after the date of the enactment of this subsection shall be valid only for the 5-year period which includes the taxable year of the individual for which such number is issued and the 4 succeeding taxable years. ``(B) Renewal of itin.--Such number shall be valid for an additional 5-year period only if it is renewed through an application which satisfies the requirements under paragraphs (2) and (3). ``(C) Special rule for existing itins.--In the case of an individual with an individual taxpayer identification number issued on or before the date of the enactment of this subsection, such number shall not be valid after the earlier of-- ``(i) the end of the 3-year period beginning on the date of the enactment of this subsection, or ``(ii) the first taxable year beginning after-- ``(I) the date of the enactment of this subsection, and ``(II) any taxable year for which the individual (or, if a dependent, on which the individual is included) did not make a return.''. (b) Interest.--Section 6611 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rule Relating to ITINs.--Notwithstanding any other provision of this section, no interest shall be allowed or paid to or on behalf of an individual with respect to any overpayment until 45 days after an individual taxpayer identification number is issued to the individual.''. (c) Audit by TIGTA.--Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Treasury Inspector General for Tax Administration shall conduct an audit of the program of the Internal Revenue Service for the issuance of individual taxpayer identification numbers pursuant to section 6109(i) of the Internal Revenue Code of 1986. The report required by this subsection shall be submitted to the Congress. (d) Effective Date.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to requests for individual taxpayer identification numbers made after the date of the enactment of this Act. (2) Subsection (b).--The amendment made by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date of the enactment of this Act.

ITIN Reform Act of 2014 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to issue an individual taxpayer identification number (ITIN) to an individual only if such individual: (1) submits an application for an ITIN in person at an Internal Revenue Service (IRS) taxpayer assistance center with required documentation, or (2) submits an application in person outside of the United States to an IRS employee or a designee of the Secretary at a U.S. diplomatic mission or consular post with required documentation. Exempts from such requirements: (1) the spouse, or the dependents, without a social security number of a taxpayer who is a member of the U.S. Armed Forces, and (2) nonresident aliens claiming tax treaty benefits. Requires the Inspector General of the Department of the Treasury for Tax Administration to audit, on a biennial basis, the IRS program for issuance of ITINs pursuant to this Act and report to Congress on such audit.

ITIN Reform Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thrift Savings Fund Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In order to enhance stability in the operations of the legislative branch of the Government, it is important to maintain a professional congressional staff and to promote longevity of service. (2) Consistent with paragraph (1), Congress has recently enacted legislation authorizing new benefits, such as a student loan forgiveness program, and taken other measures to improve staff compensation and benefits. (3) The Thrift Savings Plan is an important benefit which is offered to congressional employees, and which furthers the goal of attracting and retaining talented individuals to serve in the legislative branch of the Government. (4) The 3 stock index funds in the Thrift Savings Plan have not performed well recently, especially when measured against inflation. In 2002, for example, losses from those funds were greater than 3, 4, and 5 percent, respectively, in the month of December alone, and more than 15, 18, and 22 percent, respectively, for the entire year. (5) By contrast, during that same year, the Government securities and bond index funds in the Thrift Savings Plan had earnings of 5 and 10 percent, respectively, and, in December of that year alone, slightly more than \1/2\ of 1 percent and 2 percent, respectively. (6) By yet greater contrast, increases in gold spot prices more than offset the losses experienced by even the worst- performing stock index fund in the Thrift Savings Plan in 2002, with the price of gold increasing by nearly 25 percent in that year and by more than 9 percent in December of that year alone. SEC. 3. PRECIOUS METALS INVESTMENT FUND. (a) Fund Defined.--Section 8438(a) of title 5, United States Code, is amended-- (1) in paragraph (9), by striking ``and'' at the end; (2) in paragraph (10), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(11) the term `Precious Metals Investment Fund' means the Precious Metals Investment Fund established under subsection (b)(1)(F).''. (b) Establishment.-- (1) In general.--Section 8438(b)(1) of title 5, United States Code, is amended-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(F) a Precious Metals Investment Fund as provided in paragraph (5).''. (2) Fund requirements.--Section 8438(b) of title 5, United States Code, is amended by adding at the end the following: ``(5)(A) The Board shall establish a Precious Metals Investment Fund. ``(B) Contributions to the Precious Metals Investment Fund shall be invested in physical gold, silver, or platinum bullion (rather than any mining company shares, certificates, derivatives, or futures options), and any bullion so acquired shall constitute the assets of the Precious Metals Investment Fund and shall be stored in a vault in a Federally chartered or State chartered bank. Each share in the Precious Metals Investment Fund shall represent a direct investment in the precious metal itself.''. (c) Acknowledgment of Risk.--Section 8439(d) of title 5, United States Code, is amended-- (1) by striking ``or the Small Capitalization Stock Index Investment Fund,'' and inserting ``the Small Capitalization Stock Index Investment Fund, or the Precious Metals Investment Fund,''; and (2) by striking ``and (10),'' and inserting ``(10), and (11),''. SEC. 4. EFFECTIVE DATE; DEFINITIONS. (a) Effective Date.--The Federal Retirement Thrift Investment Board-- (1) shall study the operation of existing precious metals funds to determine the best practices of those funds; and (2) not later than 1 year after the date of the enactment of this Act-- (A) shall establish the Precious Metals Investment Fund, incorporating the best practices referred to in paragraph (1) to such extent and in such manner as the Board shall determine; and (B) shall make the Precious Metals Investment Fund available to individuals participating in the Thrift Savings Plan. (b) Definitions.--For purposes of this section-- (1) the term ``Precious Metals Investment Fund'' has the meaning given such term by section 8438(a)(11) of title 5, United States Code (as amended by section 3(a)); and (2) the term ``Thrift Savings Plan'' refers to the plan described in subchapter III of chapter 84 of such title 5.

Thrift Savings Fund Improvement Act - Establishes the Precious Metals Investment Fund as an investment option for individuals participating in the Thrift Savings Plan. Requires that contributions to such Fund be invested in physical gold, silver, or platinum bullion. Directs the Federal Retirement Thrift Investment Board to: (1) study the operation of existing precious metal funds to determine the best practices of such funds; (2) establish the Precious Metals Investment Fund incorporating the best practices of existing funds; and (3) make such Fund available to individuals participating in the Thrift Savings Plan.

To amend title 5, United States Code, to provide for the establishment of a precious metals investment option in the Thrift Savings Fund.

SECTION 1. REPORT RELATING TO THE MURDERS OF JOHN BRANCHIZIO, MARK PARSON, AND JOHN MARIN LINDE. (a) Findings.--Congress makes the following findings: (1) On October 15, 2003, a convoy of clearly identified United States diplomatic vehicles was attacked by Palestinian terrorists in Gaza resulting in the deaths of John Branchizio, Mark Parson, and John Marin Linde, and the injury of a fourth American. (2) John Branchizio, Mark Parson, and John Marin Linde were contract employees providing security to United States diplomatic personnel who were visiting Gaza in order to identify potential Palestinian candidates for scholarships under the Fulbright Program. (3) Senior officials of the Palestinian Authority have stated that they were aware of the identities of the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde. (4) Following her visit to Israel and the West Bank on February 7, 2005, Secretary of State Condoleezza Rice announced that she had been ``assured by President Abbas of the Palestinian Authority's intention to bring justice to those who murdered three American personnel in the Gaza in 2003''. (5) Since the bombing on October 15, 2003, United States Government personnel have been prohibited from all travel in Gaza. (6) The United States Rewards for Justice program is offering a reward of up to $5,000,000 for information leading to the arrest or conviction of any persons involved in the murders of John Branchizio, Mark Parson, and John Marin Linde. (7) The Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde have still not been brought to justice. (b) Sense of Congress.--It is the sense of Congress that-- (1) the continued inability or unwillingness of the Palestinian Authority to actively and aggressively pursue the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde and bring them to justice calls into question the Palestinian Authority's suitability as a partner for the United States in diplomatic efforts to resolve the Palestinian-Israeli conflict; (2) future United States assistance to the Palestinian Authority may be suspended or conditioned, and the continued operation of the PLO Representative Office in Washington may be jeopardized, if the Palestinian Authority does not fully and effectively cooperate in bringing to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde; and (3) it is in the vital national security interest of the United States to safeguard, to the greatest extent possible consistent with their mission, United States diplomats and all embassy and consulate personnel, and to use the full power of the United States to bring to justice any individual or entity that threatens, jeopardizes, or harms them. (c) Report.--Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate congressional committees describing-- (1) efforts by the United States to bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde; (2) a detailed assessment of efforts by the Palestinian Authority to bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde, including-- (A) the number of arrests, interrogations, and interviews by Palestinian Authority officials related to the case; (B) the number of Palestinian security personnel and man-hours assigned to the case; (C) the extent of personal supervision or involvement by the President and Ministers of the Palestinian Authority; and (D) the degree of cooperation between the United States and the Palestinian Authority in regards to this case; (3) a specific assessment by the Secretary of whether the Palestinian efforts described in paragraph (2) constitute the best possible effort by the Palestinian Authority; and (4) any additional steps or initiatives requested or recommended by the United States that were not pursued by the Palestinian Authority. (d) Certification.--The requirement to submit a report under subsection (c) shall no longer apply if the Secretary of State certifies to the appropriate congressional committees that the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde have been identified, arrested, and brought to justice. (e) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. Passed the House of Representatives July 16, 2007. Attest: LORRAINE C. MILLER, Clerk.

Expresses the sense of Congress that: (1) the Palestinian Authority's (PA) continued inability or unwillingness to pursue and bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde calls into question the PA's suitability as a U.S. partner in diplomatic efforts to resolve the Palestinian-Israeli conflict; (2) future U.S. assistance to the PA may be suspended or conditioned, and the continued operation of the PLO Representative Office in Washington may be jeopardized, if the PA does not cooperate in bringing these individuals to justice; and (3) it is in the U.S. national interest to safeguard diplomats and all embassy and consulate personnel, and to use the full power of the United States to bring to justice any individual or entity that threatens or harms them. Directs the Secretary of State, within 30 days after the date of the enactment of this Act and every 120 days thereafter, to report to the appropriate congressional committees describing U.S. and PA efforts to bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde.

To require the Secretary of State to submit to Congress a report on efforts to bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekends Without Hunger Act''. SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--The Secretary shall carry out a pilot program under which the Secretary shall provide commodities to eligible institutions to carry out projects to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year. ``(3) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(4) Priority.--In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(5) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(6) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2015, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(7) Funding.-- ``(A) In general.--For each of fiscal years 2011 through 2015, the Secretary shall use such sums as are necessary, but not less than $10,000,000 of funds appropriated under section 3, to purchase commodities to carry out this subsection. ``(B) Availability of funds.--Funds made available under subparagraph (A) shall remain available-- ``(i) until expended; or ``(ii) if the Secretary determines that unspent funds cannot be fully used for approved pilot projects, until September 30, 2015. ``(C) Funding.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''.

Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to implement a five-year pilot program providing commodities to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, and emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary.

A bill to amend the Richard B. Russell National School Lunch to establish a weekend and holiday feeding program to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Coal Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) fossil fuel-fired power plants are the largest source of carbon dioxide emissions in the United States, releasing approximately 2,500,000,000 tons of heat-trapping carbon dioxide in 2004; (2) United States power plants are responsible for nearly 40 percent of the carbon dioxide emissions of the United States; (3) coal power plants are responsible for producing approximately 30 percent of United States annual carbon dioxide emissions; (4) according to the National Energy Technology Laboratory of the Department of Energy-- (A) over 150 new coal-fired electric generating units are proposed to be constructed in the United States, which would produce 96 gigawatts of new electric generating capacity; and (B) if the units described in subparagraph (A) are constructed, the units would produce-- (i) an incremental increase of 500,000,000 tons of carbon dioxide per year from the production by the power sector in the United States as in existence on the date of enactment of this Act; and (ii) an estimated 30,000,000,000 additional tons of carbon dioxide over the course of the useful lives of the units; (5) once completed, power plants often operate for 50 years or more; (6) in August 2006, Xcel Energy announced a project for generating electricity from coal that will use available technology to capture carbon dioxide and store the carbon dioxide underground; (7) designing and building power plants to achieve lower carbon dioxide emissions is far less expensive and more efficient than retrofitting conventional power plants that have excessive carbon dioxide emissions; (8) on February 26, 2006, the Administrator of the Environmental Protection Agency published final emission standards for new fossil fuel-fired electric utility steam generating units and improperly failed to include emission standards for heat-trapping carbon dioxide; (9) in 2006, the Energy Information Administration forecast that annual carbon dioxide pollution from power plants will increase by 1,100,000,000 tons between 2004 and 2030; (10) the projected increase in annual carbon dioxide pollution from power plants in 2030 is equivalent to the annual carbon dioxide emissions from 196,000,000 cars; (11) global temperatures increased an average of 1.4 degrees Fahrenheit during the 21st century, which contribute to-- (A) melting glaciers; (B) disappearing species; (C) more extreme weather patterns, including heat waves in 2006 that killed more than 200 Americans, including more than 160 Californians; and (D) more intense hurricanes; (12) the temperature of the Earth is now the highest it has been in the past 12,000 years, and is only 1.8 degrees Fahrenheit cooler than the maximum temperature of the past 1,000,000 million years; and (13) unless significant action is taken today to reduce emissions, the Earth could warm between 5 and 9 degrees Fahrenheit causing the ice sheets to melt, sea levels to rise, and flooding to occur. SEC. 3. CARBON DIOXIDE NEW SOURCE PERFORMANCE STANDARDS FOR NEW COAL- FIRED ELECTRIC GENERATING UNITS. Section 111 of the Clean Air Act (42 U.S.C. 7411) is amended by adding at the end the following: ``(k) Carbon Dioxide Standards of Performance for Affected Units.-- ``(1) Definition of affected unit.--In this subsection, the term `affected unit' means a new coal-fired electric generating unit (including a cogeneration facility) that commences construction on or after April 26, 2007. ``(2) Emissions limitation.--Each affected unit shall meet, without interruption throughout the lifetime operation of the affected unit, a standard of performance that, at a minimum, requires the affected unit to produce not more than 285 pounds of carbon dioxide per megawatt-hour for supply to the grid. ``(3) Revisions.-- ``(A) In general.--Not later than January 1, 2012, and every 5 years thereafter, the Administrator shall revise the carbon dioxide standard of performance established under paragraph (2) to reduce the maximum rate of carbon dioxide emissions if a reduced level is achievable through the application of the best technological system of continuous emission reduction demonstrated at the time of the revision. ``(B) Publication.--The revision (or determination that a reduced level is not achievable) shall be published in the Federal Register (after notice and opportunity for public comment) not later than the deadline required, and shall be considered final agency action, under section 307(b)(1). ``(4) Injection into geological formations.--Carbon dioxide that is injected into a geological formation in a manner that prevents the release of the carbon dioxide into the atmosphere, as determined by the Administrator, shall not be counted as carbon dioxide emissions discharged from an affected unit for purposes of meeting the carbon dioxide standard of performance under this subsection.''.

Clean Coal Act of 2007 - Amends the Clean Air Act to require a new coal-fired electric generating unit (including a cogeneration facility) that commences construction on or after April 26, 2007, to meet, without interruption throughout the lifetime operation of the unit, a standard of performance that, at a minimum, requires the unit to produce not more than 285 pounds of carbon dioxide per megawatt-hour for supply to the grid. Requires the Administrator of the Environmental Protection Agency (EPA) to revise such standard to reduce the maximum rate of carbon dioxide emissions if a reduced level is achievable through the application of the best technological system of continuous emission reduction demonstrated at the time of the revision. Provides that carbon dioxide that is injected into a geological formation in a manner that prevents the release of the carbon dioxide into the atmosphere shall not be counted as emissions discharged from a unit for purposes of meeting the standard.

A bill to amend the Clean Air Act to establish carbon dioxide new source performance standards for new coal-fired electric generated units.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Revitalization Act of 1994''. SEC. 2. PARTICIPATION AND COOPERATION BETWEEN PUBLIC AND PRIVATE SECTORS TO STIMULATE ECONOMIC DEVELOPMENT. (a) In General.--Title 31, United States Code, is amended by redesignating subtitle VI as subtitle IX and by inserting after subtitle V the following new subtitle: ``Subtitle VI--Cooperation Between Public and Private Sectors ``Chapter Sec. ``75. Cooperative Economic Growth and Development Financing. 7501 ``CHAPTER 75--COOPERATIVE ECONOMIC GROWTH AND DEVELOPMENT FINANCING ``Sec. ``7501. Definitions. ``7502. Financial participation. ``7503. Financing. ``7504. Participating financial institutions. ``Sec. 7501. Definitions ``For purposes of this chapter-- ``(1) Participating financial institution.--The term `participating financial institution' means any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act) or other lending institution-- ``(A) which meets such criteria as the Secretary may establish for participating in any cooperative economic growth and development financing project established by the Secretary under this chapter; and ``(B) whose application to participate as a lender in any such project, subject to such conditions as the Secretary may prescribe, is approved by the Secretary. ``(2) Qualified loan.--The term `qualified loan' means a loan which-- ``(A) is made to a business which-- ``(i) is in good financial condition; ``(ii) has a strong potential for expansion and growth; and ``(iii) is experiencing difficulty in obtaining sufficient amounts of credit on terms which are economically viable for such business due to prevailing economic conditions or other circumstances unrelated to the financial condition of the business; ``(B) is made for purposes which the Secretary determines will-- ``(i) produce a significant net increase in the number of jobs relative to the total amount of the loan; and ``(ii) stimulate economic growth in a region or community in which such business is located; and ``(C) meets such underwriting standards and other criteria as the Secretary determines to be appropriate. ``(3) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``Sec. 7502. Financial participation ``(a) Loan Participations and Guarantees.-- ``(1) In general.--Subject to subsections (b) and (d), the Secretary may-- ``(A) purchase a participation in any qualified loan made by a participating financial institution; and ``(B) guarantee the payment of interest on, and the repayment of principal of, a portion of any qualified loan made by a participating financial institution. ``(2) Terms and conditions.--The Secretary may establish such terms and conditions for a loan participation or loan guarantee under paragraph (1) as the Secretary determines to be appropriate, including-- ``(A) minimum and maximum limitations on the amount of any qualified loan which is eligible for any such participation or guarantee; and ``(B) in the case of a loan guarantee with respect to any qualified loan, a requirement that the participating financial institution which originated the loan maintain a prescribed amount of reserves with respect to the loan or retain a subordinated participating interest in the loan. ``(3) Fees.--The Secretary may impose a fee in such amount as the Secretary determines to be appropriate for any loan participation or loan guarantee made by the Secretary under this section to cover the costs incurred by the Secretary in carrying out this subsection. ``(b) Maximum Amount Limitations on Participations and Guarantees.-- ``(1) Loan participations.--Except with respect to the purchase of loans in connection with the securitization of qualified loans in accordance with subsection (c), the amount of any loan participation or other interest in any qualified loan acquired by the Secretary under this chapter may not exceed the amount which is equal to 70 percent of the total amount of the loan. ``(2) Loan guarantees.--The amount of any guarantee made by the Secretary under subsection (a)(2) with respect to any qualified loan may not exceed 50 percent of the amount which is equal to-- ``(A) the total principal of the loan; minus ``(B) the amount of any participation in such loan which the Secretary has acquired. ``(c) Securitization of Qualified Loans.-- ``(1) In general.--The Secretary may issue securities backed by a pool of qualified loans acquired by the Secretary for such purpose. ``(2) Securities not backed by full faith and credit of the united states.-- ``(A) In general.--A security issued by the Secretary under paragraph (1) shall not be an obligation of the United States, or guaranteed in any respect by, the United States. ``(B) Coordination with loan guarantees.--A loan guarantee provided by the Secretary with respect to any portion of a qualified loan shall cease to be effective at the time the loan is acquired by the Secretary for inclusion in a pool of qualified loans under paragraph (1). ``(3) Standards.--The Secretary shall establish standards governing the composition of a pool of qualified loans under paragraph (1), including standards requiring-- ``(A) a broad geographical distribution of the businesses which received the loans which are in the pool; ``(B) a diversity in the types of businesses which received the loans and in the purposes for which the loans were made; ``(C) a wide variety in the amounts of principal of the qualified loans included in the pool; and ``(D) a large number of loans in the pool. ``(4) Maximum size of loan includible in pool.--In order to be included in a pool under paragraph (1), the total amount of principal of a qualified loan may not exceed an amount equal to 10 percent of the total amount of all loans in such pool. ``(5) Authority to purchase qualified loans for inclusion in pool.--Subject to subsection (d), the Secretary may purchase qualified loans for inclusion in a pool under paragraph (1). ``(d) Annual Limitation on Aggregate Amount of Loans and Guarantees.-- ``(1) Loan participations.--The aggregate amount of qualified loan participations acquired by the Secretary and the amount of qualified loans purchased by the Secretary for inclusion in a pool under subsection (c) shall not exceed $100,000 in any fiscal year. ``(2) Loan guarantees.--The aggregate amount of guarantees issued by the Secretary with respect to qualified loans shall not exceed $200,000 in any fiscal year. ``Sec. 7503. Financing ``(a) Bond Authority.-- ``(1) In general.--In order to obtain additional resources to carry out section 7503 at no expense to the Federal Government or the taxpayer, the Secretary may issue bonds in accordance with this section to obtain additional resources to carry out section 7503. ``(2) Private guarantee.--The Secretary may not issue a bond under paragraph (1) unless (a) the issuance is fully guaranteed by a financial institution which has the highest credit rating of any financial institution in the United States by at least 1 unaffiliated, nationally recognized statistical rating organization or (b) the loan obligation is insured or underwritten by a letter of credit or credit insurance issued by a financial institution which has the highest credit rating of any financial institution in the United States by at least 1 unaffiliated, nationally statistical rating organization. ``(3) Terms and conditions imposed by underwriter.--Except to the extent otherwise provided in this chapter, the Secretary shall comply with any term or condition imposed by an underwriter in connection with the issuance of any bond under paragraph (1). ``(4) Securities not backed by full faith and credit of the united states.--A bond issued by the Secretary under paragraph (1) shall not be an obligation of the United States, or guaranteed in any respect by, the United States. ``Sec. 7504. Participating financial institutions ``(a) Standards and Application Process.--The Secretary shall establish standards and application procedures for the designation of participating financial institutions for purposes of this chapter. ``(b) Advertising and Public Notice.--The Secretary shall provide advertising and public notices, and take such other actions as the Secretary determines to be appropriate, to publicize-- ``(1) the existence of the cooperative financial participation projects established under this chapter; and ``(2) the names and addresses of the participating financial institutions involved in such cooperative projects.''. (b) Clerical Amendment.--The table of subtitles for title 31, United States Code, is amended by redesignating the item relating to subtitle VI as subtitle IX and by inserting after the item relating to subtitle V the following new item: ``VI. Cooperation Between Public and Private Sectors........ 7501''.

Economic Revitalization Act of 1994 - Amends Federal law to set forth conditions under which the Secretary of the Treasury may: (1) participate in and guarantee loans made by certain participating financial institutions to specified sound business enterprises ("qualified loans"); and (2) issue securities backed by a pool of qualified loans acquired by the Secretary for such purpose.

Economic Revitalization Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Children in the 21st Century Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN Sec. 101. Internet safety. Sec. 102. Public awareness campaign. Sec. 103. Annual reports. Sec. 104. Online safety and technology working group. Sec. 105. Promoting online safety in schools. Sec. 106. Definitions. TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT Sec. 201. Child pornography prevention; forfeitures related to child pornography violations. TITLE I--PROMOTING A SAFE INTERNET FOR CHILDREN SEC. 101. INTERNET SAFETY. For the purposes of this title, the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors. SEC. 102. PUBLIC AWARENESS CAMPAIGN. The Federal Trade Commission shall carry out a nationwide program to increase public awareness and provide education regarding strategies to promote the safe use of the Internet by children. The program shall utilize existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes-- (1) identifying, promoting, and encouraging best practices for Internet safety; (2) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources; (3) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; and (4) facilitating access to Internet safety education and public awareness efforts the Commission considers appropriate by States, units of local government, schools, police departments, nonprofit organizations, and other appropriate entities. SEC. 103. ANNUAL REPORTS. The Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation not later than March 31 of each year that describes the activities carried out under section 102 by the Commission during the preceding calendar year. SEC. 104. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP. (a) Establishment.--Within 90 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate-- (1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children; (2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 13032 of title 42, United States Code, including amendments made by this Act with respect to the content of such reports and any obstacles to such reporting; (3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and (4) the development of technologies to help parents shield their children from inappropriate material on the Internet. (b) Report.--Within 1 year after the working group is first convened, it shall submit a report to the Assistant Secretary and the Senate Committee on Commerce, Science, and Transportation that-- (1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and (2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies. (c) FACA Not To Apply to Working Group.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group. SEC. 105. PROMOTING ONLINE SAFETY IN SCHOOLS. Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)(b)) is amended-- (1) by striking ``and'' after the semicolon in clause (i); (2) by striking ``minors.'' in clause (ii) and inserting ``minors; and''; and (3) by adding at the end the following: ``(iii) as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.''. SEC. 106. DEFINITIONS. In this title: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor protocols to such protocol, to communicate information of all kinds by wire or radio. TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT SEC. 201. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED TO CHILD PORNOGRAPHY VIOLATIONS. (a) In General.--Section 503(b)(1) of the Communications Act of 1934 (47 U.S.C. 503(b)(1)) is amended-- (1) by striking ``or'' after the semicolon in subparagraph (C); (2) by striking ``or 1464'' in subparagraph (D) and inserting ``1464, or 2252''; (3) by inserting ``or'' after the semicolon in subparagraph (D); and (4) by inserting after subparagraph (D) the following: ``(E) violated any provision of section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032);''. Passed the Senate May 22, 2008. Attest: Secretary. 110th CONGRESS 1st Session S. 1965 _______________________________________________________________________ AN ACT To protect children from cybercrimes, including crimes by online predators, to enhance efforts to identify and eliminate child pornography, and to help parents shield their children from material that is inappropriate for minors.

Protecting Children in the 21st Century Act - Title I: Promoting a Safe Internet for Children - (Sec. 101) Declares that the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors. (Sec. 102) Directs the Federal Trade Commission (FTC) to carry out a nationwide program to increase public awareness and provide education on strategies to promote the safe use of the Internet by children. (Sec. 103) Requires the FTC to submit annual reports (by March 31) to the Senate Committee on Commerce, Science, and Transportation on the activities of its public awareness campaign. (Sec. 104) Directs the Assistant Secretary of Commerce for Communications and Information to establish an Online Safety and Technology working group to review and evaluate: (1) the status of industry efforts to promote online safety for children; (2) the recordkeeping practices of electronic communications and remote computing service providers in connection with crimes against children; and (3) the development of technologies to help parents protect their children from inappropriate material on the Internet. Requires the working group to report to the Assistant Secretary and the Senate Committee on Commerce, Science, and Transportation on its findings. Renders the Federal Advisory Committee Act inapplicable to the working group. (Sec. 105) Amends the Communications Act of 1934 to require elementary and secondary schools with computer access to the Internet to educate minors about appropriate online behavior, including online interaction with other individuals in social networking websites and in chat rooms and cyberbullying awareness and response. Title II: Enhancing Child Pornography Enforcement - Amends the Communications Act of 1934 to impose a forfeiture penalty on Internet service providers who violate requirements of the Victims of Child Abuse Act of 1990 to report online child pornography.

A bill to protect children from cybercrimes, including crimes by online predators, to enhance efforts to identify and eliminate child pornography, and to help parents shield their children from material that is inappropriate for minors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Technology Protection Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Federal Government should prioritize the investigation of terrorist and illicit use of new financial technology, including digital currencies. SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE. (a) Establishment.--There is established the Independent Financial Technology Task Force (the ``Task Force''), which shall consist of-- (1) the Secretary of the Treasury, who shall serve as the head of the Task Force; (2) the Attorney General; (3) the Director of the Central Intelligence Agency; (4) the Director of the Financial Crimes Enforcement Network; (5) the Director of the Secret Service; (6) the Director of the Federal Bureau of Investigation; and (7) 6 individuals appointed by the Secretary of the Treasury to represent the private sector (including the banking industry, nonprofit groups, and think tanks), with at least 1 of such individuals having experience in the Fintech industry. (b) Duties.--The Task Force shall-- (1) conduct independent research on terrorist and illicit use of new financial technologies, including digital currencies; and (2) develop legislative and regulatory proposals to improve counter-terrorist and counter-illicit financing efforts. (c) Annual Congressional Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Task Force shall issue a report to the Congress containing the findings and determinations made by the Task Force in the previous year and any legislative and regulatory proposals developed by the Task Force. SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL CURRENCIES. (a) In General.--The Secretary of the Treasury, in consultation with the Attorney General, shall establish a fund to pay a reward, not to exceed $450,000, to any person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. (b) Use of Fines and Forfeitures.--With respect to fines and forfeitures related to the conviction of an individual involved with terrorist use of digital currencies, the Secretary of the Treasury shall, subject to the availability of appropriations made in advance-- (1) use such amounts to pay rewards under this section related to such conviction; and (2) with respect to any such amounts remaining after payments are made under paragraphs (1) and (2), deposit such amounts in the FinTech Leadership in Innovation Program. SEC. 5. FINTECH LEADERSHIP IN INNOVATION PROGRAM. (a) Establishment.--There is established a program to be known as the ``FinTech Leadership in Innovation Program'', which shall be funded as provided under section 4(b)(2). (b) Innovation Grants.-- (1) In general.--The Secretary of the Treasury shall make grants for the development of tools and programs to detect terrorist and illicit use of digital currencies. (2) Eligible recipients.--The Secretary may make grants under this subsection to entities located in the United States, including academic institutions, companies, nonprofit institutions, individuals, and any other entities locating in the United States that the Secretary determines appropriate. (3) Eligible projects.--With respect to tools and programs described under paragraph (1), in addition to grants for the development of such tools and programs, the Secretary may make grants under this subsection to carry out pilot programs using such tools, the development of test cases using such tools, and research related to such tools. (4) Preferences.--In making grants under this subsection, the Secretary shall give preference to-- (A) technology that is nonproprietary or that is community commons-based; (B) computer code that is developed and released on an open source basis; (C) tools that are proactive (such as meeting regulatory requirements under ``know your customer'' and anti-money laundering requirements for any entity that has to comply with U.S. Government regulations) vs. reactive (such as aiding law enforcement organizations in catching illegal activity after the fact); and (D) tools and incentives that are on decentralized platforms. (5) Other requirements.-- (A) Use of existing global standards.--Any new technology developed with a grant made under this subsection shall be based on existing global standards, such as those developed by the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). (B) Supporting existing laws or regulations.--Tools and programs developed with a grant made under this subsection shall be in support of existing laws or regulations, including the Bank Secrecy Act, and make efforts to balance privacy and anti-money laundering concerns. (C) Open access requirement.--Tools and programs developed with a grant made under this subsection shall be freely accessible and usable by the public. This requirement may be fulfilled by publicly availing application programming interfaces or software development kits. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- (A) section 21 of the Federal Deposit Insurance Act; (B) chapter 2 of title I of Public Law 91-508; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Digital currency.--The term ``digital currency''-- (A) means a digital representation of value that-- (i) is used as a medium of exchange, unit of account, or store of value; and (ii) is not established legal tender, whether or not denominated in established legal tender; and (B) does not include-- (i) a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or digital currency; or (ii) a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform. (3) Terrorist.--The term ``terrorist'' includes a person carrying out domestic terrorism or international terrorism (as such terms are defined, respectively, under section 2331 of title 18, United States Code). Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.

Financial Technology Protection Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. (Sec. 3) The bill establishes the Independent Financial Technology Task Force, which must research terrorist and illicit use of new financial technologies and issue an annual report. (Sec. 4) The bill directs the Department of the Treasury to provide a reward for a person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. (Sec. 5) The bill establishes the FinTech Leadership in Innovation Program to support the development of tools and programs to detect terrorist and illicit use of digital currencies.

Financial Technology Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return of Certain Lands At Fort Wingate to The Original Inhabitants Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In January 1993, the active mission of the Fort Wingate Activity Depot located in McKinley County, New Mexico (in this Act referred to as ``Former Fort Wingate Depot Activity''), ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (2) The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and Navajo Nation, as indicated by the ancestral history and large number of archaeological and cultural sites identified on the lands. (3) The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. (4) On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through the respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Lujan and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. (5) In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled ``Fort Wingate Depot Activity Negotiated Property Divisions July 2013'' prepared by the Army Corps of Engineers (in this Act referred to as the ``Map''), and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. (6) This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT THE ZUNI TRIBE AND NAVAJO NATION. (a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Zuni Tribe as part of the Zuni Reservation, unless the Zuni Tribe otherwise elects under subparagraphs (B) and (C) of subsection (c)(3) to have the parcel conveyed to it in Restricted Fee Status. (b) Immediate Trust on Behalf of the Navajo Nation; Exception.-- Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation otherwise elects under subsection (c)(3) to have the parcel conveyed to it in Restricted Fee Status. (c) Subsequent Transfer and Trust; Restricted Fee Status Alternative.-- (1) Transfer upon completion of remediation.--Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. (2) Notification of transfer.--Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. (3) Trust or restricted fee status.-- (A) Trust.--Except as provided in subparagraph (B), the Secretary of the Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust-- (i) for the Zuni Tribe, in the case of land depicted in blue on the Map; or (ii) for the Navajo Nation, in the case of land depicted in green on the Map. (B) Restricted fee status alternative.--In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. (C) Notification of election.--Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. (D) Conveyance.--As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than 6 months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. (E) Restricted fee status defined.--For purposes of this Act only, the term ``restricted fee status'', with respect to land conveyed under subparagraph (D), means that the land so conveyed-- (i) shall be owned in fee by the Indian tribe to whom the land is conveyed; (ii) shall be part of the Indian tribe's Reservation and expressly made subject to the jurisdiction of the Indian Tribe; (iii) shall not be sold by the Indian tribe without the consent of Congress; (iv) shall not be subject to taxation by any government other than the government of the Indian tribe; and (v) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. (d) Survey and Boundary Requirements.-- (1) In general.--The Secretary of the Interior shall-- (A) provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c); and (B) establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. (2) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. (e) Relation to Certain Regulations.--Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS. (a) Easements for Cleanup and Remediation.--The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. (b) Shared Access.-- (1) Parcel 1 shared cultural and religious access.--In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within 1 year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. (2) Other shared access.--Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. (c) I-40 Frontage Road Entrance.--The access road for the Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 40 and leads to the parcel of the Former Fort Wingate Depot Activity depicted as ``administration area'' on the Map, shall be held in common by the Zuni Tribe and Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. (d) Department of Defense Access to Missile Defense Agency Facility.--Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to easements reasonably required to permit access to the Missile Defense Agency facility as needed by the Department of Defense. SEC. 5. ENVIRONMENTAL REMEDIATION. (a) Responsibility for Cleanup.--Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. (b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (c) Treatment of Claims Against Tribes.-- (1) In general.--The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (2) Notification requirement.--After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. (d) Effect of Environmental Certification.--Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.

Return of Certain Lands At Fort Wingate to The Original Inhabitants Act - Requires all U.S. interest in and to specified lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico (Activity), transferred to the Secretary of the Interior to be held in trust for: (1) the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have the parcel conveyed to it in restricted fee status; and (2) the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have the parcel conveyed to it in restricted fee status. Subjects the lands of the Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to Activity lands for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Requires the access road for the Activity that originates at the frontage road for Interstate 40 and leads to the parcel of the administration area to be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to easements reasonably required to permit access to the Missile Defense Agency facility as needed by the Department of Defense (DOD). Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.

Return of Certain Lands At Fort Wingate to The Original Inhabitants Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aaron's Law Act of 2015''. SEC. 2. CLARIFYING THAT ``ACCESS WITHOUT AUTHORIZATION'' UNDER SECTION 1030 OF TITLE 18, UNITED STATES CODE, MEANS CIRCUMVENTION OF TECHNOLOGICAL BARRIERS IN ORDER TO GAIN UNAUTHORIZED ACCESS. (a) In General.--Section 1030(e)(6) of title 18, United States Code, is amended by-- (1) striking ``exceeds authorized access'' and all that follows; and (2) inserting the following: ```access without authorization' means-- ``(A) to obtain information on a protected computer; ``(B) that the accesser lacks authorization to obtain; and ``(C) by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information;''. (b) Conforming Amendment.--Section 1030 of title 18, United States Code, is amended-- (1) in subsection (d)(10), by striking ``unauthorized access, or exceeding authorized access, to a'' and inserting ``access without authorization of a protected''; and (2) by striking ``exceeds authorized access'' each place it appears. SEC. 3. ELIMINATING REDUNDANCY. (a) Repeal.--Section 1030(a) of title 18, United States Code, is amended-- (1) by striking paragraph (4); and (2) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (b) Conforming Amendments.--Section 1030 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (2), by striking ``(a)(6)'' each place it appears and inserting ``(a)(5)''; (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``subsection (a)(4) or (a)(7)'' and inserting ``subsection (a)(6)''; and (ii) in subparagraph (B), by striking ``subsection (a)(4), or (a)(7)'' and inserting ``subsection (a)(6)''; and (C) in paragraph (4)-- (i) in subparagraph (A)(i), in the matter preceding clause (i), by striking ``subsection (a)(5)(B)'' and inserting ``subsection (a)(4)(B)''; (ii) in subparagraph (B)(i), by striking ``subsection (a)(5)(A)'' and inserting ``subsection (a)(4)(A)''; (iii) in subparagraph (C)(i), by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''; (iv) in subparagraph (D)(i), by striking ``subsection (a)(5)(C)'' and inserting ``subsection (a)(4)(C)''; (v) in subparagraph (E), by striking ``subsection (a)(5)(A)'' and inserting ``subsection (a)(4)(A)''; (vi) in subparagraph (F), by striking ``subsection (a)(5)(A)'' and inserting ``subsection (a)(4)(A)''; and (vii) in subparagraph (G)(i), by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''; and (2) in subsection (h), by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. SEC. 4. MAKING PENALTIES PROPORTIONAL TO CRIMES. (a) Section 1030(c)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``conviction for another'' and inserting ``subsequent''; and (B) by inserting ``such'' after ``attempt to commit''; (2) in subparagraph (B)(i), by inserting after ``financial gain'' the following: ``and the fair market value of the information obtained exceeds $5,000''; (3) in subparagraph (B)(ii), by striking ``the offense was committed'' and all that follows through the semicolon, and inserting the following: ``the offense was committed in furtherance of any criminal act in violation of the Constitution or laws of the United States or of any State punishable by a term of imprisonment greater than one year, unless such criminal acts are prohibited by this section or such State violation would be based solely on accessing information without authorization;''; (4) in subparagraph (B)(iii), by inserting ``fair market'' before ``value''; and (5) in subparagraph (C)-- (A) by striking ``conviction for another'' and inserting ``subsequent''; and (B) by inserting ``such'' after ``attempt to commit''.

Aaron's Law Act of 2015 Amends provisions of the Computer Fraud and Abuse Act (CFAA) prohibiting computer fraud to replace the phrase "exceeds authorized access" with "access without authorization," which is defined as obtaining information on a protected computer that the accesser lacks authorization to obtain by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information. Modifies CFAA penalty provisions to: (1) limit the imposition of enhanced penalties to subsequent offenses under such Act (currently, additional penalties are allowed if there is a conviction for another offense) and to criminal acts punishable under federal or state law by a term of imprisonment for more than one year; and (2) require the determination of the value of information for enhanced penalty purposes to be made by reference to fair market value.

Aaron's Law Act of 2015

TITLE I--MINOR BOUNDARY REVISIONS Section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9(c)) is amended-- (1) in the first sentence by striking ``Committee on Interior and Insular Affairs'' and inserting ``Committee on Resources''; and (2) by striking ``area: Provided, however,'' and all that follows through ``1965;'' and inserting the following: ``area, except that, in all cases except the case of technical boundary revisions (resulting from such causes as survey error or changed road alignments), the authority of the Secretary under this clause (i) shall apply only if each of the following conditions is met-- (I) the sum of the total acreage of lands, waters, and interests therein to be added to the area and the total such acreage to be deleted from the area is not more than 5 percent of the total Federal acreage authorized to be included in the area and is less than 200 acres in size; (II) the acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary; (III) the sum of the total appraised value of the lands, waters, and interest therein to be added to the area and the total appraised value of the lands, waters, and interests therein to be deleted from the area does not exceed $500,000; (IV) the proposed boundary revision is not an element of a more comprehensive boundary modification proposal; and (V) the Director of the National Park Service obtains written support for the boundary modification from all property owners whose lands, water, or interests therein, or a portion of whose lands, water, or interests therein, will be added to or deleted from the area by the boundary modification: Provided, however, that minor boundary revisions involving only deletions of acreage from an area of the national parks system may be made only by Act of Congress. TITLE II--AUTHORIZATION FOR CERTAIN PARK FACILITIES TO BE LOCATED OUTSIDE OF UNITS OF THE NATIONAL PARK SYSTEM Section 4 of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'' approved August 18, 1970 (16 U.S.C. 1a-1 et seq.), is amended to read as follows: ``Sec. 4. (a) In order to facilitate the administration of the national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to establish essential facilities for park administration, visitor use, and park employee residential housing outside the boundaries, but within the vicinity, of units of the national park system for purposes of assuring conservation, visitor use, and proper management of such units. Such facilities and the use thereof shall be in conformity with approved plans for the unit concerned. Such facilities may only be developed by the Secretary upon finding that location of such facilities would-- ``(1) avoid undue degradation of the primary natural or cultural resources within the unit; ``(2) enhance service to the public; or ``(3) provide a cost saving to the Federal Government. ``(b) For the purpose of establishing facilities under subsection (a): ``(1) The Secretary may enter into agreements permitting the Secretary to use such Federal lands as the head of a Federal agency having primary authority over the administration of such land and the Secretary determine is suitable for such use. ``(2) The Secretary, under such terms and conditions as the Secretary determines are reasonable, may lease or acquire (from willing sellers only) by purchase or donation, real property (other than Federal land), for purposes as specified in this section. ``(3) For real property acquired pursuant to paragraph (2), the Secretary shall establish written guidelines setting forth criteria to be used in determining whether the acquisition would-- ``(A) reflect unfavorably upon the ability of the Department or any employee to carry out its responsibilities or official duties in a fair and objective manner; or ``(B) would compromise the integrity or the appearance of the integrity of the Department's programs or any official involved in those programs. ``(4) The Secretary may construct, operate, and maintain such permanent and temporary buildings and facilities as the Secretary deems appropriate on land which is in the vicinity of any unit of the national park system for which the Secretary has acquired authority under this section, except that the Secretary may not begin construction, operation, or maintenance of buildings or facilities on land not owned by the United States until the owner of such lands has entered into a binding agreement with the Secretary, the terms of which assure the continued use of such buildings and facilities for a period of time commensurate with the level of Federal investment.''.

TABLE OF CONTENTS: Title I: Minor Boundary Revisions Title II: Authorization for Certain Park Facilities to be Located Outside of Units of the National Park System Title I: Minor Boundary Revisions - Amends the Land and Water Conservation Fund Act of 1965 to allow the Secretary of the Interior to modify national park borders only if: (1) the total acreage of lands to be added and deleted will not exceed five percent of the total Federal acreage authorized in the area; (2) the acquisition will not significantly affect the quality of the human environment; (3) the value of the lands added and deleted will not exceed $500,000; (4) the proposed revision is not part of a more comprehensive modification proposal; and (5) the Director of the National Park Service obtains written support for the boundary modifications from all affected property owners. Provides that minor boundary revisions which only delete acreage from the national parks system may only be authorized by an Act of Congress. Title II: Authorization for Certain Park Facilities to be Located Outside of Units of the National Park System - Authorizes the Secretary of the Interior to establish essential facilities for park administration, visitor use, and park employee residential housing outside the boundaries, but within the vicinity, of national park system units. Allows the Secretary to lease or acquire land to develop essential facilities. Authorizes the Secretary to construct, operate, and maintain permanent and temporary buildings on land within the vicinity of the national park system after the Secretary has entered into a binding agreement with the owner of such land.

To facilitate improved management of National Park Service Lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCORE for Small Business Act of 2014''. SEC. 2. SCORE REAUTHORIZATION. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: ``(g) SCORE Program.--There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed-- ``(1) $9,100,000 in fiscal year 2015; ``(2) $10,500,000 in fiscal year 2016; and ``(3) $10,500,000 in fiscal year 2017.''. SEC. 3. SCORE PROGRAM. Section 8 of the Small Business Act (15 U.S.C. 637) is amended-- (1) in subsection (b)(1)(B), by striking ``a Service Corps of Retired Executives (SCORE)'' and inserting ``the SCORE program described in subsection (c)''; and (2) by striking subsection (c) and inserting the following: ``(c) SCORE Program.-- ``(1) Definition.--In this subsection, the term `SCORE program' means the SCORE program authorized by subsection (b)(1)(B). ``(2) Volunteers.--A volunteer participating in the SCORE program shall-- ``(A) based on the business experience and knowledge of the volunteer-- ``(i) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and ``(ii) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and ``(B) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. ``(3) Plans and goals.--The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web- based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. ``(4) Annual report.--The SCORE Association shall submit to the Administrator an annual report that contains-- ``(A) the number of individuals counseled or trained under the SCORE program; ``(B) the number of hours of counseling provided under the SCORE program; and ``(C) to the extent possible-- ``(i) the number of small business concerns formed with assistance from the SCORE program; ``(ii) the number of small business concerns expanded with assistance from the SCORE program; and ``(iii) the number of jobs created with assistance from the SCORE program. ``(5) Privacy requirements.-- ``(A) In general.--Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless-- ``(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. ``(B) Administrator use of information.--This paragraph shall not-- ``(i) restrict the access of the Administrator to program activity data; or ``(ii) prevent the Administrator from using client information to conduct client surveys. ``(C) Regulations.-- ``(i) In general.--The Administrator shall issue regulations to establish standards for-- ``(I) disclosures with respect to financial audits under subparagraph (A)(II); and ``(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. ``(ii) Maximum privacy protection.--The regulations issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. ``(iii) Inspector general.--Until the effective date of the regulations issued under this subparagraph, any client survey and the use of any client information shall be approved by the Inspector General of the Administration, who shall include any such approval in the semi-annual report of the Inspector General.''. SEC. 4. REPEAL OF AUTHORITY FOR THE PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS. (a) Repeal.--Subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901 et seq.) is repealed. (b) Rule of Construction.--Nothing in this section shall affect any grant or assistance provided under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901 et seq.) before the date of enactment of this Act, and any such grant or assistance shall be subject to such subtitle C, as in effect on the day before the date of enactment of this Act. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (2) in section 22 (15 U.S.C. 649)-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (ii) in paragraph (3), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; (B) in subsection (c)(12), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (b) Other Laws.-- (1) Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended-- (A) in subsection (a), by striking paragraph (4) and inserting the following: ``(4) the term `SCORE program' means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));''; and (B) in subsection (b)(4)(A)(iv), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (2) Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking ``Service Corps of Retired Executives (SCORE)'' and inserting ``SCORE program''.

SCORE for Small Business Act of 2014 - Amends the Small Business Act, with respect to the SCORE program (Service Corps of Retired Executives), to: (1) reauthorize such program for FY2015-FY2017; (2) modify requirements of such program with respect to the role of participating volunteers, program plans and goals, and reporting; and (3) outline privacy requirements pertaining to the disclosure of information of businesses assisted under such program. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to repeal the program of assistance to microenterprises (i.e., businesses that have fewer than five employees and generally lack access to conventional loans, equity, or other banking services).

SCORE for Small Business Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make It In America Manufacturing Communities Act''. SEC. 2. DEFINITIONS. In this Act: (1) Manufacturing community support program.--The term ``Manufacturing Community Support Program'' means the program established under section 3(a). (2) Participating agency.--The term ``participating agency'' means a Federal agency that elects to participate in the Manufacturing Community Support Program. (3) Participating program.--The term ``participating program'' means a program identified by a participating agency under section 3(c)(1)(C). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 3. PROGRAM TO DESIGNATE AND SUPPORT MANUFACTURING COMMUNITIES. (a) Program Authorized.--The Secretary shall establish a program to improve the competitiveness of United States manufacturing-- (1) by designating consortiums as manufacturing communities under subsection (b); and (2) by supporting manufacturing communities, as so designated, under subsection (c). (b) Designation of Manufacturing Communities.-- (1) In general.--Except as provided in paragraph (7), for purposes of the Manufacturing Community Support Program, the Secretary shall designate eligible consortiums as manufacturing communities through a competitive process. (2) Eligible consortiums.-- (A) In general.--An eligible consortium is a consortium that-- (i) represents a region defined by the consortium in accordance with subparagraph (B); (ii) includes at least one-- (I) institution of higher education; (II) a private sector entity; and (III) a government entity; (iii) may include one or more-- (I) private sector partners; (II) institutions of higher education; (III) government entities; (IV) economic development and other community and labor groups; (V) financial institutions; or (VI) utilities; (iv) has, as a lead applicant-- (I) a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation); (II) an Indian tribe (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b)) or a consortium of Indian tribes; (III) a State or a political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (IV) an institution of higher education or a consortium of institutions of higher education; or (V) a public or private nonprofit organization or association that has an application that is supported by a State, a political subdivision of a State, or a native community. (B) Regions.--Subject to approval by the Secretary, a consortium may define the region that it represents if the region-- (i) is large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium; and (ii) is small enough to enable close collaboration among members of the consortium. (3) Duration.--Each designation under paragraph (1) shall be for a period of two years. (4) Renewal.-- (A) In general.--Upon receipt of an application submitted under subparagraph (B), the Secretary may renew a designation made under paragraph (1) for up to two additional two-year periods. Any designation as a manufacturing community or renewal of such designation that is in effect before the date of the enactment of this Act shall count toward the limit set forth in this subparagraph. (B) Application for renewal.--An eligible consortium seeking a renewal under subparagraph (A) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (C) Modifications authorized.--The Secretary may renew a designation under subparagraph (A) for an eligible consortium that-- (i) has changed its composition, either by adding or removing members; or (ii) as part of its application under subparagraph (B), submits a revision to the plan submitted under paragraph (5)(B)(iv) or the strategy submitted under paragraph (5)(B)(v). (D) Evaluation for renewal.--In determining whether to renew a designation of an eligible consortium under paragraph (1), the Secretary shall assess the eligible consortium based upon-- (i) the performance of the consortium against the terms of the consortium's most recent designation under paragraph (1) and any post-designation awards the consortium may have received; (ii) the progress the consortium has made with respect to project-specific metrics the consortium proposed in the consortium's application for the most recent designation under paragraph (1), particularly with respect to those metrics that were designed to help communities track their own progress; (iii) whether any changes to the composition of the eligible consortium or revisions to the plan or strategy described in subparagraph (C)(ii) would improve the competitiveness of United States manufacturing; and (iv) such other criteria as the Secretary considers appropriate. (5) Application for designation.-- (A) In general.--An eligible consortium seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (B) Contents.--Each application submitted to the Secretary under subparagraph (A) include-- (i) a description of the regional boundaries of the consortium; (ii) a description of the manufacturing concentration of the consortium, including an assessment of how the manufacturing concentration of the consortium competitively ranks nationally according to measures relating to employment, sales, location quotients for an industry's level of concentration, or such other measures as the Secretary considers appropriate; (iii) an integrated assessment of the local industrial ecosystem of the region of the consortium, which may include assessment of workforce and training, such as that involving women and underrepresented minorities, supplier network, research and innovation, infrastructure or site development, trade and international investment, operational improvements, and capital access components needed for manufacturing activities in such region; (iv) an evidence-based plan for developing components of such ecosystem (selected by the consortium)-- (I) by making specific investments to address gaps in such ecosystem; and (II) by making the manufacturing of the region of the consortium uniquely competitive; (v) a description of the investments the consortium proposes and the implementation strategy the consortium intends to use to address gaps in such ecosystem; (vi) a description of the outcome-based metrics, benchmarks, and milestones that the consortium will track and the evaluation methods the consortium will use while designated as a manufacturing community to gauge performance of the strategy of the consortium to improve the manufacturing in the region of the consortium; and (vii) such other matters as the Secretary considers appropriate. (6) Evaluation of applications.--The Secretary shall evaluate each application received under paragraph (5) to determine-- (A) whether the applicant demonstrates a significant level of regional cooperation in their proposal; and (B) how the manufacturing concentration of the applicant competitively ranks nationally according to measures described in paragraph (5)(B)(ii). (7) Certain communities previously recognized.--Each consortium that was designated as a manufacturing community by the Secretary in carrying out the Investing in Manufacturing Communities Partnership initiative of the Department of Commerce before the date of the enactment of this Act shall be deemed a manufacturing community designated under this subsection if such consortium is still designated as a manufacturing community by the Secretary as part of such initiative. (c) Support for Designated Manufacturing Communities.-- (1) Preferential consideration.-- (A) In general.--Except as provided in subparagraph (D), if a member of a consortium designated as a manufacturing community under subsection (b) seeks financial or technical assistance under a participating program of a participating agency, the head of such agency may give preferential consideration to such member with respect to the awarding of such financial or technical assistance if-- (i) such head considers the award of the financial or technical assistance consistent with the economic development strategy of the consortium; and (ii) the member otherwise meets all applicable requirements for the financial or technical assistance. (B) Participating agencies.--The Secretary shall invite other Federal agencies to become participating agencies of the Manufacturing Community Support Program. (C) Participating programs.--The head of each participating agency shall identify all programs administered by such participating agency that are applicable to the Manufacturing Community Support Program. (D) Multiple members of the same consortium seeking the same financial or technical assistance.-- (i) In general.--If a participating agency receives applications for the same financial or technical assistance from more than one member of the same consortium designated as a manufacturing community under subsection (b), the head of such agency may determine how preference will be given under subparagraph (A), including by requiring the consortium to select which of the members should be given preference. (ii) Coordination.--If the head of a participating agency determines that more than one member of a consortium should be given preference for financial or technical assistance under subparagraph (A), he or she may require such members to demonstrate coordination with each other in developing their applications for the financial or technical assistance. (E) Report.--Not later than 90 days after the date of the enactment of this Act, the head of each participating agency shall submit a report to the Secretary that specifies how the head will give preferential consideration under subparagraph (A). (2) Technical assistance.--The Secretary may make a Federal point of contact available to each consortium designated as a manufacturing community under subsection (b) to help the members of the consortium access Federal funds and technical assistance. (3) Financial and technical assistance.-- (A) In general.--Under the Manufacturing Community Support Program, the head of a participating agency may award financial or technical assistance to a member of a consortium designated as a manufacturing community under subsection (b) as he or she considers appropriate for purposes of such program and consistent with the economic development strategy of the consortium. (B) Use of funds.-- (i) In general.--A recipient of financial or technical assistance under subparagraph (A) may use such financial or technical assistance to support an investment in an ecosystem that will improve the competitiveness of United States manufacturing. (ii) Investments supported.--Investments supported under this subparagraph may include-- (I) infrastructure; (II) access to capital; (III) promotion of exports and foreign direct investment; (IV) equipment or facility upgrades; (V) workforce training, retraining, or recruitment and retention, including that of women and underrepresented minorities; (VI) energy or process efficiency; (VII) business incubators; (VIII) site preparation; (IX) advanced research; (X) supply chain development; and (XI) small business assistance. (4) Coordination.-- (A) Coordination by secretary of commerce.--The Secretary shall coordinate with the heads of the participating agencies to identify programs under paragraph (1)(C). (B) Inter-agency coordination.--The heads of the participating agencies shall coordinate with each other-- (i) to leverage complementary activities, including from non-Federal sources, such as philanthropies; and (ii) to avoid duplication of efforts. (d) Receipt of Transferred Funds.--The Secretary may accept amounts transferred to the Secretary from the head of another participating agency to carry out this section.

Make It In America Manufacturing Communities Act This bill requires the Department of Commerce to establish a Manufacturing Community Support Program to improve the competitiveness of U.S. manufacturing by: (1) designating consortiums as manufacturing communities, and (2) authorizing federal agencies electing to participate in the program to provide such communities preferential consideration in awarding financial and technical assistance. A consortium, to be eligible for such designation and assistance, must: represent a region that is large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium and small enough to enable close collaboration among the consortium's members; include at least one institution of higher education, a private sector entity, and a government entity; and have a lead applicant that is a district organization, an Indian tribe, a state or political subdivision of a state, an institution of higher education, a nonprofit organization or association with an application supported by a state, a political subdivision of a state, or a native community. Commerce shall make such designations for a two-year period, and may renew a designation for additional two-year periods, based on specified criteria. Recipients may use such financial or technical assistance to support investments in ecosystems that will improve the competitiveness of U.S. manufacturing, including infrastructure, access to capital, promotion of exports and foreign direct investment, equipment upgrades, workforce training and recruitment, energy or process efficiency, business incubators, site preparation, advanced research, supply chain development, and small business assistance.

Make It In America Manufacturing Communities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Injury Compensation Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United States goods and services compete in global markets and it is necessary for trade agreements to promote such competition. (2) The current dispute resolution mechanism of the World Trade Organization is designed to resolve disputes in a manner that brings stability and predictability to world trade. (3) When foreign countries refuse to comply with a panel or Appellate Body report of the World Trade Organization and violate any of the Uruguay Round Agreements, it has a deleterious effect on the United States economy. (4) A WTO member can retaliate against a country that refuses to implement a panel or Appellate Body report by imposing additional duties of up to 100 percent on goods imported from the noncomplying country. (5) In cases where additional duties are imposed on imported goods, the duties should be used to provide relief to the industry that is injured by the noncompliance. SEC. 3. DEFINITIONS. In this Act: (1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term by section 102 (1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)). (2) Injured agricultural commodity producer.--The term ``injured agricultural commodity producer'' means a domestic producer of an agricultural commodity with respect to which a dispute resolution proceeding has been brought before the World Trade Organization, if the dispute resolution is resolved in favor of the agricultural commodity producer, and the foreign country against which the proceeding has been brought has failed to comply with the report of the panel or Appellate Body of the WTO. (3) Injured producer.--The term ``injured producer'' means a domestic producer of a product (other than an agricultural product) with respect to which a dispute resolution proceeding has been brought before the World Trade Organization, if the dispute resolution is resolved in favor of the producer, and the foreign country against which the proceeding has been brought has failed to comply with the report of the panel or Appellate Body of the WTO. (4) Retaliation list.--The term ``retaliation list'' means the list of products of a foreign country that has failed to comply with the report of the panel or Appellate Body of the WTO and with respect to which the United States Trade Representative is imposing duties above the level that would otherwise be imposed under the Harmonized Tariff Schedule of the United States. (5) Uruguay round agreements.--The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)). (6) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (7) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. (8) WTO and wto member.--The terms ``WTO'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). SEC. 4. TRADE INJURY COMPENSATION TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Trade Injury Compensation Trust Fund'' (referred to in this Act as the ``Fund'') consisting of such amounts as may be appropriated to the Fund under subsection (b) and any amounts credited to the Fund under subsection (c)(2). (b) Transfer of Amounts Equivalent to Certain Duties.-- (1) In general.--There are hereby appropriated and transferred to the Fund an amount equal to the amount received in the Treasury as a result of the imposition of additional duties imposed on the products on a retaliation list. (2) Transfers based on estimates.--The amounts required to be transferred under paragraph (1) shall be transferred at least quarterly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (c) Investment of Trust Fund.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (2) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Distributions From Fund.--Amounts in the Fund shall be available as provided in appropriations Acts, for making distributions in accordance with subsections (e) and (f). (e) Criteria for Determining Injured Producers and Amount To Be Paid.--Not later than 30 days after the implementation of a retaliation list, the Secretary of the Treasury, in consultation with the Secretaries of Agriculture and Commerce, shall promulgate such regulations as may be necessary to carry out the provisions of this Act. The regulations shall include the following: (1) Procedures for identifying injured producers and injured producers of agricultural commodities. (2) Standards for determining the eligibility of injured producers and injured producers of agricultural commodities to participate in the distribution of any money from the Fund. (3) Procedures for determining the amount of the distribution each injured producer and injured producers of agricultural commodities should be paid. (4) Procedures for establishing separate accounts for duties collected with respect to each retaliation list and for making distributions to the group of injured producers and injured producers of agricultural commodities with respect to each such retaliation list. (f) Distribution to Injured Producers.-- (1) Distribution to agricultural producers.--The Secretary of the Treasury shall transfer to the Secretary of Agriculture such sums as may be transferred or credited to the Fund as the result of items on a retaliation list because of injury to producers of agricultural commodities. The Secretary of Agriculture shall distribute to each injured producer of an agricultural commodity that the Secretary determines is eligible a portion of the amount so transferred. The distribution shall be made in accordance with the subsection (e) and shall be used by the producers for the promotion and development of products of the injured producers. (2) Distribution to other injured producers.--The Secretary of the Treasury shall transfer to the Secretary of Commerce such sums as may be transferred or credited to the Fund as the result of items on a retaliation list because of injury to producers (other than producers of agricultural commodities). The Secretary of Commerce shall distribute to each injured producer (other than a producer described in paragraph (1)) that the Secretary determines is eligible a portion of the amount so transferred. The distribution shall be made in accordance with subsection (e) and in accordance with the procedures applicable to the provision of assistance under chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.). (g) Report to Congress.--The Secretary of the Treasury shall, after consultation with the Secretaries of Agriculture and Commerce, submit a report to the Congress each year on-- (1) the financial condition and the results of the operations of the Fund during the preceding fiscal year; and (2) the expected condition and operations of the Fund during the fiscal year following the fiscal year that is the subject of the report. SEC. 5. PROHIBITION ON REDUCING SERVICES OR FUNDS. No payment made to an injured producer or an injured agricultural commodity producer under this Act shall result in the reduction or denial of any service or assistance with respect to which the injured producer or injured agricultural commodity producer would otherwise be entitled.

Trade Injury Compensation Act of 1999 - Establishes in the Treasury a Trade Injury Compensation Trust Fund consisting of proceeds from additional duties on products on a retaliation list. Directs the Secretary of the Treasury to invest Fund amounts in interest-bearing U.S. obligations. Directs: (1) the Secretary of the Treasury to transfer to the Secretary of Agriculture Fund amounts resulting from items on a retaliation list because of injury to producers of agricultural commodities; and (2) the Secretary of Agriculture to distribute a portion of such amounts to each injured producer of an agricultural commodity for promotion and development of their products. Provides for the distribution of Fund amounts to nonagricultural producers who have been similarly injured. Prohibits a payment made to an injured producer or an injured agricultural commodity producer from resulting in the reduction or denial of any service or assistance with respect to which such producers would otherwise be entitled.

Trade Injury Compensation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Financial Empowerment Act of 2010''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The proportion of the population of the United States age 60 years or older will drastically increase in the next 30 years as more than 76,000,000 Baby Boomers approach retirement and old age. (2) Each year, anywhere between 500,000 and 5,000,000 seniors in the United States are abused, neglected, or exploited. (3) Senior abuse, neglect, and exploitation have no boundaries, and cross all racial, social class, gender, and geographic lines. (4) Millions of individuals in the United States are victims of financial exploitation, including mail, telemarketing, and Internet fraud, each year. Many of those who fall prey to these crimes are seniors. (5) It is difficult to estimate the prevalence of fraud targeting seniors because cases are severely underreported and national statistics on senior fraud do not exist. (6) The Federal Bureau of Investigation notes that senior Americans are less likely to report fraud because they do not know to whom to report, they are ashamed to have been a victim of fraud, or they do not know that they have been a victim of fraud. In some cases, a senior victim of fraud may not report the crime because he or she is concerned that relatives may come to the conclusion that the victim no longer has the mental capacity to take care of his or her own financial affairs. (7) According to a 2009 report by the MetLife Mature Market Institute, the annual financial loss by victims of senior financial abuse is estimated to be at least $2,600,000,000. (8) Perpetrators of mail, telemarketing, and Internet fraud frequently target seniors because seniors are often vulnerable and trusting people. (9) As victims of such fraudulent schemes, many seniors have been robbed of their hard-earned life savings and frequently pay an emotional cost, losing not only their money, but also their self-respect and dignity. (10) Perpetrators of fraud targeting seniors often operate outside the United States, reaching their victims through the mail, telephone lines, and the Internet. (11) The Deceptive Mail Prevention and Enforcement Act increased the power of the United States Postal Service to protect consumers against persons who use deceptive mailings, such as those featuring games of chance, sweepstakes, skill contests, and facsimile checks. (12) During fiscal year 2007, analysts prepared more than 27,000 letters and informative postcards in response to mail fraud complaints. During that same year, postal inspectors investigated 2,909 mail fraud cases in the United States, and arrested 1,236 mail fraud suspects, of whom 1,118 were convicted. Postal inspectors also reported 162 telemarketing fraud investigations, with 83 arrests and 61 convictions resulting from such investigations. (13) In 2000, the United States Senate Special Committee on Aging reported that, each year, consumers lose approximately $40,000,000,000 to telemarketing fraud, and estimated that approximately 10 percent of the Nation's 14,000 telemarketing firms were fraudulent. Some researchers estimate that only one in 10,000 fraud victims reports the crime to the authorities. (14) A 2003 report by AARP found that the crime of telemarketing fraud is grossly underreported among senior victims, but that those who are properly counseled by trained peer volunteers are less likely to fall victim to fraudulent practices. (15) The Federal Bureau of Investigation reports that the threat of fraud to seniors is growing and changing. Many younger Baby Boomers have considerable computer skills, and criminals are modifying their targeting techniques by using not only traditional telephone calls and mass mailings, but also online scams like phishing and e-mail spamming. (16) The IC3 is a partnership between the National White Collar Crime Center and the Federal Bureau of Investigation that serves as a vehicle to receive, develop, and refer criminal complaints regarding cybercrime. The IC3 processed more than 219,553 complaints of Internet crime in 2007. From these submissions, the IC3 referred 90,008 complaints of Internet crime, representing a total dollar loss of $239,090,000, to Federal, State, and local law enforcement agencies in the United States for further consideration. (17) Consumer awareness is the best protection from fraud. SEC. 3. CENTRALIZED SERVICE FOR CONSUMER EDUCATION ON MAIL, TELEMARKETING, AND INTERNET FRAUD TARGETING SENIORS. (a) Centralized Service.-- (1) Requirement.--The Federal Trade Commission shall, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service-- (A) disseminate to seniors and families and caregivers of seniors general information on mail, telemarketing, and Internet fraud targeting seniors, including descriptions of the most common fraud schemes; (B) disseminate to seniors and families and caregivers of seniors information on means of referring complaints of fraud targeting seniors to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation, the attorneys general of the States, and a national toll-free telephone number for reporting mail, telemarketing, and Internet fraud established by the Federal Trade Commission; (C) in response to a specific request about a particular entity or individual, provide publically available information on any record of civil or criminal law enforcement action for mail, telemarketing, or Internet fraud against such entity; and (D) maintain a Web site to serve as a resource for information for seniors and families and caregivers of seniors regarding mail, telemarketing, and Internet fraud targeting seniors. (2) Commencement.--The Federal Trade Commission shall establish and implement procedures to carry out the requirements of paragraph (1) not later than one year after the date of the enactment of this Act. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2011 through 2015. SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD. (a) Grant Program Authorized.--Subject to the availability of funds authorized to be appropriated under this section, the Attorney General, after consultation with the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service, shall establish and administer a competitive grant program to award grants to eligible organizations to carry out mail, telemarketing, and Internet fraud prevention education programs for seniors. (b) Eligible Organizations.--The Attorney General may award grants under this section to State Attorneys General, State and local law enforcement agencies and groups, senior centers, and other local nonprofit organizations that provide assistance to seniors, as determined by the Attorney General. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2011 through 2015. SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD AWARENESS WEEK. It is the sense of the Congress that-- (1) there is a need to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud has on senior citizens in the United States; (2) a week in the month of May should be designated as ``National Senior Fraud Awareness Week''; (3) the people of the United States should observe National Senior Fraud Awareness Week with appropriate educational activities; and (4) the President is encouraged to issue a proclamation supporting increased public awareness of the impact of, and the need to prevent, fraud committed against seniors.

Senior Financial Empowerment Act of 2010 - Requires the Federal Trade Commission (FTC): (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies; (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud; and (3) to maintain a website as a resource for such individuals on those kinds of fraud. Directs the Attorney General to establish and administer a competitive grant program for mail, telemarketing, and Internet fraud prevention education programs for senior citizens. Expresses the sense of Congress with respect to public awareness of the impact of such fraud on senior citizens.

A bill to prevent mail, telemarketing, and Internet fraud targeting seniors in the United States, to promote efforts to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud have on seniors, to educate the public, seniors, their families, and their caregivers about how to identify and combat fraudulent activity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Spectrum Enhancement Act''. SEC. 2. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE REALLOCATION OF SPECTRUM FOR COMMERCIAL PURPOSES. Subsection (g) of section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended to read as follows: ``(g) Relocation of Eligible Federal Entities for the Reallocation of Spectrum for Commercial Purposes.-- ``(1) Eligible federal entities.--Any Federal entity that operates a Federal Government station assigned to a band of frequencies specified in paragraph (2) and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use is eligible for payment for such costs from the Spectrum Relocation Fund, in accordance with section 118 of this Act. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a), are eligible to receive payment under this paragraph. ``(2) Eligible frequencies.--The bands of eligible frequencies for purposes of this section are as follows: ``(A) the 216-220 megahertz band, 1432-1435 megahertz band, 1710-1755 megahertz band, and 2385-2390 megahertz band of frequencies; and ``(B) any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2002. ``(3) Definition of relocation costs.--For purposes of this subsection, the term `relocation costs' means the costs incurred by a Federal entity to achieve comparable capability of systems, regardless of whether that capability is achieved by relocating to a new frequency assignment or by utilizing an alternative technology. Such costs include-- ``(A) the costs of any modification or replacement of equipment, software, facilities, operating manuals, training costs, or regulations that are attributable to relocation; ``(B) the costs of all engineering, equipment, software, site acquisition and construction costs, as well as any legitimate and prudent transaction expense, including outside consultants, and reasonable additional costs incurred by the Federal entity that are attributable to relocation, including increased recurring costs associated with the replacement facilities; ``(C) the costs of engineering studies, economic analyses, or other expenses reasonably incurred in calculating the estimated relocation costs that are provided to the Commission pursuant to paragraph (4) of this subsection; ``(D) the one-time costs of any modification of equipment reasonably necessary to accommodate commercial use of such frequencies prior to the termination of the Federal entity's primary allocation or protected status, when the eligible frequencies as defined in paragraph (2) of this subsection are made available for private sector uses by competitive bidding and a Federal entity retains primary allocation or protected status in those frequencies for a period of time after the completion of the competitive bidding process; and ``(E) the costs associated with the accelerated replacement of systems and equipment if such acceleration is necessary to ensure the timely relocation of systems to a new frequency assignment.''. ``(4) Notice to commission of estimated relocation costs.-- ``(A) The Commission shall notify the NTIA at least 9 months prior to the commencement of any auction of eligible frequencies defined in paragraph (2). At least 6 months prior to the commencement of any such auction, the NTIA, on behalf of the Federal entities and after review by the Office of Management and Budget, shall notify the Commission of estimated relocation costs and timelines for such relocation. ``(B) Upon timely request of a Federal entity, the NTIA shall provide such entity with information regarding an alternative frequency assignment or assignments to which their radiocommunications operations could be relocated for purposes of calculating the estimated relocation costs and timelines to be submitted to the Commission pursuant to subparagraph (A). ``(C) To the extent practicable and consistent with national security considerations, the NTIA shall provide the information required by subparagraphs (A) and (B) by the geographic location of the Federal entities' facilities or systems and the frequency bands used by such facilities or systems. ``(5) Implementation of procedures.--The NTIA shall take such actions as necessary to ensure the timely relocation of Federal entities' spectrum-related operations from frequencies defined in paragraph (2) to frequencies or facilities of comparable capability. Upon a finding by the NTIA that a Federal entity has achieved comparable capability of systems by relocating to a new frequency assignment or by utilizing an alternative technology, the NTIA shall terminate the entity's authorization and notify the Commission that the entity's relocation has been completed. The NTIA shall also terminate such entity's authorization if the NTIA determines that the entity has unreasonably failed to comply with the timeline for relocation submitted by the Director of the Office of Management and Budget under section 118(d)(2)(B).''. SEC. 3. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PROCEEDS. (a) Auction Design.--Section 309(j)(3) of the Communications Act of 1934 (47 U.S.C. 309(j)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)), the recovery of 110 percent of estimated relocation costs as provided to the Commission pursuant to section 113(g)(4) of such Act.''. (b) Special Auction Provisions for Eligible Frequencies.--Section 309(j) of such Act is further amended by adding at the end the following new paragraph: ``(15) Special auction provisions for eligible frequencies.-- ``(A) Special regulations.--The Commission shall revise the regulations prescribed under paragraph (4)(F) of this subsection to prescribe methods by which the total cash proceeds from any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall at least equal 110 percent of the total estimated relocation costs provided to the Commission pursuant to section 113(g)(4) of such Act. ``(B) Conclusion of auctions contingent on minimum proceeds.--The Commission shall not conclude any auction of eligible frequencies described in section 113(g)(2) of such Act if the total cash proceeds attributable to such spectrum are less than 110 percent of the total estimated relocation costs provided to the Commission pursuant to section 113(g)(4) of such Act. If the Commission is unable to conclude an auction for the foregoing reason, the Commission shall cancel the auction, return within 45 days from the auction cancellation date any deposits from participating bidders held in escrow, and absolve such bidders from any obligation to bid in any subsequent reauction of such spectrum. ``(C) Authority to issue prior to deauthorization.--In any auction conducted under the regulations required by subparagraph (A), the Commission may grant a license assigned for the use of eligible frequencies prior to the termination of an eligible Federal entity's authorization. However, the Commission shall condition such license by requiring that the licensee cannot cause harmful interference to such Federal entity until such entity's authorization has been terminated by the National Telecommunications and Information Administration.''. (c) Deposit of Proceeds.--Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (1) in subparagraph (A), by inserting ``or subparagraph (D)'' after ``subparagraph (B); and (2) by adding at the end the following new subparagraph: ``(D) Disposition of cash proceeds.--Cash proceeds attributable to the auction of any eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall be deposited in the Spectrum Relocation Fund established under section 118 of such Act, and shall be available in accordance with that section.''. SEC. 4. ESTABLISHMENT OF FUND AND PROCEDURES. Part B of the National Telecommunications and Information Administration Organization Act is amended by adding after section 117 (47 U.S.C. 927) the following new section: ``SEC. 118. SPECTRUM RELOCATION FUND. ``(a) Establishment of Spectrum Relocation Fund.--There is established on the books of the Treasury a separate fund to be known as the `Spectrum Relocation Fund' (in this section referred to as the `Fund'), which shall be administered by the Office of Management and Budget (in this section referred to as `OMB'), in consultation with the NTIA. ``(b) Crediting of Receipts.--The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(D)). The proceeds attributable to each auction of any eligible frequencies described in section 113(g)(2) of this Act shall be deposited in a separate account in the Fund. ``(c) Used To Pay Relocation Costs.--The amounts in an account in the Fund from an auction of eligible frequencies are authorized to be used to pay relocation costs, as defined in section 113(g)(3) of this Act, of an eligible Federal entity incurring such costs with respect to relocation from those frequencies. ``(d) Fund Availability.-- ``(1) Appropriation.--There are hereby appropriated from the Fund such sums as are required to pay the relocation costs specified in subsection (c). ``(2) Transfer conditions.--None of the funds provided under this subsection may be transferred to any eligible Federal entity-- ``(A) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation; and ``(B) until 30 days after the Director of the Office of Management and Budget has submitted to the House and Senate Committees on Appropriations, the House Committee on Energy and Commerce, and the Senate Committee on Commerce, Science, and Transportation a detailed plan describing how the sums transferred from the Fund will be used to pay relocation costs in accordance with such subsection and the timeline for such relocation. ``(3) Reversion of unused funds.--Any unexpended balances of an account in the Fund that are remaining after the payment of the relocation costs that are payable from such account shall revert to and be deposited in the general fund of the Treasury. Such reversion and deposit shall be made not later than the end of the fiscal year in which the NTIA has notified the Commission that all of the entities whose relocation costs are payable from such account have either-- ``(A) completed their relocation; or ``(B) been determined by NTIA to have unreasonably failed to complete such relocation in accordance with the timeline required by paragraph (2)(A). ``(e) Transfer to Eligible Federal Entities.-- ``(1) Transfer.--Amounts made available pursuant to subsection (d) shall be transferred to eligible Federal entities, as defined in section 113(g)(1) of this Act. An eligible Federal entity may, subject to subsection (d)(2) of this section and the availability of funds in the relevant account, receive more than one such transfer, but all such transfers are subject to prior approval by the Director of OMB. Such transferred amounts shall be credited to the account of the eligible Federal entity which has incurred, or will incur, such costs, and shall remain available until the NTIA has notified the Commission that the Federal entity has completed the relocation, or the NTIA has determined that such entity has unreasonably failed to complete such relocation in accordance with the timeline required by paragraph (2)(A). ``(2) Retransfer to fund.--An eligible Federal entity that has received such amounts shall report its expenditures to OMB and shall transfer any amounts in excess of actual relocation costs back to the account in the Fund from which it was transferred immediately after the NTIA has notified the Commission that the entity's relocation is complete, or has determined that such entity has unreasonably failed to complete such relocation in accordance with the timeline required by paragraph (2)(A).''. SEC. 5. CONSTRUCTION. Nothing in this Act is intended to modify section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65). SEC. 6. EXEMPTION FROM SEQUESTRATION. The Spectrum Relocation Fund shall be exempt from reduction under any order issued under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. SEC. 7. REPORT. The National Telecommunications and Information Administration shall submit an annual report to the Committees on Appropriations and Energy and Commerce of the House of Representatives and the Committees on Appropriations and Commerce, Science, and Transportation of the Senate on-- (1) the progress made in adhering to the timelines applicable to relocation from eligible frequencies required under section 118(d)(2)(A) of the National Telecommunications and Information Administration Organization Act, separately stated on a communication system-by-system basis and on an auction-by-auction basis; and (2) with respect to each relocated communication system and auction, a statement of the estimate of relocation costs required under section 113(g)(4) of such Act, the actual relocations costs incurred, and the amount of such costs paid from the Spectrum Relocation Fund.

Commercial Spectrum Enhancement Act - Amends the National Telecommunications and Information Administration Organization Act to revise provisions concerning the reallocation of spectrum from governmental to commercial users.Makes any Federal entity that operates a Government station assigned within a specified band of frequencies and that incurs relocation costs due to reallocation to non-Federal use eligible for reimbursement from the Spectrum Relocation Fund established in this Act. Requires the National Telecommunications and Information Administration to notify the Federal Communications Commission (FCC) of estimated relocation costs at least six months prior to the commencement of any auction of eligible frequencies.Amends the Communications Act of 1934 to require the FCC: (1) in designing competitive bidding under such auctions, to have as an objective the recovery of 110 percent of the estimated relocation costs; (2) prescribe methods by which the total cash proceeds from any auction equals at least 110 percent of such costs; and (3) prohibit the FCC from concluding any auction under which such goal is not reached. Authorizes the FCC to grant a license for the advance use of eligible frequencies pending an auction, on the condition that the licensee cannot cause harmful interference to the Federal entity until the entity's authorization has been terminated.Establishes the Fund. Exempts the Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.

To amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users.

. Section 512(c)(1) (21 U.S.C. 360b(c)(1)) is amended-- (1) in the first sentence-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by inserting ``(A)'' after ``(1)''; (2) in the second sentence, by striking ``If'' and inserting the following: ``(C) If''; and (3) by inserting after subparagraph (A) (as designated by paragraph (1)(B)) the following new subparagraph: ``(B)(i) At any time prior to the issuance of the notice under subparagraph (A)(ii), the applicant may, in writing, notify the Secretary that an impasse exists in the review of the application with respect to a specifically identified issue that is preventing the issuance of an order under subparagraph (A)(i). ``(ii) On receipt of the notification from the applicant, the Secretary shall refer the disputed issue-- ``(I) to an existing (as of the date of the notification) scientific advisory panel having expertise related to the issue; ``(II) to a special Government employee, as defined in section 202(a) of title 18, United States Code, or to a nongovernmental person qualified to mediate or arbitrate the substance of such impasse who is acceptable to the Secretary and the applicant. ``(iii) The applicant and representatives of the Secretary may consult with the committee, special Government employee, or nongovernmental person on the matter referred. The committee, special Governmental employee, or nongovernmental person shall submit to the Secretary and the applicant a report containing recommendations (including a statement of reasons for the recommendations) regarding the matter not later than 60 days after the date of the referral, or not later than 90 days after the date of the referral if the committee, special Governmental employee, or nongovernmental person considers the additional 30 days to be necessary. Not later than 30 days after the date of receiving the report, the Secretary shall, in writing, confirm or modify the recommendations received, providing reasons and reference to data before the committee, special Governmental employee, or nongovernmental person for any modification. ``(iv) The Federal Advisory Committee Act shall not apply to any scientific advisory panel acting under this subparagraph.''. SEC. 204. LIMITATION ON RESIDUES. Section 512(d)(1)(F) (21 U.S.C. 360b(d)(1)(F)) is amended to read as follows: ``(F) on the basis of information submitted to the Secretary as part of the application or any other information before the Secretary with respect to such drug, any use prescribed, recommended, or suggested in labeling proposed for such drug will result in a residue of such drug in excess of a tolerance found by the Secretary to be safe for such drug;''. SEC. 205. VETERINARY FEED DIRECTIVES. (a) Section 503(f)(1)(A) (21 U.S.C. 353(f)(1)(A)) is amended by inserting after ``other than man'' the following: ``, other than a veterinary feed directive drug intended for use in animal feed or an animal feed bearing or containing a veterinary feed directive drug,''. (b) Chapter V is amended by inserting after section 503 the following new section: ``veterinary feed directive drugs ``Sec. 504. (a)(1) A drug intended for use in or on animal feed which is limited by an approved application filed pursuant to section 512(b) to use under the professional supervision of a licensed veterinarian is a veterinary feed directive drug. Any animal feed bearing or containing a veterinary feed directive drug shall be fed to animals only by or upon the lawful veterinary feed directive issued by a licensed veterinarian in the course of the veterinarian's professional practice. When labeled, distributed, held, and used in accordance with this section, a veterinary feed directive drug and any animal feed bearing or containing a veterinary feed directive drug shall be exempt from section 502(f). ``(2) A veterinary feed directive is lawful if it-- ``(A) contains such information as the Secretary may by general regulation or by order require; and ``(B) is in compliance with the conditions and indications for use of the drug set forth in the notice published pursuant to section 512(i). ``(3)(A) Any persons involved in the distribution or use of animal feed bearing or containing a veterinary feed directive drug and the licensed veterinarian issuing the veterinary feed directive shall maintain a copy of the veterinary feed directive applicable to each such feed, except in the case of a person distributing such feed to another person for further distribution, such person distributing the feed shall maintain a written acknowledgement from the person to whom the feed is shipped stating that that person shall not ship or move such feed to an animal production facility without a veterinary feed directive or ship such feed to another person for further distribution unless that person has provided the same written acknowledgement to its immediate supplier. ``(B) Every person required under subparagraph (A) to maintain records, and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to and copy and verify such records. ``(C) Any person who distributes animal feed bearing or containing a veterinary feed directive drug shall upon first engaging in such distribution notify the Secretary of that person's name and place of business. The failure to provide such notification shall be deemed to be an act which results in the drug being misbranded. ``(b) A veterinary feed directive drug and any feed bearing or containing a veterinary feed directive drug shall be deemed to be misbranded if their labeling fails to bear such cautionary statement and such other information as the Secretary may by general regulation or by order prescribe, or their advertising fails to conform to the conditions and indications for use published pursuant to section 512(i) or fails to contain the general cautionary statement prescribed by the Secretary. ``(c) Neither a drug subject to this section, nor animal feed bearing or containing such a drug, shall be deemed to be a prescription article under any Federal or State law.''. (c) Section 512 (21 U.S.C. 360b) is amended-- (1) in subsection (i), by inserting after ``including special labeling requirements'' the following: ``and any requirement that an animal feed bearing or containing the new animal drug be limited to use under the professional supervision of a licensed veterinarian''; (2) in subsection (a)(2)(C), by inserting after ``its labeling,'' the following: ``its distribution, its holding,''; and (3) in subsection (m)(4)(B)(i)-- (A) by inserting after ``paragraph (5)(A)'' the following: ``or under section 504(a)(3)(A)''; and (B) by inserting after ``subparagraph (B) of such paragraph'' the following: ``or section 504(a)(3)(B)''. (d) Section 301(e) (21 U.S.C. 331(e)) is amended-- (1) by inserting after ``by section 412'' the following: ``, 504,''; and (2) by inserting after ``under section 412,'' the following: ``504,''.

TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.

Food Amendments and the Animal Drug Availability Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency and Assistance Act of 2001''. SEC. 2. SUPPLEMENTAL LIHEAP FUNDING FOR STATES WITH CERTAIN PROGRAMS. Section 2607A(b) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626a) is amended by adding the following at the end thereof: ``The term `leveraged resources' also includes any State program which facilitates the collection of donations by electric and gas utilities to be used by public agencies or private nonprofit organizations to pay the electric and natural gas utility bills of individuals in households with incomes which do not exceed an amount equal to 200 percent of the poverty level for the State concerned and other individuals with insufficient financial resources to pay such bills.''. SEC. 3. LIHEAP AND SUPPLEMENTAL LIHEAP AUTHORIZATIONS. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended as follows: (1) In subsection (b), strike ``$2,000,000000 for each of fiscal years 2002 through 2004'' and insert ``$3,400,000,0000 for each of the fiscal years 2002 through 2005''. (2) Amend subsection (d) to read as follows: ``(d) There is authorized to carry out section 2607A, $100,000,000 for each of the fiscal years 2002 through 2005.''. SEC. 4. ENERGY EFFICIENT HOME FINANCING. (a) Residential Energy Efficiency Improvement Loans Included as Qualified Thrift Investment.--Subclause (I) of section 10(m)(4)(C)(ii) of Home Owners' Loan Act (12 U.S.C. 1467a(m)(4)(C)(ii)(I)) is amended by inserting ``, including residential energy efficiency improvement loans'' before the period at the end. (b) Projected Energy Savings Taken Into Account in Determining Loan Eligibility.-- (1) In general.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``Sec. 140. Residential energy efficiency improvement loans ``(a) Energy Savings.--In making any determination concerning the eligibility of any consumer for a residential energy efficiency improvement loan, the creditor shall take into account the amount of the estimated future savings attributable to the improvements in energy efficiency. ``(b) Factors for Consideration.--In reviewing regulations prescribed under this title and considering proposed regulations under this title, the Board shall consider-- ``(1) whether the regulations or proposed regulations make, or could make, residential energy efficiency improvement loans more affordable; and ``(2) whether any changes could be made in such regulations to provide more flexibility for home equity loans in order to make such loans more readily available to low- and moderate-income consumers for the purposes of improving residential energy efficiency. ``(c) Residential Energy Efficiency Improvement Loan Defined.--For purposes of this section, the term `residential energy efficiency improvement loan' means any loan or extension of credit, secured or unsecured, the proceeds of which are to be used for improving the energy efficiency of residential real property, including the purchase and installation of alternative sources of energy.''. (2) Clerical amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 139 the following new item: ``140. Residential energy efficiency improvement loans''. (c) FHA.--Title V of the National Housing Act (12 U.S.C. 1731a et seq.) is amended by adding at the end the following new section: ``SEC. 543. INCENTIVES TO INCREASE ENERGY EFFICIENCY. ``Not later than 12 months after the date of the enactment of the Energy Efficiency and Assistance Act of 2001, the Secretary shall-- ``(1) develop and implement measures under the mortgage insurance programs under this Act-- ``(A) to provide financing incentives to improve the energy efficiency of residential properties subject to mortgages insured under this Act; ``(B) to make energy efficient mortgages (as such term is defined in section 106(c) of the Energy Policy Act of 1992 (42 U.S.C. 12712 note)) more affordable and available; and ``(C) to ensure that, in making any determination concerning the eligibility of any borrower for a mortgage insured under this Act that includes financing for any residential energy conservation measures (as such term is defined in section 210 of the National Energy Conservation Policy Act (42 U.S.C. 8211)), the lender shall take into account the amount of the estimated future savings attributable to the improvements in energy efficiency; and ``(2) submit a report to the Congress specifying the actions taken to carry out the requirements under paragraph (1).''. (d) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following new section: ``SEC. 544. INCENTIVES TO INCREASE ENERGY EFFICIENCY. ``Not later than 12 months after the date of the enactment of the Energy Efficiency and Assistance Act of 2001, the Secretary shall-- ``(1) develop and implement measures under the housing loan programs under this title-- ``(A) to provide financing incentives to improve the energy efficiency of residential properties puon 210 of the National Energy Conservation Policy Act (42 U.S.C. 8211)), the lender shall take into account the amount of the estimated future savings attributable to the improvements in energy efficiency; and ``(2) submit a report to the Congress specifying the actions taken to carry out the requirements under paragraph (1).''. (e) Fannie Mae.--The Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) is amended by inserting after section 304 the following new section: ``incentives to increase energy efficiency--federal national mortgage association ``Sec. 305. Not later than 12 months after the date of the enactment of the Energy Efficiency and Assistance Act of 2001, the corporation shall-- ``(1) develop and implement measures or standards for loans purchased by the corporation-- ``(A) to provide financing incentives to improve the energy efficiency of residential properties purchased with such loans; ``(B) to make energy efficient mortgages (as such term is defined in section 106(c) of the Energy Policy Act of 1992 (42 U.S.C. 12712 note)) more affordable and available; and ``(C) to ensure that, in making any determination concerning the eligibility of any borrower for such a loan that includes financing for any residential energy conservation measures (as such term is defined in section 210 of the National Energy Conservation Policy Act (42 U.S.C. 8211)), the lender shall take into account the amount of the estimated future savings attributable to the improvements in energy efficiency; and ``(2) submit a report to the Congress specifying the actions taken to carry out the requirements under paragraph (1).''. (f) Freddie Mac.--The Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.) is amended by adding at the end the following new section: ``incentives to increase energy efficiency ``Sec. 311. Not later than 12 months after the date of the enactment of the Energy Efficiency and Assistance Act of 2001, the Corporation shall-- ``(1) develop and implement measures or standards for loans purchased by the Corporation-- ``(A) to provide financing incentives to improve the energy efficiency of residential properties purchased with such loans; ``(B) to make energy efficient mortgages (as such term is defined in section 106(c) of the Energy Policy Act of 1992 (42 U.S.C. 12712 note)) more affordable and available; and ``(C) to ensure that, in making any determination concerning the eligibility of any borrower for such a loan that includes financing for any residential energy conservation measures (as such term is defined in section 210 of the National Energy Conservation Policy Act (42 U.S.C. 8211)), the lender shall take into account the amount of the estimated future savings attributable to the improvements in energy efficiency; and ``(2) submit a report to the Congress specifying the actions taken to carry out the requirements under paragraph (1).''.

Energy Efficiency and Assistance Act of 2001 - Amends the Low-Income Home Energy Assistance Act of 1981 to redefine "leveraged resources" to include any State program which facilitates the collection of donations by electric and gas utilities to be used by public agencies or private nonprofit organizations to pay the utility bills of specified individuals with insufficient financial resources to pay such bills.Extends authorization of appropriations for home energy grants to FY 2005.Amends the Home Owners' Loan Act to include residential energy efficiency improvement loans among the assets of a savings association that qualify as qualified thrift investments.Amends the Truth in Lending Act to require a creditor, when determining consumer eligibility for a residential energy efficiency improvement loan, to take into account estimated future savings attributable to energy efficiency improvements.Amends the following Acts to instruct the Secretary of Housing and Urban Development to develop and implement measures that promote financial incentives for increased energy efficiency: (1) National Housing Act; (2) the Housing Act of 1949; (3) the Federal National Mortgage Association Charter Act; and (4) the Federal Home Loan Mortgage Corporation Act.

To amend the Low-Income Energy Assistance Act of 1981 to provide supplemental funds for States with programs to facilitate the collection of private donations by utilities to be used for payment of the utility bills, and for other purposes.

SECTION 1. GRANTS TO ASSIST MUNICIPALITIES TO HELP LOCAL FARMERS TO GROW FOOD CROPS OR RAISE CERTAIN LIVESTOCK TO BE SOLD LOCALLY. (a) In General.--The Secretary of Agriculture, through the respective State Department of Agriculture, may make a grant in accordance with this section to a municipality to enable the municipality to facilitate the ability of local farmers to grow food crops or raise livestock to be sold to the local community. (b) Maximum Amount of Grant.--The amount of a grant under this section shall not exceed $100,000. (c) Use of Grants.-- (1) In general.--A municipality to which a grant is made under this section shall use the grant, subject to paragraph (2), to establish a community-supported agriculture project, by-- (A) leasing municipal land to a participating farmer; (B) providing a loan guarantee for a loan made for the purchase or lease of equipment or facilities to be used by a participating farmer; (C) establishing a kitchen certified by relevant health authorities for use by farmers or nongovernmental farming associations operating, as determined by the municipality, locally or regionally; or (D) establishing a plant for the processing of food crops or livestock, which is certified by relevant health authorities for use by farmers or nongovernmental farming associations operating, as determined by the municipality, locally or regionally. (2) Requirements relating to minimum output, local sale, and under-served communities.-- (A) In general.--A lease entered into or a loan guarantee provided pursuant to this section shall provide that the municipality may terminate the lease or rescind the loan guarantee, as the case may be, if, during any year for which the lease or loan guarantee is in effect-- (i) the total value of the food crops or livestock produced from the land involved is less than-- (I) $2,500, in the case of the first year of operation; (II) $3,500, in the case of the second year of operation; or (III) $5,000, in the case of any subsequent year of operation; (ii) at least 30 percent of the sales of the food crops or livestock are not made in an under-served community within 50 miles of the community-supported agricultural project; or (iii) at least 70 percent of the sales of the food crops or livestock are not made locally or regionally. (B) Local or regional sale.--An agricultural product shall be considered to be made available for sale locally or regionally for purposes of this section if the product is distributed within the locality or region where produced, in a manner which-- (i) ensures that information regarding the product origin, production practices, or other similar information which is a source of value to the end-use consumer is typically conveyed; (ii) facilitates the likelihood that the income of the community-supported agriculture operation is increased through maximization of the share of the retail food price retained by the producer; (iii) ensures that consumers are provided with a product produced, processed, and distributed in the locality or region where the end-use consumers acquire the product; and (iv) ensures that the product has traveled less than 200 miles. (3) Requirements relating to termination of lease or rescinding of loan guarantee.--If the municipality determines that a lease entered into or a loan guarantee provided pursuant to this section will be terminated pursuant to paragraph (2), the municipality-- (A) shall announce the impending termination and seek to transition the operation for which the lease was entered into or loan guarantee was provided as a going concern to a new operator under the terms and conditions of this Act; and (B) may convert the operation to another use if, during the 6-month period beginning with the announcement, the municipality does not receive an application for the lease or loan guarantee from such a new operator who is eligible for the lease or loan guarantee under such terms and conditions. (4) Public bidding required.-- (A) In general.--The municipality shall solicit bids from the general public for the leases and loan guarantees to be provided by the municipality pursuant to this section, and shall submit the bids to the State Department of Agriculture for review and award of funding in accordance with the schedule of priorities set forth in subparagraph (B). (B) Priority for certain participating farmers.-- The municipality shall conduct the bidding in a manner that results in, and the Secretary of Agriculture, through the respective State Department of Agriculture, shall award grants and loan guarantees to municipalities that have demonstrated that they have conducted bidding in a manner that results in applications by participating farmers who are socially disadvantaged farmers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act) or beginning farmers or ranchers (as defined in section 7405(a) of the Farm Security and Rural Investment Act of 2002) being considered first in the order of priority to receive funding. (d) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Secretary not more than $40,000,000 for each of fiscal years 2009 through 2014. SEC. 2. GRANTS TO ENABLE LOCAL NONGOVERNMENTAL FARMING ASSOCIATIONS SUPPORT THE FORMATION OF COMMUNITY-SUPPORTED AGRICULTURAL PROJECTS. (a) In General.--The Secretary of Agriculture may make a grant to enable a local nongovernmental farming association that promotes community-based farming, or a qualified farmer, to provide technical, advisory, and other assistance to support the formation of a municipally-based community-supported agricultural project. (b) Maximum Amount of Grant.--The amount of a grant under this section shall not exceed $25,000. (c) Use of Grants.--The recipient of a grant made under this section shall use the grant to-- (1) provide public information about the assistance available pursuant to this Act; (2) provide technical and advisory assistance to participating farmers who enter into a lease or receive a loan guarantee from a municipality pursuant to section 1; or (3) conduct training sessions on subjects relevant to starting, operating, maintaining, or marketing crops produced by participating farmers. (d) Definition of Qualified Farmer.--In this section, the term ``qualified farmer'' means a farmer who has established a profit-making enterprise such as a farm, a community-supported agriculture operation, or a farmers' market, which has been in operation at least 5 years or a designated representative of such enterprise. (e) Mediation Condition.--As a condition of receiving a grant under this section, the grantee shall agree that, if a dispute arises between a participating farmer and a municipality from which the farmer has entered into a lease pursuant to section 1, concerning ownership rights to infrastructure improved with funds provided under this Act, or other matters with respect to the funds or activities engaged in pursuant to this Act, the parties shall use the services of the Certified State Agricultural Mediation Program of the Farm Service Agency of the Department of Agriculture. (f) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2009 through 2014. SEC. 3. GRANTS TO PROVIDE START-UP FUNDS TO FARMERS WHO MUST DIVERSIFY THEIR OPERATIONS IN ORDER TO PARTICIPATE IN COMMUNITY- SUPPORTED AGRICULTURAL PROJECTS. (a) In General.--The Secretary of Agriculture may make a one-time grant to provide start-up funding to an agricultural producer who must diversify the agricultural operations of the producer in order to participate in a community-supported agricultural project. (b) Maximum Amount of Grant.--The amount of a grant under this section shall not exceed $10,000. (c) Use of Grants.--An agricultural producer to whom a grant is made under this section shall use the grant to begin or participate in a community-supported agricultural project under this Act. (d) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Secretary not more than $4,000,000 for each of fiscal years 2009 through 2014. SEC. 4. MARKETING ASSISTANCE FOR COMMUNITY-SUPPORTED AGRICULTURE PROJECTS. The Secretary of Agriculture shall provide marketing assistance to a participating farmer who has received a lease or loan guarantee under section 1 that has not been terminated, to assist the farmer in marketing to community institutions, including schools, child care centers, and senior centers. SEC. 5. DEFINITIONS. In this Act: (1) Community-supported agricultural project.--The term ``community-supported agricultural project'' means a contract under which a group of consumers, a nonprofit organization, or a public agency which represents consumers is obligated to purchase a specified amount of one or more agricultural products directly from one or more agricultural producers during a specific period. (2) Farm vendor.--The term ``farm vendor'' means a farmer, a member of the family of a farmer, or an employee of a farmer, who sells at a farmers' market agricultural products produced only by the farmer. (3) Livestock.--The term ``livestock'' means cattle, bison, deer, swine, sheep, goats, and poultry, whether raised directly for human consumption or for the production of milk or eggs for human consumption. (4) Marketing alliance.--The term ``marketing alliance'' means a legally recognized entity from which farmers and managers of farmers' markets can obtain technical support on issues relating to farmers' markets. (5) Municipality.--The term ``municipality'' includes any city, town, borough, county, parish, district, transportation district, assessment jurisdiction, or other public body, or any other political subdivision within the territorial limits of the United States, created by or pursuant to State law or the law of an Indian tribe or tribal organization, with the authority to impose a tax, charge, or fee. (6) Nongovernmental farming association.--The term ``nongovernmental farming association'' means any of the following entities that has legal standing: (A) A group of agricultural producers that operates as a marketing alliance. (B) A cooperative association, each of whose owners and members is an agricultural producer. (C) A group of two or more agricultural producers or farm vendors who sell an agricultural product through a common distribution channel. (D) A nonprofit organization with expertise in farming. (E) A network or association of agricultural producers. (7) Participating farmer.--The term ``participating farmer'' means an agricultural producer who has made a binding commitment to participate in a community-supported agricultural project. (8) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, and American Samoa. (9) Under-served community.--The term ``under-served community'' means an urban, rural, or tribal community which has-- (A) limited access to affordable, healthy foods, including fresh fruits and vegetables, in retail grocery stores or farmer-to-consumer direct markets; (B) a high incidence of diet-related diseases, including obesity; (C) a high rate of hunger or food insecurity; or (D) severe or persistent poverty. SEC. 6. REGULATIONS. The Secretary of Agriculture shall prescribe such regulations as may be necessary to carry out this Act.

Authorizes the Secretary of Agriculture to make grants to: (1) municipalities to facilitate the ability of local farmers to grow food crops or raise livestock for local community sale; (2) local nongovernmental farming associations that promote community-based farming or to qualified farmers to provide technical, advisory, and other assistance for a municipally-based agricultural project; and (3) provide startup funding to agricultural producers who must diversify in order to participate in a community-supported agricultural project. Directs the Secretary to provide marketing assistance to a participating farmer who has received a lease or loan guarantee that has not been terminated to assist the farmer in marketing to community institutions, including schools, child care centers, and senior centers.

To provide for grants to assist municipalities to facilitate the ability of local farmers to grow food crops and certain livestock to be sold locally, grants to enable local nongovernmental farming associations to support the formation of community-supported agricultural projects, and grants to provide start-up funds to farmers who must diversify their operations in order to participate in the projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Court and Law Enforcement Officers Protection Act of 2006''. SEC. 2. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, AND RELATED CRIMES AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT OFFICERS. (a) Murder.--Section 1114 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``Whoever''; and (2) by adding at the end the following: ``(b) If the victim of an offense punishable under this section is a United States judge or a Federal law enforcement officer (as those terms are defined in section 115) the offender shall be punished by-- ``(1) a fine under this title; and ``(2)(A) in the case of murder, attempted murder, or conspiracy to murder, imprisonment for any term of years not less than 30 years, or for life, or, if death results, may be sentenced to death; ``(B) in the case of voluntary manslaughter, imprisonment for a term of years not less than 15 years nor more than 40 years; and ``(C) in the case of involuntary manslaughter, imprisonment for a term of years not less than 3 years nor more than 15 years.''. (b) Kidnapping.--Section 1201(a) of title 18, United States Code, is amended by adding at the end the following: ``If the victim of the offense punishable under this subsection is a United States judge or a Federal law enforcement officer (as those terms are defined in section 115) the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 30 years, or for life, or, if death results, may be sentenced to death.''. SEC. 3. AUTHORITY OF FEDERAL JUDGES AND PROSECUTORS TO CARRY FIREARMS. (a) In General.--Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following: ``Sec. 3054. Authority of Federal judges and prosecutors to carry firearms ``(a) In General.--Any justice of the United States or judge of the United States (as defined in section 451 of title 28), any judge of a court created under article I of the United States Constitution, any bankruptcy judge, any magistrate judge, any United States attorney, and any other officer or employee of the Department of Justice whose duties include representing the United States in a court of law, may carry firearms. ``(b) Regulations.--The Attorney General shall prescribe regulations to carry out this section. Such regulations may provide for training and regular certification in the use of firearms and shall, with respect to justices, judges, bankruptcy judges, and magistrate judges, be prescribed after consultation with the Judicial Conference of the United States.''. (b) Law Enforcement Officers.-- (1) In general.--Section 926B of title 18, United States Code, is amended by adding at the end the following: ``(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.''. (2) Retired law enforcement officers.--Section 926C of title 18, United States Code, is amended-- (A) in subsection (c)-- (i) in paragraph (3)(A), by striking ``was regularly employed as a law enforcement officer for an aggregate of 15 years or more'' and inserting ``served as a law enforcement officer for an aggregate of 10 years or more''; and (ii) by striking paragraphs (4) and (5), and designating paragraphs (6) and (7) as paragraphs (4) and (5), respectively; (B) in subsection (d)-- (i) in paragraph (1), by striking ``or'' after the semicolon; (ii) in paragraph (2)(B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(3) in those States or for those law enforcement agencies that do not issue the identification or certification required by paragraph (1) or (2)-- ``(A) an identification issued by the agency from which the individual retired from service as a law enforcement officer; ``(B) a photographic identification issued by an agency of the State in which the individual resides, such as a driver's license or a State identification card; and ``(C) a document issued by the State in which the individual resides that either certifies that the individual is authorized by the laws of that State to carry a concealed firearm, or, in those States that do not provide mandatory and objective standards for the issuance of such a license, certifies that the individual has received training in the safe handling of firearms or has completed a firearms safety or training course for security guards or investigators.''; and (C) by adding at the end the following: ``(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of the executive branch of the Federal Government.''. (c) Clerical Amendment.--The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3053 the following: ``3054. Authority of Federal judges and prosecutors to carry firearms.''. SEC. 4. PENALTIES FOR CERTAIN ASSAULTS. Section 111 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``8 years'' and inserting ``15 years''; (2) in subsection (b), by striking ``20 years'' and inserting ``30 years''; and (3) by adding at the end the following: ``(c) Law Enforcement Officers and Judges.-- ``(1) In general.--If the victim of an assault punishable under this section is a United States judge or a Federal law enforcement officer (as those terms are defined in section 115) the offender shall be punished by a fine under this title and-- ``(A) if the assault resulted in bodily injury (as that term is defined in section 1365), imprisonment for a term of years not less than 2 years nor more than 10 years; ``(B) if the assault resulted in substantial bodily injury (as that term is defined in section 113), imprisonment for a term of years not less than 5 years nor more than 15 years; and ``(C) if a dangerous weapon was used or possessed during and in relation to the offense, or if the assault resulted in serious bodily injury (as defined in section 2119(2)), imprisonment for a term of years not less than 10 years nor more than 25 years. ``(2) Imposition of punishment.--Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment, whether imposed for a conviction under this section or otherwise, for other criminal conduct during the same criminal episode.''. SEC. 5. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL LAW ENFORCEMENT OFFICER BY MURDERING OR ASSAULTING A FAMILY MEMBER. Section 115 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) If an offense punishable under this section is committed with the intent to impede, intimidate, or interfere with a United States judge or a Federal law enforcement officer while engaged in the performance of official duties, or with the intent to retaliate against such judge or officer on account of the performance of official duties, the offender shall be punished-- ``(A) in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(b); ``(B) in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided for an offense against a United States judge or Federal law enforcement officer in section 1201(a); ``(C) in the case of an assault, as provided for an offense against a United States judge or Federal law enforcement officer in section 111; ``(D) in the case of a threat, by a fine under this title and imprisonment for a term of years not less than 2 years nor more than 10 years. ``(2) Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment, whether imposed for a conviction under this section or otherwise, for other criminal conduct during the same criminal episode.''. SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR CRIME OF VIOLENCE. (a) In General.--Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by-- (1) striking ``except that in any action'' and all that follows through ``relief was unavailable.'' and inserting the following: ``except that-- ``(1) in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and ``(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as defined in section 16 of title 18, United States Code), including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of such an offense, a court shall not have jurisdiction to consider a claim for damages other than-- ``(A) for necessary out-of-pocket expenditures and other monetary loss; and ``(B) if the deprivation consisted of the purposeful infliction of serious bodily injury (as defined in section 1365 of title 18, United States Code) by the defendant upon the injured party, for additional damages in an amount that shall not exceed $250,000.''; and (2) indenting the last sentence as an undesignated paragraph. (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by striking ``except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of such officer's jurisdiction.'' and inserting the following: ``except that-- ``(1) in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of such officer's jurisdiction; and ``(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as defined in section 16 of title 18, United States Code), including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense, the court may not allow such party to recover attorney's fees.''. (c) Application.--This section and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act. SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A PUBLIC SAFETY OFFICER OF JUDGE. (a) Short Title.--This section may be cited as the ``Police Officer Daniel Faulkner Act of 2006''. (b) In General.--Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer or judge while the public safety officer or judge was engaged in the performance of official duties, or on account of the public safety officer's or judge's performance of official duties or status as a public safety officer or judge-- ``(1) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and ``(2) the review of the application by the court shall be limited to those claims concerning the validity of the conviction of the applicant for the underlying offense for which the applicant is held in custody. ``(k) A court shall not consider a claim relating to sentencing mitigation that was adjudicated on the merits in a State court, unless a determination that the error is not structural is contrary to clearly established Federal law, as determined by the Supreme Court of the United States.''. (c) Finality of Review.-- (1) In general.--Section 2251 of title 28, United States Code, is amended by adding at the end the following: ``(c) Stay of Matters.--This section, section 2262, and section 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court.''. (2) Second or successive applications.--Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking ``the subject of a petition'' and all that follows through the end of the subparagraph and inserting the following: ``reheard in the court of appeals or reviewed by a writ of certiorari.''. (3) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure does not apply to proceedings under these rules.''. (d) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act. (2) Pending cases.--In a case pending on the date of enactment of this Act, if the amendments made by this section impose a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act.

Court and Law Enforcement Officers Protection Act of 2006 - Amends the federal criminal code to: (1) impose mandatory minimum terms of imprisonment for homicide, manslaughter, and kidnapping crimes against federal judges and law enforcement officers; (2) allow federal judges, U.S. attorneys, and Justice Department employees to carry firearms; (3) increase penalties for assaults against U.S. employees and officers and impose mandatory minimum terms of imprisonment for assaults against federal judges or law enforcement officers; and (4) impose mandatory minimum penalties for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member. Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence. Police Officer Daniel Faulkner Act of 2006 - Amends the federal judicial code to place limits on habeas corpus petitions for review of a state conviction for the murder of a public safety officer or judge engaged in the performance of official duties.

A bill to provide adequate penalties for crimes committed against United States judges and Federal law enforcement officers, to provide appropriate security for judges and law enforcement officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strict Liability for Safer Streets Act of 1993''. TITLE I--STRICT LIABILITY OF MANUFACTURERS AND IMPORTERS OF HANDGUNS AND ASSAULT WEAPONS SEC. 101. CAUSE OF ACTION; FEDERAL JURISDICTION. (a) In General.--Any person suffering bodily injury, death, or property damage, as a result of the discharge of a handgun or an assault weapon may bring an action in any United States district court against any permissible defendant for damages and such other relief as the court deems appropriate. (b) Permissible Defendants.--The following persons are permissible defendants in an action brought under subsection (a) with respect to a handgun or an assault weapon: (1) Any manufacturer of the handgun or assault weapon. (2) Any importer of the handgun or assault weapon. SEC. 102. STRICT LIABILITY. (a) In General.--Each defendant in an action brought under section 101(a) shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury, death, and property damage, proximately resulting from the discharge of the handgun or assault weapon with respect to which the defendant is a permissible defendant, except as provided in subsection (b) of this section. (b) Defenses.-- (1) Injury while committing a felony.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the plaintiff suffered the bodily injury, death, or property damage, while committing a crime punishable by death, or by imprisonment for life or for any term of years. (2) Self-inflicted injury.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the plaintiff's bodily injury or death was self-inflicted, or that the property damage was caused by the plaintiff. (3) Injury by law enforcement officer.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the injury was suffered as a result of the discharge, by a law enforcement officer in the performance of official duties, of a handgun or assault weapon issued by the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. (4) Injury by member of the united states armed forces.-- There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the injury was suffered as a result of the discharge, by a member of the Armed Forces of the United States in the performance of military duties, of a handgun or assault weapon issued by the United States or any department or agency thereof. (5) Injury by security guard.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the injury was suffered as a result of the discharge, by an individual within the scope of employment as a security guard, of a handgun or assault weapon issued by the employer of the individual. (c) Authority to Award a Reasonable Attorney's Fee.--In an action brought under section 101(a), the court may, in its discretion, allow the prevailing party a reasonable attorney's fee as part of the costs. SEC. 103. STATUTE OF LIMITATIONS. An action may not be brought under section 101(a) after the 2-year period that begins with the date the injury described therein is discovered. SEC. 104. APPLICABILITY. This title shall apply only to handguns and assault weapons manufactured in or imported into the United States after the effective date of this Act. SEC. 105. NO EFFECT ON OTHER CAUSES OF ACTION. This title shall not be construed to limit the scope of any other cause of action available to a person who suffers bodily injury, death, or property damage, as a result of the discharge of a handgun or an assault weapon. SEC. 106. DEFINITIONS. As used in this title: (1) Handgun.--The term ``handgun'' means a firearm which, at the time of manufacture, had a barrel of less than 12 inches in length. (2) Assault weapon.--The term ``assault weapon'' means-- (A) a firearm-- (i) which-- (I) has a barrel of 12 or more inches in length; and (II) is capable of receiving ammunition directly from a large capacity ammunition magazine; (ii) which is a semiautomatic firearm which is-- (I) not generally recognized as particularly suitable for, or readily adaptable to, sporting purposes; or (II) concealable on a person; or (B) a firearm which is substantially functionally equivalent to a firearm described by clause (i) or (ii) of subparagraph (A). (3) Large capacity ammunition magazine.--The term ``large capacity ammunition magazine'' means a detachable magazine, belt, drum, feed strip, or similar device which has, or which can be readily restored or converted to have, a capacity of 15 or more rounds of ammunition. (4) Semiautomatic firearm.--The term ``semiautomatic firearm'' means any repeating firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. (5) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of the United States, or of a State or political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law. (6) Other terms.--The terms ``firearm'', ``importer'', and ``manufacturer'' shall have the meanings given such terms, respectively, in paragraphs (3), (9), and (10) of section 921(a) of title 18, United States Code. SEC. 107. EFFECTIVE DATE. This title shall apply to conduct occurring after the date of the enactment of this Act. TITLE II--REPORT TO VICTIMS ON FEDERAL CRIMES COMMITTED WITH FIREARMS SEC. 201. REPORT TO VICTIMS ON FEDERAL CRIMES COMMITTED WITH FIREARMS. Within 30 days after a conviction is obtained in any Federal court of a crime during or in relation to which an individual was injured or killed by a firearm (as defined in section 921(a)(3) of title 18, United States Code), the United States attorney prosecuting the case shall report, on whether title I of this Act applies to the firearm, to-- (1) the individual; or (2) if the individual is dead-- (A) the closest relative of the individual; or (B) if there is no such relative, the estate of the individual. TITLE III--REVENUE PROVISIONS SEC. 301. INCREASE IN TAX ON FIREARMS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 (relating to imposition of tax on firearms) is amended to read as follows: ``SEC. 4181. IMPOSITION OF TAX. ``There is hereby imposed a tax on the sale by the manufacturer, producer, or importer of any firearm, shell, or cartridge a tax equal to-- ``(1) in the case of firearms, 20 percent of the price for which so sold, and ``(2) in the case of shells and cartridges, 11 percent of the price for which so sold.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar month beginning more than 30 days after the date of the enactment of this Act. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any firearm on which tax was imposed under section 4181 of the Internal Revenue Code of 1986 before the tax-increase date and which is held on such date for sale by any dealer, there is hereby imposed a floor stocks tax on such firearm. (2) Amount of tax.--The amount of tax imposed by paragraph (1) with respect to any firearm shall be equal to the amount of tax imposed under section 4181 of such Code with respect to such firearm before the tax-increase date. (3) Liability for tax and method of payment.-- (A) Liability for tax.--Any dealer holding any firearm on the tax-increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary of the Treasury or his delegate shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid before the close of the 6-month period beginning on the tax-increase date. (4) Definitions.--For purposes of this subsection-- (A) Tax-increase date.--The term ``tax-increase date'' means the 1st day of the 1st calendar month beginning more than 30 days after the date of the enactment of this Act. (B) Firearm.--The term ``firearm'' has the same meaning as when used in section 4181 of such Code. (5) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4181 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 4181. SEC. 302. HOSPITAL GUNSHOT COST RELIEF TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. HOSPITAL GUNSHOT COST RELIEF TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Hospital Gunshot Cost Relief Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.-- ``(1) In general.--There are hereby appropriated to the Hospital Gunshot Cost Relief Trust Fund amounts equivalent to 50 percent of the net revenues received in the Treasury from the firearms tax. ``(2) Net revenues.--For purposes of paragraph (1), the term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the firearms taxes received in the Treasury, over ``(B) the decrease in the tax imposed by chapter 1 resulting from the firearms taxes. ``(3) Firearms tax.--For purposes of this section, the term `firearms tax' means the tax imposed by section 4181 with respect to firearms (within the meaning of such section). ``(c) Expenditures From Trust Fund.--Amounts in the Hospital Gunshot Cost Relief Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to assist hospitals located in urban areas in defraying the costs incurred in providing medical care to gunshot victims who are not covered under any health plan.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Hospital Gunshot Cost Relief Trust Fund.''

TABLE OF CONTENTS: Title I: Strict Liability of Manufacturers and Importers of Handguns and Assault Weapons Title II: Report to Victims on Federal Crimes Committed With Firearms Title III: Revenue Provisions Strict Liability for Safer Streets Act of 1993 - Title I: Strict Liability of Manufacturers and Importers of Handguns and Assault Weapons - Authorizes any person suffering bodily injury, death, or property damage as a result of the discharge of a handgun or an assault weapon (weapon) to bring an action against any manufacturer or importer of such weapon for damages and such other relief as the court deems appropriate in U.S. district court. Specifies that each such defendant shall be held strictly liable in tort for all direct and consequential damages arising from bodily injury, death, and property damage proximately resulting from the discharge of the weapon, with exceptions for: (1) injury while committing a felony; (2) self-inflicted injury; (3) injury by a law enforcement officer; (4) injury by a member of the U.S. armed forces; and (5) injury by a security guard. Authorizes the court to allow the prevailing party to recover a reasonable attorney's fee. Sets a two-year statute of limitations that begins with the date the injury is discovered. Makes this title applicable only to weapons manufactured in or imported into the United States after the effective date of this Act. Title II: Report to Victims on Federal Crimes Committed with Firearms - Requires the U.S. attorney prosecuting a case, after a conviction is obtained in any Federal court of a crime during or in relation to which an individual was injured or killed by a firearm, to report on whether title I of this Act applies to the firearm, to the individual, or, if the individual is dead, to the closest relative of the individual (or, if there is no such relative, the estate of the individual). Title III: Revenue Provisions - Amends the Internal Revenue Code to increase the tax on firearms. Imposes a floor stock tax on specified firearms. Establishes in the Treasury a Hospital Gunshot Cost Relief Trust Fund to assist hospitals located in urban areas in defraying costs incurred in providing medical care to gunshot victims who are not covered under any health plan.

Strict Liability for Safer Streets Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Verify Iranian Nuclear Compliance Act''. SEC. 2. COMMISSION TO VERIFY IRANIAN NUCLEAR COMPLIANCE. (a) Establishment.--There is established in the legislative branch the Commission to Verify Iranian Nuclear Compliance (hereafter in this Act referred to as the ``Commission''). (b) Functions and Duties.--The Commission shall-- (1) continually verify that the Islamic Republic of Iran is complying with its obligations and commitments under the agreement; (2) continually assess the adequacy of the safeguards and other control mechanisms and other assurances contained in the agreement with respect to Iran's nuclear program to ensure Iran's activities permitted thereunder are not being used to further any nuclear-related military or nuclear explosive purpose, including for any research on or development of any nuclear explosive device or any other nuclear-related military purpose; (3) continually assess the capacity and capability of the International Atomic Energy Agency (IAEA) to effectively implement the verification regime required by or related to the agreement, including whether the IAEA has sufficient access to investigate suspicious sites or allegations of covert nuclear- related activities and whether it has the required funding, manpower, and authority to administer the verification regime required by or related to the agreement; and (4) submit to Congress the reports required by section 5. SEC. 3. MEMBERSHIP. (a) Selection and Membership.--The Commission shall be composed of 20 members as follows: (1) Four Members of the House of Representatives appointed by the Speaker of the House of Representatives. Two Members shall be selected from the majority party and two Members shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Four Members of the Senate appointed by the President of the Senate. Two Members shall be selected, after consultation with the majority leader, from the majority party, and two Members shall be selected, after consultation with the minority leader, from the minority party. (3) Two Members of the House of Representatives appointed by the chairman of the Committee on Foreign Affairs of the House of Representatives. (4) Two Members of the House of Representatives appointed by the ranking minority member of the Committee on Foreign Affairs of the House of Representatives. (5) Two Members of the Senate appointed by the chairman of the Committee on Foreign Relations of the Senate. (6) Two Members of the Senate appointed by the ranking minority member of the Committee on Foreign Relations of the Senate. (7) One member of the Department of State appointed by the President of the United States. (8) One member of the Department of Defense appointed by the President of the United States. (9) One member of the Department of Energy appointed by the President of the United States. (10) One member of the Department of the Treasury appointed by the President of the United States. (b) Chairperson and Co-Chairperson.-- (1) In general.--There shall be a Chairperson and Co- chairperson of the Commission. (2) Designation of chairperson.--At the beginning of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate members as Chairperson of the Commission. At the beginning of each even numbered Congress, the Speaker of the House of Representatives shall designate one of the House members as Chairperson of the Commission. (3) Designation of co-chairperson.--At the beginning of each odd-numbered Congress, the President of the Senate, on the recommendation of the minority leader, shall designate one of the Senate members as Co-chairperson of the Commission. At the beginning of each even numbered Congress, the Speaker of the House of Representatives, on the recommendation of the minority leader, shall designate one of the House members as Co- chairperson of the Commission. (c) Prohibition on Compensation.--Members of the Commission may not receive additional pay, allowances, or benefits by reason of their service on the Commission. SEC. 4. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENA; ADMINISTRATION OF OATHS. (a) Testimony of Witnesses and Production of Evidence.--In carrying out this Act, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as it deems necessary. (b) Subpoenas.--Subpoenas shall be issued jointly by the Chairperson and Co-chairperson of the Commission, and may be served by any person designated by the Chairperson and Co-chairperson. (c) Administration of Oaths.--The Chairperson of the Commission, or any member designated by the Chairperson, may administer oaths to any witness. SEC. 5. COMMISSION REPORTS. (a) Report on Matters Covered by This Act.--The Commission shall submit to Congress a report with respect to the matters covered by this Act not later than 180 days after the date of the enactment of this Act and on an annual basis thereafter. The Commission shall provide information relating to the agreement to Members of the House and Senate as requested. (b) Report on Expenditures.--For each fiscal year for which an appropriation is made the Commission shall submit to Congress a report on its expenditures under such appropriation. (c) Justification of Budget.--The Commission shall prepare and submit to Congress a justification of the annual budget of the Commission at the time of submission of the annual budget of the President to Congress pursuant to section 1105(a) of title 31, United States Code. SEC. 6. STAFF OF COMMISSION. (a) Staff.-- (1) Staff director.--The Commission shall have a staff director, who shall be appointed jointly by the Chairperson and Co-chairperson of the Commission and whose pay shall be fixed jointly by the Chairperson and Co-chairperson of the Commission. (2) Other staff.--The Chairperson of the Commission shall appoint and fix the pay of other personnel of the Commission, subject to the approval of at least 2 of the following members of the Commission: (A) The Co-chairperson of the Commission. (B) For purposes of each even numbered Congress, a Senate member of the Commission designated by the President of the Senate, on the recommendation of the majority leader. For purposes of each odd-numbered Congress, a House member of the Commission designated by the Speaker of the House of Representatives. (C) For purposes of each even numbered Congress, a Senate member of the Commission designated by the President of the Senate, on the recommendation of the minority leader. For purposes of each odd numbered Congress, a House member of the Commission designated by the Speaker of the House of Representatives, on the recommendation of the minority leader. (b) Treatment of Employees as House Employees.--For purposes of pay and other employment benefits, rights, and privileges, and for all other purposes, including the applicability of the Rules of the House of Representatives and the Congressional Accountability Act of 1995, each employee of the Commission shall be considered an employee of the House of Representatives. For purposes of the Congressional Accountability Act of 1995, the Commission shall be considered an employing office with respect to its employees. (c) 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. (d) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (e) Security Clearances.--All members of the Commission shall hold appropriate security clearances by reason of their participation on the Commission. (f) Foreign Travel.--Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairperson or Co-chairperson of the Commission. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission for each fiscal year such sums as may be necessary to carry out this Act. SEC. 8. AGREEMENT DEFINED. In this Act, the term ``agreement'' means an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future.

Commission to Verify Iranian Nuclear Compliance Act This bill establishes in the legislative branch the Commission to Verify Iranian Nuclear Compliance, which shall continually: verify the Islamic Republic of Iran's compliance with its obligations under the agreement, assess the adequacy of the safeguards and other control mechanisms contained in the agreement with respect to Iran's nuclear program, and assess the capacity of the International Atomic Energy Agency to implement the verification regime required by or related to the agreement. "Agreement" means an agreement related to Iran's nuclear program that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, whether a political commitment or otherwise, and regardless of whether it is legally binding or not.

Commission to Verify Iranian Nuclear Compliance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Cats and Rare Canids Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Many wild populations of felids and canids, once considered common, are in decline, and many have declined to the point that their long-term survival in the wild is in serious jeopardy. (2) Of the 37 wild felid species worldwide, all are currently recognized as species in need of protection under the IUCN Red List, the lists of species in CITES appendices I, II, and III, or the Endangered Species Act of 1973. Of the 35 wild canid species worldwide, nearly 50 percent are recognized as in need of such protection. (3) In addition to their intrinsic value, felids and canids are important aesthetic, economic, and ecological global resources that need to be conserved. (4) Large felids and canids are considered both umbrella and indicator species. Healthy populations of these species act as an important indicator of the integrity of entire ecosystems and, because they require large wild spaces to persist, benefit entire ecosystems and a large number of other species. Measures taken to benefit these keystone species will ultimately benefit a great number of other species. (5) Rare felids and rare canids face an array of threats, including loss of habitat and natural prey, intentional and unintentional takings by humans, disease transmission, and a vast number of other threats. These threats need to be addressed in a coordinated fashion. (6) Conservation of rare felid and rare canid populations requires global commitment. Adequate funding for conservation is sorely lacking, and many range countries for those species do not have adequate infrastructure to protect species of concern. Those countries that do provide assistance to threatened populations need further assistance in implementing effective conservation strategies. (7) In particular, in developing nations with limited resources, poverty, population growth, and habitat loss all present significant challenges to conservation of rare felids and rare canids. (8) Although some protections and initiatives exist to conserve rare felid and rare canid populations and their habitat, those efforts can be significantly strengthened and enhanced by increased coordination and the infusion of targeted funding to benefit species of concern. SEC. 3. PURPOSES. The purposes of this Act are to provide financial resources and to foster international cooperation-- (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide. SEC. 4. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation.--The term ``conservation''-- (A) means the methods and procedures necessary to bring a species of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species; (B) includes all activities associated with protection and management of a rare felid or rare canid population, including-- (i) maintenance, management, protection, and restoration of rare felid or rare canid habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations and other institutions to implement conservation programs. (3) Fund.--The term ``Fund'' means the Great Cats and Rare Canids Conservation Fund established by section 6. (4) IUCN red list.--The term ``IUCN Red List'' means the Red List of Threatened Species Maintained by the World Conservation Union. (5) Rare canid.--The term ``rare canid''-- (A) means any canid species, subspecies, or population that-- (i) is not native to the area comprised of the United States and Canada; and (ii) is included in the IUCN Red List, Appendix I, II, or III of CITES, or any list published under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1532(c)); and (B) includes such a subspecies or population of dhole (Cuon alpinus), gray wolf (Canis lupus), ethiopian wolf (Canis simensis), african wild dog (Lycaon pictus), or maned wolf (Chrysocyon brachyurus). (6) Rare felid.--The term ``rare felid''-- (A) subject to subparagraph (C), means any felid species, subspecies, or population that-- (i) is not native to the area comprised of the United States and Canada; and (ii) is included in the IUCN Red List, Appendix I, II, or III of CITES, or any list published under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1532(c)); (B) includes such a subspecies or population of lion (Panthera leo), leopard (Panthera pardus), jaguar (Panthera onca), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), cheetah (Acinonyx jubatus), or iberian lynx (Lynx pardina); and (C) does not include any tiger (Panthera tigris). (7) Secretary.--The term ``Secretary'' refers to the Secretary of the Interior. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid species, respectively; and (B) any person or group with the demonstrated expertise required for the conservation in the wild of rare felids or rare canids, respectively. (2) Project proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staffing for the project; (iii) the logistics of the project; and (iv) community involvement in the project; (E) an estimate of funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (B) approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country within whose borders the project will take place. (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources; (3) enhance compliance with CITES, the Endangered Species Act of 1973, and other applicable laws that prohibit or regulate the taking or trade of rare felids and rare canids or regulate the use and management of rare felid and rare canid habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of rare felid or rare canid habitat; (B) rare felid or rare canid population numbers and trends; and (C) the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data; (5) promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or (6) funds will not be appropriated for the purchase or lease of lands to be used as suitable habitat for felids or canids. (e) Project Sustainability.--In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which there exists some measure of matching funds. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding or Display.--Amounts provided as a grant under this Act-- (1) may not be used for captive breeding or display of rare felids and rare canids other than captive breeding for release into the wild; and (2) may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically feasible. (i) Limitation on Assistance for Certain Species.--Of amounts available for a fiscal year for providing financial assistance under this section, the Secretary may not use more than 25 percent to provide assistance for projects that target rare canid and rare felid species that are not listed in paragraph (5)(B) or (6)(B), respectively, of section 4. (j) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of felids and canids. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. (C) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 6. GREAT CATS AND RARE CANIDS CONSERVATION FUND. (a) Establishment.--There is established, in the Multinational Species Conservation Fund established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 under the heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account to be known as the ``Great Cats and Rare Canids Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into such account under subsection (e); (2) amounts appropriated to such account under section 7; and (3) any interest earned on investment of amounts in the account under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than three percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. AUTHORIZATION OR APPROPRIATIONS. There are authorized to be appropriated to the Fund $5,000,000 for each fiscal years 2005 through 2009 to carry out this Act.

Great Cats and Rare Canids Act of 2004 - Directs the Secretary of the Interior to provide assistance for projects for the conservation of rare felids and rare canids. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of felids and canids. Restricts the use of grants for captive breeding or display purposes. Establishes in the Multinatonal Species Conservation Fund as a separate account the Great Cats and Rare Canids Conservation Fund. Defines "rare canid" to: (1) mean any canid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of dhole, gray wolf, ethiopian wolf, african wild dog, or maned wolf. Defines "rare felid" to: (1) mean any felid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or iberian lynx. Does not include any tiger.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Employment Partnership Act of 1997''. SEC. 2. TREATMENT OF WORK OPPORTUNITY WAGES AS PAYMENT OF EMPLOYMENT TAX LIABILITY. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by inserting after section 3510 the following new section: ``SEC. 3511. TREATMENT OF WORK OPPORTUNITY WAGES AS PAYMENT OF EMPLOYMENT TAX LIABILITY. ``(a) General Rule.--For purposes of this title, the amount equal to the work opportunity credit amount with respect to any wages paid for any calendar quarter by an eligible tax-exempt employer shall be treated as a payment by such employer of such employer's employment tax liability for such calendar quarter. ``(b) Work Opportunity Credit Amount.--For purposes of this section, the work opportunity credit amount for any calendar quarter is the amount of the credit determined under section 51 (relating to work opportunity credit) in accordance with the following: ``(1) Applicable percentages.-- ``(A) Individuals performing at least 400 hours of services.--In the case of an individual who has completed at least 400 hours of services performed for the eligible tax-exempt employer, subsection (a) of section 51 shall be applied by substituting `30 percent' for `40 percent'. ``(B) Individuals performing fewer than 400 hours of services.--In the case of an individual who has completed at least 120 hours, but less than 400 hours, of services performed for the eligible tax-exempt employer, subsection (a) of section 51 shall be applied by substituting `20 percent' for `40 percent'. ``(C) Denial of credit for individuals performing fewer than 120 hours of services.--No wages shall be taken into account for purposes of this section with respect to any individual unless such individual has completed at least 120 hours of services performed for the employer. ``(D) Quarterly estimate of annual hours of services to be performed.--For purposes of subparagraphs (A), (B), and (C), in lieu of the hours of services actually performed by an individual during any of the first 3 quarters of a calendar year, an employer may make an estimate of the hours of services an individual is reasonably expected to perform for the employer in such calendar year. The employer shall adjust the deemed payments in accordance with subsection (c) for the last quarter of such calendar year to reflect the hours of services actually performed by such individual in such calendar year. ``(2) Eligible tax-exempt employer.--The term `eligible tax-exempt employer' means any organization which is exempt from tax under subtitle A other than-- ``(A) any governmental unit, and ``(B) any agency or instrumentality of a governmental unit. ``(c) Coordination With Depository Requirements.-- ``(1) In general.--Any employer who is entitled to treat any amount as a payment under subsection (a) for any calendar quarter may reduce, in such manner as the Secretary may by regulations prescribe, by a like amount, the amount otherwise required to be deposited during such quarter by reason of the employment tax liability of such employer. ``(2) Quarterly determinations.--The amount of reduction permitted under paragraph (1) for any calendar quarter shall be based on a separate estimate for such quarter of the amount of deemed payments to which the employer reasonably expects to be entitled under subsection (a) for the calendar year which includes such quarter and shall be properly adjusted (under regulations prescribed by the Secretary) to reflect the amount by which prior reductions under subsection (a) during such calendar year were in excess of, or less than, the amounts which would be proper under such estimate. ``(3) Year-end adjustments.-- ``(A) Excess of deemed payments allowable over depository benefit claimed.--If the amount of deemed payments to which an employer is entitled under subsection (a) for any calendar year exceeds the amount claimed by the employer under paragraph (1) during such year, such excess shall be treated for purposes of this title as an overpayment made by such employer. For purposes of determining interest, such overpayment shall be treated as made on January 31 of the following calendar year. ``(B) Depository benefit claimed exceeds deemed payment allowable.--If the amount claimed by the employer under paragraph (1) during the calendar year exceeds the amount of deemed payments to which such employer is entitled under subsection (a) for such year, such excess shall be treated for purposes of this title as an underpayment of the tax imposed by this chapter for such calendar year. For purposes of determining interest, such underpayment shall be allocated ratably among the calendar quarters in such year (or in such other manner as the Secretary may by regulations prescribe). ``(d) Payment Treated as Made on Due Date.--Notwithstanding subsection (c), for purposes of determining interest, any deemed payment under subsection (a) for any calendar quarter shall be treated as made on the due date for the return for such quarter. ``(e) Employment Tax Liability.--For purposes of this section, the term `employment tax liability' means liability for the taxes imposed by chapters 21 and 24. ``(f) Social Security Trust Funds.--This section shall not be construed to affect amounts appropriated under sections 201 and 1817(a) of the Social Security Act.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Treatment of work opportunity wages as payment of employment tax liability.'' (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Community Employment Partnership Act of 1997 - Amends the Internal Revenue Code to set forth, as a general rule, that the amount equal to the work opportunity credit amount with respect to any wages paid for any calendar quarter by an eligible tax-exempt employer shall be treated as payment by such employer of such employer's tax liability for such calendar quarter.

Community Employment Partnership Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lackawanna Valley National Heritage Area Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the industrial and cultural heritage of northeastern Pennsylvania, including Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, related directly to anthracite and anthracite-related industries, is nationally significant; (2) the industries referred to in paragraph (1) include anthracite mining, ironmaking, textiles, and rail transportation; (3) the industrial and cultural heritage of the anthracite and anthracite-related industries in the region described in paragraph (1) includes the social history and living cultural traditions of the people of the region; (4) the labor movement of the region played a significant role in the development of the Nation, including-- (A) the formation of many major unions such as the United Mine Workers of America; and (B) crucial struggles to improve wages and working conditions, such as the 1900 and 1902 anthracite strikes; (5)(A) the Secretary of the Interior is responsible for protecting the historical and cultural resources of the United States; and (B) there are significant examples of those resources within the region described in paragraph (1) that merit the involvement of the Federal Government to develop, in cooperation with the Lackawanna Heritage Valley Authority, the Commonwealth of Pennsylvania, and local and governmental entities, programs and projects to conserve, protect, and interpret this heritage adequately for future generations, while providing opportunities for education and revitalization; and (6) the Lackawanna Heritage Valley Authority would be an appropriate management entity for a Heritage Area established in the region described in paragraph (1). (b) Purposes.--The purposes of the Lackawanna Valley National Heritage Area and this Act are-- (1) to foster a close working relationship among all levels of government, the private sector, and the local communities in the anthracite coal region of northeastern Pennsylvania and enable the communities to conserve their heritage while continuing to pursue economic opportunities; and (2) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the 4-county region described in subsection (a)(1). SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Lackawanna Valley National Heritage Area established by section 4. (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area specified in section 4(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 6(b). (4) Partner.--The term ``partner'' means-- (A) a Federal, State, or local governmental entity; and (B) an organization, private industry, or individual involved in promoting the conservation and preservation of the cultural and natural resources of the Heritage Area. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA. (a) Establishment.--There is established the Lackawanna Valley National Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of all or parts of Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, Pennsylvania, determined in accordance with the compact under section 5. (c) Management Entity.--The management entity for the Heritage Area shall be the Lackawanna Heritage Valley Authority. SEC. 5. COMPACT. (a) In General.--To carry out this Act, the Secretary shall enter into a compact with the management entity. (b) Contents of Compact.--The compact shall include information relating to the objectives and management of the area, including-- (1) a delineation of the boundaries of the Heritage Area; and (2) a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of Management Entity.--The management entity may, for the purposes of preparing and implementing the management plan, use funds made available under this Act to hire and compensate staff. (b) Management Plan.-- (1) In general.--The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area. (2) Consideration of other plans and actions.--The management plan shall-- (A) take into consideration State, county, and local plans; (B) involve residents, public agencies, and private organizations working in the Heritage Area; and (C) include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. (3) Specification of funding sources.--The management plan shall specify the existing and potential sources of funding available to protect, manage, and develop the Heritage Area. (4) Other required elements.--The management plan shall include the following: (A) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the purposes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its historical, cultural, natural, recreational, or scenic significance. (B) A recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the historical, cultural, natural, and recreational resources of the Heritage Area in a manner that is consistent with the support of appropriate and compatible economic viability. (C) A program for implementation of the management plan by the management entity, including-- (i) plans for restoration and construction; and (ii) specific commitments of the partners for the first 5 years of operation. (D) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act. (E) An interpretation plan for the Heritage Area. (5) Submission to secretary for approval.-- (A) In general.--Not later than the last day of the 3-year period beginning on the date of enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (B) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the day referred to in subparagraph (A), the Secretary shall not, after that day, provide any grant or other assistance under this Act with respect to the Heritage Area until a management plan for the Heritage Area is submitted to the Secretary. (c) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions specified in the compact and management plan, including steps to assist units of government and nonprofit organizations in preserving the Heritage Area; (2) assist units of government and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the historical, natural, and architectural resources and sites in the Heritage Area; and (D) restoring historic buildings that relate to the purposes of the Heritage Area; (3) encourage economic viability in the Heritage Area consistent with the goals of the management plan; (4) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the management plan; (5) assist units of government and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are placed throughout the Heritage Area; (6) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (7) conduct public meetings not less often than quarterly concerning the implementation of the management plan; (8) submit substantial amendments (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the Secretary's approval; and (9) for each year in which Federal funds have been received under this Act-- (A) submit a report to the Secretary that specifies-- (i) the accomplishments of the management entity; and (ii) the expenses and income of the management entity; (B) make available to the Secretary for audit all records relating to the expenditure of such funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of such funds. (d) Use of Federal Funds.-- (1) Funds made available under this act.--The management entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (2) Funds from other sources.--Nothing in this Act precludes the management entity from using Federal funds obtained through law other than this Act for any purpose for which the funds are authorized to be used. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) Provision of assistance.--The Secretary may, at the request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan. (2) Priority in assistance.--In assisting the management entity, the Secretary shall give priority to actions that assist in-- (A) conserving the significant historical, cultural, and natural resources that support the purpose of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (b) Approval and Disapproval of Management Plans.-- (1) In general.--The Secretary, in consultation with the Governor of the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receipt of the management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the management plan. (B) Deadline for approval of revision.--The Secretary shall approve or disapprove a proposed revision within 90 days after the date on which the revision is submitted to the Secretary. (c) Approval of Amendments.-- (1) Review.--The Secretary shall review substantial amendments (as determined under section 6(c)(8)) to the management plan for the Heritage Area. (2) Requirement of approval.--Funds made available under this Act shall not be expended to implement the amendments described in paragraph (1) until the Secretary approves the amendments. SEC. 8. SUNSET PROVISION. The Secretary shall not provide any grant or other assistance under this Act after September 30, 2012. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this Act for any fiscal year. (b) 50 Percent Match.--The Federal share of the cost of activities carried out using any assistance or grant under this Act shall not exceed 50 percent. Passed the Senate November 19, 1999. Attest: Secretary. 106th CONGRESS 1st Session S. 905 _______________________________________________________________________ AN ACT To establish the Lackawanna Valley National Heritage Area and for other purposes.

Directs the Secretary of the Interior to enter into a management compact with the Authority to determine Area goals and objectives. Directs the Authority to develop an Area management plan that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Requires the plan to be submitted to the Secretary for approval within three years after the enactment of this Act. Outlines related management duties. Prohibits the Authority from using Federal funds to acquire real property under this Act. Provides for: (1) technical and financial assistance from the Secretary to the Authority to develop and implement the plan; and (2) approval or disapproval of management plans. Authorizes appropriations. Limits Federal funding for the Area to 50 percent of total costs.

An act to establish the Lackawanna Valley National Heritage Area and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmland Preservation and Land Conservation Act of 2008''. SEC. 2. TRANSFER TAX EXCLUSION FOR CERTAIN FARMLAND AND LAND OF CONSERVATION VALUE. (a) Estate Tax.-- (1) In general.--Part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2058 the following new section: ``SEC. 2059. FARM AND CONSERVATION LAND. ``(a) In General.--For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the adjusted value of the qualified farm or conservation land included in the estate. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, and ``(2) the executor elects the application of this section and files the agreement referred to in subsection (d)(2) with respect to the qualified farm or conservation land. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified farm or conservation land.--The term `qualified farm or conservation land' means any real property-- ``(A) which is located in the United States, ``(B) which, on the date of the decedent's death, was being used-- ``(i) as a farm for farming purposes (within the meaning of section 2032A(e)), or ``(ii) exclusively for conservation purposes (within the meaning of section 170(h)), ``(C) with respect to which there is a recorded covenant which prevents any use of such land which is inconsistent with the uses described in subparagraph (B), and ``(D) which is designated in the agreement referred to in subsection (d)(2). ``(2) Adjusted value.--The term `adjusted value' means the value of the qualified farm or conservation land for purposes of this chapter, reduced by the amount allowable as a deduction under paragraph (4) of section 2053(a). ``(d) Election; Agreement.-- ``(1) Election.--The election under this section shall be made on the return of the tax imposed by section 2001. Such election shall be made in such manner as the Secretary shall by regulations prescribe. Such an election, once made, shall be irrevocable. ``(2) Agreement.--The agreement referred to in this paragraph is a written agreement signed by each person in being who has an interest (whether or not in possession) in any property designated in such agreement consenting to the application of subsection (e) with respect to such property. ``(3) Modification of election and agreement permitted.-- The procedures prescribed under section 2032A(d)(3) shall apply for purposes of this subsection. ``(e) Tax Treatment of Dispositions and Inconsistent Uses.--In the case of a decedent's estate which includes qualified farm or conservation land with respect to which there is a covenant described in subsection (c)(1)(C) (including such a covenant made by a prior decedent)-- ``(1) Imposition of additional estate tax.--If, at any time after the decedent's death and before the death of the heir-- ``(A) the heir disposes of any interest in qualified farm or conservation land and the person acquiring such interest is not subject to the covenant described in subsection (c)(1)(C), or ``(B) the heir uses such land in any manner which violates the terms of such covenant, then, there is hereby imposed an additional estate tax. ``(2) Amount of additional tax.-- ``(A) In general.--The amount of the additional tax imposed by paragraph (1) with respect to any interest shall be the amount equal to the sum of-- ``(i) the adjusted tax difference with respect to the estate, and ``(ii) interest at the underpayment rate established under section 6621 on the amount determined under clause (i) for the period beginning on the due date for filing the estate tax return. ``(B) Adjusted tax difference with respect to estate.--For purposes of this subsection, the term `adjusted tax difference with respect to the estate' means the excess of-- ``(i) what would have been the estate tax liability if the fair market value of the interest at the time of the disposition or use described in paragraph (1), over ``(ii) the estate tax liability. For purposes of this subparagraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(3) Certain additional rules to apply.--Rules similar to the rules of paragraphs (2)(D), (2)(E), (3), (4), (5), and (8) of section 2032A(c) shall apply for purposes of this subsection. ``(4) Income tax treatment of dispositions.--For purposes of chapter 1, in any case in which an additional tax is imposed by this subsection by reason of any disposition or use of an interest, such interest (if not otherwise disposed of in a transaction in which gain is recognized) shall be treated as sold at its fair market value at the time of the disposition or use, and gain shall be recognized notwithstanding any provision of subtitle A. ``(f) Basis.--For purposes of this title, the basis of any qualified farm or conservation land which is included in the estate of a decedent pursuant to subsection (a) shall be the adjusted basis of such qualified farm or conservation land on the date of the decedent's death. ``(g) Certain Additional Rules To Apply.--For purposes of this section, rules similar to the following rules shall apply: ``(1) Certain real property included.--Section 2032A(e)(3)(A). ``(2) Definitions of farm and farming purposes.--Paragraphs (4) and (5) of section 2032A(e). ``(3) Property acquired from decedent.--Section 2032A(e)(9). ``(4) Community property.--Section 2032A(e)(10). ``(5) Bond in lieu of personal liability.--Section 2032A(e)(11). ``(6) Special rule for woodlands.--Section 2032A(e)(12). ``(7) Statute of limitation.--Section 2032A(f). ``(8) Special rules for involuntary conversions of real property.--Section 2032A(h). ``(9) Exchanges of qualified real property.--Section 2032A(i). ``(h) Cross Reference.--See section 6324C for special lien on farm and conservation land.''. (2) Special lien for farm and conservation land.--Part II of subchapter C of chapter 64 of such Code (relating to liens) is amended by inserting after section 6324B the following new section: ``SEC. 6324C. SPECIAL LIEN ON FARM AND CONSERVATION LAND. ``(a) General Rule.--In the case of qualified farm or conservation land (within the meaning of section 2059(c)(1)) with respect to which an election is in effect under section 2059(b)(2) or section 2524(a) or pursuant to section 2611(b)(2), an amount equal to the adjusted value attributable to such land (within the meaning of section 2059(c)(2)) shall be a lien in favor of the United States on such land. ``(b) Period of Lien.--The lien imposed by this section shall arise at the time an election is filed under section 2059 and shall continue with respect to such qualified farm or conservation land until the earlier of-- ``(1) such land is transferred to a qualified organization (as defined in section 170(h)(3)), ``(2) the liability for tax under subsection (e) of section 2059 with respect to such land has been satisfied or has become unenforceable by reason of lapse of time, or ``(3) it is established to the satisfaction of the Secretary that no further tax liability may arise under section 2059(e) with respect to such land. ``(c) Certain Rules and Definitions Made Applicable.-- ``(1) In general.--The rule set forth in paragraphs (1), (3), and (4) of section 6324A(d) shall apply with respect to the lien imposed by this section as if it were a lien imposed by section 6324A. ``(2) Qualified farm or conservation land.--For purposes of this section, the term `qualified farm or conservation land' includes qualified replacement property (within the meaning of section 2032A(h)(3)(B)) and qualified exchange property (within the meaning of section 2032A(i)(3)). ``(d) Substitution of Security for Lien.--To the extent provided in regulations prescribed by the Secretary, the furnishing of security may be substituted for the lien imposed by this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by inserting after paragraph (36) the following new paragraph: ``(37) to the extent provided in section 2059(f).''. (2) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2059. Farm and conservation land.''. (3) The table of sections for part II of subchapter C of chapter 64 of such Code is amended by inserting after the item relating to section 6324B the following new item: ``Sec. 6324C. Special lien on farm and conservation land.''. (c) Gift Tax.-- (1) In general.--Subchapter C of chapter 12 of subtitle B of such Code (deductions) is amended by redesignating section 2524 as section 2525 and inserting after section 2523 the following new section: ``SEC. 2524. GIFT OF FARM AND CONSERVATION LAND. ``(a) In General.--In computing taxable gifts for the calendar year, there shall be allowed as a deduction in the case of a citizen or resident the adjusted value of all gifts made during such year which are qualified farm or conservation land if the donee elects the application of this section and files the agreement referred to in subsection (c)(2) with respect to the qualified farm or conservation land. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified farm or conservation land.--The term `qualified farm or conservation land' means any real property-- ``(A) which is located in the United States, ``(B) which, on the date of the gift, was being used-- ``(i) as a farm for farming purposes (within the meaning of section 2032A(e)), or ``(ii) exclusively for conservation purposes (within the meaning of section 170(h)), ``(C) with respect to which there is a recorded covenant which prevents any use of such land which is inconsistent with the uses described in subparagraph (B), and ``(D) which is designated in the agreement referred to in subsection (c)(2). ``(2) Adjusted value.--The term `adjusted value' means the value of the qualified farm or conservation land for purposes of this chapter, reduced by the amount allowable as a deduction under paragraph (4) of section 2053(a). ``(c) Election; Agreement.-- ``(1) Election.--The election under this section shall be made in such manner as the Secretary shall by regulations prescribe. Such an election, once made, shall be irrevocable. ``(2) Agreement.--The agreement referred to in this paragraph is a written agreement signed by each person in being who has an interest (whether or not in possession) in any property designated in such agreement consenting to the application of subsection (d) with respect to such property. ``(3) Modification of election and agreement permitted.-- The procedures prescribed under section 2032A(d)(3) shall apply for purposes of this subsection. ``(d) Tax Treatment of Dispositions and Inconsistent Uses.--In the case of a decedent's estate which includes qualified farm or conservation land with respect to which there is a covenant described in subsection (c)(1)(C) (including such a covenant made by a prior decedent)-- ``(1) Imposition of additional gift tax.--If, at any time after the gift described in subsection (a) and before the death of the donee-- ``(A) the donee disposes of any interest in qualified farm or conservation land and the person acquiring such interest is not subject to the covenant described in subsection (b)(1)(C), or ``(B) the donee uses such land in any manner which violates the terms of such covenant, then, there is hereby imposed an additional gift tax. ``(2) Amount of additional tax.-- ``(A) In general.--The amount of the additional tax imposed by paragraph (1) with respect to any interest shall be the amount equal to the sum of-- ``(i) the adjusted tax difference with respect to the gift, and ``(ii) interest at the underpayment rate established under section 6621 on the amount determined under clause (i) for the period beginning on the date of such gift. ``(B) Adjusted tax difference with respect to gift.--For purposes of this subsection, the term `adjusted tax difference with respect to the gift' means the excess of-- ``(i) what would have been the gift tax liability if the fair market value of the interest at the time of the disposition or use described in paragraph (1), over ``(ii) the gift tax liability. For purposes of this subparagraph, the term `gift tax liability' means the tax imposed by section 2501 reduced by the credits allowable against such tax. ``(3) Certain additional rules to apply.--Rules similar to the rules of paragraphs (2)(D), (2)(E), (3), (4), (5), and (8) of section 2032A(c) shall apply for purposes of this subsection. ``(4) Income tax treatment of dispositions.--For purposes of chapter 1, in any case in which an additional tax is imposed by this subsection by reason of any disposition or use of an interest, such interest (if not otherwise disposed of in a transaction in which gain is recognized) shall be treated as sold at its fair market value at the time of the disposition or use, and gain shall be recognized notwithstanding any provision of subtitle A. ``(e) Certain Additional Rules To Apply.--For purposes of this section, rules similar to the following rules shall apply: ``(1) Certain real property included.--Section 2032A(e)(3)(A). ``(2) Definitions of farm and farming purposes.--Paragraphs (4) and (5) of section 2032A(e). ``(3) Bond in lieu of personal liability.--Section 2032A(e)(11). ``(4) Special rule for woodlands.--Section 2032A(e)(12). ``(5) Statute of limitation.--Section 2032A(f). ``(6) Special rules for involuntary conversions of real property.--Section 2032A(h). ``(7) Exchanges of qualified real property.--Section 2032A(i). ``(f) Cross Reference.--See section 6324C for special lien on farm and conservation land.''. (2) Conforming amendment.--Section 2525 of such Code, as amended by paragraph (1), is amended by striking ``sections 2522 and 2523'' and inserting ``sections 2522, 2523, and 2524''. (3) Clerical amendment.--The table of sections for such subchapter is amended by striking the last item and inserting the following new items: ``Sec. 2524. Gift of farm and conservation land. ``Sec. 2525. Extent of deductions.''. (d) Generation Skipping Tax.-- (1) Exclusion.--Subsection (b) of section 2611 of such Code (relating to certain transfers excluded) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) any transfer which, if made inter vivos by an individual, would be treated as a deduction under section 2524 (relating to gift of farm and conservation land), or''. (2) Applicable rules.--Subsection (b) of section 2611 of such Code is amended by adding at the end the following flush sentence: ``For purposes of paragraph (2), rules similar to the rules of section 2524 shall apply.''. (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, gifts made, and generation- skipping transfers after December 31, 2008.

Farmland Preservation and Land Conservation Act of 2008 - Amends the Internal Revenue Code to allow an estate and gift tax exclusion for real property located in the United States which at the time of a decedent's death was being used as a farm for farming purposes or exclusively for conservation purposes. Imposes: (1) an additional estate or gift tax with respect to such property if an heir or donee disposes of or uses such property for other than farming or conservation purposes; and (2) a federal tax lien on such property until liability for estate or gift tax with respect to such property has been satisfied or has become unenforceable.

To amend the Internal Revenue Code of 1986 to allow an unlimited exclusion from transfer taxes for certain farmland and land of conservation value, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Earmark Reform Commission Act of 2008''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Bipartisan Earmark Reform Commission'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The duties of the Commission shall be to-- (1) develop a clear definition of what constitutes an earmark; (2) consider all policy implications of earmarks, including-- (A) the general history and trends in legislative earmarks, including changes in the numbers and sizes of earmarks; (B) the policy effects of these earmark trends; (C) the extent to which for-profit companies receive legislative earmarks; (D) whether there are disparities between the Members, districts, States, or regions receiving legislative earmarks; (E) the impacts of legislative earmarks on the overall budget and whether there are any effects on specific departments, agencies, initiatives, or issue areas; (F) whether a merit-based or competitive application process similar to what is used in grant funding could be adapted for use in legislative earmarks; (G) whether the current system of disclosure for legislative earmarks is sufficient for purposes of public transparency; (H) the extent to which the executive branch engages in earmarking, analyzed by number and size of earmarks; (I) whether there are any disparities between the Members, districts, States, or regions receiving executive earmarks; and (J) the extent to which earmarked projects are named after current or retired members of Congress (or family members thereof) or executive branch officials (or family members thereof). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 12 members appointed as follows: (1) Three members appointed by the Speaker. (2) Two members appointed by the House minority leader. (3) Three members appointed by Senate majority leader. (4) Two members appointed by Senate minority leader. (5) Two members appointed by the President. (b) Political Affiliation.--Of the members appointed by each appointing authority described in subsection (a) who is a Member of Congress, one appointed by each such Member shall be a Member of Congress. (c) Chair and Co-Chair.--The President shall designate a chairperson and a co-chairperson of the Commission from the members appointed under subsection (a), one of whom shall be a Republican and one of whom shall be a Democrat. (d) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member shall cease to be a member of the Commission. (e) Meetings.--The Commission shall meet upon the call of the chairperson or a majority of its members. (f) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director.-- (1) In general.--Subject to subsection (c) and to the extent provided in advance in appropriation Acts, the Commission shall appoint and fix the pay of a director. (2) Duties.--The director of the Commission shall be responsible for the administration and coordination of the duties of the Commission and shall perform other such duties as the Commission may direct. (b) Staff.--In accordance with rules agreed upon by the Commission, subject to subsection (c), and to the extent provided in advance in appropriation Acts, the director may appoint and fix the pay of additional personnel. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that pay fixed under subsection (a) may not exceed $150,000 per year and pay fixed under subsection (b) may not exceed a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detailee.--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 their regular employment without interruption. (e) Experts and Consultants.--In accordance with rules agreed upon by the Commission and to the extent provided in advance in appropriation Acts, the director may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission may, for the purpose of carrying out this Act, hold such hearings in addition to the town hall style public hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.--To the extent provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to discharge its duties under this Act. SEC. 7. REPORTS. The Commission shall transmit a report to the President and the Congress not later than six months after its establishment. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation and administrative actions to reform the legislative and executive earmark processes. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 7. SEC. 9. CONGRESSIONAL CONSIDERATION OF LEGISLATION RECOMMENDED BY THE COMMISSION. Not later than 60 legislative days after submission of the Commission's report to Congress pursuant to section 7, the majority leader of the House of Representatives and the majority leader of the Senate shall introduce (by request) the legislation set forth in such report.

Bipartisan Earmark Reform Commission Act of 2008 - Establishes the Bipartisan Earmark Reform Commission to: (1) develop a clear definition of what constitutes an earmark; and (2) report findings, conclusions, and recommendations to the President and Congress. Requires the Majority Leaders of the House of Representatives and of the Senate to introduce (by request) the legislation recommended in the report.

To establish the Bipartisan Earmark Reform Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``East Timor Self-Determination Act of 1999''. SEC. 2. FINDING; PURPOSE. (a) Congressional Finding.--Congress recognizes that the Government of Indonesia took a positive and constructive step by agreeing on September 12, 1999, to the deployment of an international peacekeeping force to East Timor. (b) Purpose.--The purpose of this Act is to encourage the Government of Indonesia to take such additional steps as are necessary to create a peaceful environment in which the United Nations Assistance Mission in East Timor (UNAMET) can fulfill its mandate and implement the results of the August 30, 1999, vote on East Timor's political status. SEC. 3. SUSPENSION OF ECONOMIC ASSISTANCE. (a) Multilateral Economic Assistance.-- (1) In general.--Except as provided in subsection (c), the Secretary of the Treasury shall instruct the United States executive directors to the international financial institutions to oppose, and vote against, any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Indonesia. (2) Sense of congress.--It is the sense of Congress that the international financial institutions should withhold the balance of any undisbursed approved loans or other assistance to the Government of Indonesia. (3) International financial institutions defined.--In this subsection, the term ``international financial institution'' includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the Asian Development Bank. (b) Restriction on Bilateral Economic Assistance.--Except as provided in subsection (c), none of the funds appropriated or otherwise made available to carry out chapter 1 of part I (relating to development assistance) or chapter 4 of part II (relating to economic support fund assistance) of the Foreign Assistance Act of 1961 may be available for Indonesia, except subject to the procedures applicable to reprogramming notifications under section 634A of that Act. (c) Exception.--Subsections (a) and (b) shall not apply to the provision of humanitarian assistance (such as food or medical assistance) to Indonesia or East Timor. (d) Conditions for Termination.--The measures described in subsections (a) and (b) shall apply until the President determines and certifies to the appropriate congressional committees that the Government of Indonesia is cooperating with efforts by the international community to establish a safe and secure environment in East Timor and is taking significant steps to-- (1) end the violence perpetrated by units of the Indonesian armed forces and by armed militias opposed to the independence of East Timor; (2) enable displaced persons and refugees to return home; (3) ensure freedom of movement within East Timor, including access by humanitarian organizations to all areas of East Timor; and (4) enable UNAMET to resume its mandate, without threat or intimidation to its personnel. SEC. 4. SUSPENSION OF SECURITY ASSISTANCE. (a) Prohibitions on Cooperation and Support.-- (1) Assistance.--None of the funds appropriated or otherwise made available under the following provisions of law (including unexpended balances of prior year appropriations) may be available for Indonesia: (A) The Foreign Military Financing Program under section 23 of the Arms Export Control Act. (B) Chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance). (C) Chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training assistance). (2) Licensing.--None of the funds appropriated or otherwise made available under the following provisions of law (including unexpended balances of prior year appropriations) may be available for licensing exports of defense articles or defense services to Indonesia under section 38 of the Arms Export Control Act. (3) Deliveries.--No defense article or defense service may be exported or delivered to Indonesia or East Timor by any United States person (as defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. app. 2415) or any other person subject to the jurisdiction of the United States except as may be necessary to support the operations of an international peacekeeping force in East Timor or in connection with the provision of humanitarian assistance. (b) Conditions for Termination.--The measures described in subsection (a) shall apply with respect to the Government of Indonesia until the President determines and certifies to the appropriate congressional committees that-- (1) a generally safe and secure environment exists in East Timor, including-- (A) an end to the violence perpetrated by units of the Indonesian armed forces and by armed militias opposed to the independence of East Timor; (B) the ability of displaced persons and refugees to return home; (C) freedom of movement within East Timor, including access by humanitarian organizations to all areas of East Timor; and (D) the ability of UNAMET to resume its mandate, without threat or intimidation to its personnel; (2) the armed forces of Indonesia clearly-- (A) have ceased engaging in violence in East Timor; (B) have ceased their support and training of armed militias opposed to the independence of East Timor; and (C) are withdrawing their forces from East Timor in cooperation with a United Nations-supervised process of transferring sovereignty from Indonesia to an independent East Timor; and (3) significant steps have been taken to implement the results of the August 30, 1999, vote on East Timor's political status, which expressed the will of a majority of the Timorese people. SEC. 5. MULTILATERAL EFFORTS. The President should continue to coordinate with other countries, particularly member states of the Asia-Pacific Economic Cooperation (APEC) Forum, to develop a comprehensive, multilateral strategy to further the purposes of this Act, including urging other countries to take measures similar to those described in this Act. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.

Prohibits the provision of multilateral and bilateral economic assistance (except humanitarian assistance), or military assistance, or the licensing or delivery of exports of defense articles or defense services (except in connection with the international peacekeeping force) to the Government of Indonesia or East Timor. Urges the President to continue to coordinate with other countries, particularly member states of the Asia-Pacific Economic Cooperation (APEC) Forum, to develop a comprehensive, multilateral strategy to further the purposes of this Act.

East Timor Self-Determination Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Paul Revere Freedom to Warn Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Discrimination against whistleblowers prohibited. Sec. 3. Enforcement action. Sec. 4. Remedies. Sec. 5. State secrets privilege. Sec. 6. Criminal penalties. Sec. 7. Rights retained by covered individual. Sec. 8. Notification. Sec. 9. Definitions. Sec. 10. Effective date; applicability. SEC. 2. DISCRIMINATION AGAINST WHISTLEBLOWERS PROHIBITED. It shall be unlawful for any person to discharge, demote, suspend, reprimand, investigate, or take or fail to take any other personnel action that in any manner discriminates against any covered individual, or in any other manner discriminate against any covered individual (including by a denial, suspension, or revocation of a security clearance or by any other security access determination, or by denial of award of a Federal contract or subcontract), or to threaten or recommend the discharge, demotion, suspension, reprimand, investigation, other personnel action (or rejection of such action) that in any manner discriminates against any covered individual, or other manner of discrimination if such action, discrimination, or recommendation is due, in whole or in part, to any lawful act done, perceived to have been done, or intended to be done by the covered individual-- (1) to provide information, cause information to be provided, or otherwise assist in an investigation or proceeding regarding any conduct which the covered individual reasonably believes constitutes evidence of a violation of any law, rule, or regulation, a threat to national or homeland security, a substantial and specific threat to public health or safety, or fraud, abuse of authority, waste, or mismanagement of public funds, if the information or assistance is provided to or the investigation is conducted by-- (A) a Federal, State, or local regulatory or law enforcement agency (including an office of Inspector General under the Inspector General Act of 1978); (B) any Member of Congress, any committee of Congress, or the Government Accountability Office; (C) any person with supervisory or managerial authority over the covered individual (or any other person who has the authority to investigate, discover, or terminate misconduct); or (D) a potential witness to or other person affected by or aware of the conduct described in this section; (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to an alleged violation of any law, rule, or regulation; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation. SEC. 3. ENFORCEMENT ACTION. (a) In General.--A covered individual who alleges discharge or other discrimination by any person in violation of section 2 may seek relief under section 4 by-- (1) filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days after the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review by a jury in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (b) Procedure.-- (1) In general.--An action under subsection (a)(1) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (2) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made-- (A) to the person named in the complaint; and (B) to the person's employer or, in the case of a Federal contractor or subcontractor, to the instrumentality of the Government with which such contractor or subcontractor has entered into, or submitted an offer to enter into, a contract. (3) Burdens of proof.--An action brought under subsection (a)(2) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (4) Statute of limitations.--An action under subsection (a) shall be commenced not later than 6 years after the date on which the alleged violation occurred. SEC. 4. REMEDIES. (a) In General.--A covered individual prevailing in any action under section 3(a) shall be entitled to all relief appropriate to make the covered individual whole. (b) Damages.--Relief for any action under subsection (a) may include-- (1) reinstatement with the same seniority status and employment grade or pay level (or the equivalent) that the covered individual would have had, but for the discrimination; (2) compensatory damages, including the amount of any back pay, with interest; (3) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorneys fees; and (4) punitive damages in an amount not to exceed the greater of 3 times the amount of any monetary damages awarded under this Act (apart from this paragraph) or $5,000,000. SEC. 5. STATE SECRETS PRIVILEGE. If, in any action brought under section 3(a)(2), the Government asserts as a defense the privilege commonly referred to as the ``state secrets privilege'' and the assertion of such privilege prevents the plaintiff from establishing a prima facie case in support of the plaintiff's claim, the court shall enter judgment for the plaintiff and shall determine the relief to be granted. SEC. 6. CRIMINAL PENALTIES. (a) In General.--Any person violating section 2 may be fined under title 18 of the United States Code, imprisoned not more than 10 years, or both. (b) Reporting Requirements.--The Department of Justice shall (based on such periodic reports and other information from the Department of Labor as the Department of Justice may require) submit to Congress an annual report on the enforcement of subsection (a). Each such report shall-- (1) identify each case in which formal charges under subsection (a) were brought; (2) describe the status or disposition of each such case; and (3) in any actions under section 3(a)(2) in which the covered individual was the prevailing party or the substantially prevailing party, indicate whether or not any formal charges under subsection (a) have been brought and, if not, the reasons therefor. SEC. 7. RIGHTS RETAINED BY COVERED INDIVIDUAL. Nothing in this Act shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement. The rights and remedies in this Act may not be waived by any agreement, policy, form, or condition of employment. SEC. 8. NOTIFICATION. The provisions of this Act shall be prominently posted in any place of employment to which this Act applies. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``covered individual'' means an employee or a member of the uniformed services (as defined by section 2101(3) of title 5, United States Code)-- (A) serving in or under-- (i) an Executive agency (as defined by section 105 of such title 5), a military department (as defined by section 103 of such title 5), or any other instrumentality of the Government (which, for purposes of this Act, includes the Department of Homeland Security, the Transportation Security Administration, and any other instrumentality of the Government, notwithstanding any special personnel authorities which might be available to such instrumentality under law); (ii) a Federal contractor or subcontractor; or (iii) the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and any other federally chartered entity; or (B) employed by an employer within the meaning of section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)); (2) the term ``employee'' means-- (A) with respect to an employer referred to in paragraph (1)(A)(i), an employee as defined by section 2105 of title 5, United States Code; and (B) with respect to an employer referred to in paragraph (1)(A)(ii) or (1)(B), any officer, partner, employee, or agent; such term, as defined by subparagraph (A), includes an individual holding a position in an instrumentality of the Government identified in the parenthetical matter under paragraph (1)(A); (3) the term ``evidence'' means information that meets the standard for admissibility under the Federal Rules of Evidence, or is used as part of the record in support of a finding in an investigative report or decision by a government office with jurisdiction; (4) the term ``Federal contractor'' means a person who has entered into, or responded to a request for proposals or solicitation for bids to enter into, a contract with an instrumentality of the Government; (5) the term ``lawful'' means not specifically prohibited by law, except that, in the case of any information the disclosure of which is specifically prohibited by Federal statute or specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs, any disclosure of such information to any Member of Congress, committee of Congress, or other recipient authorized to receive such information, shall be deemed lawful; (6) the term ``law, rule, or regulation'' refers to a law of the United States and any rule or regulation prescribed under any such law; (7) the term ``person'' means a corporation, partnership, State entity, business association of any kind, trust, joint- stock company, or individual; (8) the term ``reasonably believes'', with respect to information provided by a covered individual, means only that a disinterested observer with knowledge of the essential facts known to and readily ascertained by the covered individual could conclude that the information constitutes evidence of conduct described under section 2(1); and (9) the term ``subcontractor'', with respect to a Federal contractor, means any person, other than the Federal contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a contract with an instrumentality of the Government or a subcontract (at any tier) entered into under such a contract. SEC. 10. EFFECTIVE DATE; APPLICABILITY. (a) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act. (b) Applicability.--This Act shall apply to-- (1) any administrative or judicial proceeding pending on the effective date of this Act; and (2) any administrative or judicial proceeding brought on or after the effective date of this Act.

Paul Revere Freedom to Warn Act - Makes it unlawful to take any adverse personnel action against any covered individual if such individual has acted lawfully to: (1) provide information or assistance in an investigation or proceeding regarding any conduct which the covered individual reasonably believes constitutes evidence of a violation of any law, rule, or regulation, a threat to national homeland security, a substantial and specific threat to public health or safety, or fraud, abuse of authority, waste, or mismanagement of public funds, if the information or assistance is provided to, or the investigation is conducted by, specified individuals, including law enforcement authorities, Members of Congress, or supervisors of such individual; (2) file, testify, participate in, or assist in a proceeding or action relating to an alleged violation of any law, rule, or regulation; or (3) refuse to violate or assist in the violation of any law, rule or regulation. Specifies the enforcement actions under which a covered individual who alleges discharge or other discrimination by any person in violation of such requirement may seek relief. Entitles a covered individual prevailing in any such action to all relief appropriate to make such individual whole. Sets forth criminal penalties for violations of this Act. Requires the Department of Justice to submit annual reports on the enforcement of such violations. Requires this Act's provisions to be prominently posted in places of employment to which it applies.

To improve whistleblower protections.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Terrorism Risk Insurance Program Reauthorization Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of act of terrorism. Sec. 3. Reauthorization of the Program. Sec. 4. Annual liability cap. Sec. 5. Enhanced reports to Congress. SEC. 2. DEFINITION OF ACT OF TERRORISM. Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``acting on behalf of any foreign person or foreign interest''. SEC. 3. REAUTHORIZATION OF THE PROGRAM. (a) Termination Date.--Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``2007'' and inserting ``2014''. (b) Additional Program Years.--Section 102(11) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following: ``(G) Additional program years.--Except when used as provided in subparagraphs (B) through (F), the term `Program Year' means, as the context requires, any of Program Year 1, Program Year 2, Program Year 3, Program Year 4, Program Year 5, or any of calendar years 2008 through 2014.''. (c) Conforming Amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in section 102(7)(F)-- (A) by inserting ``and each Program Year thereafter'' before ``, the value''; and (B) by striking ``preceding Program Year 5'' and inserting ``preceding that Program Year''; (2) in section 103(e)(1)(A), by inserting ``and each Program Year thereafter'' after ``Year 5''; (3) in section 103(e)(1)(B)(ii), by inserting before the period at the end ``and any Program Year thereafter''; (4) in section 103(e)(2)(A), by striking ``of Program Years 2 through 5'' and inserting ``Program Year thereafter''; (5) in section 103(e)(3), by striking ``of Program Years 2 through 5,'' and inserting ``other Program Year''; and (6) in section 103(e)(6)(E), by inserting ``and any Program Year thereafter'' after ``Year 5''. SEC. 4. ANNUAL LIABILITY CAP. (a) In General.--Section 103(e)(2) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in subparagraph (A)-- (A) by striking ``(until such time as the Congress may act otherwise with respect to such losses)''; and (B) in clause (ii), by striking ``that amount'' and inserting ``the amount of such losses''; and (2) in subparagraph (B), by inserting before the period at the end ``, except that, notwithstanding paragraph (1) or any other provision of Federal or State law, no insurer may be required to make any payment for insured losses in excess of its deductible under section 102(7) combined with its share of insured losses under paragraph (1)(A) of this subsection''. (b) Notice to Congress.--Section 103(e)(3) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by adding at the end the following: ``The Secretary shall provide an initial notice to Congress not later than 15 days after the date of an act of terrorism, stating whether the Secretary estimates that aggregate insured losses will exceed $100,000,000,000.''; and (2) by striking ``and the Congress shall'' and all that follows through the end of the paragraph and inserting a period. (c) Regulations for Pro Rata Payments; Report to Congress.--Section 103(e)(2)(B) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by striking ``For purposes'' and inserting the following: ``(i) In general.--For purposes''; and (2) by adding at the end the following: ``(ii) Regulations.--Not later than 240 days after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Secretary shall issue final regulations for determining the pro rata share of insured losses under the Program when insured losses exceed $100,000,000,000, in accordance with clause (i). ``(iii) Report to congress.--Not later than 120 days after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Secretary shall provide a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the process to be used by the Secretary for determining the allocation of pro rata payments for insured losses under the Program when such losses exceed $100,000,000,000.''. (d) Disclosure.--Section 103(b) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) in the case of any policy that is issued after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the insurer provides clear and conspicuous disclosure to the policyholder of the existence of the $100,000,000,000 cap under subsection (e)(2), at the time of offer, purchase, and renewal of the policy;''. SEC. 5. ENHANCED REPORTS TO CONGRESS. (a) Study and Report on Insurance for Nuclear, Biological, Chemical, and Radiological Terrorist Events.--Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following: ``(f) Insurance for Nuclear, Biological, Chemical, and Radiological Terrorist Events.-- ``(1) Study.--The Comptroller General of the United States shall examine-- ``(A) the availability and affordability of insurance coverage for losses caused by terrorist attacks involving nuclear, biological, chemical, or radiological materials; ``(B) the outlook for such coverage in the future; and ``(C) the capacity of private insurers and State workers compensation funds to manage risk associated with nuclear, biological, chemical, and radiological terrorist events. ``(2) Report.--Not later than 1 year after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Comptroller General shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a detailed statement of the findings under paragraph (1), and recommendations for any legislative, regulatory, administrative, or other actions at the Federal, State, or local levels that the Comptroller General considers appropriate to expand the availability and affordability of insurance for nuclear, biological, chemical, or radiological terrorist events.''. (b) Study and Report on Availability and Affordability of Terrorism Insurance in Specific Markets.--Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following: ``(g) Availability and Affordability of Terrorism Insurance in Specific Markets.-- ``(1) Study.--The Comptroller General of the United States shall conduct a study to determine whether there are specific markets in the United States where there are unique capacity constraints on the amount of terrorism risk insurance available. ``(2) Elements of study.--The study required by paragraph (1) shall contain-- ``(A) an analysis of both insurance and reinsurance capacity in specific markets, including pricing and coverage limits in existing policies; ``(B) an assessment of the factors contributing to any capacity constraints that are identified; and ``(C) recommendations for addressing those capacity constraints. ``(3) Report.--Not later than 180 days after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Comptroller General shall submit a report on the study required by paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.''. (c) Ongoing Reports.--Section 108(e) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in paragraph (1)-- (A) by inserting ``ongoing'' before ``analysis''; and (B) by striking ``, including'' and all that follows through the end of the paragraph, and inserting a period; and (2) in paragraph (2)-- (A) by inserting ``and thereafter in 2010 and 2013,'' after ``2006,''; and (B) by striking ``subsection (a)'' and inserting ``paragraph (1)''.

Terrorism Risk Insurance Program Reauthorization Act of 2007 - (Sec. 2) Amends the Terrorism Risk Insurance Act to revise the definition of an act of terrorism for terrorism risk insurance purposes to eliminate the requirement that the individual or individuals committing a terrorist act be acting on behalf of any foreign person or foreign interest. Extends the Terrorism Risk Insurance Program through calendar 2014. (Sec. 4) States that no insurer may be required to make payment for insured losses in excess of its statutory deductible, combined with its statutory share of insured losses. Requires the Secretary of the Treasury to: (1) notify Congress within 15 days of an act of terrorism on whether the Secretary estimates that aggregate insured losses will exceed $100 billion; (2) promulgate final regulations for determining the pro rata share of insured losses which exceed $100 billion; and (3) report to Congress on the process used to determine the allocation of pro rata payments when insured losses exceed $100 billion. Requires insurers to disclose to policyholders the $100 billion cap on liability. (Sec. 5) Directs the Comptroller General to study and report to certain congressional committees regarding: (1) the availability and affordability of insurance coverage for losses caused by terrorist attacks involving nuclear, biological, chemical, or radiological materials; (2) the outlook for such coverage in the future; (3) the capacity of private insurers and state workers compensation funds to manage risk associated with such events; and (4) whether there are specific markets in the United States with unique capacity constraints on the amount of terrorism risk insurance available.

An original bill to reauthorize the Federal terrorism risk insurance program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Guaranteed Bonus Act of 2007''. SEC. 2. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA. (a) Discretion to Provide Exception to Termination and Repayment Requirements Under Certain Circumstances.--Section 303a(e) of title 37, United States Code, is amended-- (1) in the subsection heading, by inserting ``; Termination of Entitlement to Unpaid Amounts'' after ``Met''; (2) in paragraph (1)-- (A) by striking ``A member'' and inserting ``(A) Except as provided in paragraph (2), a member''; and (B) by striking ``the requirements, except in certain circumstances authorized by the Secretary concerned.'' and inserting ``the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.''; and (3) by redesignating paragraph (2) as subparagraph (B) of paragraph (1). (b) Mandatory Payment of Unpaid Amounts Under Certain Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of title 37, United States Code, is amended by inserting after paragraph (1), as amended by subsection (a), the following new paragraph (2): ``(2)(A) If a member of the uniformed services dies (other than as a result the member's misconduct) or is retired or separated for disability under chapter 61 of title 10, the Secretary concerned-- ``(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus or similar benefit previously paid to the member; and ``(ii) shall require the payment to the member or the member's estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. ``(B) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation. ``(C) Amounts to be paid to a member or the member's estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.''. (c) Conforming Amendments Reflecting Consolidated Special Pay and Bonus Authorities.-- (1) Conforming amendments.--Section 373 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008, is amended-- (A) in subsection (a)-- (i) in the subsection heading, by inserting ``and Termination'' after ``Repayment''; and (ii) by inserting before the period at the end the following: ``, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement''; and (B) by striking subsection (b) and inserting the following new subsection: ``(b) Exceptions.-- ``(1) Discretion to provide exception to termination and repayment requirements.--Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. ``(2) Mandatory payment of unpaid amounts under certain circumstances; no repayment of unearned amounts.--(A) If a member of the uniformed services dies (other than as a result the member's misconduct) or is retired or separated for disability under chapter 61 of title 10, the Secretary concerned-- ``(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and ``(ii) shall require the payment to the member or the member's estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. ``(B) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation. ``(C) Amounts to be paid to a member or the member's estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.''. (2) Clerical amendments.-- (A) Section heading.--The heading of such section is amended to read as follows: ``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met''. (B) Table of contents.--The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by striking the item relating to section 373 and inserting the following new item: ``373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met.''. (d) Condition on Implementation.--The implementation by the Secretary of Defense and the Secretary concerned (as defined in section 101 of title 37, United States Code) of sections 303a(e) and 373 of such title, as amended by this section, during fiscal year 2008 shall be subject to the availability of funds for this purpose included in an appropriations Act enacted on or after the date of the enactment of this Act. Passed the House of Representatives December 18, 2007. Attest: LORRAINE C. MILLER, Clerk.

Veterans Guaranteed Bonus Act of 2007 - Veterans Guaranteed Bonus Act of 2007 - Requires a member of the Armed Forces who receives a bonus or similar benefit subject to the condition that the member continue to satisfy certain eligibility requirements to repay the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and prohibits receiving any unpaid amounts, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. Provides that if a member dies (other than as a result of their own misconduct) or is separated or retired due to a combat-related injury, then the Secretary concerned shall: (1) not require repayment by the member or member's estate of the unearned portion of any bonus or special pay previously paid to the member; and (2) require the payment to the member or member's estate of the remainder of any bonus or special pay not yet paid, but to which the member was entitled to immediately before their death, retirement, or separation. Requires the latter payment to made in a lump sum within 90 days after such death, retirement, or separation. Provides the same discretionary authority and requirements as above for the Secretary concerned with respect to repayment by a member of the unearned portion of any military bonus, special pay, or similar benefit when the member fails to satisfy any service or eligibility requirement.

To amend title 37, United States Code, to require the continued payment to a member of the uniformed services who dies or is retired or separated under chapter 61 of title 10, United States Code, bonuses and similar benefits that the member was entitled to before the death, retirement, or separation of the member and would be paid if the member had not died, retired, or separated, to prohibit requiring the member to repay any portion of the bonuses or similar benefits previously paid, and for other purposes.

SECTION 1. EXPENSING OF QUALIFIED DISASTER EXPENSES. (a) In General.--Paragraph (2) of section 198A(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``before January 1, 2010'' in subparagraph (A) and inserting ``before January 1, 2010, or during September 2013'', and (2) by striking ``before such date'' each place it appears in subparagraphs (B) and (C) and inserting ``before January 1, 2010, or during September 2013''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after August 31, 2013. SEC. 2. INCREASED LIMITATION ON CHARITABLE CONTRIBUTIONS FOR DISASTER RELIEF. (a) Individuals.--Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Qualified disaster contributions.-- ``(i) In general.--Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 80 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. ``(iii) Coordination with other subparagraphs.--For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A) and such subparagraph shall be applied without regard to such contributions. ``(iv) Qualified disaster contributions.-- For purposes of this subparagraph, the term `qualified disaster contribution' means any charitable contribution if-- ``(I) such contribution is for relief efforts related to a federally declared disaster (as defined in section 165(h)(3)(C)(i)) which occurs after August 31, 2013, ``(II) such contribution is made during the period beginning on the applicable disaster date with respect to the disaster described in subclause (I) and ending on December 31, 2014, and ``(III) such contribution is made in cash to an organization described in subparagraph (A) (other than an organization described in section 509(a)(3)). Such term shall not include a contribution if the contribution is for establishment of a new, or maintenance in an existing, donor advised fund (as defined in section 4966(d)(2)). ``(v) Applicable disaster date.--For purposes of clause (iv)(II), the term `applicable disaster date' means, with respect to any federally declared disaster described in clause (iv)(I), the date on which the disaster giving rise to the Presidential declaration described in section 165(h)(3)(C)(i) occurred. ``(vi) Substantiation requirement.--This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in clause (iv)(III).''. (b) Corporations.-- (1) In general.--Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified disaster contributions.-- ``(i) In general.--Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 20 percent of the taxpayer's taxable income over the amount of charitable contributions allowed under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. ``(iii) Qualified disaster contribution.-- The term `qualified disaster contribution' has the meaning given such term under paragraph (2)(F)(iv). ``(iv) Substantiation requirement.--This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in paragraph (1)(F)(iv)(III).''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 170(b)(2) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraphs (B) and (C) apply''. (B) Subparagraph (B) of section 170(b)(2) of such Code is amended by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (C)''. (c) Effective Date.--The amendments made by this section shall apply to contributions after August 31, 2013.

Amends the Internal Revenue Code, with respect to tax relief for federally-declared disasters, to: (1) allow the expensing of qualified disaster expenses (i.e., for removal of debris, demolition, and repair of business-related property) for a disaster occurring during September 2013; (2) allow individual taxpayers an increased tax deduction for charitable contributions made for relief efforts related to a federally-declared disaster which occurs after August 31, 2013, if such contributions are made by December 31, 2014; and (3) allow corporations an increased tax deduction for disaster-related charitable contributions.

To amend the Internal Revenue Code of 1986 to provide tax relief for damages relating to federally declared disasters during September 2013, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caddo Lake National Heritage Area Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Caddo lake heritage area commission.--The term ``Caddo Lake Heritage Area Commission'' means the management entity for the Heritage Area. (2) Heritage area.--The term ``Heritage Area'' means the Caddo Lake National Heritage Area established by section 3(a). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 4. (4) Map.--The term ``map'' means the map prepared under section 3(b). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means each of the States of-- (A) Louisiana; and (B) Texas. SEC. 3. CADDO LAKE NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the States the Caddo Lake National Heritage Area. (b) Boundaries.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map depicting the boundaries of the Heritage Area. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the Caddo Lake Heritage Area Commission. (d) Caddo Lake Heritage Area Commission.--The Caddo Lake Heritage Area Commission shall-- (1) serve as the management entity for the Heritage Area; (2) oversee the development of the management plan; and (3) be governed by a board of directors that shall-- (A) include members that represent a geographic balance across the applicable counties and the States; (B) be composed of not fewer than 7, and not more than 15, members elected by the membership of the Caddo Lake Heritage Area Commission; (C) be selected to represent a balanced group of diverse interests, including-- (i) the forest industry; (ii) the energy or mineral resources industry; (iii) environmental interests; (iv) cultural heritage interests; (v) tourism interests; and (vi) regional agency partners; (D) exercise all corporate powers of the Caddo Lake Heritage Area Commission; (E) manage the activities and affairs of the Caddo Lake Heritage Area Commission; and (F) subject to any limitations in the articles and bylaws of the Caddo Lake Heritage Area Commission, this Act, and any other applicable Federal or State law, establish the policies of the Caddo Lake Heritage Area Commission. SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Caddo Lake Heritage Area Commission shall develop and submit to the Secretary for approval a management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) describe comprehensive policies, goals, strategies, and recommendations for-- (A) presenting to the citizens of the United States the heritage of the region; and (B) encouraging the long-term resource conservation, enhancement, interpretation, funding, management, and development of the Heritage Area; (2) take into consideration and coordinate Federal, State, and local plans to present a unified historic preservation and interpretation plan for the Heritage Area; (3) involve residents, public agencies, and private organizations of the Heritage Area; (4) describe actions that units of government, private organizations, and citizens recommend for the conservation, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area; (5) identify-- (A) existing and potential sources of funding for the conservation, enhancement, interpretation, management, and development of the resources of the Heritage Area; and (B) economic development strategies for the conservation, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area; (6) include-- (A) an inventory of the cultural, natural, historical, educational, scenic, and recreational resources contained in the Heritage Area, including a list of property that-- (i) is related to the themes of the Heritage Area; and (ii) should be conserved, enhanced, managed, or developed; (B) a recommendation of policies and strategies for resource management and conservation, including the development of intergovernmental cooperative agreements to manage and conserve the cultural, natural, historical, educational, scenic, and recreational resources of the Heritage Area; (C) a program of strategies and actions to implement the management plan that includes-- (i) performance goals; (ii) resource conservation plans; (iii) enhancement strategies; (iv) interpretation strategies; and (v) specific commitments for implementation that have been made by the Caddo Lake Heritage Area Commission or any government, organization, business, or individual; (D) an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated to further the purposes of this Act, including an analysis of the role of the National Park Service and other Federal agencies associated with the Heritage Area; (E) a business plan that-- (i) describes the role, operation, financing, and functions of-- (I) the Caddo Lake Heritage Area Commission; and (II) each of the major activities included in the management plan; and (ii) provides adequate assurances that the Caddo Lake Heritage Area Commission has the partnerships and financial and other resources necessary to implement the management plan; and (F) an interpretive plan for the Heritage Area; and (7) describe any revisions to the boundaries of the Heritage Area-- (A) proposed by the Caddo Lake Heritage Area Commission; and (B) requested by the affected local government. (c) Approval of Management Plan.-- (1) Review.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary shall review and approve or disapprove the management plan. (2) Criteria.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management plan meets all requirements described in subsection (b); and (B) the Caddo Lake Heritage Area Commission has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan. (d) Action Following Disapproval.--If the Secretary disapproves the management plan under subsection (c)(1), the Secretary shall-- (1) advise the Caddo Lake Heritage Area Commission in writing of the reasons for the disapproval; (2) make recommendations for revisions to the management plan; and (3) not later than 180 days after the date of receipt of a proposed revision to the management plan, approve or disapprove the proposed revision. (e) Amendments.--The Secretary shall review and approve or disapprove each amendment to the management plan that the Secretary determines may substantially alter the purposes of the Heritage Area. (f) Effect of Inaction.--If the Secretary does not approve or disapprove a management plan or a revision or change to a management plan by the date that is 180 days after the date on which the management plan or revision or change to the management plan is submitted, the management plan, revision, or change shall be considered to have been approved by the Secretary. SEC. 5. AUTHORITIES AND DUTIES OF THE CADDO LAKE HERITAGE AREA COMMISSION. (a) Authorities.--For purposes of preparing and carrying out the management plan, the Caddo Lake Heritage Area Commission may-- (1) make grants to-- (A) political jurisdictions of the States; (B) nonprofit organizations; and (C) other persons or entities located in the Heritage Area; (2) enter into cooperative agreements with, or provide technical assistance to-- (A) political jurisdictions of the States; (B) nonprofit organizations; (C) the heads of Federal agencies; and (D) other interested persons or entities; (3) hire and compensate staff who have demonstrated expertise in the fields of-- (A) cultural, natural, and historical resources conservation; (B) economic and community development; (C) forestry; or (D) heritage planning; (4) obtain money or services from any source, including any money or services provided under any other Federal program or law, in which case the Federal share of the cost of any activity carried out using Federal funds shall be not more than 50 percent; (5) contract for goods or services; and (6) support activities of partners and any other activities that-- (A) further the purposes of the Heritage Area; and (B) are consistent with the management plan. (b) Duties.--In addition to developing the management plan, the Caddo Lake Heritage Area Commission shall-- (1) for any fiscal year for which Federal funds have been expended for the Heritage Area by the Caddo Lake Heritage Area Commission under this Act-- (A) submit to the Secretary an annual report that describes-- (i) the specific performance goals and accomplishments of the Caddo Lake Heritage Area Commission; (ii) the expenses and income of the Caddo Lake Heritage Area Commission; (iii) the amounts and sources of matching funds; (iv) the amounts leveraged with Federal funds and the sources of the leveraging; and (v) any grants made to any other entities during the fiscal year; and (B) make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and (2) encourage, by appropriate means and consistent with the purposes of the Heritage Area, the economic viability of the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The Caddo Lake Heritage Area Commission shall not use Federal funds to acquire real property or any interest in real property. SEC. 6. AUTHORITIES AND DUTIES OF THE SECRETARY. (a) Technical and Financial Assistance.--On request of the Caddo Lake Heritage Area Commission, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, to the Caddo Lake Heritage Area Commission for-- (1) the development and implementation of the management plan; and (2) other initiatives of the Caddo Lake Heritage Area Commission. (b) Cooperative Agreements.-- (1) In general.--To carry out this Act, the Secretary may enter into cooperative agreements with the Caddo Lake Heritage Area Commission and other public and private entities to provide assistance under subsection (a). (2) Requirements.--A cooperative agreement entered into under paragraph (1) shall, at a minimum-- (A) establish the goals and objectives of the Heritage Area; and (B) include-- (i) a proposal relating to the conservation and interpretation of the Heritage Area; and (ii) a general outline describing each measure agreed to by the Secretary and the Caddo Lake Heritage Area Commission. SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of any Federal official to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct an activity that may have an impact on the Heritage Area shall, to the maximum extent practicable-- (1) consult with the Secretary and the Caddo Lake Heritage Area Commission regarding the activity; and (2) coordinate the activity with the Secretary and the Caddo Lake Heritage Area Commission. (c) Effect on Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law (including a regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 8. PROPERTY OWNERS AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner-- (A) to permit public access (including Federal, Tribal, State, or local government access) to the property of the property owner; or (B) to modify any provisions of Federal, Tribal, State, or local law with regard to public access or use of private land; (3) alters any duly adopted land use regulation, any approved land use plan, or any other regulatory authority of any Federal, State, or local agency or Tribal government; (4) conveys any land use or other regulatory authority to the Caddo Lake Heritage Area Commission; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; (7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property; (8) abridges, or authorizes the Secretary or the Caddo Lake Heritage Area Commission to abridge, valid rights to timber harvesting; or (9) abridges, restricts, or alters the rights of any property owner with regard to the property of the property owner. SEC. 9. EVALUATION. (a) In General.--Not later than 3 years after the date of the approval of the management plan under section 4(c), the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation Components.--An evaluation prepared under subsection (a)(1) shall-- (1) assess the progress of the Caddo Lake Heritage Area Commission with respect to-- (A) accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Caddo Lake National Heritage Area Act of 2018 This bill establishes the Caddo Lake National Heritage Area in Louisiana and Texas. The bill designates the Caddo Lake Heritage Area Commission as the management entity for the area. The commission shall submit a management plan for the area. Such plan must contain an inventory of the cultural, natural, historical, educational, scenic, and recreational resources in the area, including a list of the property that is related to the area's themes and that should be conserved, enhanced, managed, or developed.

Caddo Lake National Heritage Area Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limestone Hills Training Area Withdrawal Act''. SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR LIMESTONE HILLS TRAINING AREA, MONTANA. (a) Withdrawal.--Subject to valid existing rights and except as provided in this Act, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation; Purpose.--Subject to the limitations and restrictions contained in section 4, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for active and reserve components of the Armed Forces. (2) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2). (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (c) Land Description.--The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as ``Proposed Land Withdrawal'' on the map titled ``Limestone Hills Training Area Land Withdrawal'', dated April 10, 2013. (d) Legal Description and Map.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land. (2) Force of law.--The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (3) Reimbursement of costs.--The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection. (e) Indian Tribes.--Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law. SEC. 3. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS. During the period of the withdrawal and reservation specified in section 6, the Secretary of the Army shall manage the public lands withdrawn by section 2 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 4. SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGEMENT. (a) Indian Creek Mine.-- (1) In general.--Of the lands withdrawn by section 2, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM-78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Of the lands withdrawn by section 2, the land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent necessary to preserve the mining operations described in the approved plan of operations. (2) Restrictions on secretary of the army.--The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). (b) Removal of Unexploded Ordnance on Lands To Be Mined.-- (1) Removal activities.--Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (2) Report on removal activities.--The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include-- (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. (c) Implementation Agreement for Mining Activities.--The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 2, but may be amended from time to time. The agreement shall provide the following: (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, is invited to be a party to the agreement. (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. (3) Provisions addressing when military and other authorized uses of the withdrawn lands will occur. (4) Provisions regarding when and where military use or training with explosive material will occur. (5) Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and sanction of anticipated changes to the schedule. (6) Provisions regarding liability and compensation for damages or injury caused by mining or military training activities. (7) Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (8) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (9) Procedures for scheduling of the removal of unexploded ordnance. (d) Existing Memorandum of Agreement.--Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 2 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US Inc. and the Bureau of Land Management. SEC. 5. GRAZING. (a) Issuance and Administration of Permits and Leases.--The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 2 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety Requirements.--With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 2, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment.--The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 2. SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION. The military land withdrawal made by section 2 shall terminate on March 31, 2039. SEC. 7. PAYMENTS IN LIEU OF TAXES. The lands withdrawn by section 2 shall remain eligible as entitlement land under 31 U.S.C. 6901. SEC. 8. HUNTING, FISHING AND TRAPPING. All hunting, fishing and trapping on the lands withdrawn by section 2 shall be conducted in accordance with the provisions of 10 U.S.C. 2671. SEC. 9. WATER RIGHTS. (a) Water Rights.--Nothing in this Act shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 2; or (2) to authorize the appropriation of water on lands withdrawn by section 2 except in accordance with applicable State law. (b) Effect on Previously Acquired or Reserved Water Rights.--This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act. SEC. 10. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION. (a) Required Activities.--The Secretary of the Army shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section 2, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities. (b) Cooperation of Secretary of the Interior.--At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding 10 U.S.C. 2215, the Secretary of the Army may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance. SEC. 11. ON-GOING DECONTAMINATION. During the withdrawal and reservation authorized by section 2, the Secretary of the Army shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 10 U.S.C. 2711. SEC. 12. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION. (a) Notice.--To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 2, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 2 after the termination date of such withdrawal and reservation. The Secretary of the Army shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Filing for Extension.--If the Secretary of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals and reservations. SEC. 13. LIMITATION ON SUBSEQUENT AVAILABILITY OF LANDS FOR APPROPRIATION. At the time of termination of a withdrawal and reservation made by section 2, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. SEC. 14. RELINQUISHMENT. (a) Notice of Intention to Relinquish.--If, during the period of withdrawal and reservation under section 2, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army shall file a notice of intention to relinquish with the Secretary of the Interior. (b) Determination of Contamination.--As a part of the notice under subsection (a), the Secretary of the Army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. (c) Public Notice.--The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. (d) Decontamination of Lands to Be Relinquished.-- (1) If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the Army, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) If the Secretary of the Interior, after consultation with the Secretary of the Army, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (3) If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 2 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws-- (A) the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (B) after the expiration of the withdrawal and reservation, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. (e) Revocation Authority.--Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of the withdrawal and reservation made by section 2 as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall-- (1) terminate the withdrawal and reservation; (2) constitute official acceptance of the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by Secretary of the Interior.--Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress.

Limestone Hills Training Area Withdrawal Act - (Sec. 2) Withdraws from all forms of appropriation under public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, 18,644 acres of public lands and interests in Broadwater County, Montana, identified on the map titled the "Limestone Hills Training Area Land Withdrawal." Reserves the withdrawn lands for use for: (1) training for active and reserve components of the Armed Forces; (2) construction and operation of support and maintenance facilities for such components; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Prohibits anything in this Act from being construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal area by treaty or federal law. Requires the Secretary of the Army (the Secretary) to consult with any Indian tribes in the vicinity of the withdrawal area before taking action affecting tribal rights or cultural resources protected by treaty or federal law. (Sec. 4) Sets forth special rules regarding: (1) mining the Indian Creek Mine and the removal of unexploded ordnance, and (2) grazing permits and leases on withdrawn lands. Directs the Secretary and the Secretary of the Interior to enter into a specified agreement regarding coordination of defense-related uses and mining and the on-going removal of unexploded ordnance. (Sec.6) Terminates the military land withdrawal and reservation on March 31, 2039. (Sec. 7) Declares the withdrawn lands to remain eligible as entitlement land for purposes of the Payments in Lieu of Taxes (PILT) Program. (Sec. 8) Permits hunting, fishing, and trapping on the withdrawn lands. (Sec. 9) Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn lands, or (2) authorize the appropriation of water on such lands except in accordance with applicable state law. (Sec. 10) Requires the Secretary to take necessary precautions to prevent and suppress brush and range fires resulting from military activities on the withdrawn and reserved lands. Requires the Secretary of the Interior, at the Secretary's request, to assist in the suppression of such fires, and be reimbursed by the Secretary. (Sec. 11) Directs the Secretary to maintain a program of decontamination of contamination caused by defense-related uses on the withdrawn and reserved lands. (Sec. 12) Prescribes a procedure for application for renewal of a withdrawal and reservation. (Sec. 13) Declares that, upon termination of a withdrawal and reservation under this Act, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes an appropriate order specifying when such lands shall be restored to the public domain and opened for such purposes. (Sec. 14) Prescribes a procedure, during the period of withdrawal and reservation, for relinquishment to the Secretary of the Interior of any or all of the lands withdrawn and reserved, if the Secretary decides to relinquish them. Requires the Secretary to decontaminate any contaminated land if practicable and economically feasible. Absolves the Secretary of the Interior of any obligation to accept: (1) contaminated lands if their decontamination is not practicable and economically feasible, or (2) any lands determined not suitable for return to the public domain.

Limestone Hills Training Area Withdrawal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breastfeeding Promotion and Employers' Tax Incentive Act''. SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. (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. 45D. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. ``(a) In General.--For purposes of section 38, the breastfeeding promotion and support credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified breastfeeding promotion and support expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed the product of-- ``(1) $10,000, and ``(2) the number determined by dividing the average number of full-time employees of the taxpayer during the preceding taxable year by 8,000. ``(c) Qualified Breastfeeding Promotion and Support Expenditure.-- For purposes of this section-- ``(1) In general.--The term `qualified breastfeeding promotion and support expenditure' means any amount paid or incurred in connection with a trade or business of the taxpayer-- ``(A) for breast pumps and other equipment specially designed to assist mothers who are employees of the taxpayer to breastfeed or express milk for their children but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) for consultation services to the taxpayer or employees of the taxpayer relating to breastfeeding. ``(2) Costs of other exclusive use property included.--Such term includes any amount paid or incurred for the acquisition or lease of tangible personal property (not described in paragraph (1)(A)) which is exclusively used by mothers who are employees of the taxpayer to breastfeed or express milk for their children unless such property is located in any residence of the taxpayer or any employee of the taxpayer. ``(d) Recapture of Credit.-- ``(1) In general.--If, during any taxable year, any property for which a credit was allowed under this section is disposed of or otherwise ceases to be used by the taxpayer as required by this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. The preceding sentence shall not apply to property leased to the taxpayer. ``(2) Recapture percentage.--For purposes of this subsection, the recapture percentage shall be determined in accordance with the following table: The recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 60 Year 3............................... 30 Year 4 or thereafter................. 0. The references to years in the preceding table are references to the consecutive taxable years beginning with the taxable year in which the property is placed in service by the taxpayer as year 1. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3) and (4), and subparagraphs (B) and (C) of paragraph (5), of section 50(a) shall apply for purposes of this subsection. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--For purposes of subsection (b), all persons which are treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer, and the dollar amount contained in such subsection shall be allocated among such persons under regulations prescribed by the Secretary. ``(2) Reduction in basis.--Rules similar to the rules of paragraphs (1) and (2) of section 50(c), and section 1016(a)(19), shall apply with respect to property for which a credit is determined under this section. ``(3) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any expenditure for which a credit is determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12) and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(13) the breastfeeding promotion and support credit determined under section 45D(a).'' (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: ``(9) No carryback of section 45d credit before january 1, 2000.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45D may be carried back to a taxable year beginning before January 1, 2000.''. (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. 45D. Credit for employer expenses incurred to facilitate employed mothers who breastfeed or express milk for their children.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Breastfeeding Promotion and Employers' Tax Incentive Act - Amends the Internal Revenue Code to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed.

Breastfeeding Promotion and Employers' Tax Incentive Act

SECTION 1. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA. Section 3 of Public Law 99-548 (100 Stat. 3061; 110 Stat. 3009-202) is amended by adding at the end the following: ``(e) Fifth Area.-- ``(1) Right to purchase.--For a period of 12 years after the date of enactment of this Act, the city of Mesquite, Nevada, shall have the exclusive right to purchase the parcels of public land described in paragraph (2). ``(2) Land description.--The parcels of public land referred to in paragraph (1) are as follows: ``(A) In T. 13 S., R. 70 E., Mount Diablo Meridian, Nevada: ``(i) The portion of sec. 27 north of Interstate Route 15. ``(ii) Sec. 28: NE \1/4\, S \1/2\ (except the Interstate Route 15 right-of-way). ``(iii) Sec. 29: E \1/2\ NE \1/4\ SE \1/4\, SE \1/4\ SE \1/4\. ``(iv) The portion of sec. 30 south of Interstate Route 15. ``(v) The portion of sec. 31 south of Interstate Route 15. ``(vi) Sec. 32: NE \1/4\ NE \1/4\ (except the Interstate Route 15 right-of-way), the portion of NW \1/4\ NE \1/4\ south of Interstate Route 15, and the portion of W \1/2\ south of Interstate Route 15. ``(vii) The portion of sec. 33 north of Interstate Route 15. ``(B) In T. 14 S., R. 70 E., Mount Diablo Meridian, Nevada: ``(i) Sec. 5: NW \1/4\. ``(ii) Sec. 6: N \1/2\. ``(C) In T. 13 S., R. 69 E., Mount Diablo Meridian, Nevada: ``(i) The portion of sec. 25 south of Interstate Route 15. ``(ii) The portion of sec. 26 south of Interstate Route 15. ``(iii) The portion of sec. 27 south of Interstate Route 15. ``(iv) Sec. 28: SW \1/4\ SE \1/4\. ``(v) Sec. 33: E \1/2\. ``(vi) Sec. 34. ``(vii) Sec. 35. ``(viii) Sec. 36. ``(3) Notification.--Not later than 10 years after the date of enactment of this subsection, the city shall notify the Secretary which of the parcels of public land described in paragraph (2) the city intends to purchase. ``(4) Conveyance.--Not later than 1 year after receiving notification from the city under paragraph (3), the Secretary shall convey to the city the land selected for purchase. ``(5) Withdrawal.--Subject to valid existing rights, until the date that is 12 years after the date of enactment of this subsection, the parcels of public land described in paragraph (2) are withdrawn from all forms of entry and appropriation under the public land laws, including the mining laws, and from operation of the mineral leasing and geothermal leasing laws. ``(6) Use of proceeds.--The proceeds of the sale of each parcel-- ``(A) shall be deposited in the special account established under section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345); and ``(B) shall be disposed of by the Secretary as provided in section 4(e)(3) of that Act (112 Stat. 2346). ``(f) Sixth Area.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall convey to the city of Mesquite, Nevada, in accordance with section 47125 of title 49, United States Code, up to 2,560 acres of public land to be selected by the city from among the parcels of land described in paragraph (2). ``(2) Land description.--The parcels of land referred to in paragraph (1) are as follows: ``(A) In T. 13 S., R. 69 E., Mount Diablo Meridian, Nevada: ``(i) The portion of sec. 28 south of Interstate Route 15 (except S \1/2\ SE \1/4\). ``(ii) The portion of sec. 29 south of Interstate Route 15. ``(iii) The portion of sec. 30 south of Interstate Route 15. ``(iv) The portion of sec. 31 south of Interstate Route 15. ``(v) Sec. 32. ``(vi) Sec. 33: W \1/2\. ``(B) In T. 14 S., R. 69 E., Mount Diablo Meridian, Nevada: ``(i) Sec. 4. ``(ii) Sec. 5. ``(iii) Sec. 6. ``(iv) Sec. 8. ``(C) In T. 14 S., R. 68 E., Mount Diablo Meridian, Nevada: ``(i) Sec. 1. ``(ii) Sec. 12. ``(3) Withdrawal.--Subject to valid existing rights, until the date that is 12 years after the date of enactment of this subsection, the parcels of public land described in paragraph (2) are withdrawn from all forms of entry and appropriation under the public land laws, including the mining laws, and from operation of the mineral leasing and geothermal leasing laws.''. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.

Grants the City of Mesquite, Nevada, the exclusive right, for 12 years, to purchase specified parcels of public land in Mount Diablo Meridian. Requires the proceeds of the sale of each parcel to be deposited into, and disposed of by the Secretary of the Interior from, the special account established under the Southern Nevada Public Land Management Act of 1998. Directs the Secretary to convey to the city specified public lands to be selected by the city from among other specified parcels in Mount Diablo Meridian. Withdraws all such parcels from entry and appropriation under the public land laws and from operation of the mineral and geothermal leasing laws for 12 years.

A bill to give the city of Mesquite, Nevada, the right to purchase at fair market value certain parcels of public land in the city.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Seniors' Social Security Act of 2009''. SEC. 2. RELIEF PAYMENTS TO RECIPIENTS OF SOCIAL SECURITY AND RAILROAD RETIREMENT BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--Subject to paragraph (5)(B), the Secretary of the Treasury shall disburse a $280 payment to each individual who, for any of the months of December 2009, January 2010, or February 2010, is entitled to a benefit payment described in clause (i) or (ii) of subparagraph (B). (B) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b))) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (2) Requirement.--A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the current address of record under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1), such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (B) in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection (b) to receive a payment under this section. (5) Timing and manner of payments.-- (A) In general.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date but in no event later than 120 days after the date of the enactment of this Act. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in paragraph (1)(B). (B) Deadline.--No payments shall be disbursed under this section after December 31, 2012, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date. (b) Identification of Recipients.--The Commissioner of Social Security and the Railroad Retirement Board shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subsection (a)(1)(B). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)) and section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)) shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subsection (a)(1)(B). (4) Payments subject to offset.--Notwithstanding paragraph (3), for purposes of section 3716 of title 31, United States Code, any payment made under this section shall not be considered a benefit payment or cash benefit made under the applicable program described in subsection (a)(1)(B) and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii benefit.-- Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in subsection (a)(1)(B)(i) in the same manner as such section applies to a payment under title II of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in subsection (a)(1)(B)(ii) in the same manner as such section applies to a payment under such Act. (e) Appropriation.-- (1) In general.--Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for the period of fiscal years 2010 through 2012 to carry out this section: (A) For the Secretary of the Treasury, $131,000,000 for administrative costs incurred in carrying out this section. (B) For the Commissioner of Social Security-- (i) such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section; and (ii) $90,000,000 for the Social Security Administration's Limitation on Administrative Expenses for costs incurred in carrying out this section. (C) For the Railroad Retirement Board-- (i) such sums as may be necessary for payments to individuals certified by the Railroad Retirement Board as entitled to receive a payment under this section; and (ii) $1,400,000 to the Railroad Retirement Board's Limitation on Administration for administrative costs incurred in carrying out this section. (2) Limitation.--No part of any appropriation contained in paragraph (1) shall remain available for obligation beyond fiscal year 2012. SEC. 3. FUNDING. (a) In General.--Effective on the date of the enactment of this Act, of the unobligated balance of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), there is rescinded the amount determined by the Director of the Office of Management and Budget to be required to offset the increase in spending resulting from the provisions of section 2. (b) Application.--The rescission made by subsection (a) shall be applied proportionately-- (1) to each discretionary account; and (2) within each such account, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account, or for accounts not included in appropriation Act, as delineated in the most recently submitted President's budget). (c) OMB Report.--Within 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the House of Representatives and the Senate a report specifying the reductions made to each account, program, project, and activity pursuant to this section.

Save Our Seniors' Social Security Act of 2009 - Directs the Secretary of the Treasury to disburse a $280 payment to each individual who, for any of the months of December 2009, January 2010, or February 2010, is entitled to a Social Security or railroad retirement benefit payment. Rescinds certain appropriations under the American Recovery and Reinvestment Act of 2009 to offset the increase in spending resulting from this Act.

To provide relief payments to recipients of Social Security and railroad retirement benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rapid Deployment Strike Force Act''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General shall establish in the Federal Bureau of Investigation a unit, to be known as the Rapid Deployment Force, which shall be made available to assist units of local government in combating crime in accordance with this Act. (b) Assistant Director.--The Rapid Deployment Force shall be headed by a Deputy Assistant Director of the Federal Bureau of Investigation (referred to as ``Deputy Assistant Director''). (c) Personnel.-- (1) In general.--The Rapid Deployment Force shall be comprised of approximately 2,500 Federal law enforcement officers with training and experience in-- (A) investigation of violent crime, drug-related crime, criminal gangs, and juvenile delinquency; and (B) community action to prevent crime. (2) Replacement.--To the extent that the Rapid Deployment Force is staffed through the transfer of personnel from other entities in the Department of Justice or any other Federal agency, such personnel of that entity or agency shall be replaced through the hiring of additional law enforcement officers. SEC. 3. DEPLOYMENT. (a) In General.--On application of the Governor of a State and the chief executive officer of the affected local government or governments (or, in the case of the District of Columbia, the mayor) and upon finding that the occurrence of criminal activity in a particular jurisdiction is being exacerbated by the interstate flow of drugs, guns, and criminals, the Deputy Assistant Director may deploy on a temporary basis a unit of the Rapid Deployment Force of an appropriate number of law enforcement officers to the jurisdiction to assist State and local law enforcement agencies in the investigation of criminal activity. For the purposes of this Act, the term ``State'' shall be deemed to include the District of Columbia and any United States territory or possession. (b) Application.--An application for assistance under this section shall-- (1) describe the nature of the crime problem that a local jurisdiction is experiencing; (2) describe, in quantitative and qualitative terms, the State and local law enforcement forces that are available and will be made available to combat the crime problem; (3) demonstrate that such State and local law enforcement forces have been organized and coordinated so as to make the most effective use of the resources that are available to them, and of the assistance of the Rapid Deployment Force, to combat crime; (4) demonstrate a willingness to assist in providing temporary housing facilities for members of the Rapid Deployment Force; (5) delineate opportunities for training and education of local law enforcement and community representatives in anticrime strategies by the Rapid Deployment Force; (6) include a plan by which the local jurisdiction will prevent a rebound in the crime level following departure of the Rapid Deployment Force from the jurisdiction; and (7) such other information as the Deputy Assistant Director may reasonably require. (c) Conditions of Deployment.--The Deputy Assistant Director, upon consultation with the Attorney General, may agree to deploy a unit of the Rapid Deployment Force to a State or local jurisdiction on such conditions as the Deputy Assistant Director considers to be appropriate, including a condition that more State or local law enforcement officers or other resources be committed to dealing with the crime problem. The unit shall serve under the overall control of the senior State or local law enforcement authority in the deployment area, pursuant to a clearly delineated command and operational deployment agreement reached prior to the deployment by the Deputy Assistant Director and such senior State or local authority. (d) Deputization.--Members of the Rapid Deployment Force who are deployed to a jurisdiction shall be deputized in accordance with State law so as to empower such officers to make arrests and participate in the prosecution of criminal offenses under State law. SEC. 4. LEAVE SYSTEM. Notwithstanding subchapter I of chapter 63 of title 5, United States Code, the Attorney General of the United States shall, after consultation with the Director of the Office of Personnel Management, establish, and administer an annual leave system applicable to the Federal law enforcement officers serving in the Rapid Deployment Force. SEC. 5. LOCATION OF UNITS AND FUNCTIONS WHEN NOT DEPLOYED. (a) Location.--Units of the Rapid Deployment Force shall be based in the Nation's major regions at locations and in facilities determined by the Attorney General. Members of the Rapid Deployment Force shall receive training and education in the regional crime problems of the region where they are based. The Deputy Assistant Director whenever possible shall deploy units in the region where they are based. (b) Nondeployment Functions.--When not deployed pursuant to a deployment agreement to a locality, the Deputy Assistant Director shall use members of a unit to provide special training and education to local law enforcement agencies. To the extent Rapid Deployment Force units are not needed for deployment or training, members of such units shall be available to support ongoing regional Federal Bureau of Investigation efforts and programs and, as appropriate, other Federal law enforcement efforts, until required for deployment and training.

Rapid Deployment Strike Force Act - Directs the Attorney General to establish in the Federal Bureau of Investigation (FBI) a Rapid Deployment Force (RDF) to assist units of local government in combating crime. Provides that: (1) the RDF shall be headed by a Deputy Assistant Director of the FBI and comprised of approximately 2,500 Federal law enforcement officers with training and experience in the investigation of violent and drug-related crime, criminal gangs, and juvenile delinquency and community action to prevent crime; and (2) to the extent that the RDF is staffed through the transfer of personnel from other entities in the Department of Justice or any other Federal agency, such personnel shall be replaced through the hiring of additional law enforcement officers. Authorizes the Deputy Assistant Director, on application of the Governor of a State and the chief executive officer of the affected local government (or, in the case of the District of Columbia, the mayor), and upon finding that the occurrence of criminal activity in a particular jurisdiction is being exacerbated by the interstate flow of drugs, guns, and criminals, to deploy on a temporary basis an RDF unit to the jurisdiction to assist State and local law enforcement agencies in the investigation of criminal activity. Sets forth requirements regarding: (1) applications for assistance; (2) conditions of deployment; and (3) deputization of RDF members. Directs the Attorney General to establish and administer an annual leave system applicable to the Federal law enforcement officers serving in the RDF. Requires that: (1) RDF units be based in the Nation's major regions at locations and in facilities determined by the Attorney General; (2) RDF members receive training and education in the regional crime problems of the region where they are based; and (3) the Deputy Assistant Director, whenever possible, deploy units in the region where they are based. Provides for the use of the RDF, when not deployed, to provide training and education to local law enforcement agencies and to support Federal law enforcement efforts.

Rapid Deployment Strike Force Act

PROCEDURES. (a) In General.--Title 38, United States Code, is amended by inserting after chapter 7 the following new chapter: ``CHAPTER 8--EMPLOYMENT DISCRIMINATION ``Sec. ``801. Scope of chapter. ``802. Office of Employment Discrimination Complaints Resolution. ``803. Informal complaint resolution. ``804. Investigation of complaints. ``805. Final agency decision; hearings. ``806. Review of final agency decisions. ``807. Unlawful employment discrimination defined. ``Sec. 801. Scope of chapter ``(a) The procedures established in this chapter shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission. ``(b) In the case of an employee of the Department who alleges that the employee has been subjected to unlawful employment discrimination (as defined in section 807), the allegation shall be considered under the procedures applicable to the Merit Systems Protection Board under title 5 (rather than under the procedures set forth in this chapter) if the action (or failure to act) of which the employee complains is an employment action or practice that is otherwise appealable to the Merit Systems Protection Board. ``(c) Nothing in this chapter supersedes-- ``(1) the rights and remedies available to employees under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), including the rights and remedies provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a); or ``(2) any right or obligation of an employee to elect (in lieu of using procedures under this chapter) to raise an allegation of unlawful employment discrimination under grievance procedures established under a collective bargaining agreement. ``Sec. 802. Office of Employment Discrimination Complaints Resolution ``(a)(1) There shall be in the Department an Office of Employment Discrimination Complaints Resolution (referred to in this chapter as the `Office'), which shall be headed by a Director. The Director shall report only to the Secretary and Deputy Secretary. ``(2) Subject to the direction of the Secretary and the Deputy Secretary, the Director shall have sole responsibility within the Department for administering the procedures under this chapter for resolving complaints of unlawful employment discrimination arising within the Department. ``(3) In addition to the functions of the Director described in paragraph (2), the Director shall perform such other functions as the Secretary may prescribe consistent with the functions of the Director described in paragraph (2). ``(b) The Secretary shall employ within the Office for the purposes of this chapter administrative law judges appointed in accordance with section 3105 of title 5 and such other personnel as the Office may require. In appointing administrative law judges, the Secretary shall consider the composition of the persons appointed, taken as a group, in terms of race, sex, and veterans status, compared with the composition of the total Department workforce in terms of race, sex, and veterans status. ``(c) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Office under this chapter in a timely manner. ``(d) The Secretary shall include in the documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Office; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Secretary to comply with statutory and regulatory deadlines for the administration of the procedures under this chapter and other provisions of law relating to the resolution of complaints of unlawful employment discrimination involving the Department; and ``(3) a report on the activities of the Office during the preceding fiscal year, including-- ``(A) a statement of the number and nature of complaints of unlawful employment discrimination received and the number and nature of complaints resolved, and the results of any appellate review of proceedings involving the complaints, during the year; ``(B) a description of the timeliness of the resolution of the complaints during the year; and ``(C) a statement of significant decisions and trends affecting the work of the Office. ``(e)(1) The Director shall prescribe-- ``(A) standards of timeliness for the expeditious resolution of complaints of unlawful employment discrimination under this chapter; ``(B) qualifications and training requirements for employees of the Office; ``(C) requirements for recordkeeping pertaining to counseling and investigations by employees of the Office; and ``(D) standards for the conduct of investigations under section 804. ``(2) Regulations prescribed under paragraph (1) shall be consistent with regulations prescribed by the Equal Employment Opportunity Commission, except that, in the interest of the expeditious resolution of complaints, the Director may prescribe shorter time periods than the periods specified in such regulations with respect to any deadline or administrative period that is applicable only to the time within which the Government may (or is required to) act. ``Sec. 803. Informal complaint resolution ``Employees of the Office shall counsel employees of the Department, and applicants for employment with the Department, who file a complaint with the Department stating that the employees of the Department and applicants have been subject to unlawful employment discrimination by an officer or employee of the Department. The Office shall seek to resolve such complaints in an expeditious and impartial manner through informal investigation and conciliation using procedures prescribed by the Director. ``Sec. 804. Investigation of complaints ``(a) If a complaint of unlawful employment discrimination is filed with the Department under section 803 and the complaint is not resolved through the informal resolution process under section 803, the Director shall assign the complaint to an administrative law judge, who shall determine whether the complaint shall be accepted for investigation. ``(b)(1) The administrative law judge assigned to a complaint shall make the determination in accordance with regulations of the Equal Employment Opportunity Commission, except that if the administrative law judge determines that the complaint is without merit, the administrative law judge may determine that the complaint is not to be accepted for investigation. ``(2) A decision that a complaint is not to be accepted for investigation is a final agency decision of the matter. ``(c)(1) If the administrative law judge determines that the complaint is to be accepted, the Director shall promptly provide for an investigation of the complaint, which shall be carried out by employees of the Office (or by contract personnel acquired by the Director). The employee (or contractor) conducting the investigation shall submit to the Director a complete written report of the results of the investigation. ``(2) If a portion of a complaint is accepted for investigation and a portion is not accepted, the individual filing the complaint or the Department may request the administrative law judge to direct the suspension of the investigation of the portion of the complaint accepted for investigation pending the results of any review of the decision not to accept the other portion. ``(3) The Director shall furnish a copy of the investigative report (including a copy of the investigative file involved) to the administrative law judge, the individual who filed the complaint, and the Secretary. The administrative law judge may direct that an additional investigation be made if the administrative law judge determines that an additional investigation is warranted. ``Sec. 805. Final agency decision; hearings ``(a) The final agency decision on a complaint of unlawful employment discrimination filed under section 803, in a case not resolved through informal procedures under section 803 of this title, shall be made by an administrative law judge. ``(b) The individual filing the complaint may request a hearing on the matter involved. Any such request shall be made in such time and manner as may be prescribed by the Director. The administrative law judge shall grant the request for a hearing unless, after giving appropriate notice and allowing an opportunity to respond to such notice, the administrative law judge determines that there is no genuine dispute as to a material fact. ``(c) If the administrative law judge grants a request of the individual filing the complaint for a hearing, the administrative law judge-- ``(1) may conduct the hearing on the matter; or ``(2) may refer the matter for a hearing by a hearing examiner. ``(d) In any hearing under this section, the administrative law judge or hearing examiner presiding at the hearing shall have the authorities set forth in section 556(c) of title 5. ``Sec. 806. Review of final agency decisions ``(a) If the final agency decision in a case involving a complaint filed under section 803 of unlawful employment discrimination by an officer or employee of the Department is adverse to the individual filing the complaint, the individual may appeal the decision to the Equal Employment Opportunity Commission or may institute an action regarding the complaint in the appropriate United States district court, as provided by law. ``(b) If the final agency decision in such a case is adverse to the Department, the Secretary may appeal the decision to the Equal Employment Opportunity Commission. Any such appeal shall be made within 30 days after the date of the receipt by the Secretary of the decision. The Equal Employment Opportunity Commission may act on such an appeal in the same manner as in the case of an appeal by a Federal employee or an applicant for Federal employment against a final agency decision regarding unlawful employment discrimination. ``Sec. 807. Unlawful employment discrimination defined ``For purposes of this chapter, the term `unlawful employment discrimination' means any action, or failure to act, that is a violation of any of the following: ``(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). ``(2) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). ``(3) Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)). ``(4) Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).''. (b) Clerical Amendment.--The tables of chapters at the beginning of title 38, United States Code, and at the beginning of part I of such title, are amended by inserting after the item relating to chapter 7 the following new item: ``8. Employment Discrimination.............................. 801''. SEC. 3. TRANSITION. Chapter 8 of title 38, United States Code, as added by section 2, shall apply with respect to complaints of unlawful employment discrimination that are filed after the end of the 6-month period beginning on the date of enactment of this Act. Any complaint filed before the end of such period shall be resolved in accordance with the procedures in effect on the date of enactment of this Act. SEC. 4. WHISTLEBLOWER PROTECTION FOR TITLE 38 EMPLOYEES. (a) In General.-- (1) Application.--Chapter 74 of title 38, United States Code, is amended by inserting at the end of subchapter V the following new section: ``Sec. 7465. Disclosures of violations of law, gross mismanagement, and certain other matters: protection of employees (a) Section 2302(b)(8) of title 5 shall apply with respect to an employee, or applicant for employment, in a position covered by this chapter in the same manner as if that position were a `covered position' within the meaning of section 2302(a)(2)(B) of title 5. ``(b) Subsection (a) shall apply for purposes of applying to such an employee or applicant the provisions of subchapters II and III of chapter 12 of title 5 that relate to any authority to conduct investigations, or to seek or administer any corrective action, disciplinary action, or other remedy in connection with a prohibited personnel practice described in section 2302(b)(8) of such title.''. (2) Table of sections.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7464 the following new item: ``7465. Disclosures of violations of law, gross mismanagement, and certain other matters: protection of employees.''. (b) Effective Date.-- (1) Application.--Subject to paragraph (2), section 7465 of title 38, United States Code, as added by subsection (a), shall apply with respect to personnel actions occurring before, on, or after the date of enactment of this Act, if an action for relief relating to the personnel action is commenced prior to the applicable deadline. (2) Administrative proceedings.--Such section shall not affect any administrative proceeding pending on the date of enactment of this Act, and orders shall be issued in any such proceeding, and appeals shall be taken from the orders, as if such section had not been enacted.

Department of Veterans Affairs Employment Discrimination Prevention Act - Establishes in the Department of Veterans Affairs an Office of Employment Discrimination Complaints Resolution headed by a Director who shall be solely responsible for resolving complaints of unlawful employment discrimination (UED) within the Department. Requires the Secretary of Veterans Affairs to employ within such Office such administrative law judges (ALJs) and other personnel as necessary. Directs the Secretary to include in Department budget information submitted annually to the Congress specified information on the Office budget and activities. Requires the Director to prescribe: (1) standards of timeliness for the resolution of UED complaints; (2) Office employee qualification and training requirements; (3) requirements for recordkeeping pertaining to counseling and investigations conducted by Office employees; and (4) standards for conduct of UED investigations. Requires such standards to be consistent with those prescribed by the Equal Employment Opportunity Commission, while allowing the Director to shorten the time period for the resolution of complaints. Provides for informal UED complaint resolution procedures within the Office, requiring the Director, if such a complaint is not resolved informally, to assign the complaint to an ALJ for appropriate determination. Requires Office employees to conduct complaint investigations and report results to the Director, who shall then forward such complaint to the presiding ALJ, the complainant, and the Secretary. Requires final complaint resolution by the ALJ when not resolved through informal proceedings. Authorizes the complainant to request a hearing on the matter, to be granted by an ALJ unless there is no dispute as to a material fact. Provides for Commission review of final Office decisions. Applies Federal violation reporting protection provisions (whistleblower provisions) to Department employees or applicants.

Department of Veterans Affairs Employment Discrimination Prevention Act

SECTION 1. NOTIFICATION OF GRANTS; PUBLICATION OF GRANT AMOUNTS. Section 29 of the Small Business Act (15 U.S.C. 656) is amended by adding at the end the following new subsection: ``(o) Notification of Grants; Publication of Grant Amounts.--The Administrator shall disburse funds to a women's business center not later than 1 month after the center's application is approved under this section. At the end of each fiscal year the Administrator (acting through the Office of Women's Business ownership) shall publish on the Administration's website a report setting forth the total amount of the grants made under this Act to each women's business center in the fiscal year for which the report is issued, the total amount of such grants made in each prior fiscal year to each such center, and the total amount of private matching funds provided by each such center over the lifetime of the center.''. SEC. 2. COMMUNICATIONS. Section 29 of the Small Business Act (15 U.S.C. 656), as amended, is further amended by adding at the end the following new subsection: ``(p) Communications.--The Administrator shall establish, by rule, a standardized process to communicate with women's business centers regarding program administration matters, including reimbursement, regulatory matters, and programmatic changes. The Administrator shall notify each women's business center of the opportunity for notice and comment on the proposed rule.''. SEC. 3. FUNDING. (a) Formula.--Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) is amended to read as follows: ``(b) Authority.-- ``(1) In general.--The Administrator may provide financial assistance to private nonprofit organizations to conduct projects for the benefit of small business concerns owned and controlled by women. The projects shall provide-- ``(A) financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a business concern; ``(B) management assistance, including training and counseling in how to plan, organize, staff, direct, and control each major activity and function of a small business concern, including implementing cost-saving energy techniques; and ``(C) marketing assistance, including training and counseling in identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and utilizing varying public relations and advertising techniques. ``(2) Tiers.--The Administrator shall provide assistance under paragraph (1) in 3 tiers of assistance as follows: ``(A) The first tier shall be to conduct a 5-year project in a situation where a project has not previously been conducted. Such a project shall be in a total amount of not more than $150,000 per year. Projects receiving assistance under this subparagraph that possess the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency shall receive the maximum award under this subparagraph. ``(B) The second tier shall be to conduct a 3-year project in a situation where a first-tier project is being completed. Such a project shall be in a total amount of not more than $100,000 per year. ``(C) The third tier shall be to conduct a 3-year project in a situation where a second-tier project is being completed. Such a project shall be in a total amount of not more than $100,000 per year. Third-tier grants shall be renewable subject to established eligibility criteria as well as criteria in subsection (b)(4). ``(3) Allocation of funds.--Of the amounts made available for assistance under this subsection, the Administrator shall allocate-- ``(A) at least 40 percent for first-tier projects under paragraph (2)(A); ``(B) 20 percent for second-tier projects under paragraph (2)(B); and ``(C) the remainder for third-tier projects under paragraph (2)(C). ``(4) Benchmarks for third-tier projects.--In awarding third-tier projects under paragraph (2)(C), the Administrator shall use benchmarks based on socio-economic factors in the community and on the performance of the applicant. The benchmarks shall include-- ``(A) the total number of women served by the project; ``(B) the proportion of low income women and socio- economic distribution of clients served by the project; ``(C) the proportion of individuals in the community that are socially or economically disadvantaged (based on median income); ``(D) the future fund-raising and service coordination plans; ``(E) the capacity of the project to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency; ``(F) the diversity of services provided; and ``(G) geographic distribution within and across the 10 regions of the Small Business Administration.''. (b) Matching.--Subparagraphs (A) and (B) of section 29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) are amended to read as follows: ``(A) For the first and second years of the project, 1 non-Federal dollar for each 2 Federal dollars. ``(B) Each year after the second year of the project-- ``(i) 1 non-Federal dollar for each Federal dollar; or ``(ii) if the center is in a community at least 50 percent of the population of which is below the median income for the State or United States territory in which the center is located, 1 non-Federal dollar for each 2 Federal dollars.''. (c) Authorization.--Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting the following new subsection after subsection (e): ``(f) Women's Business Centers.--There is authorized to be appropriated for purposes of grants under section 29 to women's business centers not more than $20,000,000 in fiscal year 2010 and not more than $22,000,000 in fiscal year 2011.''. SEC. 4. PERFORMANCE AND PLANNING. (a) In General.--Section 29(h)(1) of the Small Business Act (15 U.S.C. 656(h)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting the following new subparagraphs after subparagraph (A): ``(B) establish performance measures, taking into account the demographic differences of populations served by women's business centers, which measures shall include-- ``(i) outcome-based measures of the amount of job creation or economic activity generated in the local community as a result of efforts made and services provided by each women's business center, and ``(ii) service-based measures of the amount of services provided to individuals and small business concerns served by each women's business center; ``(C) require each women's business center to submit an annual plan for the next year that includes the center's funding sources and amounts, strategies for increasing outreach to women-owned businesses, strategies for increasing job growth in the community, strategies for increasing job placement of women in nontraditional occupations, and other content as determined by the Administrator; and''. (b) Conforming Amendment.--Section 29(h)(1) of the Small Business Act (15 U.S.C. 656(h)(1)), as amended, is further amended by adding the following at the end thereof: ``The Administrator's evaluation of each women's business center as required by this subsection shall be in part based on the performance measures under subparagraphs (B) and (C). These measures and the Administrator's evaluations thereof shall be made publicly available.''. SEC. 5. NATIONAL WOMEN'S BUSINESS COUNCIL. The Women's Business Ownership Act of 1988 is amended as follows: (1) In section 409(a) (15 U.S.C. 7109(a)), by adding the following at the end thereof: ``Such studies shall include a study on the impact of the 2008-2009 financial markets crisis on women-owned businesses, and a study of the use of the Small Business Administration's programs by women-owned businesses.''. (2) In section 410(a) (15 U.S.C. 7110(a)), by striking ``2001 through 2003'' and insert ``2010 and 2011''. SEC. 6. APPLICANT EVALUATION CRITERIA. Section 29(f) of the Small Business Act (15 U.S.C. 656(f)) is amended-- (1) in paragraph (3) by striking ``and'' at the end; (2) in paragraph (4) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(5) whether the applicant has the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency.''. Passed the House of Representatives November 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Amends the Small Business Act relating to the women's business centers program to require the Administrator of the Small Business Administration (SBA) to: (1) disburse funds to a women's business center (center) no later than one month after its application is approved; (2) annually publish on the SBA website information on the financing of each center; (3) establish a standardized process to communicate with centers regarding program administration matters; and (4) notify each center of the opportunity for notice and comment on proposed program rules. Replaces the five-year projects for the benefit of small businesses owned and controlled by women with a three-tiered program of five-year (first tier), three-year (second tier), and three-year (third tier) projects, with each tier commencing after the previous tier is being completed. Allows the maximum award of assistance ($150,000) for first-tier projects that possess the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency. Revises matching funds requirements for all projects. Authorizes appropriations. Directs the SBA to: (1) establish center performance measures; and (2) require each center to submit an annual funding and strategies plan. Amends the Women's Business Ownership Act of 1988 to require the National Women's Business Council to perform studies of: (1) the impact of the 2008-2009 financial markets crisis on women-owned businesses; and (2) the use of SBA programs by women-owned businesses. Authorizes appropriations for the Council for FY2010-FY2011. Includes under criteria for the selection of project participants whether the applicant has the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency.

To amend the Small Business Act to modify certain provisions relating to women's business centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Malaria Control Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The World Health Organization estimates that there are 300,000,000 to 500,000,000 cases of malaria each year. (2) According to the World Health Organization, more than 1,000,000 persons are estimated to die due to malaria each year. (3) According to the National Institutes of Health, about 40 percent of the world's population is at risk of becoming infected. (4) About half of those who die each year from malaria are children under 9 years of age. (5) Malaria kills one child each 30 seconds. (6) Although malaria is a public health problem in more than 90 countries, more than 90 percent of all malaria cases are in sub-Saharan Africa. (7) In addition to Africa, large areas of Central and South America, Haiti and the Dominican Republic, the Indian subcontinent, Southeast Asia, and the Middle East are high risk malaria areas. (8) These high risk areas represent many of the world's poorest nations. (9) Malaria is particularly dangerous during pregnancy. The disease causes severe anemia and is a major factor contributing to maternal deaths in malaria endemic regions. (10) Pregnant mothers who are HIV-positive and have malaria are more likely to pass on HIV to their children. (11) ``Airport malaria'', the importing of malaria by international aircraft and other conveyances, is becoming more common as is the spread of malaria by international travelers; the United Kingdom reported 2,364 cases of malaria in 1997, all of them imported by travelers. (12) In the United States, of the 1,400 cases of malaria reported to the Centers for Disease Control and Prevention in 1998, the vast majority were imported. (13) Between 1970 and 1997, the malaria infection rate in the United States increased by about 40 percent. (14) Malaria is caused by a single-cell parasite that is spread to humans by mosquitoes. (15) No vaccine is available and treatment is hampered by development of drug-resistant parasites and insecticide- resistant mosquitoes. SEC. 3. ASSISTANCE FOR MALARIA PREVENTION, TREATMENT, CONTROL, AND ELIMINATION. (a) Findings.--Congress recognizes the growing international problem of malaria and the impact of this epidemic on many nations, particularly in the nations of sub-Saharan Africa. Congress further recognizes the negative interaction among the epidemics of malaria, HIV and tuberculosis in many nations, particularly in the nations of sub- Saharan Africa. Congress directs the Administrator of the United States Agency for International Development to undertake activities designed to control malaria in recipient countries by-- (1) coordinating with appropriate Federal officials and appropriate organizations to develop and implement, in partnership with recipient nations, a comprehensive malaria prevention and control program; and (2) coordinating, consistent with clause (i), malaria prevention and control activities with efforts by recipient nations to prevent and control HIV and tuberculosis. (b) Authorization of Appropriations.--There is authorized to be appropriated to the President $50,000,000 for each of the fiscal years 2001 and 2002 to carry out this section. SEC. 4. COORDINATION AND CONSULTATION. (a) In General.--In providing the assistance and carrying out the activities provided for under this Act, the Administrator of the United States Agency for International Development should work in coordination with appropriate Federal officials. (b) Purpose.--The purpose of such interagency coordination and consultation is to help ensure that the financial assistance provided by the United States is utilized in a manner that advances, to the greatest extent possible, the public health of recipient countries. (c) Provision of Information to Recipient Countries.--The Administrator of the United States Agency for International Development shall take appropriate steps to provide recipient countries with information concerning the development of vaccines and therapeutic agents for, HIV, malaria, and tuberculosis. (d) Information Specified.--The Administrator of the United States Agency for International Development should provide to appropriate officials in recipient countries information concerning participation in, and the results of, clinical trials conducted for vaccines and therapeutic agents for HIV, malaria, and tuberculosis. (e) Consideration of Interaction Among Epidemics.--The Administrator of the United States Agency for International Development should consider the interaction among the epidemics of HIV, malaria, and tuberculosis as the United States provides financial and technical assistance to recipient countries under this Act.

Directs the Administrator of the U.S. Agency for International Development to take appropriate steps to provide recipient countries with information concerning: (1) the development of vaccines and therapeutic agents for HIV, malaria, and tuberculosis; and (2) participation in, and the results of, clinical trials conducted for such vaccines and therapeutic agents.

International Malaria Control Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Secret Law Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Secret law is inconsistent with democratic governance. In order for the rule of law to prevail, the requirements of the law must be publicly discoverable. (2) The United States Court of Appeals for the Seventh Circuit stated in 1998 that the ``idea of secret laws is repugnant''. (3) The open publication of laws and directives is a defining characteristic of government of the United States. The first Congress of the United States mandated that every ``law, order, resolution, and vote [shall] be published in at least three of the public newspapers printed within the United States''. (4) The practice of withholding decisions of the Foreign Intelligence Surveillance Court is at odds with the United States tradition of open publication of law. (5) The Foreign Intelligence Surveillance Court acknowledges that such Court has issued legally significant interpretations of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that are not accessible to the public. (6) The exercise of surveillance authorities under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as interpreted by secret court opinions, potentially implicates the communications of United States persons who are necessarily unaware of such surveillance. (7) Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by section 215 of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 287), authorizes the Federal Bureau of Investigation to require the production of ``any tangible things'' and the extent of such authority, as interpreted by secret court opinions, has been concealed from the knowledge and awareness of the people of the United States. (8) In 2010, the Department of Justice and the Office of the Director of National Intelligence established a process to review and declassify opinions of the Foreign Intelligence Surveillance Court, but more than two years later no declassifications have been made. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of section 501 or section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a) should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. SEC. 4. REQUIREMENT FOR DISCLOSURE OF DECISIONS, ORDERS, AND OPINIONS OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT. (a) Section 501.-- (1) In general.--Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the end the following: ``(i) Disclosure of Decisions.-- ``(1) Decision defined.--In this subsection, the term `decision' means any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of this section. ``(2) Requirement for disclosure.--Subject to paragraphs (3) and (4), the Attorney General shall declassify and make available to the public-- ``(A) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and ``(B) each decision issued prior to the date of the enactment of the Ending Secret Law Act that was required to be submitted to committees of Congress under section 601(c), not later than 180 days after such date of enactment. ``(3) Unclassified summaries.--Notwithstanding paragraph (2) and subject to paragraph (4), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. ``(4) Unclassified report.--Notwithstanding paragraphs (2) and (3), if the Attorney General makes a determination that any decision may not be declassified under paragraph (2) and an unclassified summary of such decision may not be made available under paragraph (3), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include-- ``(A) an estimate of the number of decisions that will be declassified at the end of such deliberations; and ``(B) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States.''. (2) Section 702.--Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is amended by adding at the end the following: ``(4) Disclosure of decisions.-- ``(A) Decision defined.--In this paragraph, the term `decision' means any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of this section. ``(B) Requirement for disclosure.--Subject to subparagraphs (C) and (D), the Attorney General shall declassify and make available to the public-- ``(i) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and ``(ii) each decision issued prior to the date of the enactment of the Ending Secret Law Act that was required to be submitted to committees of Congress under section 601(c), not later than 180 days after such date of enactment. ``(C) Unclassified summaries.--Notwithstanding subparagraph (B) and subject to subparagraph (D), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. ``(D) Unclassified report.--Notwithstanding subparagraphs (B) and (C), if the Attorney General makes a determination that any decision may not be declassified under subparagraph (B) and an unclassified summary of such decision may not be made available under subparagraph (C), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include-- ``(i) an estimate of the number of decisions that will be declassified at the end of such deliberations; and ``(ii) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States.''.

Ending Secret Law Act - Expresses the sense of Congress that each decision, order, or opinion ("decision," for purposes of this Act) issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of Foreign Intelligence Surveillance Act of 1978 (FISA) provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. Amends FISA provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to require the Attorney General, with exceptions, to declassify and make publicly available decisions concerning certain surveillance orders required for inclusion in a semiannual report to Congress. Requires release to the public of unclassified summaries and reports if the Attorney General determines that a decision may not be declassified. Requires the Attorney General, in cases in which an unclassified summary may not be made available, to make publicly available an unclassified report on the status of the internal deliberations and process regarding the declassification by executive branch personnel of such decisions, including estimates of the number of decisions that will be declassified or remain classified.

Ending Secret Law Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Border Security Act''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to protect United States citizens from external threats by establishing and applying appropriate counterinsurgency tactics under a coordinated and targeted strategy to combat the terrorist insurgency in Mexico waged by transnational criminal organizations by utilizing cross-agency capabilities to-- (1) secure the United States-Mexico border through a secure border area; (2) curtail the ability of such organizations to finance their operations with United States funds in cities throughout the United States; and (3) increase the ability of the Government of Mexico to-- (A) reduce violence; (B) diminish corruption; (C) improve cooperation between military and law enforcement; (D) stabilize communities; and (E) fortify functioning government institutions. SEC. 3. FINDINGS. Congress finds the following: (1) Mexican drug cartels have evolved into transnational criminal organizations and diversified and expanded their illicit activities, including human smuggling, trafficking in stolen oil, weapons smuggling, extortion, kidnapping, and cybercrime. (2) Mexican drug cartels have increased their profits through various illicit activities and have become more resilient and dangerous organizations. Rough estimates of stolen oil proceeds range between $2 billion and $4 billion each year. According to the United Nations Office on Drugs and Crime (UNODC), approximately $6.6 billion annually is generated from human smuggling from Latin America to the United States. (3) A July 2011 White House report found that transnational criminal organizations have expanded and matured, threatening the security of citizens and the stability of governments throughout the region, with direct security implications for the United States. (4) An August 2011 Department of Justice National Drug Threat Assessment found that Mexican-based transnational criminal organizations were operating in more than 1,000 United States cities during 2009 and 2010. (5) On October 11, 2011, a foiled terrorist assassination plot of the Saudi Arabian Ambassador by members of the Iranian Islamic Revolutionary Guard Corps demonstrated the internationally recognized threat posed by Mexican drug cartel members at the United States-Mexico border. (6) The Merida Initiative, led by the Department of State, has failed to address the evolution of the drug trafficking organizations into transnational criminal organizations, the diversification of their illicit activities, and the systematic implementation of insurgency tactics that undermines the Mexican state and seeks to control the political space. (7) The Merida Initiative has faced implementation challenges and programmatic delays. A July 2010 Government Accountability Office report highlighted Merida Initiative delays associated with equipment deliveries as well as a lack of clear benchmarks for programmatic success. (8) The utilization of counterinsurgency tactics will focus on isolating Mexican transnational criminal organizations from their sources of power, such as drugs, money, human resources, and weapons, while addressing both military and non-military conditions and border conditions sustaining the insurgency, including corruption, infighting, financing, and human support. (9) The end goal of the coordinated and targeted strategy is to protect United States citizens from external threats through the empowering of a friendly and competent government that operates within international laws and regulations and is able to secure itself from internal threats. SEC. 4. DEFINITIONS. In this Act: (1) Terrorist insurgency.--The term ``terrorist insurgency'' means the protracted use of irregular warfare, including extreme displays of public violence utilized by transnational criminal organizations to influence public opinion and to undermine government control and rule of law in order to increase the control and influence of the organizations. (2) Transnational criminal organization or organization.-- The term ``transnational criminal organization'' or ``organization'' means a self-perpetuating association of individuals who-- (A) operate transnationally for the purpose of obtaining power, influence, monetary gain, or commercial gain wholly or in part by illegal means; and (B) protect their activities-- (i) through a pattern of corruption or violence; or (ii) through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms. SEC. 5. COUNTERINSURGENCY STRATEGY AND CONDITIONALITY. (a) Counterinsurgency Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Secretary of the Treasury, and the Director of National Intelligence, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a counterinsurgency strategy that-- (1) defines and outlines the transnational criminal organizations in Mexico, their leaders, goals, objectives, evolution, key elements, and areas of influence; (2) provides an assessment of the terrain, population, ports, financial centers, and income-generating activities utilized by transnational criminal organizations; (3) assesses the capabilities of Mexico's federal law enforcement, military forces, state and local government institutions, and other critical elements, such as nongovernmental organizations that may organize to counter the threat posed by transnational criminal organizations; (4) describes operations of, or on behalf of, transnational criminal organizations within the United States, including information on trafficking activities, financial networks, and safe havens; (5) describes operations of transnational criminal organizations at the United States-Mexico border, the Mexico- Guatemala border, and other international borders, including operations relating to contraband, human support networks, financial support, and technological advancements; (6) utilizes information obtained under paragraphs (1) through (5) to coordinate with relevant United States agencies to address the operations of transnational criminal organizations within the United States, at the United States- Mexico border, and within Mexico to isolate such organizations from their sources of power in order to successfully combat the terrorist insurgency in Mexico; (7) includes-- (A) within the United States, a plan to combat the operations, financial networks, and money laundering techniques of transnational criminal organizations, including-- (i) a dramatic increase of the number of Mexican and Central American drug traffickers on the Specially Designated Nationals list; (ii) a report by the Office of Foreign Assets Control of the Department of the Treasury detailing the progress of designating Mexican and Central American individuals and entities supporting such organization on the Specially Designated Nationals list, as well as providing suggestions to help identify areas to further impact the financial networks of such organizations; (iii) increasing cooperation between the Department of Justice and State and local agencies responsible for firearms law enforcement; and (iv) development of a thorough, strict, and standardized accounting procedure for keeping track of Federal grant assistance provided to State and local law enforcement agencies for border security purposes; (B) at the United States-Mexico border, in coordination with the Government of Mexico and the Department of Homeland Security, a plan to address resources, technology, and infrastructure required to create a secure border area that establishes border security as a top priority of the Government of the United States, including-- (i) doubling the number of Border Patrol agents over the number in existence as of the date of the enactment of this Act, or as determined by the Secretary of Homeland Security, in a comprehensive report on the best use of resources, technology, and infrastructure to secure the border; (ii) development of a plan to build additional infrastructure to support Border Patrol activities along the border that would enhance security in hard-to-enforce areas, such as roads and tactical double layered fencing as determined by the Secretary of Homeland Security; (iii) determining technology required to support Border Patrol activities in reducing unlawful movement of goods and people at the border, including cameras, radars, sensors, and unmanned aerial vehicles; (iv) a report by the Attorney General that provides a policy that standardizes the threshold for prosecution of border-related offenses by the United States Attorney's Office; (v) a plan to develop a joint United States-Mexico program to increase intelligence gathering utilizing classified technologies; and (vi) increased use of Border Patrol Special Response Teams that concentrate on high- priority threats, including weapons and bulk cash smuggling, and high-potency, high-cash- value drugs along the border; and (C) within Mexico, in coordination with the Government of Mexico, the development of a multi-agency action plan, including-- (i) development of strong rule-of-law institutions to provide security for people and businesses in Mexico by-- (I) increasing coordination among military and law enforcement agencies focused on establishing and expanding secure areas around key population centers; (II) increasing knowledge of best practices for combating such organizations, incorporating United States military and law enforcement lessons learned, worldwide counterinsurgency experts in training programs, and as appropriate, training carried out by international law enforcement academies; and (III) securing the environment, as recommended in separate reports by the Secretary of Defense and the Director of National Intelligence; (ii) diminish support for transnational criminal organizations by-- (I) instituting programs to strengthen governance and rule of law, such as promoting a culture of lawfulness and providing incentives to United States businesses operating in Mexico that promote and support culture of lawfulness efforts; (II) developing safe communities for families and youth by enhancing and recreating successful youth programs and anti-drug coalitions, enhancing public education regarding the activities of such organizations, and promoting economic development; and (III) promoting the creation and enhancement of the institutions of good local governance; and (iii) neutralize transnational criminal organizations by-- (I) re-evaluating threats within Mexican regions in order to assign a specialized task force to key regions designed to concentrate on high- priority targets and separate such organizations from their sources of support; (II) requesting the support of United States military advisors to assist the Mexican regional task forces; and (III) supporting Mexican federal law enforcement operations that provide services to the population while gathering raw intelligence and providing such intelligence to regional task forces; and (8) includes a report on Mexican and Central American extradition requests and extraditions carried out. (b) Updates.-- (1) Office of foreign assets control.--The Office of Foreign Assets Control of the Department of the Treasury shall submit to the congressional committees specified in subsection (a) updates on a quarterly basis of the information required to be included in the counterinsurgency strategy under subsection (a)(7)(A)(ii). (2) Secretary of state.--The Secretary of States shall submit to the congressional committees specified in subsection (a) updates on a quarterly basis of the information required to be included in the counterinsurgency strategy under subsection (a)(8). (c) Withholding of Funds.--Notwithstanding any other provision of law, if the Secretary of State does not submit the counterinsurgency strategy required under subsection (a) in accordance with such subsection, then 20 percent of the amounts otherwise made available to the Department of State for fiscal year 2012 shall be withheld from obligation and expenditure until such time as the strategy is submitted in accordance with such subsection. SEC. 6. FUNDING FOR DEVELOPMENT AND IMPLEMENTATION OF COUNTERINSURGENCY STRATEGY. Notwithstanding any other provision of law, funds made available to the Department of State for the Merida Initiative are authorized to be made available to develop and implement the counterinsurgency strategy required under section 5(a).

Enhanced Border Security Act - Directs the Secretary of State to submit to Congress a counterinsurgency strategy that: (1) outlines the transnational criminal organizations in Mexico; (2) assesses Mexico's capabilities to counter such organizations; (3) describes such organizations' operations in the United States and at the U.S. and international borders, and presents a plan to combat their operations and financial networks; and (4) utilizes all such information to combat the terrorist insurgency in Mexico. Requires the Secretary and the Office of Foreign Assets Control of the Department of the Treasury to update such strategy reports quarterly.

To apply counterinsurgency tactics under a coordinated and targeted strategy to combat the terrorist insurgency in Mexico waged by transnational criminal organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Settlements Act of 2014''. SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.-- (1) In general.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section-- ``(1) the term `covered settlement agreement' means a settlement agreement (including a consent decree) that-- ``(A) is entered into by an Executive agency; ``(B) relates to an alleged violation of Federal civil or criminal law; and ``(C) requires the payment of a total of not less than $1,000,000 by one or more non-Federal persons; ``(2) the term `entity within the Federal Government' includes an officer or employee of the Federal Government acting in an official capacity; and ``(3) the term `non-Federal person' means a person that is not an entity within the Federal Government. ``(b) Information To Be Posted Online.-- ``(1) Requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency-- ``(i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement-- ``(I) the date on which the parties entered into the covered settlement agreement; ``(II) the names of the parties that settled claims under the covered settlement agreement; ``(III) a description of the claims each party settled under the covered settlement agreement; ``(IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; ``(V) the total amount the settling parties are obligated to pay under the settlement agreement; and ``(VI) for each settling party, the amount the settling party is obligated to pay that has been designated as a civil penalty or fine, or otherwise specified as not tax deductible under the covered settlement agreement; and ``(ii) a copy of each covered settlement agreement entered into by the Executive agency. ``(B) Confidentiality provisions.--The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). ``(2) Period.--The head of each Executive agency shall ensure that-- ``(A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) until at least the date that is 5 years after the date of the covered settlement agreement; and ``(B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available until-- ``(i) at least the date that is 1 year after the date of the covered settlement agreement; or ``(ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, at least the date that is 5 years after the date of the covered settlement agreement. ``(c) Public Statement.--If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(1) what interests confidentiality protects; and ``(2) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. ``(d) Requirements for Written Public Statements.--Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall-- ``(1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person-- ``(A) is a civil or criminal penalty or fine to be paid for a violation of Federal law; or ``(B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and ``(2) describe in detail any actions the non-Federal person shall take under the covered settlement agreement-- ``(A) in lieu of payment to the Federal Government or a State or local government; or ``(B) in addition to such a payment. ``(e) Reporting.-- ``(1) In general.--Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating-- ``(A) how many covered settlement agreements the Executive agency entered into during that fiscal year; ``(B) how many covered settlement agreements the Executive agency entered into during that fiscal year had any terms or conditions that are required to be kept confidential; and ``(C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential. ``(2) Availability of reports.--The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publically available in a searchable format in a prominent location on the Web site of the Executive agency.''. (2) Technical and conforming amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. Information regarding settlement agreements.''. (b) Securities Reporting.-- (1) In general.--Each issuer of securities that is required to file annual or other periodic reports with the Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) shall describe in such a report any claim filed for a deduction under the Internal Revenue Code of 1986 during the reporting period that relates to a payment required under a covered settlement agreement. (2) Definitions.--As used in this subsection-- (A) the term ``Commission'' means the Securities and Exchange Commission; (B) the term ``covered settlement agreement'' has the meaning given that term in section 307 of title 5, United States Code, as added by subsection (a); and (C) the term ``issuer'' has the same meaning as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c). (c) Review of Confidentiality of Settlement Agreements.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 of title 5, United States Code) determine whether the terms of a settlement agreement or the existence of a settlement agreement will be treated as confidential, which shall include recommendations, if any, for legislative or administrative action to increase the transparency of Government settlements while continuing to protect the legitimate interests that confidentiality provisions serve.

Truth in Settlements Act of 2014 - Sets forth new requirements for the public disclosure of any covered settlement agreement entered into by a federal executive agency.  Defines "covered settlement agreement" as a settlement agreement (including a consent decree) that: (1) is entered into by an executive agency, (2) relates to an alleged violation of federal civil or criminal law, and (3) requires the payment of not less than $1 million by one or more non-federal persons (entities not within the federal government). Requires the head of each executive agency to make publicly available on the agency website a list of each covered settlement agreement entered into by the agency, which shall include: (1) the names of the parties to the settlement agreement and the date of such agreement; (2) a description of the claims that were settled under the agreement; (3) the amount each party to the agreement is obligated to pay under the terms of the agreement and the total amounts required to be paid; and (4) for each settling party, the amount the settling party is obligated to pay that has been designated as a civil penalty or fine. Requires: (1) such information to remain publicly available for five years after the date of the agreement, and (2) a copy of a covered settlement agreement to remain publicly available until at least one year after the date of the agreement, or until five years after such date for an agreement under which a non-federal person is required to pay not less than $50 million. Limits the disclosure of provisions of a covered settlement agreement that are subject to a confidentiality agreement. Requires the issuer of securities subject to reporting requirements under the Securities Exchange Act of 1934 to describe in required reports any claim of a tax deduction relating to a payment under a covered settlement agreement.

Truth in Settlements Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Aid Transparency and Accountability Act of 2012''. SEC. 2. GUIDELINES FOR UNITED STATES FOREIGN DEVELOPMENT ASSISTANCE. (a) Purpose.--The purpose of this section is to evaluate the performance of United States foreign development assistance and its contribution to policy, strategies, projects, program goals, and priorities undertaken by the United States, to foster and promote innovative programs to improve the effectiveness of United States foreign development assistance, and to coordinate the monitoring and evaluation processes of Federal departments and agencies that administer United States foreign development assistance. (b) Establishment of Guidelines.--Not later than 18 months after the date of the enactment of this Act, the President shall establish guidelines regarding the establishment of measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to United States foreign development assistance. Such guidelines should be established according to best practices of monitoring and evaluation studies and analyses. (c) Objectives of Guidelines.-- (1) In general.--The guidelines established under this section shall provide direction to Federal departments and agencies that administer United States foreign development assistance on how to develop the complete range of activities relating to the monitoring of resources, the evaluation of projects, the evaluation of program impacts, and analysis that is necessary for the identification of findings, generalizations that can be derived from those findings, and their applicability to proposed project and program design. (2) Objectives.--Specifically, the guidelines shall provide direction on how to achieve the following objectives for monitoring and evaluation of programs: (A) Building measurable goals, performance metrics and monitoring and evaluation into program design at the outset, including the provision of sufficient program resources to conduct monitoring and evaluation. (B) Disseminating guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of United States foreign development assistance programs. (C) Contributing to the collection and dissemination of knowledge and lessons learned to United States development professionals, implementing partners, the international aid community, and aid recipient governments, and as a repository of knowledge on lessons learned. (D) Distributing evaluation reports internally. (E) Establishing annual monitoring and evaluation agendas and objectives. (F) Applying rigorous monitoring and evaluation methodologies, including choosing from among a wide variety of qualitative and quantitative methods common in the field of social scientific inquiry. (G) Partnering with the academic community, implementing partners, and national and international institutions that have expertise in monitoring and evaluation and analysis when such partnerships will provide needed expertise or will significantly improve the evaluation and analysis. (H) Developing and implementing a training plan for appropriate aid personnel on the proper conduct of monitoring and evaluation programs. (d) Implementation of Guidelines.--Beginning not later than one year after the date on which the President establishes the guidelines under this section, the head of each Federal department or agency that administers United States foreign development assistance shall administer the United States foreign development assistance in accordance with the guidelines. (e) Presidential Report.--Not later than 18 months after the date of the enactment of this Act, the President shall submit to Congress a report that contains a detailed description of the guidelines that have been developed on measurable goals, performance metrics, and monitoring and evaluation plans for United States foreign development assistance established under this section. The report shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex. (f) Comptroller General Reports.--The Comptroller General of the United States shall-- (1) not later than one year after the date of the enactment of this Act, submit to the appropriate congressional committees a report that contains an analysis of the actions that the major Federal departments and agencies that administer United States foreign development assistance have taken to ensure that United States foreign development assistance program evaluation is planned, conducted, and utilized effectively; and (2) not later than two years after the date of the enactment of this Act, submit to the appropriate congressional committees a report that contains an analysis of-- (A) the guidelines established pursuant to subsection (b); and (B) the implementation of the guidelines by the major Federal departments and agencies that administer United States foreign development assistance. (g) Evaluation Defined.--In this section, the term ``evaluation'' means, with respect to a United States foreign development assistance program, the systematic collection and analysis of information about the characteristics and outcomes of the program and projects under the program as a basis for judgments, to improve effectiveness, and to inform decisions about current and future programming. SEC. 3. INTERNET WEBSITE TO MAKE PUBLICLY AVAILABLE COMPREHENSIVE, TIMELY, COMPARABLE, AND ACCESSIBLE INFORMATION ON UNITED STATES FOREIGN DEVELOPMENT ASSISTANCE PROGRAMS. (a) Establishment; Publication and Updates.--Not later than 30 days after the date of the enactment of this Act, the President shall direct the Secretary of State to establish and maintain an Internet website to make publicly available in unclassified form comprehensive, timely, comparable, and accessible information on United States foreign development assistance. The head of each Federal department or agency that administers United States foreign development assistance shall, not later than 3 years after the date of the enactment of this Act, publish and on a quarterly basis update on the Internet website such information with respect to the United States foreign development assistance programs of such Federal department or agency. (b) Matters To Be Included.-- (1) In general.--Such information shall be published on a detailed program-by-program basis and country-by-country basis. (2) Types of information.--To ensure transparency, accountability, and effectiveness of United States foreign development assistance, such information should include country assistance strategies, annual budget documents, congressional budget justifications, obligations, expenditures, and reports and evaluations, including those developed pursuant to the guidelines established by section 2, for United States foreign development assistance programs and projects under such programs. Each type of information described in this paragraph shall be published or updated on the Internet website not later than 90 days after the date of issuance of the information. (3) Report in lieu of inclusion.--If-- (A) the head of a Federal department or agency makes a determination that the inclusion of a required item of information on the Internet website would jeopardize the health or security of an implementing partner or program beneficiary; or (B) the Secretary of State makes a determination that the inclusion of a required item of information on the Internet website would be detrimental to the national interests of the United States, then the head of such Federal department or agency or the Secretary of State, as the case may be, shall provide briefings to Congress on the item of information or submit to Congress the item of information in a written report in lieu of it being included on the Internet website, along with the reasons for it not being included on the Internet website. Any such item of information may be submitted to Congress in classified form. (c) Scope of Information.-- (1) In general.--The Internet website shall contain the information described in subsection (b) as follows: (A) For fiscal year 2013, the information relating to such fiscal year and each of the immediately preceding 2 fiscal years. (B) For fiscal year 2014, the information relating to such fiscal year and each of the immediately preceding 3 fiscal years. (C) For fiscal year 2015, the information relating to such fiscal year and each of the immediately preceding 4 fiscal years. (D) For fiscal year 2016 and each fiscal year thereafter, the information relating to such fiscal year and each of the immediately preceding 5 fiscal years. (2) Older information.--For fiscal year 2017 and each fiscal year thereafter, the Internet website shall also contain a link to a searchable database available to the public containing information described in subsection (b) relating to fiscal years prior to the immediately preceding 5 fiscal years but subsequent to fiscal year 2010. SEC. 4. CONGRESSIONAL BRIEFINGS IF REQUIREMENTS OF SECTION 3 ARE NOT MET. If the information described in section 3(b) with respect to a United States foreign development assistance program is not provided as required under section 3, then the head of the relevant Federal department or agency shall provide briefings to the appropriate congressional committees, along with a detailed explanation of why the requirements for publication on the Internet have not been met and when they will be met, with respect to each month for which such information is not published on the Internet. SEC. 5. OFFSET. Of the amounts authorized to be appropriated for United States foreign development assistance programs of a Federal department or agency that administers such programs for a fiscal year, up to 5 percent of such amounts are authorized to be appropriated to carry out this Act with respect to such programs for such fiscal year. SEC. 6. 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) United states foreign development assistance.--The term ``United States foreign development assistance'' means assistance primarily for purposes of foreign development and economic support, including but not limited to assistance authorized under-- (A) part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than-- (i) title IV of chapter 2 of such part (relating to the Overseas Private Investment Corporation); (ii) chapter 3 of such part (relating to International Organizations and Programs); and (iii) chapter 8 of such part (relating to International Narcotics Control); (B) chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) for long-term development; and (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.). Passed the House of Representatives December 30, 2012. Attest: KAREN L. HAAS, Clerk.

Foreign Aid Transparency and Accountability Act of 2012 - Directs the President to establish guidelines regarding the establishment of measurable goals, performance metrics, and monitoring and evaluation plans for U.S. foreign assistance. Requires such guidelines to provide direction to federal departments and agencies that administer U.S. foreign assistance relating to: (1) resource monitoring, (2) project and program evaluation, and (3) analysis of findings and generalizations and their applicability to proposed project and program design. Requires: (1) each appropriate federal department or agency to begin using such guidelines within one year after their establishment, and (2) the President to submit a related report to Congress within 18 months. Directs the President to require the Secretary of State to establish and maintain an Internet website to make publicly available comprehensive and accessible information on U.S. foreign assistance programs on a country-by-country and program-by program basis. Authorizes a department or agency to use up to 5% of its foreign development assistance funds for activities under this Act.

To direct the President to establish guidelines for United States foreign development assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Produce the Note Act of 2009''. SEC. 2. REQUIRED INFORMATION AND NOTICE. Notwithstanding any other provision of State or Federal law, no foreclosure, whether judicial or nonjudicial, may be commenced with respect to a covered residential mortgage unless the person commencing the foreclosure complies with all of the following requirements: (1) Submission of information.--The person commencing the foreclosure shall submit to the court, in the case of a judicial foreclosure, or to the office of the State or other subdivision of the State to which notice of default, foreclosure, or sale of the foreclosed property is required under State law to be submitted, in the case of a nonjudicial foreclosure, a report prepared by an independent party that includes the following information: (A) A statement of findings as to whether the covered residential mortgage was made and serviced in compliance with the terms of, and regulations under, the following laws: (i) The Truth in Lending Act (15 U.S.C. 1601) and Regulation Z of the Board of Governors of the Federal Reserve System under such Act. (ii) The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) and Regulation B of the Board of Governors of the Federal Reserve System under such Act. (iii) The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.). (iv) The Federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). (v) The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) and Regulation X of the Secretary of Housing and Urban Development under such Act. (vi) The Flood Disaster Protection Act of 1973 (42 U.S.C. 2002 et seq.). (vii) The Fair Housing Act (42 U.S.C. 3601 et seq.). (viii) The Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.). (ix) The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73). (x) Any applicable provisions of State and local law relating to real estate lending or consumer protection. (B) Certification of any mortgage modification efforts that were employed and any offers made to the mortgagor by the person commencing the foreclosure. (C) If any noncompliance is found pursuant to subparagraph (A), a statement as to whether the violations are such that the mortgagor should be afforded an extended right, beyond the period permitted under State law-- (i) to rescind the mortgage in defense of the foreclosure; or (ii) to redeem the mortgage. (D) Identification of-- (i) the actual holder of the mortgage note, the originating lender for the mortgage and all subsequent assignees, and other all parties who have an interest in the real estate that is subject to the mortgage or in the mortgage or the proceeds of the mortgage; and (ii) any parties identified pursuant to clause (i) that received any assistance pursuant to title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) and the amount of any such assistance received. (E) A statement of whether a bona fide default on the covered mortgage has occurred. (F) A description of any hardship circumstances regarding the economic circumstances of the mortgagor that would be relevant to a determination by the mortgagee of whether to modify the mortgage. (G) A statement of whether the mortgage is insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.). (H) A statement of whether the mortgage is, or any terms of the mortgage are, unfair or constitute an unfair or deceptive act or practice violating the Federal Trade Commission Act (15 U.S.C. 41 et seq.), and if so, a description of the unfairness or the unfair or deceptive act or practice. (I) A statement of whether any material misrepresentations were made that fraudulently induced the mortgagor to enter into the transaction to his or her detriment, and if so, a description of such misrepresentation. (J) Identification of any offsets to the creditor claim on the mortgage. (K) A statement of the racial characteristics, gender, census tract, and income level of the mortgagor, as such terms are used for purposes of compliance with the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.). (2) Required notification.--The person commencing the foreclosure shall provide notice to the mortgagor, in writing, not less than 5 days before any action is taken to commence the proceeding or action for foreclosure, and shall certify to the court, in the case of a judicial foreclosure, or to the office of the State or other subdivision of the State to which notice of default, foreclosure, or sale of the foreclosed property is required under State law to be submitted in the case of a nonjudicial foreclosure, that such notice has been provided, that includes the following information: (A) A statement of any rights of the mortgagor under the applicable laws governing the foreclosure and consumer rights. (B) A statement of any deadlines for filing answers, defenses, or objections to the foreclosure, including those rights of the mortgagor under the Real Estate Settlement Procedures Act of 1974 and any applicable State laws. (C) A statement of any penalties and other consequences for the mortgagor if the mortgagor does not respond or file answers to the foreclosure. (D) A statement of the amounts claimed to be in arrears under the mortgage and needed to reinstate the account and all associated costs and fees, set forth in itemized and distinct categories, and current and correct contact information, including telephone numbers, electronic mail addresses, and postal addresses, at which the mortgagor can obtain further information regarding the mortgage account. (E) A description of any additional options, such as mortgage workout, modification, mitigation, and redemption, that might be available to the mortgagor to prevent the foreclosure from proceeding and a description of how the mortgagor can obtain additional information regarding such options. (F) A statement of the correct names, telephone numbers, electronic mail addresses, postal addresses, and any State licensing numbers of the mortgage holder, the mortgage servicer, and the person or persons authorized to take the actions described pursuant to subparagraph (E). SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Independent party.--The term ``independent party'' means, with respect to foreclosure on a covered residential mortgage, an individual who has no interest in, or affiliation with, any party involved in such foreclosure or with the covered residential mortgage involved in such foreclosure, including any party that owns, manages, controls, or directs such an involved party, any party that is owned, managed, controlled, or directed by such an involved party, or any party that is under common ownership, management, control, or direction with such an involved party. (2) Covered residential mortgage.--The term ``covered residential mortgage'' means a mortgage that meets the following requirements: (A) The property securing the obligation under the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (B) The mortgagor under the mortgage shall occupy the property securing the obligation under the mortgage as his or her principal residence. (3) Mortgage.-- (A) In general.--The term ``mortgage'' means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal, or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation. (B) Condominiums and cooperatives.--Such term includes a first mortgage given to secure-- (i) the unpaid purchase price of a fee interest in, or a long-term leasehold interest in, a one-family unit in a multifamily project, including a project in which the dwelling units are attached or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities that serve the project; or (ii) repayment of a loan made to finance the purchase of stock or membership in a cooperative housing corporation the permanent occupancy of dwelling units of which is restricted to members of such corporation, where the purchase of such stock or membership entitles the purchaser to the permanent occupancy of one of such units. SEC. 4. RELATION TO STATE LAW. This Act does not annul, alter, or affect, or exempt any person subject to the provisions of this Act from complying with, the laws of any State or subdivision thereof with respect to foreclosure on a residential mortgage, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. No provision of the laws of any State or subdivision thereof may be determined to be inconsistent with any provision of this Act if such law is determined to require greater disclosure or notice than is required under this Act or to provide greater protection to the mortgagee than is required under this Act.

Produce the Note Act of 2009 - Prohibits commencement of any foreclosure in connection with certain residential mortgages unless the person commencing the foreclosure complies with specified prerequisites, including identification of the actual holder of the mortgage note, the originating mortgage lender and all subsequent assignees, and other all parties who have an interest in the real estate subject to the mortgage or in the mortgage or its proceeds. Requires the person commencing the foreclosure to: (1) notify the mortgagor, in writing, not less than five days before any action is taken to commence foreclosure; and (2) certify to the court, in the case of a judicial foreclosure, or to the office of the state to which notice is required under state law, that such notice has been provided.

To require the filing of certain information regarding a residential mortgage in any proceeding for foreclosure of the mortgage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Fairness Act of 2010''. SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE REQUIREMENT FOR NEW FLOOD HAZARD AREAS. (a) In General.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following new subsection: ``(i) Delayed Effective Date of Mandatory Purchase Requirement for New Flood Hazard Areas.-- ``(1) In general.--In the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps that takes effect on or after September 1, 2008, becomes designated as an area having special flood hazards, such designation shall not take effect for purposes of subsection (a), (b), or (e) of this section, or section 202(a) of this Act, until the expiration of the 5-year period beginning upon the date that such maps, as issued, revised, update, or otherwise changed, become effective. ``(2) Rule of construction.--Nothing in paragraph (1) may be construed to affect the applicability of a designation of any area as an area having special flood hazards for purposes of the availability of flood insurance coverage, criteria for land management and use, notification of flood hazards, eligibility for mitigation assistance, or any other purpose or provision not specifically referred to in paragraph (1).''. (b) Conforming Amendment.--The second sentence of subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended by striking ``Such'' and inserting ``Except for notice regarding a change described in section 102(i)(1) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''. (c) No Refunds.--Nothing in this section or the amendments made by this section may be construed to authorize or require any payment or refund for flood insurance coverage purchased for any property that covered any period during which such coverage is not required for the property pursuant to the applicability of the amendment made by subsection (a). SEC. 3. 5-YEAR PHASE-IN OF FLOOD INSURANCE RATES FOR NEWLY MAPPED AREAS. Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``or notice'' after ``prescribe by regulation''; (2) in subsection (c), by inserting ``and subsection (g)'' before the first comma; and (3) by adding at the end the following new subsection: ``(g) 5-Year Phase-In of Flood Insurance Rates for Newly Mapped Areas.--Notwithstanding any other provision of law relating to chargeable risk premium rates for flood insurance coverage under this title, in the case of any property that is located within any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps, becomes designated as such an area, during the 5-year period that begins upon the earlier of (A) the expiration of the period referred to in section 102(i)(1) of the Flood Disaster Protection Act of 1973 with respect to such area, or (B) the first date during such period referred to in such section 102(i)(1) with respect to such area that flood insurance coverage under this title is in effect for such property, the chargeable premium rate for flood insurance under this title with respect to such shall be-- ``(1) for the first year of such 5-year period, 20 percent of the chargeable risk premium rate otherwise applicable under this title to the property; ``(2) for the second year of such 5-year period, 40 percent of the chargeable risk premium rate otherwise applicable under this title to the property; ``(3) for the third year of such 5-year period, 60 percent of the chargeable risk premium rate otherwise applicable under this title to the property; ``(4) for the fourth year of such 5-year period, 80 percent of the chargeable risk premium rate otherwise applicable under this title to the property; and ``(5) for the fifth year of such 5-year period, 100 percent of the chargeable risk premium rate otherwise applicable under this title to the property.''. SEC. 4. REIMBURSEMENT OF PROPERTY OWNERS FOR COSTS INCURRED IN REQUESTS TO REMOVE PROPERTY FROM BASE FLOOD ELEVATIONS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: ``(k) Reimbursement of Property Owners for Costs Incurred in Requests To Remove Property From Base Flood Elevations.--If an owner of a real property incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in effecting any request to the Director to remove the property from inclusion within the base flood elevations established under flood insurance map panels, and the Director grants such request 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 request as compared to the entire request. The Director shall apply such ratio to the average cost of such services in the community for jobs of a similar size.''. SEC. 5. COMMUNITY OUTREACH PLAN FOR UPDATING FLOODPLAIN AREAS AND FLOOD-RISK ZONES. The Administrator of the Federal Emergency Management Agency-- (1) shall, not later than the expiration of the 60-day period beginning upon the date of the enactment of this Act, submit to the Congress a community outreach plan for the updating of floodplain areas and flood-risk zones under section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)); and (2) may not revise and update any floodplain area or flood- risk zone under such section 1360(f) of the National Flood Insurance Act of 1968 until the date on which the Administrator submits such community outreach plan. SEC. 6. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: ``(l) Notification to Members of Congress of Map Modernization.-- Upon any revision or update of any floodplain area or flood-risk zone pursuant to subsection (f), any decision pursuant to subsection (f)(1) that such revision or update is necessary, any issuance of preliminary maps for such revision or updating, or any other significant action relating to any such revision or update, the Director shall notify the Senators for each State affected, and each Member of the House of Representatives for each congressional district affected, by such revision or update in writing of the action taken.''.

Flood Insurance Fairness Act of 2010 - Amends the Flood Disaster Protection Act of 1973 to delay, for certain areas not previously designated as having special flood hazards, the effective date for the mandatory purchase of flood insurance until the expiration of the five-year period beginning upon the date that revisions to certain flood insurance maps become available. Prohibits this Act from being construed to authorize or require any payment or refund for flood insurance coverage purchases that covered any period during which such coverage is not required for the insured property. Amends the National Flood Insurance Act of 1968 to prescribe a five-year phase-in schedule for flood insurance rates for areas newly mapped as having special flood hazards. Requires the Administrator of the Federal Emergency Management Agency (FEMA) to reimburse property owners for costs incurred in requests to remove property from base flood elevations. Instructs the FEMA Administrator to submit to Congress a community outreach plan updating floodplain areas and flood-risk zones. Instructs the FEMA Administrator to notify the appropriate Members of Congress of actions taken regarding any modernization of a floodplain area or flood-risk zone in their respective states or districts.

To revise the National Flood Insurance Program to more fairly treat homeowners who purchase insurance under the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Preparedness Standards Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Second Report of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction (also known as the Gilmore Commission) called for standards for emergency preparedness and response. (2) The National Strategy for Homeland Security calls for the issuance of standards for emergency preparedness and response. (3) The standard-setting activities called for in the Homeland Security Act of 2002 (Public Law 107-296) need to be accelerated and coordinated. (4) Actual preparedness against the threat of weapons of mass destruction is not being enhanced sufficiently. (5) The lack of standards for Federal, State, and local government emergency preparedness and response poses the risk of grant funds for emergency preparedness and response being wasted. SEC. 3. EMERGENCY PREPAREDNESS AND RESPONSE STANDARDS. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 510. EMERGENCY PREPAREDNESS AND RESPONSE STANDARDS. ``(a) Requirement to Establish Standards.-- ``(1) In general.--The Secretary, in consultation with other Federal agencies, State and local emergency responder agencies and officials, and standard-setting bodies from the emergency responder community, shall establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, including for training, interoperable communication systems, and response equipment. ``(2) Content.--The Secretary shall design such standards to comply with the following: ``(A) Flexibility.--The standards shall be sufficiently flexible to allow local government officials to set priorities based on their needs, while reaching nationally determined preparedness levels within a fixed time period. ``(B) Measurable capabilities.--The standards shall be designed to develop emergency preparedness and response capabilities that are measurable and subject to Federal audit. ``(b) Determination of State and Local Government Minimum Essential Capability.--The Secretary shall-- ``(1) determine for each State the minimum essential emergency preparedness and response capability that should be achieved by the State, including State and local government emergency preparedness and response agencies of the State; and ``(2) measure for each State progress made by State and local government emergency preparedness and response agencies-- ``(A) in achieving the minimum essential capability determined for the State under paragraph (1); and ``(B) complying with standards issued by the Secretary under this section. ``(c) Improvement of Compliance With Standards.--To improve compliance with emergency preparedness and response capability standards under this section, the Secretary may-- ``(1) coordinate and consolidate the development by the Federal Government of standards for Federal, State, and local government for Federal, State, and local government emergency preparedness and response capability, including for training, interoperable communication systems, and response equipment; ``(2) establish and coordinate an integrated capability for Federal, State, and local governments and emergency responders to plan for and address potential consequences of terrorism; ``(3) coordinate provision of Federal terrorism preparedness assistance to State, tribal, and local governments; ``(4) establish standards for a national, interoperable emergency communications and warning system; and ``(5) establish standards for training of first responders, and for equipment to be used by first responders, to respond to incidents of terrorism, including incidents involving weapons of mass destruction. ``(d) Consultation.--In carrying out activities under this section, the Secretary shall consult with relevant private sector groups, including-- ``(1) the National Fire Protection Association; ``(2) National Association of County and City Health Officials; ``(3) Association of State and Territorial Health Officials; and ``(4) American National Standards Institute. ``(e) Annual Report.--The Secretary shall, by not later than 9 months after the date of the enactment of this section and annually thereafter, report to the Congress, on a State-by-State basis, regarding-- ``(1) progress achieved, by grant and training programs administered by the Department, in-- ``(A) increasing State and local government terrorism preparedness; and ``(B) conforming such State and local government terrorism preparedness to applicable standards issued by Federal agencies; ``(2) when State and local government terrorism preparedness will conform to such standards; and ``(3) the amount of expenditures required for State and local government terrorism preparedness to conform to such standards.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 509 the following: ``Sec. 510. Emergency preparedness and response standards.''. SEC. 4. STANDARD WITH RESPECT TO WEAPONS OF MASS DESTRUCTION. The Secretary of Homeland Security shall, pursuant to the amendment made by section 3, include in the fiscal year 2005 budget request for the Department of Homeland Security a minimum essential emergency preparedness and response capability standard with respect to weapons of mass destruction- and terrorism-related disaster equipment and training, separately-- (1) for metropolitan areas, expressed per 100,000 persons in a metropolitan area; and (2) for rural areas.

National Preparedness Standards Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, including standards and guidelines for training, interoperable communication systems, and response equipment. Requires such standards to be: (1) sufficiently flexible to allow local government officials to set priorities based on their needs, while reaching nationally-determined preparedness levels within a fixed time period; and (2) measurable and subject to Federal audit. Directs the Secretary to: (1) determine minimum essential emergency preparedness and response capabilities for each State; (2) measure the progress of each State in achieving such capabilities and in complying with standards issued by the Secretary; and (3) include in the FY 2005 budget request for the Department of Homeland Security a separate minimum essential emergency preparedness and response capability standard for metropolitan areas and for rural areas with respect to weapons of mass destruction and terrorism-related disaster equipment and training.

To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boating Improvement Act of 1994''. SEC. 2. BOATING SAFETY GRANTS. (a) Transfer of Amounts for State Boating Safety Programs.-- (1) Transfers.--Section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), is amended to read as follows: ``(b)(1) Of the balance of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, $55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal years 1998 and 1999, shall, subject to paragraph (2), be used as follows: ``(A) A sum equal to $7,500,000 of the amount available for fiscal year 1995, and a sum equal to $10,000,000 of the amount available for each of fiscal years 1996 and 1997, shall be available for use by the Secretary of the Interior for grants under section 5604(c) of the Clean Vessel Act of 1992. Any portion of such a sum available for a fiscal year that is not obligated for those grants before the end of the following fiscal year shall be transferred to the Secretary of Transportation and shall be expended by the Secretary of Transportation for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(B) A sum equal to $7,500,000 of the amount available for fiscal year 1995, $30,000,000 of the amount available for fiscal year 1996, $45,000,000 of the amount available for fiscal year 1997, and $59,000,000 of the amount available for each of fiscal years 1998 and 1999, shall be transferred to the Secretary of Transportation and shall be expended by the Secretary of Transportation for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(C) A sum equal to $10,000,000 of the amount available for each of fiscal years 1998 and 1999 shall be available for use by the Secretary of the Interior for-- ``(i) grants under section 3(e) of the Boating Improvement Act of 1994; and ``(ii) grants under section 5604(c) of the Clean Vessel Act of 1992. Any portion of such a sum available for a fiscal year that is not obligated for those grants before the end of the following fiscal year shall be transferred to the Secretary of Transportation and shall be expended by the Secretary of Transportation for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(2)(A) Beginning with fiscal year 1996, the amount transferred under paragraph (1)(B) for a fiscal year shall be reduced by the lesser of-- ``(i) the amount appropriated to the Secretary of Transportation for that fiscal year to carry out the purposes of section 13106 of title 46, United States Code, from the Boat Safety Account in the Aquatic Resources Trust Fund established under section 9504 of the Internal Revenue Code of 1986; or ``(ii) $35,000,000; or ``(iii) for fiscal year 1996 only, $30,000,000. ``(B) The amount of any reduction under subparagraph (A) shall be apportioned among the several States under subsection (d) by the Secretary of the Interior.''. (2) Conforming amendment.--Section 5604(c)(1) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking ``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended by this Act)'' and inserting ``section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''. (3) Limitation on other distribution.--Notwithstanding any other law, the amount distributed under section 4(a) of the Act of August 9, 1950 (16 U.S.C. 777c(a)), in fiscal year 1996 may not exceed $50,000,000. (b) Expenditure of Amounts for State Recreational Boating Safety Programs.--Section 13106 of title 46, United States Code, is amended-- (1) in subsection (a)(1) by striking the first sentence and inserting the following: ``Subject to paragraph (2), the Secretary shall expend under contracts with States under this chapter in each fiscal year for State recreational boating safety programs an amount equal to the sum of the amount appropriated from the Boat Safety Account for that fiscal year plus the amount transferred to the Secretary under section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for that fiscal year.''; and (2) by amending subsection (c) to read as follows: ``(c) For expenditure under this chapter for State recreational boating safety programs there are authorized to be appropriated to the Secretary of Transportation from the Boat Safety Account established under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal year.''. SEC. 3. BOATING ACCESS. (a) Findings.--The Congress makes the following findings: (1) Nontrailerable recreational motorboats contribute 15 percent of the gasoline taxes deposited in the Aquatic Resources Trust Fund while constituting less than 5 percent of the recreational vessels in the United States. (2) The majority of recreational vessel access facilities constructed with Aquatic Resources Trust Fund moneys benefit trailerable recreational vessels. (3) More Aquatic Resources Trust Fund moneys should be spent on recreational vessel access facilities that benefit recreational vessels that are nontrailerable vessels. (b) Purpose.--The purpose of this section is to provide funds to States for the development of public facilities for transient nontrailerable vessels. (c) Survey.--Within 18 months after the date of the enactment of this Act, any State may complete and submit to the Secretary of the Interior a survey which identifies-- (1) the number and location in the State of all public facilities for transient nontrailerable vessels; and (2) the number and areas of operation in the State of all nontrailerable vessels that operate on navigable waters in the State. (d) Plan.--Within 6 months after submitting a survey to the Secretary of the Interior in accordance with subsection (c), a State may develop and submit to the Secretary of the Interior a plan for the construction and renovation of public facilities for transient nontrailerable vessels to meet the needs of nontrailerable vessels operating on navigable waters in the State. (e) Grant Program.-- (1) Matching grants.--The Secretary of the Interior may obligate not less than \1/2\ of the amount made available for each of fiscal years 1998 and 1999 under section 4(b)(1)(C) of the Act of August 9, 1950, as amended by section 2(a)(1) of this Act, to make grants to any State to pay not more than 75 percent of the cost of constructing or renovating public facilities for transient nontrailerable vessels. (2) Priorities.-- (A) In general.--In awarding grants under this subsection, the Secretary of the Interior shall give priority to projects that consist of the construction or renovation of public facilities for transient nontrailerable vessels in accordance with a plan submitted by a State submitted under subsection (b). (B) Within state.--In awarding grants under this subsection for projects in a particular State, the Secretary of the Interior shall give priority to projects that are likely to serve the greatest number of nontrailerable vessels. SEC. 4. DEFINITIONS. For the purpose of this Act the term-- (1) ``Act of August 9, 1950'' means the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.); (2) ``nontrailerable vessel'' means a recreational vessel greater than 26 feet in length; (3) ``public facilities for transient nontrailerable vessels'' means mooring buoys, day-docks, seasonal slips or similar structures located on navigable waters, that are available to the general public and designed for temporary use by nontrailerable vessels; (4) ``recreational vessel'' means a vessel-- (A) operated primarily for pleasure; or (B) leased, rented, or chartered to another for the latter's pleasure; and (5) ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

Boating Improvement Act of 1994 - Amends the Dingell-Johnson Sport Fish Restoration Act to increase the amounts transferred from State fish restoration and management project appropriations for grants for recreational boating safety programs. Revises funding from the same appropriations for grants to coastal and inland States for: (1) the construction and renovation of pumpout stations and waste reception facilities; and (2) education of recreational boaters about the problems of human body waste discharges from vessels. Revises the amount the Secretary of Transportation shall expend from the Boat Safety Account for State recreational boating safety programs. Authorizes eligible States to submit plans to the Secretary of the Interior for the construction and renovation of public facilities for transient nontrailerable vessels. Authorizes grants for such purposes.

Boating Improvement Act of 1994

SECTION 1. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED MILITARY INSTALLATIONS INTO YOUTHFUL OFFENDER BOOT CAMPS. (a) Bases Closed or Realigned Under 1990 Base Closure Law.--Section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new subsection: ``(h) Priority for Conversion to Youthful Offender Boot Camps.--(1) Notwithstanding subsection (b), before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this part, the Secretary of Defense shall notify the State and each local government in which the installation is located and other interested persons of the suitability of the property or facility for conversion and use as a youthful offender boot camp. ``(2) Subject to paragraphs (3), (4), and (5), the Secretary shall transfer (without reimbursement) the property or facilities described in the notification to the State, local government, or interested person if the State, local government, or person certifies that the property or facilities will be promptly converted to and used as a youthful offender boot camp. ``(3) Any certification submitted under paragraph (2) must be received by the Secretary not later than 180 days after the Secretary provides the notification required by paragraph (1) and must include a conversion and operating plan for the youthful offender boot camp. If the Secretary receives more than one certification for a particular property or facility, the Secretary shall submit the competing conversion and operating plans to the Attorney General who shall be responsible for selecting the recipient of the property or facility based upon the quality and feasibility of the competing plans. ``(4) In the case of a certification submitted by a private person, the Secretary shall submit the conversion and operating plan accompanying the certification to the Attorney General for review. The Secretary shall reject the certification and refuse to transfer the property or facility concerned if-- ``(A) the Attorney General determines on the basis of the conversion and operating plan that the person will likely be unable to successfully convert or operate the proposed youthful offender boot camp; or ``(B) the State or any local government in which the installation is located opposes the transfer. ``(5) Paragraph (2) shall not apply to require the transfer of any real property or facility located at a military installation to be closed or realigned under this part if the head of a military department or other entity of the Department of Defense notifies the Secretary that there is further and compelling national security need for the property or facility. ``(6) As used in this subsection, the term `youthful offender boot camp' means a correctional facility operated as a military-style boot camp to provide discipline, treatment, and work for adjudicated offenders who are between the ages of 14 and 25, inclusive.''. (b) Bases Closed or Realigned Under 1988 Base Closure Law.-- Section 204 of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the end the following new subsection: ``(g) Priority for Conversion to Youthful Offender Boot Camps.--(1) Notwithstanding subsection (b), before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this title, the Secretary of Defense shall notify the State and each local government in which the installation is located and other interested persons of the suitability of the property or facility for conversion and use as a youthful offender boot camp ``(2) Subject to paragraphs (3), (4), and (5), the Secretary shall transfer (without reimbursement) the property or facilities described in the notification to the State, local government, or interested person if the State, local government, or person certifies that the property or facilities will be promptly converted to and used as a youthful offender boot camp. ``(3) Any certification submitted under paragraph (2) must be received by the Secretary not later than 180 days after the Secretary provides the notification required by paragraph (1) and must include a conversion and operating plan for the youthful offender boot camp. If the Secretary receives more than one certification for a particular property or facility, the Secretary shall submit the competing conversion and operating plans to the Attorney General who shall be responsible for selecting the recipient of the property or facility based upon the quality and feasibility of the competing plans. ``(4) In the case of a certification submitted by a private person, the Secretary shall submit the conversion and operating plan accompanying the certification to the Attorney General for review. The Secretary shall reject the certification and refuse to transfer the property or facility concerned if-- ``(A) the Attorney General determines on the basis of the conversion and operating plan that the person will likely be unable to successfully convert or operate the proposed youthful offender boot camp; or ``(B) the State or any local government in which the installation is located opposes the transfer. ``(5) Paragraph (2) shall not apply to require the transfer of any real property or facility located at a military installation to be closed or realigned under this title if the head of a military department or other entity of the Department of Defense notifies the Secretary that there is further and compelling national security need for the property or facility. ``(6) As used in this subsection, the term `youthful offender boot camp' means a correctional facility operated as a military-style boot camp to provide discipline, treatment, and work for adjudicated offenders who are between the ages of 14 and 25, inclusive.''. (c) Model Youthful Offender Boot Camp.-- (1) Development.--The Secretary of Defense, in consultation with the Federal Bureau of Prisons and State and local correctional agencies, shall develop a model program intended to incorporate military basic training and other military instruction and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. (2) Definition.--For purposes of this subsection, the term ``youthful offender boot camp'' means a correctional facility operated as a military-style boot camp to provide discipline, treatment, and work for adjudicated non-violent offenders who are between the ages of 14 and 25, inclusive. SEC. 2. GRANTS FOR BOOT CAMPS. Subsection (a) of section 516 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended-- (1) by striking ``80'' and inserting ``40''; and (2) by striking ``10'' the second place it appears and inserting ``50''.

Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the Secretary to transfer the property to a State, local government, or interested party that certifies that the property or facilities will be promptly converted and used for such purpose. Provides certification procedures to be followed by the Attorney General in the case of a certification submitted by a private person. Prohibits any transfer of property under this Act when the head of a military department or other Department of Defense entity notifies the Secretary that there is a further and compelling national security need for the property or facility. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternatives to traditional modes of incarceration and offender release programs.

To establish a priority in the disposal of real property resulting from the closure or realignment of military installations toward States and other entities that agree to convert the property into correctional facilities for youthful offenders to be operated as military-style boot camps and to require the Secretary of Defense to develop a program to promote the expanded use of such correctional facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pennsylvania Battlefields Protection Act of 1999''. TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS SEC. 101. PAOLI BATTLEFIELD PROTECTION. (a) Paoli Battlefield.--The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to provide funds to the borough of Malvern, Pennsylvania, for the acquisition of the area known as the ``Paoli Battlefield'', located in the borough of Malvern, Pennsylvania, as generally depicted on the map entitled ``Paoli Battlefield'' numbered 80,000 and dated April 1999 (referred to in this title as the ``Paoli Battlefield''). The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Cooperative Agreement and Technical Assistance.--The Secretary shall enter into a cooperative agreement with the borough of Malvern, Pennsylvania, for the management by the borough of the Paoli Battlefield. The Secretary may provide technical assistance to the borough of Malvern to assure the preservation and interpretation of the Paoli Battlefield's resources. (c) Authorization of Appropriations.--There are authorized to be appropriated $1,250,000 to carry out this section. Such funds shall be expended in the ratio of one dollar of Federal funds for each dollar of funds contributed by non-Federal sources. Any funds provided by the Secretary shall be subject to an agreement that provides for the protection of the Paoli Battlefield's resources. SEC. 102. BRANDYWINE BATTLEFIELD PROTECTION. (a) Brandywine Battlefield.-- (1) In general.--The Secretary is authorized to provide funds to the Commonwealth of Pennsylvania, a political subdivision of the Commonwealth, or the Brandywine Conservancy, for the acquisition, protection, and preservation of land in an area generally known as the Meetinghouse Road Corridor, located in Chester County, Pennsylvania, as depicted on a map entitled ``Brandywine Battlefield--Meetinghouse Road Corridor'', numbered 80,000 and dated April 1999 (referred to in this title as the ``Brandywine Battlefield''). The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) Willing sellers or donors.--Lands and interests in land may be acquired pursuant to this section only with the consent of the owner thereof. (b) Cooperative Agreement and Technical Assistance.--The Secretary shall enter into a cooperative agreement with the same entity that is provided funds under subsection (a) for the management by the entity of the Brandywine Battlefield. The Secretary may also provide technical assistance to the entity to assure the preservation and interpretation of the Brandywine Battlefield's resources. (c) Authorization of Appropriations.--There are authorized to be appropriated $3,000,000 to carry out this section. Such funds shall be expended in the ratio of one dollar of Federal funds for each dollar of funds contributed by non-Federal sources. Any funds provided by the Secretary shall be subject to an agreement that provides for the protection of the Brandywine Battlefield's resources. TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK SEC. 201. PURPOSE. The purpose of this title is to authorize the Secretary of the Interior to enter into an agreement with the Valley Forge Historical Society (hereinafter referred to as the ``Society''), to construct and operate a museum within the boundary of Valley Forge National Historical Park in cooperation with the Secretary. SEC. 202. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION. (a) Agreement Authorized.--The Secretary of the Interior, in administering the Valley Forge National Historical Park, is authorized to enter into an agreement under appropriate terms and conditions with the Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of Valley Forge National Historical Park. (b) Contents and Implementation of Agreement.--An agreement entered into under subsection (a) shall-- (1) authorize the Society to develop and operate the museum pursuant to plans developed by the Secretary and to provide at the museum appropriate and necessary programs and services to visitors to Valley Forge National Historical Park related to the story of Valley Forge and the American Revolution; (2) only be carried out in a manner consistent with the General Management Plan and other plans for the preservation and interpretation of the resources and values of Valley Forge National Historical Park; (3) authorize the Secretary to undertake at the museum activities related to the management of Valley Forge National Historical Park, including, but not limited to, provision of appropriate visitor information and interpretive facilities and programs related to Valley Forge National Historical Park; (4) authorize the Society, acting as a private nonprofit organization, to engage in activities appropriate for operation of the museum that may include, but are not limited to, charging appropriate fees, conducting events, and selling merchandise, tickets, and food to visitors to the museum; (5) provide that the Society's revenues from the museum's facilities and services shall be used to offset the expenses of the museum's operation; and (6) authorize the Society to occupy the museum so constructed for the term specified in the Agreement and subject to the following terms and conditions: (A) The conveyance by the Society to the United States of all right, title, and interest in the museum to be constructed at Valley Forge National Historical Park. (B) The Society's right to occupy and use the museum shall be for the exhibition, preservation, and interpretation of artifacts associated with the Valley Forge story and the American Revolution, to enhance the visitor experience of Valley Forge National Historical Park, and to conduct appropriately related activities of the Society consistent with its mission and with the purposes for which the Valley Forge National Historical Park was established. Such right shall not be transferred or conveyed without the express consent of the Secretary. (C) Any other terms and conditions the Secretary determines to be necessary. SEC. 203. PRESERVATION AND PROTECTION. Nothing in this title authorizes the Secretary or the Society to take any actions in derogation of the preservation and protection of the values and resources of Valley Forge National Historical Park. An agreement entered into under section 202 shall be construed and implemented in light of the high public value and integrity of the Valley Forge National Historical Park and the National Park System. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Paoli and Brandywine Battlefields Title II: Valley Forge National Historical Park Pennsylvania Battlefields Protection Act of 1999 - Title I: Paoli and Brandywine Battlefields - Authorizes the Secretary of the Interior to provide funds to, and enter into a cooperative management agreement with, the borough of Malvern, Pennsylvania, for the protection and preservation of the Paoli Battlefield. Authorizes appropriations. Authorizes the Secretary to provide funds to, and enter into a cooperative management agreement with, the Commonwealth of Pennsylvania, a political subdivision of the Commonwealth, or the Brandywine Conservancy, for the protection and preservation of the Brandywine Battlefield in an area generally known as the Meetinghouse Road Corridor, located in Chester County, Pennsylvania. States that interests in land shall be acquired only from willing sellers or donors. Authorizes appropriations. Title II: Valley Forge National Historical Park - Authorizes the Secretary, in administering the Valley Forge National Historical Park, to enter into an agreement with the Valley Forge Historical Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of Valley Forge National Historical Park. Requires the agreement to provide for conveyance by the Society to the United States of all right, title, and interest in the structures to be constructed at the Park, reserving the Society's right to occupy and use them for the exhibition, preservation, and interpretation of artifacts associated with the Valley Forge story and the American Revolution.

Pennsylvania Battlefields Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Congress Act of 1995''. SEC. 2. BAN ON CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL OFFICE BY PERSONS OTHER THAN INDIVIDUALS AND POLITICAL PARTY COMMITTEES. 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 contributions to candidates by persons other than individuals and political party committees ``Sec. 323. Notwithstanding any other provision of this Act, no person other than an individual or a political committee of a political party may make contributions to any candidate and the authorized political committees of such candidate with respect to any election for Federal office.''. SEC. 3. CONGRESSIONAL ELECTION BAN ON CONTRIBUTIONS FROM PERSONS OTHER THAN POLITICAL PARTY COMMITTEES AND IN-STATE INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions from persons other than political committees of political parties and in-State individual residents. ``(2) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election is held.''. SEC. 4. ELIMINATION OF MULTICANDIDATE POLITICAL COMMITTEES AS A SEPARATE CATEGORY OF POLITICAL COMMITTEE FOR CONTRIBUTION LIMITATION PURPOSES. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) by striking out paragraph (2); (2) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; (3) in the first sentence of paragraph (3), as so redesignated by paragraph (2) of this section, by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''; (4) by striking out the second sentence of paragraph (3), as so redesignated by paragraph (2) of this section; (5) in paragraph (4), as so redesignated by paragraph (2) of this section, by striking out ``paragraph (2)'' each place it appears; and (6) in paragraph (5), as so redesignated by paragraph (2) of this section, by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''. SEC. 5. LIMITATION ON PERSONAL LOANS BY CANDIDATES FOR FEDERAL OFFICE TO THEIR CAMPAIGNS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) A candidate for Federal office may not, with respect to an election, make personal loans to the authorized committees of the candidate that total more than $5,000.''. SEC. 6. EXTENSION OF BAN ON FRANKED MASS MAILINGS BY MEMBERS OF CONGRESS FROM 60 DAYS TO 90 DAYS BEFORE AN ELECTION. Section 3210(a)(6)(A) and section 3210(a)(6)(C) of title 39, United States Code, are each amended by striking out ``60 days'' each place it appears and inserting in lieu thereof ``90 days''. SEC. 7. EXTENSION OF ANNUAL LIMITATION ON CONTRIBUTIONS TO ALL PERSONS OTHER THAN POLITICAL PARTY COMMITTEES. 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 out ``individual'' and inserting in lieu thereof ``person, other than a political committee of a political party,''. SEC. 8. BAN ON GIFTS TO MEMBERS, OFFICERS, AND EMPLOYEES OF THE HOUSE OF REPRESENTATIVES. (a) In General.--Clause 4 of rule XLIII of the Rules of the House of Representatives is amended to read as follows: ``4. (a)(1) No Member, officer, or employee may accept a gift, whether made directly or indirectly, from anyone. ``(2) For purposes of this rule, the following are not defined gifts subject to the prohibition in subparagraph (1): ``(A) Gifts from a relative, including a fiancee. ``(B) A gift given by an individual which is motivated by a personal friendship rather than the position of the Member, officer, or employee. In determining if a gift is motivated by a personal friendship, the history of the relationship shall be considered and whether the gift giver personally paid for the gift. If the gift exceeds $250, the Committee on Standards of Official Conduct must grant a waiver. ``(C) Gifts of personal hospitality from an individual, not a corporation or organization, for a non-business purpose on facilities owned by that individual or the individual's family. ``(D) Anything for which the recipient pays the market value or does not use and promptly returns to the donor. ``(E) Items of little intrinsic value. ``(F) Bequests, inheritances, and other transfers at death. ``(G) Political contributions as defined by the Federal Election Commission and otherwise reported as required by law. ``(H) Food, lodging, transportation, and entertainment provided on an official basis by Federal, State, and local governments or political subdivisions thereof. ``(I) Informational materials sent to a Member's office, including newspapers, magazines and other periodicals, books, audio tapes, videotapes, and other forms of communication. ``(J) Nonmonetary awards, trophies, mementos, or honorary degrees presented to a Member, officer, or employee. ``(K) Consumable products provided to a Member's office by a home-State business which are primarily intended for consumption by persons other than the Member or staff. ``(L) Awards and prizes given to competitors in contests or events open to the public, including random drawings. ``(M) Opportunities and benefits which are available to the public or to Federal employees. ``(N) Opportunities and benefits offered to members of a group or class in which membership is unrelated to congressional employment. ``(O) Opportunities and benefits based on outside business or employment activities which it is clear that such opportunities and benefits have not been offered or enhanced because of a Member's, officer's, or employee's official status. ``(b)(1) No Member, officer, or employee may accept payment or reimbursement for meals or entertainment. ``(2) For purposes of this rule, the following are not meals or entertainment subject to the prohibition in subparagraph (1): ``(A) Meals and entertainment provided by a relative, including a fiancee. ``(B) Meals or entertainment or both from a friend, given under circumstances which make it clear that the meal or entertainment is provided based on a personal friendship rather than the position of the Member, officer, or employee. Relevant factors in making such a determination include the history of the relationship and whether the friend personally pays for the meal or entertainment. ``(C) Meals, food, and entertainment provided at widely attended gatherings, including conventions, charity events, conferences, symposiums, retreats, dinners, receptions, viewings, or similar events if the meals, food, and entertainment are not solicited by the Member, officer, or employee. ``(c) No Member, officer, or employee may accept payment or reimbursement for travel expenses (including associated transportation, lodging, or entertainment) from anyone (including a foreign government in a foreign country) unless such travel expenses were paid by a relative or personal friend.''. (b) Sanction.--Clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives is amended by inserting before the semicolon the following: ``except that if a Member, officer, or employee violated clause 4 of rule XLIII, such Member, officer, or employee shall be subject to disciplinary action by the committee, including a fine of a value not less than the value of the gift, meals, food, and entertainment, or travel expenses received in violation of such clause and of a value not to exceed three times the value of such gift, meals, food, and entertainment, or travel expenses''.

Clean Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions to candidates for Federal office by persons other than individuals or political party committees. (Sec. 3) Prohibits congressional candidates from accepting contributions from persons other than political party committees or in-State individual residents. (Sec. 4) Eliminates multicandidate political committees as a separate political committee category for contribution limitation purposes. (Sec. 5) Limits personal loans by candidates for Federal office to their campaigns to $5000. (Sec. 6) Extends the ban on franked mass mailings by Members of Congress to 90 days before an election. (Sec. 7) Extends the annual contribution limitation to all persons other than political party committees. (Sec. 8) Establishes a ban on gifts to members, officers, and employees of the House of Representatives. Sets forth exceptions to such prohibition.

Clean Congress Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended-- (1) by striking ``and'' at the end of each clause; (2) by striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon; and (3) by adding at the end the following: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized Indian tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended-- (1) by striking the last sentence of the first section; and (2) by striking section 2 and inserting the following: ``SEC. 2. RECOGNITION. ``(a) In General.--Federal recognition is extended to the Lumbee Tribe of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Petition.--Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25, Code of Federal Regulations (or any successor regulation) for acknowledgment of tribal existence. ``SEC. 3. ELIGIBILITY FOR SERVICES AND BENEFITS. ``(a) In General.-- ``(1) Services and benefits.--The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized Indian tribe. ``(2) Residence on or near reservation.--For the purposes of the delivery of such services, members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Determination of Needs and Budget.-- ``(1) In general.--On verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the Tribe are eligible. ``(2) Inclusion in budget request.--The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of those needs and a budget with the first budget request submitted to Congress after the fiscal year in which the tribal roll is verified. ``(c) Tribal Roll.-- ``(1) In general.--For purposes of the delivery of Federal services, the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. ``(2) Verification.--The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 11, 2000, which verification shall be completed not less than 1 year after the date of enactment of this section. ``SEC. 4. FEE LAND. ``Fee land that the Tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as on-reservation trust acquisitions under part 151 of title 25 Code of Federal Regulations (or any successor regulation) if the land is located within Robeson County, North Carolina. ``SEC. 5. STATE JURISDICTION. ``(a) In General.--The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on; land located within the state of North Carolina that is owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) Transfer.-- ``(1) In general.--The Secretary of the Interior may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) under an agreement between the Lumbee Tribe and the State of North Carolina. ``(2) Effective date.--A transfer of jurisdiction under paragraph (1) shall not take effect until 2 years after the effective date of the agreement. ``(c) Effect of Section.--This section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

Lumbee Recognition Act - Amends federal law relating to the Lumbee Indians of North Carolina to extend federal recognition to the Lumbee Tribe of North Carolina. Authorizes appropriations.

A bill to provide for the acknowledgment of the Lumbee Tribe of North Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Education and Research through Mantis Improvements Act'' or the ``FERMI Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One-third of the Nobel Prizes awarded to citizens of the United States have been won by foreign-born individuals who became naturalized citizens before or after winning the award, including Enrico Fermi, who won the Nobel Prize in Physics in 1938, and Albert Einstein, who won the Nobel Prize in Physics in 1921. (2) Individuals wishing to come to the United States as nonimmigrants to study or work temporarily in the life sciences, physical sciences, or engineering are required to undergo and pass a security check known as a Visas Mantis, which is designed to protect against illegal transfers of sensitive technology. Many of these foreign-born individuals subsequently become permanent residents and citizens of the United States. (3) Nonimmigrant alien students earn a high percentage of doctoral degrees conferred in the sciences. A National Science Foundation report in 2002 noted that nonimmigrant aliens account for 30 percent of doctoral degrees conferred in the life sciences, 37 percent conferred in the physical sciences, and 52 percent conferred in engineering. (4) The United States relies heavily upon nonimmigrant alien post-doctoral fellows for university teaching and research. Fifty-six percent of post-doctoral fellows in the life sciences are nonimmigrant aliens, 67 percent in the physical sciences are nonimmigrant aliens, 69 percent in engineering are nonimmigrant aliens. (5) The Council of Graduate Schools reported in March 2004 that 90 percent of United States graduate schools suffered a serious decline in applications from nonimmigrant aliens for the academic year beginning in September 2004. Applications declined across all fields, but most precipitously in the fields subject to Visas Mantis security checks. SEC. 3. IMPROVEMENTS IN THE VISAS MANTIS SECURITY CHECK PROGRAM. (a) Improved Guidance, Refinement of Technology Alert List, and Data System Interoperability.-- (1) Improved guidance.--The Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of the Office of Science and Technology Policy within the Executive Office of the President, shall provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program, including information regarding-- (A) the specific conditions under which a security check should be provided; (B) the specific information required to be submitted by the consular officer to the Department of State to ensure a timely response to a request for a security check; and (C) a method for estimating the approximate processing time for a security check associated with a particular applicant. (2) Refinement of technology alert list.--The Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, shall provide greater specificity in the Technology Alert List used under the Program. (3) Data system interoperability.--The Secretary of State and the Director of the Federal Bureau of Investigation shall make fully interoperable the data systems used under the Program in order to facilitate the transmission of data between the Department of State and the Federal Bureau of Investigation in conducting the Program. (4) Progress report.--Not later than six months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that describes progress made in implementing this subsection. (b) Period and Revalidation of Security Checks; Multiple Entries Under Security Checks.-- (1) Three-year validity period.--Except as provided in paragraph (5), the validity period of a security check (including a revalidation of a security check) shall be three years. (2) Revalidation permitted in the united states.--Except as provided in paragraph (5), a security check may be revalidated in the United States on or before the date of the expiration of the previous check. (3) Multiple entries permitted.--Except as provided in paragraph (5), a nonimmigrant visa for which a security check is required shall be valid for multiple entries in the same manner in which multiple entries are permitted under such a visa for which a security check is not required. (4) Portability of security check across changes in nonimmigrant classification.--Except as provided in paragraph (5), a security check issued with respect to an individual classified within a nonimmigrant classification shall remain valid with respect to a change of the individual to another nonimmigrant classification so long as the security check approved in connection with the first classification is in substantially the same field as the field involved in the subsequent classification. (5) Exception.--Paragraphs (1), (2), (3), and (4) shall not apply with respect to an applicant for a security check insofar as the Secretary of State determines that the application of such paragraph with respect to such applicant is not in the national security interests of the United States. (6) Effective dates.-- (A) Validity period and revalidation.--Paragraphs (1) and (2), and paragraph (5) insofar as it relates to such paragraphs, shall apply to security checks granted or revalidated on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (B) Multiple entries.--Paragraph (3), and paragraph (5) insofar as it relates to such paragraph, shall apply to visas issued on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (C) Changes in nonimmigrant classification.-- Paragraph (4), and paragraph (5) insofar as it relates to such paragraph, shall apply to changes in nonimmigrant classification occurring on or after such date (not later than 90 days after the date of the enactment of this Act) as the Secretary of State shall specify. (c) Annual Reports on the Operation of the Program.--The Secretary of State shall submit to Congress an annual report on the Program. Each annual report shall include information on-- (1) further progress in implementing subsection (a); (2) the number of individuals in each nonimmigrant visa classification (under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))) for whom a security check has been provided, the number of such individuals who have been approved for a visa after such a check, and the distribution of such individuals by country of nationality; and (3) average processing time to complete security checks for applicants in each such nonimmigrant visa classification for each country of nationality. (d) Visas Mantis Security Check Program and Check Defined.--For purposes of this section: (1) The terms ``Visas Mantis security check program'' and ``Program'' mean the program that implements the requirements of section 212(a)(3)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)(i)(II)) (relating to the exclusion of nonimmigrants who may unlawfully export goods, technology, or sensitive information). (2) The term ``security check'' means a security clearance under the Program.

Furthering Education and Research through Mantis Improvements Act or FERMI Act - Requires the Secretary of State to: (1) provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program (which protects against illegal transfers of sensitive technology); and (2) provide greater specificity in the Technology Alert List used under the program. Requires the Secretary and the Director of the Federal Bureau of Investigation to make fully interoperable the data systems used under the program. Directs the Secretary to report to Congress on progress toward implementing these provisions. Establishes a three-year validity period for Visas Mantis security checks and revalidations. Permits revalidations in the United States. Allows multiple entries on a nonimmigrant visa for which a security check is required. Makes security checks valid across changes in nonimmigrant classifications. Creates an exception for national security concerns as determined by the Secretary. Requires the Secretary to submit annual reports on the Visas Mantis program to Congress.

To preserve the preeminence of the United States in scientific research by improving the Visas Mantis security check program through a reduction of processing times and improvement in efficiency under such program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kosova Peace, Democracy, and Human Rights Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Constitution of the Socialist Federal Republic of Yugoslavia, adopted in 1946, and the amended Constitution of Yugoslavia, adopted in 1974, described the status of Kosova as one of the eight constituent territorial units of the Yugoslav Federation. (2) The political rights of the Albanian majority in Kosova were curtailed when the Government of Yugoslavia illegally amended the Constitution of Yugoslavia without the consent of the people of Kosova on March 23, 1989, revoking the autonomous status of Kosova. (3) In 1990, the Parliament and Government of Kosova were abolished by further unlawful amendments to the Constitution of Yugoslavia. (4) In September 1990, a referendum on the question of independence for Kosova was held in which 87 percent of those eligible to participate voted and 99 percent of those voting supported independence for Kosova. (5) In May 1992, a Kosovar national parliament was elected and Dr. Ibrahim Rugova was overwhelmingly elected President of the Republic of Kosova. (6) The Parliament and Government of Kosova were not permitted to assemble in Kosova. (7) Credible reports of Serbian ``ethnic cleansing'' in Kosova have been received by the United Nations Special Rapporteur on Human Rights, and in January 1995, Serbia announced a new policy to colonize Albanian land in Kosova. (8) Over 100,000 ethnic Albanians in government, police, the judiciary, enterprises, media, educational institutions, and hospitals of Kosova have been removed from their jobs and replaced by Serbians. (9) The government in Belgrade has severely restricted the access of ethnic Albanians in Kosova to all levels of education, especially education in the Albanian language, solely on the basis of their ethnicity. (10) Reports of arrests and brutal beatings by the mostly Serbian police, sometimes leading to the death of ethnic Albanians in Kosova for expressing views in opposition to Serbian authorities, are received almost daily. (11) Observers of the Organization on Security and Cooperation in Europe dispatched to Kosova in 1991 were expelled by the government in Belgrade in July 1993. (12) The Government of Serbia has ignored United Nations Security Council Resolution 855 of August 1993, which calls upon Belgrade to allow the continuation of the mission of the Organization on Security and Cooperation in Europe and to guarantee the safety of and unimpeded access for monitors of the Organization on Security and Cooperation in Europe. (13) Following the departure of such observers, several international human rights organizations, including Amnesty International, Human Rights Watch-Helsinki, and the Helsinki Federation for Human Rights have documented an increase in humanitarian abuses in Kosova. (14) Congress provided for the opening of a United States Information Agency cultural center in Prishtina, Kosova, in section 223 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, but the Department of State has asserted that security conditions have prevented the establishment of such center. (15) The President has explicitly warned the Government of Serbia that the United States is prepared to respond in the event of escalated conflict in Kosova caused by Serbia. (16) On January 4, 1994, President Clinton stated, ``there are a large number of issues, including Kosova, that I believe must be addressed before Belgrade should be freed of United Nations sanctions and able to return to the international community. . . . As before, our decision of whether to support suspension of any sanctions will be made in close consultation with Congress.''. (17) On February 15, 1994, President Clinton announced, without prior consultation with the Congress, a set of conditions, not including improvements in Kosova, which, if met by Serbia and Montenegro, would result in the lifting of international sanctions against Serbia and Montenegro. SEC. 3. POLICY. It is the policy of the United States that-- (1) the situation in Kosova must be resolved before Belgrade is freed of international sanctions and is able to return to the international community; (2) the right of the people of Kosova to govern themselves and to establish a separate identity for Kosova must not be denied; (3) international observers should be returned to Kosova; (4) the elected Government of Kosova should be permitted to meet and exercise its legitimate mandate as elected representatives of the people of Kosova; (5) all individuals whose employment was terminated on the basis of their ethnicity should be reinstated to their previous positions; and (6) the education system in Kosova should be reopened to all residents of Kosova regardless of ethnicity and the majority ethnic Albanian population should be allowed to educate its youth in its native tongue. SEC. 4. RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND MONTENEGRO UNTIL CERTAIN CONDITIONS ARE MET. (a) Restrictions.--Notwithstanding any other provision of law, no sanction, prohibition, or requirement described in section 1511 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160), with respect to Serbia or Montenegro, may cease to be effective, unless-- (1) the President first submits to the Congress a certification described in subsection (b); and (2) the requirements of section 1511 of that Act are met. (b) Certification.--A certification described in this subsection is a certification that-- (1) there is substantial progress toward-- (A) the realization of a separate identity for Kosova and the right of the people of Kosova to govern themselves; or (B) the creation of an international protectorate for Kosova; (2) there is substantial improvement in the human rights situation in Kosova; (3) international human rights observers are allowed to return to Kosova; and (4) the elected government of Kosova is permitted to meet and carry out its legitimate mandate as elected representatives of the people of Kosova. SEC. 5. REPORTING REQUIREMENT. Not later than 60 days after the date of the enactment of this Act, the President shall prepare and transmit to the Congress a report on-- (1) the situation in Kosova, including the manner in which the policies of Serbia have affected the economic, social, and cultural rights of the majority in Kosova; (2) measures to provide humanitarian assistance to the population of Kosova and to Kosovar refugees who have fled Kosova, including the impact of United States sanctions against Serbia and Montenegro upon the delivery of humanitarian assistance to Kosova; (3) recommendations (taking into account the views of other United Nations Security Council members and the European Union) on what modalities may be pursued, including the possibility of establishing an international protectorate for Kosova together with other members of the United Nations Security Council and the European Union, to implement international protection of the rights of the people of Kosova, reestablish an international presence in Kosova to monitor more effectively the situation in Kosova, and secure for the people of Kosova their right to democratic self-government; (4) the current status of United States efforts to establish a United States Information Agency cultural center in Prishtina, Kosova, as provided in section 223 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, specifying the security conditions and any other factors preventing establishment of such center; and (5) the presence of United States officials in Kosova, prior to establishment of a United States Information Agency cultural center in Prishtina, Kosova, including the number, frequency, and duration of visits of personnel of the United States Embassy in Belgrade to Kosova during the 12-month period ending on the date of the enactment of this Act.

Kosova Peace, Democracy, and Human Rights Act of 1995 - Bars specified sanctions, prohibitions, or requirements with respect to Serbia or Montenegro under the National Defense Authorization Act for Fiscal Year 1994 from ceasing to be effective unless: (1) the President first submits to the Congress the certification described by this Act; and (2) such requirements are met. Describes such certification as a certification that: (1) there is substantial progress toward the realization of a separate identity for Kosova, the right of the people of Kosova to govern themselves, and the creation of an international protectorate for Kosova; (2) there is substantial improvement in the human rights situation in Kosova; and (3) international human rights observers are allowed to return to Kosova and the government of Kosova is permitted to meet and carry out its mandate as elected representatives of the people of Kosova. Directs the President to report to the Congress on: (1) the situation in Kosova; (2) measures to provide humanitarian assistance to Kosova and Kosovar refugees; (3) recommendations on what modalities may be pursued; (4) the current status of U.S. efforts to establish a U.S. Information Agency cultural center in Kosova; and (5) the presence of U.S. officials in Kosova prior to establishment of such center.

Kosova Peace, Democracy, and Human Rights Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade Accessibility and Accountability Act of 2017''. SEC. 2. ASSISTANCE TO SMALL FIRMS TO FILE PETITIONS FOR COUNTERVAILING DUTY INVESTIGATIONS AND ANTIDUMPING DUTY INVESTIGATIONS UNDER THE TARIFF ACT OF 1930. (a) In General.--The Secretary of Commerce, acting through the Under Secretary for International Trade, shall provide financial assistance to small firms to assist such firms to prepare and file petitions (other than those petitions which, in the opinion of the Secretary, are frivolous) to seek to obtain the remedies and benefits available under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.; relating to the imposition of countervailing duties and antidumping duties). (b) Application and Affirmative Determination With Respect to Petition.--The Secretary of Commerce may provide assistance under subsection (a) to a small firm if-- (1) the firm submits to the Secretary an application for such assistance at such time and in such form as the Secretary may require; and (2)(A) in the case of assistance relating to a petition filed under section 702(b) of the Tariff Act of 1930 (19 U.S.C. 1671a(b)), the administering authority makes an affirmative determination with respect to the petition under section 702(c)(2) of such section; and (B) in the case of assistance relating to a petition filed under section 732(b) of the Tariff Act of 1930 (19 U.S.C. 1673a(b)), the administering authority makes an affirmative determination with respect to the petition under section 732(c)(2) of such section. (c) Evaluation.--The Secretary of Commerce shall review an application for assistance under subsection (a) submitted by a small firm based on the ability-to-pay of the firm and the economic impact that the firm has in its local community. (d) Amount of Assistance.--The amount of assistance under subsection (a) to a small firm may not exceed-- (1) 75 percent of the costs relating to the filing of a petition under section 702(b) or 732(b) of the Tariff Act of 1930 (as the case may be); and (2) the total costs associated with any preliminary determinations or final determinations to which the petition relates under subtitle A or B of title VII of the Tariff Act of 1930 (as the case may be). (e) Definitions.--In this section: (1) Administering authority.--The term ``administering authority'' has the meaning given such term in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)). (2) Small firm.--The term ``small firm'' means a firm that-- (A) has average annual receipts of $40,000,000 or less; or (B) employs 1,500 or fewer individuals. SEC. 3. MODIFICATION OF DETERMINATION OF INDUSTRY SUPPORT FOR PETITION DETERMINATIONS UNDER COUNTERVAILING DUTY INVESTIGATIONS AND ANTIDUMPING DUTY INVESTIGATIONS UNDER THE TARIFF ACT OF 1930. (a) Countervailing Duty Investigations.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by striking ``, if'' and all that follows through ``(i) the'' and inserting ``, if the''; (B) by striking ``25 percent'' and inserting ``10 percent''; (C) by striking ``, and'' and inserting a period; and (D) by striking clause (ii); (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as subparagraph (D). (b) Antidumping Duty Investigations.--Section 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by striking ``, if'' and all that follows through ``(i) the'' and inserting ``, if the''; (B) by striking ``, and'' and inserting a period; and (C) by striking clause (ii); (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as subparagraph (D). (c) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countervailing duty investigations under subtitle A of title VII of the Tariff Act of 1930 and antidumping duty investigations under subtitle B of title VII of the Tariff Act of 1930 that are initiated on or after the date that is 90 days after such date of enactment. SEC. 4. AUTHORITY OF ITC TO ISSUE TRADE ENFORCEMENT ADVISORY OPINIONS. Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended by adding at the end the following: ``(h) Trade Enforcement Advisory Opinions.-- ``(1) In general.--A United States business enterprise may file a detailed petition with the appropriate congressional committees for purposes of requesting the Commission to determine whether or not a foreign country has violated its obligations under any trade agreement to which the United States is a party with respect to trade in goods or services of an industry in which the United States business enterprise is located. ``(2) Review by committees.--The appropriate congressional committees shall-- ``(A) review a petition filed under paragraph (1); and ``(B) upon agreement among the chairs and ranking members of such committees, refer the petition to the Commission. ``(3) Review by commission.--The Commission shall review each petition that is referred to the Commission by the appropriate congressional committees under paragraph (2)(B) to determine whether or not there is a reasonable basis to conclude that a violation described the petition occurred. The Commission shall provide opportunity for comment by the foreign government involved and other stakeholders that are invited to comment by the Commission. ``(4) Advisory opinion.--Not later than 120 days after the date on which a petition is referred to the Commission under paragraph (2)(B), the Commission shall issue an advisory opinion that contains a determination of the Commission as to whether or not there is a reasonable basis to conclude that a violation described in the petition occurred. The Commission shall make available to the public all materials submitted to the Commission relating to the petition. ``(5) Definitions.--In this subsection: ``(A) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. ``(B) Commission.--The term `Commission' means the United States International Trade Commission. ``(C) United states business enterprise.--The term `United States business enterprise' means an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.''. SEC. 5. SENSE OF CONGRESS ON STATUS OF THE PEOPLE'S REPUBLIC OF CHINA AS A NONMARKET ECONOMY COUNTRY. It is the sense of Congress that-- (1) the status of the People's Republic of China as a nonmarket economy country should remain in effect until the Government of the People's Republic of China demonstrates that it meets all of the criteria for treatment as a market economy as set forth in section 771(18)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(18)(B)); and (2) the President should provide for the full and effective application of United States antidumping and countervailing duty laws against the People's Republic of China and all other nonmarket economy countries until such time as such country meets all of the criteria for treatment as a market economy country as set forth in section 771(18)(B) of the Tariff Act of 1930. SEC. 6. MADE IN AMERICA GSA SCHEDULE. (a) Made in America Description Requirement.-- (1) In general.--Any good listed on a Federal supply schedule of the General Services Administration that is described as made, produced, or manufactured in America or some other similar description that indicates the good was made, produced, or manufactured in the United States is required to have all or virtually all of the good and the component parts of the good made, produced, or manufactured, as applicable, and assembled, if applicable, in the United States. (2) Enforcement.--The Administrator of General Services shall enforce the requirement described under paragraph (1) using the Made in USA Standard by the Federal Trade Commission to define ``all or virtually all''. (b) Penalty for Noncompliance.-- (1) First-time offender.--The supplier of any good found not in compliance with the requirement described under subsection (a) is subject to a civil penalty of $100,000 for each such good not in compliance. (2) Subsequent offense.--The supplier of any good found not in compliance with the requirement described under subsection (a) who has previously been found not in compliance and fined under paragraph (1)-- (A) is subject to a civil penalty of $300,000 for each such good not in compliance; and (B) shall be permanently debarred from listing any good on a Federal supply schedule. (c) Tip Line.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Administrator of General Services shall establish a tip line that allows an individual to report any violation of subsection (a). (2) Reward.--Any tip submitted by an individual that, in the determination of the Administrator, led to the discovery of a violation of subsection (a), shall entitle such individual to 75 percent of any fine imposed under subsection (b). The Administrator shall establish a process to determine distribution under this paragraph. (d) Notification Required.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall notify each supplier of a good listed on a Federal supply schedule of the requirements of this Act. (e) Effective Date; Applicability.--Except as provided in subsections (c)(1) and (d), this section shall take effect 90 days after the date of the enactment of this Act and shall apply with respect to any contract entered into after the date of the enactment of this Act that is related to posting a good on a Federal supply schedule.

Fair Trade Accessibility and Accountability Act of 2017 This bill directs the Department of Commerce to provide financial assistance to small firms to assist them in preparing and filing petitions to obtain the remedies and benefits available under the Tariff Act of 1930 relating to the imposition of countervailing and antidumping duties investigations. Commerce shall review an application for assistance submitted by a small firm based on the firm's ability-to-pay and its economic impact in its local community. The amount of such assistance is capped. The bill amends the Tariff Act of 1930 to modify criteria for determining industry support for petitions in countervailing and antidumping duties investigations. A U.S. business enterprise may file a petition with the Senate Committee on Finance or the House Committee on Ways and Means to determine whether or not a foreign country has violated its obligations under any trade agreement to which the United States is a party. Any good listed on a General Services Administration federal supply schedule described as made in America must have all or virtually all of the good and component parts made in the United States. Suppliers of any good not in compliance with Made in America requirements are subject to civil penalties.

Fair Trade Accessibility and Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Recovery Personal Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The Second Amendment to the Constitution states that a ``well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed'', and Congress has repeatedly recognized this language as protecting an individual right. (2) In the wake of Hurricane Katrina, State and local law enforcement and public safety service organizations were overwhelmed and could not fulfill the safety needs of the citizens of the State of Louisiana. (3) In the wake of Hurricane Katrina, the safety of these citizens, and of their homes and property, was threatened by instances of criminal activity. (4) Many of these citizens lawfully kept firearms for the safety of themselves, their loved ones, their businesses, and their property, as guaranteed by the Second Amendment, and used their firearms, individually or in concert with their neighbors, for protection against crime. (5) In the wake of Hurricane Katrina, certain agencies confiscated the firearms of these citizens in contravention of the Second Amendment, depriving these citizens of the right to keep and bear arms and rendering them helpless against criminal activity. (6) These confiscations were carried out at gunpoint by nonconsensual entries into private homes, by traffic checkpoints, by stoppage of boats, and otherwise by force. (7) The citizens from whom firearms were confiscated were either in their own homes or attempting to flee the flooding and devastation by means of motor vehicle or boat, and were accosted, stopped, and arbitrarily deprived of their private property and means of protection. (8) The means by which the confiscations were carried out, which included intrusion into the home, temporary detention of persons, and seizures of property, constituted unreasonable searches and seizures and deprived these citizens of liberty and property without due process of law in violation of fundamental rights under the Constitution. (9) Many citizens who took temporary refuge in emergency housing were prohibited from storing firearms on the premises, and were thus treated as second-class citizens who had forfeited their constitutional right to keep and bear arms. (10) At least one highly-qualified search and rescue team was prevented from joining in relief efforts because the team included individuals with firearms, although these individuals had been deputized as Federal law enforcement officers. (11) These confiscations and prohibitions, and the means by which they were carried out, deprived the citizens of Louisiana not only of their right to keep and bear arms, but also of their rights to personal security, personal liberty, and private property, all in violation of the Constitution and laws of the United States. SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL EMERGENCIES. Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the end the following: ``SEC. 706. FIREARMS POLICIES. ``(a) Prohibition on Confiscation of Firearms.--No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may-- ``(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; ``(2) require registration of any firearm for which registration is not required by Federal, State, or local law; ``(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or ``(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. ``(b) Limitation.--Nothing in this section shall be construed to prohibit any person from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency. ``(c) Private Rights of Action.-- ``(1) In general.--Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section. ``(2) Remedies.--In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found. ``(3) Attorney fees.--In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.''. Passed the House of Representatives July 25, 2006. Attest: KAREN L. HAAS, Clerk.

Disaster Recovery Personal Protection Act of 2006 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit any U.S. officer or employee or any person operating under federal authority, while acting in support of relief from a major disaster or emergency, from: (1) seizing or prohibiting possession of any firearm the possession of which is not otherwise prohibited (other than for forfeiture in compliance with federal law or as evidence in a criminal investigation); (2) requiring registration of any firearm not otherwise required; or (3) prohibiting the carrying of a firearm by any person otherwise authorized to carry a firearm. Provides that nothing under this Act shall be construed to prohibit requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency. Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress for deprivation of rights and by bringing a civil action in U.S. district court for return of a confiscated firearm.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the confiscation of firearms during certain national emergencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Foreign Aid Act of 2014''. SEC. 2. REIMBURSEMENT FOR STATES AND POLITICAL SUBDIVISIONS. (a) In General.--The Secretary of the Treasury shall establish a program for the purpose of reimbursing States, and political subdivisions of States, for expenses required to be incurred and related to the presence within the geographical area of the State or political subdivision of aliens having no lawful immigration status in the United States. (b) Expenses Described.--The expenses described in subsection (a) shall include expenses such as the following: (1) Public elementary and secondary education. (2) Incarceration and detention. (3) Public benefits described in section 411(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(b)). (c) Exceptions.--Expenses are not reimbursable under this section if the Secretary of the Treasury determines that-- (1) the State or political subdivision has failed to submit sufficient documents, statements, or records necessary to support the request for reimbursement; (2) the State or political subdivision otherwise has been substantially compensated for the expenses; or (3) such compensation will be forthcoming in a reasonable period of time. (d) Public Elementary and Secondary Education.-- (1) In general.--Compensation for a local educational agency under subsection (b)(1) shall be based on-- (A) the number of children having no lawful immigration status in the United States who were in average daily attendance during the preceding school year at the schools of such agency and for whom such agency provided a free public education; multiplied by (B) the average per-pupil expenditure of the State in which the local educational agency is located. (2) Definitions.--For purposes of this subsection, the terms ``average daily attendance'', ``average per-pupil expenditure'', ``free public education'', and ``local educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (e) Incarceration and Detention.--Compensation under subsection (b)(2) shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the Attorney General. (f) Applications.-- (1) State applications.--A State desiring to receive reimbursement for expenses required to be incurred by the State and related to the presence within the geographical area of the State of aliens having no lawful immigration status in the United States shall submit an application for such payment to the Secretary of the Treasury. Such application shall be submitted not later than September 30 of each year. (2) Local applications.--A political subdivision of a State desiring to receive reimbursement for expenses required to be incurred by the political subdivision and related to the presence within the geographical area of the political subdivision of aliens having no lawful immigration status in the United States shall submit an application for such payment to the State. Subject to verification (as determined necessary by the State), the State shall include such local expenses in the State application submitted under paragraph (1). The Governor of the State shall establish deadlines for the submission of local applications under this paragraph, and shall distribute all funds received from the Secretary of the Treasury on behalf of a political subdivision of a State to the political subdivision. (g) Insufficient Appropriations.-- (1) In general.--If the amount made available to carry out this section for a fiscal year is insufficient to pay the full amount determined by the Secretary of the Treasury to be due to all States for the year, the Secretary shall ratably reduce the payment to each State. (2) Resubmission.--If a State or political subdivision of a State does not receive reimbursement for any expense due to a reduction made under paragraph (1), the State or political subdivision may resubmit documentation for the succeeding fiscal year demonstrating the validity of the claimed amount and that the amount has not yet been reimbursed from any other source. (h) Confidentiality of Information.-- (1) In general.--In carrying out this section, the Secretary of the Treasury shall not-- (A) make any publication whereby the information furnished by any particular alien can be identified; or (B) permit anyone other than the sworn officers and employees of the Department of the Treasury to examine individually identifiable information. (2) Immigration officials.--Except as provided in this subsection, the Secretary of Homeland Security, the Attorney General, the Secretary of State, any other official or employee of the Department of Homeland Security, the Department of Justice, or the Department of State, or any bureau or agency thereof, shall not use information collected or furnished in support of requests for reimbursement under this section for any purpose. (3) Required disclosures.--The Secretary of the Treasury shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution of fraud or other malfeasance under this section, when such information is requested in writing by such entity. (i) Verification of Immigration Status of Aliens.--Notwithstanding any other provision of law, when used for purposes of establishing or demonstrating eligibility for reimbursement under this section, the head of each State or local public agency that incurs costs in connection with a benefit or service provided to an alien may use the immigration status verification system of such agency or the Systematic Alien Verification For Entitlements Program (SAVE) of the Department of Homeland Security to determine the immigration status of such alien. SEC. 3. TRANSFER OF FUNDS. 15 percent of any discretionary amounts made available for each of fiscal years 2016 through 2021 for the Department of State, Foreign Operations, and Related Programs (other than amounts made available for ``Bilateral Economic Assistance--Funds Appropriated to the President-- Global Health Programs'' and ``Department of State--Nonproliferation, Anti-Terrorism, Demining and Related Programs'') for foreign assistance shall be made available to the Secretary of the Treasury to carry out section 2 of this Act for a 90-day period beginning on the date of the enactment of each Act appropriating such amounts.

Accountability in Foreign Aid Act of 2014 - Directs the Secretary of the Treasury to establish a program to reimburse states and their political subdivisions for qualifying education, incarceration, and public benefit expenses related to the presence of aliens having no lawful U.S. immigration status within their geographical area. Makes specified foreign assistance amounts available for such reimbursements.

Accountability in Foreign Aid Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Universally Reduce and Eradicate Disease Act of 2001''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) During the 20th century the United States led the world in defeating totalitarianism and communism. (2) The United States also led the world in spreading and establishing democracy in every region. (3) The United States remains the only global ``superpower'', a historic position of leadership which allows the Nation to establish new goals to benefit humanity in the 21st century. (4) The United States, the world leader in the research, development, and production of technologies, medicines, and methodologies utilized to prevent and cure disease, has established a Center for Vaccine Development at the National Institutes of Health that could assist in the global control of infectious diseases. Infectious disease is the number one global health challenge, annually killing 11 million people globally and 180,000 people in the United States, and is the third leading cause of death in the United States. The United States has the resources, through the National Institutes of Health and the National Science Foundation, to expand health research information globally through the use of Internet conferencing and dissemination of data. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``National Commission for the New National Goal: The Advancement of Global Health'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall recommend to the Congress a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. The Commission shall address how the United States may assist in the global control of infectious diseases through the development of vaccines and the sharing of health research information on the Internet. SEC. 5. MEMBERSHIP. (a) Membership of the Commission.--The Commission shall consist of individuals who are of recognized standing and distinction and who possess the demonstrated capacity to discharge the duties imposed on the Commission, and shall include representatives of the public, private, and academic areas whose capacity is based on a special knowledge, such as computer sciences or the use of the Internet for medical conferencing, or expertise in medical research or related areas. (b) Number and Appointment.--The Commission shall be composed of 15 members as follows: (1) The Secretary of Health and Human Services (or the Secretary's delegate). (2) The Chairman of the Federal Trade Commission. (3) The Director of the National Institutes of Health. (4) The Director of the National Science Foundation. (5) The Director of the Centers for Disease Control and Prevention. (6) The Commissioner of the Food and Drug Administration. (7) 2 members of the Senate, one from the majority party and one from the minority party, appointed jointly by the President of the Senate and the President pro tempore. (8) 2 Members of the House of Representatives, one from the majority party and one from the minority party, appointed by the Speaker of the House of Representatives. (9) 2 individuals appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (10) 3 individuals appointed by the President from among individuals who will represent the views of recipients of health services. Not more than 1 member appointed under this paragraph may be an officer or employee of the Federal Government. (c) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Basic Pay.--Members shall serve without pay. (f) Quorum.--Nine members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be designated by the President at the time of the appointment. (h) Meetings.--The Commission shall meet monthly or at the call of a majority of its members. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson or Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for administrative and other services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Interim Reports.--The Commission may submit to the President and the Congress interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President and the Congress not later than 12 months after the date of enactment of this Act. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative, administrative, or other actions, as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 7. SEC. 9. EFFECTIVE DATE. This Act shall take effect 60 days after the date of its enactment. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not to exceed $1,000,000 for fiscal year 2002 for the National Institutes of Health to carry out coordination activities under this Act with the Commission, the National Science Foundation, and other appropriate groups to make available on the Internet information concerning benefits of the infectious disease vaccine development program and health research information. SEC. 11. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

Commission to Universally Reduce and Eradicate Disease Act of 2001 - Establishes the National Commission for the New National Goal: The Advancement of Global Health to: (1) recommend a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease; and (2) address how the United States may assist in the global control of infectious diseases through the development of vaccines and the sharing of health research information on the Internet.Authorizes appropriations to the National Institutes of Health to carry out coordination activities with the Commission, the National Science Foundation, and other appropriate groups to make available on the Internet information concerning the benefits of the infectious disease vaccine development program and health research information.

To establish a commission to recommend a strategy for the global eradication of disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Space Flight Independent Investigation Commission Act of 2003''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``incident'' means either an accident or a deliberate act; (2) the term ``NASA'' means the National Aeronautics and Space Administration; (3) the term ``NASA Administrator'' means the Administrator of NASA; and (4) the term ``NTSB'' means the National Transportation Safety Board. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to investigate any incident that results in the loss of-- (1) a Space Shuttle; (2) the International Space Station or its operational viability; (3) any other United States space vehicle carrying humans; (4) any space vehicle carrying United States citizens; or (5) a crew member or passenger of any space vehicle described in this subsection. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 7 days after an incident specified in subsection (a). SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--A Commission established pursuant to this Act shall consist of 15 members. (b) Selection.--The members of a Commission established pursuant to this Act shall be chosen in the following manner: (1) The Chairman of the NTSB shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Four of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 4 lists for membership on the Commission. (4) With the exception of the Chairman of the NTSB, no officer or employee of the Federal Government shall serve as a member of the Commission. (5) No member of the Commission shall have, or have pending, a contractual relationship with NASA. The President shall not appoint any individual as a member of a Commission under this section who has a current or former relationship with the NASA Administrator that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to the human carrying spacecraft being investigated, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 30 days after the incident. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight 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. SEC. 5. TASKS OF THE COMMISSION. A Commission established pursuant to this Act shall, to the extent possible, undertake the following tasks: (1) Investigate the incident. (2) Determine the cause of the incident. (3) Identify all contributing factors to the cause of the incident. (4) Make recommendations for corrective actions. (5) Provide any additional findings or recommendations deemed by the Commission to be important, whether or not they are related to the specific incident under investigation. (6) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--A Commission established pursuant to this Act or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--A Commission established pursuant to this Act may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--A Commission established pursuant to this Act is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to a Commission established pursuant to this Act on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Postal Services.--A Commission established pursuant to this Act may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--A Commission established pursuant to this Act shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of a Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by a Commission established pursuant to this Act, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III 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. Employees of NASA shall not be appointed to the staff of a Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of a Commission established pursuant to this Act who are employees 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) Members of commission.--Subparagraph (A) shall not be construed to apply to members of a Commission established pursuant to this Act. (b) Detailees.--Any Federal Government employee, except for an employee of NASA, may be detailed to a Commission established pursuant to this Act 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.--A Commission established pursuant to this Act is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Any consultant or expert whose services are procured under this subsection shall disclose any contract or association it has with NASA or any NASA contractor. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of a Commission established pursuant to this Act may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with a Commission established pursuant to this Act in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--A Commission established pursuant to this Act may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--A Commission established pursuant to this Act shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--A Commission established pursuant to this Act, and all the authorities of this Act with respect to that Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--A Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 12. ROLE OF NTSB. The NTSB shall assume responsibility for the investigation of any incident described in section 3(a) immediately upon the occurrence of that incident. The NTSB shall transfer responsibility for the investigation to a Commission established pursuant to this Act as soon as the Commission holds its initial meeting under section 4(d). SEC. 13. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission for which they are appropriated.

Human Space Flight Independent Investigation Commission Act of 2003 - Directs the President to establish an independent, nonpartisan commission within the executive branch to investigate and report to the President, Congress, and the public on any accident or deliberate act that results in the loss of: (1) a space shuttle; (2) the International Space Station or its operational viability; (3) any other U.S. space vehicle carrying humans; (4) any space vehicle carrying U.S. citizens; or (5) a crew member or passenger of any such space vehicle. Requires the President to issue an executive order establishing such a commission within seven days after such an incident. Requires the National Transportation Safety Board to: (1) assume responsibility for investigation of such an incident immediately after its occurrence; and (2) transfer investigative responsibility to such a commission as soon as the commission holds its first meeting.

To provide for the establishment of an independent, Presidentially-appointed investigative Commission in the event of incidents in the Nation's human space flight program that result in loss of crew, passengers, or the spacecraft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New United States Global HIV Prevention Strategy to Address the Needs of Women and Girls Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Globally, the United Nations Joint Programme on HIV/ AIDS (UNAIDS) estimates that there are more than 40,000,000 people infected with HIV/AIDS, the vast majority of whom live in the developing world. For a number of reasons, women and girls are biologically, socially, and economically more vulnerable to HIV infection, and today they represent more than half of all individuals who are infected with HIV worldwide. (2) In sub-Saharan Africa, women and girls make up 60 percent of those individuals infected with HIV. Data from several countries in Africa indicate that women ages 15 to 24 are from two and a half to thirteen times more likely to be infected with HIV as their male counterparts. (3) Gender disparities in the rates of HIV infection are the result of a number of factors, including-- (A) inadequate knowledge about how HIV is transmitted; (B) lack of access to basic HIV prevention and reproductive health services; (C) an inability to negotiate safer sex with regular partners; (D) social norms that prevent frank and open discussions about sex; (E) a lack of access to female-controlled HIV prevention methods, such as the female condom and, when available, microbicides; and (F) social and economic inequalities based largely on gender. (4) Current HIV prevention programs designed to support the ABC model: ``Abstain, Be faithful, use Condoms'', are not always effective at addressing the central fact that women and girls are often powerless to abstain from sex, ensure their partner's faithfulness, or to insist on condom use even within marriage, and especially in the case of early- or child- marriages. Women may also be coerced into unprotected sex and they often run the risk of being infected by husbands or male partners in societies where it is common or accepted for men to have more than one partner. (5) Recognizing that current international HIV prevention and protection efforts are failing women and girls, UNAIDS officially launched the Global Coalition on Women and AIDS on February 2, 2004, to focus on preventing new HIV infections among women and girls, promoting equal access to HIV care and treatment, increasing access to female-controlled prevention methods such as female condoms, accelerating microbicides research, protecting women's property and inheritance rights, supporting ongoing efforts toward reaching universal primary education for girls, and reducing violence against women. (6) Violence against women, perpetuated by their intimate partners, is a major human rights and public health problem throughout the world and it is also a major contributing factor to the spread of HIV. According to the World Health Organization (WHO), one-fifth to one-third of women ages 15 to 49 have experienced some form of physical abuse or sexual coercion in their lifetimes, the vast majority within marriage. (7) Unfortunately, current HIV prevention programs do not place enough importance on responding to violence against women, changing the social norms that shape the attitudes and behaviors of men and boys toward women and girls, or using strategies to promote effective communication among couples on matters of sex and reproduction. (8) The fear of domestic violence and the continuing stigma and discrimination associated with HIV/AIDS prevents many women from accessing information about HIV/AIDS, getting tested, disclosing their HIV status, accessing services to prevent mother-to-child transmission, or receiving treatment and counseling even when they already know they have been infected with HIV. (9) Economic and social disparities between men and women amplify the effects of stigma and discrimination, the fear of domestic violence, and other risks of HIV infection faced by women and girls. Unequal access to education, income, land, and other productive resources leaves many women and girls dependent on men for income, housing, sustenance and social security. (10) For women and girls, gender discrimination in the ownership and retention of property also contributes to an increased risk of sexual abuse, exploitation, and HIV infection. As women's property rights are violated on a massive scale by in-laws, relatives, communities, and government officials, the impact on women and their dependents is catastrophic. Many women end up homeless or living in slums, begging for food and water, unable to afford health care or school fees for their children, and many women resort to working as commercial sex workers in order to make ends meet. (11) For many women, the combination of stigma, violence, and a lack of independent economic means sustains their fear of abandonment, eviction, or ostracism from their homes and communities, and can leave many more of them trapped within relationships where they are vulnerable to HIV infection. (12) Women also face additional obstacles due to the pervasiveness of discriminatory legal frameworks that fail to guarantee equal rights or equal protection before the law. In many cases, inequitable divorce and property laws make it difficult for women to leave abusive relationships, and in countries where laws against gender violence exist, insufficient resources, coupled with discriminatory practices by police and courts and a lack of institutional support, leave women without access to adequate protection. (13) Recently, numerous studies have emerged indicating that early or child marriage cannot be considered a protective factor against HIV infection. These studies show that young women between the ages of 15-19 who are married are at significantly higher risk of contracting HIV/AIDS than single women of the same age, in some cases by as much as 10 percent. (14) There are several reasons that sexually active unmarried girls are less vulnerable to HIV infection than married adolescent girls, including the fact that they tend to have sex less frequently, are more likely to have sex with those closer to their own age, and because they are more likely to use condoms during sex. The result is that in many countries today, most sexually transmitted HIV infections in females occur either inside marriage or in relationships women believe to be monogamous. (15) Efforts to expand access to education for women and girls and to increase the age at which they marry are also critical to increasing the social and economic power of women, reducing the spread of HIV, and to the attainment of overall health and development goals. For women and girls, education is linked to delayed intercourse, increased age-at-marriage, delayed childbearing, increased child survival, improved nutrition, and reduced risk of HIV infection, among other positive outcomes. (16) Although attendance at school is considered a protective factor in preventing transmission of HIV, recent studies indicate that young women between the ages of 15-19 who are married and do not have children are less likely to be in school than single women of the same age who do not have children. In some instances the difference is striking, as in the case of Nigeria, where 3 percent of young married women are in school, as compared to 70 percent of young single women. (17) As a result of these studies, HIV prevention programs that strictly focus on promoting abstinence-until-marriage and do not provide comprehensive health and sexuality education fail to adequately address the true vulnerabilities faced by women, especially younger women, or to equip them properly with the full range of tools they need to protect themselves. (18) A substantial body of evidence also exists to support the coordination of HIV prevention initiatives, including programs to prevent the transmission of HIV from mother-to- child, with existing health care services, especially family planning and reproductive health programs, as the health and well-being of women and girls is improved when they have access to comprehensive care that is designed to address their needs. (19) Over the last forty years, the United States has made substantial investments in building basic health care services for mothers and children, including family planning and reproductive health care programs. In many cases these programs serve as a trusted source of health information and resources to women, both for their own health and well-being, and that of their children. Frequently, these types of coordinated programs can also serve as a source of information and resources free from the stigma frequently associated with stand-alone HIV prevention programs. (20) The United States already works to coordinate HIV prevention services with existing family planning and reproductive health care programs, as they represent a readily available platform upon which to build new initiatives. Such efforts should continue as part of any global expansion of HIV prevention services in order to produce an efficient and effective global health policy. (21) Efforts to increase women's access to comprehensive prevention information and services, address gender violence, increase women's economic and social status, and foster equitable partnerships between women and men are all central to reducing the spread of HIV/AIDS worldwide and to enhancing the success of effective treatment and care programs supported by the United States. (22) The comprehensive, integrated, five-year strategy to combat global HIV/AIDS submitted to Congress on February 23, 2004, as required by section 101 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611), does not adequately focus or provide sufficient details on United States Government strategies to prevent HIV infection among women and girls. SEC. 3. STRATEGY TO PREVENT HIV INFECTIONS ON A COUNTRY-BY-COUNTRY BASIS. (a) Statement of Policy.--In order to meet the stated goal of preventing 7,000,000 new HIV infections, as announced by the President in his address to Congress on January 28, 2003, it shall be the policy of the United States to pursue an HIV prevention strategy for each country for which the United States provides assistance to combat HIV/ AIDS that emphasizes the immediate and ongoing needs of women and girls in those countries. (b) Strategy.--Not later than 90 days after the date of the enactment of this Act, the President shall establish a comprehensive, integrated, and culturally appropriate HIV prevention strategy for each country for which the United States provides assistance to combat HIV/ AIDS. Each such strategy shall encompass comprehensive health and HIV prevention education beyond the ABC model: ``Abstain, Be faithful, use Condoms'', as a means to reduce HIV infections, particularly among women and girls, and which strengthens the capacity of the United States to be an effective leader of the international campaign against HIV/AIDS. Each such strategy shall also include the following: (1) Increasing access to female-controlled prevention methods, most immediately, access to female condoms, and including training to ensure effective and consistent use of such condoms. (2) Accelerating destigmatization of HIV/AIDS, as women are generally at a disadvantage in combating stigma. (3) Empowering women and girls to avoid cross-generational sex and reduce the incidence of early- or child-marriage. (4) Reducing violence against women. (5) Supporting the development of microenterprise programs and other such efforts to assist women in developing and retaining independent economic means. (6) Promoting positive male behavior toward women and girls. (7) Supporting expanded educational opportunities for women and girls. (8) Protecting the property and inheritance rights of women. (9) Coordinating HIV prevention services with existing health care services, including programs intended to reduce the transmission of HIV between mother-to-child, and family planning and reproductive health services. (10) Promoting gender equality by supporting the development of civil society organizations focused on the needs of women, and by encouraging the creation and effective enforcement of legal frameworks that guarantee women equal rights and equal protection under the law. (c) Coordination.-- (1) In general.--In formulating each HIV prevention strategy pursuant to subsection (b), the President shall ensure that the United States coordinates its overall HIV/AIDS policy and programs with the national government of the country involved and with other donor countries and organizations through the Three Ones Principles. Such coordination shall include proper consultation and dialogue with both indigenous and international nongovernmental organizations (including faith- and community-based organizations) that work to combat HIV/AIDS or that specifically work to address the needs of women and girls through comprehensive health care, education, or income-generating programs. (2) Definition.--In paragraph (1), the term ``Three Ones Principles'' means the following three guiding principles which provide a framework for coordinated action on HIV/AIDS at the country level, as developed by the United Nations Joint Programme on HIV/AIDS (UNAIDS) and agreed to by the United States and other donor countries and organizations on April 25, 2004: (A) One national HIV/AIDS action framework that provides the basis for coordinating the work of the national government and all organizations in a country. (B) One national HIV/AIDS coordinating authority for the country, with a broad multi-sector mandate. (C) One national HIV/AIDS monitoring and evaluation system for the country. (d) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees and make available to the public a report that-- (1) contains a description of each HIV prevention strategy established pursuant to subsection (b) and a description of any ongoing United States-supported activities that relate to the elements of each such strategy as described in paragraphs (1) through (10) of subsection (b); and (2) includes a list of the nongovernmental organizations (including faith- and community-based organizations) in each country that carry out such activities, the amount and the source of funding received, and the overall goals and implementation strategy of such activities SEC. 4. BALANCING FUNDING FOR HIV PREVENTION METHODS. (a) Finding.--Congress finds that while in some cases abstinence programs may help to delay sexual debut among young people, when such programs are not combined with comprehensive sexuality and life skills education, these programs can leave young people who eventually do become sexually active without the appropriate knowledge to protect themselves from sexually-transmitted diseases such as HIV. (b) Statement of Policy.--In carrying out the activities required by the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.; Public Law 108-25), and the amendments made by that Act, it shall be the policy of the United States-- (1) to provide flexibility to support a variety of culturally appropriate HIV prevention programs that are carried out in accordance with the HIV prevention strategy for each country for which the United States provides assistance to combat HIV/AIDS, as established pursuant to section 3 of this Act; and (2) to ensure that unnecessary requirements are not imposed with respect to how funds made available for such programs can be obligated and expended. (c) Amendments to Funding Provisions of Public Law 108-25.-- (1) Sense of congress.--Section 402(b)(3) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7672(b)(3)) is amended by striking ``, of which such amount at least 33 percent should be expended for abstinence-until-marriage programs''. (2) Allocation of funds.--Section 403(a) of such Act (22 U.S.C. 7673(a)) is amended by striking the second sentence. SEC. 5. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) 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. (3) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS.

New United States Global HIV Prevention Strategy to Address the Needs of Women and Girls Act of 2004 - States that it shall be U.S. policy to: (1) pursue an HIV prevention strategy for each country for which the United States provides assistance to combat HIV/AIDS that emphasizes the needs of women and girls; and (2) support a variety of culturally appropriate HIV prevention programs for each country for which the United States provides HIV/AIDS assistance, and to ensure that unnecessary requirements on fund use are not imposed. Directs the President to establish a comprehensive and culturally appropriate HIV prevention strategy for each country for which the United States provides assistance to combat HIV/AIDS. Requires each strategy to encompass health and HIV prevention education beyond the ABC model "Abstain, Be faithful, use Condoms" as a means to reduce HIV infections, particularly among women and girls. Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to eliminate the "abstinence-until-marriage" reference with respect to the sense of Congress' HIV/AIDS funding allocation.

To require the President to establish a comprehensive, integrated, and culturally appropriate HIV prevention strategy that emphasizes the needs of women and girls for each country for which the United States provides assistance to combat HIV/AIDS, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class Savings and Capital Gains Act of 1995''. SEC. 2. LIFETIME NET CAPITAL GAIN DEDUCTION FOR INDIVIDUALS. (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 new section: ``SEC. 1203. LIFETIME NET CAPITAL GAIN DEDUCTION FOR INDIVIDUALS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to 100 percent of the net capital gain for the taxable year. ``(b) $100,000 Lifetime Limit.-- ``(1) First taxable year.--The amount of the net capital gain taken into account under subsection (a) for the first taxable year ending after December 31, 1994, shall not exceed $100,000. ``(2) Subsequent taxable years.-- ``(A) In general.--The amount of the net capital gain taken into account under subsection (a) for any subsequent taxable year shall not exceed-- ``(i) the excess of the limitation under this subsection for the preceding taxable year reduced by the amount of the net capital gain taken into account under this subsection by the taxpayer for such preceding year, multiplied by ``(ii) the inflation adjustment factor for the calendar year in which such subsequent taxable year begins. ``(B) Inflation adjustment factor.--The inflation adjustment factor for any calendar year is 100 percent plus the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for the second preceding calendar year. For purposes of the preceding sentence, the CPI for any calendar year shall be determined under section 1(f)(4). ``(3) Special rule for joint returns.--The amount of the net capital gain taken into account under this section on a joint return for any taxable year shall be allocated equally between the spouses for purposes of determining the limitation under paragraph (2) for any succeeding taxable year. ``(c) Exclusion Not To Apply to Gain on Sale of Principal Residence by Individuals Under Age 55.-- ``(1) In general.--There shall not be taken into account under this section any gain on the sale or exchange of any property if-- ``(A) any portion of such property was used at any time as the principal residence (within the meaning of section 1034) of the taxpayer, and ``(B) the taxpayer has not attained age 55 before the date of such sale or exchange. ``(2) Special rules.-- ``(A) Exception for rental property.--Paragraph (1) shall not apply to a sale or exchange if, during the 3- year period ending on the date of the sale or exchange, such portion is rented, or held for rental, at a fair market rental for periods aggregating 2 years or more. ``(B) Property held jointly by husband and wife.--A rule similar to the rule of section 121(d)(1) shall apply for purposes of this subsection. ``(d) Section Not To Apply to Certain Taxpayers.--No deduction shall be allowed under this section to-- ``(1) any individual who has not attained age 21 before the close of the taxable year, or ``(2) an estate or trust. ``(e) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(f) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1, 1995, the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after January 1, 1995. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Capital gains deduction.--The deduction allowed by section 1203.'' (c) Conforming Amendments.-- (1) Subparagraph (B) of section 172(d)(2) of such Code is amended by inserting before the period ``and the deduction provided by section 1203 shall not be allowed''. (2) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1203,'' after ``1202,''. (3) The second sentence of paragraph (2) of section 871(a) of such Code is amended by inserting ``or 1203'' after ``1202''. (4) Paragraph (1) of section 1402(i) of such Code is amended to read as follows: ``(1) In general.--In determining the net earnings from self-employment of any options dealer or commodities dealer-- ``(A) notwithstanding subsection (a)(3)(A), there shall not be excluded any gain or loss (in the normal course of the taxpayer's activity of dealing in or trading section 1256 contracts) from section 1256 contracts or property related to such contracts, and ``(B) the deduction provided by section 1203 shall not apply.'' (d) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 1203. Capital gains deduction for individuals.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after December 31, 1994.

Middle Class Savings and Capital Gains Act of 1995 - Amends the Internal Revenue Code to allow individuals, in computing their adjusted gross income, a deduction of 100 percent of their net capital gain. Sets a $100,000 lifetime limit on the deduction and adjusts for inflation the balance of this amount remaining after the first year the deduction is taken. Excludes from determinations of the deduction the gain on the sale or exchange of a principal residence by a taxpayer under age 55.

Middle Class Savings and Capital Gains Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Border Security, Cooperation, and Act Now Drug War Prevention Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--GENERAL PROVISIONS Sec. 101. Emergency deployment of United States Border Patrol agents. Sec. 102. Emergency deployment of DEA agents. Sec. 103. Emergency deployment of ATF agents. Sec. 104. Elimination of fixed deployment of United States Border Patrol agents. Sec. 105. Helicopters and power boats. Sec. 106. Control of United State Border Patrol assets. Sec. 107. Motor vehicles. Sec. 108. Portable computers. Sec. 109. Radio communications. Sec. 110. Hand-held global positioning system devices. Sec. 111. Night vision equipment. Sec. 112. Border armor. Sec. 113. Weapons. Sec. 114. Uniforms. Sec. 115. Task force. TITLE II--BORDER RELIEF Sec. 201. Border relief grant program. Sec. 202. Authorization of appropriations. Sec. 203. Enforcement of Federal immigration law. Sec. 204. Regulations. SEC. 2. FINDINGS. Congress finds the following: (1) In 2008, the violence between Mexican drug gangs fighting for trafficking routes to the United States killed approximately 6,000 people in Mexico, including more than 500 police officers and soldiers. (2) In the first eight weeks of 2009, more than 1,000 people were killed as a result of the drug war. (3) In March 2009, Mexico sent an additional 3,200 soldiers to the border, increasing the total number of Mexican solders combating drug cartels to more than 45,000. (4) Over 200 United States citizens have been killed in the drug war, either because they were involved in the cartels or were innocent bystanders. (5) The drug trade in Mexico include marijuana, heroin, cocaine, and methamphetamine (meth). (6) Mexico is the conduit for most of the cocaine-- approximately 90 percent--in the United States, the source for much of the heroin consumed in this country, and the largest foreign supplier of marijuana and meth to other markets. (7) Estimates indicate a vast majority of the cocaine available in the United States market is smuggled by Mexican cartels across the United States-Mexico border. (8) Cartels are becoming increasingly involved in the trafficking of meth because of the large profit margins they obtain from controlling the drug from manufacture to distribution. (9) The drug cartels have criminal earnings in excess of $25 billion per year and physically send more than $10 billion a year in bulk cash back into Mexico from the United States. (10) According to the 2009 National Drug Threat Assessment, Mexican drug trafficking organizations are the greatest drug trafficking threat to the United States. (11) Mexico's cartels have existed for some time, but have become increasingly powerful in recent years with the demise of once powerful cartels in Colombia and the closure of trafficking routes through Florida. (12) The Colombian cartels still play a role in the United States drug trade. (13) The Drug Enforcement Administration (DEA) maintains that the Mexican cartels now command and control the drug trade and show the hallmarks of organized crime, such as organizing into distinct cells with subordinate cells, including gangs, which operate throughout the United States. (14) Mexican cartels control drug distribution in most United States cities, and they are gaining strength in markets that they do not yet control. The 2009 National Drug Threat Assessment indicates that Mexican cartels maintain drug distribution networks or supply drugs to distributors in at least 230 United States cities, including in Alaska and Hawaii. (15) The Federal Government provides States and local governments with assistance in covering the costs related to the fight against the drug cartels and the prosecution of such drug cases, local law enforcement along the border is in need of assistance in covering expenses. Local law enforcement uses its limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border security related crimes. The United States shares 1,989 miles along its border with Mexico. Federal assistance is required to help local law enforcement. TITLE I--GENERAL PROVISIONS SEC. 101. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS. (a) In General.--If the Governor of a State on an international border of the United States declares an international border security emergency, including actions involving Mexican drug gangs fighting for trafficking routes involved in violent drug wars, and requests additional United States Border Patrol agents from the Secretary of Homeland Security, the Secretary is authorized, subject to subsections (b) and (c), to provide the State with up to 500 additional United States Border Patrol agents for the purpose of patrolling and defending the international border in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry. (b) Consultation.--The Secretary of Homeland Security shall consult with the President upon receipt of a request under subsection (a), and shall grant such request to the extent that providing the requested assistance will not significantly impair the Department of Homeland Security's ability to provide border security for any other State. (c) Collective Bargaining.--Emergency deployments under this section shall be made in accordance with all collective bargaining agreements and obligations. SEC. 102. EMERGENCY DEPLOYMENT OF DEA AGENTS. (a) In General.--If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional Drug Enforcement Administration (DEA) agents from the Attorney General, the Attorney General is authorized, subject to subsections (b) and (c), to provide the State with up to 500 additional DEA agents for the purpose of combating the inflow of drugs along trafficking routes to the United States. (b) Consultation.--The Attorney General shall consult with the President upon receipt of a request under subsection (a), and shall grant such request to the extent that providing the requested assistance will not significantly impair the Attorney General's ability to provide DEA agents for any other State. (c) Collective Bargaining.--Emergency deployments under this section shall be made in accordance with all collective bargaining agreements and obligations. SEC. 103. EMERGENCY DEPLOYMENT OF ATF AGENTS. (a) In General.--If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents from the Attorney General, the Attorney General is authorized, subject to subsections (b) and (c), to provide the State with up to 500 additional ATF agents for the purpose of combating the inflow of firearms, explosives, alcohol, and tobacco along smuggling routes to the United States. (b) Consultation.--The Attorney General shall consult with the President upon receipt of a request under subsection (a), and shall grant such request to the extent that providing the requested assistance will not significantly impair the Attorney General's ability to provide ATF agents for any other State. (c) Collective Bargaining.--Emergency deployments under this section shall be made in accordance with all collective bargaining agreements and obligations. SEC. 104. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS. The Secretary of Homeland Security shall ensure that no United States Border Patrol agent is precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances where the temporary use of fixed deployment positions is necessary. SEC. 105. HELICOPTERS AND POWER BOATS. (a) In General.--The Secretary of Homeland Security shall increase by not fewer than 100 the number of United States Border Patrol helicopters, and shall increase by not fewer than 250 the number of United States Border Patrol power boats. The Secretary of Homeland Security shall ensure that appropriate types of helicopters are procured for the various missions being performed. The Secretary of Homeland Security also shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (b) Use and Training.--The Secretary of Homeland Security shall establish an overall policy on how the helicopters and power boats described in subsection (a) will be used and implement training programs for the agents who use them, including safe operating procedures and rescue operations. SEC. 106. CONTROL OF UNITED STATES BORDER PATROL ASSETS. The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. SEC. 107. MOTOR VEHICLES. The Secretary of Homeland Security shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of at least one police-type vehicle per every three United States Border Patrol agents. Additionally, the Secretary of Homeland Security shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol. All vehicles will be chosen on the basis of appropriateness for use by the United States Border Patrol, and each vehicle shall have a ``panic button'' and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress. The police-type vehicles shall be replaced at least every three years. SEC. 108. PORTABLE COMPUTERS. The Secretary of Homeland Security shall ensure that each police- type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol. SEC. 109. RADIO COMMUNICATIONS. The Secretary of Homeland Security shall augment the existing radio communications system so all law enforcement personnel working in every area where United States Border Patrol operations are conducted have clear and encrypted two-way radio communication capabilities at all times. Each portable communications device shall be equipped with a ``panic button'' and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress. SEC. 110. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES. The Secretary of Homeland Security shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes. SEC. 111. NIGHT VISION EQUIPMENT. The Secretary of Homeland Security shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. SEC. 112. BORDER ARMOR. The Secretary of Homeland Security shall ensure that every United States Border Patrol agent is issued high-quality body armor that is appropriate for the climate and risks faced by the individual officer. Each officer shall be allowed to select from among a variety of approved brands and styles. Officers shall be strongly encouraged, but not mandated, to wear such body armor whenever practicable. All body armor shall be replaced at least every five years. SEC. 113. WEAPONS. The Secretary of Homeland Security shall ensure that United States Border Patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow officers, and innocent third parties from the threats posed by armed criminals. In addition, the Secretary shall ensure that the policies of the Department of Homeland Security allow all such officers to carry weapons that are suited to the potential threats that they face. SEC. 114. UNIFORMS. The Secretary of Homeland Security shall ensure that all United States Border Patrol agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly. SEC. 115. TASK FORCE. (a) In General.--There is established a task force to be known as the ATF, DEA, and Border Patrol Task Force. The task force shall be composed of members appointed by the President from among representatives of the United States Border Patrol, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. There shall be an equal number of representatives from each agency. (b) Duties.--The task force shall meet not less than once per month during a two-year period in order to monitor and report to the Congress and to the President on the trade and sale of drugs, alcohol, tobacco, firearms, and explosives along the borders of the United States. Twice a year during such period, the task force shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the United States House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Termination.--The task force shall terminate upon the expiration of the two-year period beginning on the date of the appointment of the last member appointed under this section. TITLE II--BORDER RELIEF SEC. 201. BORDER RELIEF GRANT PROGRAM. (a) In General.--From amounts made available under section 202, the Attorney General may make border security grants to-- (1) sheriffs' offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds.-- (1) In general.--Grant funds received under subsection (a) may be used for the following activities: (A) To conduct law enforcement operations to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer to appropriate Federal law enforcement officials aliens unlawfully present in the United States who detained or in the custody of the grant recipient. (C) To enforce State and Federal laws relating to securing the border and enforce other State and Federal criminal laws. (2) Payment of costs.--Use of funds under paragraph (1) shall include payment for costs of-- (A) hiring, equipping, training, and otherwise controlling the operations and deployment of law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials. (c) Application.-- (1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Attorney General to carry out this title $150,000,000 for fiscal year 2011 and each succeeding fiscal year. SEC. 203. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this title shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority. SEC. 204. REGULATIONS. Not later than 90 days after the date of the enactment of this title, the Attorney General shall issue regulations to carry out this title.

Border Security, Cooperation, and Act Now Drug War Prevention Act of 2011 - Authorizes the Secretary of Homeland Security (DHS) and the Attorney General to provide to a state on a U.S. border up to 500 additional U.S. Border Patrol agents, Drug Enforcement Administration (DEA) agents, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents to patrol and defend the border, combat drug trafficking, and combat smuggling of firearms, explosives, alcohol, and tobacco if the state's governor declares an international border security emergency and requests such agents. Directs the Secretary to: (1) increase the number of U.S. Border Patrol helicopters and power boats; (2) establish a fleet of motor vehicles appropriate for use by the Border Patrol; (3) equip such motor vehicles with portable computers with access to law enforcement databases; (4) augment existing radio communication systems in areas in which the Border Patrol operates; and (5) provide Border Patrol agents with global positioning system devices, night vision equipment, high-quality body armor, reliable and effective weapons, and uniforms. Establishes the ATF, DEA, and Border Patrol Task Force to monitor and report to Congress and the President on the trade and sale of drugs, alcohol, tobacco, firearms, and explosives along U.S. borders. Authorizes the Attorney General to make border security grants to sheriffs' offices and police departments in counties within 25 miles of the southern U.S. border.

To provide for emergency deployments of United States Border Patrol agents and to increase the number of DEA and ATF agents along the international border of the United States to increase resources to identify and eliminate illicit sources of firearms into Mexico for use by violent drug trafficking organizations and for other lawful activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Information Act of 2011''. SEC. 2. ANNUAL MEDICARE BENEFICIARY PART A CONTRIBUTIONS AND BENEFITS STATEMENTS. (a) In General.--Part A of title XI of the Social Security Act is amended by inserting after section 1143 (42 U.S.C. 1320b-13) the following new section: ``annual medicare beneficiary part a contributions and benefits statements ``Sec. 1143A. (a) Provision.-- ``(1) In general.--Beginning not later than 2 years after the date of the enactment of this section, the Secretary, in coordination with the Commissioner of Social Security, shall provide a statement described in subsection (b) (in this section referred to as an `annual Medicare part A information statement') on an annual basis to each eligible individual (as defined in subsection (d)) for whom a current mailing address can be determined through such methods as the Secretary determines to be appropriate. ``(2) Coordination in single mailing with social security account statements.--In order to avoid sending separate statements under this section and section 1143 in the case of an individual for whom a social security account statement is provided under section 1143 and a separate annual Medicare part A information statement would otherwise be provided under this section, the Secretary shall coordinate with the Commissioner of Social Security, whether through transmittal of data or otherwise, in a manner so that the annual Medicare part A information statement is included and sent with such social security account statement. ``(3) Methodology.-- ``(A) In general.--The Secretary, in consultation with the Commissioner of Social Security and the Secretary of the Treasury, shall specify the methodology to be used in estimating lifetime contributions and lifetime benefits with respect to annual Medicare part A information statements. Such methodology for computing the lifespan of an individual shall be the same methodology used for purposes of the social security account statement under section 1143. ``(B) Inclusion of description in statement.--The Secretary shall include a brief description of the key assumptions used in such methodology in the annual Medicare part A information statements. ``(4) Summary of medicare part a program.--Each annual Medicare part A information statement shall include a summary of part A of the Medicare program. Such summary shall also include a summary description of benefits and enrollment options under parts B, C, and D of title XVIII, but shall indicate that the information described in subsection (b) does not include information related to contributions and benefits under those parts. ``(b) Medicare Part A Information Statement Described.--In addition to the information described in paragraphs (3)(B) and (4) of subsection (a), each annual Medicare part A information statement for an eligible individual shall contain the following: ``(1) HI employee contributions.--The total contributions described in section 1143(a)(2)(C) for the individual-- ``(A) for the most recent year for which data are available; ``(B) to the extent feasible, for previous periods through the end of such year; and ``(C) as projected for the individual during the individual's lifetime. To the extent feasible, of such total contributions the portion that is attributable to employer, employee, and self-employment contributions. ``(2) Medicare part a benefits.--In the case of an eligible individual-- ``(A) who, for such most recent year, was entitled to benefits under part A of title XVIII, the total value of such benefits provided to the individual under such part as of the end of such year and, to the extent feasible, the total value of such benefits for such individual for previous periods through the end of such year; and ``(B) an estimate of the actuarial value of the expected benefits under such part for the individual during the individual's lifetime, including (but stated separately) any benefits described in subparagraph (A). ``(3) Comparison.--An appropriate comparison of such contributions with such benefits. ``(c) Records Retention.--The Secretary shall provide for the indefinite retention of information that-- ``(1) is described in subsection (b), including benefits described in subsection (b)(2); and ``(2) the Secretary has not discarded as of the date of the enactment of this section. ``(d) Eligible Individual Defined.--In this section, the term `eligible individual' means an individual-- ``(1) who has a social security account number; ``(2) who has attained age 25 or over; and ``(3) who is entitled to benefits under part A of title XVIII or who, as of the end of the most recent year referred to in subsection (b)(1)(A), has had any contributions described in subsection (b)(1) made with respect to the individual during such year or a previous year.''. (b) Inclusion of Social Security Account Statement for Those Receiving Annual Medicare Part A Information Statement.--Section 1143(a)(3) of such Act (42 U.S.C. 1320b-13(a)(3)) is amended by adding at the end the following: ``Such term includes an individual not described in the previous sentence who is an eligible individual (as defined in subsection (d) of section 1143A) for whom an annual Medicare part A information statement is provided under such section.''.

Medicare Information Act of 2011 - Amends part A of title XI of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to provide to each eligible individual annually a statement of Medicare part A (Hospital Insurance) contributions and benefits in coordination with the annual mailing of Social Security account statements.

A bill to amend title XI of the Social Security Act to provide for the annual mailing of statements of Medicare beneficiary part A contributions and benefits in coordination with the annual mailing of Social Security account statements.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``World War I Centennial Commission Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Establishment of World War I Centennial Commission. Sec. 5. Duties of Centennial Commission. Sec. 6. Powers of Centennial Commission. Sec. 7. Centennial Commission personnel matters. Sec. 8. Termination of Centennial Commission. Sec. 9. Prohibition on obligation of Federal funds. SEC. 2. FINDINGS. Congress makes the following findings: (1) From 2014 through 2018, the United States and nations around the world will mark the centennial of World War I, including the entry of the United States into the war in April 1917. (2) America's support of Great Britain, France, Belgium, and its other allies in World War I marked the first time in United States history that American soldiers went abroad in defense of liberty against foreign aggression, and it marked the true beginning of the ``American century''. (3) Although World War I was at the time called ``the war to end all wars'', in fact the United States would commit its troops to the defense of foreign lands 3 more times in the 20th century. (4) More than 4,000,000 men and women from the United States served in uniform during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. Two million individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. The United States suffered 375,000 casualties during World War I, including 116,516 deaths. (5) The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people. (6) The centennial of World War I offers an opportunity for people in the United States to learn about and commemorate the sacrifices of their predecessors. (7) Commemorative programs, activities, and sites allow people in the United States to learn about the history of World War I, the United States involvement in that war, and the war's effects on the remainder of the 20th century, and to commemorate and honor the participation of the United States and its citizens in the war effort. SEC. 3. DEFINITIONS. In this Act-- (1) America's national world war i museum.--The term ``America's National World War I Museum'' means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2045). (2) Centennial commission.--The term ``Centennial Commission'' means the World War I Centennial Commission established by section 4(a). (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION. (a) Establishment.--There is established a commission to be known as the ``World War I Centennial Commission''. (b) Membership.-- (1) Composition.--The Centennial Commission shall be composed of 12 members as follows: (A) Two members who shall be appointed by the Speaker of the House of Representatives. (B) One member who shall be appointed by the minority leader of the House of Representatives. (C) Two members who shall be appointed by the majority leader of the Senate. (D) One member who shall be appointed by the minority leader of the Senate. (E) Three members who shall be appointed by the President from among persons who are broadly representative of the people of the United States (including members of the Armed Forces, veterans, and representatives of veterans service organizations). (F) One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States. (G) One member who shall be appointed by the executive director of the American Legion. (H) One member who shall be appointed by the president of the Liberty Memorial Association. (2) Time for appointment.--The members of the Centennial Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (3) Period of appointment.--Each member shall be appointed for the life of the Centennial Commission. (4) Vacancies.--A vacancy in the Centennial Commission shall be filled in the manner in which the original appointment was made. (c) Meetings.-- (1) Initial meeting.-- (A) In general.--Not later than 30 days after the date on which all members of the Centennial Commission have been appointed, the Centennial Commission shall hold its first meeting. (B) Location.--The location for the meeting held under subparagraph (A) shall be the America's National World War I Museum. (2) Subsequent meetings.-- (A) In general.--The Centennial Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Centennial Commission not less frequently than once each year. (C) Location.--Not less frequently than once each year, the Centennial Commission shall meet at the America's National World War I Museum. (3) Quorum.--Seven members of the Centennial Commission shall constitute a quorum, but a lesser number may hold hearings. (d) Chair and Vice Chair.--The Centennial Commission shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES OF CENTENNIAL COMMISSION. (a) In General.--The duties of the Centennial Commission are as follows: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States relating to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (5) To develop recommendations for Congress and the President for commemorating the centennial of World War I. (b) Reports.-- (1) Periodic report.--Not later than the last day of the 6- month period beginning on the date of the enactment of this Act, and not later than the last day of each 3-month period thereafter, the Centennial Commission shall submit to Congress and the President a report on the activities and plans of the Centennial Commission. (2) Recommendations.--Not later than 2 years after the date of the enactment of this Act, the Centennial Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. SEC. 6. POWERS OF CENTENNIAL COMMISSION. (a) Hearings.--The Centennial Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Centennial Commission considers appropriate to carry out its duties under this Act. (b) Powers of Member and Agents.--If authorized by the Centennial Commission, any member or agent of the Centennial Commission may take any action which the Centennial Commission is authorized to take under this Act. (c) Information From Federal Agencies.--The Centennial Commission shall secure directly from any Federal department or agency such information as the Centennial Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Centennial Commission, the head of such department or agency shall furnish such information to the Centennial Commission. (d) Administrative Support Services.--Upon the request of the Centennial Commission, the Administrator of the General Services Administration shall provide to the Centennial Commission, on a reimbursable basis, the administrative support services necessary for the Centennial Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Centennial Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Centennial Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Centennial Commission under section 8(a). (f) Postal Services.--The Centennial 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. (g) Gifts, Bequests, and Devises.--The Centennial Commission shall accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of covering the costs incurred by the Centennial Commission to carry out its duties under this Act. SEC. 7. CENTENNIAL COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Centennial Commission shall serve without compensation for such service. (b) Travel Expenses.--Each member of the Centennial Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. (c) Staff.-- (1) In general.--The Chair of the Centennial Commission shall, in consultation with the members of the Centennial Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Centennial Commission to perform its duties. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Chair of the Centennial Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1). (B) Limitation.--The Chair of the Centennial Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate of payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (C) Work location.--If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Centennial Commission and other personnel appointed under paragraph (1) shall work in such building to the extent practical. (d) Detail of Government Employees.--Upon request of the Centennial Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Centennial Commission to assist it in carrying out its duties under this Act. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Centennial Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (f) Source of Funds.--Gifts, bequests, and devises of services or property, both real and personal, received by the Centennial Commission under section 6(g) shall be the only source of funds to cover the costs incurred by the Centennial Commission under this section. SEC. 8. TERMINATION OF CENTENNIAL COMMISSION. (a) In General.--The Centennial Commission shall terminate on the earlier of-- (1) the date that is 30 days after the date the completion of the activities under this Act honoring the centennial observation of World War I; or (2) July 28, 2019. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Centennial Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act shall not apply to the Centennial Commission. SEC. 9. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS. No Federal funds may be obligated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 21, 2012. The summary of that version is repeated here.) World War I Centennial Commission Act - Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop recommendations for Congress and the President for commemorating the centennial of World War I. Prohibits the obligation of federal funds to carry out this Act.

To establish a commission to ensure a suitable observance of the centennial of World War I, to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Services Enhancement Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) competition in telecommunications and cable services will encourage infrastructure development, have beneficial effects on the price, universal availability, variety and quality of telecommunications services, and improve our economy, our culture, and our political system; (2) all telecommunications and information services markets should be open to competition and all providers of telecommunications services should be able to provide such services and be subject to equivalent regulation when offering such services; (3) all providers of telecommunications and information services should be subject to equivalent regulation; (4) if all providers of telecommunications services do not have the opportunity to provide all telecommunications and information services, it would not be in the public interest to remove barriers to entry to intrastate telecommunications services such as telephone exchange service, intrastate intraLATA telecommunications services, and telephone exchange access services; (5) when barriers to entry to intrastate telecommunications services such as telephone exchange service, intrastate intraLATA toll telecommunications services, and exchange access services are removed, all restrictions on the lines of business in which they may engage should be eliminated for existing providers of these services; (6) the elimination of the restraints on the lines of business will result in the creation of a substantial number of new jobs; (7) if the removal of the restrictions on the lines of business are delayed, the job creation resulting from the removal of these constraints will also be delayed; (8) advanced telecommunications services can enhance the quality of life and promote economic development, job creation, and international competitiveness; (9) advancements in the nation's telecommunications infrastructure will enhance the public welfare by helping to speed the delivery of services such as telemedicine, distance learning, remote medical services, and distribution of health information; (10) services such as telemedicine will promote the provision of health care to all Americans and reduce the cost of providing health care; (11) improvements in the telecommunications infrastructure will be greatly enhanced if all providers of telecommunications services are permitted to offer these services on the same basis and subject to equivalent regulatory requirements; (12) rural and sparsely populated areas will not receive the benefits of advanced telecommunications services unless all providers of telecommunications services have eliminated the restrictions on the lines of business in which they may engage; (13) existing regulatory devices no longer work, and the regulatory asymmetries that exist today are inconsistent with competitive marketplaces; and (14) oversight of the telecommunications industry should be conducted from the perspective of the Antitrust Laws by the Department of Justice and from the regulatory perspective by the Commission for interstate telecommunications services and the States for intrastate telecommunications services. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following new definitions: ``(hh) `Local exchange carrier' means any person that is engaged in the provision of telephone exchange service or telephone exchange access service; such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c), except to the extent that the Commission finds that such service as provided by such person in a State is a replacement for a substantial portion of the wireline telephone exchange service within such State. ``(ii) `Telephone exchange access service' means the offering of telephone exchange services or facilities for the purpose of the origination or termination of interexchange telecommunications services to or from an exchange area. ``(jj) `Telecommunications service' means the offering for profit to the public or to such classes and eligible users as to be effectively available to a substantial portion of the public of-- ``(1) telecommunications facilities that (A) are owned or controlled by a provider of telephone exchange service or (B) interconnect with the network of a provider of telephone exchange service; or ``(2) telecommunications by means of such telecommunications facilities. Such term does not include information services. ``(kk) `Bell operating company' means any of the companies listed in Appendix A of the Modification of Final Judgment, and includes any successor or assign of any such company, but does not include any affiliate of any such company. ``(ll) `Modification of Final Judgment' means the decree entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82--0192 (United States District Court, District of Columbia). ``(mm) `Telecommunications' means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received, by means of electromagnetic transmission medium, including all instrumentalities, facilities, apparatus, and services (including the collection, storage, forwarding, switching, and delivery of such information) essential to such transmission; such term does not include cable or information services.''. (b) Amendment to Title II.--Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new sections: ``SEC. 230. REMOVAL OF ENTRY BARRIERS. ``Subject to the provisions of section 301 of this Act, 1 year after the date of enactment of this section, no State or local statute or regulation, or other State or local legal requirement, shall prohibit or have the effect of prohibiting the ability of any entity to provide interstate or intrastate telecommunications services. No State or local governmental entity may unreasonably discriminate among telecommunications carriers. ``SEC. 231. INTERLATA TELECOMMUNICATIONS SERVICES. ``(a) Authority.--Notwithstanding any other provision of law or any restriction or obligation imposed before the date of enactment of this section pursuant to section II(D) of the Modification of Final Judgment, a Bell operating company or affiliate may engage in the provision of interLATA telecommunications services when the barriers to entry to provide any interstate or intrastate telecommunications services have been removed pursuant to Section 230 or 1 year after the date of enactment of this section, whichever is earlier. ``(b) Definition.--As used in this section, the term `LATA' means the local access and transport areas as defined in United States v. Western Electric Co., 569 F. Supp. 990 (United States District Court, District of Columbia) and subsequent judicial orders relating thereto. ``SEC. 232. REGULATORY PARITY. ``(a) Cable Service.--No cable operator shall provide telephone exchange service or telephone exchange access service in the geographic area where it provides video programming so long as the local exchange carrier for that geographic area is prohibited from providing video programming directly to subscribers. ``(b) Competitive Services.--The Commission shall, within eighteen months after the enactment of this section, promulgate regulations that ensure that all providers of competitive telecommunications services are subject to equivalent regulation and notwithstanding any other provision of this Act, the Commission shall have authority to conform any aspect of its scheme of regulation in order to reflect a competitive telecommunications environment. ``(c) Definition.--For the purposes of this section, the term `competitive telecommunications services' means a substitutable service offered by an unaffiliated entity at comparable or better rates, terms, and conditions.''. (c) Amendment to Title VI.--Section 613(b) of the Communications Act of 1934 (47 U.S.C. 533(b)) is amended to read as follows: ``(b) A local exchange carrier subject in whole or in part to title II of this Act may-- ``(1) provide video programming directly to subscribers, either through its own facilities or through an affiliate owned, operated, or controlled by, or under common control with, the local exchange carrier; and ``(2) provide channels of communication or pole line, conduit space, or other rental arrangements to any entity which is directly or indirectly owned, operated, or controlled by, or under common control with the local exchange carrier, to be used for, or in connection with, the provision of video programming directly to subscribers.''. SEC. 4. JURISDICTION. Section 2 of the Communications Act of 1934 (47 U.S.C. 152) is amended by inserting in subsection (b) ``and sections 230, 231, and 232'' immediately after ``sections 223 through 227, inclusive''.

Telecommunications Services Enhancement Act of 1994 - Amends the Communications Act of 1934 to prohibit any State or local governmental entity, statute, or regulation from: (1) prohibiting the ability of an entity to provide interstate or intrastate telecommunications services; or (2) unreasonably discriminating among telecommunications carriers. Authorizes a Bell operating company or its affiliate to engage in the provision of interLATA (local access and transport areas) telecommunications services when the barriers to entry for the provision of interstate or intrastate telecommunications services have been removed. Prohibits a cable operator from providing telephone exchange service or telephone exchange access service in the geographic area where it provides video programming so long as the local exchange carrier (LEC) for such area is prohibited from providing video programming directly to its subscribers. Requires the Federal Communications Commission to promulgate regulations ensuring that all providers of competitive telecommunications services are subject to equivalent regulation. Authorizes (current law prohibits) an LEC to: (1) provide video programming to its subscribers either directly or through an affiliate; and (2) provide channels of communication or pole line, conduit space, or other rental arrangements to an entity directly owned, operated, or controlled by the LEC to be used to provide video programming directly to subscribers.

Telecommunications Services Enhancement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``TPS Act''. SEC. 2. TERMINATION OF GRANTS OF TEMPORARY PROTECTED STATUS. Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) is amended by adding at the end the following: ``(j) Termination.-- ``(1) In general.--Beginning on the date of the enactment of this subsection, no alien shall be eligible for a new grant of temporary protected status under this section, except for an alien with an application under subsection (a) pending on such date pursuant to a designation of a foreign state made under subsection (b) before such date. ``(2) Extension of period.--Notwithstanding any other provision of this section, in the case of an alien having temporary protected status on the date of the enactment of this subsection, or obtaining a grant of temporary protected status pursuant to an application described in paragraph (1), the period in which the alien is granted temporary protected status under this section is deemed to be the 3-year period beginning on the date of the enactment of this subsection, and the documentation described in subsection (d) shall be valid during such period. The provisions of subsections (c) through (h) shall continue to apply during such period.''. SEC. 3. PERMANENT RESIDENT STATUS FOR FORMER TPS HOLDERS. (a) In General.--The Secretary of Homeland Security shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-- (1) had temporary protected status on the day before the end of the 3-year period beginning on the date of the enactment of this Act; (2) makes application for such adjustment during period beginning 6 months before the end of the 3-year period beginning on the date of the enactment of this Act; (3) is admissible as an immigrant under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) at the time of examination for adjustment of such alien, except that in the determination of the alien's admissibility for purposes of this section, the Secretary shall apply the terms of section 244(c)(2)(A) of such Act (8 U.S.C. 1254a(c)(2)(A)); and (4) otherwise satisfies the requirements of this section. (b) Procedures.--The Secretary shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this section without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa pursuant to the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. Except as provided in subsection (g), aliens provided status under this section shall not be subject to, or counted against, any numerical limitation under sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153). (c) Application Fee.--The Secretary may require an alien applying for permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (d) Submission of Biometric and Biographic Data.--The Secretary may not grant an alien permanent resident status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (e) Background Checks.-- (1) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate-- (A) to conduct security and law enforcement background checks of an alien seeking permanent resident status under this section; and (B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (2) Completion of background checks.--The security and law enforcement background checks of an alien required under paragraph (1) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status under this section. (f) Treatment of Aliens Pending Grant of Permanent Residence.-- (1) Limitation on removal.--The Secretary or the Attorney General may not remove an alien who has pending an application for relief under this section and appears prima facie eligible for such relief. (2) Provisional protected status.-- (A) In general.--In the case of an alien described in paragraph (1), the Secretary shall grant provisional protected presence to the alien and shall provide the alien with employment authorization effective until the date on which-- (i) the alien's application for relief under this section is finally denied; or (ii) the Secretary adjusts the status of the alien to that of an alien lawfully admitted for permanent residence. (B) Status during period of provisional protected presence.--An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on a date described in subparagraph (A), except that the Secretary may rescind an alien's provisional protected presence and employment authorization under this paragraph if the Secretary determines that the alien-- (i) poses a threat to national security or a threat to public safety; or (ii) has traveled outside of the United States without authorization from the Secretary. (g) Temporary Reduction in Immigrant Visas.-- (1) In general.--Beginning in fiscal year 2022, subject to paragraph (2), the total number of immigrant visas available for a fiscal year under subsections (c) through (e) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), as modified by subsections (d) and (e) of section 203 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note; 8 U.S.C. 1153 note), shall be reduced by 50,000 from the number of visas otherwise available under such subsections for such fiscal year. In carrying out the preceding sentence, each category of family-sponsored, employment-based, and diversity immigrant visas described in section 203 of such Act (8 U.S.C. 1153) shall be reduced in the same proportion as the number of visas otherwise allocable to the category bears to the total number of immigrant visas that otherwise would be available for the fiscal year absent the enactment of this subsection. (2) Limitation.--In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which-- (A) the total number of individuals who have adjusted their status to that of aliens lawfully admitted for permanent residence under subsection (a) as of the end of the previous fiscal year; exceeds (B) the total of the reductions in available visas under this subsection for all previous fiscal years. (h) Definition.--In this section, the term ``Secretary'' means the Secretary of Homeland Security.

TPS Act This bill amends the Immigration and Nationality Act to terminate new grants of temporary protected status (TPS) to aliens except for individuals with a pending TPS application. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.) The bill provides for: (1) a three-year TPS extension for individuals with TPS status or with a pending TPS application that is subsequently granted, and (2) subsequent adjustment to lawful permanent residence (LPR) status. The Department of Homeland Security (DHS) shall allow eligible individuals, including minors, to apply for LPR relief without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa. An alien who has a pending LPR application and appears prima facie eligible for such relief may not be removed. DHS shall provide such alien with provisional protected presence and work authorization effective until the alien's LPR application is denied or approved. DHS may rescind an alien's provisional protected presence and employment authorization if DHS determines that the alien: (1) poses a national security or public safety threat; or (2) has traveled outside of the United States without DHS authorization. Beginning in FY2022, the fiscal year number of family-sponsored, employment-based, and diversity immigrant visas shall be reduced by 50,000, subject to a specified limitation.

TPS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Innovation in Medicine Act of 2017'' or the ``AIM Act of 2017''. SEC. 2. FINDINGS. Congress finds as follows: (1) Innovation in health care technology is necessary to improve health outcomes and depends in part on the ability of medical technology developers, including scientists, physicians, engineers, and patient advocates, to introduce medical devices into the marketplace. (2) Even after meeting requirements for marketing set by the Food and Drug Administration, there may be uncertainties about patient access through government health care programs, causing significant delays in bringing innovative medical devices to patients or causing medical technology developers to abandon potential health care solutions. (3) Patients covered by the Medicare program are often willing to enter into self-pay arrangements with physicians and other providers to purchase items or services, yet under current laws restricting such freedom of choice, the self-pay arrangements may be associated with regulatory impediments or a risk of civil penalties. (4) Enabling health care technology manufacturers to designate products to be directly available to self-pay patients and excluded from government health program payments at an early stage of product development will promote innovation and result in increased patient access to desired products and services, save taxpayer dollars, and reduce administrative burdens on physicians and the government. (5) Enabling health care technology manufacturers to designate their devices as available to self-pay patients would permit a window of time during which additional data may be obtained on outcomes, comparative clinical effectiveness or other data elements for possible future coverage by the Medicare program. SEC. 3. ESTABLISHMENT OF MANUFACTURER OPT-OUT PROGRAM FOR MEDICAL DEVICES. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended adding at the end the following new subsection: ``(p) Establishment of Accelerating Innovation in Medicine (AIM) List of Medical Devices Voluntarily Excluded From Coverage.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop and maintain a listing (in this section referred to as the `AIM list') of medical devices for which, because of their inclusion in such listing, no insurance benefit and no payment may be made for such a device (or for any items or services related to furnishing such device) under this title either directly or on a capitated basis such that no claim for payment may be submitted under this title for such a device (or for any items or services related to furnishing such device) and an individual who consents to receive such a device is responsible for payment for the device (and for any items and services related to furnishing such device). ``(2) Procedures for inclusion in aim list.-- ``(A) Requirement for written consent of manufacturer.--No medical device may be included in the AIM list without the written consent of the manufacturer of the device. ``(B) Submission process.--A manufacturer seeking to have a medical device included in the AIM list shall submit to the Secretary a request for inclusion of the device in the AIM list. In the case of such a device for which-- ``(i) there is a request for approval or clearance for marketing and sale of the device by the Food and Drug Administration pursuant to authority granted by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), including pursuant to section 510(k) or 515(c) of such Act (21 U.S.C. 360(k), 360e(c)), the request for inclusion of the device in the AIM list may not be submitted earlier than the date of the request for such approval or clearance and no later than the first business day of the month beginning at least 30 days after the date of such approval or clearance; or ``(ii) the device is exempt from such approval and clearance requirements, the request may be submitted at a time that is not later than the first business day of the month beginning at least 30 days after the date of the first sale of the device by its manufacturer. ``(3) Listing periods; removal from list.-- ``(A) 3-year listing periods.--A medical device included in the AIM list shall be initially listed for a period of 3 years and shall remain so listed for subsequent 3-year periods subject to subparagraphs (B) and (C). ``(B) Removal at request of manufacturer.--At any time a device of a manufacturer included in the AIM list shall be removed from the AIM list upon the written request of the manufacturer. Subject to subparagraph (C), such a device of a manufacturer may not be removed from the AIM list except upon the written request of the manufacturer. ``(C) Provision of data on clinical studies as a condition for continued listing.--As a condition for the continued inclusion of the device of a manufacturer in the AIM list for a subsequent 3-year listing period under subparagraph (A), the manufacturer shall provide the Secretary with published or publicly available data on clinical studies completed for the device at the end of the previous 3-year listing period. If the Secretary determines that a manufacturer of a device has materially failed to provide such data for the device, the Secretary may remove the device from the AIM list or not renew the listing for the device or both. ``(4) Medical device defined.--In this subsection, the term `medical device' has the meaning given the term `device' in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(5) Posting of listed devices on website.--The Secretary shall post on a public website of the Department of Health and Human Services or other publicly accessible manner a list of the medical devices included in the AIM list and shall provide for updating the website on a real-time basis (but no less frequently than monthly) to reflect changes in the medical devices in the AIM list. ``(6) Regulations not required.--Nothing in this subsection shall be construed as requiring the Secretary to promulgate regulations to carry out this subsection. ``(7) Requirement for informed consent in order for provider to charge for device.--If a physician or other entity furnishes a medical device included in the AIM list to an individual under this title and failed to obtain, before furnishing the device, an appropriate informed consent under which the individual is informed of and accepts liability under paragraph (1) for payment for the device (and for items and services related to furnishing such device), the physician or other entity is deemed to have agreed not to impose any charge under this title for such device (and for items and services related to furnishing such device).''. (b) Conforming Amendment.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (24), by striking ``or'' at the end; (2) in paragraph (25), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (25) the following new paragraph: ``(26) where such expenses are for a medical device included in the AIM list under section 1862(p) (or for items and services related to furnishing such device).''.

Accelerating Innovation in Medicine Act of 2017 or the AIM Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to develop, maintain, and make publicly available a list of medical devices that shall be voluntarily excluded from payment under the Medicare program. A Medicare beneficiary who consents to receive such a medical device shall be responsible for payment for the device. A manufacturer seeking to have a medical device included in the list must submit a request for inclusion to the CMS, in accordance with specified timelines. As a condition for a device's continued inclusion on the list, a manufacturer must provide the CMS with data on clinical studies completed with respect to the device.

Accelerating Innovation in Medicine Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Construction Fund Qualified Withdrawal Act of 2003''. SEC. 2. AMENDMENT OF THE MERCHANT MARINE ACT OF 1936 TO ENCOURAGE RETIREMENT OF CERTAIN FISHING VESSELS AND PERMITS. (a) In General.--Section 607(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(a)) is amended by adding at the end the following: ``Any agreement entered into under this section may be modified for the purpose of encouraging the sustainability of the fisheries of the United States by making the termination and withdrawal of a capital construction fund a qualified withdrawal if done in exchange for the retirement of the related commercial fishing vessels and related commercial fishing permits.''. (b) New Qualified Withdrawals.-- (1) In general.--Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel'' in subparagraph (A) and inserting ``vessel;''; (C) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (D) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; and (E) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)); ``(E) in the case of any such person or shareholder for whose benefit such fund was established with respect to any vessel operated in the fisheries of the United States, or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3) of the Internal Revenue Code of 1986) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37) of such Code); ``(F) the payment of the net proceeds deposited into the fund from a sale described in subsection (b)(1)(C)(ii) to a person retiring related commercial fishing vessels and permits; ``(G) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; or ``(H) the acquisition or construction of fishing gear designed to minimize or avoid by-catch as required under section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(9)).''. (2) Reduction program sale proceeds allowed in determining deposit ceiling.--Section 607(b)(1)(C) of such Act (46 U.S.C. App. 1177(b)(1)(C)) is amended by striking ``or (ii)'' and inserting ``(ii) the sale of any agreement vessel or fishing permit retired through the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), or (iii)''. (3) Certain qualified withdrawals treated as withdrawn from the capital account.--Section 607(e)(2)(B) of such Act (46 U.S.C. App. 1177(e)(2)(B)) is amended by adding at the end ``unless such portion represents gain from a sale described in subsection (b)(1)(C)(ii) and is withdrawn for any purpose provided under subparagraph (D), (E), or (F) of subsection (f)(1),''. (4) Secretary to ensure retirement of vessels and permits.--The Secretary of Commerce by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by section 607(f)(1)(F) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)(F)) retires the related commercial use of fishing vessels and commercial fishery permits. (c) Conforming Amendments.-- (1) In general.--Section 7518(e)(1) of the Internal Revenue Code of 1986 (relating to purposes of qualified withdrawals) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (C) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; (D) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a); ``(E) in the case of any person or shareholder for whose benefit such fund was established with respect to any vessel operated in the fisheries of the United States, or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3)) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37)); ``(F) the payment of the net proceeds deposited into the fund from a sale described in subsection (a)(1)(C)(ii) to a person retiring related commercial fishing vessels and permits; ``(G) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; or ``(H) the acquisition or construction of fishing gear designed to minimize or avoid by-catch as required under section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(9)).''. (2) Reduction program sale proceeds allowed in determining deposit ceiling.--Section 7518(a)(1)(C) of such Code is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the sale of any agreement vessel or fishing permit retired through the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), or''. (3) Certain qualified withdrawals treated as withdrawn from the capital account.--Section 7718(d)(2)(B) of such Code is amended by adding at the end ``unless such portion represents gain from a sale described in subsection (a)(1)(C)(ii) and is withdrawn for any purpose provided under subparagraph (D), (E), or (F) of subsection (e)(1),''. (4) Secretary to ensure retirement of vessels and permits.--The Secretary of the Treasury by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by section 7518(e)(1)(F) of the Internal Revenue Code of 1986 retires the related commercial use of fishing vessels and commercial fishery permits referred to therein. (d) Effective Date.--The amendments made by this section shall apply to withdrawals made after the date of enactment of this Act.

Capital Construction Fund Qualified Withdrawal Act of 2003 - Amends the Merchant Marine Act and the Internal Revenue Code to permit as qualified withdrawals from fishing capital construction funds money used by retiring fishermen for the following purposes: (1) paying the net proceeds to a person retiring related commercial fishing vessels and permits; (2) making a rollover contribution into an owner's individual retirement plan; (3) making a payment of an industry fee authorized by the fishing capacity reduction program; and (4) acquiring a vessel monitoring system or the aquisition or construction of fishing gear designed to minimize or avoid bycatch.

To provide for qualified withdrawals from the Capital Construction Fund for fishermen leaving the industry and for the rollover of Capital Construction Funds to individual retirement plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Antitrust Consultative Commission Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Antitrust laws are an important legal tool for opening markets to international competition and defusing trade tension. (2) All nations should make it a priority to enact and vigorously enforce strong competition laws to benefit consumers, encourage international competition and foster growth in jobs, productivity, and investment. (3) Japanese antimonopoly law is similar to United States antitrust law, partly as a result of its formulation during America's post-World War II occupation of Japan. However, there are observable differences in the respective antitrust enforcement environments of Japan and the United States. (4) In Japan-- (A) the lenient interpretation and enforcement of the antimonopoly law is insufficient to prevent business practices which result in significant barriers to foreign entry into the Japanese market; (B) private antitrust lawsuits are very difficult to file and virtually impossible to win in Japan because of strict requirements stipulating proof of damages; (C) due to political and bureaucratic pressures, criminal prosecution of antitrust violations rarely occurs in Japan; (D) many cartels are exempted and legal under the antimonopoly law in Japan. The large number of exempted and legal cartels contributes to an environment in which illegal cartels become less subject to criticism and scrutiny; and (E) the Japan Fair Trade Commission's capacity to enforce antimonopoly law is limited by the small size of its staff and the status of the Commission in the hierarchy of Japanese bureaucracies. (5) In the United States-- (A) corporations may be apprehensive about participating in certain business activities such as joint ventures or exclusive distributorship arrangements due to uncertainties concerning the enforcement of antitrust law; and (B) the cost of antitrust litigation, including the risk of treble damages, may have a negative impact on United States corporate competitiveness. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage a review of the antitrust policies of Japan and the United States in the context of a changing global economy and to foster ways of improving competition in both countries; (2) to encourage the Japan Fair Trade Commission and the United States Department of Justice and United States Federal Trade Commission toward more comparable levels of enforcement activity; (3) to ensure that the Japan Fair Trade Commission increasingly enforces the antimonopoly law based upon antitrust principles of protecting competition; (4) to encourage Japan to end unfair business practices that result in market foreclosure to foreign competition; (5) to increase awareness of criminal antitrust enforcement as a means of addressing anticompetitive business behavior in Japan; (6) to encourage the government of Japan to increase the investigative power of the Japan Fair Trade Commission; and (7) to encourage the government of Japan to reduce the number of cartels exempted from the antimonopoly law. SEC. 4. DEFINITIONS. In this Act-- ``antimonopoly law'' means codes enforced by the Japan Fair Trade Commission to promote fair and free competition by prohibiting private monopolization, unreasonable restraint of trade, and unfair business practices. ``antitrust policy'' means the general principles by which government is guided in maintaining competition in commercial activities. ``antitrust law'' means the body of statutes, court decisions, and other law designed to ensure the existence of competition in commercial activities. Antitrust law in the United States protects trade and commerce from unlawful restraints such as price fixing, exclusive dealings, and monopolies. ``Commission'' means the United States-Japan Joint Antitrust Consultative Commission established by section 5. SEC. 5. JOINT ANTITRUST CONSULTATIVE COMMISSION. (a) Establishment.--There is established the ``United States-Japan Joint Antitrust Consultative Commission''. (b) American Delegation.-- (1) Membership.--The American delegation to the Commission shall be composed of the following members: (A) Members of Congress: (i) The chairman of the Committee on Finance of the Senate, or the chairman's designee. (ii) The ranking minority member of the Committee on Finance of the Senate, or the ranking minority member's designee. (iii) The chairman of the Committee on Ways and Means of the House of Representatives, or the chairman's designee. (iv) The ranking minority member of the Committee on Ways and Means of the House of Representatives, or the ranking minority member's designee. (v) The chairman of the Committee on the Judiciary of the Senate, or the chairman's designee. (vi) The ranking minority member of the Committee on the Judiciary of the Senate, or the ranking minority member's designee. (vii) The chairman of the Committee on the Judiciary of the House of Representatives, or the chairman's designee. (viii) The ranking minority member of Committee on the Judiciary of the House of Representatives, or the ranking minority member's designee. (ix) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman's designee. (x) The ranking minority member of the Committee on Commerce, Science and Transportation of the Senate, or the ranking minority member's designee. (xi) The chairman of the Committee on Energy and Commerce of the House of Representatives, or the chairman's designee. (xii) The ranking minority member of the Committee on Energy and Commerce of the House of Representatives, or the ranking minority member's designee. (B) Executive officers: (i) The Attorney General, or the Attorney General's designee. (ii) The chairman of the Federal Trade Commission, or the chairman's designee. (iii) The Secretary of State, or the Secretary's designee. (iv) The Secretary of the Treasury, or the Secretary's designee. (v) The Secretary of Commerce, or the Secretary's designee. (vi) The United States Trade Representative, or the Trade Representative's designee. (2) Lead representative.--(A) The Attorney General, or the Attorney General's designee, shall be the American delegation's lead representative. (B) The lead representative shall-- (i) contact the Japanese lead representative to-- (I) set an agenda for the Commission's meetings; and (II) set mutually convenient annual meeting dates; (ii) supervise the establishment, procedures, and structure of the Commission with the Japanese lead representative, except such procedures shall allow representatives of industries discussed at such meetings an opportunity to present their views; (iii) assemble and maintain the reports, records, and other papers of the Commission for use by the American delegation and the public; and (iv) institute the comprehensive review required by section 8. (c) Japanese Delegation.-- (1) Contingency on commencement of activities.--The commencement of activities under this Act by the American delegation to the Commission is contingent on the creation by the appropriate Japanese officials of a Japanese delegation with representation from an appropriate range of institutions and interests that participate in antitrust activities in Japan, as determined by the lead representative of the American delegation. (2) Membership.--It is the sense of Congress that the Japanese delegation should have the same number of members as the American delegation and be composed of representatives of public, private, and other organizations involved in antitrust activities in Japan. It is the sense of the Congress that such a delegation should at a minimum include the following members: (A) Members of the Diet: (i) The chairman of the Budget Committee of the House of Representatives, or the chairman's designee. (ii) The ranking member of the main opposition party of the Budget Committee of the House of Representatives, or the ranking member's designee. (iii) The Budget Committee chairman of the House of Councillors, or the chairman's designee. (iv) The ranking member of the main opposition party of the Budget Committee of the House of Councillors, or the ranking member's designee. (v) The chairman of the Commerce Committee of the House of Representatives, or the chairman's designee. (vi) The ranking member of the main opposition party of the Commerce Committee of the House of Representatives, or the ranking member's designee. (vii) The chairman of the Commerce Committee of the House of Councillors, or the chairman's designee. (viii) The ranking member of the main opposition party of the Commerce Committee of the House of Councillors, or the ranking member's designee. (ix) The chairman of the Judiciary Committee of the House of Representatives, or the chairman's designee. (x) The ranking member of the main opposition party of the Judiciary Committee of the House of Representatives, or the ranking member's designee. (xi) The chairman of the Judiciary Committee of the House of Councillors, or the chairman's designee. (xii) The ranking member of the main opposition party of the Judiciary Committee of the House of Councillors, or the ranking member's designee. (B) Executive officers: (i) The chairman of the Japan Fair Trade Commission, or the chairman's designee, and 1 additional commissioner of the chairman's choice, or that commissioner's designee. (ii) The Minister of Finance, or the Minister's designee. (iii) The Minister of International Trade and Industry, or the Minister's designee. (iv) The Minister of Foreign Affairs, or the Minister's designee. (v) The Minister of Justice, or the Minister's designee. (3) Lead representative.--It is the sense of Congress that the Prime Minister, or the Prime Minister's designee, should appoint 1 of the members of the Japanese delegation as a lead representative to contact the United States lead representative to-- (A) set an agenda for the Commission's meetings; (B) set mutually convenient annual meeting dates; and (C) perform such other duties as may be assigned to the lead representative. (d) Meetings.--The Commission shall convene annually, with the first meeting to take place in Washington, D.C., in 1994 and the site of the meeting to alternate thereafter between the United States and Japan. (e) Federal Advisory Committee Act.--The Commission shall not be considered to be an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 6. COMMISSION FUNCTIONS. The Commission shall-- (1) discuss and make recommendations on long-term structural differences in antitrust policy and short-term antitrust disputes; and (2) serve as an open forum to promote more coherent enforcement of antitrust law in Japan and the United States. SEC. 7. REPORT. The recommendations and findings of the Commission, reflecting the major views expressed during the deliberations of the Commission, shall be completed and made public through issuance of a report in English by the agency from which the lead representative of the American delegation is selected, not more than 90 days after the Commission holds its annual meeting. It is the sense of Congress that the Japanese delegation should issue a Japanese language version of the report at the same time as the English language report is issued. SEC. 8. COMPREHENSIVE REVIEW. The lead representative of the American delegation shall institute a comprehensive review of the activities and responsibilities of the Commission not later than 180 days after the second annual meeting of the Commission to determine-- (1) whether the Commission is carrying out its purpose; (2) whether consistent with the purposes of this Act, responsibilities assigned to the Commission should be revised; and (3) whether the existence of the Commission should be continued. SEC. 9. COMPENSATION. Members of the American delegation to the Commission shall not be paid compensation for services performed on the Commission. SEC. 10. PAYMENT OF EXPENSES. The expenses of departments and agencies of the executive branch and of members and committees of the Senate and of the House of Representatives in carrying out this Act, including travel expenses and expenses relating to preparation of the report under section 7, shall be paid out of general funds that are available and not specifically appropriated for other purposes.

Joint Antitrust Consultative Commission Act - Establishes the United States-Japan Joint Antitrust Consultative Commission to: (1) discuss and make recommendations on long-term structural differences in antitrust policy and short-term antitrust disputes; and (2) serve as an open forum to promote more coherent enforcement of antitrust law in Japan and the United States. Requires the lead representative of the American delegation to institute a comprehensive review of the activities and responsibilities of the Commission within 180 days after its second annual meeting. Sets forth provisions regarding compensation and payment of expenses.

Joint Antitrust Consultative Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) From 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites where power could be produced at low cost. (2) The Corps of Engineers listed a number of sites, including the site where the Grand Coulee Dam is now located, with recommendations that the power development be performed by local governmental authorities or private utilities under the Federal Power Act. (3) Under section 10(e) of the Federal Power Act, licensees must pay Indian tribes for the use of reservation lands. (4) The Columbia Basin Commission, an agency of the State of Washington, applied for, and in August 1933 received, a preliminary permit from the Federal Power Commission for water power development of the Grand Coulee Site. (5) In the mid-1930's, the Federal Government, which is not subject to the Federal Power Act, federalized the Grand Coulee Dam project and began construction of the Grand Coulee Dam. (6) At the time the Grand Coulee Dam project was federalized, the Federal Government knew and recognized that the Spokane Tribe and the Confederated Tribes of the Colville Reservation had compensable interests in the Grand Coulee Dam project, including but not limited to development of hydropower, extinguishment of a salmon fishery upon which the Spokane Tribe was almost totally dependent, and inundation of lands with loss of potential power sites previously identified by the Spokane Tribe. (7) In an Act dated June 29, 1940 (54 Stat. 703; 16 U.S.C. 835d), Congress enacted legislation to grant to the United States all the rights of the Indians in lands of the Spokane Tribe and Colville Indian Reservations required for the Grand Coulee Dam project and various rights-of-way over Indian lands required in connection with the project. The Act provided that compensation for the lands and rights-of-way required shall be determined by the Secretary of the Interior in such amounts as such Secretary determines just and equitable. (8) In furtherance of the Act of June 29, 1940, the Secretary of the Interior paid to the Spokane Tribe the total sum of $4,700. The Confederated Tribes of the Colville Reservation received a payment of $63,000. (9) In 1994, following 43 years of litigation before the Indian Claims Commission, the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit, Congress ratified an agreement between the Confederated Tribes of the Colville Reservation and the United States that provided for past damages and annual payments of $15,250,000 in perpetuity, adjusted annually, based on revenues for the sale of electric power and transmission of such power by the Bonneville Power Administration. (10) In legal opinions issued throughout the years by the Department of the Interior Solicitor's Office, a Task Force Study conducted from 1976 to 1980 ordered by the Senate Appropriations Committee, and in hearings before the Congress when the Confederated Tribes Act was enacted, it has repeatedly been recognized that the Spokane Tribe suffered similar damages and had a case legally comparable with that of the Confederated Tribes of the Colville Reservation with the sole exception that the 5-year statute of limitations provided in the Indian Claims Commission Act of 1946 prevented the Spokane Tribe from bringing its own action for fair and honorable dealings as provided in that Act. (11) The failure of the Spokane Tribe to bring an action of its own before the Indian Claims Commission can be attributed to a combination of factors, including the failure of the Bureau of Indian Affairs to carry out its advisory responsibilities as required by the Indian Claims commission Act (Act of August 13, 1946, ch. 959, 60 Stat. 1050), and an effort of the Commissioner of Indian Affairs to impose improper requirements on claims attorneys retained by Indian tribes which caused delays in retention of counsel and full investigation of the Spokane Tribe's potential claims. (12) As a consequence of construction of the Grand Coulee Dam project, the Spokane Tribe has suffered the complete loss of the salmon fishery upon which it was dependent, the loss of identified hydropower sites it could have developed, the loss of hydropower revenues it would have received under the Federal Power Act had the project not been federalized, and it continues to lose hydropower revenues which the Federal Government recognized the Spokane Tribe was due at the time the project was constructed. (13) Over 39 percent of the Indian-owned lands used for the Grand Coulee Dam project were Spokane Tribe lands. SEC. 3. STATEMENT OF PURPOSE. The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe on a basis that is proportionate to the compensation provided to the Confederated Tribes of the Colville Reservation for the damages and losses suffered as a consequence of construction and operation of the Grand Coulee Dam project. SEC. 4. SETTLEMENT FUND ACCOUNT. (a) Establishment of Account.--There is hereby established in the Treasury an interest bearing account to be known as the ``Spokane Tribe of Indians Settlement Fund Account''. (b) Deposit of Amounts.-- (1) Initial deposit.--Upon enactment of this Act and appropriation of funds, the Secretary of the Treasury shall deposit into the Fund Account a sum equal to 39.4 percent of the sum paid to the Confederated Tribes of the Colville Reservation in a lump sum pursuant to section 5(a) of the Confederated Tribes Act, adjusted by the consumer price index from the date of that payment to the Confederated Tribes until the date of enactment of this Act, as payment and satisfaction of the Spokane Tribe's claim for use of its lands for generation of hydropower for the period from 1940 through November 2, 1994, the date of the enactment of the Confederated Tribes Act. (2) Subsequent deposits.--Commencing on September 30 of the first fiscal year following enactment of this Act and on September 30 of each of the 5 fiscal years following such fiscal year, the Administrator of the Bonneville Power Administration shall pay into the Fund Account a sum equal to 20 percent of 39.4 percent of the sum authorized to be paid to the Confederated Tribes of the Colville Reservation pursuant to section 5(b) of the Confederated Tribes Act through the end of the fiscal year during which this Act is enacted, adjusted by the consumer price index to maintain the purchasing power the Spokane Tribe would have had if annual payments had been made to the Spokane Tribe on the date annual payments commenced and were subsequently made to the Confederated Tribes of the Colville Reservation pursuant to section 5(b) of the Confederated Tribes Act. (c) Annual Payments.--On September 1 of the fiscal year following the enactment of this Act and of each fiscal year thereafter, payments shall be made by the Bonneville Power Administration, or any successor thereto, directly to the Spokane Tribe in an amount which is equal to 39.4 percent of the annual payment authorized to be paid to the Confederated Tribes of the Colville Reservation in the operative and each subsequent fiscal year pursuant to section 5(b) of the Confederated Tribes Act. SEC. 5. USE AND TREATMENT OF SETTLEMENT FUNDS. (a) Transfer of Funds to Tribe.--The Secretary of the Treasury shall transfer all or any portion of the settlement funds described in section 4(a) to the Spokane Business Council not later than 60 days after such Secretary receives written notice of the adoption by the Spokane Business Council of a resolution requesting that such Secretary execute the transfer of such funds. Subsequent requests may be made and funds transferred if not all of the funds are requested at one time. (b) Use of Initial Payment Funds.-- (1) General discretionary funds.--Twenty-five percent of the settlement funds described in section 4(a) and (b) shall be reserved by the Business Council and used for discretionary purposes of general benefit to all members of the Spokane Tribe. (2) Funds for specific purposes.--Seventy-five percent of the settlement funds described in section 4(a) and (b) shall be used for the following: (A) Resource development program. (B) Credit program. (C) Scholarship program. (D) Reserve, investment, and economic development programs. (c) Use of Annual Payment Funds.--Annual payments made to the Spokane Tribe pursuant to section 4(c) may be used or invested by the Spokane Tribe in the same manner as other tribal governmental funds. (d) Approval of Secretary Not Required.--Notwithstanding any other provision of law, the approval of the Secretary of the Treasury or the Secretary of the Interior for any payment, distribution, or use of the principal, interest, or income generated by any settlement funds transferred or paid to the Spokane Tribe pursuant to this Act shall not be required and such Secretaries shall have no trust responsibility for the investment, supervision, administration, or expenditure of such funds once such funds are transferred to or paid directly to the Spokane Tribe. (e) Treatment of Funds for Certain Purposes.--The payments or distributions of any portion of the principal, interest, and income generated by the settlement funds described in section 4 shall be treated in the same manner as payments or distributions from the Investment Fund described in section 6 of Public Law 99-346 (100 Stat. 677). (f) Tribal Audit.--The settlement funds described in section 4, once transferred or paid to the Spokane Tribe, shall be considered Spokane Tribe governmental funds and, as other tribal governmental funds, be subject to an annual tribal governmental audit. SEC. 6. REPAYMENT CREDIT. Beginning in the fiscal year following enactment of this Act and continuing for so long as annual payments are made under this Act, the Administrator of the Bonneville Power Administration shall deduct from the interest payable to the Secretary of the Treasury from net proceeds as defined in section 13 of the Federal Columbia River Transmission System Act, a percentage of the payment made to the Spokane Tribe for the prior fiscal year. The actual percentage of such deduction shall be calculated and adjusted to ensure that the Bonneville Power Administration receives a deduction comparable to that which it receives for payments made to the Confederated Tribes of the Colville Reservation pursuant to the Confederated Tribes Act. Each deduction made under this section shall be credited to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made, and shall be allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during that fiscal year; except that, if the deduction in any fiscal year is greater than the interest due on debt associated with the generation function for the fiscal year, then the amount of the deduction that exceeds the interest due on debt associated with the general function shall be allocated pro rata to all other interest payments due during that fiscal year. To the extent that the deduction exceeds the total amount of any such interest, the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. SEC. 7. SATISFACTION OF CLAIMS. Payment under section 4 shall constitute full payment and satisfaction of the Spokane Tribe's claim to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project from 1940 through the fiscal year prior to the fiscal year during which this Act is enacted and represents the Spokane Tribe's proportional entitlement of hydropower revenues based on the lump sum payment for damages from 1940 through 1994 and the annual payments by the Bonneville Power Administration to the Colville Tribes commencing in fiscal year 1995 through the fiscal year that this Act is enacted. SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``Confederated Tribes Act'' means the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (P.L. 103-436; 108 Stat. 4577); (2) the term ``Fund Account'' means the Spokane Tribe of Indians Settlement Fund Account established under section 4(a); and (3) the term ``Spokane Tribe'' means the Spokane Tribe of Indians of the Spokane Reservation. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.

Directs the Secretary of the Treasury (Secretary) to deposit into the Account a sum equal to 39.4 percent of the lump sum paid to the Confederated Tribes of the Colville Reservation, pursuant to the Confederated Tribes Act, adjusted for inflation, as payment and satisfaction of the Spokane Tribe's claim for use of its lands for generation of hydropower from 1940 through November 2, 1994, the enactment date of such Act. Requires the Administrator of the Bonneville Power Administration, on September 30 of the next six fiscal years, to pay into the Fund deposits equal to 20 percent of 39.4 of the sum authorized to be paid to the Confederated Tribes through the end of the fiscal year during which this Act is enacted, adjusted for inflation, to maintain the purchasing power the Spokane Tribe would have had if annual payments had been made to it on the date annual payments commenced and were subsequently made to the Confederated Tribes under such Act. Requires, on September 1 of each fiscal year, annual payments to be made by the Power Administration directly to the Spokane Tribe in an amount that is equal to 39.4 percent of the annual payment authorized to be paid to the Confederated Tribes under such Act. Requires the Secretary to transfer settlement funds to the Spokane Business Council within 60 days after receiving written notice of adoption of a resolution by the Council requesting the transfer. Requires that: (1) 25 percent of such funds be reserved by the Council and used for general discretionary purposes of general benefit to all members of the Spokane Tribe; and (2) 75 percent of such funds be used for the resource development program, credit program, scholarship program, and reserve, investment, and economic development programs. Declares that the approval of the Secretary or the Secretary of the Interior for any payment, distribution, or use of the funds transferred or paid to the Spokane Tribe shall not be required and such Secretaries shall have no trust responsibility for the investment, supervision, administration, or expenditure of such funds. Requires that: (1) the Administrator deduct from the interest payable to the Secretary from net proceeds (as defined in the Federal Columbia River Transmission system Act) each year a specified percentage of the payment made to the Tribe for the prior fiscal year; and (2) each deduction be credited to the interest payments otherwise payable by the Administrator to the Secretary during the fiscal year and allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during that fiscal year. Provides that payments made under this Act shall constitute full payment and satisfaction of the Spokane Tribe's claim to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project from 1940 through the fiscal year prior to the fiscal year during which this Act is enacted and represents the Tribe's proportional entitlement of hydropower revenues based on the lump sum payment for damages from 1940 through 1994 and the annual payments by the Power Administration to the Confederated Tribes. Authorizes appropriations.

Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Independence Act of 2001''. SEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN. (a) Strategic Plan.--The Secretary of Energy shall develop, and transmit to the Congress within 1 year after the date of the enactment of this Act, a strategic plan to ensure that the United States is energy self-sufficient by the year 2011. The plan shall include recommendations for legislative and regulatory actions needed to accomplish that goal. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $20,000,000 for carrying out this section. SEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM. (a) Program.--The Secretary of Energy shall establish a program for the acquisition of-- (1) up to 100 commercially available 200 kilowatt fuel cell power plants; (2) up to 20 megawatts of power generated from commercially available fuel cell power plants; or (3) a combination thereof, for use at federally owned or operated facilities. The Secretary shall provide funding for purchase, site engineering, installation, startup, training, operation, and maintenance costs associated with the acquisition of such power plants, along with any other necessary assistance. (b) Domestic Assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under subsection (a) shall be assembled in the United States. (c) Site Selection.--In the selection of federally owned or operated facilities as a site for the location of power plants acquired under this section, or as a site to receive power acquired under this section, priority shall be given to sites with 1 or more of the following attributes: (1) Location (of the Federal facility or the generating power plant) in an area classified as a nonattainment area under title I of the Clean Air Act. (2) Computer or electronic operations that are sensitive to power supply disruptions. (3) Need for a reliable, uninterrupted power supply. (4) Remote location, or other factors requiring off-grid power generation. (5) Critical manufacturing or other activities that support national security efforts. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $140,000,000 for the period encompassing fiscal years 2002 through 2004 for carrying out this section. SEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS. (a) In General.-- (1) Establishment.--The President, in coordination with the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Housing and Urban Development, shall establish a program for the demonstration of fuel cell proton exchange membrane technology in the areas of responsibility of those Secretaries with respect to commercial, residential, and transportation applications, including buses. Such program shall specifically focus on promoting the application of and improved manufacturing production and processes for proton exchange membrane fuel cell technology. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $140,000,000 for the period encompassing fiscal years 2002 through 2004. (b) Bus Demonstration Program.-- (1) Establishment.--The President, in coordination with the Secretary of Energy and the Secretary of Transportation, shall establish a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Such program shall cover all aspects of the introduction of this new technology, and shall include the following components: (A) Development, installation, and operation of a hydrogen delivery system located on-site at transit bus terminals. (B) Development, installation, and operation of on- site storage associated with the hydrogen delivery systems as well as storage tank systems incorporated into the bus itself. (C) Demonstration of use of hydrogen as a practical, safe, renewable energy source in a highly efficient, zero-emission power system for buses. (D) Development of a hydrogen proton exchange membrane fuel cell power system that is confirmed and verified as being compatible with transit bus application requirements. (E) Durability testing of the fuel cell bus at a national testing facility. (F) Identification and implementation of necessary codes and standards for the safe use of hydrogen as a fuel suitable for bus application, including the fuel cell power system and related operational facilities. (G) Identification and implementation of maintenance and overhaul requirements for hydrogen proton exchange membrane fuel cell transit buses. (H) Completion of fleet vehicle evaluation program by bus operators along normal transit routes, providing equipment manufacturers and transit operators with the necessary analyses to enable operation of the hydrogen proton exchange membrane fuel cell bus under a range of operating environments. (2) Domestic assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under paragraph (1) shall be assembled in the United States. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $150,000,000 for the period encompassing fiscal years 2002 through 2004. SEC. 5. FEDERAL VEHICLES. Each agency of the Federal Government that maintains a fleet of motor vehicles shall develop a plan for a transition of the fleet to vehicles powered by fuel cell technology. Each such plan shall include implementation beginning by fiscal year 2006, to be completed by fiscal year 2011. Each plan shall incorporate and build on the results of completed and ongoing Federal demonstration programs, including the program established under section 4, and shall include additional demonstration programs and pilot programs as necessary to test or investigate available technologies and transition procedures. SEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS. Any life-cycle cost benefit analysis undertaken by a Federal agency with respect to investments in products, services, construction, and other projects shall include an analysis of environmental and power reliability factors. SEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES. (a) Grant Program.--The Secretary of Energy shall establish a program for making grants to State or local governments for the use of fuel cell technology in meeting their energy requirements, including the use as a source of power for motor vehicles. Each grant made under this section shall require at least a 10 percent matching contribution from the State or local government recipient. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $110,000,000 for each of the fiscal years 2002 through 2006 for carrying out this section.

Energy Independence Act of 2001 - Directs the Secretary of Energy to: (1) develop and transmit to Congress a strategic plan to ensure that the United States is energy self-sufficient by the year 2011; and (2) develop a program for the acquisition of certain commercially available fuel cell power plants and power generated therefrom for use at federally owned or operated facilities.Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications (including buses) within the Secretaries' respective areas of responsibility; and (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications.Requires each Federal agency that maintains a motor vehicle fleet to develop a plan for fleet transition to vehicles powered by fuel cell technology.Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source.

To ensure the energy self-sufficiency of the United States by 2011, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hardrock Mining Royalty Act of 1997''. SEC. 2. ROYALTY. (a) Reservation of Royalty.--Each person producing locatable minerals (including associated minerals) from any mining claim located under the general mining laws, or mineral concentrates derived from locatable minerals produced from any mining claim located under the general mining laws, as the case may be, shall pay a royalty of 5 percent of the net smelter return from the production of such locatable minerals or concentrates, as the case may be. (b) Royalty Payments.--Each person responsible for making royalty payments under this section shall make such payments to the Secretary not later than 30 days after the end of the calendar month in which the mineral or mineral concentrates are produced and first placed in marketable condition, consistent with prevailing practices in the industry. (c) Reporting Requirements.--All persons holding mining claims located under the general mining laws shall provide to the Secretary such information as determined necessary by the Secretary to ensure compliance with this section, including, but not limited to, quarterly reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, and amount of all minerals extracted from the mining claim. (d) Audits.--The Secretary is authorized to conduct such audits of all persons holding mining claims located under the general mining laws as he deems necessary for the purposes of ensuring compliance with the requirements of this section. (e) Disposition of Receipts.--All receipts from royalties collected pursuant to this section shall be deposited into the Fund established under section 3. (f) Compliance.--Any person holding mining claims located under the general mining laws who knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading information required by this section, or fails or refuses to submit such information, shall be subject to a civil penalty of not more than $10,000 imposed by the Secretary. (g) Effective Date.--This section shall take effect with respect to minerals produced from a mining claim in calendar months beginning after the enactment of this Act. SEC. 3. ABANDONED MINERALS MINE RECLAMATION FUND. (a) Establishment.--(1) There is established on the books of the Treasury of the United States a trust fund to be known as the Abandoned Minerals Mine Reclamation Fund (hereinafter referred to as the Fund). The Fund shall be administered by the Secretary. (2) The Secretary shall notify the Secretary of the Treasury as to what portion of the Fund is not, in his judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the Fund in public debt securities with maturities suitable for the needs of such Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturities. The income on such investments shall be credited to, and from a part of, the Fund. (b) Amounts.--The following amounts shall be credited to the Fund for the purposes of this Act: (1) All moneys received from royalties under section 1 of this Act and the mining claim maintenance fee under section 4 of this Act. (2) All donations by persons, corporations, associations, and foundations for the purposes of this title. (c) Use and Objectives of the Fund.-- The Secretary is, subject to appropriations, authorized to use moneys in the Fund for the reclamation and restoration of land and water resources adversely affected by past mineral (other than coal and fluid minerals) and mineral material mining, including but not limited to, any of the following: (1) Reclamation and restoration of abandoned surface mined areas. (2) Reclamation and restoration of abandoned milling and processing areas. (3) Sealing, filling, and grading abandoned deep mine entries. (4) Planting of land adversely affected by past mining to prevent erosion and sedimentation. (5) Prevention, abatement, treatment and control of water pollution created by abandoned mine drainage. (6) Control of surface subsidence due to abandoned deep mines. (7) Such expenses as may be necessary to accomplish the purposes of this section. (d) Eligible Areas.--(1) Land and waters eligible for reclamation expenditures under this section shall be those within the boundaries of States that have lands subject to the general mining laws-- (A) which were mined or processed for minerals and mineral materials or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to the date of enactment of this Act; (B) for which the Secretary makes a determination that there is no continuing reclamation responsibility under State or Federal laws; and (C) for which it can be established that such lands do not contain minerals which could economically be extracted through the reprocessing or remining of such lands. (2) Notwithstanding paragraph (1), sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section. (e) Fund Expenditures.--Moneys available from the Fund may be expended directly by the Director, Bureau of Land Management. The Director may also make such money available through grants made to the Chief of the United States Forest Service, and the Director of the National Park Service. (f) Authorization of Appropriations.--Amounts credited to the Fund are authorized to be appropriated for the purpose of this title without fiscal year limitation. SEC. 4. LIMITATION ON PATENT ISSUANCE. No patent shall be issued by the United States for any mining or mill site claim located under the general mining laws unless the Secretary determines that, for the claim concerned a patent application was filed with the Secretary on or before September 30, 1994, and all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36 and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. SEC. 5. MINING CLAIM MAINTENANCE REQUIREMENTS. (a) In General.--(1) Effective October 1, 1998, the holder of each mining claim located under the general mining laws prior to the date of enactment shall pay to the Secretary an annual claim maintenance fee of $100 per claim per calendar year. (2) The holder of each mining claim located under the general mining laws subsequent to the date of enactment shall pay to the Secretary an annual claim maintenance fee of $125 per claim per calendar year. (b) Purchasing Power Adjustment.--The Secretary shall adjust the amount of the claim maintenance fee payable pursuant to subsection (a) for changes in the purchasing power of the dollar after the calendar year 1993, employing the Consumer Price Index for all urban consumers published by the Department of Labor as the basis for adjustment, and rounding according to the adjustment process of conditions of the Federal Civil Penalties Inflation Adjustment Act of 1990. (c) Time of Payment.--Each claim holder shall pay the claim maintenance fee payable under subsection (a) for any year on or before August 31 of each year, except that for the initial calendar year in which the location is made, the initial claim maintenance fee shall be paid at the time the location notice is recorded with the Bureau of Land Management. (d) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy Policy Act of 1992.--The section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 242(e)(2)). (e) Claim Maintenance Fees Payable Under 1993 Act.--The claim maintenance fees payable under this section for any period with respect to any claim shall be reduced by the amount of the claim maintenance fees paid under section 10101 of the Omnibus Budget Reconciliation Act of 1993 with respect to that claim and with respect to the same period. (f) Waiver.--(1) The claim maintenance fee required under this section may be waived for a claim holder who certifies in writing to the Secretary that on the date the payment was due, the claim holder and all related parties held not more than 10 mining claims on land open to location. Such certification shall be made on or before the date on which payment is due. (2) For purposes of this subsection, with respect to any claim holder, the term ``related party'' means each of the following: (A) The spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claim holder. (B) Any affiliate of the claim holder. (g) Co-Ownership.--Upon the failure of any one or more of several co-owners to contribute such co-owner or owners portion of the fee under this section, any co-owner who has paid such fee may, after the payment due date, give the delinquent co-owner or owners notice of such failure in writing (or by publication in the newspaper nearest the claim for at least once a week for at least 90 days). If at the expiration of 90 days after such notice in writing or by publication, any delinquent co-owner fails or refused to contribute his portion, his interest, in the claim shall become the property of the co-owners who have paid the required fee. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``affiliate'' means, with respect to any person, each of the following: (A) Any partner of such person. (B) Any person owning at least 10 percent of the voting shares of such person. (C) Any person who controls, is controlled by, or is under common control with such person. (2) The term ``locatable minerals'' means minerals not subject to disposition under any of the following: (A) The Mineral Leasing Act (30 U.S.C. 181 and following); (B) The Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); (C) The Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following); or (D) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 and following). (3) The term ``net smelter return'' has the same meaning provided in section 613 of the Internal Revenue Code of 1986 (26 U.S.C. 613) for ``gross income from mining''. (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``general mining laws'' means those Acts which generally comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30, United States Code.

Hardrock Mining Royalty Act of 1997 - Requires the payment of a royalty to the Federal Government of five percent of the net smelter return from the production of locatable minerals or mineral concentrates produced from any mining claim located under the general mining laws. Establishes the Abandoned Minerals Mine Reclamation Fund, into which all such royalty receipts shall be deposited for the reclamation and restoration of land and water resources adversely affected by past minerals activities (other than coal and fluid minerals activities). Identifies the kinds of land and waters eligible for reclamation expenditures. Authorizes appropriations for the Fund. Restricts the issuance of any patents for mining or mill site claims to those for which applications were filed, certain statutory requirements governing vein or lode claims, placer claims, and mill site claims were complied with, before September 30, 1994. Sets forth annual claim maintenance fee requirements (which shall not apply to oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992).

Hardrock Mining Royalty Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early-Stage Business Investment and Incubation Act of 2010''. SEC. 2. EARLY-STAGE BUSINESS INVESTMENT AND INCUBATION GRANT PROGRAM. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall establish an early-stage business investment and incubation grant program (in this section referred to as the ``program'') to support the development of early-stage businesses in targeted industries. (b) Grant Authority.-- (1) In general.--In carrying out the program, the Secretary is authorized to make grants to covered business incubators. (2) Grant amounts.-- (A) Non-federal capital limitation.--A grant made to a covered business incubator under the program may not be in an amount that exceeds the amount of the incubator's capital that-- (i) is not from a Federal source; and (ii) is available for investment and incubation services on or before the date on which a grant is drawn upon. (B) Aggregate amount limitation.--The aggregate amount of all grants made to a covered business incubator under the program may not exceed $5,000,000. (c) Grant Award Process.--In making a grant under the program, the Secretary shall commit a grant amount to a covered business incubator and the amount of each such commitment shall remain available to be drawn upon by such incubator during the 5-year period beginning on the date on which each such commitment is first drawn upon. (d) Use of Grant.-- (1) In general.--A grant made under the program may be used by a covered business incubator for the following: (A) Making an investment in an early-stage business in a targeted industry. (B) Providing training, counseling, and other assistance to an early-stage business in a targeted industry to support the development of the business. (C) Providing purchased services to an early-stage business in a targeted industry. (D) Conducting due diligence activities. (E) Meeting operational expenses. (2) Limitations.-- (A) Purchased services.--Not more than 20 percent of the amount of a grant made to a covered business incubator under the program may be used by the incubator to provide purchased services to an early- stage business in a targeted industry. (B) Due diligence activities.--Not more than 6 percent of the amount of a grant made to a covered business incubator under the program may be used by the incubator to conduct due diligence activities. (C) Operational expenses.--Not more than 5 percent of the amount of a grant made to a covered business incubator under the program may be used by the incubator to meet operational expenses. (3) Designation of grant uses.--In the application of a covered business incubator for a grant under the program, the incubator shall notify the Secretary of the percentage of the grant amount that will be used for each of the activities described in subparagraphs (A) through (E) of paragraph (1) and provide a detailed description of the activities to be undertaken. (e) Grant Conditions.-- (1) Fund manager.--As a condition of receiving a grant under the program, a covered business incubator shall designate an individual as the fund manager for the grant amount, who shall administer and be responsible to the Secretary for information with respect to the grant amounts received. (2) Investment committee.--As a condition of receiving a grant under the program, a covered business incubator shall establish an investment committee composed of not less than 5 individuals (3 of whom may not be employed by or related to the incubator or an affiliate of the incubator) that shall-- (A) review proposals for and advise the incubator on the use of grant funds; (B) provide letters of support and reference to the Secretary with respect to proposals for the use of grant funds by the incubator; and (C) submit periodic reports to the Secretary on the results of activities carried out with grant funds. (3) Collaborator.--As a condition of receiving a grant under the program, a covered business incubator shall assign to each early-stage business in a targeted industry that is assisted with grant amounts a collaborator who shall be an individual not employed by or related to the incubator or an affiliate of the incubator and who shall assist the incubator in providing support to the business. (f) Federal Share of Activities.--The Federal share of the cost of an activity carried out by a covered business incubator with the assistance of a grant under the program shall not exceed 75 percent of such cost. (g) Monitoring and Evaluation.-- (1) In general.--The Secretary shall assess the effectiveness of covered business incubators that receive a grant under the program. (2) Data from incubators.--Not later than 120 days after the date of receiving a grant under the program, a covered business incubator shall provide to the Secretary information on the activities of the incubator and on the businesses assisted under the grant, including-- (A) the number of jobs created by the businesses; (B) the amount of taxes paid by the businesses and the employees of the businesses; and (C) other data that, as determined by the Secretary, may be used to measure the value of assistance under the program. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out the program-- (A) $250,000,000 for the first full fiscal year beginning after the date of enactment of this Act; and (B) such sums as may be necessary for subsequent fiscal years. (2) Prohibition on earmarks.--None of the funds appropriated for the program may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives. (i) Definitions.--In this Act, the following definitions apply: (1) Covered business incubator.--The term ``covered business incubator'' means a public or private not-for-profit organization, including an academic institution, that-- (A) operates a program providing assistance to early-stage business in targeted industries to support the development of those businesses; (B) has a physical location and on-site management for the program described under subparagraph (A); and (C) has procedures for selecting businesses for and graduating businesses from the program described under subparagraph (A). (2) Due diligence activities.--The term ``due diligence activities'' means activities undertaken to analyze and assess the desirability, value, and potential of an opportunity to provide assistance to an early-stage business in a targeted industry. (3) Early-stage business in a targeted industry.--The term ``early-stage business in a targeted industry'' means a small business concern that-- (A) is domiciled in a State; (B) has not generated gross annual revenues exceeding $15,000,000 in any of the previous 3 years; and (C) is engaged primarily in researching, developing, manufacturing, producing, or bringing to market goods or services with respect to any of the following business sectors: (i) Agricultural technology. (ii) Energy technology. (iii) Environmental technology. (iv) Life science technology. (v) Biotechnology. (vi) Information technology. (vii) Digital media. (viii) Clean technology. (ix) Defense technology. (x) Photonics technology. (xi) Electronic technology. (xii) Semiconductor technology. (xiii) Material science technology. (xiv) Aerospace. (xv) Communications. (xvi) Transportation. (4) Operational expenses.--The term ``operational expenses'' means the costs of operating an incubator, including overhead and management expenses. (5) Purchased services.--The term ``purchased services'' means any training, counseling, or other assistance provided to an early-stage business in a targeted industry that is provided by a covered business incubator through an agreement with another entity, and not by the incubator directly. (6) Secretary.--The terms ``Secretary'' and ``Secretary of Commerce'' mean the Secretary of Commerce acting through the Assistant Secretary of Commerce for Economic Development. (7) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

Early-Stage Business Investment and Incubation Act of 2010 - Directs the Secretary of Commerce to establish an early-stage business investment and incubation grant program (program) to support the development of early-stage businesses engaged primarily in the research, development, manufacturing, production, or marketing of specified technologies, aerospace, communications, or transportation. Limits individual grants to $5 million. Requires each grant recipient under the program to: (1) designate an individual as the grant fund manager; (2) establish a grant investment committee; and (3) assign to each assisted business a grant collaborator. Directs the Secretary to monitor and evaluate program effectiveness.

To direct the Secretary of Commerce to establish an early-stage business investment and incubation grant program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women's Suffrage Centennial Commission Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment of Women's Suffrage Centennial Commission. Sec. 4. Duties of Centennial Commission. Sec. 5. Powers of Centennial Commission. Sec. 6. Centennial Commission personnel matters. Sec. 7. Termination of Centennial Commission. Sec. 8. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) From 1919 to 1920, the Sixty-Sixth United States Congress debated, and State legislatures considered, an amendment to the Constitution of the United States to provide suffrage for women. (2) A proposed women's suffrage amendment was first introduced in the United States Senate in 1878 and was brought to a vote, unsuccessfully, in 1887, 1914, 1918, and 1919. Finally, on May 21, 1919, the House of Representatives approved a proposed amendment, followed by the Senate a few weeks later on June 4. Within days, the legislatures of Wisconsin, Illinois, and Michigan had voted to ratify the amendment. (3) On August 18, 1920, Tennessee became the 36th State to ratify the amendment, providing the support of three-fourths of States necessary under article V of the Constitution of the United States. (4) The introduction, passage, and ultimate ratification of the 19th Amendment to the Constitution of the United States were the culmination of decades of work and struggle by advocates for the rights of women across the United States and worldwide. (5) Ratification of the 19th Amendment ensured women could more fully participate in their democracy and fundamentally changed the role of women in the civic life of our Nation. (6) The centennial offers an opportunity for people in the United States to learn about and commemorate the efforts of the women's suffrage movement and the role of women in our democracy. (7) Commemorative programs, activities, and sites allow people in the United States to learn about the women's suffrage movement and to commemorate and honor the role of the ratification of the 19th Amendment in further fulfilling the promise of the Constitution of the United States and promoting the core values of our democracy. SEC. 3. ESTABLISHMENT OF WOMEN'S SUFFRAGE CENTENNIAL COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Women's Suffrage Centennial Commission'' (referred to in this Act as the ``Centennial Commission''). (b) Membership.-- (1) The Centennial Commission shall be composed of 14 members, of whom-- (A) 2 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; (E) 2 shall be appointed by the minority leader of the Senate; (F) 1 shall be the Librarian of Congress, or the designee of the Librarian; (G) 1 shall be the Archivist of the United States, or the designee of the Archivist; (H) 1 shall be the Secretary of the Smithsonian Institution, or the designee of the Secretary; and (I) 1 shall be the Director of the National Park Service, or the designee of the Director. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include Federal, State, or local employees, former Members of Congress, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic, professional, and cultural backgrounds. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of enactment of this Act. (4) Vacancies.--A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (c) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Centennial Commission have been appointed, the Centennial Commission shall hold its first meeting. (2) Subsequent meetings.-- (A) In general.--The Centennial Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Centennial Commission not less frequently than once every 6 months. (3) Quorum.--Seven members of the Centennial Commission shall constitute a quorum, but a lesser number may hold hearings. (4) Chair and vice chair.--The Centennial Commission shall select a Chair and Vice Chair from among its members. SEC. 4. DUTIES OF CENTENNIAL COMMISSION. (a) In General.--The duties of the Centennial Commission are as follows: (1) To encourage, plan, develop, and execute programs, projects, and activities to commemorate the centennial of the passage and ratification of the 19th Amendment. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of the passage and ratification of the 19th Amendment. (3) To facilitate and coordinate activities throughout the United States relating to the centennial of the passage and ratification of the 19th Amendment. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of the passage and ratification of the 19th Amendment. (5) To develop recommendations for Congress and the President for commemorating the centennial of the passage and ratification of the 19th Amendment. (b) Consultation.--In conducting its work, the Centennial Commission shall consult the Historian of the Senate and the Historian of the House of Representatives when appropriate. (c) Reports.-- (1) Periodic report.--Not later than the last day of the 6- month period beginning on the date of the enactment of this Act, and not later than the last day of each 3-month period thereafter, the Centennial Commission shall submit to Congress and the President a report on the activities and plans of the Centennial Commission. (2) Recommendations.--Not later than 2 years after the date of the enactment of this Act, the Centennial Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of the passage and ratification of the 19th Amendment and coordinating related activities. SEC. 5. POWERS OF CENTENNIAL COMMISSION. (a) Hearings.--The Centennial Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Centennial Commission considers appropriate to carry out its duties under this Act. (b) Powers of Member and Agents.--If authorized by the Centennial Commission, any member or agent of the Centennial Commission may take any action which the Centennial Commission is authorized to take under this Act. (c) Information From Federal Agencies.--The Centennial Commission shall secure directly from any Federal department or agency such information as the Centennial Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Centennial Commission, the head of such department or agency shall furnish such information to the Centennial Commission. (d) Administrative Support Services.--Upon the request of the Centennial Commission, the Administrator of the General Services Administration shall provide to the Centennial Commission, on a reimbursable basis, the administrative support services necessary for the Centennial Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Centennial Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Centennial Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Centennial Commission under section 7(a). (f) Postal Services.--The Centennial 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. (g) Gifts, Bequests, and Devises.--The Centennial Commission is authorized to solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of covering the costs incurred by the Centennial Commission to carry out its duties under this Act. (h) Grants.--The Centennial Commission is authorized to award grants to States and the District of Columbia to support programs and activities related to commemorating the centennial of the passage and ratification of the 19th Amendment. SEC. 6. CENTENNIAL COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Centennial Commission shall serve without compensation for such service. (b) Travel Expenses.--Each member of the Centennial Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. (c) Staff.-- (1) In general.--The Chair of the Centennial Commission shall, in consultation with the members of the Centennial Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Centennial Commission to perform its duties. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Chair of the Centennial Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1). (B) Limitation.--The Chair of the Centennial Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Detail of Government Employees.--Upon request of the Centennial Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Centennial Commission to assist it in carrying out its duties under this Act. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Centennial Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (f) Acceptance of Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the Centennial Commission may accept and use voluntary and uncompensated services as the Centennial Commission deems necessary. SEC. 7. TERMINATION OF CENTENNIAL COMMISSION. (a) In General.--The Centennial Commission shall terminate on the earlier of-- (1) the date that is 30 days after the date the completion of the activities under this Act honoring the centennial observation of the passage and ratification of the 19th Amendment; or (2) April 15, 2021. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Centennial Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act (5 U.S.C. App.) shall not apply to the Centennial Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for the period of fiscal years 2017 through 2021. (b) Amounts Available.--Amounts appropriated in accordance with this section for any fiscal year shall remain available until the termination of the Centennial Commission.

Women's Suffrage Centennial Commission Act This bill establishes a Women's Suffrage Centennial Commission to develop and execute programs and activities to commemorate the centennial of the passage and ratification of the Nineteenth Amendment, which prohibits the federal government and states from denying U.S. citizens the right to vote on account of sex.

Women’s Suffrage Centennial Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Tribute to Constance Baker Motley Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the country. (4) Constance Baker Motley was the only female attorney on the legal team that won the landmark desegregation case, Brown v. Board of Education. (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one, including the case brought on behalf of James Meredith challenging the University of Mississippi's refusal to admit him. (6) Constance Baker Motley's only loss before the United States Supreme Court was in Swain v. Alabama, a case in which the Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky on grounds that had been largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Johnson as a United States District Court Judge for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her husband Joel Wilson Motley Jr., their son, Joel Motley III, her 3 grandchildren, her brother, Edmund Baker of Florida, and her sisters Edna Carnegie, Eunice Royster, and Marian Green, of New Haven, Connecticut. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President Pro Tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. (a) National Medal.--The medal struck under this Act is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There are authorized to be charged against the United States Mint Public Enterprise Fund, such sums as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Congressional Tribute to Constance Baker Motley Act of 2006 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States.

A bill to posthumously award a congressional gold medal to Constance Baker Motley.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Incentives for Charitable Giving Act of 1999''. SEC. 2. CHARITABLE CONTRIBUTIONS TO CERTAIN LOW INCOME SCHOOLS MAY BE MADE IN NEXT TAXABLE YEAR. (a) In General.--Section 170(f) of the Internal Revenue Code of 1986 (relating to disallowance of deduction in certain cases and special rules) is amended by adding at the end the following new paragraph: ``(10) Time when certain contributions deemed made.-- ``(A) In general.--At the election of the taxpayer, a qualified low-income school contribution shall be deemed to be made on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). The election may be made at the time of the filing of the return for such table year, and shall be made and substantiated in such manner as the Secretary shall by regulations prescribe. ``(B) Qualified low-income school contribution.-- For purposes of subparagraph (A), the term `qualified low-income school contribution' means a charitable contribution to an educational organization described in subsection (b)(1)(A)(ii)-- ``(i) which is a public, private, or sectarian school which provides elementary or secondary education (through grade 12), as determined under State law, and ``(ii) with respect to which at least 50 percent of the students attending such school are eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. DEDUCTION FOR PORTION OF CHARITABLE CONTRIBUTIONS TO BE ALLOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS. (a) In General.--Section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Deduction for Individuals Not Itemizing Deductions.--In the case of an individual who does not itemize his deductions for the taxable year, there shall be taken into account as a direct charitable deduction under section 63 an amount equal to the lesser of-- ``(1) the amount allowable as a deduction under subsection (a) for the taxable year, or ``(2) $50 ($100 in the case of a joint return).''. (b) Direct Charitable Deduction.-- (1) In general.--Subsection (b) of section 63 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the direct charitable deduction.''. (2) Definition.--Section 63 of such Code is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Direct Charitable Deduction.--For purposes of this section, the term `direct charitable deduction' means that portion of the amount allowable under section 170(a) which is taken as a direct charitable deduction for the taxable year under section 170(m).''. (3) Conforming amendment.--Subsection (d) of section 63 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the direct charitable deduction.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 4. INCREASE IN LIMIT ON CHARITABLE CONTRIBUTIONS AS PERCENTAGE OF AGI. (a) In General.-- (1) Individual limit.--Section 170(b)(1) of the Internal Revenue Code of 1986 (relating to percentage limitations) is amended-- (A) by striking ``50 percent'' in subparagraph (A) and inserting ``the 75 percent'', and (B) by striking ``30 percent'' each place it appears in subparagraph (C) and inserting ``50 percent''. (2) Corporate limit.--Section 170(b)(2) of such Code is amended by striking ``10 percent'' and inserting ``20 percent''. (b) Conforming Amendments.--Section 170(d)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' each place it appears and inserting ``75 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 5. LIMITED EXCEPTION TO EXCESS BUSINESS HOLDINGS RULE. (a) In General.--Section 4943(c)(2) of the Internal Revenue Code of 1986 (relating to permitted holdings in a corporation) is amended by adding at the end the following new subparagraph: ``(D) Rule where voting stock is publicly traded.-- ``(i) In general.--If-- ``(I) the private foundation and all disqualified persons together do not own more than the 49 percent of the voting stock and not more than the 49 percent in value of all outstanding shares of all classes of stock of an incorporated business enterprise, ``(II) the voting stock owned by the private foundation and all disqualified persons together is stock for which market quotations are readily available on an established securities market, and ``(III) the requirements of clause (ii) are met, then subparagraph (A) shall be applied by substituting `49 percent' for `20 percent'. ``(ii) Requirements to be met.--The requirements of this clause are met during any taxable year-- ``(I) in which disqualified persons with respect to the private foundation do not receive compensation (as an employee or otherwise) from the corporation or engage in any act with such corporation which would constitute self-dealing within the meaning of section 4941(d) if such corporation were a private foundation and if each such disqualified person were a disqualified person with respect to such corporation, ``(II) in which disqualified persons with respect to such private foundation do not own in the aggregate more than 2 percent of the voting stock and not more than 2 percent in value of all outstanding shares of all classes of stock in such corporation, and ``(III) for which there is submitted with the annual return of the private foundation for such year (filed within the time prescribed by law, including extensions, for filing such return) a certification which is signed by all the members of an audit committee of the Board of Directors of such corporation consisting of a majority of persons who are not disqualified persons with respect to such private foundation and which certifies that such members, after due inquiry, are not aware that any disqualified person has received compensation from such corporation or has engaged in any act with such corporation that would constitute self- dealing within the meaning of section 4941(d) if such corporation were a private foundation and if each such disqualified person were a disqualified person with respect to such corporation. For purposes of this clause, the fact that a disqualified person has received compensation from such corporation or has engaged in any act with such corporation which would constitute self-dealing within the meaning of section 4941(d) shall be disregarded if such receipt or act is corrected not later than the due date (not including extensions thereof) for the filing of the private foundation's annual return for the year in which the receipt or act occurs and on the terms that would be necessary to correct such receipt or act and thereby avoid imposition of tax under section 4941(b).''. (b) Effective Date.--The amendment made by this section shall apply to foundations established by bequest of decedents dying after December 31, 1999.

Permits non-itemizers to deduct a portion of their charitable contributions. Increases the percentage limitations applicable to individual and corporate charitable contributions. Sets forth a limited exception to the excess business holdings rule.

Enhanced Incentives for Charitable Giving Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Immigrants Safe Harbor Act of 2001''. SEC. 2. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF ALIENS SUFFERING FROM DOMESTIC ABUSE. (a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following: ``(L) Battered aliens.--With respect to eligibility for benefits for a specified Federal program (as defined in paragraph (3)), paragraph (1) shall not apply to an alien who-- ``(i) is described in section 431(c), ``(ii) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B), or ``(iii) is described in section 431(b)(8).''. (b) Exemption From TANF, Medicaid, and SSBG Ban.--Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding after subparagraph (F) the following new subparagraph: ``(G) Battered aliens.--An alien who-- ``(i) is described in section 431(c), ``(ii) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B), or ``(iii) is described in section 431(b)(8).''. (c) Exemption From 5-Year Ban for Federal Means-Tested Public Benefits.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following: ``(3) Battered aliens.--An alien who-- ``(i) is described in section 431(c), ``(ii) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B), ``(iii) is described in section 431(b)(8).''. (d) Expansion of Definition of Battered Aliens.-- (1) In general.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended-- (A) in paragraphs (1)(A), (2)(A), and (3)(A) by inserting `` or the benefits to be provided would alleviate the harm from such battery or cruelty or would enable the alien to avoid such battery or cruelty in the future'' before the semicolon; and (B) in the matter following paragraph (3), by inserting `` and for determining whether the benefits to be provided under a specific Federal, State, or local program would alleviate the harm from such battery or extreme cruelty or would enable the alien to avoid such battery or extreme cruelty in the future'' before the period. (2) Conforming amendment regarding sponsor deeming.-- Section 421(f)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is amended-- (A) in subparagraph (A), by inserting ``or would alleviate the harm from such battery or cruelty, or would enable the alien to avoid such battery or cruelty in the future'' before the semicolon; and (B) in subparagraph (B), by inserting ``or would alleviate the harm from such battery or cruelty, or would enable the alien to avoid such battery or cruelty in the future'' before the period. (e) Status as Qualified Alien for Nonimmigrant ``U'' Visa Holders.--Section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended-- (A) by striking `or'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ``, or''; and (C) by adding at the end the following new paragraph: ``(8) status as a nonimmigrant under section 101(a)(15)(U) of the Immigration and Nationality Act.''. (f) Conforming Definition of ``Family'' Used in Laws Granting Federal Public Benefit Access for Battered Aliens to State Family Law.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended-- (1) in paragraph (1)(A), by striking ``by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty,'' and inserting ``by a spouse, parent, son, or daughter, or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian country where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parents received a protection order, or by any individual against whom the alien could obtain a protection order,''; and (2) in paragraph (2)(A), by striking ``by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty,'' and inserting ``by a spouse, parent, son, or daughter of the alien (without the active participation of alien in the battery or cruelty) or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian county where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parent received a protection order, or by any individual against whom the alien could obtain a protection order,''. (g) Treatment of Family-Sponsored Battered Aliens Under the Public Charge Provisions of Section 212 of the INA.--Section 212(a)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(A)) is amended-- (1) by inserting ``(i)'' before ``Any alien''; (2) by adding at the end the following: ``(ii) The provisions of this paragraph shall not apply to an alien who is-- ``(I) described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, ``(II) described in section 431(b) of such Act and also is described in section 431(c) of such Act, other than paragraphs (1)(B), (2)(B), and (3)(B), or ``(III) described in section 431(b)(8) of such Act.''; and (3) by indenting clause (i) (as designated by paragraph (1) of this subsection) and aligning such clause (i) with clause (ii) of such subparagraph (as added by paragraph (2) of this subsection). (h) Benefits Provided to Battered Aliens Not Subject to Reimbursement.--Section 423(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by adding after paragraph (11) the following: ``(12) Benefits provided to an alien who-- ``(i) is described in section 431(c), ``(ii) is described in section 431(b) and also is described in section 431(c), other than paragraphs (1)(B), (2)(B), and (3)(B), or ``(iii) is described in section 431(b)(8).''. (i) Effective Date.--The amendments made by this section apply to public benefits provided on or after the date of enactment of this Act.

Women Immigrants Safe Harbor Act of 2001 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to exempt battered aliens from the ban on receiving benefits under specified Federal programs, such as Medicaid and Supplemental Security Income (SSI) (titles XIX and XVI of the Social Security Act (SSA)) and other Federal assistance.Amends: (1) PRWORA concerning the status as qualified alien for nonimmigrant "U" visa holders; and (2) the Immigration and Nationality Act concerning treatment of family-sponsored battered aliens under the public charge provisions of such Act.Provides that benefits provided to battered aliens are not subject to reimbursement under PRWORA.

To amend title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide for the eligibility of certain aliens suffering from domestic abuse for SSI, food stamps, TANF, Medicaid, SSBG, and certain other public benefit programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Credit Repair Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States housing bubble effectively burst towards the end of 2005, when default rates on subprime and adjustable rate mortgages increased dramatically. (2) Mortgages with negative amelioration or any other lending mechanism for which the loan payment on principal for any period is less than the interest charged over that period for some substantial period of time have high default and foreclosure rates. (3) Mortgages in which there are incidences of fraud or lender misconduct have high foreclosure rates, including those in which-- (A) a mortgage was obtained despite the lender fraudulently encouraging or requiring the borrower to falsify or omit information which was then used to call back the loan and leading to foreclosure; (B) a mortgage was obtained despite the failure by the lender to give the borrower proper documentation, including Good Faith Requirements and Truth-in-Lending Disclosures; (C) a mortgage was obtained despite occasions where the borrower was given incomplete forms to sign, with the required information added by the lender after the borrower's signature was obtained; and (D) a mortgage was obtained despite having terms which was substantially or wholly different at closing than what was previously agreed to. (4) Standard, qualifying front-end debt ratios, that is the monthly cost of a mortgage principal, interest, taxes, and insurance (PITI) against the gross monthly income of the borrower have historically been approximately 28%, increasing for those with stellar credit histories. (5) However, many foreclosures and mortgage-related bankruptcies involve borrowers who were given mortgages with flat or adjustable rates that caused front-end ratios well over 36% in many cases. (6) The effects of foreclosure or a resulting bankruptcy can have a negative impact on an individual's credit history for up to 7 years (10 years for bankruptcy) for purchases under $150,000 with related effects, and effects for purchases over $150,000 lasting much longer. (7) Borrowers who unknowingly obtained bad, improper or fraudulent mortgages which subsequently led to foreclosure, should be given the opportunity to rebuild their credit in a responsible way without the substantial and lingering effects of foreclosure outweighing present and past responsible borrowing practices. SEC. 3. AMENDMENT TO DEFINITIONS. Section 603 of the Fair Credit Reporting Act (U.S.C. 1681a) is amended by adding at the end the following new subsection: ``y Front End Ratio.--The term `front end ratio' means a ratio that indicates what portion of an individual's income is used to make mortgage payments, calculated by dividing an individual's gross monthly income by their housing expenses, particularly the mortgage principal, interest, taxes, and insurance (PITI).''. SEC. 4. SPECIAL CIRCUMSTANCE RELIEF. Section 605(a) of the Fair Credit Reporting Act (U.S.C. 1681c(a)) is amended-- (1) by redesignating paragraphs (2), (3), (4), (5), and (6) as paragraphs (3), (4), (5), (7), and (8), respectively; (2) by inserting after paragraph (1) the following new paragraph: ``(2) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of the adjudication, as the case may be, antedate the report by more than 3 years when each of the following are met: ``(A) During a period not less than 6 months prior to and continuing through the time that the bankruptcy is filed, a consumer's front-end debt ratio on a mortgage instrument originated or refinanced on or after January 1, 2003, was 37% or higher. ``(B) The consumer filed for bankruptcy no earlier than January 1, 2004. ``(C) The consumer has not disputed the accuracy of their report under paragraph (6) during the period beginning January 1, 2004. ``(D) The consumer notifies the consumer reporting agency directly and is able to submit documentation to verify the above before March 31, 2009.''; and (3) by inserting after paragraph (5) the following new paragraph: ``(6) Any adverse information excluding bankruptcy, but including closed accounts, accounts in collections, accounts charged to profit or loss, repossessions, and foreclosures, shall be excluded if all of the following circumstances have occurred: ``(A) The adverse information in the consumer's report was for new accounts and transactions added after the first payment due date on the consumer's mortgage note, where the front end ratio then became 37% or higher, but not earlier than January 1, 2004. ``(B) The adverse information in the consumer's report was not added more than 6 months after a foreclosure on that consumer's primary residence or March 31, 2009, whichever is earlier. ``(C) The consumer notifies the consumer reporting agency directly of their intent to seek relief under this paragraph and is able to provide proper documentation and verification before March 31, 2009.''. SEC. 5. CONFORMING AMENDMENT. Subsection (b) of section 605 of the Fair Credit Reporting Act (U.S.C. 1681c(b)) is amended (in the matter preceding paragraph (1)) by striking ``paragraphs (1) through (5)'' and inserting ``paragraphs (1), (3), (4), (5), and (7)''.

Mortgage Credit Repair Act of 2008 - Amends the Fair Credit Reporting Act to define "front end ratio" as a ratio that indicates what portion of an individual's income is used to make mortgage payments, calculated by dividing an individual's gross monthly income by their housing expenses, particularly the mortgage principal, interest, taxes, and insurance (PITI). Prohibits a consumer reporting agency from making a consumer report containing cases under title 11 or under the Bankruptcy Act that antedate the report by more than three years when certain criteria are met. Includes among such criteria that a consumer's front-end debt ratio on a mortgage instrument originated or refinanced on or after January 1, 2003, was 37% or higher for at least six months before and continuing through the time that the bankruptcy is filed. Prohibits a consumer reporting agency from making a consumer report containing any adverse information excluding bankruptcy, but including closed accounts, amounts in collections, accounts charged to profit or loss, repossessions, and foreclosures, if certain circumstances have occurred.

To amend the Fair Credit Reporting Act with respect to requirements relating to information contained in consumer reports, and for other purposes.

SECTION 1. FINDINGS. (a) The Congress finds that-- (1) fraudulent activity in the United States has a devastating effect on the elderly; (2) as the fears of the elderly over financial security have increased over the years, so too have the deceptive tactics of unscrupulous groups that prey on those fears; (3) elderly citizens represent 12.5 percent of the population, but they are 30 percent of the victims of fraud; (4) elderly citizens are far more likely to be subjected to questionable and unscrupulous sales practices than any other age group; (5) elderly citizens, because they are home more than younger citizens, are more accessible to fraudulent practices involving the telemarketer's call or the knock of a door-to- door salesperson; (6) schemes to bilk the elderly are becoming increasingly common as dishonest persons manage to sell inferior, worthless, unnecessary, and sometimes nonexistent products to thousands of elderly citizens nationwide; (7) schemes to bilk the elderly involve outrageous tactics and rob the elderly of their savings, independence, and dignity; (8) phony vacations, fraudulent credit repair services, and free prizes are but a few of the practices and activities involving consumer fraud carried out against the elderly; (9) persons engaged in consumer fraud against the elderly are highly mobile and prosecution is difficult; and (10) such practices and activities are a blight on reputable businesses engaged in legitimate marketing practices. SEC. 2. FEDERAL TRADE COMMISSION. (a) Participation in the Financial Crimes Enforcement Center.--The Federal Trade Commission shall participate in, and be on the receiving list of law enforcement products of, the Financial Crimes Enforcement Center of the Department of the Treasury. (b) Venue.--Subsections (a) and (b) of section 13 of the Federal Trade Commission Act (15 U.S.C. 53) are each amended by adding at the end thereof the following: ``Whenever it appears to the court that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, the court may cause such person, partnership, or corporation to be summoned without regard to whether they reside or transact business in the district in which the suit is brought, and to that end process may be served wherever the person, partnership, or corporation may be found.''. (c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)(1)) is amended-- (1) in subparagraph (A) by striking ``civil'' the first place it appears and inserting in lieu thereof ``Federal court''; and (2) by adding at the end the following: ``The Commission may bring a criminal contempt action for violations of orders obtained in cases brought under section 13(b) of this Act in the same manner as civil penalty and other Federal court actions to which this subsection applies. Such cases may be initiated by the Commission on its own complaint, or pursuant to its acceptance of an appointment by a court to assist it in enforcing such orders pursuant to Rule 42(b) of the Federal Rules of Criminal Procedure.''. SEC. 3. SENTENCING GUIDELINES. (a) Fraud and Deceit.--The United States Sentencing Commission shall amend its sentencing guidelines relating to fraud and deceit so as to provide for increases in offense levels based on the number of persons that the offender has victimized. (b) Vulnerable Victims.--The United States Sentencing Commission shall amend its sentencing guidelines relating to vulnerable victims so as to provide that if the offender knew or should have known that the victim was unusually vulnerable or that the victim was otherwise particularly susceptible to the offense, the offense level shall be increased by 7 levels. SEC. 4. MANDATORY RESTITUTION. (a) Order of Restitution.--Section 3663(a) of title 18, United States Code, is amended by striking ``may order'' and inserting ``shall order''. (b) Procedure.--Section 3664(a) of title 18, United States Code, is amended by striking ``in determining whether to order restitution under section 3663 of this title and the amount of such restitution'' and inserting ``in determining the amount of restitution under section 3663''. SEC. 5. SENSE OF CONGRESS CONCERNING THE NATIONAL TELEMARKETING FRAUD WORKING GROUP. It is the sense of Congress that-- (1) all United States Attorneys should regularly enter information on telemarketing fraud into the database of the National Telemarketing Fraud Working Group; and (2) the National Telemarketing Fraud Working Group and the States should continue to cooperate with each other in coordinating the prosecution of offenders in venues that are convenient to the victims of their offenses. SEC. 6. CONSUMER AND ANTI-FRAUD ACTIVITIES. (a) Additional United States Attorneys.--The Attorney General shall designate 50 existing full-time equivalent positions for attorneys and sufficient support staff to be assigned to the prosecution of consumer fraud and for law enforcement and consumer fraud education programs. (b) Effective Date.--This section shall take effect on the date of enactment of this Act. SEC. 7. FORFEITURES. (a) Civil Forfeiture.--Section 981 of title 18, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (D) by inserting ``(i)'' before ``Any'' and redesignating clauses (i), (ii), (iii), (iv), (v), and (vi) as subclauses (I), (II), (III), (IV), (V), and (VI), respectively; (B) by striking ``(E) With respect to an offense listed in subsection (a)(1)(D)'' and inserting ``(ii) With respect to an offense described in clause (i)''; and (C) by adding at the end the following new subparagraph: ``(E) Any property, real or personal, that constitutes, represents, is derived from, or is traceable to the proceeds of a violation of section 1029, 1341, or 1343 of this title if such violation relates to crimes against individuals 55 years of age or older. Notwithstanding the provisions of section 524 of title 28, United States Code, up to 25 percent of the amounts forfeited pursuant to this subparagraph for an offense may be used to provide restitution to any victim of the offense.''. (b) Criminal Forfeiture.--Section 982(a) of title 18, United States Code, is amended by adding at the end thereof the following: ``(5) The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate, section 1029, 1341 or 1343 of this title, affecting an individual 55 years of age or older, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation. Notwithstanding the provisions of section 524 of title 28, United States Code, up to 25 percent of the amounts forfeited pursuant to this paragraph for an offense may be used to provide restitution to any victim of the offense.''. (c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)(1)) is amended-- (1) in subparagraph (A) by striking ``civil'' the first place it appears and inserting in lieu thereof ``Federal court''; and (2) by adding at the end the following: ``The Commission may bring a criminal contempt action for violations of orders obtained in cases brought under section 13(b) of this Act in the same manner as civil penalty and other Federal court actions to which this subsection applies. Such cases may be initiated by the Commission on its own complaint, or pursuant to its acceptance of an appointment by a court to assist it in enforcing such orders pursuant to Rule 42(b) of the Federal Rules of Criminal Procedure.''. SEC. 8. MONEY LAUNDERING. Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting after ``1014 (relating to fraudulent loan or credit applications),'' the following: ``1029 (relating to fraud relating to access devices),''. SEC. 9. UNIFORM LAWS GOVERNING LICENSING OF HOME REPAIR CONTRACTORS, MORTGAGE COMPANIES, AND PRIZE GIVEAWAY COMPANIES. The Attorney General, in consultation with the American Law Institute, the National Conference of Commissioners on Uniform State Laws, or other interested persons, shall prepare model State law on each of the following subjects: (1) Licensing of home repair contractors. (2) Licensing of mortgage companies. (3) Licensing of prize giveaway companies. SEC. 10. MAIL FRAUD. (a) Offense.--Section 1341 of title 18, United States Code, is amended-- (1) by inserting ``or places in any private courier service office or authorized depository for receipt of matter to be delivered by private courier service,'' after ``mail matter,''; (2) by inserting ``or by a private courier service'' after ``Postal Service''; and (3) by inserting ``or private courier service'' after ``by mail''. (b) Definition.-- (1) Private courier service.--Section 1346 of title 18, United States Code, is amended to read as follows: ``Sec. 1346. Definitions ``In this chapter-- ```private courier service' means a private entity providing services provided by the United States Postal Service. ```scheme or artifice to defraud' includes a scheme or artifice to deprive another of the intangible right of honest services.''. (2) Technical amendment.--The chapter analysis for chapter 63 of title 18, United States Code, is amended by striking the item for section 1346 and inserting the following item: ``1346. Definitions.''.

Directs the Federal Trade Commission (FTC) to participate in, and receive products from, the Financial Crimes Enforcement Center of the Department of the Treasury. Amends the Federal Trade Commission Act to allow the FTC to bring criminal contempt actions for violations of court orders in the same manner as civil penalties and other Federal court actions. Directs the United States Sentencing Commission to amend its sentencing guidelines relating to: (1) fraud and deceit to provide for increases in offense levels based on the number of persons that the offender has victimized; and (2) vulnerable victims to provide for increased offense levels based on vulnerability. Amends the Federal sentencing statute to mandate restitution for victims (currently, such authority is discretionary). Expresses the sense of the Congress concerning its support of the National Telemarketing Fraud Working Group. Requires the Attorney General to designate additional existing full-time attorneys and support staff for consumer and anti-fraud activities. Amends civil and criminal forfeiture law to allow for the forfeiture of profits arising from mail, wire, and credit card violations in connection with fraud schemes against the elderly. Allows the use of a percentage of the amounts forfeited to provide restitution to victims. Includes credit card fraud in the money laundering statute. Directs the Attorney General to prepare model State law on the licensing of home repair contractors, mortgage companies, and prize giveaway companies. Includes the use of private courier services in the mail fraud statute.

A bill to protect the elderly against fraudulent practices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Endangered Species Conservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) numerous species of fauna and flora in foreign countries have continued to decline to the point that the long- term survival of those species in the wild is in serious jeopardy; (2) many of those species are listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix I, II, or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; (3) there are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of foreign countries within the range of those species, the United States and other countries, and the private sector; (4) the grant programs established by Congress for tigers, rhinoceroses, Asian elephants, and African elephants have proven to be extremely successful programs that provide Federal funds for conservation projects in an efficient and expeditious manner and that encourage additional support for conservation in the foreign countries where those species exist in the wild; and (5) a new grant program modeled on the existing programs for tigers, rhinoceroses, and elephants would provide an effective means to assist in the conservation of foreign endangered species for which there are no existing grant programs. (b) Purpose.--The purpose of this Act is to conserve endangered and threatened species of fauna and flora in foreign countries, and the ecosystems on which the species depend, by supporting the conservation programs for those species of foreign countries and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Account.--The term ``Account'' means the Foreign Endangered and Threatened Species Conservation Account established by section 6. (2) Administrator.--The term ``Administrator'' means the Administrator of the Agency for International Development. (3) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices and amendments. (4) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a species to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species, including-- (A) protection and management of populations of foreign endangered or threatened species; (B) maintenance, management, protection, restoration, and acquisition of habitat; (C) research and monitoring; (D) law enforcement; (E) conflict resolution initiatives; and (F) community outreach and education. (5) Foreign endangered or threatened species.--The term ``foreign endangered or threatened species'' means a species of fauna or flora-- (A) that is listed as an endangered or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or that is listed in Appendix I, II, or III of CITES; and (B) whose range is partially or wholly located in a foreign country. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested under Reorganization Plan No. 4 of 1970 (5 U.S.C. App.). SEC. 4. FOREIGN SPECIES CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds, the Secretary shall use amounts in the Account to provide financial assistance for projects for the conservation of foreign endangered or threatened species in foreign countries for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of foreign endangered or threatened species may be submitted to the Secretary by-- (A) any agency of a foreign country that has within its boundaries any part of the range of the foreign endangered or threatened species if the agency has authority over fauna or flora and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of the foreign endangered or threatened species. (2) Required information.--A project proposal shall include-- (A) the name of the individual responsible for conducting the project, and a description of the qualifications of each individual who will conduct the project; (B) the name of the foreign endangered or threatened species to benefit from the project; (C) a succinct statement of the purposes of the project and the methodology for implementing the project, including an assessment of the status of the species and how the project will benefit the species; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental agencies of the foreign countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of non-Federal funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Proposal Review and Approval.-- (1) Request for additional information.--If, after receiving a project proposal, the Secretary determines that the project proposal is not complete, the Secretary may request further information from the person or entity that submitted the proposal before complying with the other provisions of this subsection. (2) Request for comments.--The Secretary shall request written comments, and provide an opportunity of not less than 30 days for comments, on the proposal from the appropriate governmental agencies of each foreign country in which the project is to be conducted. (3) Submission to administrator.--The Secretary shall provide to the Administrator a copy of the proposal and a copy of any comments received under paragraph (2). The Administrator may provide comments to the Secretary within 30 days after receipt of the copy of the proposal and any comments. (4) Decision by the secretary.--After taking into consideration any comments received in a timely manner from the governmental agencies under paragraph (2) and the Administrator under paragraph (3), the Secretary may approve the proposal if the Secretary determines that the project promotes the conservation of foreign endangered or threatened species in foreign countries. (5) Notification.--Not later than 180 days after receiving a completed project proposal, the Secretary shall provide written notification of the Secretary's approval or disapproval under paragraph (4) to the person or entity that submitted the proposal and the Administrator. (d) Priority Guidance.--In funding approved project proposals, the Secretary shall give priority to the following types of projects: (1) Projects that will enhance programs for the conservation of foreign endangered and threatened species that are most imperiled. (2) Projects that will provide the greatest conservation benefit for a foreign endangered or threatened species. (3) Projects that receive the greatest level of assistance, in cash or in-kind, from non-Federal sources. (4) Projects that will enhance local capacity for the conservation of foreign endangered and threatened species. (e) Project Reporting.--Each person or entity that receives assistance under this section for a project shall submit to the Secretary and the Administrator periodic reports (at such intervals as the Secretary considers necessary) that include all information required by the Secretary, after consultation with the Administrator, for evaluating the progress and success of the project. (f) Guidelines.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, after providing public notice and opportunity for comment, the Secretary of the Interior and the Secretary of Commerce shall each develop guidelines to carry out this section. (2) Priorities and criteria.--The guidelines shall specify-- (A) how the priorities for funding approved projects are to be determined; and (B) criteria for determining which species are most imperiled and which projects provide the greatest conservation benefit. SEC. 5. MULTILATERAL COLLABORATION. The Secretary, in collaboration with the Secretary of State and the Administrator, shall-- (1) coordinate efforts to conserve foreign endangered and threatened species with the relevant agencies of foreign countries; and (2) subject to the availability of appropriations, provide technical assistance to those agencies to further the agencies' conservation efforts. SEC. 6. FOREIGN ENDANGERED AND THREATENED SPECIES CONSERVATION ACCOUNT. (a) Establishment.--There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the ``Foreign Endangered and Threatened Species Conservation Account'', consisting of-- (1) amounts donated to the Account; (2) amounts appropriated to the Account under section 7; and (3) any interest earned on investment of amounts in the Account under subsection (c). (b) Expenditures From Account.-- (1) In general.--Subject to paragraph (2), the Secretary may expend from the Account, without further Act of appropriation, such amounts as are necessary to carry out section 4. (2) Administrative expenses.--An amount not to exceed 6 percent of the amounts in the Account-- (A) shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act; and (B) shall be divided between the Secretary of the Interior and the Secretary of Commerce in the same proportion as the amounts made available under section 7 are divided between the Secretaries. (c) Investment of Amounts.--The Secretary shall invest such portion of the Account as is not required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be available until expended, without further Act of appropriation. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Account for each of fiscal years 2001 through 2005-- (1) $12,000,000 for use by the Secretary of the Interior; and (2) $4,000,000 for use by the Secretary of Commerce.

Foreign Endangered Species Conservation Act of 1999 - Directs the Secretary of the Interior to use amounts in the Foreign Endangered and Threatened Species Conservation Account (established by this Act) to provide financial assistance for projects for the conservation of foreign endangered or threatened species in foreign countries. Prescribes project requirements. Directs the Secretary to: (1) coordinate efforts to conserve foreign endangered and threatened species with the relevant agencies of foreign countries; and (2) provide such agencies with technical assistance to further their conservation efforts. Establishes the Foreign Endangered and Threatened Species Conservation Account within the Multinational Species Conservation Fund of the Treasury. Authorizes appropriations.

Foreign Endangered Species Conservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tule Lake National Historic Site Establishment Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Historic site.--The term ``Historic Site'' means the Tule Lake National Historic Site established by section 3(a). (2) Map.--The term ``Map'' means the map entitled ``Tule Lake National Historic Site Proposed Boundary'', numbered 501/ 128,313, and dated March 2015. (3) Monument.--The term ``Monument'' means the World War II Valor in the Pacific National Monument. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of California. (6) Airport.--The term ``Airport'' means the Tule Lake Municipal Airport, designated O81 by the Federal Aviation Administration. (7) County.--The term ``County'' means the County of Modoc. (8) City.--The term ``City'' means the City of Tulelake. SEC. 3. TULE LAKE NATIONAL HISTORIC SITE. (a) Establishment.--To preserve, protect, and interpret for the benefit of present and future generations the historic site of incarceration and segregation of United States citizens of Japanese descent and resident immigrants of Japanese citizenry at Tule Lake during World War II, there is established the Tule Lake National Historic Site in the State as a unit of the National Park System. (b) Boundaries.--The boundaries of the Historic Site shall be the boundaries generally depicted on the Map. (c) Availability of Map.--The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Administration.-- (1) In general.--The Secretary shall administer the Historic Site in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Interagency agreement.--The Director of the National Park Service and the Director of the United States Fish and Wildlife Service shall enter into an agreement to allow the Director of the National Park Service to manage and interpret the resources of the portions of the Historic Site, as depicted on the Map, that are located within the boundary of the Tule Lake National Wildlife Refuge, consistent with the management requirements of the Refuge. (3) Shared resources.--To the maximum extent practicable, the Secretary may use the resources of the Lava Beds National Monument to administer the Historic Site. (4) Management plan.-- (A) In general.--Not later than 3 years after the date on which this Act is enacted available to prepare a general management plan for the Historic Site, the Secretary shall prepare the general management plan in accordance with section 100502 of title 54, United States Code. (B) Coordination.--The Secretary shall coordinate the preparation and implementation of the general management plan under subparagraph (A) with the Tule Lake National Wildlife Refuge. (C) Consultation.--When preparing the general management plan, the Secretary shall consult with the City, County, and Airport to ensure that management of the Historic Site does not negatively impact operation of the Airport. SEC. 4. REMOVAL OF TULE LAKE UNIT FROM THE WORLD WAR II VALOR IN THE PACIFIC NATIONAL MONUMENT. (a) Boundaries.--The boundaries of the Monument are revised to exclude from the Monument the land and interests in land known as the ``Tule Lake Unit'', consisting of portions of the Tule Lake Segregation Center National Historic Landmark and Camp Tule Lake, as depicted on the Map. (b) Incorporation Into Historic Site.-- (1) In general.--The land and interests in land excluded from the Monument under subsection (a) are incorporated in and made part of the Historic Site in accordance with section 3. (2) Use of funds.--Any funds for the purposes of the land and interests in land excluded from the Monument under subsection (a) shall be made available for the purposes of the Historic Site. (c) References.--Any reference in a law, regulation, document, record, map, or other paper of the United States to the Tule Lake Unit of World War II Valor in the Pacific National Monument shall be considered to be a reference to the Tule Lake National Historic Site. SEC. 5. CONSULTATION REQUIREMENT. The President may not designate lands for inclusion in the Historic Site outside the boundaries depicted on the Map, and the Secretary may not acquire lands for inclusion in the Historic Site outside the boundaries depicted on the Map, unless not more than 1 year before such designation or acquisition, the Secretary of the Interior-- (1) consulted with County and City; and (2) obtained written concurrence for the designation or acquisition from the governing bodies of the City and County. SEC. 6. BUFFER ZONES OR REGULATION. Nothing in this Act, the establishment of the park, or the management plan of the park shall be construed to create buffer zones outside of the park. That an activity or use can be seen or heard from within the park shall not preclude the conduct of that activity or use outside the park.

Tule Lake National Historic Site Establishment Act of 2015 This bill establishes the Tule Lake National Historic Site in California as a unit of the National Park System in order to preserve, protect, and interpret the site of incarceration and segregation of U.S. citizens of Japanese descent and resident immigrants of Japanese citizenry at Tule Lake during World War II. The National Park Service (NPS) and the U.S. Fish and Wildlife Service shall enter into an agreement to allow the NPS to manage and interpret the resources of the portions of the Site within the Tule Lake National Wildlife Refuge. The resources of the Lava Beds National Monument may be used to administer the Site. The Department of the Interior shall prepare a general management plan for the Site. The boundaries of the World War II Valor in the Pacific National Monument are revised to exclude from the Monument the Tule Lake Unit, consisting of portions of the Tule Lake Segregation Center National Historic Landmark and Camp Tule Lake, and incorporate the excluded lands and interests into the Site. The President may not designate, nor may Interior acquire, lands for inclusion in the Site outside specified boundaries unless Interior has: (1) consulted with the county of Modoc and the city of Tulelake, and (2) obtained their written concurrence for the designation or acquisition.

Tule Lake National Historic Site Establishment Act of 2016

SECTION 1. PROVISIONS RELATING TO OFFICES AND POSITIONS IN THE EXECUTIVE OR LEGISLATIVE BRANCH. (a) Applicability.--This section shall apply with respect to each office or position under subparagraph (A), (B), or (D) of section 225(f) of the Federal Salary Act of 1967 (2 U.S.C. 356), as last in effect before being repealed by section 3(a). (b) Pay Provisions.--Notwithstanding section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31), section 104 of title 3, United States Code, section 5318 of title 5, United States Code, or any other provision of law, the rate of basic pay for each office or position to which this section applies shall-- (1) for the period beginning on the date of the enactment of this Act and ending at the close of the day before the first day to which paragraph (2) applies, be equal to the rate payable for such office or position as of the date of the enactment of this Act; and (2) on and after the first day of the first Congress beginning after the next election of Representatives occurring after the date of the enactment of this Act, be equal to the rate which would then be payable for such office or position if neither section 703 of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), section 6(a) of the Legislative Branch Appropriations Act, 1992 (5 U.S.C. 5318 note) (but only to the extent that it directs that subsection (a)(2)(B) of such section 703 be treated as if it had not been enacted), nor paragraph (1) had been enacted. (c) Repeal of Certain Related Provisions.--The last sentence of section 603, and the last sentence of section 804(f), of the Ethics Reform Act of 1989 are repealed. (d) Definition.--For the purpose of this section, the term ``election of Representatives'' is used in the same way as such term is used in the twenty-seventh article of amendment to the Constitution of the United States. SEC. 2. PROVISIONS RELATING TO OFFICES AND POSITIONS IN THE JUDICIAL BRANCH. (a) Applicability.--This section shall apply with respect to each office or position under subparagraph (C) of section 225(f) of the Federal Salary Act of 1967 (2 U.S.C. 356), as last in effect before being repealed by section 3(a). (b) Pay Provisions.-- (1) In general.--Notwithstanding section 461 of title 28, United States Code, or any other provision of law, the rate of basic pay for each office or position to which this section applies shall-- (A) for the period beginning on the date of the enactment of this Act and ending at the close of the day before the first day to which subparagraph (B) applies, be equal to the rate payable for such office or position as of the date of the enactment of this Act; and (B) on and after the date specified in paragraph (2), be adjusted in accordance with paragraph (3). (2) Specification of date.--The date specified in this paragraph is the first date, after the first day referred to in section 1(b)(2), as of which the rate of pay payable to a Senator or Member of the House of Representatives (or, if those rates are not the same, whichever is less) is at least equal to the rate payable to a judge of a district court of the United States as of the date of the enactment of this Act. (3) Method for adjusting pay.--The method for adjusting pay for an office or position under this paragraph shall be-- (A) as required under applicable provisions of law (disregarding any adjustments which, but for this Act, would have taken effect under those provisions during the period described in paragraph (1)(A)); except that (B) the first adjustment taking effect after the end of such period shall (for each such office or position) be equal to such percentage as results in the rate of pay for a judge of a district court of the United States being equal to the rate then payable to a Senator or Member of the House of Representatives (or, if those rates are not the same, whichever is less). SEC. 3. REPEAL OF SECTION 225 OF THE FEDERAL SALARY ACT OF 1967. (a) In General.--Section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 and following) is repealed. (b) Technical and Conforming Amendments.-- (1) Paragraph (1) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)) is amended by striking ``shall be'' through the period and inserting ``shall be the rate determined for such positions under this subsection.''. (2) The first sentence of section 104 of title 3, United States Code, is amended by striking ``shall be'' through the period and inserting ``shall be the rate determined for such position under this section.''. (3) Sections 5312 through 5316 of title 5, United States Code, are each amended by striking ``shall be'' through the colon and inserting ``shall be the rate determined with respect to such level under section 5318:''. (4) Sections 5, 44(d), 135, and 252 of title 28, United States Code, are each amended by striking ``determined under'' through the period and inserting ``determined under section 461 of this title.''.

Applies this Act to the Vice President, Members of the House of Representatives and the Senate, and certain offices and positions of the legislative as well as executive (Executive Schedule) branch. Declares that, on and after the first day of the first Congress beginning after the next election of Representatives, the rate of basic pay for each such office or position shall be equal to the rate which would then be payable if neither of specified sections of the Ethics Reform Act of 1989 and the Legislative Branch Appropriations Act, 1992 had been enacted. Repeals certain related provisions of such Acts. Requires adjustment, on the day after such day, in the rate of pay for: (1) judicial branch offices and positions in general, according to applicable Federal law; and (2) district court judges in particular, so that theirs shall be equal to the rate payable to a Senator or Member of the House (or the lesser of these, if such rates are not the same). Amends the Federal Salary Act of 1967 to repeal the mandate and authorization for the Citizens' Commission on Public Service and Compensation, thus abolishing it.

To nullify the 25 percent pay increase that was afforded to Members of Congress and certain other Government officials by the Ethics Reform Act of 1989; to repeal section 225 of the Federal Salary Act of 1967, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Democratic Institutions Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) An elected legislature that represents a nation's citizens is a critical element of a democratic government that is accountable to its people. (2) The drafting of effective legislation requires legislative staff who possess substantive expertise in relevant subject matters. (3) Legislative oversight of governmental policies, programs, and budgets--steps that are imperative to ensure good governance, prevent waste and abuse, and guarantee effective use of state resources--similarly requires legislative staff who have technical expertise needed to exercise effective oversight. (4) Many new and emerging democracies, burdened by the legacy of oppressive and autocratic regimes, struggle to reform their government institutions, develop wise laws, implement sound policies, and ensure that the power of the state is used to enhance political freedoms, economic well-being, and social welfare. (5) It is in the interests of the United States to promote sound lawmaking and government accountability in countries that have political, economic, and security relations with the United States. (6) A cadre of professional legislative staff trained in public policy, national security affairs, and legislative procedure is essential for the development of sound legislation and the exercise of effective legislative oversight over government operations. (7) Legislative staff who have developed substantive expertise in one or more areas of public policy and gained a thorough understanding of democratic legislative procedures will raise the level of public debate in their societies and encourage a more open discussion of political, economic, and social issues between and among political leaders and ordinary citizens. (8) Such staff members, even should they leave the employ of their country's legislature, are likely to remain active, prominent, and well-informed members of their nations' civil service, defense establishments, or political systems and will in this manner continue to promote democracy in their own country and thus the national interest of the United States abroad. SEC. 3. ESTABLISHMENT OF INTERNATIONAL LEGISLATIVE STAFF TRAINING PROGRAM. (a) Establishment.--The Secretary of State shall establish a program that will encourage the professionalization of legislative staff working for foreign legislative bodies and elected members of such bodies. The program shall bring foreign legislative staff to the United States for seminars, workshops, discussions, and meetings concerning techniques, standards, and practices of professional legislative staff work. To the extent possible, the program shall include close observation of the legislative process and the role of professional legislative staff in the Congress of the United States. (b) Activities.-- (1) The program shall include seminars, workshops, discussions, and other activities concerning the following: (A) The role of a legislature in a democratic system. (B) Executive-legislative relations. (C) The role of constituents, lobbyists, nongovernmental organizations, political parties, the media, and other stakeholders in the legislative process. (D) Contemporary policy issues being addressed in the United States by Congress. (E) The value of a career as professional legislative staff. (2) The program shall include meetings and contact with-- (A) academics, think tank scholars, and other appropriate experts on executive-legislative relations, policy issues being addressed by the Congress, and the role of a legislature in a democratic system; (B) Members of Congress, congressional committee staff, congressional staff, and others knowledgeable about the legislative process; (C) officials from executive branch agencies with experience in policy issues and executive-legislative relations; (D) individuals working in the legislative and executive branches of the United States Government; (E) journalists who report on congressional activities; and (F) members and staff of State legislatures, as appropriate. (c) Participants.-- (1) In the selection of individuals to participate in the program under this section, the Secretary of State shall consider only individuals from countries which-- (A) have a legislature whose members have been elected in elections that are generally regarded as having been free and fair; (B) have a legislature that possesses a constitutional or legal authority to draft, approve, or otherwise substantively affect legislation on a wide range of policy issues, including budgetary matters; (C) are not considered state sponsors of terrorism. (2) The Secretary of State shall give priority consideration to the participation of individuals from countries whose legislatures employ relatively few professional staff and whose nascent democratic institutions would especially benefit from the professionalization of the staff. (3) The Secretary of State shall make every effort to select as participants in this program individuals who demonstrate a commitment to a career in public policy, international affairs, defense, or public sector budgetary matters. (d) Administration.-- (1) The Secretary of State shall administer the program under this section through the Assistant Secretary of State for Educational and Cultural Affairs in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor. (2) The Secretary may enter into one or more contracts with private or nonprofit organizations having an expertise in the fostering of democratic institutions for the administration of the program under this section. The Secretary may enter into such contracts without regard to any any provision of law requiring the use of competitive procedures. (e) Definitions.--In this section the term ``elections that are generally regarded as having been free and fair'' refers to an electoral process that is generally regarded by the United States and the international community as being open and democratic and governed by the principles of free and open debate and informed citizen participation. (f) Authorization of Appropriations.--For the fiscal year 2003 and for each subsequent fiscal year, there are authorized to be appropriated $3,000,000 to carry out this section. Funds appropriated pursuant to the authorization of appropriations under this subsection are authorized to remain available until expended. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that Members of Congress should support the program established under section 2 to the greatest extent possible by providing for the involvement of professional legislative staff from their offices in seminars, meetings, and other activities organized for the benefit of participants in the program.

Strengthening Democratic Institutions Act of 2002 - Establishes an international legislative staff training program that will bring legislative staff working for foreign legislative bodies and their elected members to the United States for seminars, workshops, discussions, and meetings concerning techniques, standards, and practices of professional legislative staff work, including, to the extent possible, close observation of the legislative process and the role of such staff in Congress.

To strengthen democratic institutions and promote good governance overseas by contributing to the development of professional legislative staff.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Lowering Oil Price Speculation for Infrastructure Dedicated to Economic Development Act of 2009'' or the ``LOPSIDED Oil Prices Act of 2009''. (b) Findings.--Congress finds the following: (1) The price of oil has risen and fallen dramatically over the last decade without a clear connection to the laws of supply and demand. (2) The price of a barrel of oil predictably stayed beneath $20 a barrel of oil for decades. In the beginning of 1999, the price was under $10 a barrel of oil, but since then the oil market has been plagued by speculation and fluctuated wildly. (3) In late 2004, the price of oil exceeded $40 a barrel of oil, up 400 percent in 5 years. (4) In late 2007, the price exceeded $80 a barrel of oil, up 800 percent in 8 years. (5) Nine months later, the price of oil peaked at $145 per barrel of oil, up 1450 percent in just under 10 years. While demand has risen, it has not to risen at those rates. (6) The price of oil collapsed in 2008, but the collapse preceded the greater economic downturn. In January 2009, the price had dropped to just over $30 a barrel of oil. (7) The economy continues to slide downward pushing with it oil demand, but illogically the price of oil recently peaked at over $70 a barrel of oil. (8) Many economists have attributed this irrational behavior of the oil market to the large increase in speculative trading in oil derivatives. Crude oil is now the world's most actively traded commodity futures contract. (9) In 2004, the New York Mercantile Exchange (NYMEX) facilitated 52 million oil futures contracts, and in 2008 NYMEX facilitated 134 million oil futures contracts. Other exchanges have seen similar increases, and there is no accurate measure for over-the-counter trades. (10) On June 13, 2009, the finance ministers from G8 countries--Canada, France, Germany, Italy, Japan, Russia, Britain and the United States--said ``Excess volatility of commodity prices poses risks to growth.'' (11) Commodity Futures Trading Commissioner Bart Chilton, said in June 2009, ``Crude oil prices are up 60 percent on the year. Supplies are at a 10-year high, and demand is at a 10- year low. You do the math. Why should prices be over $70?'' (12) Many economists argue that a transaction tax on speculative trading will deter short-term speculation, which will reduce the volatility and price of oil. (13) James Tobin, a Nobel Prize winner in economics, stated a security transaction tax ``would automatically penalize short-horizon round trips, while negligibly affecting the incentives for . . . longer-term capital investments.'' (14) Larry Summers, the current Chairman of the National Economic Council and the top economic adviser President Obama, wrote in 1989 that imposing a securities transaction tax ``would have the beneficial effects of curbing instability introduced by speculation, reducing the diversion of resources into the financial sector of the economy, and lengthening the horizon of corporate managers. The efficiency benefits derived from curbing speculation are likely to exceed any costs or reduced liquidity or increased costs of capital that come from taxing financial transactions more heavily.'' (15) A well-designed oil transaction tax could reduce the volatility of the oil futures market without harming legitimate hedge traders. Oil prices will then return to accurate price discovery following the supply and demand price curve. (16) Since 70 percent of oil consumed in the United States is for transportation, the revenue raised on oil transactions is an ideal additional source of funds for the Highway Trust Fund. SEC. 2. TAX ON TRANSACTIONS IN OIL FUTURES AND OPTIONS. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Transactions in Oil Futures and Options ``Sec. 4475. Tax on transactions in oil futures and options. ``SEC. 4475. TAX ON TRANSACTIONS IN OIL FUTURES AND OPTIONS. ``(a) Imposition of Tax.-- ``(1) Futures.--There is hereby imposed a tax on each covered transaction in an oil futures contract of 0.2 percent of the value of the futures instruments involved in such transaction. ``(2) Options.--There is hereby imposed a tax on each covered transaction in an oil option of 0.5 percent of the premium paid on the option for a futures instruments involved in such transaction. ``(b) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) the trading facility on which the transaction occurs, or ``(B) if such transaction does not occur on a trading facility, by the buyer of the transaction. ``(2) Withholding if buyer not united states person.--See section 1447 for withholding by seller if buyer is foreign person. ``(c) Exception for Commercial Traders.--The tax imposed by this section shall not apply to any transaction if-- ``(1) either party to the transaction is-- ``(A) classified by the Commodity Futures Trading Commission as a commercial trader with respect to oil, or ``(B) a financial institution acting on behalf of such a party (but only if the financial institution does not at any time acquire ownership of the security), and ``(2) the transaction is a bona fide hedging transactions (within the meaning of section 4a(c) of the Commodity Exchange Act). ``(d) Definitions.--For purposes of this section-- ``(1) In general.--The term `covered transaction' any purchase or sale of an oil futures contract or an oil option if-- ``(A) such purchase or sale on a trading facility located in the United States, or ``(B) the purchaser or seller is a United States person. ``(2) Futures.--The term `oil futures contract' means any contract of sale of oil for future delivery (within the meaning of the Commodity Exchange Act). ``(3) Options.--The term `oil option' means any option on a oil futures transaction. ``(4) Trading facility.--The term `trading facility' has the meaning given to such term by the Commodity Exchange Act. ``(e) Administration.--The Secretary shall carry out this section in consultation with the Commodity Futures Trading Commission.''. (b) Withholding.--Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``SEC. 1447. WITHHOLDING OF TAX ON TRANSACTIONS IN OIL FUTURES AND OPTIONS. ``In the case of any acquisition of an oil futures contract or an oil option (as such terms are defined in section 4475) by a foreign person, the transferor shall be required to deduct and withhold a tax equal to the tax which would be imposed on such acquisition under section 4475 if the transferee were a United States person.''. (c) Tax Revenues Deposited Into Highway Trust Fund.--Paragraph (1) of section 9503(b) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) sections 1447 and 4475 (relating to taxes on transactions in oil futures and options).''. (d) Clerical Amendments.-- (1) The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on transactions in oil futures and options.''. (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: ``Sec. 1447. Withholding of tax on transactions in oil futures and options.''. (e) Effective Date.--The amendments made by this section shall apply to transactions occurring on or after October 1, 2009.

Lowering Oil Price Speculation for Infrastructure Dedicated to Economic Development Act of 2009 or the LOPSIDED Oil Prices Act of 2009 - Amends the Internal Revenue Code to: (1) impose an excise tax on transactions in oil futures and options, to be paid by the trading facility on which the transactions occur or the buyer of the transactions; (2) require withholding of such tax; and (3) deposit revenues from the tax into the Highway Trust Fund. Exempts from such tax certain commercial oil traders and bona fide hedging transactions.

To amend the Internal Revenue Code of 1986 to impose a tax on transactions in oil futures and options and to deposit the revenues from the tax into the Highway Trust Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Support Act of 2008''. SEC. 2. FEDERAL EMPLOYEES PROGRAM FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE. (a) Federal Employees Program.-- (1) Definitions.--In this subsection: (A) Caregiver.--The term ``caregiver'' means an individual who-- (i) is an employee; (ii) is at least 18 years of age; and (iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces. (B) Covered period of service.--The term ``covered period of service'' means any period of service performed by an employee as a caregiver-- (i) while the individual who designated the caregiver under paragraph (3)(A) remains a qualified member of the Armed Forces; or (ii) after being designated as the caregiver under paragraph (3)(B) and while the applicable qualified member of the Armed Forces remains a qualified member of the Armed Forces. (C) Employee.--Except as provided under paragraph (5), the term ``employee'' has the meaning given under section 6331 of title 5, United States Code. (D) Family member.--The term ``family member'' includes-- (i) individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support (such as housing, food, clothing, or transportation); and (ii) children under the age of 19 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves in the absence of the qualified member of the Armed Forces. (E) Qualified member of the armed forces.--The term ``qualified member of the Armed Forces''-- (i) means-- (I) a member of a reserve component of the Armed Forces as described under section 10101 of title 10, United States Code, who has received notice to report to, or is serving on, active duty in the Armed Forces in support of a contingency operation as defined under section 101(a)(13) of title 10, United States Code; or (II) a member of the Armed Forces on active duty who is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code; and (ii) includes a member described under clause (i) who is medically discharged or retires from the Armed Forces, but only for the 36 month period beginning on the date of that medical discharge or retirement. (2) Establishment of program.--The Office of Personnel Management shall establish a program that-- (A) authorizes a caregiver to-- (i) use any sick leave of that caregiver during a covered period of service; and (ii) use any leave available to that caregiver under subchapter III or IV of chapter 63 of title 5, United States Code, during a covered period of service as though that covered period of service is a medical emergency; (B) provides a process under which a caregiver provides the employing agency reasonable notice of the need for leave under this section, similar to the process under which notice is provided to the employing agency under subchapter V of chapter 63 of title 5, United States Code; and (C) protects employees from discrimination or retaliation for the use of the leave under this section and provides employees with the opportunity to appeal a denial of the use of leave under this section. (3) Designation of caregiver.-- (A) In general.--A qualified member of the Armed Forces shall submit a written designation of the individual who is the caregiver for any family member of that member of the Armed Forces during a covered period of service to the employing agency and the Office of Personnel Management. (B) Incapacitated members.--If a qualified member of the Armed Forces who did not submit a designation under subparagraph (A) becomes incapacitated and is unable to submit that designation, a designation under subparagraph (A) may be submitted on behalf of that member by another individual in accordance with regulations prescribed by the Office of Personnel Management after consultation with the Department of Defense. (4) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the designation of an employee as a caregiver. (5) Prohibition of coercion.-- (A) Definition.--In this section: (i) Employee.--The term ``employee'' has the meaning given under section 2105 of title 5, United States Code. (ii) Intimidate, threaten, or coerce.--The term ``intimidate, threaten, or coerce'' includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation). (B) Prohibition.--An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights which such other employee may have under this Act. (6) Regulations.--Not later than 120 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe regulations to carry out this subsection. (7) Termination.--The program under this subsection shall terminate on December 31, 2012. (b) GAO Report.--Not later than June 30, 2010, the Government Accountability Office shall submit a report to Congress on the program under subsections (a) that includes-- (1) an evaluation of the success of the program; (2) recommendations for the continuance or termination of the program; and (3) a recommendation for the program or an expansion of the Family and Medical Leave Act of 1993. (c) Offset.--The aggregate amount authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test and evaluation shall be reduced by $2,000,000.

Military Family Support Act of 2008 - Directs the Office of Personnel Management (OPM) to establish a program to authorize a caregiver (a federal employee at least 18 years of age capable of providing care to a child or other dependent family member of a member of the Armed Forces) to use: (1) any available sick leave for the provision of such care in the same manner as annual leave is used; and (2) any federal leave available to that caregiver as though that period of caregiving is a medical emergency. Requires the program to: (1) provide a process for reasonable notice of the need for leave; and (2) protect employees from discrimination or retaliation for the use of leave under this Act and provide the opportunity to appeal a denial of its use. Requires the service member for whom the caregiving is provided to be performing service in support of a contingency operation or in situations for which hostile fire or imminent danger pay is authorized and to designate the caregiver for his or her family. Terminates the program on December 31, 2012. Provides for an offsetting reduction in FY2008 appropriations for the Department of Defense for research, development, test and evaluation.

To provide for a Federal employees program to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salmon Lake Land Selection Resolution Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) Salmon Lake and the water upstream and downstream from Salmon Lake contain important fisheries resources of significance to Alaska Natives in the Bering Straits Region and other residents of the State of Alaska; (2) certain land adjacent to Salmon Lake on the Seward Peninsula within the Bering Straits Region contains archaeological and cultural resources of significance to Alaska Natives in the Bering Straits Region, other residents of the State, and the citizens of the United States; (3) land adjacent to Salmon Lake on the Seward Peninsula within the Bering Straits Region offers, and is suitable for, a variety of recreational activities; (4) the State of Alaska, acting under the Act of July 7, 1958 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21; Public Law 85-508), has selected land in the Salmon Lake area under section 6(b) of that Act (72 Stat. 340); (5) the Bering Straits Native Corporation, an Alaska Native Regional Corporation formed under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), has selected land in the Salmon Lake area under section 14(h)(8) of that Act (43 U.S.C. 1613(h)(8)); (6) the Bering Straits Native Corporation and the State of Alaska have conflicting selections to certain land in the Salmon Lake area; (7) the Secretary of the Interior, the State, and the Bering Straits Native Corporation have concluded that it is in the interest of those parties-- (A) to protect and preserve the historical, cultural, and natural resources of the Salmon Lake area; (B) to equitably resolve, without further administrative appeals or litigation, the conflicting land selections made-- (i) by the State under the Act of July 7, 1958 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21; Public Law 85- 508); and (ii) by the Bering Straits Native Corporation in the Salmon Lake area under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and (C) to provide simultaneously for-- (i) continued public ownership, management, use, and access to certain land in the Salmon Lake area; (ii) conveyance to the State of certain land in the Salmon Lake area in partial satisfaction of the entitlement of the State under section 6(a) of the Act of July 7, 1958 (48 U.S.C. note prec. 21; Public Law 85-508); and (iii) conveyance to the Bering Straits Native Corporation of certain land in the Salmon Lake area and other areas of the Bering Straits Region in partial satisfaction of the land allocation of the Corporation under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and (8) legislation is required to ratify the agreement among the Secretary of the Interior, the State, and the Bering Straits Native Corporation to resolve the conflicting land selections made by the State and the Bering Straits Native Corporation. (b) Purpose.--The purpose of this Act is to ratify the Salmon Lake Area Land Ownership and Consolidation Agreement entered into by the Secretary, the State of Alaska, and the Bering Straits Native Corporation. SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the document-- (A) entitled ``Salmon Lake Area Land Ownership and Consolidation Agreement''; (B) executed by the Secretary, the State, and the Bering Straits Native Corporation on July 18, 2007; and (C) on file with-- (i) the Department of the Interior; (ii) the Committee on Energy and Natural Resources of the Senate; and (iii) the Committee on Natural Resources of the House of Representatives. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Alaska. SEC. 4. RATIFICATION OF AGREEMENT. (a) Ratification.-- (1) In general.--Congress approves, ratifies, and incorporates by reference the Agreement. (2) Conflict.--Subject to valid existing rights, if any term of the Agreement conflicts with any other provision of law, the terms of the Agreement shall control. (b) Authorization.--The Secretary may carry out all actions permitted or required under the Agreement.

Salmon Lake Land Selection Resolution Act - Ratifies the Salmon Lake Area Land Ownership and Consolidation Agreement, which was executed by the Department of the Interior, the state of Alaska, and the Bering Straits Native Corporation on July 18, 2007. Authorizes the Secretary of the Interior to carry out all actions permitted or required under the Agreement.

A bill to resolve the claims of the Bering Straits Native Corporation and the State of Alaska to land adjacent to Salmon Lake in the State of Alaska and to provide for the conveyance to the Bering Straits Native Corporation of certain other public land in partial satisfaction of the land entitlement of the Corporation under the Alaska Native Claims Settlement Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Tsunami Detection and Warning System Act of 2005''. SEC. 2. DEVELOPMENT AND DEPLOYMENT OF TSUNAMI SENSORS. (a) Responsibilities of Secretary of Commerce.--The Secretary of Commerce shall-- (1) identify deficiencies in the existing system of worldwide seismic stations that can identify in real or near real time potentially tsunamigenic earthquakes in any location in the Pacific, Atlantic, or Indian Oceans and associated seas; (2) work with the Secretary of State to enlist international cooperation in deploying seismic sensors to eliminate such deficiencies; (3) work with the Secretary of the Interior, through the Director of the United States Geological Survey to identify and implement any additions or improvements to the United States' maintained network of seismic stations that are necessary to improve real time or near real time signal acquisition and processing capability for detection of potentially tsunamigenic seismic events; (4) identify tsunami sensors, such as those developed by the National Oceanic and Atmospheric Administration and deployed under its Deep Ocean Assessment and Report of Tsunamis Project, or other appropriate ocean-based sensors, that can be deployed to detect potential tsunamis generated by any type of disturbance, including earthquake, underwater landslide, above water landslide, eruption of an explosive volcano, and meteor impact; (5) identify the number and location of such sensors that must be deployed throughout the Atlantic, Indian, and Pacific Oceans, and associated seas, and any other bodies of water of concern, to provide a system offering complete global coverage for detection of a tsunami, taking into consideration and coordinating with any regional systems in place or under development through other nations in the affected regions; (6) procure and deploy such sensors; (7) establish the measurement system, forecast system, and communication system and infrastructure needed to receive and process the signals generated by such tsunami sensors, by building on existing infrastructure at existing Centers of the National Oceanic and Atmospheric Administration, such as the Pacific Tsunami Warning Center and West Coast and Alaska Tsunami Center; and (8) disseminate tsunami forecasts and warnings as necessary to all potentially affected nations. (b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress a report on the progress made in carrying out the requirements of subsection (a). SEC. 3. INTERNATIONAL CONFERENCE ON GLOBAL TSUNAMI DETECTION AND WARNING. (a) Sense of Congress on Convening Conference.--It is the sense of Congress that the President, in consultation with the leaders of nations described in section 4(a)(1), should undertake to convene, within 180 days after the date of the enactment of this Act, an international conference on global tsunami detection and warning for the purposes of-- (1) supporting the common objective of such nations of preventing or reducing the toll of human loss from future tsunami-related natural disasters in the Pacific, Indian, and Atlantic Oceans and associated seas; and (2) seeking international agreement on the most effective means for deploying and funding a global tsunami detection and warning system. (b) Sense of Congress on Alternative Action.--It is further the sense of Congress that a conference described in subsection (a) would not be necessary if, as determined by the President after consultation with the Secretary of State and the Secretary of Commerce, satisfactory international agreement as described in paragraph (2) of that subsection has been reached within 90 days after the date of the enactment of this Act. SEC. 4. NETWORK OF NATIONS POTENTIALLY AFFECTED BY TSUNAMIS. (a) Requirement for Strategy.--The Secretary of State, in consultation with the Secretary of Commerce, shall prepare and implement a comprehensive strategy to achieve the following objectives: (1) Identify all coastal nations that have the potential to be adversely affected by tsunamis, particularly the nations that border the Pacific, Indian, and Atlantic Oceans, and associated seas. (2) Identify appropriate organizations, agencies, and contacts within the governments of those nations for disseminating tsunami warnings by working with-- (A) the United Nations Educational, Scientific, and Cultural Organization; and (B) other appropriate organizations. (3) Develop, with cooperating nations and their agencies and organizations, a structure for a Global Tsunami Warning System that has an appropriate number of regional operational headquarters. (4) Identify, with cooperating nations and their agencies and organizations, and establish an appropriate chain of command structure to ensure that warnings of potential or approaching tsunamis are directed to the appropriate contacts in potentially affected countries in a timely manner through the Global Tsunami Warning System network. (5) Implement, with cooperating nations and their agencies and organizations, a tsunami forecasting system that includes tsunami early detection and monitoring instrumentation integrated with modeling technology essential to producing real-time tsunami forecasts. (6) Utilize the forecasts developed under the tsunami forecasting system to form appropriate warnings, and rapidly disseminate such warnings to potentially affected nations. (7) Develop an appropriate warning communications system involving telephone, Internet, radio, fax, and other appropriate means to convey warnings as rapidly as possible to all potentially affected nations. (8) Work in partnership with the nations identified as described in paragraph (1), as needed, to develop, establish, and maintain appropriate educational and response planning partnerships to ensure that tsunami warnings are properly interpreted by officials in other nations and that coastal communities respond appropriately to tsunami warnings. (9) Seek funding assistance from participating nations to fund the sensor systems identified under section 4 and the ongoing operation and maintenance of such systems. (b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the strategy required under subsection (a). The report shall include the following: (1) The strategy. (2) The progress made on implementing the strategy. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated to carry out this Act as follows: (1) For fiscal year 2005, $30,000,000. (2) For each of fiscal years 2006 through 2014, $7,500,000.

Global Tsunami Detection and Warning System Act of 2005 - Requires the Secretary of Commerce, working with other specified Federal agency heads, to: (1) identify and eliminate (with international cooperation) deficiencies in existing systems of worldwide seismic stations that can identify in real or near real time potentially tsunamigenic earthquakes; (2) identify tsunami sensors that can be deployed to detect potential tsunamis generated by any type of disturbance and the number and location of such sensors that must be deployed to provide complete global coverage; (3) procure and deploy such sensors; (4) establish systems and infrastructure to process sensor signals; and (5) disseminate tsunami forecasts and warnings to potentially affected nations. Calls on the President to convene an international conference on global tsunami detection and warning unless a satisfactory international agreement has been reached. Requires the Secretary of State to implement a comprehensive strategy to: (1) identify coastal nations that have the potential to be affected by tsunamis; (2) identify appropriate contacts within the governments of those nations for disseminating tsunami warnings; (3) develop a structure for a Global Tsunami Warning System (GTWS) and an appropriate chain of command structure for GTWS warnings; (4) implement a tsunami forecasting system that includes specified technological capabilities for real-time forecasting; (5) use such forecasts to form and rapidly disseminate warnings; (6) develop a warning communications system; (7) work in partnership with specified nations to provide appropriate educational and response planning partnerships; and (8) seek funding assistance from participating nations. Requires reports to Congress on the measures mandated by this Act.

To provide for the development of a global tsunami detection and warning system, to improve existing communication of tsunami warnings to all potentially affected nations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pioneer National Historic Trails Studies Act''. SEC. 2. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. The National Trails System Act is amended by inserting after section 5 (16 U.S.C. 1244) the following new section: ``SEC. 5A. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING TRAILS FOR POSSIBLE TRAIL EXPANSION. ``(a) Definitions.--In this section: ``(1) The term `route' includes a trail segment commonly known as a cutoff. ``(2) 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. ``(b) General Rules.-- ``(1) Study requirements and objectives.--The study requirements and objectives specified in section 5(b) shall apply to a study required by this section. ``(2) Completion and submission of study.--Not later than three complete fiscal years after the date of the enactment of this section, the Secretary shall complete and submit to Congress the studies required by subsections (c) through (g). In the case of a study added to this section after that date, the study shall be completed and submitted to Congress not later than three complete fiscal years after the date of the enactment of the law adding the study to this section. ``(c) Oregon National Historic Trail.--The Secretary of the Interior shall undertake a study of certain routes of the Oregon Trail, as generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and 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. The routes to be studied under this subsection include the following: ``(1) Whitman Mission route. ``(2) Upper Columbia River. ``(3) Cowlitz River route. ``(4) Meek cutoff. ``(5) Free Emigrant Road. ``(6) North Alternate Oregon Trail. ``(7) Goodale's cutoff. ``(8) North Side alternate route. ``(9) Cutoff to Barlow Road. ``(10) Naches Pass Trail. ``(d) 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. ``(e) California National Historic Trail.--The Secretary of the Interior shall undertake a study of certain Missouri Valley, central, and western routes of the California Trail, as generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/ 1993, and 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. The routes to be studied under this subsection include the following: ``(1) Missouri valley routes.-- ``(A) Blue Mills-Independence Road. ``(B) Westport Landing Road. ``(C) Westport-Lawrence Road. ``(D) Fort Leavenworth-Blue River route. ``(E) Road to Amazonia. ``(F) Union Ferry Route. ``(G) Old Wyoming-Nebraska City cutoff. ``(H) Lower Plattsmouth Route. ``(I) Lower Bellevue Route. ``(J) Woodbury cutoff. ``(K) Blue Ridge cutoff. ``(L) Westport Road. ``(M) Gum Springs-Fort Leavenworth route. ``(N) Atchison/Independence Creek routes. ``(O) Fort Leavenworth-Kansas River route. ``(P) Nebraska City cutoff routes. ``(Q) Minersville-Nebraska City Road. ``(R) Upper Plattsmouth route. ``(S) Upper Bellevue route. ``(2) Central routes.-- ``(A) Cherokee Trail, including splits. ``(B) Weber Canyon route of Hastings cutoff. ``(C) Bishop Creek cutoff. ``(D) McAuley cutoff. ``(E) Diamond Springs cutoff. ``(F) Secret Pass. ``(G) Greenhorn cutoff. ``(H) Central Overland Trail. ``(3) Western routes.-- ``(A) Bidwell-Bartleson route. ``(B) Georgetown/Dagget Pass Trail. ``(C) Big Trees Road. ``(D) Grizzly Flat cutoff. ``(E) Nevada City Road. ``(F) Yreka Trail. ``(G) Henness Pass route. ``(H) Johnson cutoff. ``(I) Luther Pass Trail. ``(J) Volcano Road. ``(K) Sacramento-Coloma Wagon Road. ``(L) Burnett cutoff. ``(M) Placer County Road to Auburn. ``(f) Mormon Pioneer National Historic Trail.--The Secretary of the Interior shall undertake a study of certain routes of the Mormon Pioneer Trail, as generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and 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. The routes to be studied under this subsection include the following: ``(1) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa). ``(2) 1856-57 Handcart route (Iowa City to Council Bluffs). ``(3) Keokuk route (Iowa). ``(4) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. ``(5) Fort Leavenworth Road, including the Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants). ``(6) 1850 Golden Pass Road in Utah. ``(g) Shared California and Oregon Trail Routes.--The Secretary of the Interior shall undertake a study of certain shared routes of the California Trail and Oregon Trail, as generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and 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. The routes to be studied under this subsection include the following: ``(1) St. Joe Road. ``(2) Council Bluffs Road. ``(3) Sublette cutoff. ``(4) Applegate route. ``(5) Old Fort Kearny Road (Oxbow Trail). ``(6) Childs cutoff. ``(7) Raft River to Applegate.''.

Pioneer National Historic Trails Studies Act - Amends the National Trails System Act to require specified revisions of feasibility and suitability studies of certain existing National Historic Trails.Directs the Secretary to study the feasibility of designating certain routes and cutoffs for inclusion within the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails.

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. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL PRODUCTION. (a) Credit for Producing Oil and Gas From Marginal Wells.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. ``(a) General Rule.--For purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of-- ``(1) the credit amount, and ``(2) the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount is-- ``(A) $3 per barrel of qualified crude oil production, and ``(B) 50 cents per 1,000 cubic feet of qualified natural gas production. ``(2) Reduction as oil and gas prices increase.-- ``(A) In general.--The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(i) the excess (if any) of the applicable reference price over $14 ($1.40 for qualified natural gas production), bears to ``(ii) $4 ($0.40 for qualified natural gas production). The applicable reference price for a taxable year is the reference price for the calendar year preceding the calendar year in which the taxable year begins. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1999, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting `1998' for `1990'). ``(C) Reference price.--For purposes of this paragraph, the term `reference price' means, with respect to any calendar year-- ``(i) in the case of qualified crude oil production, the reference price determined under section 29(d)(2)(C), and ``(ii) in the case of qualified natural gas production, the Secretary's estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes of this section-- ``(1) In general.--The terms `qualified crude oil production' and `qualified natural gas production' mean domestic crude oil or natural gas which is produced from a marginal well. ``(2) Limitation on amount of production which may qualify.-- ``(A) In general.--Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel equivalents. ``(B) Proportionate reductions.-- ``(i) Short taxable years.--In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. ``(ii) Wells not in production entire year.--In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. ``(3) Definitions.-- ``(A) Marginal well.--The term `marginal well' means a domestic well which during the taxable year has marginal production (as defined in section 613A(c)(6)). ``(B) Crude oil, etc.--The terms `crude oil', `natural gas', `domestic', and `barrel' have the meanings given such terms by section 613A(e). ``(C) Barrel equivalent.--The term `barrel equivalent' means, with respect to natural gas, a conversion ratio of 6,000 cubic feet of natural gas to 1 barrel of crude oil. ``(d) Other Rules.-- ``(1) Production attributable to the taxpayer.--In the case of a marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer's revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. ``(2) Operating interest required.--Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest. ``(3) Production from nonconventional sources excluded.--In the case of production from a marginal well which is eligible for the credit allowed under section 29 for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 29 with respect to the well.''. (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the marginal oil and gas well production credit determined under section 45D(a).''. (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for marginal oil and gas well production credit.-- ``(A) In general.--In the case of the marginal oil and gas well production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the marginal oil and gas well production credit). ``(B) Marginal oil and gas well production credit.--For purposes of this subsection, the term `marginal oil and gas well production credit' means the credit allowable under subsection (a) by reason of section 45D(a).''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the marginal oil and gas well production credit'' after ``employment credit''. (d) Carryback.--Subsection (a) of section 39 of such Code (relating to carryback and carryforward of unused credits generally) is amended by adding at the end the following new paragraph: ``(3) 10-year carryback for marginal oil and gas well production credit.--In the case of the marginal oil and gas well production credit-- ``(A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit), ``(B) paragraph (1) shall be applied by substituting `10 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(C) paragraph (2) shall be applied-- ``(i) by substituting `31 taxable years' for `22 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `30 taxable years' for `21 taxable years'.''. (e) Coordination With Section 29.--Section 29(a) of such Code is amended by striking ``There'' and inserting ``At the election of the taxpayer, there''. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following item: ``45D. Credit for producing oil and gas from marginal wells.''. (g) Effective Date.--The amendments made by this section shall apply to production after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from marginal wells of: (1) $3 per barrel of qualified crude oil production; and (2) $.50 per 1,000 cubic feet of qualified natural gas production. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax.

To amend the Internal Revenue Code of 1986 to provide a tax credit for marginal oil and natural gas well production.