FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multidistrict Litigation Restoration Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) under section 1407 of title 28, United States Code (enacted April 29, 1968), the Judicial Panel on Multidistrict Litigation (in this section referred to as the ``Judicial Panel''), a group of 7 Federal judges selected by the Chief Justice of the United States, assists in the centralization of civil actions which share common questions of fact filed in more than 1 Federal judicial district nationwide; (2) civil actions described under paragraph (1)-- (A) often arise from mass single-action torts that cause death and destruction in which the plaintiffs are from many different States; and (B) often involve issues of critical importance to the Nation, including information technology, intellectual property, antitrust, contracts, and products liability cases; (3) the Judicial Panel-- (A) identifies the 1 United States district court (referred to in this section as the ``transferee court'') best equipped at adjudicating pretrial matters; and (B) after pretrial, remands individual civil actions back to the district where the civil action was originally filed unless that action has been previously terminated; (4)(A) for approximately 3 decades, the transferee court often invoked a general venue statute that authorizes a district court to transfer a civil action in the interest of justice and for the convenience of the parties and witnesses; (B) in effect, the transferee court simply transferred all of the civil actions for trial to itself; and (C) this process worked well because the transferee court was well-versed in the facts and law of the centralized litigation and the court could assist all parties to settle when appropriate; (5) in 1998, the United States Supreme Court held that the plain language of section 1407 of title 28, United States Code, requires the Judicial Panel to remand all civil actions for trial back to the respective districts from which such actions were originally referred; (6) the absence of authority to transfer a centralized civil action for trial hampers the Judicial Panel and transferee judges in their ability to achieve the important goals of section 1407 of that title promoting the just and efficient conduct of multidistrict litigation; (7) the Judicial Panel has inherent rulemaking authority to promulgate procedural rules pertaining to multidistrict litigation which the Judicial Panel has already exercised to ensure that when a centralization occurs all civil actions of a similar nature then filed and all later civil actions that may be filed are sent to 1 district court; (8) Congress has statutorily conferred the Judicial Panel with rulemaking authority for the conduct of its business not inconsistent with the United States Constitution, Acts of Congress, and the Federal Rules of Civil Procedure; and (9) in civil actions in which punitive damages are to be imposed, individual courts, including transferee courts, must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to plaintiffs and to the amount of compensatory damages received. (b) Purpose.--The purpose of this Act is to improve the litigation system in the Nation to allow a Federal judge to whom a civil action is transferred under section 1407 of title 28, United States Code, to retain jurisdiction over certain civil actions for trial to determine liability and compensatory and punitive damages, if appropriate, in compliance with due process requirements. SEC. 3. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended-- (1) in the third sentence of subsection (a), by inserting ``or ordered transferred to the transferee or other district under subsection (i)'' after ``terminated''; and (2) by adding at the end the following: ``(i)(1) Subject to paragraph (2) and except as provided in subsection (j), any action transferred under this section by the panel may be transferred for trial purposes, by the judge or judges of the transferee district to whom the action was assigned, to the transferee or other district in the interest of justice and for the convenience of the parties and witnesses. ``(2) Any action transferred for trial purposes under paragraph (1) shall be remanded by the panel for the determination of compensatory damages to the district court from which it was transferred, unless the court to which the action has been transferred for trial purposes also finds, for the convenience of the parties and witnesses and in the interests of justice, that the action should be retained for the determination of compensatory damages.''. SEC. 4. TECHNICAL AMENDMENT TO MULTIPARTY, MULTIFORM TRIAL JURISDICTION ACT OF 2002. Section 1407 of title 28, United States Code, as amended by section 3 of this Act, is further amended by adding at the end the following: ``(j)(1) In actions transferred under this section when jurisdiction is or could have been based, in whole or in part, on section 1369 of this title, the transferee district court may, notwithstanding any other provision of this section, retain actions so transferred for the determination of liability and punitive damages. An action retained for the determination of liability shall be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds, for the convenience of parties and witnesses and in the interest of justice, that the action should be retained for the determination of damages. ``(2) Any remand under paragraph (1) shall not be effective until 60 days after the transferee court has issued an order determining liability and has certified its intention to remand some or all of the transferred actions for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the transferee court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the transferee court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(3) An appeal with respect to determination of punitive damages by the transferee court may be taken, during the 60-day period beginning on the date the order making the determination is issued, to the court of appeals with jurisdiction over the transferee court. ``(4) Any decision under this subsection concerning remand for the determination of damages, other than punitive damages, shall not be reviewable by appeal or otherwise. ``(5) Nothing in this subsection shall restrict the authority of the transferee court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 5. EFFECTIVE DATE. (a) Multidistrict Litigation.--The amendments made by section 3 shall apply to any civil action pending on or brought on or after the date of the enactment of this Act. (b) Technical Amendment.--The amendment made by section 4 shall be effective as if enacted in section 11020(b) of the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (Public Law 107-273; 116 Stat. 1826 et seq.).

Multidistrict Litigation Restoration Act of 2005 [sic] - Amends the federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Requires that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages, unless the court determines the same justification applies to retaining the action for damages determination. Authorizes the transferee court to retain actions transferred, for the determination of liability and punitive damages, when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (which grants district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location). Requires that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the state court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.

A bill to amend title 28, United States Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Preventive Health Act of 1993''. SEC. 2. MEDICARE COVERAGE OF COMPREHENSIVE HEALTH ASSESSMENT. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (O); (2) by striking the semicolon at the end of subparagraph (P) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(Q) comprehensive health assessment (as defined in subsection (oo));''. (b) Comprehensive Health Assessment Defined.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``comprehensive health assessment ``(oo)(1) The term `comprehensive health assessment' means a procedure conducted by a primary care physician (as defined in paragraph (3)) that is provided to an individual enrolled under part B who elects to receive coverage for such assessment (at such time and in such manner as the Secretary may provide by regulation) and that consists of the following examinations, tests, and procedures: ``(A) The taking of a health history. ``(B) A physical examination, including an examination for height, weight, blood pressure, visual acuity, hearing, and palpation for pre-clinical disease. ``(C) Laboratory and screening procedures, including-- ``(i) nonfasting total blood cholesterol; ``(ii) fecal occult blood testing, and ``(iii) sigmoidoscopy (in accordance with a periodicity schedule established by the Secretary). ``(D) Counseling services, including counseling relating to-- ``(i) exercise; ``(ii) smoking cessation; ``(iii) substance abuse prevention; ``(iv) injury prevention; ``(v) dental health; ``(vi) prescription drug use; ``(vii) the need to visit eye specialists for glaucoma testing; ``(viii) diet; ``(ix) in the case of women, the need for regular mammograms and pap smears; and ``(x) in the case of individuals identified as being at high risk for specific medical conditions, counseling for-- ``(I) estrogen replacement therapy, ``(II) aspirin therapy, and ``(III) skin protection from ultraviolet light. ``(2) For purposes of this subsection, the term `primary care physician' includes a physician (described in section 1861(r)(1)) who is a family practitioner, general practitioner, internal medicine specialist, general preventive medicine specialist, obstetrical or gynecological specialist, pediatrician.''. (c) Amount of Payment; Waiver of Copayment.--(1) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``1834(h)(1), (M)'' and inserting ``1834(h)(1), (N)''; (B) by striking ``(r)(2)) and (N)'' and inserting ``(r)(2)), (O)''; and (C) by striking the semicolon at the end and inserting the following: ``, and (P) with respect to expenses incurred for a comprehensive health assessment (as described in section 1861(oo)), the amounts paid shall be 100 percent of the reasonable charge for such assessment or the fee schedule amount determined under section 1848 for such assessment;''. (2) The second to last sentence of section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``with the first opinion),'' the following: ``with respect to a comprehensive health assessment (as described in section 1861(oo)),''. (d) Financing Through Increase in Part B Premium.--Section 1839 of such Act (42 U.S.C. 1395r) is amended by adding at the end the following new subsection: ``(g) Notwithstanding any other provision of this section, in the case of an individual enrolled under this part who elects to receive coverage for a comprehensive health assessment pursuant to section 1861(oo)(1) for months in a calendar year, the amount of the monthly premium otherwise applicable to the individual under this section for months in such year shall be increased by such amount as the Secretary determines to be necessary to ensure that the amount of expenditures made under this part during the year as a result of the enactment of the Older Americans Preventive Health Act of 1993 will not exceed the amount of expenditures that would have been made under this part during the year if such Act had not been enacted into law.''. (e) Effective Date.--The amendments made by this sections shall apply to services furnished on or after January 1, 1994. SEC. 2. MEDICARE COVERAGE OF CERTAIN IMMUNIZATIONS. (a) In General.--Section 1861(s)(10) of the Social Security Act (42 U.S.C. 1395x(s)(10)) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a comma; (2) in subparagraph (B), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(C) such immunizations as the Secretary designates for prevention or treatment of tuberculosis, meningococcal meningitis, tetanus, diptheria, and such other infectious diseases as the Secretary determines present a public health problem, furnished to individuals who, as determined in accordance with regulations promulgated by the Secretary, are at high risk of contracting any of such diseases;''. (b) Waiver of Copayment.--(1) Section 1833(a)(1)(B) of such Act (42 U.S.C. 1395l(a)(1)(B)) is amended by striking ``1861(s)(10)(A)'' and inserting ``1861(s)(10)''. (2) The third sentence of section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by striking ``1861(s)(10)(A)'' and inserting ``1861(s)(10)''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after January 1, 1994. SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR PROVISION OF EDUCATION AND INFORMATION REGARDING CANCER. Section 408(a)(1) of the Public Health Service Act (42 U.S.C. 284c(a)(1)) is amended by adding at the end the following new subparagraph: ``(C)(i) Subject to clause (ii), for the purpose of providing under sections 412 and 413 education and information regarding cancer to health professionals and the public, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1996. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriations that is available for such purpose. ``(ii) In carrying out the purpose described in clause (i) with amounts appropriated under such clause, the Director of the Cancer Institute shall give priority to carrying out the purpose with respect to low-income individuals.''.

Older Americans Preventive Health Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of a comprehensive health assessment and certain immunizations under Medicare part B (Supplementary Medical Insurance). Amends the Public Health Service Act to authorize additional appropriations for the provision of education and information regarding cancer to health professionals and the public.

Older Americans Preventive Health Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Care for Our Wounded Warriors Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) An estimated one in six members of the Armed Forces returning from service in Iraq or Afghanistan has a diagnosable condition of post-traumatic stress disorder (PTSD). (2) One in ten members of the Armed Forces who have served in Iraq or Afghanistan may suffer from a traumatic brain injury (TBI). (3) Since 2001, approximately 1,500,000 members of the Armed Forces have been deployed in support of the conflicts in Iraq and Afghanistan, of whom approximately one-third have served at least two tours of duty, 70,000 have served three tours of duty, and 20,000 have served at least five tours of duty. (4) Currently, there are 700,000 children in the United States with at least one parent deployed to support ongoing military operations in Iraq and Afghanistan. (5) The Department of Defense is facing a shortage of mental health professionals. The Department has had as many as 450 psychologists on active duty in the Armed Forces in past years. However, the Department currently has only 350 psychologists on active duty in the Armed Forces in support of combat operations. (6) The demands placed on the Department of Defense mental health system exceed its capacity to provide services in a timely manner to all those in need. (7) The long-term costs of treating members of the Armed Forces returning from Iraq and Afghanistan could ultimately reach $700,000,000,000, with post-traumatic stress disorder projected to be one of the most expensive conditions to treat. (8) Women now constitute 16 percent of the members of the Armed Forces and are assigned to 90 percent all military occupations. As a result, there is a need for research on whether or not women in combat roles have unique mental health needs that should be addressed by the mental health system of the Department of Defense. (9) More than 25 percent of the members of the Armed Forces deployed in support combat operations in Iraq and Afghanistan are ethnic minorities. There is a need for research on whether or not minorities have unique mental health needs that should be addressed by the mental health system of the Department of Defense. (10) Three out of every five deployed members of the Armed Forces have a spouse, child, or both. However, there is a paucity of research on the mental health needs of members of the Armed Forces and their families. (11) Approximately 40 percent of the billets for licensed clinical psychologists in the Army are vacant, and there are shortages in other mental health professions, including psychiatry and clinical social work. (12) The long-term needs associated with mental health conditions and brain injuries will require a robust mental health professional workforce. SEC. 3. SENSE OF CONGRESS ON MENTAL HEALTH OF THE MEMBERS OF THE ARMED FORCES. It is the sense of Congress that-- (1) members of the Armed Forces deserve the best possible treatment for injuries sustained while in service to the United States; (2) injuries sustained by members of the Armed Forces in combat produce both physical and mental illnesses; (3) members of the Armed Forces should have access to mental health providers to facilitate their treatment for mental illness sustained during combat; (4) mental health disorders, such as post-traumatic stress disorder (PTSD), incurred by members of the Armed Forces in combat should be treated with an urgency similar to physical ailments incurred by such members in combat; (5) there is a need to train, recruit, and retain more psychologists, social workers, psychiatrists, neurologists, and other health care professionals to diagnose and provide short- term and long-term care for members of the Armed Forces with mental health conditions, including traumatic brain injuries (TBIs), sustained in combat; and (6) there is a continued need for-- (A) basic science research on post-traumatic stress disorder, traumatic brain injury, and other combat- related conditions; (B) the development of new treatments for post- traumatic stress disorder, traumatic brain injury, and other combat-related conditions; (C) the dissemination of best practices for treating and managing post-traumatic stress disorder, traumatic brain injury, and other combat-related conditions; and (D) a long-term strategy for education, training, recruitment, and retention for the mental health workforce of the Department of Defense in order to expand and improve that workforce. SEC. 4. CENTERS OF EXCELLENCE IN MILITARY MENTAL HEALTH. (a) Establishment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Centers of Excellence in Military Mental Health ``(a) In General.--The Secretary of Defense shall establish within the Department of Defense at least two centers of excellence in military mental health to carry out the responsibilities specified in subsection (c). Each such center shall be known as a `Center of Excellence in Military Mental Health'. ``(b) Partnerships.--The Secretary shall authorize each Center of Excellence in Military Mental Health to enter into such partnerships, agreements, or other arrangements as the Secretary considers appropriate with institutions of higher education and other appropriate public and private entities to carry out the responsibilities specified in subsection (c). ``(c) Responsibilities.--Each Center of Excellence in Military Mental Health shall have responsibilities as follows: ``(1) To direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, identification, and treatment of combat-related mental health conditions and brain injuries, with an emphasis on post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). ``(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of combat-related mental health conditions and brain injuries, including post-traumatic stress disorder, traumatic brain injury, acute depression, and substance abuse. ``(3) To provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces. ``(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of combat- related mental health conditions and brain injuries. ``(5) To facilitate advancements in the study of the short- term and long-term psychological effects of traumatic brain injury. ``(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals. ``(7) To develop a strategic plan to reduce the stigma among members of the armed forces regarding the presence of mental illness or other mental health conditions in such members. ``(8) To conduct basic science and translational research on combat-related mental health conditions and brain injuries for the purposes of understanding the etiology of such conditions and injuries and developing preventive interventions and new treatments. ``(9) To develop outreach strategies and treatments for families of members of the armed forces with combat-related mental health conditions or brain injuries in order to mitigate the negative impacts of such conditions and injuries on such family members and to support the recovery of such members from such conditions and injuries. ``(10) To conduct research on the unique mental health needs of women members of the armed forces who serve in combat zones and develop treatments to meet any needs identified through such research. ``(11) To conduct research on the unique mental health needs of ethnic minority members of the armed forces who serve in combat and develop treatments to meet any needs identified through such research. ``(12) To conduct research on the mental health needs of families of members of the armed forces who are deployed to combat zones and develop treatments to meet any needs identified through such research. ``(13) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the long-term needs of members of the armed forces with combat-related mental health conditions or brain injuries. ``(14) Such other responsibilities as the Secretary shall specify.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item: ``1105a. Centers of Excellence in Military Mental Health.''. (3) Report on establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the establishment of Centers of Excellence in Military Mental Health under section 1105a of title 10, United States Code (as added by paragraph (1)). The report shall-- (A) set forth the number and location of the Centers of Excellence in Military Mental Health so established; (B) for each Center so established, describe in detail the activities and proposed activities of such Center; and (C) assess the general progress of the Centers in discharging the responsibilities set forth in that section. (b) Oversight.-- (1) Board of oversight.--The Secretary of Defense shall establish a board to oversee the activities of the Centers of Excellence in Military Mental Health of the Department of Defense established under section 1105a of title 10, United States Code (as added by subsection (a)). The board shall be known as the ``Board of Oversight of Excellence in Military Mental Health'' (in this subsection referred to as the ``Board''). (2) Membership.-- (A) Required members.--The members of the Board shall include the following: (i) The director of each Center of Excellence in Military Mental Health. (ii) The commanding officer of Walter Reed Army Medical Center, District of Columbia. (iii) The Surgeon General of the Army, the Surgeon General of the Navy, and the Surgeon General of the Air Force. (iv) The Assistant Secretary of Defense for Health Affairs. (B) Authorized members.--With the joint approval of the Secretary of Defense and the Secretary of Veterans Affairs, the members of the Board may include any of the following: (i) The Under Secretary of Veterans Affairs for Health. (ii) Any director of a polytrauma center of the Department of Veterans Affairs. (3) Meetings.--The Board shall meet not less often than four times each year. (4) Responsibilities.--The responsibilities of the Board shall include the following: (A) To consider and evaluate proposals of the Centers of Excellence in Military Mental Health in the discharge of the responsibilities of such Centers. (B) To develop mechanisms for the dissemination and implementation of recommendations and best practices on military mental health developed by the Centers of Excellence in Military Mental Health. (C) Such other responsibilities as the Secretary shall establish for purposes of this section. SEC. 5. PERSONNEL SHORTAGES IN MENTAL HEALTH WORKFORCE OF THE DEPARTMENT OF DEFENSE. (a) Recommendations on Means of Addressing Shortages.-- (1) Report.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the recommendations of the Secretary for such legislative or administrative actions as the Secretary considers appropriate to address current personnel shortages in the mental health workforce of the Department of Defense. (2) Elements.--The report required by paragraph (1) may include recommendations on the following: (A) Enhancements or improvements of financial incentives for personnel in the mental health workforce of the Department of Defense in order to enhance the recruitment and retention of such personnel, including recruitment, accession, or retention bonuses and scholarship, tuition, and other financial assistance. (B) Modifications of service obligations of personnel in the mental health workforce. (C) Such other matters as the Secretary considers appropriate. (b) Recruitment.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement programs to recruit qualified individuals in mental health fields to service in the Armed Forces as mental health personnel of the Armed Forces.

Mental Health Care for Our Wounded Warriors Act - Expresses the sense of Congress that: (1) members of the Armed Forces (members) deserve the best possible treatment for mental and physical illnesses and injuries sustained while in military service; (2) members should have access to mental health providers; (3) mental health disorders such as post-traumatic stress disorder (PTSD) should be treated with an urgency similar to physical ailments incurred by members; (4) there is a need to recruit, train, and retain more mental health care professionals to diagnose and treat members; and (5) there is a continued need for research, new treatments, and best practices for treating PTSD, as well as a long-term strategy for recruiting, training, and retaining the mental health workforce of the Department of Defense (DOD). Directs the Secretary of Defense to establish at least two centers of excellence in military mental health for, among other things, the development and implementation of DOD strategy for the prevention, identification, and treatment of combat-related mental health conditions, with an emphasis on PTSD and traumatic brain injury. Requires a report from the Secretary to the congressional defense committees on appropriate actions to address current personnel shortages in the DOD mental health workforce.

A bill to improve mental health care for wounded members of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reliable and Effective Growth for Regenerative Health Options that Improve Wellness'' or the ``REGROW Act''. SEC. 2. CELLULAR THERAPEUTICS. (a) Current Pathways.--Nothing in this Act, or the amendments made by this Act, shall be applied or interpreted as restricting or otherwise modifying any pathway to market which is (as of the day immediately before the date of enactment of this Act) provided under regulations promulgated by the Food and Drug Administration, including pathways under sections 351 and 361 of the Public Health Service Act (42 U.S.C. 262 and 264). (b) Approval for Therapies.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding after section 351A the following: ``SEC. 351B. APPROVAL FOR CELLULAR THERAPIES. ``(a) Conditional Approval of Cellular or Tissue Therapeutic.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a program to conditionally approve a cellular therapeutic product if the sponsor of such product demonstrates preliminary clinical evidence of safety, and a reasonable expectation of effectiveness, without initiation of phase III investigations. ``(b) Additional Requirements for Conditional Approval.--A conditionally approved product under subsection (a) shall, for a 5-year conditional use period, be manufactured, introduced into interstate commerce, and used consistent with the regulations in effect at the time of such use, including good manufacturing practices, without the approval of an application under section 351(a), if all of the following apply: ``(1) Such cells or tissues are adult human cells or tissues. ``(2) Such cells or tissues have been evaluated to examine immunogenicity and do not provoke a significant unintended immune response in the recipient. ``(3) Such cells or tissues are-- ``(A) minimally manipulated for a nonhomologous use; or ``(B) more-than-minimally manipulated for a homologous or nonhomologous use, but are not genetically modified. ``(4) Such cells or tissues are produced for a specific indication. ``(5) Such cells or tissues are produced exclusively for a use that performs, or helps achieve or restore, the same, or similar, function in the recipient as in the donor. ``(6) Within 5 years of the safety and effectiveness determination described in this section, the sponsor of the conditionally approved new product prepares and submits an application for approval of a biological product under section 351(a), demonstrating potency, purity, safety, and efficacy of the use. The Secretary may permit continued use of such product until the Secretary completes the review of the application and makes a determination. Upon a determination by the Secretary not to approve the application, use of the cellular therapeutic shall not be permitted. ``(7) During the conditional approval period, and before approval of an application under section 351(a), the sponsor shall prepare and submit annual reports and adverse event reports to the Secretary containing all the information required for approved biological products. ``(8) The sponsor has submitted an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for the treatment of the patients during the 5-year conditional use period. ``(9) The sponsor has not previously received conditional approval for such product for the same indication. ``(c) Informed Use.--The individual administering a product approved under subsection (b) shall inform each individual who uses such product that the product has been conditionally approved based on studies in a limited population, without proof of efficacy, and that the Secretary is requiring additional studies of the product. ``(d) Stem Cell Banking.--To be eligible to provide cells for the uses described under subsection (b), public and private cord blood banks, tissue banks, and bone marrow repositories shall be in full compliance with good tissue practice requirements under part 1271 of title 21, Code of Federal Regulations (or successor regulations), as applicable.''. SEC. 3. DEVICES USED IN RECOVERY, PROCESSING, AND DELIVERY OF CELLULAR THERAPEUTICS. (a) Clearance.--Section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)) is amended-- (1) in paragraph (1), by striking ``, and'' and inserting ``;''; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) in the case of a cellular therapeutic described in section 351B(a) of the Public Health Service Act, the general function of the device used for the recovery, isolation, processing, or delivery of such cellular therapeutic.''. (b) Clearance or Approval of Cellular Therapeutics.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515A the following: ``SEC. 515B. CLASSIFICATION OF CELLULAR THERAPEUTICS. ``Clearance or approval of a device that is a cellular therapeutic described in section 351B(a) of the Public Health Service Act shall be based on in vitro performance testing and not in vivo human clinical trials, as appropriate. The Secretary shall classify devices in accordance with section 513 used for cell therapy (as described in section 351B(a) of the Public Health Service Act), focusing on the general use of such devices for harvesting, delivery, or processing cells and sustaining the viability and functions of the cells in vivo. The classification regulation shall not require that such devices be cleared under section 510(k) or approved under section 515 for use with only specific types of cells or for specific uses unless unique to the intended use of the device. If the Secretary determines that no predicate exists, or that a device classified as class III is sufficiently low risk to justify a lower classification, the Secretary shall apply the procedure outlined in section 513(f)(2) to permit the review and marketing of the device.''. (c) Combination Products.--Section 503(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)(1)) is amended-- (1) in subparagraph (B), by striking ``or''; (2) in subparagraph (C), by striking the period and inserting ``, or''; and (3) by adding at the end the following: ``(D) cellular components, the agency center charged with premarket review of biological products shall have primary jurisdiction.''. SEC. 4. GUIDANCE; AMENDED REGULATIONS. (a) Guidance.--Within 1 year of the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') may issue draft guidance on clarifying the requirements with respect to cellular therapeutics, as set forth in section 351B of the Public Health Service Act, as added by section 2, and devices used in processing or delivery of cellular therapeutics, as set forth in section 510(k)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)(3)) and section 515B of such Act, as added by section 3(b). The Secretary shall issue final guidance not later than 180 days after the close of the comment period (including any extensions of such period) for the draft guidance. Such comment period may not exceed 60 days. (b) Amended Regulations.-- (1) In general.--If the Secretary determines that it is appropriate to amend the regulations under title 21, Code of Federal Regulations, in order to clarify the requirements of section 351B of the Public Health Service Act, as added by section 2, the Secretary shall amend such regulations not later than 1 year after the date of enactment of this Act. (2) Procedure.--In amending regulations under paragraph (1), the Secretary shall-- (A) issue a notice of proposed rulemaking that includes the proposed regulations; (B) provide a period of not more than 60 days for comments on the proposed regulations; and (C) publish the final regulations not less than 30 days before the effective date of such regulations. (c) Public Meeting.--In carrying out this Act, including the amendment made by section 2 and the amendments made by section 3, the Secretary, not later than 90 days after the date of enactment of this Act, shall have not less than 1 public meeting on the relevant regulatory policies relating to cell and tissue products, including any changes to such policies necessary to encourage innovation and regulatory certainty with regard to the development of regenerative medicine products. SEC. 5. REGENERATIVE MEDICINE STANDARDS. The Secretary shall work with stakeholders, including regenerative product manufacturers, academic institutions, standards setting organizations, and the National Institute of Standards and Technology, to promote and facilitate an effort to develop, through a transparent public process, standards that will facilitate regulatory predictability regarding manufacturing processes and controls for regenerative medicine products.

Reliable and Effective Growth for Regenerative Health Options that Improve Wellness or the REGROW Act This bill amends the Public Health Service Act to require the Food and Drug Administration (FDA) to conditionally approve certain cellular therapeutic products without initiation of large-scale clinical trials. A conditionally approved cellular therapy may be marketed if certain conditions are met, including conditions on the source, processing, and function of the cells in the product. The sponsor of a conditionally approved cellular therapy must apply for approval of the product as a biological product within five years. Unless the FDA has decided not to approve the product, the product may be marketed during this five-year period and the FDA may permit continued marketing while the application is being reviewed. An individual administering a conditionally approved cellular therapy must inform the recipient regarding conditional approval. The premarket report for a medical device used for cellular therapy must include specified information regarding the preparation or delivery of the cellular therapy. The approval of a medical device that is a cellular therapy must be based on laboratory performance testing and not clinical trials. A medical device used for cellular therapy is subject to medical device classification. The FDA must not limit the use of these devices to only specific cell types unless unique to the use of the device. The Center for Biologics Evaluation and Research has primary jurisdiction for premarket review of combination products that act primarily through cellular components. The Department of Health and Human Services must work with stakeholders to promote the development of standards for regenerative medicine products.

REGROW Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Law Enforcement Armor Act'' or the ``PLEA Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Law enforcement is facing a threat from handguns and accompanying ammunition, which are designed to penetrate police body armor, being marketed and sold to civilians. (2) A Five-seveN Pistol and accompanying ammunition, manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm System'', has recently been recovered by law enforcement on the streets. The Five-seveN Pistol is legally available for purchase by civilians under current law. (3) The Five-seveN Pistol is capable of penetrating level IIA armor. The manufacturer advertises that ammunition fired from the Five-seveN will perforate 48 layers of Kevlar up to 200 meters and that the ammunition travels at 2,100 feet per second. (4) The Five-seveN Pistol, and similar handguns designed to use ammunition capable of penetrating body armor, pose a devastating threat to law enforcement. (b) Purpose.--The purpose of this Act is to protect the Nation's law enforcement officers by-- (1) testing handguns and ammunition for capability to penetrate body armor; and (2) prohibiting the manufacture, importation, sale, or purchase by civilians of the Five-seveN Pistol, ammunition for such pistol, or any other handgun that uses ammunition found to be capable of penetrating body armor. SEC. 3. ARMOR-PIERCING HANDGUNS TREATED THE SAME AS MACHINEGUNS FOR PURPOSES OF ALL FEDERAL CRIMINAL LAWS RELATING TO FIREARMS. (a) Definition of Armor-Piercing Handgun.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `armor-piercing handgun' means any handgun that fires ammunition that the Attorney General determines is capable of penetrating body armor when fired from such handgun pursuant to section 926(d) of this title.''. (b) Determination of Ability To Penetrate Body Armor.--Section 926 of such title is amended by adding at the end the following: ``(d)(1) Not later than 1 year after the date of enactment of this subsection, the Attorney General shall promulgate standards for the uniform testing of firearms and ammunition for their ability to penetrate the Body Armor Exemplar. ``(2) The standards promulgated pursuant to this subsection shall take into account variations in performance relating to the size of the firearm and ammunition, the propellant included in the ammunition, the material composition of the bullet, the length of the barrel of the firearm, the current or historical marketing of the firearm's capabilities, and any other considerations the Attorney General deems relevant, except that in no case shall a handgun capable of piercing the Body Armor Exemplar be deemed exempt from any restrictions under this title by reason of sporting use. ``(3) The standards promulgated pursuant to this subsection shall recognize that the Fabrique Nationale Herstal Five-seveN and Five-seveN MK2 handguns were purposefully designed to fire ammunition capable of penetrating body armor. ``(4) As used in this subsection, the term `Body Armor Exemplar' means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers.''. (c) Inclusion in Definition of Firearm.--Section 921(a)(3)(A) of such title is amended by inserting ``, including an armor-piercing handgun'' before the semicolon. (d) Ban on Possession or Transfer.--Section 922(o) of such title is amended-- (1) in paragraph (1), by inserting ``or armor-piercing handgun'' after ``machinegun''; and (2) in paragraph (2)-- (A) by striking ``or'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (C) by adding at the end the following: ``(C) any otherwise lawful transfer or otherwise lawful possession of an armor-piercing handgun that was lawfully possessed before the date this subparagraph takes effect.''. (e) Ban on Unauthorized Transport in Interstate or Foreign Commerce.--Section 922 of such title is amended in each of subsections (a)(4) and (b)(4) by inserting ``armor-piercing handgun,'' before ``machinegun''. (f) Enhanced Penalties for Using, Carrying, or Possessing During and in Relation to a Crime of Violence or Drug Trafficking Crime.-- Section 924(c)(1) of such title is amended in each of subparagraphs (B)(ii) and (C)(ii) by inserting ``, an armor-piercing handgun,'' after ``machinegun''. (g) Penalties for Conspiring To Commit an Offense Subject to Certain Enhanced Penalties.--Section 924(o) of such title is amended by inserting ``, armor-piercing handgun,'' after ``machinegun''. (h) Exception From Requirement To Allow Importation of an Unserviceable Firearm That Is a Curio or Museum Piece.--Section 925(d)(2) of such title is amended by inserting ``an armor-piercing handgun or'' before ``a machinegun''. (i) Exception From Concealed Firearms Allowed To Be Carried by Qualified Law Enforcement Officers.--Section 926B(e)(3) of such title is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following: ``(B) any armor-piercing handgun;''. (j) Exception From Concealed Firearms Allowed To Be Carried by Qualified Retired Law Enforcement Officers.--Section 926C(e)(1)(C) of such title is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and inserting after clause (i) the following: ``(ii) any armor-piercing handgun;''.

Protect Law Enforcement Armor Act or the PLEA Act This bill requires the Department of Justice (DOJ) to promulgate regulations for the uniform testing of firearms for their ability to penetrate the Body Armor Exemplar, which shall take into consideration various enumerated factors and any other considerations DOJ deems relevant, except in no case shall a handgun capable of piercing the Body Armor Exemplar be deemed exempt from any restrictions under federal firearms laws by reason of sporting use. The bill makes it unlawful to transfer or possess an armor-piercing handgun subject to several exceptions. The bill exempts such handguns from this prohibition if they are lawfully possessed before the date this bill becomes effective. The bill also prohibits any person from transporting in interstate or foreign commerce any armor-piercing handgun or any licensed importer, manufacturer or dealer from selling or delivering such handguns except as specifically authorized by DOJ consistent with public safety and necessity. Persons who use, carry, or possess an armor-piercing handgun in relation to any crime of violence or drug trafficking crime shall, in addition to the punishment provided for such crime, be subject to a 30-year mandatory minimum sentencing enhancement, and in the case of a second or subsequent conviction shall be imprisoned for life. Any person who conspires to commit such a crime shall be imprisoned for any term of years or life. The exemption allowing qualified law enforcement officers and qualified retired law enforcement officers to carry a concealed firearm does not apply to armor-piercing handguns.

Protect Law Enforcement Armor Act

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Marriage Tax Relief Reconciliation Act of 2000''. (b) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (1) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (2) by adding ``or'' at the end of subparagraph (B); (3) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (4) by striking subparagraph (D). (b) Technical Amendments.-- (1) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (2) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT AND 28-PERCENT RATE BRACKETS. (a) In General.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Phaseout of marriage penalty in 15-percent and 28- percent rate brackets.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2001, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income amount in the 15-percent rate bracket, the minimum and maximum taxable income amounts in the 28- percent rate bracket, and the minimum taxable income amount in the 31-percent rate bracket in the table contained in subsection (a) shall be the applicable percentage of the comparable taxable income amounts in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under clause (i). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2002................................... 170.3 2003................................... 173.8 2004................................... 180.0 2005................................... 183.2 2006................................... 185.0 2007 and thereafter.................... 200.0. ``(C) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (2) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Phaseout of Marriage Penalty in 15-Percent and 28-Percent Rate Brackets;'' before ``Adjustments''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT. (a) In General.--Paragraph (2) of section 32(b) of the Internal Revenue Code of 1986 (relating to percentages and amounts) is amended-- (1) by striking ``Amounts.--The earned'' and inserting ``Amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned''; and (2) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the phaseout amount determined under subparagraph (A) shall be increased by $2,500.''. (b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) of such Code (relating to inflation adjustments) is amended to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsections (b)(2)(A) and (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of the $2,500 amount in subsection (b)(2)(B), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Rounding.--Section 32(j)(2)(A) of such Code (relating to rounding) is amended by striking ``subsection (b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased under subparagraph (B) thereof)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 5. PRESERVE FAMILY TAX CREDITS FROM THE ALTERNATIVE MINIMUM TAX. (a) In General.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 (relating to limitation based on tax liability; definition of tax liability) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed for the taxable year by section 55(a).''. (b) Conforming Amendments.-- (1) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 32 of such Code is amended by striking subsection (h). (3) Section 904 of such Code is amended by striking subsection (h) and by redesignating subsections (i), (j), and (k) as subsections (h), (i), and (j), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. COMPLIANCE WITH BUDGET ACT. (a) In General.--Except as provided in subsection (b), all amendments made by this Act which are in effect on September 30, 2005, shall cease to apply as of the close of September 30, 2005. (b) Sunset for Certain Provisions Absent Subsequent Legislation.-- The amendments made by sections 2, 3, 4, and 5 of this Act shall not apply to any taxable year beginning after December 31, 2004.

(Sec. 2) Amends the Internal Revenue Code to provide that the basic standard deduction for a married couple filing jointly shall be twice the basic standard deduction for an unmarried individual, beginning in 2001. (Sec. 3) Provides that the 15 and 28 percent regular income tax bracket for a married couple filing jointly shall be twice the size of the corresponding bracket for an unmarried individual. Sets forth a graduated phase-in beginning in 2002 and fully effective in 2007. (Sec. 4) Increases the beginning point of the phase-out range of the earned income credit for married couples filing jointly by $2,500, beginning in 2001. (Sec. 5) Revises provisions concerning the allowance of nonrefundable personal tax credits to provide that the aggregate amount of such credits shall not exceed the sum of: (1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit; and (2) the alternative minimum tax. (Sec. 6) Sets forth "Budget Act" compliance provisions (sunset provisions).

Marriage Tax Relief Reconciliation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse of Tomorrow Act of 2001''. SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT. (a) Nurse Retention and Recruitment.-- (1) In general.--Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended by inserting at the end the following: ``PART H--NURSE RETENTION AND RECRUITMENT ``SEC. 851. NURSE RECRUITMENT AND RETENTION GRANTS. ``(a) In General.--The Secretary may award grants to hospitals, nursing facilities, home health agencies, and hospices that are experiencing shortages in nursing personnel to meet the costs of--3. ``(1) providing skills training and career development of nurses to encourage them to work in clinical specialty areas experiencing shortages; ``(2) providing grants to encourage nurses to upgrade their skills to enable them to work in clinical specialty areas experiencing shortages; ``(3) providing tuition reimbursement for nurses who pursue study towards a bachelors degree, masters degree, or PHD in nursing or for other health care workers who pursue associate degrees in nursing; ``(4) providing grants to support externships and internships for student nurses; ``(5) providing grants to train nurses who have not been practicing nursing for a period of at least five years and who make a commitment to work for a multiyear period; and ``(6) creating other nurse retention and recruitment strategies the Secretary deems appropriate. ``(b) Preference.--In awarding grants under this section, the Secretary shall give preference to applicants in financial need as demonstrated by low or negative operating margins.''. (2) Authorization of appropriations.--Section 841 of the Public Health Service Act (42 U.S.C. 297q) is amended by adding at the end the following: ``(f) Part H.--For the purposes of carrying out part H, there are authorized to be appropriated $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. (b) Strengthening Capacity for Basic Nurse Education and Practice.-- (1) In general.--Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by inserting at the end the following sections: ``SEC. 832. BASIC NURSE EDUCATION EXPANSION GRANTS. ``(a) In General.--The Secretary may award grants to and enter into contracts with schools of nursing, including single-purpose degree or certificate granting institutions for nursing affiliated with hospitals for the purpose of expanding the number of students provided basic nurse education at such schools. ``(b) Preference.--In awarding grants under this section, the Secretary shall give preference to applicants that-- ``(1) have demonstrated the ability to recruit and create a diverse student body; ``(2) provide remedial education to help students with diverse needs and backgrounds to master the language, reading, math, and computer skills necessary to attain a license; ``(3) provide the Secretary with a plan to recruit nurse aides, licensed practical nurses, and other health care workers; ``(4) provide the Secretary with a plan to build technologically modern classrooms and laboratories to enable students to learn the latest technologies, including medical error reduction technologies; and ``(5) provide the Secretary with a detailed plan to substantially expand the number of students enrolled in the school over a four-year period. ``SEC. 833. NURSE EDUCATION ENCOURAGEMENT GRANTS. ``The Secretary may award grants to State departments of health, State departments of education, collegiate schools of nursing, associate degree schools of nursing, diploma schools of nursing, hospital, home health, hospice, or nursing facility or other professional associations, hospitals, or nursing facilities to enable such entities to work with local school districts to develop programs to encourage secondary school students to choose nursing as a profession.''. (2) Authorization of Appropriations.--Section 841 of the Public Health Service Act (42 U.S.C. 297q), as amended by subsection (a)(2) of this section, is amended-- (A) in subsection (a), by striking ``parts B, C, and D'' and inserting the following: ``parts B and C and section 831 of part D''; and (B) by adding at the end the following subsection: ``(g) Certain Programs Under Part D.--For the purpose of carrying out sections 832 and 833 of part D, there are authorized to be appropriated $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. (c) Loan Repayment Program.--Section 846(g) of the Public Health Service Act (42 U.S.C. 297n(g)) is amended by striking ``there are authorized'' and all that follows and inserting the following: ``there is authorized to be appropriated $5,000,000 for each of the fiscal years 2002 through 2006.''. SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986. (a) Refundable Credit for Certain Nurses.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CERTAIN NURSES. ``(a) In General.--In the case of an individual who is an eligible nurse at any time during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle the amount determined under subsection (b). ``(b) Amount of Credit.-- ``(1) In general.--The amount of credit determined under this subsection for a taxable year is $2,000. ``(2) Partial years.--In the case of an individual who is an eligible nurse for less than an entire taxable year, the amount of credit determined under this subsection is the amount which bears the same ratio to $2,000 as the number of days during the taxable year that the individual is such a nurse bears to 365. ``(c) Eligible Nurse.--For purposes of this section, the term `eligible nurse' means any individual who is employed as a nurse at-- ``(1) a hospital; ``(2) a skilled nursing facility (as defined in section 1819(a) of the Social Security Act); ``(3) a nursing facility (as defined in section 1919(a) of the Social Security Act); ``(4) a home health agency (as defined in section 1861 of the Social Security Act); or ``(5) a hospice program (as defined in section 1861 of the Social Security Act).''. (2) Conforming amendments.-- (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Certain nurses. ``Sec. 36. Overpayments of tax.''. (3) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2001. (b) Exclusion From Gross Income of Amounts Received Under Nurse Loan Repayment Program.-- (1) In general.--Section 117 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Certain nurse loan payments under public health service act.--Gross income shall not include any amount received under section 846 of the Public Health Service Act.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to amounts received by an individual in taxable years beginning after December 31, 2001.

Nurse of Tomorrow Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human services to make grants for: (1) nurse recruitment and retention; (2) basic nurse education; and (3) nurse education encouragement.Amends the Internal Revenue Code to: (1) provide a refundable tax credit for certain nurses; and (2) exclude from gross income certain amounts received under the nurse loan repayment program.

To amend the Public Health Service Act and the Internal Revenue Code to help solve the worsening shortage of registered nurses in hospitals and continuing care settings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Public Land Management Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Federal holdings in the State of Nevada constitute over 87 percent of the area of the State, and in 10 of the 17 counties the Federal Government controls at least 80 percent of the land; (2) the large amount of federally controlled land in Nevada and the lack of an adequate private land ownership base has had a negative impact on the overall economic development of rural counties and communities and severely degraded the ability of local governments to provide necessary services; (3) under general land laws less than 3 percent of the Federal land in Nevada has moved from Federal control to private ownership in the last 130 years; (4) in resource management plans, the Bureau of Land Management has identified for disposal land that is difficult and costly to manage and that would more appropriately be in non-Federal ownership; (5) implementation of Federal land management plans has been impaired by the lack of necessary funding to provide the needed improvements and the lack of land management programs to accomplish the goals and standards set out in the plans; and (6) the lack of a private land tax base prevents most local governments from providing the appropriate infrastructure to allow timely development of land that is disposed of by the Federal Government for community expansion and economic growth. (b) Purposes.--The purposes of this Act are to provide for-- (1) the orderly disposal and use of certain Federal land in the State of Nevada that was not included in the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343); (2) the acquisition of environmentally sensitive land in the State; and (3) the implementation of projects and activities in the State to protect or restore important environmental and cultural resources. SEC. 3. DEFINITIONS. In this Act: (1) Current land use plan.--The term ``current land use plan'', with respect to an administrative unit of the Bureau of Land Management, means the management framework plan or resource management plan applicable to the unit that was approved most recently before the date of enactment of this Act. (2) Environmentally sensitive land.--The term ``environmentally sensitive land'' means land or an interest in land, the acquisition of which the United States would, in the judgment of the Secretary or the Secretary of Agriculture-- (A) promote the preservation of natural, scientific, aesthetic, historical, cultural, watershed, wildlife, or other values that contribute to public enjoyment or biological diversity; (B) enhance recreational opportunities or public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (D) otherwise serve the public interest. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Special account.--The term ``Special Account'' means the account established by section 6. (5) State.--The term ``State'' means the State of Nevada. (6) Unit of local government.--The term ``unit of local government'' means the elected governing body of each city and county in the State except the cities of Las Vegas, Henderson, and North Las Vegas. SEC. 4. DISPOSAL AND EXCHANGE. (a) Disposal.--In accordance with this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law and subject to valid existing rights, the Secretary may dispose of public land under current land use plans maintained under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), other than land that is identified for disposal under the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343). (b) Recreation and Public Purpose Conveyances.-- (1) In general.--Not less than 30 days before offering land for sale or exchange under subsection (a), the State or the unit of local government in the jurisdiction of which the land is located may elect to obtain the land for local public purposes under the Act entitled ``An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes'', approved June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (2) Retention by secretary.--If the State or unit of local government elects to obtain the land, the Secretary shall retain the land for conveyance to the State or unit of local government in accordance with that Act. (c) Withdrawal.--Subject to valid existing rights, all Federal land selected for disposal under subsection (d)(1) is withdrawn from location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws until the Secretary terminates the withdrawal or the land is patented. (d) Selection.-- (1) In general.--The Secretary, the unit of local government that has jurisdiction over land identified for disposal under subsection (a), and the State shall jointly select land to be offered for sale or exchange under this section. (2) Coordination.--The Secretary shall coordinate land disposal activities with the unit of local government under the jurisdiction of which the land is located. (3) Local land use planning and zoning requirements.--The Secretary shall dispose of land under this section in a manner that is consistent with local land use planning and zoning requirements and recommendations. (e) Sales Offering, Price, Procedures, and Prohibitions.-- (1) Offering.--The Secretary shall make the first offering of land as soon as practicable after land has been selected under subsection (d). (2) Sale price.-- (A) In general.--The Secretary shall make all sales of land under this section at a price that is not less than the fair market value of the land, as determined by the Secretary. (B) Affordable housing.--Subparagraph (A) does not affect the authority of the Secretary to make land available at less than fair market value for affordable housing purposes under section 7(b) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2349). (3) Competitive bidding.-- (A) In general.--The sale of public land selected under subsection (d) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719). (B) Exceptions.--The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to sales under this Act in cases in which the Secretary determines that application of an exception is necessary and proper. (C) Notice of competitive bidding procedures.--The Secretary shall also ensure adequate notice of competitive bidding procedures to-- (i) owners of land adjoining the land proposed for sale; (ii) local governments in the vicinity of the land proposed for sale; and (iii) the State. (4) Prohibitions.--A sale of a tract of land selected under subsection (d) shall not be undertaken if the Federal costs of sale preparation and processing are estimated to exceed the proceeds of the sale. (f) Disposition of Proceeds.-- (1) Land sales.--Of the gross proceeds of sales of land under this section during a fiscal year-- (A) 5 percent shall be paid to the State for use in the general education program of the State; (B) 45 percent shall be paid directly to the local unit of government in the jurisdiction of which the land is located for use as determined by the unit of local government, with consideration given to use for support of health care delivery, law enforcement, and schools; and (C) 50 percent shall be deposited in the Special Account. (2) Land exchanges.-- (A) In general.--In a land exchange under this section, the non-Federal party shall provide direct payment to the unit of local government in the jurisdiction of which the land is located in an amount equal to 15 percent of the fair market value of the Federal land conveyed in the exchange. (B) Treatment of payments as cost incurred.--If any agreement to initiate the exchange so provides, a payment under subparagraph (A) shall be considered to be a cost incurred by the non-Federal party that shall be compensated by the Secretary. (C) Pending exchanges.--This Act, other than subsections (a) and (b) and this subsection, shall not apply to any land exchange for which an initial agreement to initiate an exchange was signed by an authorized representative of the exchange proponent and an authorized officer of the Bureau of Land Management before the date of enactment of this Act. (g) Additional Disposal Land.--Public land identified for disposal in the State under a replacement of or amendment to a current land use plan shall be subject to this Act. SEC. 5. ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND. (a) In General.--After consultation in accordance with subsection (c), the Secretary may use funds in the Special Account and any other funds that are made available by law to acquire environmentally sensitive land and interests in environmentally sensitive land. (b) Consent.--The Secretary may acquire environmentally sensitive land under this section only from willing sellers. (c) Permission.-- (1) In general.--Before initiating efforts to acquire environmentally sensitive land under this section, the Secretary or the Secretary of Agriculture shall consult and obtain consent from the State and units of local government under the jurisdiction of which the environmentally sensitive land is located (including appropriate planning and regulatory agencies) before they can acquire the land. (2) Information.--The Secretary or Secretary of Agriculture shall provide the State and units of local government with the following: (A) An explanation of why the acquisition is necessary. (B) An analysis of the potential impact of the acquisition on State and local government. (C) Information regarding other appropriate aspects of the acquisition. (d) Administration.--On acceptance of title by the United States, any environmentally sensitive land or interest in environmentally sensitive land acquired under this section that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, any other system established by law, or any national conservation or recreation area established by law-- (1) shall become part of the unit or area without further action by the Secretary or Secretary of Agriculture; and (2) shall be managed in accordance with all laws (including regulations) and land use plans applicable to the unit or area. (e) Fair Market Value.--The fair market value of environmentally sensitive land or an interest in environmentally sensitive land to be acquired by the Secretary or the Secretary of Agriculture under this section shall be determined-- (1) under section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711) and other applicable requirements and standards; and (2) without regard to the presence of a species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (f) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United States Code, is amended-- (1) in subparagraph (G), by striking ``or'' at the end; (2) in subparagraph (H), by striking the period at the end and inserting ``; or ''; and (3) by adding at the end the following: ``(I) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Nevada Public Land Management Act of 1999 that is not otherwise described in subparagraphs (A) through (G).''. SEC. 6. SPECIAL ACCOUNT. (a) Establishment.--There is established in the Treasury of the United States a separate account to be used in carrying out this Act. (b) Contents.--The Special Account shall consist of-- (1) amounts deposited in the Special Account under section 4(f)(1)(B); (2) donations to the Special Account; and (3) appropriations to the Special Account. (c) Use.-- (1) In general.--Amounts in the Special Account shall be available to the Secretary until expended, without further Act of appropriation, to pay-- (A) subject to paragraph (2), costs incurred by the Bureau of Land Management in arranging sales or exchanges under this Act, including the costs of land boundary surveys, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), appraisals, environmental and cultural clearances, and public notice; (B) the cost of acquisition of environmentally sensitive land or interest in such land in the State; (C) the cost of carrying out any necessary revision or amendment of a current land use plan of the Bureau of Land Management that relates to land sold, exchanged, or acquired under this Act; (D) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources, including petroglyphs; (E) the cost of projects, programs, or land acquisition to stabilize or restore water quality and lake levels in Walker Lake; and (F) related costs determined by the Secretary. (2) Limitations.-- (A) Costs in arranging sales or exchanges.--Costs charged against the Special Account for the purposes described in paragraph (1)(A) shall not exceed the minimum amount practicable in view of the fair market value of the Federal land to be sold or exchanged. (B) Acquisition.--Not more than 50 percent of the amounts deposited in the Special Account in any fiscal year may be used in that fiscal year or any subsequent fiscal year for the purpose described in paragraph (1)(B). (3) Plan revisions and amendments.--The process of revising or amending a land use plan shall not cause delay or postponement in the implementation of this Act. (d) Interest.--All funds deposited in the Special Account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended in accordance with subsection 6(c). (e) Coordination.--The Secretary shall coordinate the use of the Special Account with the Secretary of Agriculture, the State, and units of local government in which land or an interest in land may be acquired, to ensure accountability and demonstrated results. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 7. REPORT. The Secretary, in cooperation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a biennial report that describes each transaction that is carried out under this Act.

Nevada Public Land Management Act of 1999 - Authorizes the Secretary of the Interior to dispose of public land in the State of Nevada under specified current land use plans other than land identified under the Southern Nevada Public Land Management Act of 1998. Authorizes the State or local governments in the jurisdiction of which the land is located to obtain the land for local public purposes prior to the offering of such land for sale or exchange. Requires the Secretary to retain such land for conveyance to the State or a local government if such entities elect to obtain the land. Withdraws Federal land selected for disposal, subject to valid existing rights, from location and entry under the mining laws and from operation under the mineral and geothermal leasing laws until the Secretary terminates the withdrawal or the land is patented. Requires the Secretary, the local government that has jurisdiction over land identified for disposal, and the State to select land to be offered for sale or exchange. Sets forth requirements for sales, including those for competitive bidding. Bars the sale of a tract of land if the Federal costs of sale preparation and processing are estimated to exceed sale proceeds. Allocates the gross proceeds of land sales during a fiscal year as follows: (1) five percent to the State for the general education program; (2) 45 percent to the local government for use as determined by such government; and (3) 50 percent to the Special Account established by this Act. Sets forth requirements for land exchanges. Authorizes the Secretary, subject to certain consultation requirements, to use funds to acquire environmentally sensitive land and interests in such land. Permits such acquisitions only from willing sellers and with the consent of the State and local governments with jurisdiction. Defines "environmentally sensitive land" as land that would: (1) promote the preservation of specified values that contribute to public enjoyment or biological diversity; (2) enhance recreational opportunities or public access; (3) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (4) otherwise serve the public interest. Includes such lands in the definition of "entitlement land" for purposes of Federal provisions governing payment for entitlement land. Establishes a Special Account in the Treasury to carry out this Act. Authorizes appropriations.

Nevada Public Land Management Act of 1999

SECTION 1. INCREASE IN LIMITATION ON 1-TIME EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) General Rule.--Paragraph (1) of section 121(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$125,000 ($62,500'' and inserting ``$186,000 ($93,000''. (b) Cost-of-Living Adjustments.--Subsection (b) of section 121 of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Cost-of-living adjustments.--In the case of any taxable year beginning in a calendar year after 1993, each dollar amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (c) Effective Date.--The amendments made by this section shall apply to any sale or exchange after December 31, 1992. SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS. (a) Estate Tax Credit.-- (1) Subsection (a) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$193,500'' and inserting ``the applicable credit amount''. (2) Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $770,000. ``(2) Cost-of-living adjustments.--In the case of any decedent dying in a calendar year after 1993, the $770,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $770,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.'' (3) Paragraph (1) of section 6018(a) of such Code is amended by striking ``$600,000'' and inserting ``$770,000 (adjusted as provided in section 2010(c)(2))''. (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of such Code is amended by striking ``$193,500'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1992. SEC. 3. REDUCTION IN CAPITAL GAINS TAX FOR INDIVIDUALS. (a) General Rule.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new section: ``SEC. 1202. DEDUCTION FOR CAPITAL GAINS. ``(a) General Rule.--If, for any taxable year, a taxpayer other than a corporation has a net capital gain, an amount equal to 50 percent of the net capital gain shall be allowed as a deduction. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Minimum Tax.--Section 56(b) of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Capital gains deduction disallowance.--The deduction under section 1202 shall not be allowed.'' (c) Conforming Amendments.-- (1) Subsection (h) of section 1 of such Code is hereby repealed. (2) Section 62(a) of such Code is amended by inserting after paragraph (13) the following new paragraph: ``(14) Capital gains deduction.--The deduction allowed by section 1202.'' (3) Clause (ii) of section 163(d)(4)(B) of such Code is amended by inserting ``, reduced by the amount of any deduction allowable under section 1202 attributable to gain from such property'' after ``investment''. (4) Section 170(e)(1)(B) of such Code is amended by inserting ``(or, in the case of a taxpayer other than a corporation, 50 percent of the amount of gain)'' after ``the amount of gain''. (5)(A) Section 172(d)(2) of such Code is amended to read as follows: ``(2) Capital gains and losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation-- ``(A) the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets; and ``(B) the deduction provided by section 1202 shall not be allowed.'' (B) Subparagraph (B) of section 172(d)(4) of such Code is amended by inserting ``, (2)(B),'' after ``paragraph (1)''. (6)(A) Section 221 of such Code is amended to read as follows: ``SEC. 221. CROSS REFERENCES. ``(1) For deduction for net capital gain, see section 1202. ``(2) For deductions in respect of a decedent, see section 691.'' (B) The table of sections for part VII of subchapter B of chapter 1 is amended by striking ``reference'' in the item relating to section 221 and inserting ``references''. (7) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to deduction for net capital gain). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (8) Paragraph (3) of section 643(a) of such Code is amended by adding at the end thereof the following new sentence: ``The deduction under section 1202 (relating to deduction for net capital gain) shall not be taken into account.''. (9) Paragraph (6)(C) of section 643(a) of such Code is amended-- (A) by inserting ``(i)'' before ``there'', and (B) by inserting ``, and (ii) the deduction under section 1202 (relating to deduction for excess of capital gains over capital losses)'' before the period at the end thereof. (10) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h), 1201'' and inserting ``1201, 1202,''. (11) The second sentence of paragraph (2) of section 871(a) of such Code is amended by inserting ``such gains and losses shall be determined without regard to section 1202 (relating to deduction for net capital gain) and'' after ``except that''. (12)(A) Subparagraph (B) of section 904(b)(2) of such Code is amended by striking so much of such subparagraph as precedes clause (i) and inserting the following: ``(B) Special rules where corporate capital rate gain differential.--In the case of a corporation, for any taxable year for which there is a capital gain rate differential--''. (B) Subparagraphs (D) and (E) of section 904(b)(3) of such Code are amended to read as follows: ``(D) Capital gain rate differential.--There is a capital gain rate differential for any taxable year if any rate of tax imposed by section 11, 511, or 831(a) or (b) (whichever applies) exceeds the alternative rate of tax under section 1201(a) (determined without regard to the last sentence of section 11(b)(1)). ``(E) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital, or the excess of net capital gain from sources within the United States over net capital gain, as the case maybe, is the same proportion of such amount as-- ``(i) the excess of the highest rate of tax specified in section 11(b)(1) over the alternative rate of tax under section 1201(a), bears to ``(ii) the highest rate of tax specified in section 11(b)(1).'' (13) Section 1402(i)(1) 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 1202 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. 1202. Deduction for capital gains.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to increase the limitation on the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55 and provide a cost-of-living adjustment for such amount. Increases the unified credit against the estate tax and the unified credit against the gift tax and provides a cost-of-living adjustment for such credits. Reduces the capital gains tax for a taxpayer other than a corporation by allowing the deduction of 50 percent of the net capital gain. Provides for computing such deduction for estates and trusts. Disallows such deduction against the minimum tax.

To amend the Internal Revenue Code of 1986 to increase the dollar limitation on the 1-time exclusion of gain from sale of a principal residence by individuals who have attained age 55, to increase the amount of the unified estate and gift tax credits, and to reduce the tax on capital gains.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Cadastre.-- (A) In general.--The term ``cadastre'' means-- (i) an inventory of Federal land developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth; and (ii) any information relating to the features, phenomena, or boundaries, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals, such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature. (B) Inclusions.--The term ``cadastre'' includes the following data layers: (i) A reference frame consisting of a geodetic network. (ii) A series of current, accurate large scale maps. (iii) A cadastral boundary overlay delineating all cadastral parcels. (iv) A system for indexing and identifying each cadastral parcel. (v) A series of land data files that-- (I) include the parcel identifier, which can be used to retrieve information and cross reference between and among other data files; (II) contains information about the use, value, assets, and infrastructure of each parcel; and (III) designate any parcels that the Secretary determines can be better managed through ownership by a non- Federal entity, including State government, units of local government, Tribal government, nonprofit organizations, or the private sector. (2) Federal land.--The term ``Federal land'' means land under the jurisdiction of the Federal Government, including-- (A) buildings, crops, forests, or other resources attached to, or within, the land; (B) improvements or fixtures permanently attached to the land or a structure on the land; and (C) any interest, benefit, right, or privilege in and to the land. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop a multipurpose cadastre of Federal land to assist with-- (1) Federal land management; (2) resource conservation; (3) environmental protection; and (4) the use of Federal land. (b) Cost-Sharing Agreements.-- (1) In general.--The Secretary may enter into a cost- sharing agreement with a State to include in the cadastre any non-Federal land in the State. (2) Federal share.--The Federal share of any cost-sharing agreement entered into under paragraph (1) shall not exceed 50 percent of the total cost to the State for including in the cadastre the non-Federal land in the State. (c) Consolidation and Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1)(A) any existing land inventories or components of a cadastre authorized by Federal law or conducted by the Department of the Interior; (B) the statutory authorization for the inventories or components described in subparagraph (A); and (C) the amount expended by the Federal Government for fiscal year 2010 with respect to the inventories or components described in subparagraph (A); (2) any inventories or components described in paragraph (1)(A) that would be eliminated or consolidated into the cadastre authorized under this Act; (3)(A) any inventories or components described in paragraph (1)(A) that would not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (B) the reason for not terminating or consolidating those inventories or components into the multipurpose cadastre; (4) the use of existing land inventories or any components of a cadastre being conducted by any State or unit of local government that can be used to identify Federal land within the State or unit of local government; (5) the cost-savings that would be achieved by eliminating or consolidating duplicative or unneeded land inventories or components described in paragraph (1)(A) that would become part of the multipurpose cadastre authorized by this Act; and (6) recommendations for any legislation necessary to increase the cost-savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating inventories or components described in paragraph (1)(A). (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) in accordance with section 216 of the E- Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-347), participate in the establishment of any standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre for all users of the information; (B) coordinate with, seek the assistance and cooperation of, and provide liaisons to, the Federal Geographic Data Committee in accordance with Office of Management and Budget Circular A-16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to coordinating geographic data acquisition and access: the national spatial data infrastructure) for the implementation of, and compliance with, any standards that may be applicable to the cadastre; (C) make the cadastre interoperable with the Federal Real Property Profile established under Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); (D) integrate with, and leverage, to the maximum extent practicable, cadastre activities of States and units of local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide any products and services that are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Any contract entered into under paragraph (1)(E) shall be considered to be surveying and mapping services, as those terms are used in subtitle I of title 40, United States Code.

Federal Land Asset Inventory Reform Act of 2011 - Directs the Secretary of the Interior to develop a multipurpose cadastre (an inventory) of federal land to assist with federal land management, resource conservation, environmental protection, and use of such land. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal land in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for including in the cadastre the non-federal land in the state. Requires the Secretary to submit a report describing: (1) any existing land inventories or components of a cadastre, (2) the consolidation of any inventories or components, (3) the use of existing inventories or components of a cadastre, (4) the cost-savings that would be achieved, and (5) recommendations for legislation.

A bill to improve Federal land management, resource conservation, environmental protection, and use of Federal land by requiring the Secretary of the Interior to develop a multipurpose cadastre of Federal land and identifying inaccurate, duplicate, and out-of-date Federal land inventories, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Hunger Assistance in Response to Emergency Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the Secretary of Agriculture conducts an annual report that measures food security and hunger by State; and (2) many households that are eligible to receive food stamps under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) do not know that the households are eligible to receive food stamps. SEC. 3. FUNDING FOR FOOD STAMP INFORMATIONAL ACTIVITIES BY STATES WITH GREATEST RATE OF HUNGER. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended-- (1) in subsection (a), by striking ``subsection (k)'' and inserting ``subsections (k) and (l)''; and (2) by adding at the end the following: ``(l) Funding for Food Stamp Informational Activities by States With Greatest Rate of Hunger.-- ``(1) Designation of states.-- ``(A) In general.--For each of fiscal years 2001 through 2005, the Secretary-- ``(i) shall designate the 10 States that have the greatest rate of hunger, as determined on the basis of the most recent report that measures food security and hunger by State prepared by the Secretary for which data are available; and ``(ii) may designate not more than 5 additional States if the Secretary determines, on the basis of a proposal submitted by a State, that the State will carry out a demonstration project to carry out food stamp informational activities under this paragraph that uses innovative approaches that have national significance. ``(B) Notification of states.--As soon as practicable after designation of a State under subparagraph (A), the Secretary shall notify the State agency of the State that the State agency is eligible to receive payments for administrative costs incurred in carrying out food stamp informational activities in accordance with paragraph (2). ``(C) Acceptance by states.--If a State agency of a State notified under subparagraph (B) elects to carry out food stamp informational activities in exchange for payments under paragraph (2), not later than 90 days after the date of notification by the Secretary, the State agency shall-- ``(i) notify the Secretary that the State agency will carry out food stamp informational activities in exchange for the payments; and ``(ii) provide to the Secretary a summary describing the manner in which-- ``(I) the payments will be used; ``(II) the outcomes of the activities will be measured; and ``(III) any other eligibility criteria established by the Secretary for payments under paragraph (2) will be met. ``(2) Payments.-- ``(A) In general.--Subject to subparagraph (B), if the State agency of a State elects to carry out food stamp informational activities under paragraph (1), subject to subparagraphs (B) through (E), the Secretary shall pay the State agency of the State 100 percent of the administrative costs incurred by the State agency in carrying out food stamp informational activities, including activities under section 11(e)(1)(A) and outreach activities. ``(B) Eligibility.--A State agency shall be eligible for payments under subparagraph (A) for only 1 period of 3 fiscal years. ``(C) State administrative costs.--The amount of administrative costs for which the State agency of a State may receive payments for a fiscal year under subparagraph (A) shall not exceed such amount as the Secretary determines is reasonable, as determined on the basis of-- ``(i) the population of the State; ``(ii) the rate of hunger in the State; ``(iii) the number of households that are eligible to participate in the food stamp program but are not participating in the program; and ``(iv) other factors determined by the Secretary. ``(D) Maximum payment.--The amount of payments made to the State agency of a State for a fiscal year under subparagraph (A) shall not exceed $1,000,000. ``(E) Maintenance of effort.--The expenditure of funds by the State agency of a State for the maintenance of food stamp informational activities described in subparagraph (A) shall not be diminished as a result of payments made available under this paragraph. ``(3) Report.--Not later than 1 year after the end of the third fiscal year for which the State agency of a State receives payments under paragraph (2), the State agency shall submit to the Secretary a brief report that measures the outcomes of food stamp informational activities described in paragraph (2) carried out by the State agency during the preceding 3 fiscal years.''.

State Hunger Assistance in Response to Emergency Act of 2001 - Amends the Food Stamp Act of 1977 to provide funding for food stamp informational activities by States with the greatest rate of hunger.

A bill to amend the Food Stamp Act of 1977 to improve food stamp informational activities in those States with the greatest rate of hunger.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tampering of Prescription Pills Act of 2012''. SEC. 2. TAMPER-RESISTANT TECHNOLOGY. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `tamper-resistant drug' means a drug that-- ``(1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; ``(2) has been formulated for oral administration; and ``(3)(A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or ``(B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation.''. (b) Required Information in Application for Approval of Brand Name Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(7) Tamper-resistant drugs.--If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal.''. (c) Approval of New Brand Name Drugs.--Section 505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended-- (1) by inserting ``(7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not a tamper-resistant drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is a tamper-resistant drug, and (iii) has not been discontinued from marketing; or'' after ``(6) the application failed to contain the patent information prescribed by subsection (b); or''; (2) by striking ``(7) based on fair'' and inserting ``(8) based on fair''; (3) by striking ``clauses (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and (4) by inserting ``The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need.'' before ``As used in this subsection and subsection (e)''. (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A)-- (i) in clause (vii), by striking ``and'' at the end; (ii) in clause (viii), by striking the period at the end and inserting ``; and''; (iii) by inserting after clause (viii) the following: ``(ix) if the listed drug is a tamper-resistant drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.''; and (iv) in the continuation text at the end of the subparagraph, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) that the listed drug is a tamper-resistant drug and one or more of the new drug's active moieties differ in any material respect (in amount or otherwise) from those of the listed drug.''; (2) in paragraph (5), by adding at the end the following: ``(G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes a tamper-resistant drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix).''; and (3) in paragraph (6)-- (A) by striking ``(6) If a drug'' and inserting ``(6)(A) If a drug''; (B) by striking ``(A) for the'' and inserting ``(i) for the''; (C) by striking ``(B) if the'' and inserting ``(ii) if the''; and (D) by adding at the end the following: ``(B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if-- ``(i) the approval of a listed drug, which is not a tamper- resistant drug, is withdrawn or suspended, or a listed drug, which is not a tamper-resistant drug, is withdrawn from sale; and ``(ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that-- ``(I) is in the same dosage form; ``(II) contains the same controlled substance as an active moiety; ``(III) is a tamper-resistant drug; and ``(IV) has not been discontinued from marketing.''. (e) Withdrawal of Previously Approved Brand Name and Generic Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)) is amended-- (1) by inserting ``or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not a tamper-resistant drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is a tamper-resistant drug, and has not been discontinued from marketing'' before ``: Provided,''; and (2) by adding at the end the following: ``The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a `tamper-resistant drug' in section 201(ss).''. (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2012, the Secretary shall-- ``(i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be tamper-resistant drugs; and ``(ii) update the list under subparagraph (A)-- ``(I) to remove from the list of tamper-resistant drugs any drug the Secretary later determines is not a tamper-resistant drug; and ``(II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended.''.

Stop Tampering of Prescription Pills Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for tamper-resistant drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects. Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not tamper-resistant if a tamper-resistant drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need. Requires an abbreviated new (generic) drug application for a tamper-resistant drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is tamper-resistant and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug. Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes tamper-resistant unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Prescribes requirements governing when a drug which is not tamper-resistant may have its approval withdrawn or suspended.

To amend the Federal Food, Drug, and Cosmetic Act to incentivize the development of tamper-resistant drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005''. SEC. 2. DEFINITIONS. (a) Chief Financial Officer.--The term ``Chief Financial Officer'' means the Hurricane Katrina Recovery Chief Financial Officer. (b) Office.--The term ``Office'' means the Office of the Hurricane Katrina Recovery Chief Financial Officer. SEC. 3. ESTABLISHMENT AND FUNCTIONS. (a) Establishment.--There is established within the Executive Office of the President, the Office of the Hurricane Katrina Recovery Chief Financial Officer. (b) Chief Financial Officer.-- (1) Appointment.--The Hurricane Katrina Recovery Chief Financial Officer shall be the head of the Office. The Chief Financial Officer shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications.--The Chief Financial Officer shall have the qualifications required under section 901(a)(3) of title 31, United States Code. (c) Functions.-- (1) In general.--The Chief Financial Officer shall-- (A) be responsible for the efficient and effective use of Federal funds in all activities relating to the recovery from Hurricane Katrina; (B) have all authorities and perform all functions of a Chief Financial Officer under section 902 of title 31, United States Code, with respect to all agencies and all Federal activities relating to the recovery from Hurricane Katrina in accordance with paragraph (2); and (C) strive to ensure that-- (i) priority in the distribution of Federal relief funds is given to individuals and organizations most in need of financial assistance; and (ii) priority in the distribution of Federal reconstruction funds is given to business entities that are based in Louisiana, Mississippi, and Alabama or business entities that hire workers who resided in those States before August 29, 2005. (2) Coordination of agencies.--In the performance of the functions under paragraph (1)(B) by the Chief Financial Officer- (A) the President shall act as the head of the agency and the Chief Financial Officer shall have management and oversight of all agencies performing activities relating to the recovery from Hurricane Katrina for purposes of the application of section 902 of title 31, United States Code; and (B) the Chief Financial Officer shall coordinate and have management and oversight responsibilities of each applicable Chief Financial Officer in the performance of functions under section 902(a) (5) and (6) of title 31, United States Code, instead of performing such functions for each applicable agency. (3) Regular reports.-- (A) In general.--Every month the Chief Financial Officer shall submit a financial report on the activities for which the Chief Financial Officer has management and oversight responsibilities to-- (i) the Committee on Homeland Security and Governmental Affairs of the Senate; (ii) the Committee on Homeland Security of the House of Representatives; (iii) the Committees on Appropriations of the Senate and House of Representatives; and (iv) the Committee on Government Reform of the House of Representatives. (B) Contents.--Each report under this paragraph shall include-- (i) the extent to which Federal relief funds have been given to individuals and organizations most in need of financial assistance; (ii) the extent to which Federal reconstruction funds have been made available to business entities that are based in Louisiana, Mississippi, or Alabama or business entities that hire workers who resided in those States before August 29, 2005; and (iii) the extent to which Federal agencies have made use of sole source or cost-plus contracts. (C) First report.--The first report under this paragraph shall be submitted for the first full month for which a Chief Financial Officer has been appointed. (d) Responsibilities of Chief Financial Officers.--Nothing in this Act shall be construed as to relieve the responsibilities of any Chief Financial Officer under section 902 of title 31, United States Code. (e) Availability of Records.--Upon request to the Chief Financial Officer, the Office shall make the records of the Office available to the Inspector General of any Federal agency performing recovery activities relating to Hurricane Katrina for the purpose of performing the duties of that Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.). SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY OFFICE. The Office shall provide quarterly reports to the committees specified in section 3(c) (3) (A) relating to all activities and expenses approved by the Office, including_ (1) the accuracy of reports submitted by the Chief Financial Officer to Congress; (2) the extent to which agencies performing activities relating to the recovery from Hurricane Katrina have made use of sole source or cost-plus contracts; (3) the appropriate use of Federal funds by State and local government agencies; (4) an analysis of whether Federal relief funds have been distributed to individuals and organizations most in need of financial assistance and Federal reconstruction funds have been made available to business entities that are based in Louisiana, Mississippi, and Alabama or business entities that hire workers who resided in those States before August 29, 2005; and (5) the extent to which waste, fraud, or abuse exist in the use of Federal funds relating to the recovery from Hurricane Katrina. SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES. (a) In General.--The President shall provide administrative and support services (including office space) for the Office and the Chief Financial Officer. (b) Personnel.--The President shall provide for personnel for the Office through the detail of Federal employees. Any Federal employee may be detailed to the Office without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act. SEC. 7. TERMINATION OF OFFICE. (a) In General.--The Office and position of Chief Financial Officer shall terminate 1 year after the date of enactment of this Act. (b) Extension.--The President may extend the date of termination under subsection (a) to any date occurring before 2 years after the date of enactment of this Act.

Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005 - Establishes within the Executive Office of the President the Office of Hurricane Katrina Recovery Chief Financial Officer (CFO), who shall be appointed by the President, by and with the advice and consent of the Senate. Makes the CFO responsible for the efficient and effective use of federal funds in all activities relating to the recovery from Hurricane Katrina. Requires the CFO to strive to ensure that priority in the distribution of federal: (1) relief funds is given to individuals and organizations most in need of financial assistance; and (2) reconstruction funds is given to business entities based in Louisiana, Mississippi, Alabama, or business entities that hire workers who resided in those States before August 29, 2005.

To establish an Office of the Hurricane Katrina Recovery Chief Financial Officer, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in Academic Admissions Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Citizens and taxpayers have a right to know whether federally funded institutions of higher education are treating student applications differently depending on the student's race, color, or national origin, and, if so, the way in which these factors are weighted and the consequences to students and prospective students of these decisions. (2) Title VI of the Civil Rights Act of 1964 codified this right, forbidding in statute discrimination on the basis of race, color, or national origin by federally funded institutions, which includes nearly all colleges and universities. (3) This prohibition has largely been ignored by the Supreme Court, which has allowed racially discriminatory admissions. (4) However, in Fisher v. University of Texas, the United States Supreme Court in 2013 affirmed that strict scrutiny should be applied to university admissions programs to ensure diversity is not defined as ``mere racial balancing,'' but has a compelling state interest to achieve diversity. The Fisher case clarified that any such discrimination is only permitted if it is necessary to achieve the educational benefits of a racially diverse student body. (5) Therefore, colleges and universities must reevaluate their use of racially selective admissions policies. The costs of such policies cannot outweigh the supposed benefits. If a less discriminatory means could achieve similar results, the discrimination is not permissible. (6) In order to ensure that these limitations are followed, colleges and federally funded institutions of higher education must make public through annual reports their use of race, color, and national origin, for admissions decisions so that Federal and State enforcement agencies and interested persons can monitor the schools. (7) Additionally, college and universities must provide evidence sufficient to demonstrate that any such discrimination does not exceed the limits imposed by the Fisher case. (8) Academic ``mismatch'' refers to a significant discrepancy in academic qualifications between various groups within a student body, and is encouraged when universities lower their academic standards to artificially achieve a particular composition. (9) Mismatch works a harm because it sets particular students up for lower than average achievement, higher dropout rates, less competitive majors and, perhaps most damaging, a disproportionately large student loan burden. SEC. 3. REPORT ON CONSIDERATION OF RACE, COLOR, OR NATIONAL ORIGIN IN STUDENT ADMISSIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, each institution of higher education participating in programs under title IV of the Higher Education Act of 1965 shall submit to the Secretary of Education a report in accordance with this section. (b) Contents of Report.-- (1) Disclosure of consideration of race, color, or national origin in student admissions.--The report shall include a statement indicating whether race, color, or national origin is given weight in the student admissions process of the institution or any department of the institution. (2) Additional disclosures.--If the disclosure under paragraph (1) states that race, color, or national origin is given weight in the student admissions process of an institution or department, then the report shall include the following information with respect to the institution or department: (A) The racial, color, and national origin groups for which membership is considered a plus factor or a minus factor and, in addition, how membership in a group is determined for individual students. (B) A description of how group membership is considered, including the weight given to such consideration and whether targets, goals, or quotas are used. (C) A statement explaining why group membership is given weight, including the determination of the desired level claimed and, with respect to the diversity rationale, its relationship to the particular educational mission of the institution or department. (D) A description of the consideration that has been given to racially neutral or less discriminatory alternatives as a means for achieving the same goals for which group membership is considered. (E) A description of how frequently the need to give weight to group membership is reassessed and how that reassessment is conducted. (F) An identification of the factors other than race, color, or national origin that are collected in the admissions process. If the factors described in the preceding sentence include grades or class rank in high school, scores on standardized tests (including the ACT and SAT), legacy status, sex, State residency, economic status, or other quantifiable criteria, then all raw admissions data for applicants regarding these factors, along with each individual applicant's race, color, and national origin and the admissions decision made by the school regarding that applicant, shall accompany the report in computer-readable form, with the name of the individual student redacted but with appropriate links, so that it is possible for the Secretary of Education or other interested persons to determine through statistical analysis the weight being given to race, color, and national origin, relative to other factors. (G) An analysis, and also the underlying data needed to perform an analysis, of whether there is a correlation-- (i) between membership in a group favored on account of race, color, or national origin and the likelihood of enrollment in a remediation program, relative to membership in other groups; (ii) between such membership and graduation rates, relative to membership in other groups; and (iii) between such membership and the likelihood of defaulting on education loans, relative to membership in other groups. (c) Public Availability.--The institution shall make the report publicly available. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to allow or permit preference or discrimination on the basis of race, color, or national origin. SEC. 5. DEFINITION. In this Act, the term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include an institution of higher education outside the United States.

Sunshine in Academic Admissions Act This bill requires each institution of higher education that participates in a program under title IV of the Higher Education Act of 1965 to submit an annual report to the Department of Education that states whether the institution gives weight to race, color, or national origin in the admissions process and, if yes, provides certain additional disclosures. The institution must make the report publicly available.

Sunshine in Academic Admissions Act

SECTION 1. ACCELERATED PAYMENT OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE FOR CERTAIN PROGRAMS OF EDUCATION. (a) In General.--Subchapter IV of chapter 35 of title 38, United States Code, is amended by inserting after section 3532 the following new section: ``Sec. 3532A. Accelerated payment of educational assistance allowance ``(a) The educational assistance allowance payable under section 3531 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on accelerated basis in accordance with this section. ``(b) An eligible person described in this subsection is an individual who is-- ``(1) enrolled in either-- ``(A) an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or ``(B) an approved program of education lasting less than two years that leads to employment in a sector of the economy, as identified by the Department of Labor, that-- ``(i) is projected to-- ``(I) experience a substantial increase in the number of jobs; or ``(II) positively affect the growth of another sector of the economy; or ``(ii) consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers; and ``(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the individual under section 3531 of this title. ``(c)(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of-- ``(A) the amount equal to 60 percent of the established charges for the program of education; or ``(B) the aggregate amount of educational assistance allowance to which the individual remains entitled under this chapter at the time of the payment. ``(2) In this subsection, the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: ``(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. ``(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. ``(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education. ``(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding-- ``(1) the person's enrollment in and pursuit of the program of education; and ``(2) the amount of the established charges for the program of education. ``(e)(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person's entitlement to basic educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 3531 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. ``(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 3531 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary. ``(f) The Secretary may not make an accelerated payment of educational assistance allowance under this section for a program of education with respect to an eligible person who has received an advance payment under section 3680(d) of this title for the same enrollment period. ``(g) For purposes of this section, a program of education includes a program of education (as defined in section 3002(3) of this title) pursued at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801). ``(h) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of this title as the Secretary considers appropriate for purposes of this section''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3532 the following new item: ``3532A. Accelerated payment of educational assistance allowance.''.

Permits accelerated payments of educational assistance under the Montgomery GI Bill to an individual enrolled in program with tuition in excess of 200% of the monthly rate of educational assistance otherwise payable when the program is an approved program of education that either: (1) leads to employment in a high technology occupation in a high technology industry; or (2) lasts less than two years and leads to employment in a sector of the economy that is projected to experience a substantial increase in the number of jobs, positively affect the growth of another sector of the economy, or consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers. Includes as an authorized program for purposes of such assistance a program of education pursued at a tribally controlled college or university as defined under the Tribally Controlled College or University Assistance Act of 1978.

A bill to amend title 38, United States Code, to provide for accelerated payment of survivors' and dependents' educational assistance for certain programs of education, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Fairness in Tax Collections Act of 2002''. (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.-- Sec. 1. Short title; etc. Sec. 2. Partial payment of tax liability in installment agreements. Sec. 3. Extension of time for return of property. Sec. 4. Individuals held harmless on wrongful levy, etc. on individual retirement plan. Sec. 5. Seven-day threshold on tolling of statute of limitations during tax review. Sec. 6. Study of liens and levies. Sec. 7. Low-income taxpayer clinics. SEC. 2. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT AGREEMENTS. (a) In General.-- (1) Section 6159(a) (relating to authorization of agreements) is amended-- (A) by striking ``satisfy liability for payment of'' and inserting ``make payment on'', and (B) by inserting ``full or partial'' after ``facilitate''. (2) Section 6159(c) (relating to Secretary required to enter into installment agreements in certain cases) is amended in the matter preceding paragraph (1) by inserting ``full'' before ``payment''. (b) Requirement To Review Partial Payment Agreements Every Two Years.--Section 6159 is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and inserting after subsection (c) the following new subsection: ``(d) Secretary Required To Review Installment Agreements for Partial Collection Every Two Years.--In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years.''. (c) Effective Date.--The amendments made by this section shall apply to agreements entered into on or after the date of the enactment of this Act. SEC. 3. EXTENSION OF TIME FOR RETURN OF PROPERTY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 (relating to return of property) is amended by striking ``9 months'' and inserting ``2 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 (relating to suits by persons other than taxpayers) is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``2 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``2-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period has not expired under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) as of such date. SEC. 4. INDIVIDUALS HELD HARMLESS ON WRONGFUL LEVY, ETC., ON INDIVIDUAL RETIREMENT PLAN. (a) In General.--Section 6343 (relating to authority to release levy and return property) is amended by adding at the end the following new subsection: ``(f) Individuals Held Harmless on Wrongful Levy, etc., on Individual Retirement Plan.-- ``(1) In general.--If the Secretary determines that an individual retirement plan has been levied upon in a case to which subsection (b) or (d)(2)(A) applies, an amount equal to the sum of-- ``(A) the amount of money returned by the Secretary on account of such levy, and ``(B) interest paid under subsection (c) on such amount of money, may be deposited into an individual retirement plan (other than an endowment contract) to which a rollover from the plan levied upon is permitted. ``(2) Treatment as rollover.--The distribution on account of the levy and any deposit under paragraph (1) with respect to such distribution shall be treated for purposes of this title as if such distribution and deposit were part of a rollover described in section 408(d)(3)(A)(i); except that-- ``(A) interest paid under subsection (c) shall be treated as part of such distribution and as not includible in gross income, ``(B) the 60-day requirement in such section shall be treated as met if the deposit is made not later than the 60th day after the day on which the individual receives an amount under paragraph (1) from the Secretary, and ``(C) such deposit shall not be taken into account under section 408(d)(3)(B). ``(3) Refund, etc., of income tax on levy.--If any amount is includible in gross income for a taxable year by reason of a levy referred to in paragraph (1) and any portion of such amount is treated as a rollover under paragraph (2), any tax imposed by chapter 1 on such portion shall not be assessed, and if assessed shall be abated, and if collected shall be credited or refunded as an overpayment made on the due date for filing the return of tax for such taxable year. ``(4) Interest.--Notwithstanding subsection (d), interest shall be allowed under subsection (c) in a case in which the Secretary makes a determination described in subsection (d)(2)(A) with respect to a levy upon an individual retirement plan.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid under subsections (b), (c), and (d)(2)(A) of section 6343 of the Internal Revenue Code of 1986 after December 31, 2002. SEC. 5. SEVEN-DAY THRESHOLD ON TOLLING OF STATUTE OF LIMITATIONS DURING TAX REVIEW. (a) In General.--Section 7811(d)(1) (relating to suspension of running of period of limitation) is amended by inserting after ``application,'' the following: ``but only if the date of such decision is at least 7 days after the date of the taxpayer's application''. (b) Effective Date.--The amendment made by this section shall apply to applications filed after the date of the enactment of this Act. SEC. 6. STUDY OF LIENS AND LEVIES. The Secretary of the Treasury, or the Secretary's delegate, shall conduct a study of the practices of the Internal Revenue Service concerning liens and levies. The study shall examine-- (1) the declining use of liens and levies by the Internal Revenue Service, and (2) the practicality of recording liens and levying against property in cases in which the cost of such actions exceeds the amount to be realized from such property. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 7. LOW-INCOME TAXPAYER CLINICS. (a) Limitation on Amount of Grants.--Paragraph (1) of section 7526(c) (relating to special rules and limitations) is amended by striking ``$6,000,000 per year'' and inserting ``$9,000,000 for 2002, $12,000,000 for 2003, and $15,000,000 for each year thereafter''. (b) Limitation on Use of Clinics for Tax Return Preparation.-- Subparagraph (A) of section 7526(b)(1) is amended by adding at the end the following flush language: ``The term does not include a clinic that provides routine tax return preparation. The preceding sentence shall not apply to return preparation in connection with a controversy with the Internal Revenue Service.''. (c) Promotion of Clinics.--Section 7526(c) is amended by adding at the end the following new paragraph: ``(7) Promotion of clinics.--The Secretary is authorized to promote the benefits of and encourage the use of low-income taxpayer clinics through the use of mass communications, referrals, and other means.''.

Fairness in Tax Collections Act of 2002 - Amends the Internal Revenue Code to permit the IRS to enter into installment agreements with taxpayers that do not provide for full payment of liabilities. Requires the IRS to review partial payment installment agreements at least every two years.Extends from nine months to two years the period in which proceeds errantly acquired by the IRS may be returned.Authorizes a taxpayer to deposit money in an IRA without regard to the normally applicable limits on IRA contributions and rollovers if the IRS has sent back the money being deposited due to a wrongful levy and it originally came from an IRA. Requires the contribution to be to the same type of IRA from which the amounts were withdrawn. Stipulates that in such a scenario any tax on the withdrawal from the IRA is abated. Considers interest paid by the IRS to the taxpayer part of the original payment and is not counted as gross income.Modifies the suspension date of the statute of limitations for taxpayers suffering significant hardship by applying it only if the date of the decision by the National Taxpayer Advocate is at least seven days after the date of the taxpayer's application.Directs the Secretary to study IRS practices concerning liens and levies.Increases the allocations for low-income taxpayer clinics, from the current $6 million annually, to $15 million annually by 2003.

To amend the Internal Revenue Code of 1986 to provide fairness in tax collection procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Systematic Application of Value Engineering Act of 1993''. SEC. 2. VALUE ENGINEERING REQUIREMENTS FOR FEDERAL AGENCIES. (a) In General.--Federal agencies shall apply value engineering consistent with subsection (b)(2) to, at a minimum, identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. The head of each Federal agency shall require senior management personnel to establish and maintain value engineering procedures and processes. Such procedures and processes shall, at a minimum-- (1) utilize qualified value engineering personnel consistent with paragraphs (1) and (4) of subsection (b); (2) provide for the aggressive and systematic development and maintenance of the most effective, efficient, and economical arrangement for conducting the work of the agency; and (3) provide a sound basis for the reporting of accomplishments to the Office of Management and Budget, the President, the Congress, and the public. (b) Agency Responsibilities.--To ensure that systemic value engineering improvements are achieved, each Federal agency shall, at a minimum, carry out the following: (1) Designate a senior management official with a significant, well-documented background in value engineering as the value engineering manager within the agency, to oversee and monitor value engineering efforts and to coordinate the development of criteria and guidelines referred to in paragraph (2). (2) Develop criteria and guidelines for both agency employees and contractor employees to identify programs, projects, systems, and products with the greatest potential to yield savings and benefits from the application of value engineering methodology. The criteria and guidelines should recognize that the potential savings are greatest during the planning, design, and other early phases of program, project, system, and product development. The criteria and guidelines shall include the following: (A) Consideration of return on the Government's investment in value engineering, determined by dividing the Government's cost of performing the value engineering function by the savings generated by the function. (B) A dollar amount threshold for requiring the application of value engineering. The threshold shall be designed to ensure that value engineering is applied to-- (i) each program, project, system, and product of the agency that has a dollar value greater than the threshold; and (ii) programs, projects, systems, and products comprising in the aggregate 80 percent of the budget of the agency. For purposes of applying such a threshold, the dollar values of various programs, projects, systems, and products of an agency that have individual values below the threshold shall be aggregated if they utilize equivalent planning or design elements, are jointly administered, or are functionally equivalent. (C) Criteria under which the value engineering manager of the agency may, on a case-by-case basis, waive the requirement of this Act to conduct value engineering studies, and procedures and requirements for documenting and maintaining records of the justification for each such waiver. (3) Provide training (including practical experience) in established value engineering methodology to agency staff responsible for coordinating and monitoring value engineering efforts and to staff responsible for developing, reviewing, analyzing, carrying out, changing, and evaluating value engineering proposals. (4) Ensure that funds necessary for conducting agency value engineering efforts are included in annual budget requests to the Office of Management and Budget. (5) Document and maintain records of-- (A) programs, projects, systems, and products that meet agency criteria for requiring the use of value engineering techniques; and (B) determinations (including the reasons therefor) that the recommendations resulting from a value engineering review should not be implemented. (6) Except when inconsistent with this Act, adhere to the acquisition requirements of the Federal Acquisition Regulation, including the use of value engineering clauses in parts 48 and 52 for both prime and subcontractors. (7) In the case of discretionary grants awarded by the agency, establish value engineering requirements, such as requiring grant applications to include a clause requiring the use of value engineering methodology by qualified value engineering personnel in the performance of the grant. (8) Develop annual plans for using value engineering in the agency, which, at a minimum, identify-- (A) the agency and contractor projects, programs, systems, and products to which value engineering techniques will be applied in the next fiscal year; and (B) the estimated costs of such projects, programs, systems, and products. (9) Report annually to the Office of Management and Budget on value engineering activities in accordance with subsection (c). (c) Reports to Office of Management and Budget.-- (1) In general.--The head of each Federal agency shall submit to the Office of Management and Budget an annual report on the results of using value engineering in the agency. The report shall be submitted by February 15 of each year. (2) Contents.--The report required by this subsection shall include the following: (A) The name, job title, address, telephone number, and any additional job titles of the agency's current value engineering manager. (B) The Government's return on investment in value engineering achieved through actual implementation by the agency of recommendations adopted as a result of value engineering, calculated by dividing the amount of savings achieved through such implementation by the cost of performing value engineering reviews. (C) The Government's potential return on investment achievable through value engineering, calculated by dividing the amount of savings achievable through the adoption of recommendations as a result of value engineering by the cost of performing value engineering reviews to produce those recommendations. (D) A description of the application of value engineering to the agency's 20 programs, projects, systems, and products having the highest dollar value, including the net savings and quality improvements achieved through use of value engineering in those programs, projects, systems, and products. (E) A listing of the criteria adopted by the agency pursuant to subsection (b)(2)(C) for waiving the application of the value engineering requirements of this Act, and documentation of any waivers granted under the criteria. (d) Inspector General Audits.--The Inspector General of each Federal agency shall audit the savings reported by the agency in the second annual report submitted under subsection (c). Thereafter, the Inspector General of each Federal agency shall audit the reported savings every second year. (e) Definitions.--For purposes of this Act, the following definitions apply: (1) The term ``Federal agency'' has the meaning the term ``agency'' has under section 551(1) of title 5, United States Code. (2) The term ``savings'' means a reduction in, or avoidance of, expenditures that would be incurred if programs, projects, systems, and products were not evaluated using value engineering techniques. (3) The term ``value engineering'' means an organized effort, performed by qualified agency or contractor personnel, directed at analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply for the purpose of achieving the essential functions at the lowest life-cycle cost that is consistent with required or improved performance, reliability, quality, and safety. (4) The term ``life-cycle cost'' means the total cost of a program, project, system, product, item of equipment, building, facility, service, or supply, computed over its useful life. The term includes all relevant costs involved in acquiring, owning, operating, maintaining, and disposing of the program, project, system, product, item of equipment, building, facility, service, or supply over a specified period of time. (f) Effective Date.--This Act shall take effect on January 1, 1994. (g) Review.--The Director of Management and Budget shall review the policies contained in this Act 5 years after the date of the enactment of this Act and shall report the results of such review to Congress.

Systematic Application of Value Engineering Act of 1993 - Requires Federal agencies to apply value engineering, at a minimum, to identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. Requires Inspector General audits of reported agency savings attributable to such value engineering.

Systematic Application of Value Engineering Act of 1993

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Subsection (a) of section 802 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431) is amended-- (1) in paragraphs (1), (6), and (7), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3) by inserting after paragraph (2) the following: ``(3) Coral reefs and associated coastal marine ecosystems provide a wide range of benefits to mankind by-- ``(A) harboring more species per unit area than any other marine habitat, providing the basis for developing pharmaceutical products and fostering a growing marine tourism sector; ``(B) providing a major source of food and jobs for hundreds of millions of coastal residents; and ``(C) serving as natural storm barriers, thus protecting vulnerable shorelines and communities from storm waves and erosion.''; and (4) in paragraph (4) (as redesignated)-- (A) by inserting ``and coral reef and associated coastal marine ecosystems'' after ``forest resources''; and (B) by inserting ``and coral reef and associated coastal marine ecosystem exploitation'' after ``tropical deforestation''. (b) Purposes.--Subsection (b) of such section is amended-- (1) in paragraphs (1), (3), and (4), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; and (2) in paragraph (2)-- (A) by striking ``tropical forests'' the first and third place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (B) by striking ``tropical forests'' the second place it appears and inserting ``areas''; and (C) by inserting at the end before the semicolon the following: ``and unsustainable coral reef and associated coastal marine ecosystem exploitation''. SEC. 2. DEFINITIONS. Section 803 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431a) is amended-- (1) in paragraph (2)(A), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; (2) by striking paragraphs (4), (7), (8), and (9); (3) in paragraph (5)-- (A) in the heading, by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; (B) in the matter preceding subparagraph (A), by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; and (C) in subparagraph (B)-- (i) by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; and (ii) by striking ``tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''; (4) by redesignating paragraphs (5) and (6) as paragraphs (9) and (10), respectively; and (5) by inserting after paragraph (3) the following: ``(4) Conservation agreement.--The term `Conservation Agreement' or `Agreement' means a Conservation Agreement provided for in section 809. ``(5) Conservation facility.--The term `Conservation Facility' or `Facility' means the Conservation Facility established in the Department of the Treasury by section 804. ``(6) Conservation fund.--The term `Conservation Fund' or `Fund' means a Conservation Fund provided for in section 810. ``(7) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthozoa; and ``(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. ``(8) Coral reef.--The term `coral reef' means any reef or shoal composed primarily of corals.''. SEC. 3. ESTABLISHMENT OF THE FACILITY. Section 804 of the Tropical Forest Conservation Act of 1988 (22 U.S.C. 2431b) is amended by striking ``Tropical Forest Facility'' and inserting ``Conservation Facility''. SEC. 4. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431c(a)) is amended by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''. SEC. 5. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Additional Terms and Conditions.--Subsection (c)(2) of section 806 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431d) is amended by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Authorization of Appropriations.--Subsection (d)(6) of such section is amended by striking ``fiscal year 2007'' and inserting ``each of the fiscal years 2007 through 2010''. (c) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Subsection (e) of such section is amended to read as follows: ``(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Of the amounts made available to carry out this part for a fiscal year, up to $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring, and administration.''. SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CREDITS EXTENDED UNDER TITLE I OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954. Section 807(c)(2) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431e(c)(2)) is amended by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS. Section 808(a)(5) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)) is amended by adding at the end the following: ``(C) United states government representation on the administering body.--One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from this debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.''. SEC. 8. CONSERVATION AGREEMENT. (a) Authority.--Subsection (a) of section 809 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431g) is amended-- (1) by striking ``(a) Authority.--'' and all that follows through ``The Secretary of State'' and inserting ``(a) Authority.--The Secretary of State''; (2) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (3) by striking paragraph (2). (b) Administering Body.--Subsection (c)(2)(A) of such section is amended-- (1) in clause (i), by inserting at the end before the semicolon the following: ``to serve in an official capacity''; and (2) in clause (iii)(III), by inserting ``or marine'' after ``forestry''. (c) Eligible Activities.--Subsection (d) of such section is amended-- (1) in the matter preceding paragraph (1), by striking ``the tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''; (2) in paragraph (2), by inserting ``and water'' after ``land''; (3) in paragraph (5), by striking ``tropical forest''; and (4) in paragraph (6), by striking ``living in or near a tropical forest in a manner consistent with protecting such tropical forest'' and inserting ``dependent on a tropical forest or coral reef or associated coastal marine ecosystem in a manner consistent with protecting and conserving such resources''. (d) Grant Recipients.--Subsection (e)(1)(A) of such section is amended by inserting ``marine,'' after ``forestry,''. (e) Review of Larger Grants.--Subsection (f) of such section is amended to read as follows: ``(f) Review of Larger Grants.--Any grant of more than $250,000 from a Fund shall be approved by the Government of the United States and the government of the beneficiary country.''. (f) Conforming Amendment.--The heading of such section is amended by striking ``tropical forest'' and inserting ``conservation''. SEC. 9. CONSERVATION FUND. (a) Establishment.--Subsection (a) of section 810 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431h) is amended-- (1) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (2) by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Technical and Conforming Amendments.--Such section is amended-- (1) in subsection (b), by striking ``terms as conditions'' and inserting ``terms and conditions''; and (2) in the heading, by striking ``tropical forest'' and inserting ``conservation''. SEC. 10. BOARD. Section 811 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431i) is hereby repealed. SEC. 11. ANNUAL REPORTS TO THE CONGRESS. Section 813 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431k) is amended-- (1) by striking ``(a) In General.--''; (2) by striking ``December 31'' and inserting ``April 15''; (3) by striking ``fiscal year'' each place it appears and inserting ``calendar year''; and (4) by striking subsection (b). SEC. 12. TECHNICAL AND CONFORMING AMENDMENTS. (a) Part Heading.--The heading of part V of the Foreign Assistance Act of 1961 is amended by striking ``tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''. (b) Short Title.-- (1) Amendment.--Section 801 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by striking ``Tropical Forest Conservation Act of 1998'' and inserting ``Tropical Forest and Coral Conservation Act of 2007''. (2) References.--Any reference in a law, regulation, document, or other record of the United States to the Tropical Forest Conservation Act of 1998 shall be deemed to be a reference to the Tropical Forest and Coral Conservation Act of 2007. (3) Availability of unobligated or unexpended funds.-- Amounts appropriated to carry out the Tropical Forest Conservation Act of 1998 (as in effect on the day before the date of the enactment of this Act) that are unobligated or unexpended as of the date of the enactment of this Act may be used to carry out the Tropical Forest and Coral Conservation Act of 2007. (c) Redesignation.--Part V of the Foreign Assistance Act of 1961 (22 U.S.C. 2431 et seq.) is amended by redesignating sections 812 and 813 as sections 811 and 812, respectively. (d) Other Amendments.--Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``or, as appropriate in exceptional circumstances,'' and inserting ``or''; and (2) in subparagraph (A), by striking ``or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, a Fund monitored program or its equivalent,'' and inserting ``an arrangement under the structural adjustment facility or enhanced structural adjustment facility, a Fund monitored program, or is implementing sound macroeconomic policies,''. Passed the House of Representatives October 9, 2007. Attest: LORRAINE C. MILLER, Clerk.

(Sec. 1) Amends the Tropical Forest Conservation Act of 1998 to include tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act. (Current law refers to only tropical forests.) (Sec. 3) Renames the Tropical Forest Facility as the Conservation Facility. (Sec. 4) Makes developing countries with tropical forests or coral reefs or associated coastal marine ecosystems eligible for benefits. (Current law refers only to tropical forests.) (Sec. 5) Authorizes appropriations through FY2010 for specified credit and concessional loan debt reduction owed to the United States. Increases obligations for program administration, monitoring, and auditing. (Sec. 7) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. (Sec. 8) Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000. (Sec. 8) Renames the Tropical Forest Agreement as the Conservation Agreement. (Sec. 9) Renames the Tropical Forest Fund as the Conservation Fund. (Sec. 10) Repeals Enterprise for the Americas Board authority to carry out activities under the Act. (Sec. 11) Revises certain reporting dates. (Sec. 12) Renames the Tropical Forest Conservation Act of 1998 as the Tropical Forest and Coral Conservation Act of 2007.

To amend the Tropical Forest Conservation Act of 1998 to provide debt relief to developing countries that take action to protect tropical forests and coral reefs and associated coastal marine ecosystems, to reauthorize such Act through fiscal year 2010, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Certification and Licensure of Teachers Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the measure of a good teacher is how much and how well the teacher's students learn; (2) the main teacher quality problem in 1998 is the lack of subject matter knowledge; (3) knowledgeable and eager individuals of sound character and various professional backgrounds should be encouraged to enter the kindergarten through grade 12 classrooms as teachers; (4) many talented professionals who have demonstrated a high level of subject area competence outside the education profession may wish to pursue careers in education, but have not fulfilled the traditional requirements to be certified or licensed as teachers; (5) States should have maximum flexibility and incentives to create alternative teacher certification and licensure programs in order to recruit well-educated people into the teaching profession; and (6) alternative routes can enable qualified individuals to fulfill State teacher certification or licensure requirements and will allow school systems to utilize the expertise of professionals and improve the pool of qualified individuals available to local educational agencies as teachers. (b) Purpose.--It is the purpose of this Act to improve the supply of well-qualified elementary school and secondary school teachers by encouraging and assisting States to develop and implement programs for alternative routes to teacher certification or licensure requirements. SEC. 3. ALLOTMENTS. (a) Allotments to States.-- (1) In general.--From the amount appropriated to carry out this Act for each fiscal year, the Secretary shall allot to each State the lesser of-- (A) the amount the State applies for under section 4; or (B) an amount that bears the same relation to the amount so appropriated as the total population of children ages 5 through 17 in the State bears to the total population of such children in all the States (based on the most recent data available that is satisfactory to the Secretary). (2) Reallocation.--If a State does not apply for the State's allotment, or the full amount of the State's allotment, under paragraph (1), the Secretary may reallocate the excess funds to 1 or more other States that demonstrate, to the satisfaction of the Secretary, a current need for the funds. (b) Special Rule.--Notwithstanding section 421(b) of the General Education Provisions Act (20 U.S.C. 1225(b)), funds awarded under this Act shall remain available for obligation by a recipient for a period of 2 calendar years from the date of the grant. SEC. 4. STATE APPLICATIONS. (a) In General.--Any State desiring to receive an allotment under this Act shall, through the State educational agency, submit an application at such time, in such manner, and containing such information, as the Secretary may reasonably require. (b) Requirements.--Each application shall-- (1) describe the programs, projects, and activities to be undertaken with assistance provided under this Act; and (2) contain such assurances as the Secretary considers necessary, including assurances that-- (A) assistance provided to the State educational agency under this Act will be used to supplement, and not to supplant, any State or local funds available for the development and implementation of programs to provide alternative routes to fulfilling teacher certification or licensure requirements; (B) the State educational agency has, in developing and designing the application, consulted with-- (i) representatives of local educational agencies, including superintendents and school board members (including representatives of their professional organizations if appropriate); (ii) elementary school and secondary school teachers, including representatives of their professional organizations; (iii) schools or departments of education within institutions of higher education; (iv) parents; and (v) other interested individuals and organizations; and (C) the State educational agency will submit to the Secretary, at such time as the Secretary may specify, a final report describing the activities carried out with assistance provided under this Act and the results achieved with respect to such activities. (c) GEPA Provisions Inapplicable.--Sections 441 and 442 of the General Education Provisions Act (20 U.S.C. 1232d and 1232e), except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to this Act. SEC. 5. USE OF FUNDS. (a) Use of Funds.-- (1) In general.--A State educational agency shall use funds provided under this Act to support programs, projects, or activities that develop and implement new, or expand and improve existing, programs that enable individuals to move to a teaching career in elementary or secondary education from another occupation through an alternative route to teacher certification or licensure. (2) Types of assistance.--A State educational agency may carry out such programs, projects, or activities directly, through contracts, or through grants to local educational agencies, intermediate educational agencies, institutions of higher education, or consortia of such agencies or institutions. (b) Uses.--Funds received under this Act may be used for-- (1) the design, development, implementation, and evaluation of programs that enable qualified professionals who have demonstrated a high level of subject area competence outside the education profession and are interested in entering the education profession to fulfill State teacher certification or licensure requirements; (2) the establishment of administrative structures necessary for the development and implementation of programs to provide alternative routes to fulfilling State teacher certification or licensure requirements; (3) training of staff, including the development of appropriate support programs, such as mentor programs, for teachers entering the school system through alternative routes to teacher certification or licensure; (4) the development of recruitment strategies; (5) the development of reciprocity agreements between or among States for the certification or licensure of teachers; or (6) other programs, projects, and activities that-- (A) are designed to meet the purpose of this Act; and (B) the Secretary determines appropriate. SEC. 6. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; secretary; and state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141). (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 United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $15,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal years.

Alternative Certification and Licensure of Teachers Act of 1998 - Establishes a program to assist States to develop and implement programs for alternative routes to teacher certification or licensure requirements, in order to increase the supply of well-qualified elementary school and secondary school teachers. Sets forth requirements for allotments to States, reallotments, State applications, and uses of funds. Authorizes appropriations.

Alternative Certification and Licensure of Teachers Act of 1998

SECTION 1. PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION. (a) Findings.--Congress makes the following findings: (1) Safety, security and peace is important to every citizen of the world, and shared information ensuring wide assistance among police authorities of nations for expeditious dissemination of information regarding criminal activities greatly assists in these efforts. (2) Direct and unobstructed participation in the International Criminal Police Organization (INTERPOL) is beneficial for all nations and their police authorities. Internationally shared information with authorized police authorities is vital to peacekeeping efforts. (3) With a history dating back to 1914, the role of INTERPOL is defined in its constitution: ``To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights.''. (4) Ongoing international threats, including international networks of terrorism, show the ongoing necessity to be ever inclusive of nations willing to work together to combat criminal activity. The ability of police authorities to coordinate, preempt, and act swiftly and in unison is an essential element of crisis prevention and response. (5) Taiwan maintained full membership in INTERPOL starting in 1964 through its National Police Administration but was ejected in 1984 when the People's Republic of China (PRC) applied for membership. (6) Nonmembership prevents Taiwan from gaining access to INTERPOL's I-24/7 global police communications system, which provides real-time information on criminals and global criminal activities. Taiwan is relegated to second-hand information from friendly nations, including the United States. (7) Taiwan is unable to swiftly share information on criminals and suspicious activity with the international community, leaving a huge void in the global crime-fighting efforts and leaving the entire world at risk. (8) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations and has consistently reiterated that support. (9) Following the enactment of Public Law 108-235, a law authorizing the Secretary of State to initiate and implement a plan to endorse and obtain observer status for Taiwan at the annual summit of the World Health Assembly and subsequent advocacy by the United States, Taiwan was granted observer status to the World Health Assembly for six consecutive years since 2009. Both prior to and in its capacity as an observer, Taiwan has contributed significantly to the international community's collective efforts in pandemic control, monitoring, early warning, and other related matters. (10) INTERPOL's constitution allows for observers at its meetings by ``police bodies which are not members of the Organization''. (b) Taiwan's Participation in INTERPOL.--The President shall-- (1) develop a strategy to obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms thereafter; and (2) instruct INTERPOL Washington to officially request observer status for Taiwan in INTERPOL and to actively urge INTERPOL member states to support such observer status and participation for Taiwan. (c) Report Concerning Observer Status for Taiwan in INTERPOL.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a report, in unclassified form, describing the United States strategy to endorse and obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms thereafter. The report shall include the following: (1) A description of the efforts the President has made to encourage INTERPOL member states to promote Taiwan's bid to obtain observer status in INTERPOL. (2) A description of the actions the President will take to endorse and obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms thereafter. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.

. (Sec. 1) This bill directs the President to: (1) develop a strategy to obtain observer status for Taiwan in the International Criminal Police Organization (INTERPOL) and at other related activities, and (2) instruct INTERPOL Washington to request observer status for Taiwan in INTERPOL and urge INTERPOL members to support Taiwan's observer status and participation. The President shall report to Congress regarding the U.S. strategy to obtain observer status for Taiwan in INTERPOL and at other related meetings, activities, and mechanisms.

To direct the President to develop a strategy to obtain observer status for Taiwan in the International Criminal Police Organization, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) black carbon-- (A) is a component of ambient particulate matter, the mixture of which has been found to harm public health by causing serious respiratory and cardiovascular effects in developed and developing countries; (B) plays a role in climate change by-- (i) absorbing solar radiation; and (ii) reducing the reflectivity of snow and ice; and (C) is emitted from incomplete combustion of fossil fuels, biomass, and biofuels; (2) recent studies have shown that, in the United States, old diesel engines are a major contributor of black carbon; (3)(A) the United States has made great progress in reducing black carbon emissions through regulations on new vehicles and engines and a voluntary national diesel retrofit program; but (B) there remain in the United States more than 11,000,000 diesel engines lacking the latest diesel emission control technology; and (4) the collection of information relating to, and research regarding, black carbon would be useful to identify cost- effective methods of reducing black carbon emissions in ways and from sources that would have beneficial effects on the public health and the climate. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Black carbon.--The term ``black carbon'' means any light-absorbing graphitic (such as elemental) particle produced by incomplete combustion. SEC. 3. STUDY OF BLACK CARBON EMISSIONS. (a) Study.--The Administrator, in consultation with the Secretary of Energy, the Secretary of State, and the heads of the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, the United States Agency for International Development, the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant Federal departments and agencies and representatives of appropriate industry and environmental groups, shall conduct a 4-phase study of black carbon emissions, the phases of which shall be the following: (1) Phase i-universal definition.--The Administrator shall conduct phase I of the study under this subsection to carry out measures to establish for the scientific community standard definitions of the terms-- (A) black carbon; and (B) organic carbon. (2) Phase ii-sources and technologies.--The Administrator shall conduct phase II of the study under this subsection to summarize the available scientific and technical information concerning-- (A) the identification of the major sources of black carbon emissions in the United States and throughout the world; (B) an estimate of-- (i) the quantity of current and projected future black carbon emissions from those sources; and (ii) the net climate effects of the emissions; (C) the most recent scientific data relevant to the public health- and climate-related impacts of black carbon emissions and associated emissions of organic carbon, nitrogen oxides, and sulfur oxides from the sources identified under subparagraph (A); (D) the most effective control strategies for additional domestic and international reductions in black carbon emissions, taking into consideration lifecycle analysis, cost-effectiveness, and the net climate impact of technologies, operations, and strategies, such as-- (i) diesel particulate filters on existing diesel on- and off-road engines; and (ii) particulate emission reduction measures for marine vessels; (E) carbon dioxide equivalency factors, global or regional modeling, or other metrics to compare the global warming and other climate effects of black carbon emissions with carbon dioxide and other greenhouse gas emissions; and (F) the health benefits associated with additional black carbon emission reductions. (3) Phase iii-international funding.--The Administrator shall conduct phase III of the study under this subsection-- (A) to summarize the amount, type, and direction of all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate-- (i) black carbon emissions; and (ii) any health, environmental, and economic impacts associated with those emissions; and (B) to identify opportunities, including action under existing authority, to achieve significant black carbon emission reductions in foreign countries through the provision of technical assistance or other approaches. (4) Phase iv-research and development opportunities.--The Administrator conduct phase IV of the study under this subsection for the purpose of providing to Congress recommendations regarding-- (A) areas of focus for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions and protect public health in the United States and internationally; and (B) actions that the Federal Government could take to encourage or require additional black carbon emission reductions. (b) Reports.--The Administrator shall submit to Congress-- (1) by not later than 180 days after the date of enactment of this Act, a report describing the results of phases I and II of the study under paragraphs (1) and (2) of subsection (a); (2) by not later than 270 days after the date of enactment of this Act, a report describing the results of phase III of the study under subsection (a)(3); and (3) by not later than 1 year after the date of enactment of this Act, a report describing the recommendations developed for phase IV of the study under subsection (a)(4). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a study of black carbon emissions, which shall include: (1) phase I to establish for the scientific community standard definitions of the terms black carbon and organic carbon; (2) phase II to summarize the available scientific and technical information concerning an identification of the major sources of black carbon emissions in the United States and throughout the world, an estimate of the quantity of current and projected emissions and the net climate effects of the emissions from those sources, the most effective control strategies for additional domestic and international reductions in black carbon emissions, and the health benefits associated with additional reductions; (3) phase III to summarize the amount, type, and direction of all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate black carbon emissions and any health, environmental, and economic impacts associated with those emissions and to identify opportunities to achieve significant black carbon emission reductions in foreign countries through the provision of technical assistance or other approaches; and (4) phase IV to provide recommendations regarding areas of focus for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions and protect public health and regarding government actions to encourage or require additional black carbon emission reduction. Sets forth reporting deadlines for each phase. Authorizes appropriations.

A bill to require the Administrator of the Environmental Protection Agency to conduct a study on black carbon emissions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Equity Act of 2001''. SEC. 2. APPROVAL OF UP TO 4 STATE WAIVERS TO ALLOW TITLE XXI ALLOTMENTS TO BE USED FOR INCREASING THE ENROLLMENT OF MEDICAID CHILDREN. (a) Definitions.--In this section: (1) Child.--With respect to a State, the term ``child'' has the meaning given such term for purposes of the State medicaid program under title XIX of the Social Security Act. (2) Child health assistance.--The term ``child health assistance'' has the meaning given that term in section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)). (3) Enhanced fmap.--The term ``enhanced FMAP'' has the meaning given that term in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (4) Federal medical assistance percentage.--The term ``Federal medical assistance percentage'' has the meaning given that term in section 1905(b) of such Act (42 U.S.C. 1396d(b)). (5) Poverty line.--The term ``poverty line'' has the meaning given that term in section 2110(c)(5) of such Act (42 U.S.C. 1397jj(c)(5)). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) State child health plan.--The term ``State child health plan'' has the meaning given that term under section 2110(c)(7) of such Act (42 U.S.C. 1397jj(c)(7)). (b) Approval of Certain Waivers.--The Secretary shall approve not more than 4 waiver applications under which the Secretary shall pay to a State that the Secretary determines satisfies the requirements described in subsection (c) the payment authorized under subsection (d). (c) Requirements.--The requirements described in this subsection are the following: (1) SCHIP income eligibility.--The State has a State child health plan that (whether implemented under title XIX or XXI of the Social Security Act)-- (A) has the highest income eligibility standard permitted under title XXI of such Act as of January 1, 2001; (B) subject to paragraph (2), does not limit the acceptance of applications for children; and (C) provides benefits to all children in the State who apply for and meet eligibility standards on a statewide basis. (2) No waiting list imposed.--With respect to children whose family income is at or below 200 percent of the poverty line, the State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of such children for child health assistance under such State plan. (3) Additional requirements.--The State has implemented at least 4 of the following policies and procedures (relating to coverage of children under titles XIX and title XXI of the Social Security Act): (A) Uniform, simplified application form.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A) of that Act (42 U.S.C. 1396a(a)(10)(A)), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under titles XIX and XXI of that Act. (B) Elimination of asset test.--The State does not apply any asset test for eligibility under section 1902(l) or title XXI of the Social Security Act (42 U.S.C. 1396a(l), 1397aa et seq.) with respect to children. (C) Adoption of 12-month continuous enrollment.-- The State provides that eligibility shall not be regularly redetermined more often than once every year under title XXI of such Act or for children described in section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)). (D) Same verification and redetermination policies; automatic reassessment of eligibility.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under title XXI of that Act, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under titles XIX and XXI. (E) Outstationing enrollment staff.--The State provides for the receipt and initial processing of applications for benefits under title XXI of such Act and for children under title XIX of that Act at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) of such Act (42 U.S.C. 1396r-4(a)(1)(A)) and Federally-qualified health centers described in section 1905(l)(2)(B) of that Act (42 U.S.C. 1396d(l)(2)(B)) consistent with section 1902(a)(55) of that Act (42 U.S.C. 1396a(a)(55)). (d) Payment Authorized.-- (1) In general.--Notwithstanding any provision of title XIX or XXI of the Social Security Act, or any other provision of law, with respect to a State with a waiver approved under this section that satisfies the requirements of subsection (c) (and that otherwise has a State child health plan approved under title XXI of the Social Security Act), the Secretary shall pay to the State from its allotment under section 2104 of the Social Security Act (42 U.S.C. 1397dd) an amount for each fiscal year (beginning with fiscal year 2002) determined under subparagraph (D) as follows: (A) Base expenditure amount.--The Secretary shall determine the total amount of expenditures for medical assistance under title XIX of the Social Security Act in the State for children described in paragraph (2) for fiscal year 1995. (B) Current expenditure amount.--The Secretary shall determine the total amount of expenditures for medical assistance under title XIX of such Act in the State for children described in paragraph (2) for the fiscal year involved. (C) Increased expenditures.--The Secretary shall determine the number (if any) by which the total amount determined under subparagraph (B) exceeds the total amount determined under subparagraph (A). (D) Bonus amount.--The amount determined under this subparagraph for a fiscal year is equal to the product of the following: (i) The total amount determined under subparagraph (C). (ii) The difference between the enhanced FMAP and the Federal medical assistance percentage for that State for the fiscal year involved. (2) Children described.--For purposes of paragraph (1)(A), the children described in this paragraph are-- (A) children who are eligible and enrolled for medical assistance under title XIX of the Social Security Act; and (B) children who-- (i) would be described in subparagraph (A) but for having family income that exceeds the highest income eligibility level applicable to such individuals under the State plan; and (ii) would be considered disabled under section 1614(a)(3)(C) of the Social Security Act (42 U.S.C. 1382c(a)(3)(C)) (determined without regard to the reference to age in that section but for having earnings or deemed income or resources, as determined under title XVI of such Act for children) that exceed the requirements for receipt of supplemental security income benefits. (3) Order of title xxi payments.--With respect to a State with a waiver approved under this section, payments to the State under section 2105(a) of the Social Security Act (42 U.S.C. 1397ee(a)) for a fiscal year shall, notwithstanding paragraph (2) of such section, be made in the following order: (A) First, for expenditures for items described in paragraph (1)(A) of section 2105(a) of such Act. (B) Second, for expenditures for items described in paragraph (1)(B) of such section. (C) Third, for the payment authorized under subsection (d)(1) of this section. (D) Fourth, for expenditures for items described in paragraph (1)(C) of section 2105(a) of the Social Security Act. (E) Fifth, for expenditures for items described in paragraph (1)(D) of such section.

Children's Health Equity Act of 2001 - Directs the Secretary of Health and Human Services to approve not more than four waiver applications to allow a State to use its allotment under the State children's health insurance programs (SCHIP) under title XXI of the Social Security Act to increase the enrollment of children eligible for medical assistance under the Medicaid program under title XIX of such Act.

A bill to require the Secretary of Health and Human Services to approve up to 4 State waivers to allow a State to use its allotment under the State children's health insurance program under title XXI of the Social Security Act to increase the enrollment of children eligible for medical assistance under the medicaid program under title XIX of such Act.

SECTION 1. CERTAIN CENTRIFUGE MEDIUM FREQUENCY DRIVE SUPPLY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge medium Free No change No change On or before 12/ ''. frequency drive 31/2009 supply, including medium frequency centrifuge drive converters, distribution and protection systems (isotopic separation equipment), for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 2. CERTAIN CENTRIFUGE SUPPLY AND SUPPORT SYSTEMS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge supply Free No change No change On or before 12/ ''. and support 31/2009 systems, including centrifuge monitoring system, proprietary centrifuge protection system (isotopic separation equipment), for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 3. CERTAIN CENTRIFUGE PLANT CONTROL SYSTEM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge plant Free No change No change On or before 12/ ''. control system, 31/2009 including proprietary software and hardware integration for core plant control systems (isotopic separation equipment), for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 4. CERTAIN CASCADE HEADER PIPE-WORK MODULES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Cascade header Free No change No change On or before 12/ ''. pipe-work modules 31/2009 (CHP), including approximately 2,000 modules specially designed to allow the correct distribution of the process gas into the cascade and made of a special grade aluminum, for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 5. CERTAIN CASCADE VALVE FRAMES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Cascade valve Free No change No change On or before 12/ ''. frames, including 31/2009 approximately 50 manifold units to be the interface from the main process plant to the cascade and specially designed to enable optimum operation of the cascades, for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.SEC. 6. CERTAIN CENTRIFUGE PROCESS GAS EQUIPMENT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.xx.xx Centrifuge process Free No change No change On or before 12/ ''. gas equipment 31/2009 (isotopic separation equipment) consisting of centrifuge process gas aluminum pipe work of special grade aluminum tubing, centrifuge process gas valves, specially designed for optimum flow control of process gas, and centrifuge process gas delivery pump sets, for the construction of an isotopic separation facility in southern New Mexico (provided for in subheading 8401.20.00)...... ''.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain structures, parts, and components for use in an isotopic separation facility.

To suspend temporarily the duty on certain structures, parts, and components for use in an isotopic separation facility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Substance Use Disorder Workforce Loan Repayment Act of 2018''. SEC. 2. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT EMPLOYEES. Title VII of the Public Health Service Act is amended-- (1) by redesignating part F as part G; and (2) by inserting after part E (42 U.S.C. 294n et seq.) the following: ``PART F--SUBSTANCE USE DISORDER TREATMENT EMPLOYEES ``SEC. 781. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT EMPLOYEES. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(1) the Secretary enters into agreements with individuals to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and ``(2) the individuals each agree to complete a period of service in a substance use disorder treatment job, as described in subsection (d). ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/6\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education or training for a substance use disorder treatment job. ``(2) Any loan under part E of title VIII (relating to nursing student loans). ``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(5) Any other Federal loan as determined appropriate by the Secretary. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, in a substance use disorder treatment job in the United States in-- ``(1) a Mental Health Professional Shortage Area, as designated under section 332; or ``(2) a county (or a municipality, if not contained within any county) where the mean drug overdose death rate per 100,000 people over the past 3 years for which official data is available from the State, is higher than the most recent available national average overdose death rate per 100,000 people, as reported by the Centers for Disease Control and Prevention. ``(e) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this subsection; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(f) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(2) Limitation.--The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section. ``(g) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. ``(h) Report to Congress.--Not later than 5 years after the date of enactment of the Substance Use Disorder Workforce Loan Repayment Act of 2018, and every other year thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on-- ``(1) the number and location of borrowers who have qualified for loan repayments under this section; and ``(2) the impact of this section on the availability of substance use disorder treatment employees nationally and in shortage areas and counties described in subsection (d). ``(i) Definition.--In this section: ``(1) The term `municipality' means a city, town, or other public body created by or pursuant to State law, or an Indian Tribe. ``(2) The term `substance use disorder treatment job' means a full-time job (including a fellowship)-- ``(A) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a substance use disorder, such as a physician, physician assistant, registered nurse, nurse practitioner, advanced practice registered nurse, social worker, recovery coach, mental health counselor, addictions counselor, psychologist or other behavioral health professional, or any other relevant professional as determined by the Secretary; and ``(B) which is located at a substance use disorder treatment program, private physician practice, hospital or health system-affiliated inpatient treatment center or outpatient clinic (including an academic medical center-affiliated treatment program), correctional facility or program, youth detention center or program, inpatient psychiatric facility, crisis stabilization unit, community health center, community mental health or other specialty community behavioral health center, recovery center, school, community-based organization, telehealth platform, migrant health center, health program or facility operated by a tribe or tribal organization, Federal medical facility, or any other facility as determined appropriate for purposes of this section by the Secretary. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2019 through 2028.''.

Substance Use Disorder Workforce Loan Repayment Act of 2018 This bill amends the Public Health Service Act to create a loan repayment program for individuals who complete a period of service in a substance use disorder treatment job in a mental health professional shortage area or a county where the drug overdose death rate is higher than the national average. The substance use disorder treatment job must be a full-time position where the primary intent and function is the direct care of patients with or in recovery from a substance use disorder. Individuals must enter into an agreement of service of up to six years with the Health Resources and Services Administration. The repayment program shall pay one-sixth of the principal and interest on any eligible loan for each year of service; the maximum total amount of repayment by the program is $250,000 per individual.

Substance Use Disorder Workforce Loan Repayment Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Officer's Armor Vest Tax Credit Act of 1997''. SEC. 2. CREDIT FOR AN ARMOR VEST PURCHASE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. PURCHASE OF AN ARMOR VEST BY A LAW ENFORCEMENT OFFICER. ``(a) Allowance of Credit.--In the case of an individual who is a law enforcement officer, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 100 percent of the amount paid by the taxpayer for the purchase of an armor vest. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $1,200 for each law enforcement officer. ``(2) Limitation to one vest.--The credit under this section shall be allowed with respect to the purchase of only one vest by the law enforcement officer within a 3-year period. ``(3) Carryforward of unused credits.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the armor vest is purchased. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(c) Definitions and Special Rules.-- ``(1) Law enforcement officer.-- ``(A) In general.--The term `law enforcement officer' means any officer, agent, or employee of the United States or any State, territory, or political subdivision thereof as authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal, State, territorial, or local criminal law. ``(B) Certain individuals.--Such term includes-- ``(i) a sworn correctional officer of the United States or any State, territory, or political subdivision thereof as authorized by law, and ``(ii) a private campus or educational institution security officer who has been granted special police powers under law. ``(2) Armor vest.--The term `armor vest' means-- ``(A) body armor, Type I or Type II-A, which protects against .357 Magnum jacketed soft point bullets, with nominal masses of 10.2 g (158 gr) impacting at a velocity of 381 meters (1250 feet) per second or less, and 9mm full metal jacketed bullets, with nominal masses of 8.0 g (124 gr), impacting at a velocity of 332 meters (1080 feet) per second or less; or ``(B) body armor which exceeds the specifications stated in subparagraph (A), and which the law enforcement officer's agency or department permits the officer to wear on duty. ``(3) Special rule.--No credit shall be allowed under subsection (a) if-- ``(A) the law enforcement officer has been issued an armor vest by such officer's agency or department for such officer's indefinite personal use, or ``(B) the law enforcement officer has been offered, within the 12-month period prior to the acquisition of the armor vest, an armor vest by such officer's agency or department for such officer's indefinite personal use, but has declined to accept such offer. ``(e) Recapture for Certain Dispositions.-- ``(1) In general.--If the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within the 36-month period beginning on the date the taxpayer acquired such property, then the tax imposed under this chapter for the taxable year in which such disposition occurs shall be increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Death of owner; casualty loss; involuntary conversion; etc.--Paragraph (1) shall not apply to-- ``(A) a disposition of an armor vest on account of the death of any individual having a legal or equitable interest therein occurring during such 36-month period, ``(B) a disposition of an armor vest on account of the law enforcement officer losing such officer's status as a law enforcement officer, whether involuntary or not, during such 36-month period, ``(C) a disposition of an armor vest during such 36-month period if such vest is damaged, destroyed, or rendered unusable by-- ``(i) any bullet, ``(ii) theft or casualty loss, or ``(iii) compulsory or involuntary conversion (within the meaning of section 1033), or ``(D) a disposition of an armor vest during such 36-month period pursuant to a settlement in a divorce or legal separation proceeding pursuant to which the armor vest is sold.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Purchase of an armor vest by a law enforcement officer.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Law Officer's Armor Vest Tax Credit Act of 1997 - Amends the Internal Revenue Code to permit, for a law enforcement officer, a credit for 100 percent of the costs (up to $1,200) of an armor vest purchased by the officer.

Law Officer's Armor Vest Tax Credit Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosing Aid Spent to Ensure Relief Act'' or the ``DISASTER Act''. SEC. 2. FINDINGS. Congress finds the following: (1) At a time of constrained budgets, it is fiscally prudent to understand the amount and the scope of the Federal Government's involvement in providing disaster-related assistance to communities in need. (2) The Federal Government does not provide a single, publicly available estimate of the amount it is spending on disaster-related assistance. (3) Because recovery is a long-term process, providing disaster-related assistance requires significant Federal resources to support a multi-agency, multi-year restoration of infrastructure and commerce in affected communities. (4) Understanding the expenditures of individual Federal agencies for disaster-related assistance will help better inform the congressional appropriations process, as well as presidential budget requests. (5) Knowledge about disaster-related expenses will illustrate opportunities for reducing these expenses through efforts to reduce vulnerabilities to future natural disasters. SEC. 3. PURPOSE. The purpose of this Act is to require the Director of the Office of Management and Budget to annually submit to Congress a report on all disaster-related assistance provided by the Federal Government. SEC. 4. REPORTING OF DISASTER-RELATED ASSISTANCE. (a) In General.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1126. Reporting of disaster-related assistance ``(a) In General.--On the same day that the President makes the annual budget submission to the Congress under section 1105(a) for a fiscal year, the Director of the Office of Management and Budget shall submit to Congress a report on Federal disaster-related assistance for the fiscal year ending in the calendar year immediately preceding the calendar year in which the annual budget submission is made. Disaster- related assistance encompasses Federal obligations related to disaster response, recovery, and mitigation efforts, as well as administrative costs associated with these activities, including spending by the following agencies and programs: ``(1) Department of Agriculture: ``(A) Agriculture Research Service. ``(B) Farm Service Agency. ``(C) Food and Nutrition Service. ``(D) Natural Resource Conservation Service. ``(E) Forest Service. ``(F) Rural Housing Service. ``(G) Rural Utilities Service. ``(2) Department of Commerce: ``(A) National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. ``(B) Economic Development Administration Economic Adjustment Assistance. ``(3) Army Corps of Engineers of the Department of Defense (Civil). ``(4) Department of Defense (Military): ``(A) Military Personnel. ``(B) Operations and Maintenance. ``(C) Procurement. ``(D) Research, Development, Test, and Evaluation. ``(E) Military Construction (MILCON) and Family Housing. ``(F) Management Funds. ``(G) Other Department of Defense Programs. ``(5) Department of Education: ``(A) Elementary and Secondary Education. ``(B) Higher Education. ``(6) Department of Health and Human Services: ``(A) Administration for Children and Families. ``(B) Public Health and Medical Assistance. ``(C) Public Health Emergency Fund. ``(7) Department of Homeland Security: ``(A) Federal Emergency Management Agency: ``(i) Emergency Declarations. ``(ii) Fire Management Assistance Grants. ``(iii) Major Disaster Declarations. ``(iv) Administrative Assistance. ``(B) FEMA Missions Assignments by Federal Agency. ``(C) Community Disaster Loan Program. ``(8) Department of Housing and Urban Development (HUD): ``(A) Community Development Block Grants. ``(B) Rental Assistance/Section 8 Vouchers. ``(C) Supportive Housing. ``(D) Public Housing Repair. ``(E) Inspector General. ``(9) Department of the Interior: ``(A) Bureau of Indian Affairs. ``(B) United States Fish and Wildlife Service. ``(C) National Park Service. ``(D) Wildland Fire Management. ``(10) Department of Justice: ``(A) Legal Activities. ``(B) United States Marshals Service. ``(C) Federal Bureau of Investigation. ``(D) Drug Enforcement Administration. ``(E) Bureau of Tobacco, Firearms, and Explosives. ``(F) Federal Prison System (Bureau of Prisons). ``(G) Office of Justice Programs. ``(11) Department of Labor: ``(A) National Emergency Grants for Dislocation Events. ``(B) Workforce Investment Act (WIA) Dislocated Worker Program. ``(12) Department of Transportation: ``(A) Federal Highway Administration: Emergency Relief Program (ER). ``(B) Federal Aviation Administration (FAA). ``(C) Federal Transit Administration (FTA). ``(13) Department of the Treasury: Internal Revenue Service. ``(14) Department of Veterans Affairs. ``(15) Corporation for National and Community Service. ``(16) Environmental Protection Agency: ``(A) Hurricane Emergency Response Authorities. ``(B) EPA Hurricane Response. ``(C) EPA Regular Appropriations. ``(17) The Federal Judiciary. ``(18) Disaster Assistance Program of the Small Business Administration. ``(19) Other authorities as appropriate. ``(b) Content.--The report shall detail the following: ``(1) Overall amount of disaster-related assistance obligations during the fiscal year. ``(2) Disaster-related assistance obligations by agency and account. ``(3) Disaster for which the spending was obligated. ``(4) Obligations by disaster. ``(5) Disaster-related assistance by disaster type. ``(6) Response and recovery spending. ``(7) Mitigation spending. ``(8) Spending in the form of loans. ``(9) Spending in the form of grants. ``(c) Availability of Report.--The report shall be made publicly available on the website of the Office of Management and Budget and should be searchable, sortable and downloadable.''. (b) Conforming Amendment.--The table of chapters for chapter 11 of title 31, United States Code, is amended by adding at the end the following new item: ``1126. Reporting of disaster-related assistance.''. SEC. 5. EFFECTIVE DATE. The reporting requirement under the amendment made by section 3(a) shall take effect with the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2017.

Disclosing Aid Spent to Ensure Relief Act or the DISASTER Act - Requires the Director of the Office of Management and Budget (OMB) to submit annually to Congress a report on all disaster-related assistance provided by the federal government. Requires the report to include all federal obligations related to disaster response, recovery, mitigation efforts, and administrative costs associated with these activities for specified agencies and programs.

DISASTER Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Those Who Serve Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Increasing numbers of members of the Armed Forces serving in Afghanistan and Iraq are suffering from the significant injuries of the current conflict: post traumatic stress disorder and traumatic brain injury (hereafter in this Act referred to as ``PTSD'' and ``TBI'', respectively) . (2) A recent report by the RAND Corporation estimated that of the 1.64 million individuals who have been deployed to Afghanistan and Iraq, approximately 300,000 individuals currently suffer from PTSD or major depression and that 320,000 report having a probable TBI during deployment. (3) The need for mental health services is likely to increase because deployment lengths have increased in the last year, the number of troops who have served in multiple deployments is increasing, and the breaks between deployments have been infrequent. (4) Several experts have noted the difficulties faced by members of the Armed Forces in getting screened, diagnosed, and treated for PTSD and TBI. The RAND report found that, of those who met diagnostic criteria for PTSD or major depression, only 53 percent had seen a physician or mental health provider to seek help for a mental health problem in the past 12 months. (5) Stigma remains a critical barrier to members of the Armed Forces who may be in need of psychological care, especially fears that seeking mental health care will lower the confidence of others in their abilities, threaten career advancement and security clearances, and possibly cause removal from their unit. (6) Stigma may be greatest among those individuals with the greatest need for mental health services. (7) To combat stigma, the Mental Health Task Force of the Department of Defense and others have noted the need for the Department to reexamine its policies, including those policies related to command notification or self-disclosure of psychological health issues that contribute to fears that seeking mental health care will negatively affect career opportunities or advancement. (8) The Mental Health Task Force stated that this ``widespread perception that seeking psychological health services is costly to an individual's career . . . must be challenged through thoughtful refinements in command notification policies, including redefining the balance between the need to encourage those in need to seek help and the need for commanders to know in order to maintain force readiness''. (9) Congress recognizes that much change is under way to implement numerous recommendations to address concerns that soldiers in need of mental health services for PTSD and other conditions are not receiving, including efforts led by the Department of Defense and the Department of Veterans Affairs. (10) However, without addressing stigma at all levels, including structurally, these laudable efforts may not accomplish their goals. (11) In its July 2007 report, the Mental Health Task Force called for ending overly conservative policies that have the unintentional consequence of fueling erroneous beliefs that seeking psychological health care invariably results in permanent damage to one's military career. For example, the Task Force called for allowing, in the case of alcohol use by a member of the Armed Forces, for the member to receive appropriate and non-prejudicial education and preventive services, without a requirement for command notification, when, in a clinician's judgment, the alcohol use does not warrant a diagnosis of substance abuse or dependency or does not require entry into a formal treatment program. (12) In May, responding to some of these concerns, Secretary of Defense Robert Gates reportedly approved a change in the Department's security clearance process to help remove the stigma associated with seeking mental health care. Under the change, members of the Armed Forces and employees of the Department of Defense who have received mental health care will no longer have to acknowledge that when they fill out standard security clearance forms, unless the treatment was court- ordered or involved violence. (13) Congress encourages the Department to explore further changes to notification and other policies to further reduce stigma among members of the Armed Forces, especially as it relates to career opportunities. SEC. 3. MENTAL HEALTH SERVICES ACCESS DEMONSTRATION PROJECT. (a) Demonstration Project Required.--The Secretary of Defense shall conduct a demonstration project designed to develop and test options for the following: (1) Increasing access of members of the Armed Forces returning from deployment abroad, and family members of such members, to accessible, safe, and confidential mental health counseling. (2) Reducing stigma and perceived career repercussions associated with such members seeking such services. (3) Making high quality mental health services more user friendly and accessible for members of the Armed Forces and their family members, including making services available outside standard working hours. (b) Purpose.--The purpose of the demonstration project is to provide high-quality treatment, using (to the extent practicable) evidence-based treatment, for a broad range of mental health conditions, including post-traumatic stress disorder and depression, with the goal of early intervention to promote effective coping and resilience. (c) Duration of Project.--The demonstration project authorized by this section shall be implemented for a period of three years beginning not later than one year after the date of the enactment of this Act. SEC. 4. SPECIAL WORKING GROUP ON CONFIDENTIALITY. (a) Establishment.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish a Special Working Group, which shall be composed of mental health professionals from each of the Armed Forces, officials from the Surgeon General Offices at each Armed Force, members of the Armed Forces who have been deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom, and other members as determined appropriated by the Assistant Secretary. (b) Appointment.--The Secretary shall make every effort to appoint members of the working group not later than 60 days after the date of the enactment of this Act. (c) Purpose.--The Special Working Group shall develop guidelines and make recommendations about regulations to ensure that confidentiality is protected to the maximum extent possible for members of the Armed Forces participating in the demonstration project. (d) Specific Duties.--In addition to such other duties as the Secretary may assign to the Working Group, the duties of the Working Group shall include the following: (1) Review of requirements for documentation of health care visits.--The review of current policies, questionnaires, and other relevant documents that require official documentation of health care visits by a member of the Armed Forces seeking mental health services, including when access to such services must be documented in the personnel record of a member. (2) Criteria for changes to command notification.--The development of guidelines and criteria for the demonstration project to address any needed changes to military command notification requirements to ensure that a visit to an off-base treatment site by a member of the Armed Forces for mental health services is not recorded on any military medical or other record of the member, except in accordance with guidelines developed under paragraph (3). (3) Guidelines for breach of confidentiality.--The development of guidelines for the demonstration project to address the circumstances under which the confidentiality protections afforded to a member of the Armed Forces participating in the demonstration project may be breached and notification to military commanders and documentation in personnel records may be made. Such guidelines shall provide, in general, that confidentiality may be broken only if a mental health professional determines that the member is a threat to the member or to another person. (4) Criteria to limit access to treatment records.--The development of criteria for the demonstration project for limiting access to the treatment records of members of the Armed Forces treated at the demonstration locations, including when to allow, if appropriate, appropriate access and notification to military commanders consistent with guidelines developed under paragraph (3). (5) Criteria for fitness for duty.--The development of criteria for determining fitness for duty and deployment for a member of the Armed Forces that does not depend solely on the number of visits to mental health providers by the member. (6) Guidelines for payment.--The development of guidelines for ensuring that demonstration sites under the demonstration project receive payment from the Department of Defense for treating members of the Armed Forces notwithstanding any requirements of the Department that prohibit such payments without certain commander notification or personnel documentation requirements. (7) Changes related to disclosure of services received under project.--The provision of changes as necessary to ensure that those receiving care at demonstration locations are not required to reveal any services they receive at these locations on any military form or questionnaire, except to comply with any guidelines developed under paragraph (3). (8) Standards to assess effectiveness of project.--The development of evaluation standards and criteria to use to assess the effectiveness of the demonstration project in increasing access to care, decreasing stigma, and improving high quality mental health care provided to members of the Armed Forces. As appropriate, the evaluation should be structured to include both pre- and post-demonstration assessments of changes in-- (A) access and utilization of care; (B) costs of care; (C) outcomes of care; (D) member satisfaction with access to and quality of care; and (E) impact on the ability of military commanders to determine member fitness for duty and deployability. (e) Submission of Plan and Deadline.-- (1) Plan.--The Special Working Group shall submit to the Secretary of Defense a plan with details on the implementation and evaluation of the demonstration project. After approval of the plan by the Secretary, the Special Working Group shall submit to Congress the plan. (2) Deadline.--All duties of the Special Working group, including submission of the plan under paragraph (1), shall be completed before selection of any site of the demonstration project under section 3 but in no case shall the date of completion of such duties be later than one year after the date of the enactment of this Act. (f) Application of Guidelines and Recommendations.--The guidelines and other recommendations, including changes and standards, developed by the Special Working Group under this section shall be applicable only to the demonstration project unless the Secretary of Defense determines otherwise. SEC. 5. ADVISORY GROUP FOR OVERSIGHT OF DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of Defense shall establish an advisory group of qualified individuals to oversee implementation of the demonstration project. (b) Duties.--The advisory group shall-- (1) ensure that the demonstration project adheres to the guidelines developed by the Special Working Group under section 4; (2) ensure that plans for implementing the demonstration at selected sites are developed and include-- (A) outreach strategies to ensure that participants in the project are informed about the availability of the programs being provided under the project; and (B) a plan for training and certifying mental health providers as well as the development of strategies and settings, including settings that are not located at military treatment facilities, where care can be offered; (3) ensure that the demonstration project has detailed evaluation plans, using the criteria and standards developed by the Special Working Group; and (4) ensure that independent evaluations of the demonstration project are conducted in accordance with the guidelines developed by the Special Working Group, and that the results of those evaluations are provided to the Secretary of Defense. SEC. 6. REPORTS ON DEMONSTRATION PROJECT. (a) Reports Required.-- (1) In general.--The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives two reports on the demonstration project. (2) First report.--The first report shall examine and assess the plan developed by the Special Working Group under section 4(e)(1) for implementation and evaluation of the demonstration project. (3) Second report.--The second report shall include the following: (A) The results of the demonstration project, evaluated in accordance with the guidelines and other criteria, changes, and standards developed by the Special Working Group. (B) Recommendations on whether any of the policy changes tested in the demonstration project should be adopted throughout the Department of Defense. (C) A plan to ensure that each member of the Armed Forces participating in the demonstration project continues to have access to mental health services and providers after the conclusion of the demonstration project. (b) Deadlines.--The first report under this section shall be submitted not later than one year after the date the demonstration project begins to be implemented. The second report shall be submitted at the completion of the demonstration project. SEC. 7. STUDY AND REPORT ON RETENTION OF MILITARY MENTAL HEALTH PROFESSIONALS. (a) Study.--The Secretary of Defense, in consultation with the Surgeon General of each branch of the Armed Forces, shall conduct a study to determine the reasons for attrition among military mental health professionals and to make recommendations to increase recruitment and retention of military mental health professionals, such as through scholarships, loan forgiveness, or updates in current recruiting bonuses. (b) Report.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the study conducted and recommendations made under subsection (a), including-- (1) the estimated cost of implementing each such recommendation; (2) with respect to each branch of the Armed Forces, an estimate of the existing number of military mental health professionals and the estimated number of such professionals required to meet demand, including for future years, for mental health services; and (3) any recommendations for legislative changes necessary to implement the recommendations made under such study. (c) Military Mental Health Professional Defined.--For purposes of this section, the term ``military mental health professional'' means a mental health professional who provides mental health services to members of the Armed Forces, whether such professional is a member of the Armed Forces, an employee of the Department of Defense, or a contractor of the Department of Defense.

Helping Those Who Serve Act - Directs the Secretary of Defense to conduct a demonstration project (project) designed to: (1) increase access of members of the Armed Forces (members) returning from deployment abroad, and their families, to accessible, safe, and confidential mental health counseling; (2) reduce the stigma and career repercussions associated with seeking such services; and (3) make high-quality mental health services more user-friendly to such members and their families. Requires the Secretary to: (1) establish a Special Working Group to develop guidelines and recommendations to ensure the protection of confidentiality for members participating in the project; (2) establish an advisory group to oversee project implementation; (3) submit project reports to the congressional defense committees; and (4) conduct a study of reasons for attrition among military mental health professionals, and make recommendations to increase the recruitment and retention of such individuals.

To require the Secretary of Defense to conduct a demonstration project regarding access to mental health services by members of the Armed Forces.

SECTION 1. PRESIDENTIAL CERTIFICATIONS. (a) Certifications Regarding Environmental Agreement.-- (1) Annual certifications.--The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation-- (A) to ensure that the regulations of that country establish and enforce levels of environmental protection that meet the requirements of its constitution and other laws setting forth the country's policy on environmental protection; and (B) to effectively enforce the laws referred to in paragraph (1). (2) Basis of certification.--The Administrator of the Environmental Protection Agency shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws governing environmental protection, and its progress in protecting the environment in accordance with its development. In doing so, the Administrator shall consider the country's-- (A) air quality standards; (B) water effluent standards; and (C) hazardous waste disposal standards. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). (b) Certifications Regarding Labor Agreement.-- (1) Annual certifications.--The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Labor Cooperation to comply with the objectives of that Agreement to promote and improve laws protecting worker rights and to promote compliance with these laws by using appropriate methods such as-- (A) monitoring and on-site inspection by trained; (B) encouragement of voluntary compliance by employers; (C) mandatory reporting by employers to appropriate governmental authorities; and (E) enforcement actions. (2) Basis of certification.--The Secretary of Labor shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws protecting worker rights. In doing so, the Secretary shall consider the country's enforcement of such laws in accordance with the following labor principles (as stated in the Preamble of the North American Agreement on Labor Cooperation): (A) Freedom of association. (B) The right to bargain collectively. (C) The right to strike. (D) Prohibition on forced labor. (E) Restrictions on labor by children and young people. (F) Minimum employment standards. (G) Elimination of employment discrimination. (H) Equal pay for men and women. (I) Prevention of occupational accidents and diseases. (J) Compensation in cases of work accidents and occupational diseases. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). SEC. 2. DENIAL OF CERTAIN BENEFITS. (a) In General.--In any case in which the President certifies in a report submitted under section 1 that a NAFTA country is not meeting commitments made in the North American Agreement on Environmental Cooperation or the North American Agreement on Labor Cooperation, then the following shall apply, beginning 30 days after the report is submitted, until the next report is submitted under section 1: (1) Denial of united states assistance.--That country may not receive any United States assistance (other than humanitarian assistance), including any loans or other extensions of credit or credit guarantees by the United States. (2) Opposition to assistance by international financial institutions.--The President shall direct the United States Representative to each international financial institution to use the voice and vote of the United States to oppose any loan or other extension of credit to that country. (3) Imposition of tariffs.--The President may impose on products of that country, notwithstanding any other provision of law, tariffs, in addition to those that would otherwise apply, on products in those sectors of the economy directly related to the failure of the country to meet the commitments made in the applicable agreement. (b) Waiver.--The President may waive the application of any provision of subsection (a) with respect to a country if the President determines that it is in the national security interests of the United States to do so and the President submits that determination, and the rationale for the determination, to the Congress at least 30 days before the waiver would take effect. SEC. 3. DEFINITIONS. As used in this Act: (1) International financial institution.--The term ``international financial institution'' has the meaning given that term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)). (2) Nafta country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (3) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (4) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)). (5) United states assistance.--The term ``United States assistance'' means any program of assistance or credits provided by the United States to other countries under any provision of law.

Directs the President to certify annually to the Congress whether or not each North American Free Trade Agreement (NAFTA) country is meeting its commitments under the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation (NAFTA supplemental agreements). Establishes certain economic and trade sanctions for countries that receive a negative certification. Authorizes the President to waive the requirements of this Act if it is in the U.S. national security interest.

To require the President to certify whether the commitments made in the side agreements on the environment and on labor to the North American Free Trade Agreement are being met, and to remove certain benefits from a country that is certified as not meeting those commitments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming Access for Investments in Startup Enterprises Act of 2015'' or the ``RAISE Act of 2015''. SEC. 2. EXEMPTED TRANSACTIONS. (a) Exempted Transactions.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(7) transactions meeting the requirements of subsection (d).''; (2) by redesignating the second subsection (b) (relating to securities offered and sold in compliance with Rule 506 of Regulation D) as subsection (c); and (3) by adding at the end the following: ``(d) Certain Accredited Investor Transactions.--The transactions referred to in subsection (a)(7) are transactions meeting the following requirements: ``(1) Accredited investor requirement.--Each purchaser is an accredited investor, as that term is defined in section 230.501(a) of title 17, Code of Federal Regulations (or any successor regulation). ``(2) Prohibition on general solicitation or advertising.-- Neither the seller, nor any person acting on the seller's behalf, offers or sells securities by any form of general solicitation or general advertising. ``(3) Information requirement.--In the case of a transaction involving the securities of an issuer that is neither subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to section 240.12g3-2(b) of title 17, Code of Federal Regulations, nor a foreign government (as defined in section 230.405 of title 17, Code of Federal Regulations) eligible to register securities under Schedule B, the seller and a prospective purchaser designated by the seller obtain from the issuer, upon request of the seller, and the seller in all cases makes available to a prospective purchaser, the following information (which shall be reasonably current in relation to the date of resale under this section): ``(A) The exact name of the issuer and the issuer's predecessor (if any). ``(B) The address of the issuer's principal executive offices. ``(C) The exact title and class of the security. ``(D) The par or stated value of the security. ``(E) The number of shares or total amount of the securities outstanding as of the end of the issuer's most recent fiscal year. ``(F) The name and address of the transfer agent, corporate secretary, or other person responsible for transferring shares and stock certificates. ``(G) A statement of the nature of the business of the issuer and the products and services it offers, which shall be presumed reasonably current if the statement is as of 12 months before the transaction date. ``(H) The names of the officers and directors of the issuer. ``(I) The names of any persons registered as a broker, dealer, or agent that shall be paid or given, directly or indirectly, any commission or remuneration for such person's participation in the offer or sale of the securities. ``(J) The issuer's most recent balance sheet and profit and loss statement and similar financial statements, which shall-- ``(i) be for such part of the 2 preceding fiscal years as the issuer has been in operation; ``(ii) be prepared in accordance with generally accepted accounting principles or, in the case of a foreign private issuer, be prepared in accordance with generally accepted accounting principles or the International Financial Reporting Standards issued by the International Accounting Standards Board; ``(iii) be presumed reasonably current if-- ``(I) with respect to the balance sheet, the balance sheet is as of a date less than 16 months before the transaction date; and ``(II) with respect to the profit and loss statement, such statement is for the 12 months preceding the date of the issuer's balance sheet; and ``(iv) if the balance sheet is not as of a date less than 6 months before the transaction date, be accompanied by additional statements of profit and loss for the period from the date of such balance sheet to a date less than 6 months before the transaction date. ``(K) To the extent that the seller is a control person with respect to the issuer, a brief statement regarding the nature of the affiliation, and a statement certified by such seller that they have no reasonable grounds to believe that the issuer is in violation of the securities laws or regulations. ``(4) Issuers disqualified.--The transaction is not for the sale of a security where the seller is an issuer or a subsidiary, either directly or indirectly, of the issuer. ``(5) Bad actor prohibition.--Neither the seller, nor any person that has been or will be paid (directly or indirectly) remuneration or a commission for their participation in the offer or sale of the securities, including solicitation of purchasers for the seller is subject to an event that would disqualify an issuer or other covered person under Rule 506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject to a statutory disqualification described under section 3(a)(39) of the Securities Exchange Act of 1934. ``(6) Business requirement.--The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person. ``(7) Underwriter prohibition.--The transaction is not with respect to a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution. ``(8) Outstanding class requirement.--The transaction is with respect to a security of a class that has been authorized and outstanding for at least 90 days prior to the date of the transaction. ``(e) Additional Requirements.-- ``(1) In general.--With respect to an exempted transaction described under subsection (a)(7): ``(A) Securities acquired in such transaction shall be deemed to have been acquired in a transaction not involving any public offering. ``(B) Such transaction shall be deemed not to be a distribution for purposes of section 2(a)(11). ``(C) Securities involved in such transaction shall be deemed to be restricted securities within the meaning of Rule 144 (17 CFR 230.144). ``(2) Rule of construction.--The exemption provided by subsection (a)(7) shall not be the exclusive means for establishing an exemption from the registration requirements of section 5.''. (b) Exemption in Connection With Certain Exempt Offerings.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) by redesignating the second subparagraph (D) and subparagraph (E) as subparagraphs (E) and (F), respectively; (2) in subparagraph (E), as so redesignated, by striking ``; or'' and inserting a semicolon; (3) in subparagraph (F), as so redesignated, by striking the period and inserting ``; or''; and (4) by adding at the end the following new subparagraph: ``(G) section 4(a)(7).''. Passed the House of Representatives October 6, 2015. Attest: KAREN L. HAAS, Clerk.

Reforming Access for Investments in Startup Enterprises Act of 2015 or the RAISE Act of 2015 (Sec. 2) The Securities Act of 1933 is amended to exempt from security registration requirements, and related prohibitions against using interstate commerce and the mails for the sale or delivery of securities after sale, any transaction where: each purchaser is an accredited investor; neither the seller, nor any person acting on the seller's behalf, offers or sells securities by general solicitation or advertising; the seller and prospective purchaser obtain from an issuer meeting certain criteria reasonably current specified information; the transaction is not for the sale of a security whose seller is neither an issuer nor a subsidiary of the issuer; neither the seller, nor any person receiving remuneration for participating in the offer or sale of the securities, is subject to certain legal disqualification (bad actor); the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company with no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; the transaction does not involve a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution; and the transaction does involve a security of a class authorized and outstanding for at least 90 days before the transaction. Securities acquired in such exempt transactions shall be deemed to: (1) have been acquired in a transaction not involving any public offering, (2) not be a distribution involving an underwriter, and (2) be restricted securities not subject to certain transaction requirements. All transactions under this Act shall be exempt from state regulation of securities offerings.

Reforming Access for Investments in Startup Enterprises Act of 2015 or the RAISE Act of 2015

SECTION 1. AUTHORITY FOR 16- AND 17-YEAR-OLDS TO LOAD MATERIALS INTO SCRAP PAPER BALERS AND PAPER BOX COMPACTORS. Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by adding to the end thereof the following new paragraph: ``(5)(A) In the administration and enforcement of the child labor provisions of this Act, employees who are 16 and 17 years of age shall be permitted to load materials into, but not operate or unload materials from, scrap paper balers and paper box compactors-- ``(i) that are safe for 16- and 17-year-old employees loading the scrap paper balers or paper box compactors; and ``(ii) that cannot be operated while being loaded. ``(B) For purposes of subparagraph (A), scrap paper balers and paper box compactors shall be considered safe for 16- or 17-year-old employees to load only if-- ``(i)(I) the scrap paper balers and paper box compactors meet the American National Standards Institute's Standard ANSI Z245.5- 1990 for scrap paper balers and Standard ANSI Z245.2-1992 for paper box compactors; or ``(II) the scrap paper balers and paper box compactors meet an applicable standard that is adopted by the American National Standards Institute after the date of enactment of this paragraph and that is certified by the Secretary to be at least as protective of the safety of minors as the standard described in subclause (I); ``(ii) the scrap paper balers and paper box compactors include an on-off switch incorporating a key-lock or other system and the control of the system is maintained in the custody of employees who are 18 years of age or older; ``(iii) the on-off switch of the scrap paper balers and paper box compactors is maintained in an off position when the scrap paper balers and paper box compactors are not in operation; and ``(iv) the employer of 16- and 17-year-old employees provides notice, and posts a notice, on the scrap paper balers and paper box compactors stating that-- ``(I) the scrap paper balers and paper box compactors meet the applicable standard described in clause (i); ``(II) 16- and 17-year-old employees may only load the scrap paper balers and paper box compactors; and ``(III) any employee under the age of 18 may not operate or unload the scrap paper balers and paper box compactors. The Secretary shall publish in the Federal Register a standard that is adopted by the American National Standards Institute for scrap paper balers or paper box compactors and certified by the Secretary to be protective of the safety of minors under clause (i)(II). ``(C)(i) Employers shall prepare and submit to the Secretary reports-- ``(I) on any injury to an employee under the age of 18 that requires medical treatment (other than first aid) resulting from the employee's contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor; and ``(II) on any fatality of an employee under the age of 18 resulting from the employee's contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor. ``(ii) The reports described in clause (i) shall be used by the Secretary to determine whether or not the implementation of subparagraph (A) has had any effect on the safety of children. ``(iii) The reports described in clause (i) shall provide-- ``(I) the name, telephone number, and address of the employer and the address of the place of employment where the incident occurred; ``(II) the name, telephone number, and address of the employee who suffered an injury or death as a result of the incident; ``(III) the date of the incident; ``(IV) a description of the injury and a narrative describing how the incident occurred; and ``(V) the name of the manufacturer and the model number of the scrap paper baler or paper box compactor involved in the incident. ``(iv) The reports described in clause (i) shall be submitted to the Secretary promptly, but not later than 10 days after the date on which an incident relating to an injury or death occurred. ``(v) The Secretary may not rely solely on the reports described in clause (i) as the basis for making a determination that any of the employers described in clause (i) has violated a provision of section 12 relating to oppressive child labor or a regulation or order issued pursuant to section 12. The Secretary shall, prior to making such a determination, conduct an investigation and inspection in accordance with section 12(b). ``(vi) The reporting requirements of this subparagraph shall expire 2 years after the date of enactment of this subparagraph.''. SEC. 2. CIVIL MONEY PENALTY. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``section 12,'' and inserting ``section 12 or section 13(c)(5),''; and (2) by striking ``that section'' and inserting ``section 12 or section 13(c)(5)''. SEC. 3. CONSTRUCTION. Section 1 shall not be construed as affecting the exemption for apprentices and student learners published in section 570.63 of title 29, Code of Federal Regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Provides that, in the administration and enforcement of the child labor provisions of the Fair Labor Standards Act of 1938, 16- and 17-year-old individuals shall be permitted to load materials into, but not operate or unload materials from, scrap paper balers or paper box compactors that meet: (1) the current safety standards of the American National Standards Institute; and (2) other specified standards regarding on-off switches and employee notification. Requires employers to make reports to the Secretary of Labor on injuries (which require medical treatment other than first aid) and fatalities of employees under age 18 resulting from their contact with a scrap paper baler or paper box compactor during its loading, operation, or unloading. Establishes civil penalties for violations of this Act. Provides that this Act does not affect a specified exemption for apprentices and student learners.

To authorize minors who are under the child labor provisions of the Fair Labor Standards Act of 1938 and who are under 18 years of age to load materials into balers and compacters that meet appropriate American National Standards Institute design safety standards.

SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Hospital Care and Medical Services for Persian Gulf Veterans Exposed to Toxic Substances.--(1) Section 1710(e) of title 38, United States Code, is amended-- (A) in paragraph (1)(C), by inserting ``becoming manifest before January 1, 1997,'' after ``for any disability''; and (B) in paragraph (3), by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1998''. (2) Section 1712(a)(1)(D) of such title is amended-- (A) by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1998''; and (B) by inserting ``becoming manifest before January 1, 1997,'' after ``for any disability''. (b) Contract Authority for Alcohol and Drug Abuse Care.--Subsection (e) of section 1720A of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (c) Nursing Home Care Alternatives.--(1) Section 1720C(a) of such title is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) The Secretary of Veterans Affairs shall submit to Congress, not later than March 31, 1997, a report on the medical efficacy and cost effectiveness, and disadvantages and advantages, associated with the use by the Secretary of noninstitutional alternatives to nursing home care. (d) Health Scholarships Program.--(1) Section 7618 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2)(A) The Secretary of Veterans Affairs shall submit to Congress, not later than March 31, 1997, a report setting forth the results of a study evaluating the operation of the health professional scholarship program under subchapter II of chapter 76 of title 38, United States Code. The study shall evaluate the efficacy of the program with respect to recruitment and retention of health care personnel for the Department of Veterans Affairs and shall compare the costs and benefits of the program with the costs and benefits of alternative methods of ensuring adequate recruitment and retention of such personnel. (B) The Secretary shall carry out the study under this paragraph through a private contractor. The report under subparagraph (A) shall include the report of the contractor and the comments, if any, of the Secretary on that report. (e) Enhanced-Use Leases of Real Property.--(1) Section 8169 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) The Secretary of Veterans Affairs shall submit to Congress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code. (f) Community-Based Residential Care for Homeless Chronically Mentally Ill Veterans.--Section 115(d) of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (g) Demonstration Program of Compensated Work Therapy and Therapeutic Transitional Housing.--Section 7 of Public Law 102-54 (38 U.S.C. 1718 note) is amended-- (1) in subsection (a), by striking out ``During fiscal years 1991 through 1995, the Secretary'' and inserting in lieu thereof ``The Secretary''; and (2) by adding at the end the following: ``(m) Sunset.--The authority for the demonstration program under this section expires on December 31, 1997.''. (h) Homeless Veterans Pilot Program.--The Homeless Veterans Comprehensive Service Programs Act of 1992 (Public Law 102-590) is amended as follows: (1) Section 2(a) (38 U.S.C. 7721 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) Section 3(a) (38 U.S.C. 7721 note) is amended by striking out ``, during fiscal years 1993, 1994, and 1995,''. (3) Section 12 (38 U.S.C. 7721 note) is amended by striking out ``each of the fiscal years 1993, 1994, and 1995'' and inserting in lieu thereof ``each fiscal year through 1997''. SEC. 2. REPORT ON CONSOLIDATION OF CERTAIN PROGRAMS. The Secretary of Veterans Affairs shall submit to Congress, not later than March 1, 1997, a report on the advantages and disadvantages of consolidating into one program the following three programs: (1) The alcohol and drug abuse contract care program under section 1720A of title 38, United States Code. (2) The program to provide community-based residential care to homeless chronically mentally ill veterans under section 115 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note). (3) The demonstration program under section 7 of Public Law 102-54 (38 U.S.C. 1718 note). SEC. 3. REPEAL OF AUTHORITY TO MAKE GRANTS TO VETERANS MEMORIAL MEDICAL CENTER IN THE PHILIPPINES. (a) Repeal.--Section 1732 of title 38, United States Code, is amended-- (1) by striking out subsection (b); (2) by redesignating subsection (c) as subsection (b) and striking out ``or grant'' both places it appears in that subsection; and (3) by redesignating subsection (d) as subsection (c) and striking out ``and to make grants'' in that subsection. (b) Clerical Amendments.--(1) The heading of such section is amended by striking out ``and grants''. (2) The item relating to such section in the table of sections at the beginning of chapter 17 of such title is amended by striking out ``and grants''.

Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service, as long as symptoms become manifest before January 1, 1997. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; (6) the Department's compensated work therapy and therapeutic transitional housing program; and (7) the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1997 the authorization of appropriations for such pilot program. Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs. Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines.

To amend title 38, United States Code, to extend certain expiring authorities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Buy American Enhancement Act of 2011''. SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT. (a) Substantially All Defined.--Section 8301 of title 41, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Substantially all.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect not later than 180 days after the date of the enactment of this Act. SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY AMERICAN ACT. (a) Contract Requirement.--The head of each Federal agency shall ensure that each contract described in subsection (b) awarded by such Federal agency includes a provision requiring any articles, materials, and supplies provided under the contract to comply with chapter 83 of title 41, United States Code (popularly referred to as the ``Buy American Act''), subject to the exceptions to that chapter provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law. (b) Contracts Described.--The contracts described in this subsection include each of the following: (1) Housing leases, including military housing provided by a private entity. (2) Power purchase agreements. (3) Enhanced-use leases. (4) Energy savings performance contracts. (5) Utility energy service contracts. SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT. (a) Waiver Defined.--Section 8301 of title 41, United States Code, as amended by section 2, is further amended by adding at the end the following new paragraph: ``(4) Waiver.--The term `waiver' means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of this chapter to the acquisition by reason of any of the following: ``(A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest. ``(B) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable. ``(C) Use outside of the United States. ``(D) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. ``(E) Procured under a contract with an award value that is not more than the micro-purchase threshold under section 1902 of this title. ``(F) An exception under the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.). ``(G) Any other exception otherwise provided by law.''. (b) Waiver Reporting Requirement.--Section 8302 of title 41, United States Code, is amended by adding at the end the following new section: ``(c) Waiver Reporting Requirement.--The head of each Federal agency shall establish a location on the website of such agency for the publication of waivers accessible by the public and shall publish a list at such location of each waiver granted under this chapter not later than 30 days after such waiver is granted.''. (c) Effective Date.--The amendments made by this section shall take effect not later than 180 days after the date of the enactment of this Act. SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as necessary to implement the provisions of this Act. SEC. 6. DEFINITIONS. In this Act: (1) Energy savings performance contract.--The term ``energy savings performance contract'' has the meaning given that term under section 436.31 of title 10, Code of Federal Regulations. (2) Federal agency.--The term ``Federal agency'' means any executive agency (as defined in section 133 of title 41, United States Code) or any establishment in the legislative or judicial branch of the Federal Government.

Buy American Enhancement Act of 2011 - Defines "substantially all" for purposes of Buy American requirements to mean that articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such items exceeds 75% of the total cost of all such items. Requires the head of each federal agency to ensure that certain contracts awarded by such agency include a provision requiring compliance with Buy American requirements. Defines "waiver" for purposes of Buy American requirements. Requires the head of each federal agency to publish on the agency website a list of each waiver of such requirements within 30 days after it is granted.

To amend title 41, United States Code, to increase the American-made content requirement for the Buy American Act, and for other purposes.

SECTION 1. SCRAP TIRE TRUST FUND. (a) Establishment.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Scrap Tire Trust Fund'' (hereinafter in this section referred to as the ``Trust Fund''). (2) Accounts in trust fund.--The Trust Fund shall consist of-- (A) a Scrap Tire Reduction Account; and (B) a Scrap Tire Recycling Account. Each such Account shall consist of such amounts as may be appropriated to it as provided in this section. (b) Scrap Tire Reduction Account.-- (1) Appropriation to account.--There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to the Scrap Tire Reduction Account amounts equivalent to the following amounts: (A) 87 percent of amounts received during 1993 through 1997 from the fees imposed by subsection (d). (B) 77 percent of amounts received during 1998 through 2001 from such fees. (C) 67 percent of amounts received during 2002 through 2004 from such fees. (2) Expenditures from account.--Amounts in the Scrap Tire Reduction Account shall be available, as provided by appropriation Acts-- (A) for making expenditures to provide financial assistance to States for purposes of conducting surveys of current scrap tire piles, developing State tire management plans, and carrying out the portion of such State tire plans relating to reduction and elimination of existing scrap tire piles, including recycling, recovering, and reusing scrap tires; and (B) for payment of expenses for administration of such financial assistance (but not in excess of 5 percent of the Account may be used for such purpose). (c) Scrap Tire Recycling Account.-- (1) Appropriation to account.--There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to the Scrap Tire Recycling Account amounts equivalent to the following amounts: (A) 13 percent of amounts received during 1993 through 1997 from the fees imposed by subsection (d). (B) 23 percent of amounts received during 1998 through 2001 from such fees. (C) 33 percent of amounts received during 2002 through 2004 from such fees. (2) Expenditures from account.--Amounts in the Scrap Tire Recycling Account shall be available, as provided by appropriation Acts-- (A) for making expenditures to provide financial assistance to States to carry out the portion of State tire management plans relating to the current and future disposal of scrap tires, including recycling, recovering, and reusing new scrap tires; and (B) for payment of expenses for administration of such financial assistance (but not in excess of 5 percent of the Account may be used for such purpose). (d) Imposition and Rate of Fee.-- (1) In general.--The Administrator shall impose and collect a fee of $.85 on each new tire sold by the manufacturer or importer, regardless of intended use, during the period beginning on January 1, 1993, and ending on December 31, 2004. The fee shall be due and payable by the manufacturer or importer sixty days after sale of the tire. The Administrator shall deposit amounts received from such fees into the General Fund of the Treasury. (2) Tires on imported articles.--For purposes of paragraph (1), if an article imported in the United States is equipped with tires-- (A) the importer of the article shall be treated as the importer of the tires with which such article is equipped; and (B) the sale of the article by the importer thereof shall be treated as the sale of the tires with which such article is equipped. This paragraph shall not apply with respect to the sale of an automobile bus chassis or an automobile bus body. (e) Transfers to Trust Fund.--The amounts appropriated by subsections (b)(1) and (c)(1) shall be transferred at least monthly from the General Fund of the Treasury to the Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such subsections. Adjustments shall be made in the amount subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Investment.--(1) The Secretary of the Treasury shall invest such portion of the Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States and may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (2) Any obligation acquired by the Trust Fund may be sold by the Secretary at the market price. (3) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund.

Establishes the Scrap Tire Trust Fund in the Treasury. Provides that the Fund shall consist of a Scrap Tire Reduction Account and a Scrap Tire Recycling Account. Appropriates amounts equivalent to fees collected under this Act to the Accounts. Makes amounts in the Accounts available for: (1) financial assistance to States for conducting surveys of scrap tire piles, developing State tire management plans, reducing and eliminating scrap tire piles, and carrying out tire disposal under such plans and (2) administration of such assistance. Imposes fees on new tires sold by manufacturers or importers from January 1, 1993, through December 31, 2004.

To establish a scrap tire trust fund to provide financial assistance to States to eliminate current scrap tire piles and to manage the future disposal of scrap tires.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Reauthorization Act of 2011''. SEC. 2. FINDINGS. Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 2. FINDINGS. ``Congress makes the following findings: ``(1) The United States Government supports a prosperous and democratic Belarus that upholds the rule of law and respects the fundamental rights of its citizens, including rights to freedom of assembly, association, and expression. ``(2) The United States Government remains committed to the sovereignty and independence of the Republic of Belarus and supports its integration into the Euro-Atlantic community of nations. ``(3) The Government of Belarus has engaged in a pattern of clear and systematic abuse of state authority, including through a series of fraudulent elections that have undermined the democratic process and deprived the people of Belarus of a voice in the conduct of public affairs. ``(4) The Government of Belarus has subjected thousands of political activists, civil society representatives, and independent journalists to harassment and intimidation, creating a climate of fear that has weakened the bond of trust between the people of Belarus and their government. ``(5) On December 19, 2010, the Government of Belarus conducted flawed and undemocratic presidential elections that were marred by significant misconduct, including-- ``(A) the detention of numerous opposition and civil society representatives; ``(B) the use of disproportionate force against pro-democracy political activists, journalists, and opposition candidates; and ``(C) the disruption of independent broadcast and Internet media, including Gmail, Hotmail, Charter97.org, euroradio.by, gazetaby.com, and zapraudu.info. ``(6) After the December 19, 2010, presidential election, the Government of Belarus detained or arrested more than 600 political activists, journalists, civil society representatives, and seven of the nine presidential candidates, depriving them of their liberty, access to legal counsel, and communication with their families. ``(7) After the December 19, 2010, presidential election, security services of the Government of Belarus conducted raids at the offices and homes of journalists, political activists, and civil society representatives, including searches and seizures of equipment at opposition and non-governmental organizations, effectively curtailing their ability to operate. ``(8) After the December 19, 2010, presidential election, Belarus officials initiated criminal proceedings against an estimated 40 defendants, disbarred several opposition defense lawyers, and closed the Organization for Security and Cooperation (OSCE) Office in Minsk, violating its commitment as a participating state of the Organization for Security and Cooperation. ``(9) On March 17, 2011, the Senate passed unanimously Senate Resolution 105, condemning the December 19, 2010, presidential election as `illegitimate, fraudulent, and not representative of the will or the aspirations of the voters in Belarus'.''. SEC. 3. STATEMENT OF POLICY. Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 3. STATEMENT OF POLICY. ``It is the policy of the United States-- ``(1) to continue its support of those in the Republic of Belarus seeking-- ``(A) to promote representative government, human rights, and the rule of law and to preserve and strengthen the sovereignty and independence of Belarus; and ``(B) to promote the integration of Belarus into the Euro-Atlantic community of nations; ``(2) to commend the democratic opposition in Belarus for their commitment to fundamental human freedoms, their courage in the face of authoritarianism and repression, and their struggle to forge a vibrant civil society, which is the foundation for the institutions of democratic governance; ``(3) to condemn the conduct of the December 19, 2010, presidential election in Belarus and violent crackdown on opposition candidates, political activists, journalists, and civil society representatives; ``(4) to call on the Government of Belarus to release immediately all those who have been unjustly detained for exercising their basic rights; ``(5) to continue to refuse to accept as legitimate the results of the December 19, 2010, presidential election, and to support calls for new presidential and parliamentary elections that are free, fair, and consistent with the obligations of the Republic of Belarus as a participating state of the Organization for Security and Cooperation; ``(6) to support the continued application of targeted European Union and United States sanctions, including both visa bans and asset freezes, against officials and responsible associates in Belarus until such time as the Government of Belarus treats its people with the dignity and respect they deserve; ``(7) to call upon other members of the international community, including the Government of the Russian Federation, to use their influence in Belarus to promote the purposes of this Act; ``(8) to expand both material and technical assistance to the people of Belarus and to Belarusian civil society, including-- ``(A) support for strengthening regional independent media in Belarus; ``(B) support for strengthening online independent media, to include creating mobile-friendly content and multimedia content; and ``(C) support for expanding the capacity of non- government organizations and civil society in Belarus, with a focus on reaching women and youth; ``(9) to continue to coordinate our actions with the European Union and other countries and international organizations to promote the democratic development of the Republic of Belarus and its integration into the Euro-Atlantic community of nations; and ``(10) to remain open to reevaluating United States policy toward Belarus as warranted and provided that all political prisoners detained arbitrarily as a result of the presidential elections of December 19, 2010, are released.''. SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in subsection (b)-- (A) by striking ``primarily for indigenous'' and inserting ``for independent, indigenous''; and (B) by inserting ``and that are capable of absorbing international assistance'' before the period at the end; (2) in subsection (c)-- (A) by amending paragraph (1) to read as follows: ``(1) facilitating the development of independent, indigenous print, radio, television, and Internet broadcasting working within Belarus and from locations outside Belarus;''; and (3) in subsection (d)(1), by striking ``such sums as may be necessary for each of the fiscal years 2007 and 2008'' and inserting ``such sums as may be necessary for each of fiscal years 2012 through 2014''. SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS. Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS. ``It is the sense of Congress that the President should continue to support Radio Free Europe/Radio Liberty and Voice of America broadcasting to the people of Belarus to ensure access to objective and timely information about domestic and global public affairs.''. SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. Section 6(b) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by inserting ``or expression, including those individuals jailed based on political beliefs or expression in connection with the presidential election of December 19, 2010'' before the period at the end; (2) in paragraph (2), by inserting ``, including politically motivated legal charges made in connection with the presidential election of December 19, 2010'' before the period at the end; and (3) in paragraph (5), by inserting ``and abridgements of fundamental freedoms, including abridgements of fundamental freedoms committed in connection with the presidential election of December 19, 2010'' before the period at the end. SEC. 7. REPORT. Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended in the matter preceding paragraph (1)-- (1) by striking ``this Act'' and inserting ``the Belarus Democracy Reauthorization Act of 2011''; and (2) by inserting ``and the Commission on Security and Cooperation in Europe'' after ``appropriate congressional committees''. SEC. 8. DEFINITIONS. Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; and (2) in paragraph (3)(C), by striking ``Lukashenka regime'' and inserting ``Government of Belarus''.

Belarus Democracy Reauthorization Act of 2011 - Amends the Belarus Democracy Act of 2004 to authorize assistance to promote democracy and civil society in Belarus. Includes Internet broadcasting within the scope of support and funding for broadcasting from within and to Belarus. Expresses the sense of Congress that the President should continue to support Radio Free Europe/Radio Liberty and Voice of America broadcasting to the people of Belarus to ensure access to objective and timely information about domestic and global public affairs. Includes among the criteria that the government of Belarus must meet in order to end U.S. sanctions the release of individuals who were jailed based on political beliefs or human rights violations in connection with the repression that attended the December 2010 presidential election.

A bill to reauthorize the Belarus Democracy Act of 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``BLM Permit Processing Improvement Act of 2014''. SEC. 2. PROGRAM TO IMPROVE FEDERAL PERMIT COORDINATION. Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is amended-- (1) in the section heading, by striking ``pilot''; (2) by striking ``Pilot Project'' each place it appears and inserting ``Project''; (3) in subsection (b)(2), by striking ``Wyoming, Montana, Colorado, Utah, and New Mexico'' and inserting ``the States in which Project offices are located''; (4) in subsection (d)-- (A) in the subsection heading, by striking ``Pilot''; and (B) by adding at the end the following: ``(8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.''; (5) by striking subsection (e) and inserting the following: ``(e) Report to Congress.--Not later than February 1 of the first fiscal year beginning after the date of enactment of the BLM Permit Processing Improvement Act of 2014 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include-- ``(1) the allocation of funds to each Project office for the previous fiscal year; and ``(2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.''; (6) in subsection (h), by striking paragraph (6) and inserting the following: ``(6) the States in which Project offices are located.''; (7) by striking subsection (i); and (8) by redesignating subsection (j) as subsection (i). SEC. 3. BLM OIL AND GAS PERMIT PROCESSING FEE. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: ``(d) BLM Oil and Gas Permit Processing Fee.-- ``(1) In general.--Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. ``(2) Amount.--The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index). ``(3) Use.--Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer-- ``(A) for each of fiscal years 2016 through 2019-- ``(i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this Act, subject to appropriation; and ``(ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the `Fund'); and ``(B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. ``(4) Additional costs.--During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill.''. SEC. 4. BLM PERMIT PROCESSING IMPROVEMENT FUND. (a) In General.--Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) is amended by striking paragraph (3) and inserting the following: ``(3) Use of fund.-- ``(A) In general.--The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. ``(B) Accounts.--The Secretary shall divide the Fund into-- ``(i) a Rental Account (referred to in this subsection as the `Rental Account') comprised of rental receipts collected under this section; and ``(ii) a Fee Account (referred to in this subsection as the `Fee Account') comprised of fees collected under subsection (d). ``(4) Rental account.-- ``(A) In general.--The Secretary shall use the Rental Account for-- ``(i) the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 15924(d)); and ``(ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. ``(B) Allocation.--In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider-- ``(i) the number of applications for permit to drill received in a Project office during the previous fiscal year; ``(ii) the backlog of applications described in clause (i) in a Project office; ``(iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and ``(iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. ``(5) Fee account.-- ``(A) In general.--The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. ``(B) Allocation.--The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected.''. (b) Interest on Overpayment Adjustment.--Section 111(h) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721(h)) is amended in the first sentence by striking ``the rate'' and all that follows through the period at the end of the sentence and inserting ``a rate equal to the sum of the Federal short-term rate determined under section 6621(b) of the Internal Revenue Code of 1986 plus 1 percentage point.''. SEC. 5. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the Senate September 16, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 2440 _______________________________________________________________________ AN ACT To expand and extend the program to improve permit coordination by the Bureau of Land Management, and for other purposes.

BLM Permit Processing Improvement Act of 2014 - Amends the Energy Policy Act of 2005 to make the Federal Permit Streamlining Project program permanent. Amends the Mineral Leasing Act to direct the Secretary of the Interior to collect for each of FY2016-FY2026 a fee of $9,500 for each new application for a drilling permit. Allocates specified percentages of such fees to: (1) the field offices that collected the fees used to process protests, leases, and permits; and (2) the BLM Permit Processing Improvement Fund, now divided into a Rental Account and a Fee Account. Prohibits the Secretary, during FY2016-FY2026, from implementing a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for drilling permits. Makes the Fund available to the Secretary for expenditure for the coordination and processing of oil and gas use authorizations on Indian trust mineral estate land (as well as onshore federal land, as under current law). Directs the Secretary to use: (1) the Rental Account and the Fee Account for this coordination and processing of oil and gas use authorizations, and (2) the Rental Account also for training for development of expertise related to coordinating and processing these authorizations. Amends the Federal Oil and Gas Royalty Management Act of 1982 to make the rate of interest allowed and paid or credited for any royalty overpayment equal to the sum of the federal short-term rate plus one percentage point.

BLM Permit Processing Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Our Support to Troops Act of 2003''. SEC. 2. FREE MAILING PRIVILEGES. (a) In General.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Free postage for personal correspondence and certain parcels mailed to members of Armed Forces of the United States ``(a) In General.--The matter described in subsection (b) (other than matter described in subsection (c)) may be mailed free of postage, if-- ``(1) such matter is sent from within an area served by a United States post office; ``(2) such matter is addressed to an individual who is a member of the Armed Forces of the United States on active duty, as defined in section 101 of title 10, or a civilian, authorized to use postal services at Armed Forces installations, who holds a position or performs one or more functions in support of military operations, as designated by the military theater commander; and ``(3)(A) such matter is addressed to the individual referred to in paragraph (2) at an Armed Forces post office established in an overseas area with respect to which a designation under section 3401(a)(1)(A) is in effect; or ``(B) in the case of an individual who is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury described in section 3401(a)(1)(B), such matter is addressed to such individual at an Armed Forces post office determined under subsection (f). ``(b) Mail Matter Described.--The free mailing privilege provided by subsection (a) is extended to-- ``(1) letter mail or sound- or video-recorded communications having the character of personal correspondence; and ``(2) parcels not exceeding 10 pounds in weight and 60 inches in length and girth combined. ``(c) Limitation.--The free mailing privilege provided by subsection (a) does not extend to mail matter that contains any advertising. ``(d) Rate of Postage.--Any matter which is mailed under this section shall be mailed at the equivalent rate of postage which assures that the mail will be sent by the most economical means practicable. ``(e) Marking.--All matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words `Free Matter for Members of the Armed Forces of the United States', or words to that effect specified by the Postal Service. ``(f) Regulations.--This section shall be administered under such conditions, and under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe.''. (b) Funding.-- (1) Free postage.--Sections 2401(c) and 3627 of title 39, United States Code, are amended by striking ``3406'' and inserting ``3407''. (2) Air transportation.-- (A) In general.--Section 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: ``(d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.''. (B) Amendment to prevent duplicative funding.-- Section 3401(e) of title 39, United States Code, is amended by striking ``office.'' and inserting ``office or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d).''. (C) Technical and conforming amendments.-- (i) Annual budget.--Section 2009 of title 39, United States Code, is amended in the next to last sentence by striking ``(b) and (c)'' and inserting ``(b), (c), and (d)''. (ii) Comprehensive plan references.-- Sections 2803(a) and 2804(a) of such title 39 are amended by striking ``2401(g)'' and inserting ``2401(f)''. (c) Chapter Analysis.--The analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Free postage for personal correspondence and certain parcels mailed to Members of the Armed Forces of the United States.''.

Providing Our Support to Troops Act of 2003 - Allows personal correspondence or certain parcels to be mailed free of postage if such matter is: (1) sent from within an area served by a U.S. post office; (2) addressed to an active-duty member of the armed forces or a civilian authorized to use postal services at military installations who holds a position or performs a function in support of military operations; and (3) addressed either to such an individual at a military post office established in an overseas area where the armed forces are engaged in operations involving armed conflict against a hostile foreign force, or to an individual who is hospitalized for a disease or injury resulting from service in such an area. Prohibits the free mailing privilege for any mail matter containing any advertising.

A bill to amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and certain parcels sent from within the United States to members of the Armed Forces serving on active duty abroad who are engaged in military operations involving armed conflict against a hostile foreign force, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Responsible Handgun Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) certain handguns that are widely marketed across State lines are traced disproportionately to violent crimes, and in particular to crimes in States other than those in which they were manufactured or purchased; (2) many of these handguns are of dangerously poor quality and threaten the safety even of legitimate users for sport or self-defense; (3) States should be encouraged to restrict the sale of handguns that are unsafe, particularly suited for crime, and not useful for sporting, hunting, law enforcement, or self- defense purposes; and (4) accurate and uniform data on the use of guns is essential to formulating effective policy to reduce violent crime involving guns and deaths and injuries from such crimes. SEC. 3. REDUCTION OF BYRNE GRANTS FOR STATES NOT ELECTING TO ESTABLISH HANDGUN ROSTER BOARDS. (a) Handgun Roster Boards.-- (1) Establishment.--The Secretary of the Treasury shall establish guidelines for the establishment by each State of a Handgun Roster Board (in this Act referred to as the ``Board'') which, at a minimum, meets the following requirements: (A) The Board shall consist of 9 members, each of whom shall be eligible to vote in an election for officials of the State, and-- (i) 1 of whom shall be a representative of the police; (ii) 1 of whom shall be a representative of the State prosecutor's office; (iii) 1 of whom shall be a representative of a State organization, or a local chapter of a national organization, which advocates the rights of fireams owners; (iv) 1 of whom shall be a representative of handgun dealers or manufacturers; (v) 1 of whom shall be a representative of a State organization, or local chapter of a national organization, which advocates greater control of handguns; and (vi) 3 of whom shall not meet any requirement of clauses (i) through (v). (B) The Board shall designate 1 of its members as the chairman of the Board. (2) Publication of roster.--Not less frequently than annually, the Board shall publish a roster which specifies the types of handguns which may be lawfully manufactured, sold, owned, possessed, or used in the State, and any terms, conditions, or circumstances under which such types of handguns may be so manufactured, sold, owned, possessed, or used, and shall transmit a copy of the roster to each licensed dealer in the State who is not prohibited by State law from dealing in handguns. (3) Factors to be considered.--In deciding whether to include a type of handgun on the roster, the Board shall consider the following factors: (A) Concealability. (B) Ballistic accuracy. (C) Portability. (D) Quality of materials. (E) Quality of manufacture. (F) Safety features. (G) Caliber. (H) Detectability by the standard security equipment commonly used at airports or courthouses and approved by the Federal Aviation Administration for use at airports in the United States. (I) Utility for legitimate sporting activities, hunting, self-protection, or law enforcement. (4) Procedural rule.--The Board may include a type of handgun on the roster upon the Board's initiative, or upon the petition of any person. (5) Laws relating to handguns.-- (A) In general.--The State shall have in effect such laws as may be necessary to make unlawful in the State the manufacture, sale, ownership, possession, and use of-- (i) any handgun which is of a type not specified on the roster published by the Board pursuant to paragraph (2); and (ii) any handgun which is of a type specified on the roster published by the Board pursuant to paragraph (2), except under such terms and conditions as the Board may specify. (B) Penalties for certain violations.-- (i) Unlawful manufacture of handgun.--Such laws shall provide that any person who unlawfully manufactures a handgun for distribution or sale shall be fined not more than $10,000 and be subject to such other penalties as may be provided for by State law. (ii) Unlawful sale or offer of handgun.-- Such laws shall provide that any person who unlawfully sells a handgun or offers a handgun for sale shall be fined not more than $2,500 and be subject to such other penalties as may be provided for by State law. (iii) Separate violations.--Such laws shall provide that a violation of such laws involving 2 or more handguns shall constitute separate violations of such laws with respect to each handgun involved. (C) Exemption for certain lawfully possessed handguns.--Subparagraph (A) shall not be construed to require the State laws described in subparagraph (A) to apply to any handgun lawfully possessed on the date of the enactment of the law. (6) Definitions.--As used in this subsection: (A) Handgun.--The term ``handgun'' shall have the meaning given such term by section 921(a)(29) of title 18, United States Code. (B) Licensed dealer.--The term ``licensed dealer'' shall have the meaning given such term by section 921(a)(11) of title 18, United States Code. (b) Compliance.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act in which to comply with subsection (a), except that the Attorney General may grant an additional 2 years to a State that is making good faith efforts to implement subsection (a). (2) Ineligibility for funds.-- (A) In general.--A State that fails to comply with subsection (a) of this section within the period prescribed by or under paragraph (1) of this subsection shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968. (B) Reallocation of funds.--Any funds that are not allocated to a State because of the failure of the State to comply with subsection (a) shall be reallocated to States that comply with subsection (a). SEC. 4. INDEPENDENT STUDY GROUP. (a) Establishment.--The Secretary of the Treasury, in cooperation with the Attorney General, shall establish Independent Study Group (in this section referred to as the ``ISG'') for the purpose of devising an effective national firearms injury reporting system. (b) Membership.--The ISG shall be composed of representatives from the Consumer Product Safety Commission, the Centers for Disease Control, the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, and the National Institute of Justice. (c) Duties.--The ISG shall study the feasibility of collecting data on the following, at a minimum: (1) Intentional and unintentional firearms injuries. (2) Fatal and nonfatal firearms injuries; (3) The date, time, type of location of firearms injuries, and whether they occurred during and in relation to the commission of another crime. (4) The type, make, model, caliber, serial number, and year of manufacture of the firearms involved. (5) The demographic characteristics of persons suffering firearm injuries and person causing the injuries. (6) The identity of the owner of the firearms involved, and how the firearms were stored. (7) Whether the firearms involved were stolen. (8) Whether and how drugs or alcohol were involved. (d) Report.--Within 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prepare and submit to the Congress a report recommending how an effective national firearms injury reporting system could be established, including how to avoid duplication of effort, and who would administer such a system.

Safe and Responsible Handgun Act of 1996 - Directs: (1) the Secretary of the Treasury to establish guidelines for the establishment by each State of a Handgun Roster Board; and (2) each Board to publish a roster of types of handguns which may be lawfully manufactured, sold, owned, possessed, or used (manufactured) in the State and any terms, conditions, or circumstances under which such handgun types may be manufactured and to transmit a copy of the roster to each licensed dealer in the State who is not prohibited by State law from dealing in handguns. Sets forth factors to be considered in deciding whether to include a handgun type on the roster, including concealability, safety features, and detectability by standard security equipment used at airports or courthouses. Requires States to have in effect such laws as necessary to prohibit the manufacture, sale, ownership, possession, and use of: (1) any handgun which is of a type not specified on the roster; and (2) any handgun which is of a type specified on the roster, except under such terms and conditions as the Board may specify. Sets forth provisions regarding: (1) penalties for the unlawful manufacture, sale, or offer for sale of a handgun; (2) State compliance; and (3) ineligibility of States not in compliance for formula grants under the Omnibus Crime Control and Safe Streets Act of 1968. Directs the Secretary to establish an Independent Study Group to devise an effective national firearms injury reporting system.

Safe and Responsible Handgun Act of 1996

SECTION 1. OPEN CONTAINER LAWS. (a) Establishment.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 161. Open Container Limitations ``(a) Withholding of Funds for Noncompliance.-- ``(1) General rule.--Beginning with fiscal year 1997, and for each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under paragraphs (1), (2), (5), and (6) of section 104(b) for the fiscal year, if, for any period during the immediately preceding fiscal year, the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle located on a public highway, or the right-of-way of a public highway, in the State is lawful. ``(2) Limitation of application to charter buses.--If a State has in effect a law that makes the possession of any open alcoholic beverage container unlawful in the passenger area by the driver (but not by a passenger) of a motor vehicle designed to transport more than 10 passengers (including the driver) while being used to provide charter transportation of passengers, the State shall be deemed in compliance with paragraph (1) with respect to the motor vehicle for each fiscal year during which the law is in effect. ``(b) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Funds withheld on or before september 30, 1997.-- ``(A) Period of availability.--Any funds withheld under this section from apportionment to any State on or before September 30, 1997, shall remain available for apportionment to the State as follows: ``(i) If, but for this section, the funds would otherwise have been apportioned under section 104(b)(5)(A), the funds shall remain available until the end of the fiscal year for which the funds are made available. ``(ii) If, but for this section, the funds would otherwise have been apportioned under section 104(b)(5)(B), the funds shall remain available until the end of the second fiscal year following the fiscal year for which the funds are made available. ``(iii) If, but for this section, the funds would have been apportioned under paragraph (1), (2), or (6) of section 104(b), the funds shall remain available until the end of the third fiscal year following the fiscal year for which the funds are made available. ``(B) Funds withheld after september 30, 1997.--No funds withheld under this section from apportionment to a State after September 30, 1997, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1), the State brings into effect a law that is in compliance with subsection (a), on the day following the effective date of the law, the Secretary shall apportion to the State the withheld funds remaining available for apportionment to the State pursuant to paragraph (1). ``(3) Period of availability of subsequently apportioned funds.-- ``(A) In general.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: ``(i) Funds apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year for which the funds are apportioned. ``(ii) Funds apportioned under paragraph (1), (2), (5)(B), or (6) of section 104(b) shall remain available until the end of the third fiscal year succeeding the fiscal year for which the funds are apportioned. ``(B) Unobligated sums.--Sums that are not obligated on the termination of the period referred to in subparagraph (A) shall-- ``(i) lapse; or ``(ii) in the case of funds apportioned under section 104(b)(5), lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(4) Effect of noncompliance.--If, on the termination of the period for which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State does not have in effect a State law that is in compliance with subsection (a)-- ``(A) the funds shall lapse; or ``(B) in the case of funds withheld from apportionment under section 104(b)(5), the funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(c) Definitions.--As used in this section: ``(1) Alcoholic beverage.--The term `alcoholic beverage' has the meaning provided the term in section 158(c). ``(2) Motor vehicle.--The term `motor vehicle' has the meaning provided the term in section 154(b). ``(3) Open alcoholic beverage container.--The term `open alcoholic beverage container' has the meaning provided the term in section 410. ``(4) Passenger area.--The term `passenger area' shall have the meaning provided by the Secretary by regulation.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item: ``161. Open container limitations.''.

Requires the Secretary of Transportation, beginning with FY 1997, to withhold five percent of the amount required to be apportioned to a State under specified Federal highway provisions if it is lawful in such State to: (1) possess an open alcoholic beverage container in the passenger area of any motor vehicle on a public highway; or (2) consume any alcoholic beverage in such motor vehicle on a public highway. Exempts from such withholding measures charter buses designed to transport more than ten passengers whose drivers are not permitted by State law to possess open alcoholic beverages in the passenger area. Provides for the release of withheld funds to States which comply with this Act.

A bill to amend title 23, United States Code, relating to open containers of alcoholic beverages and consumption of alcoholic beverages in the passenger area of motor vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Enhancement and National Guard Empowerment Act of 2006''. SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU. (a) Expanded Authority.-- (1) In general.--Subsection (a) of section 10501 of title 10, United States Code, is amended by striking ``joint bureau of the Department of the Army and the Department of the Air Force'' and inserting ``joint activity of the Department of Defense''. (2) Purpose.--Subsection (b) of such section is amended by striking ``between'' and all that follows and inserting ``between-- ``(1)(A) the Secretary of Defense, the Joint Chiefs of Staff, and the commanders of the combatant commands for the United States, and (B) the Department of the Army and the Department of the Air Force; and ``(2) the several States.''. (b) Enhancements of Position of Chief of the National Guard Bureau.-- (1) Advisory function on national guard matters.-- Subsection (c) of section 10502 of title 10, United States Code, is amended by inserting ``to the Secretary of Defense, to the Chairman of the Joint Chiefs of Staff,'' after ``principal advisor''. (2) Member of joint chiefs of staff.--(A) Such section is further amended-- (i) by redesignating subsection (d) as subsection (e); and (ii) by inserting after subsection (c) the following new subsection (d): ``(d) Member of Joint Chiefs of Staff.--The Chief of the National Guard Bureau shall perform the duties prescribed for him or her as a member of the Joint Chiefs of Staff under section 151 of this title.''. (B) Section 151(a) of such title is amended by adding at the end the following new paragraph: ``(7) The Chief of the National Guard Bureau.''. (3) Grade.--Subsection (e) of such section, as redesignated by paragraph (2)(A)(i) of this subsection, is further amended by striking ``lieutenant general'' and inserting ``general''. (4) Annual report to congress on validated requirements.-- Section 10504 of such title is amended by adding at the end the following new subsection: ``(c) Annual Report on Validated Requirements.--Not later than December 31 each year, the Chief of the National Guard Bureau shall submit to Congress a report on the following: ``(1) The requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year. ``(2) The requirements referred to in paragraph (1) for which funding is to be requested in the next budget for a fiscal year under section 10544 of this title. ``(3) The requirements referred to in paragraph (1) for which funding will not be requested in the next budget for a fiscal year under section 10544 of this title.''. (c) Enhancement of Functions of National Guard Bureau.-- (1) Development of charter.--Section 10503 of title 10, United States Code, is amended-- (A) in the matter preceding paragraph (1), by striking ``The Secretary of the Army and the Secretary of the Air Force shall jointly develop'' and inserting ``The Secretary of Defense, in consultation with the Secretary of the Army and the Secretary of the Air Force, shall develop''; and (B) in paragraph (12), by striking ``the Secretaries'' and inserting ``the Secretary of Defense''. (2) Additional general functions.--Such section is further amended-- (A) by redesignating paragraph (12), as amended by paragraph (1)(B) of this subsection, as paragraph (13); and (B) by inserting after paragraph (11) the following new paragraph (12): ``(12) Facilitating and coordinating with other Federal agencies, and with the several States, the use of National Guard personnel and resources for and in contingency operations, military operations other than war, natural disasters, support of civil authorities, and other circumstances.''. (3) Military assistance for civil authorities.--Chapter 1011 of such title is further amended by inserting after section 10503 the following new section: ``Sec. 10503a. Functions of National Guard Bureau: military assistance to civil authorities ``(a) Identification of Additional Necessary Assistance.--The Chief of the National Guard Bureau shall-- ``(1) identify gaps between Federal and State capabilities to prepare for and respond to emergencies; and ``(2) make recommendations to the Secretary of Defense on programs and activities of the National Guard for military assistance to civil authorities to address such gaps. ``(b) Scope of Responsibilities.--In meeting the requirements of subsection (a), the Chief of the National Guard Bureau shall, in coordination with the Adjutant Generals of the States, have responsibilities as follows: ``(1) To validate the requirements of the several States and Territories with respect to military assistance to civil authorities. ``(2) To develop doctrine and training requirements relating to the provision of military assistance to civil authorities. ``(3) To acquire equipment, materiel, and other supplies and services for the provision of military assistance to civil authorities. ``(4) To assist the Secretary of Defense in preparing the budget required under section 10544 of this title. ``(5) To administer amounts provided the National Guard for the provision of military assistance to civil authorities. ``(6) To carry out any other responsibility relating to the provision of military assistance to civil authorities as the Secretary of Defense shall specify. ``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall assist the Chief of the National Guard Bureau in carrying out activities under this section. ``(d) Consultation.--The Chief of the National Guard Bureau shall carry out activities under this section in consultation with the Secretary of the Army and the Secretary of the Air Force.''. (4) Budgeting for training and equipment for military assistance to civil authorities and other domestic missions.-- Chapter 1013 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations ``(a) In General.--The budget justification documents materials submitted to Congress in support of the budget of the President for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) shall specify separate amounts for training and equipment for the National Guard for purposes of military assistance to civil authorities and for other domestic operations during such fiscal year. ``(b) Scope of Funding.--The amounts specified under subsection (a) for a fiscal year shall be sufficient for purposes as follows: ``(1) The development and implementation of doctrine and training requirements applicable to the assistance and operations described in subsection (a) for such fiscal year. ``(2) The acquisition of equipment, materiel, and other supplies and services necessary for the provision of such assistance and such operations in such fiscal year.''. (5) Limitation on increase in personnel of national guard bureau.--The Secretary of Defense shall, to the extent practicable, ensure that no additional personnel are assigned to the National Guard Bureau in order to address administrative or other requirements arising out of the amendments made by this subsection. (d) Conforming and Clerical Amendments.-- (1) Conforming amendment.--The heading of section 10503 of such title is amended to read as follows: ``Sec. 10503. Functions of National Guard Bureau: charter''. (2) Clerical amendments.--(A) The table of sections at the beginning of chapter 1011 of such title is amended by striking the item relating to section 10503 and inserting the following new items: ``10503. Functions of National Guard Bureau: charter. ``10503a. Functions of National Guard Bureau: military assistance to civil authorities.''. (B) The table of sections at the beginning of chapter 1013 of such title is amended by adding at the end the following new item: ``10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations.''. (e) Termination of Position of Assistant to Chairman of Joint Chiefs of Staff for National Guard Matters.--Section 901 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1853; 10 U.S.C. 155 note) is amended to read as follows: ``SEC. 901. ASSISTANT TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR RESERVE MATTERS. ``(a) In General.--There is within the Joint Staff the position of Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters. ``(b) Selection.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters shall be selected by the Chairman from officers of the Army Reserve, the Navy Reserve, the Marine Corps Reserve, or the Air Force Reserve who-- ``(1) are recommended for such selection by the Secretary of the military department concerned; ``(2) have had at least 10 years of commissioned service in their reserve component; and ``(3) are in a grade above colonel or, in the case the Navy Reserve, captain. ``(c) Term of Office.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters serves at the pleasure of the Chairman for a term of two years and may be continued in that assignment in the same manner, for one additional term. However, in a time of war there is no limit on the number of terms. ``(d) Grade.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters while so serving, holds the grade of major general or, in the case of the Navy Reserve, rear admiral. The officer serving in the position shall be considered to be serving in a position external to that officer's Armed Force for purposes of section 721 of title 10, United States Code. ``(e) Duties.--The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters is an advisor to the Chairman on matters relating to the reserves and performs the duties prescribed for the position by the Chairman. ``(f) Other Reserve Component Representation on Joint Staff.--The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop appropriate policy guidance to ensure that, to the maximum extent practicable, the level of reserve component officer representation within the Joint Staff is commensurate with the significant role of the reserve components within the Total Force.''. SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST. (a) Sense of Congress.--It is the sense of Congress that, whenever officers are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers of the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade. (b) Proposal.--The Secretary of Defense shall submit to Congress a proposal for mechanisms to achieve the objective specified in subsection (a). The proposal shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in order to achieve that objective. (c) Notice Accompanying Nominations.--The President shall include with each nomination of an officer to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active-duty list that is submitted to the Senate for consideration a certification that all reserve officers who were eligible for consideration for promotion to such grade were considered in the making of such nomination. SEC. 4. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL GUARD OFFICER. (a) In General.--The position of Deputy Commander of the United States Northern Command shall be filled by a qualified officer of the National Guard who is eligible for promotion to the grade of lieutenant general. (b) Purpose.--The purpose of the requirement in subsection (a) is to ensure that information received from the National Guard Bureau regarding the operation of the National Guard of the several States is integrated into the plans and operations of the United States Northern Command.

National Defense Enhancement and National Guard Empowerment Act of 2006 - Expands the: (1) authority of the Chief of the National Guard Bureau (Bureau) to include membership on the Joint Chiefs of Staff (JCS) (and raises the grade of the Chief from lieutenant general to general); and (2) functions of the Bureau to include facilitating and coordinating, with other federal agencies and the states, the use of Guard personnel and resources for, and in, contingency operations, military operations other than war, natural disasters, and support of civil authorities. Directs the Chief to: (1) identify gaps between federal and state capabilities to prepare for and respond to emergencies; and (2) make recommendations to the Secretary of Defense on Guard programs and activities to address such gaps. Requires annual Department of Defense (DOD) budget justification documents to include separate amounts for Guard training and equipment for military assistance to civil authorities and other domestic operations. Establishes within the JCS an Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters. Expresses the sense of Congress calling for consideration of eligible reserve officers for promotion to the grades of lieutenant general or vice admiral on the active duty list. Requires the position of Deputy Commander of the U.S. Northern Command to be filled by a qualified Guard officer eligible for promotion to the grade of lieutenant general.

To amend title 10, United States Code, to enhance the national defense through empowerment of the Chief of the National Guard Bureau and the enhancement of the functions of the National Guard Bureau, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Child Victims Act of 2016''. SEC. 2. RESTITUTION IN THE CASE OF TRAFFICKING IN CHILD PORNOGRAPHY CONVICTIONS. (a) Restitution in the Case of Trafficking in Child Pornography Convictions.--Section 2259(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``The order'' and inserting ``Except as provided in paragraph (2), the order''; and (B) by striking ``as determined by the court pursuant to paragraph (2)'' after ``of the victim's losses''; (2) by inserting after paragraph (1) the following: ``(2) Restitution for trafficking in child pornography convictions.--In the case of a conviction for trafficking in child pornography, the order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) an amount of restitution determined by the court as follows: ``(A) Full amount of victim's losses determined.-- The court shall first determine the full amount of the victim's losses that were incurred or reasonably projected to be incurred by the victim as a result of the trafficking in child pornography on or after the date of the conduct constituting the offense. ``(B) Termination of payment.--A victim's total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's proven losses. After the victim has received restitution in the full amount of the victim's losses as measured by the greatest amount of such losses found, in any case involving that victim that has resulted in a final restitution under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated. The court may direct the victim to provide information concerning the amount of restitution the victim has been paid in other cases for the same losses.''; (3) by striking paragraph (3); and (4) by redesignating paragraph (2) as paragraph (3). (b) Additional Definitions.--Section 2259(c) of title 18, United States Code, is amended-- (1) in the heading, to read as follows: ``Definitions''; (2) by striking ``For purposes'' and inserting the following: ``(1) Victim.--For purposes''; (3) by striking ``under this chapter, including, in the case'' and inserting ``under this chapter. In the case''; (4) by inserting after ``or any other person appointed as suitable by the court,'' the following: ``may assume the crime victim's rights under this section,''; and (5) by adding at the end the following: ``(2) Trafficking in child pornography.--For purposes of this section and section 2259A, the term `trafficking in child pornography' means conduct proscribed by section 2251(d), section 2252, paragraphs (1) though (5) of section 2252A(a), section 2252A(g) (in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1)-(5), or 2260(b)), or section 2260(b). ``(3) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means conduct proscribed by subsections (a) through (c) of section 2251, section 2252A(g) (in cases in which the series of felony violations involves at least one violation of such subsections), or section 2260(a). ``(4) Full amount of the victim's losses.--For purposes of this section, the term `full amount of the victim's losses' includes any costs incurred, or reasonably projected to be incurred in the future, by the victim, as a proximate result of the offense of conviction or, in the case of a trafficking in child pornography conviction, as a proximate result of all trafficking in child pornography offenses involving the same victim, including-- ``(A) medical services relating to physical, psychiatric, or psychological care; ``(B) physical and occupational therapy or rehabilitation; ``(C) necessary transportation, temporary housing, and child care expenses; ``(D) lost income; ``(E) attorneys' fees, as well as other costs incurred; and ``(F) any other relevant losses incurred by the victim.''. (c) Fixed Compensation.--Section 2259 of title 18, United States Code, is amended by adding at the end the following: ``(d) Choice To Receive Fixed Compensation.-- ``(1) Fixed compensation made available at victim's election.-- ``(A) Election to receive compensation.--A victim of trafficking in child pornography may opt to receive fixed compensation from the Child Pornography Victims' Fund. The court must first make a finding that the claimant is a victim of trafficking in child pornography. Upon such a finding and a determination by the victim to receive fixed compensation, the court shall order payment in accordance with subparagraph (B) to the victim from the Child Pornography Victims' Fund. ``(B) Amount of compensation.--The amount of compensation payable is equal to-- ``(i) for calendar year 1st effective year, $35,000; and ``(ii) for each calendar year thereafter, $35,000 multiplied by the ratio (not less than 1) of-- ``(I) the Consumer Price Index for all Urban Consumer (CPI-U, as published by the Bureau of Labor Statistics of the Department of Labor) for the calendar year preceding such calendar year, to ``(II) the CPI-U for calendar year 2 years prior to effective year. ``(2) Limitations on fixed compensation.--A victim may only obtain fixed compensation once. Obtaining fixed compensation shall not bar or limit the victim from receiving restitution against any defendant for any offenses other than trafficking in child pornography. A victim who receives fixed compensation from the Child Pornography Victims' Fund may subsequently seek restitution under this section in trafficking in child pornography cases. However, when determining the amount of restitution, the court shall deduct the amount the victim received in fixed compensation from the full amount of the victim's losses and shall exclude losses incurred prior to the payment of fixed compensation. ``(3) Acceptance of restitution to make victim ineligible for fixed compensation.--A victim who has collected payment of restitution pursuant to this section in an amount greater than the amount provided for under paragraph (1)(B) in a trafficking in child pornography case shall be ineligible to receive fixed compensation. ``(4) Attorney's fees.-- ``(A) In general.--An attorney may not charge, receive, or collect, and the court may not approve, any payment of fees and costs that in the aggregate exceeds 25 percent of any payment made under this section. ``(B) Penalty.--Any attorney who violates paragraph (1) shall be fined under this title or imprisoned for not more than 1 year, or both.''. (d) Clerical Amendment.--Section 1593(b)(3) of title 18, United States Code, is amended by striking ``section 2259(b)(3)'' and inserting ``section 2259(c)(4)''. SEC. 3. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. (a) Assessments in Child Pornography Cases.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2259 the following: ``Sec. 2259A. Assessments in trafficking in child pornography cases ``(a) In General.--In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess-- ``(1) not more than $17,000 on any person convicted of an offense under sections 2252(a)(4) or 2252A(a)(5); ``(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and ``(3) not more than $50,000 on any person convicted of a child pornography production offense. ``(b) Annual Adjustment.--The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index. ``(c) Factors Considered.--In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572. ``(d) Imposition and Implementation.-- ``(1) In general.--The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant. ``(2) Effect on other penalties.--Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: ``(A) A special assessment under section 3013. ``(B) Restitution to victims of any child pornography production offense that the defendant committed. ``(C) An assessment under this section. ``(D) Other orders under section 2259 or any other section of this title. ``(E) All other fines, penalties, costs, and other payments required under the sentence. ``Sec. 2259B. Establishment of fund ``(a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the `Child Pornography Victim's Fund' (hereinafter in this section referred to as the `Fund'). ``(b) Deposits in Fund.--Notwithstanding any other provision of law, there shall be deposited in the Fund all assessments collected under section 2259A and any gifts, bequests, or donations to the Fund from private entities or individuals. ``(c) Retention of Sums in Fund; Availability for Expenditure Without Fiscal Year Limitation.--Sums deposited in the Fund shall remain in the Fund and be available for expenditure without fiscal year limitation. ``(d) Availability for Compensation Payments.--Amounts in the Fund shall be available for payment of compensation pursuant to section 2259(d). If at any time the Fund has insufficient funds to make all of the payments ordered under section 2259(d), the Fund shall make such payments as it can satisfy in full with the available funds. In determining the order in which such payments shall be made, the Fund shall make payments based on the date they were ordered, with the earliest-ordered payments made first. Sums shall be eligible to be disbursed from the Fund beginning on the date that is 6 months after the date of enactment of this title. ``(e) Administration.--The Attorney General shall administer the Child Pornography Victim's Fund and shall issue guidelines and regulations to implement this section. ``(f) Sense of Congress.--It is the intent of Congress that individuals who violate this Chapter before this legislation is enacted, but who are sentenced after this legislation is enacted, shall be subject to the statutory scheme that was in effect at the time the offenses were committed.'' (b) Clerical Amendment.--The table of sections for chapter of title 18, United States Code, is amended by inserting after the item pertaining to section 2259 the following: ``Sec. 2259A. Assessments in trafficking in child pornography cases. ``Sec. 2259B. Establishment of fund.''. SEC. 4. ALLOCATION OF AMOUNTS IN THE CRIME VICTIMS FUND. Section 1402(d)(3)(A) of chapter XIV of title II of Public Law 98- 473 (42 U.S.C. 10601(d)(3)(A)) is amended to read as follows: ``(A) Of the sums remaining in the Fund-- ``(i) in any particular fiscal year after compliance with paragraph (2), such sums as may be necessary shall be available only for-- ``(I) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in section 3771 of title 18 and section 503 of the Crime Control Act of 1990) through victim coordinators, victims' specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; and ``(II) a Victim Notification System; and ``(ii) in fiscal year 2017, $5,000,000 shall be transferred to the Child Pornography Victims Fund established under section 2259B of title 18, United States Code.''. SEC. 5. CLERICAL AMENDMENTS. (a) Expansion of Civil Remedies for Satisfaction of an Unpaid Fine.--Section 3613(c) of title 18, United States Code, is amended by inserting after ``pursuant to the provisions of subchapter C of chapter 227 of this title,'' the following: ``an assessment imposed pursuant to section 2259A of this title,''. (b) Clarification of Interstate or Foreign Commerce Provision Regarding Certain Activities Pertaining to Child Pornography.--Section 2252A of title 18, United States Code, is amended-- (1) in subsection (a)(2)(A)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' before ``shipped or transported'' and inserting ``has been''; and (B) by inserting after ``child pornography'' the following: ``using any means or facility of interstate or foreign commerce or''; and (2) in subsection (a)(2)(B)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' before ``shipped or transported'' and inserting ``has been''; and (B) by inserting after ``child pornography'' the following: ``using any means or facility of interstate or foreign commerce or''. (c) Clarification of the Definition of ``Sexually Explicit Conduct''.--Section 2256(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)(v)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''; and (2) in subparagraph (B)(iii)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''. (d) Clarification of the Extent of the Offense of Coercion and Enticement of a Minor.--Section 3559(e)(2)(A) of title18, United States Code, is amended by striking ``into prostitution''. SEC. 6. REPORT ON IMPLEMENTATION. Not later than 18 months after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the progress, if any, of the Department of Justice in obtaining restitution for victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260 of title 18, United States Code.

Justice for Child Victims Act of 2016 This bill amends the federal criminal code to modify procedures for the payment of restitution and monetary assessments by defendants in certain child pornography cases. The bill also establishes a Child Pornography Victim's Fund.

Justice for Child Victims Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Moratorium and Equity Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The moratorium of the Internet Tax Freedom Act on new taxes on Internet access and on multiple and discriminatory taxes on electronic commerce should be extended. (2) States should be encouraged to simplify their sales and use tax systems. (3) As a matter of economic policy and basic fairness, similar sales transactions should be treated equally, without regard to the manner in which sales are transacted, whether in person, through the mails, over the telephone, on the Internet, or by other means. (4) Congress may facilitate such equal taxation consistent with the United States Supreme Court's decision in Quill Corp. v. North Dakota. (5) States that adequately simplify their tax systems should be authorized to correct the present inequities in taxation through requiring sellers to collect taxes on sales of goods or services delivered in-state, without regard to the location of the seller. (6) The States have experience, expertise, and a vital interest in the collection of sales and use taxes, and thus should take the lead in developing and implementing sales and use tax collection systems that are fair, efficient, and non- discriminatory in their application and that will simplify the process for both sellers and buyers. (7) Online consumer privacy is of paramount importance to the growth of electronic commerce and must be protected. SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM. Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended to read as follows: ``(a) Moratorium.--No State or political subdivision thereof shall impose-- ``(1) any taxes on Internet access during the period beginning after September 30, 1998, unless such a tax was generally imposed and actually enforced prior to October 1, 1998; and ``(2) multiple or discriminatory taxes on electronic commerce during the period beginning on October 1, 1998, and ending on December 31, 2005.''. SEC. 4. INTERNET TAX FREEDOM ACT DEFINITIONS. (a) Internet Access Services.--Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by adding at the end the following new paragraph: ``(11) Internet access services.--The term `Internet access services' means services that combine computer processing, information storage, protocol conversion, and routing with transmission to enable users to access Internet content and services. Such term does not include receipt of such content or services.''. (b) Internet Access.--Section 1104(5) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``telecommunications services.' and inserting ``telecommunications services generally, but does include wireless web access services used to enable users to access content, information, electronic mail, or other services offered over the Internet, including any comparable package of services offered to users.''. (c) Telecommunications Services.--Section 1104(9) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``and includes communications services (as defined in section 4251 of the Internal Revenue Code of 1986)''. (d) Wireless Web Access Services.--Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(12) Wireless web access services.--The term `wireless web access services' means commercial mobile services (as defined in section 332(d)(1) of Communications Act of 1934 (47 U.S.C. 332(d)(1)), multi-channel, multi-point distribution services, or any wireless telecommunications services used to access the Internet.''. SEC. 5. STREAMLINED SALES AND USE TAX SYSTEM. (a) Development of Streamlined System.--It is the sense of Congress that States and localities should work together to develop a streamlined sales and use tax system that addresses the following in the context of remote sales: (1) A centralized, one-stop, multi-state reporting, submission, and payment system for sellers. (2) Uniform definitions for goods or services, the sale of which may, by State action, be included in the tax base. (3) Uniform rules for attributing transactions to particular taxing jurisdictions. (4) Uniform procedures for-- (A) the treatment of purchasers exempt from sales and use taxes; and (B) relief from liability for sellers that rely on such State procedures. (5) Uniform procedures for the certification of software that sellers rely on to determine sales and use tax rates and taxability. (6) A uniform format for tax returns and remittance forms. (7) Consistent electronic filing and remittance methods. (8) State administration of all State and local sales and use taxes. (9) Uniform audit procedures, including a provision giving a seller the option to be subject to no more than a single audit per year using those procedures; except that if the seller does not comply with the procedures to elect a single audit, any State can conduct an audit using those procedures. (10) Reasonable compensation for tax collection by sellers. (11) Exemption from use tax collection requirements for remote sellers falling below a de minimis threshold of $5,000,000 in gross annual sales. (12) Appropriate protections for consumer privacy. (13) Such other features that the States deem warranted to promote simplicity, uniformity, neutrality, efficiency, and fairness. (b) No Undue Burden.--Congress finds that, if adopted, the system described in subsection (a) will not place an undue burden on interstate commerce or burden the growth of electronic commerce and related technologies in any material way. (c) Study.--It is the sense of Congress that a joint, comprehensive study should be commissioned by State and local governments and the business community to determine the cost to all sellers of collecting and remitting State and local sales and use taxes on sales made by sellers under the law as in effect on the date of enactment of this Act and under the system described in subsection (a) to assist in determining what constitutes reasonable compensation. SEC. 6. INTERSTATE SALES AND USE TAX COMPACT. (a) Authorization and Consent.--In general, the States are authorized to enter into an Interstate Sales and Use Tax Compact. Subject to subsection (c), Congress consents to their entry into that Compact. The Compact shall describe a uniform, streamlined sales and use tax system consistent with section 5(a), and shall provide that States joining the Compact must adopt that system. (b) Expiration.--The authorization and consent in subsection (a) shall expire if the Compact has not been formed before January 1, 2006. (c) Congressional Consent Withdrawn if Compact Disapproved.-- (1) Adopting states to transmit.--Upon the 20th State becoming a signatory to the Compact, the adopting States shall transmit a copy of the Compact to Congress. (2) Congressional action.--The consent of Congress to the Compact is withdrawn if Congress, by law, disapproves the Compact within 120 days (computed in accordance with section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after the adopting States transmit the Compact to Congress. SEC. 7. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH AVERAGING. (a) In General.--Subject to the exception in subsection (c), a State that adopts the Compact authorized under section 6 and that levies a use tax shall impose a single, uniform State-wide use-tax rate on all remote sales on which it assesses a use tax for any calendar year for which the State meets the requirements of subsection (b). (b) Averaging Requirement.--A State meets the requirements of this subsection for any calendar year in which the single, uniform State- wide use-tax rate is in effect if such rate is no greater than the weighted average of the sales tax rates actually imposed by the State and its local jurisdictions during the 12-month period ending on June 30 prior to such calendar year. (c) Annual Option To Collect Actual Tax.--Notwithstanding subsection (a), a remote seller may elect annually to collect the actual applicable State and local use taxes on each sale made in the State. SEC. 8. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. (a) Grant of Authority.-- (1) States that adopt the system may require collection.-- Any State that has adopted the system described in the Compact is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the de minimis exception to collect and remit sales and use taxes on remote sales to purchasers located in such State after the expiration of the 120 day period described by section 6(c)(2) unless the Compact is disapproved under section 6(c). (2) States that do not adopt the system may not require collection.--Paragraph (1) does not extend to any State that does not adopt the system described in the Compact. (b) No Effect on Nexus, Etc.--No obligation imposed by virtue of authority granted by subsection (a)(1) or denied by subsection (a)(2) shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. Except as provided in subsection (a), nothing in this Act permits or prohibits a State-- (1) to license or regulate any person; (2) to require any person to qualify to transact intrastate business; or (3) to subject any person to State taxes not related to the sale of goods or services. SEC. 9. NEXUS FOR STATE BUSINESS ACTIVITY TAXES. It is the sense of Congress that before the conclusion of the 107th Congress, legislation should be enacted to determine the appropriate factors to be considered in establishing whether nexus exists for State business activity tax purposes. SEC. 10. LIMITATION. In general, nothing in this Act shall be construed as subjecting sellers to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements. SEC. 11. DEFINITIONS. In this Act: (1) State.--The term ``State'' means any State of the United States of America and includes the District of Columbia. (2) Goods or services.--The term ``goods or services'' includes tangible and intangible personal property and services. (3) Remote sale.--The term ``remote sale'' means a sale in interstate commerce of goods or services attributed, under the rules established pursuant to section 5(a)(3), to a particular taxing jurisdiction that could not, except for the authority granted by this Act, require that the seller of such goods or services collect and remit sales or use taxes on such sale. (4) Locus of remote sale.--The term ``particular taxing jurisdiction'', when used with respect to the location of a remote sale, means a remote sale of goods or services attributed, under the rules established pursuant to section 5(a)(3), to a particular taxing jurisdiction.

Internet Tax Moratorium and Equity Act - Amends the Internet Tax Freedom Act to extend: (1) permanently provisions which prohibit a State or political subdivision from imposing taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and (2) until December 31, 2005, the State or political subdivision prohibition on multiple or discriminatory taxes on electronic commerce.Expresses the sense of the Congress that: (1) States and localities should work together to develop a uniform streamlined sales and use tax system that addresses remote sales; and (2) a study should be commissioned to determine seller costs of collecting and remitting State and local sales and use taxes from remote sales.Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with the above system.

A bill to foster innovation and technological advancement in the development of the Internet and electronic commerce, and to assist the States in simplifying their sales and use taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Business Protection Act of 1995''. SEC. 2. FAMILY-OWNED BUSINESS EXCLUSION. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the lesser of-- ``(1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or ``(2) the sum of-- ``(A) $1,500,000, plus ``(B) 50 percent of the excess (if any) of the adjusted value of such interests over $1,500,000. ``(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, ``(2) the sum of-- ``(A) the adjusted value of the qualified family- owned business interests which-- ``(i) are included in determining the value of the gross estate (without regard to this section), and ``(ii) are acquired by a qualified heir from, or passed to a qualified heir from, the decedent (within the meaning of section 2032A(e)(9)), plus ``(B) the amount of the adjusted taxable gifts of such interests from the decedent to members of the decedent's family taken into account under subsection 2001(b)(1)(B), exceeds 50 percent of the adjusted gross estate, and ``(3) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) such interests were owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of the business to which such interests relate. ``(c) Adjusted Gross Estate.--For purposes of this section, the term `adjusted gross estate' means the value of the gross estate (determined without regard to this section)-- ``(1) reduced by any amount deductible under section 2053(a)(4), and ``(2) increased by the sum of-- ``(A) the amount taken into account under subsection (b)(2)(B), plus ``(B) the amount of other gifts from the decedent to the decedent's spouse (at the time of the gift) within 10 years of the date of the decedent's death, plus ``(C) the amount of other gifts (not included under subparagraph (A) or (B)) from the decedent within 3 years of such date. ``(d) Adjusted Value of the Qualified Family-Owned Business Interests.--For purposes of this section, the adjusted value of any qualified family-owned business interest is the value of such interest for purposes of this chapter (determined without regard to this section), reduced by the excess of-- ``(1) any amount deductible under section 2053(a)(4), over ``(2) the sum of-- ``(A) any indebtedness on any qualified residence of the decedent the interest on which is deductible under section 163(h)(3), plus ``(B) any indebtedness to the extent the taxpayer establishes that the proceeds of such indebtedness were used for the payment of educational and medical expenses of the decedent, the decedent's spouse, or the decedent's dependents (within the meaning of section 152), plus ``(C) any indebtedness not described in subparagraph (A) or (B), to the extent such indebtedness does not exceed $10,000. ``(e) Qualified Family-Owned Business Interest.-- ``(1) In general.--For purposes of this section, the term `qualified family-owned business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship, or ``(B) an interest as a partner in a partnership, or stock in a corporation, carrying on a trade or business, if-- ``(i) at least-- ``(I) 50 percent of such partnership or corporation is owned (directly or indirectly) by the decedent or members of the decedent's family, ``(II) 70 percent of such partnership or corporation is so owned by 2 families (including the decedent's family), or ``(III) 90 percent of such partnership or corporation is so owned by 3 families (including the decedent's family), and ``(ii) at least 30 percent of such partnership or corporation is so owned by each family described in subclause (II) or (III) of clause (i). ``(2) Limitation.--Such term shall not include-- ``(A) any interest in a trade or business the principal place of business of which is not located in the United States, ``(B) any interest in-- ``(i) an entity which had, or ``(ii) an entity which is a member of a controlled group (as defined in section 267(f)(1)) which had, readily tradable stock or debt on an established securities market or secondary market (as defined by the Secretary) within 3 years of the date of the decedent's death, ``(C) any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)), and ``(D) that portion of an interest in a trade or business that is attributable to cash or marketable securities, or both, in excess of the reasonably expected day-to-day working capital needs of such trade or business. ``(3) Ownership rules.-- ``(A) Indirect ownership.--For purposes of determining indirect ownership under paragraph (1), rules similar to the rules of paragraphs (2) and (3) of section 447(e) shall apply. ``(B) Tiered entities.--For purposes of this section, if-- ``(i) a qualified family-owned business holds an interest in another trade or business, and ``(ii) such interest would be a qualified family-owned business interest if held directly by the family (or families) holding interests in the qualified family-owned business meeting the requirements of paragraph (1)(B), then the value of the qualified family-owned business shall include the portion attributable to the interest in the other trade or business. ``(f) Tax Treatment of Failure To Materially Participate in Business or Dispositions of Interests.-- ``(1) In general.--There is imposed an additional estate tax if, within 10 years after the date of the decedent's death and before the date of the qualified heir's death-- ``(A) the qualified heir ceases to use for the qualified use (within the meaning of section 2032A(c)(6)(B)) the qualified family-owned business interest which was acquired (or passed) from the decedent, or ``(B) the qualified heir disposes of any portion of a qualified family-owned business interest (other than by a disposition to a member of the qualified heir's family or through a qualified conservation contribution under section 170(h)). ``(2) Additional estate tax.--The amount of the additional estate tax imposed by paragraph (1) shall be equal to-- ``(A) the applicable percentage of adjusted tax difference attributable to the qualified family-owned business interest (as determined under rules similar to the rules of section 2032A(c)(2)(B)), plus ``(B) interest on the amount determined under subparagraph (A) at the annual rate of 4 percent for the period beginning on the date the estate tax liability was due under this chapter and ending on the date such additional estate tax is due. ``(3) Applicable percentage.--For purposes of paragraph (2), the term `applicable percentage' means the percentage determined in accordance with the following table for the year (in the 10-year period referred to in paragraph (1)) in which the recapture event occurs: In the case of the: The applicable percentage is: First 5 such years....................... 100 percent 6th such year............................ 50 percent 7th such year............................ 40 percent 8th such year............................ 30 percent 9th such year............................ 20 percent 10th such year........................... 10 percent. ``(g) Other Definitions and Applicable Rules.--For purposes of this section-- ``(1) Qualified heir.--The term `qualified heir'-- ``(A) has the meaning given to such term by section 2032A(e)(1), and ``(B) includes any active employee of the trade or business to which the qualified family-owned business interest relates if such employee has been employed by such trade or business for a period of at least 10 years before the date of the decedent's death. ``(2) Member of the family.--The term `member of the family' has the meaning given to such term by section 2032A(e)(2). ``(3) Inflation adjustment.--In the case of estates of decedents dying in a calendar year after 1996, the $1,500,000 amount contained in subsection (a) shall be increased each place it appears by an amount equal to-- ``(A) $1,500,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. ``(4) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(c)(2)(D) (relating to partial dispositions). ``(D) Section 2032A(c)(3) (relating to only 1 additional tax imposed with respect to any 1 portion). ``(E) Section 2032A(c)(4) (relating to due date). ``(F) Section 2032A(c)(5) (relating to liability for tax; furnishing of bond). ``(G) Section 2032A(c)(7) (relating to no tax if use begins within 2 years; active management by eligible qualified heir treatment as material participation). ``(H) Section 2032A(e)(10) (relating to community property). ``(I) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(J) Section 2032A(f) (relating to statute of limitations). ``(K) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(L) Subparagraphs (B), (C), and (D) of section 6166(g)(1) (relating to acceleration of payment).'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Family-owned business exclusion.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1995.

Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.

Family Business Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plain Writing Act for Regulations of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to require that Federal regulations use plain writing, to enhance public understanding of regulations, and to increase the level of public participation in the rulemaking process. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Plain writing.--The term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. (4) Regulation.--The term ``regulation'' means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Preparation for Implementation of Plain Writing Requirements for Regulations.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall-- (A) designate a senior official within the agency to oversee the implementation of this Act by the agency; (B) ensure that the obligation of the agency to use plain writing in no way diminishes the ability of the agency to perform scientific analyses or technical analyses, or disclose scientific data or technical data or any other findings, that are required to be performed or disclosed under chapter 5 of title 5, United States Code, or any other provision of law; (C) communicate the requirements of this Act to the employees of the agency; (D) train employees of the agency to write regulations using plain writing; (E) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; and (F) designate an employee of the agency to serve as a point of contact to receive and respond to public input on-- (i) the implementation of this Act by the agency; and (ii) the agency reports required under section 6. (2) Individuals designated.--The individual designated under subparagraph (A) or (F) of paragraph (1) may be the same individual designated to carry out similar functions under the Plain Writing Act of 2010 (5 U.S.C. 301 note). (b) Requirement To Use Plain Writing in New and Revised Regulations.--Not later than 12 months after the date of enactment of this Act, each agency shall use plain writing in accordance with the guidance issued by the Director under the Plain Writing Act of 2010 (5 U.S.C. 301 note) in each proposed or final regulation issued or substantially revised by the agency. (c) Certification of Compliance.--For each proposed or final regulation issued by an agency, the head of the agency shall certify to the Director that the agency head has read the proposed or final rule and that the rulemaking documents use plain writing. (d) Exemption From Certain Information Collection Provisions.--An agency action to collect information from the public about a regulation is exempt from the information collection provisions of sections 3506(c) and 3507 of title 44, United States Code, if the agency head certifies that the sole reason for the information collection is to improve the clarity of the regulation in accordance with this Act. SEC. 5. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. (a) Guidance.--Not later than 6 months after the date of enactment of this Act, the Director shall develop and issue guidance on implementing the requirements of this Act that ensures that the head of each agency understands that the obligation of the agency to use plain writing does not in any way diminish the ability of the agency to perform scientific analyses or technical analyses, or disclose scientific data or technical data or any other findings, that are required to be performed or disclosed by chapter 5 of title 5, United States Code, or any other provision of law. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance. (b) Publication of Certifications.--The Director shall publish each certification required under section 4(c) on the official website of the Office of Management and Budget. SEC. 6. REPORTS. (a) Initial Report.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall publish on the plain writing section of the website of the agency created under the Plain Writing Act of 2010 (5 U.S.C. 301 note) a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual Compliance Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the website of the agency a report on the compliance of the agency with the requirements of this Act. (c) GAO Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that-- (1) evaluates the extent to which regulations use plain writing, by conducting a survey of different intended audiences for a representative sample of major regulations that measures-- (A) the level of comprehension of each respondent for each regulation; and (B) the satisfaction of each respondent with the plain writing used in each regulation, focusing on whether the regulation uses writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience of the regulation; (2) assesses the extent to which plain writing helped increase the level of public participation in the rulemaking process; and (3) provides recommendations to-- (A) improve compliance with the requirements of this Act; and (B) better use plain writing to enhance public understanding of regulations and increase public participation in the rulemaking process. SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--There shall be no judicial review of compliance or noncompliance with any provision of this Act. (b) Enforceability.--No provision of this Act may be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.

Plain Writing Act for Regulations of 2012 - Requires the head of each executive agency to: (1) implement a program for using plain writing in drafting agency regulations, (2) designate a senior official to oversee the implementation of plain writing requirements, (3) certify to the Director of the Office of Management and Budget (OMB) that each agency rule has been reviewed for compliance with such requirements, and (4) publish annual reports on agency compliance with such requirements on the agency's website. Requires: (1) the Director of OMB to develop and issue guidance to agencies for implementing plain writing requirements and publish certifications of agency compliance with such requirements on the OMB's website, and (2) the Comptroller General (GAO) to report to Congress on the extent to which regulations are using plain writing and the impact of plain writing requirements on the rulemaking process. Prohibits judicial review of compliance or noncompliance with any provision of this Act.

A bill to require that Federal regulations use plain writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Child Deserves a Family Act''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home. (2) In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identity, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures. (3) Of the estimated 400,000 children in the United States foster care system, more than 101,000 cannot return to their original families and are legally free for adoption. (A) 50,608 children were adopted in 2013, while 23,090 youth ``aged out'' of the foster care system. (B) Research shows that youth who ``age out'' of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood. (C) Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000. (4) Experts agree that in many States, lesbian, gay, bisexual, and transgender youth experience discrimination, harassment, and violence in the foster care system because of their sexual orientation or gender identity. (5) Approximately 60 percent of homeless lesbian, gay, bisexual, and transgender youth were previously in foster care. According to the Urban Justice Center, many of these young people reported that living on the streets felt ``safer'' than living in their group or foster home. (6) According to the Williams Institute, an estimated 19 percent of same-sex couple households include children under 18 years of age. (7) The Williams Institute estimates that 3,000,000 lesbian, gay, bisexual, and transgender people have had a child and as many as 6,000,000 American adults and children have a lesbian, gay, bisexual, or transgender parent. Among adults under 50 years of age living alone or with a spouse or partner, 48 percent of lesbian, bisexual, or transgender women are raising a child under 18 years of age, and 20 percent of gay, bisexual, or transgender men are doing so. (8) As of 2013, same-sex couples are raising 1.4 percent of adopted children with 2 parents and are fostering 1.7 percent of foster children living with 2 parents. A 2007 report from the Williams Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption. (9) According to the Williams Institute/Urban Institute, same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social, and psychological adjustment, and development as children whose parents are heterosexual. (10) An Evan B. Donaldson Adoption Institute study found that \1/3\ of child welfare agencies in the United States reject gay, lesbian, and bisexual applicants. (A) The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care. (B) According to the Williams Institute, more than 3,400 children are currently in foster placements with same-sex couples. Another 22,000 children are being raised by same-sex adoptive couples. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents. (11) Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child's legal parents. Recognition of joint adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents' health benefits, survivor's, Social Security, and child support entitlements, legal grounds for either parent to provide consent for medical care, education, and other important decisions, as well as the establishment of permanency for parents and child. (12) Professional organizations in the fields of medicine, psychology, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt a child, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success. (13) Discrimination against potential foster or adoptive parents based on sexual orientation, gender identity, or marital status is not in the best interests of children in the foster care system. (b) Purposes.--The purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identity, or marital status. SEC. 3. EVERY CHILD DESERVES A FAMILY. (a) Activities.-- (1) Prohibition.--An entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not-- (A) deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; or (C) require different or additional screenings, processes, or procedures for adoptive or foster placement decisions on the basis of the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Definition of placement decision.--In this section, the term ``placement decision'' means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. (b) Equitable Relief.--Any individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction. (c) Federal Guidance.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section. (d) Technical Assistance.--In order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by, this Act in making foster care and adoption placement decisions, the Secretary shall provide technical assistance to all entities covered by this Act, including-- (1) identifying laws and regulations inconsistent with this Act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time; (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation, gender identity, or marital status of the prospective parent; (4) comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this Act. (e) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of enactment of this Act, whichever occurs first. (2) Authority to extend deadline.--If a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State and any entities in the State that are involved with adoption or foster care placements a reasonable number of days after the close of the 1st State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds.--If a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section. (f) GAO Study.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have-- (A) eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any qualified, prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; and (C) eliminated all different or additional screenings, processes, or procedures for adoptive or foster placement decisions based on the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Report to the congress.--Not later than 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to Congress a written report that contains the results of the study.

Every Child Deserves a Family Act Prohibits adoption or foster care placement service entities that receive federal assistance (or that contract with entities receiving such assistance) from using the sexual orientation, gender identity, or marital status of a prospective adoptive or foster parent, or from using the sexual orientation or gender identity of the child, to: (1) deny a person the opportunity to become an adoptive or foster parent; (2) delay or deny the placement of a child for adoption or into foster care; or (3) require different or additional screenings or procedures for adoptive or foster placement decisions, including whether to seek the termination of birth parent rights or to make a child legally available for adoptive placement. Allows individuals aggrieved by a violation of this Act to bring an action seeking relief in federal court. Directs the Department of Health and Human Services (HHS) to publish guidance on legal compliance and to assist entities with casework practices, recruitment efforts, and cultural competency training. Allows HHS to withhold payments under part B (Child and Family Services) or part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to states that fail to comply with this Act.

Every Child Deserves a Family Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Enhancement of Talented Students Act'' or the ``School EATS Act''. SEC. 2. FINDING. Congress finds the following: (1) According to the Secretary of Agriculture, in the school year beginning July 2007, the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) provided more than 31 million lunches and more than 10 million breakfasts. (2) The calories and nutrients consumed at school and school-related activities are an important component of dietary intake of all school-age children, and for most students, comprise of over half of daily caloric intake. (3) Commercially prepared products, including processed commodities, account for 40 percent of the available lunch entrees and were major sources of fat, sodium and calories in lunches. (4) Childhood obesity rates have tripled among kids ages 12 to 19 since 1980, with one-third of America's youth now overweight or obese; impacting students in school, the readiness of the military, and rising health care costs. (5) Recently, States like West Virginia, have sought to exceed school meal guidelines set forth by Secretary of Agriculture by decreasing the amount of fat and sodium served and increasing the servings of fruits and vegetables. (6) The Dietary Guidelines for Americans published in June 2010 under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) recommends that Americans improve nutrition literacy and cooking skills, and learn to prepare foods; schools have the opportunity to do the same for children. SEC. 3. SCHOOL EATS GRANT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) School EATS Grant Program.-- ``(1) In general.--From the amounts appropriated under paragraph (10), the Secretary shall award grants, on a competitive basis, to eligible entities for the purpose of carrying out a program to reduce the amount of processed food served each day under the school lunch program established under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(2) Deadline for awards.--The Secretary shall award grants under this subsection not later than 90 days after the date funds are appropriated under paragraph (10) for each fiscal year. ``(3) Priority.--In awarding grants under this subsection, the Secretary shall give priority to eligible entities-- ``(A) in which at least 50 percent of the students enrolled in schools under the jurisdiction of such eligible entities are eligible for free or reduced price meals; and ``(B) located in a State in which the adult obesity rate, as determined by the Centers for Disease Control and Prevention, is not less than 30 percent and the child obesity rate, Centers for Disease Control and Prevention, is more than 30 percent. ``(4) Application.--In order to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(5) Uses of funds.-- ``(A) Required uses.--An eligible entity receiving grant funds under this subsection shall use such funds to serve healthy, unprocessed foods under the school lunch program established under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) by-- ``(i) procuring such foods; ``(ii) training food service staff at such schools to prepare such foods; and ``(iii) purchasing equipment required to prepare such foods. ``(B) Limited uses.--The Secretary shall determine the percentage of funds an eligible entity receives under this subsection that may be used by the entity for administrative costs. ``(6) Technical assistance.--The Secretary shall provide technical assistance on the procurement of healthy, unprocessed foods to each eligible entity receiving a grant under this Act. ``(7) Waiver of weight and quality requirements.--During the period an eligible entity is carrying out the program described in this subsection with grant funds received under this subsection, the Secretary shall waive with respect to any foods offered or served under the program, any weight or quantity requirements under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to foods served or offered under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(8) Reporting requirements.--Each eligible entity receiving a grant under this section, not later than 90 days after the end of the first full school year the eligible entity receives such grant funds, shall prepare and submit to the Secretary a report on the program carried out with such funds, which shall include-- ``(A) the percentage of unprocessed foods served under the program; ``(B) the number and percentage of students that participated in the program; ``(C) the health outcomes of such students-- ``(i) as measured by a survey of student responses that reflect eating habits of such students; or ``(ii) other measures determined necessary by the Secretary to accurately reflect the health of such students; and ``(D) a complete budget breakdown of how such funds were used. ``(9) Definition.--For purposes of this subsection, the term `eligible entity' means-- ``(A) a State educational agency; ``(B) a local educational agency; or ``(C) a school food authority. ``(10) Authorization of appropriations.--There are authorized to be appropriated $8,000,000 to carry out this subsection for each of fiscal years 2011 through 2014.''.

School Enhancement of Talented Students Act or School EATS Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to award competitive grants to states, local educational agencies, or school food authorities to reduce the amount of processed food served each day under the school lunch and breakfast programs. Gives grant priority to applicants: (1) in which at least 50% of the students enrolled in schools under their jurisdictions are eligible for free or reduced price meals; and (2) located in states where the adult obesity rate is not less that 30% and the child obesity rate is more than 30%, as determined by the Centers for Disease Control and Prevention (CDC). Requires grant funds to be used to: (1) procure unprocessed foods; (2) train food service staff to prepare such foods; and (3) purchase the equipment needed to prepare such foods. Requires the Secretary to provide technical assistance to grantees on the procurement of healthy, unprocessed foods. Makes food weight and quantity requirements under the school lunch and breakfast programs inapplicable to food served under this Act's grant program.

To amend the Richard B. Russell National School Lunch Act to carry out a pilot program to reduce the amount of processed food served each day under the school breakfast program or school lunch program.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Manufacturing Jobs for Veterans Act''. SEC. 2. VETERANS MANUFACTURING EMPLOYMENT PROGRAM. (a) Establishment of Pilot Program.--To encourage the employment of eligible veterans in manufacturing, the Secretary of Labor, as part of the Veteran's Workforce Investment Program, shall carry out a pilot program to be known as the ``Veterans Manufacturing Employment Program''. Under the pilot program, the Secretary shall award competitive grants to three States for the establishment and administration of a State program to make grants to manufacturing employers and labor-management organizations that provide covered training, on-job training, apprenticeships, and certification classes to eligible veterans. Such a program shall be known as a ``State Manufacturing Employment Program''. (b) Eligibility for Grants.--To be eligible to receive a grant under the pilot program, a State shall submit to the Secretary an application that includes each of the following: (1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in manufacturing. (2) Evidence that the State has-- (A) a population of eligible veterans of an appropriate size to carry out the State program; (B) a robust and diverse manufacturing industry; and (C) the ability to carry out the State program described in the proposal under paragraph (1). (3) Such other information and assurances as the Secretary may require. (c) Use of Funds.--A State that is the recipient of a grant under this section shall use the grant for the following purposes: (1) Making grants to manufacturing employers and labor- management organizations to reimburse such employers and organizations for the cost of providing covered training, on- job training, apprenticeships, and certification classes to eligible veterans. (2) Conducting outreach to inform manufacturing employers, labor-management organizations, and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program. (d) Conditions.--Under the pilot program, each grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (e) Employer Requirements.--In order to receive a grant made by a State under the pilot program, a manufacturing employer shall-- (1) submit to the administrator of the State Manufacturing Employment Program an application that includes-- (A) the rate of pay for each eligible veteran proposed to be trained using grant funds; (B) the average rate of pay for an individual employed by the manufacturing employer in a similar position who is not an eligible veteran; and (C) such other information and assurances as the administrator may require; and (2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify. (f) Limitation.--None of the funds made available to a manufacturing employer through a grant under the pilot program may be used to provide training of any kind to a person who is not an eligible veteran. (g) Report to Congress.--Together with the report required to be submitted annually under section 4107(c) of title 38, United States Code, the Secretary shall submit to Congress a report on the pilot program for the year covered by such report. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program. (h) Administrative and Reporting Costs.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (j), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (f). The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (i) Definitions.--For purposes of this section: (1) The term ``covered training, on-job training, apprenticeships, and certification classes'' means training, on-job training, apprenticeships, and certification classes that are-- (A) designed to provide the veteran with skills that are particular to manufacturing and not directly transferable to employment in another industry; and (B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of section 3687 of title 38, United States Code. (2) The term ``eligible veteran'' means a veteran, as that term is defined in section 101(3) of title 38, United States Code, who is employed by a manufacturing employer and enrolled or participating in a covered training, on-job training, apprenticeship, or certification class. (3) The term ``manufacturing employer'' means a business concern-- (A) that employs individuals in a trade or business in manufacturing; (B) the production facilities of which are located in the United States; and (C) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System. (j) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out the pilot program.

Manufacturing Jobs for Veterans Act - Directs the Secretary of Labor, as part of the Veteran's Workforce Investment Program, to carry out a five-year pilot program (to be known as the Veterans Manufacturing Employment Program) to award competitive grants to three states for the establishment and administration of a State Manufacturing Employment Program to make grants to manufacturing employers and labor-management organizations that provide training, on-job training, apprenticeships, and certification classes to eligible veterans.

Manufacturing Jobs for Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Physician Choice Act of 1999''. SEC. 2. CHOICE OF PHYSICIANS. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 715. CHOICE OF PHYSICIANS. ``(a) Requirement To Offer Coverage Option to Certain Employees.-- Except as provided in subsection (b), if a group health plan provides, directly or through insurance, for coverage of services in connection with the group health plan only if such services are furnished exclusively through health care professionals who are members of a closed panel of health care professionals, such plan shall make available a coverage option which provides for coverage of such services regardless of whether or not the professionals are members of such a panel. ``(b) Exceptions.-- ``(1) Alternative group health plan.--Subsection (a) shall not apply in the case of any group health plan with respect to coverage provided to any participant or beneficiary of such plan if any other group health plan maintained by the same plan sponsor offers to the same participant or beneficiary a coverage option that provides coverage for services that may be furnished by professionals whether or not they are members of such a panel. ``(2) Small employer.-- ``(A) In general.--Subsection (a) shall not apply to any group health plan (other than a plan under which all benefits consist of health insurance coverage) of a small employer, as defined, for purposes of this paragraph, with respect to a calendar year and a plan year, as an employer who employed an average of at least 2 but not more than 25 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. ``(B) Application of certain rules in determination of employer size.--For purposes of this paragraph-- ``(i) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(ii) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(iii) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(c) Construction.--Nothing in this section shall be construed-- ``(1) as requiring coverage for benefits for a particular type of health care provider; ``(2) as requiring an employer to pay any costs as a result of this section or to make equal contributions with respect to different health coverage options; ``(3) as preventing a group health plan or health insurance issuer from imposing higher premiums or cost-sharing on a participant for the exercise of a coverage option that provides coverage for services that may be furnished by professionals whether or not they are members of a closed panel; or ``(4) as applying to any excepted benefits as defined in section 733(c). ``(d) Definitions.--For purposes of this section: ``(1) Coverage through a closed panel of health care professionals.--The term `coverage through a closed panel of health care professionals' means coverage of items or services which are reimbursed for or provided only within a limited network of such professionals. ``(2) Health care professional.--The term `health care professional' means a physician (as defined in section 1861(r) of the Social Security Act) or other health care professional if coverage for the professional's services is provided under the group health plan for the services of the professional. Such term includes a podiatrist, optometrist, chiropractor, psychologist, dentist, physician assistant, physical or occupational therapist and therapy assistant, speech-language pathologist, audiologist, registered or licensed practical nurse (including nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, and certified nurse- midwife), licensed certified social worker, registered respiratory therapist, and certified respiratory therapy technician.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by adding at the end of the items relating to subpart B of part 7 of subtitle B of title I of such Act the following new item: ``Sec. 715. Ensuring choice of physicians.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) In General.--The amendments made by this Act shall apply with respect to plan years beginning on or after January 1 of the second calendar year following the date of the enactment of this Act, except that the Secretary of Labor may issue regulations before such date under such amendments. The Secretary shall first issue regulations necessary to carry out the amendments made by this Act before the effective date thereof. (b) Limitation on Enforcement Actions.--No enforcement action shall be taken, pursuant to the amendments made by this Act, against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by such amendments before the date of issuance of regulations issued in connection with such requirement, if the plan or issuer has sought to comply in good faith with such requirement. (c) Special Rule for Collective Bargaining Agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this Act shall not apply with respect to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (2) January 1, 2002. For purposes of this subsection, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this Act shall not be treated as a termination of such collective bargaining agreement.

Ensuring Physician Choice Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require group health plans, if they provide for coverage of services only if such services are furnished exclusively through health care professionals who are members of a closed panel of health care professionals, to make available an option which provides for coverage of services regardless of whether or not the professionals are members of such a panel. Exempts from such requirement: (1) plans that maintain an alternative group health plan which offers such a coverage option; and (2) plans (other than ones under which all benefits consist of health insurance coverage) of small employers who employ an average of two to 25 employees on business days.

Ensuring Physician Choice Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Horse Protection Amendments Act of 2013''. SEC. 2. DEFINITION. Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The term `objective inspection' means an inspection conducted using only inspection methods based on science-based protocols (including swabbing or blood testing protocols) that-- ``(A) have been the subject of testing and are capable of producing scientifically reliable, reproducible results; ``(B) have been subjected to peer review; and ``(C) have received acceptance in the veterinary or other applicable scientific community.''. SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS, EXHIBITIONS, OR SALES OR AUCTIONS. (a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) the Inspector General of the Department of Agriculture has determined the program through which the Secretary inspects horses is not adequate to ensure compliance with this Act;''. (b) Horse Shows and Exhibitions.--Section 4(c) of the Horse Protection Act (15 U.S.C. 1823(c)) is amended-- (1) in the first sentence, by striking ``appointment by the management of any horse show, horse exhibition, or horse sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act'' and inserting ``that affiliation and appointment''; (2) by inserting before the first sentence, the following: ``(1) The Horse Industry Organization established under paragraph (2) shall establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections at each such show, exhibition, and sale or auction, and in coordination with the Secretary, otherwise ensure compliance with this Act.''; and (3) by adding at the end the following new paragraph: ``(2)(A) Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall prescribe by regulation the establishment of a single horse industry organization (referred to in this Act as the `Horse Industry Organization' or the `HIO'). The HIO shall be headed or otherwise governed by not more than nine individuals appointed in accordance with the following: ``(i) Four individuals shall be appointed by the heads of State agencies on agriculture, two of whom shall be appointed by the Commissioner of Agriculture for the State of Tennessee and two of whom shall be appointed by the Commissioner of Agriculture for the Commonwealth of Kentucky. ``(ii) Two individuals representing the Tennessee Walking Horse industry shall be appointed from within such industry by the individuals appointed under clause (i) in accordance with a process developed by the individuals so appointed in consultation with the Walking Horse Trainers' Association. ``(iii) Not more than three individuals shall be appointed by the six individuals appointed under clauses (i) and (ii). ``(B) The nine individuals appointed under clauses (i), (ii), and (iii) of subparagraph (A) shall establish a process for filling any vacancy and for the subsequent appointment of individuals initially appointed under such subparagraph. ``(C) Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the HIO. ``(D) The Horse Industry Organization shall issue policies establishing requirements for any person licensed by the Horse Industry Organization or a member of the immediate family of such a person to be free from conflicts of interest, by reason of any association or connection with the walking horse industry including through-- ``(i) being employed by or providing any services to any show manager, trainer, owner, or exhibitor of Tennessee Walking horses, Spotted Saddle horses, or Racking horses; and ``(ii) training, exhibiting, shoeing, breeding, or selling Tennessee Walking horses, Spotted Saddle horses, or Racking horses. ``(E) Not later than 90 days after the date on which the Horse Industry Organization is established pursuant to this paragraph, the Secretary shall revoke the certification issued to any horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or any successor regulation), as in effect on such date.''. (c) Unlawful Acts.--Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended-- (1) in paragraph (3), by striking ``appoint and retain a person in accordance with section 4(c) of this Act'' and inserting ``establish a formal affiliation with the Horse Industry Organization under section 4(c)''; (2) in paragraph (4), by striking ``appoint and retain a qualified person in accordance with section 4(c) of this Act'' and inserting ``establish a formal affiliation with the Horse Industry Organization under section 4(c)''; (3) in paragraph (5), by striking ``appointed and retained a person in accordance with section 4(c) of this Act'' and inserting ``establish a formal affiliation with the Horse Industry Organization under section 4(c)''; and (4) in paragraph (6)-- (A) by striking ``appointed and retained a person in accordance with section 4(c) of this Act'' and inserting ``established a formal affiliation with the Horse Industry Organization under section 4(c)''; and (B) by striking ``such person or the Secretary'' and inserting ``a person licensed by the Horse Industry Organization''. SEC. 4. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the amendments made by this Act.

Horse Protection Amendments Act of 2013 [sic] - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, and otherwise ensure compliance with the Horse Protection Act. Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry.

Horse Protection Amendments Act of 2013

SECTION 1. ACCESS TO HUD PROGRAMS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY. (a) HUD Responsibilities.--To allow the Department of Housing and Urban Development to better serve persons with limited proficiency in the English language by providing technical assistance to recipients of Federal funds, the Secretary of Housing and Urban Development shall take the following actions: (1) Task force.--Within 90 days after the date of enactment of this Act, convene a task force comprised of appropriate industry groups, recipients of funds from the Department of Housing and Urban Development (in this section referred to as the ``Department''), community-based organizations that serve individuals with limited English proficiency, civil rights groups, and stakeholders, which shall identify a list of vital documents, including Department and certain property and other documents, to be competently translated to improve access to federally conducted and federally assisted programs and activities for individuals with limited English proficiency. The task force shall meet not less frequently than twice per year. (2) Translations.--Within 6 months after identification of documents pursuant to paragraph (1), produce translations of the documents identified in all necessary languages and make such translations available as part of the library of forms available on the website of the Department and as part of the clearinghouse developed pursuant to paragraph (4). (3) Plan.--Develop and carry out a plan that includes providing resources of the Department to assist recipients of Federal funds to improve access to programs and activities for individuals with limited English proficiency, which plan shall include the elements described in paragraph (4). (4) Housing information resource center.--Develop and maintain a housing information resource center to facilitate the provision of language services by providers of housing services to individuals with limited English proficiency. Information provided by such center shall be made available in printed form and through the Internet. The resources provided by the center shall include the following: (A) Translation of written materials.--The center may provide, directly or through contract, vital documents from competent translation services for providers of housing services. (B) Toll-free customer service telephone number.-- The center shall provide a 24-hour toll-free interpretation service telephone line, by which recipients of funds of the Department and individuals with limited English proficiency may-- (i) obtain information about federally conducted or federally assisted housing programs of the Department; (ii) obtain assistance with applying for or accessing such housing programs and understanding Federal notices written in English; and (iii) communicate with housing providers, and learn how to access additional language services. The toll-free telephone service provided pursuant to this subparagraph shall supplement resources in the community identified by the plan developed pursuant to paragraph (3). (C) Document clearinghouse.--The center shall collect and evaluate for accuracy or develop, and make available, templates and documents that are necessary for consumers, relevant industry representatives, and other stakeholders of the Department, to access, make educated decisions, and communicate effectively about their housing, including-- (i) administrative and property documents; (ii) legally binding documents; (iii) consumer education and outreach materials; (iv) documents regarding rights and responsibilities of any party; and (v) remedies available to consumers. (D) Study of language assistance programs.--The center shall conduct a study that evaluates best- practices models for all programs of the Department that promote language assistance and strategies to improve language services for individuals with limited English proficiency. Not later than 18 months after the date of the enactment of this Act, the center shall submit 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, which shall provide recommendations for implementation, specific to programs of the Department, and information and templates that could be made available to all recipients of grants from the Department. (E) Cultural and linguistic competence materials.-- The center shall provide information relating to culturally and linguistically competent housing services for populations with limited English proficiency. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a). (c) Report.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Housing and Urban Development shall submit a report regarding its compliance with the requirements under subsection (a) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representative.

Directs the Secretary of Housing and Urban Development to take specified actions to allow the Department of Housing and Urban Development (HUD) to better serve persons with limited English proficiency by providing technical assistance to recipients of federal funds. Requires the Secretary to convene a task force to identify vital documents for translation to improve the access of such individuals to federally conducted and federally assisted programs and activities. Requires the Secretary to: (1) produce such translations and make them available on the HUD website; (2) develop and carry out a plan for providing HUD resources to assist federal funds recipients to improve the access of such individuals to programs and activities; and (3) develop a housing information resource center, with a 24-hour toll-free interpretation service telephone line, which may provide vital documents from competent translation services for housing services providers. Requires the center to: (1) operate a document clearinghouse; (2) evaluate best-practices models; and (3) provide information relating to culturally and linguistically competent housing services for populations with limited English proficiency.

A bill to allow the Department of Housing and Urban Development to better serve persons with limited proficiency in the English language by providing technical assistance to recipients of Federal funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prison Industries Competition in Contracting Corrections Act of 1996''. SEC. 2. PURCHASE OF PRISON-MADE PRODUCTS BY FEDERAL AGENCIES. Section 4124 of title 18, United States Code, is amended to read as follows: ``Sec. 4124. Purchase of prison-made products by Federal departments and agencies ``(a) Purchase of Prison-Made Products.--Each Federal department and agency shall offer to purchase prison-made products in accordance with this section. ``(b) Requirements for Prison-Made Products.--(1) When a procurement activity of a Federal department or agency has a requirement for a specific product that is authorized to be offered for sale by Federal Prison Industries (in accordance with section 4122 of this title) and is listed in the catalog referred to in subsection (f), the procurement activity shall solicit an offer from Federal Prison Industries. ``(2) A contract award for such product shall be made using competitive procedures in accordance with the specifications and evaluation factors specified in the solicitation. ``(3) A contract award for such product may be made to Federal Prison Industries if the contracting officer for the procurement activity determines that-- ``(A) the prison-made product to be furnished will meet the requirements of the procurement activity (including any applicable prequalification requirements and all specified commercial or governmental standards pertaining to quality, testing, safety, serviceability, and warranties); ``(B) timely performance of the contract can be reasonably expected; and ``(C) the contract price does not exceed a current market price as established by the competition. ``(c) Performance by Federal Prison Industries.--Federal Prison Industries shall be required to perform its contractual obligations under a contract awarded by a Federal department or agency to the same extent as any other contractor under such a contract. ``(d) Finality of Contracting Officer's Decision.--(1) A decision by a contracting officer regarding the award of a contract to Federal Prison Industries or relating to the performance of such contract shall be final, unless reversed on appeal pursuant to paragraph (2) or (3). ``(2) The Director of Federal Prison Industries may appeal to the head of a Federal department or agency a decision by a contracting officer not to award a contract to Federal Prison Industries pursuant to subsection (b)(3). The decision of the head of a Federal department or agency on appeal shall be final. ``(3) A dispute between Federal Prison Industries and a procurement activity regarding performance of a contract shall be subject to a final resolution by the board of contract appeals having jurisdiction over the procurement activity's contract performance disputes pursuant to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). ``(e) Reporting of Purchases.--Each Federal department or agency shall report purchases from Federal Prison Industries to the Federal Procurement Data System (as referred to in section 6(d)(4) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4))) in the same manner as it reports to such System any acquisition in an amount in excess of the simplified acquisition threshold (as defined by section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))). ``(f) Catalog of Products.--Federal Prison Industries shall publish and maintain a catalog of all specific products and services that it is authorized to offer for sale. Such catalog shall be periodically revised as products and services are added or deleted by its Board of Directors (in accordance with section 4122(b) of this title).''. SEC. 3. DEFINITIONS. Chapter 307 of title 18, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 4130. Definitions ``As used in the chapter: ``(1) The term `reasonable share of the market' means a share of the total purchases by the Federal departments and agencies, as reported to the Federal Procurement Data System for any specific product during the 3 preceding fiscal years, that does not exceed 20 percent of the Federal market for the specific product. ``(2) The term `specific product' means a product that is designed and manufactured to meet requirements distinct in function and predominant material of manufacture from another product, as described by-- ``(A) the 7-digit classification for the product in the Standard Industrial Classification (SIC) Code published by the Office of Management and Budget (or if there is no 7-digit code classification for a product, the 5-digit code classification); and ``(B) the 13-digit National Stock Number assigned to such product under the Federal Stock Classification System (including group, part number, and section), as determined by the General Services Administration.''. SEC. 4. IMPLEMENTATION IN THE FEDERAL ACQUISITION REGULATION. (a) Proposed Revisions.--Proposed revisions to the government-wide Federal Acquisition Regulation to implement the amendments made by this Act shall be published not later than 60 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not later than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication. (c) Public Participation.--The proposed regulations required by subsection (a) and the final regulations required by subsection (b) shall afford an opportunity for public participation in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). SEC. 5. RULE OF CONSTRUCTION. Subsection (d) of section 4124 of title 18, United States Code, as amended by section 2, is not intended to alter any rights of any offeror other than Federal Prison Industries to file a bid protest in accordance with other law or regulation in effect on the date of the enactment of this Act. SEC. 6. EFFECTIVE DATE AND APPLICABILITY. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Applicability.--Section 4124 of title 18, United States Code, as amended by section 2, shall apply to any requirement for a product offered by Federal Prison Industries needed by a Federal department or agency after the effective date of the final regulations issued pursuant to section 3(b), or after March 31, 1997, whichever is earlier.

Federal Prison Industries Competition in Contracting Corrections Act of 1996 - Modifies Federal criminal code provisions regarding the purchase of prison-made products by Federal departments to require each Federal department and agency to offer to purchase prison-made products in accordance with this Act. Specifies that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product that is authorized to be offered for sale by Federal Prison Industries (FPI) and is listed in the FPI catalog of products, the procurement activity shall solicit an offer from FPI; and (2) a contract award shall be made using competitive procedures in accordance with the specifications and evaluation factors specified in the solicitation, and may be made to FPI if the contracting officer for the procurement activity determines that the prison-made product to be furnished will meet the requirements of the procurement activity, timely performance of the contract can be reasonably expected, and the contract price does not exceed a current market price as established by the competition. Establishes provisions regarding: (1) contract performance by FPI; (2) finality of the contracting officer's decision; (3) reporting of purchases by Federal departments or agencies from FPI to the Federal Procurement Data System; and (4) publication and maintenance by FPI of a catalog of products and services that it is authorized to offer for sale. Sets forth provisions regarding proposed revisions to the Government-wide Federal Acquisition Regulation, publication of final regulations, and public participation in the process.

Federal Prison Industries Competition in Contracting Corrections Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Pediatric HIV/AIDS Prevention and Treatment Act''. SEC. 2. FINDINGS. Section 2 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (26 U.S.C. 7601) is amended-- (1) in paragraph (3), by adding at the end the following: ``(D) In 2007, the rate at which children accessed treatment failed to keep pace with new pediatric infections. While children account for almost 16 percent of all new HIV infections, they make up only 9 percent of those receiving treatment under this Act.''; (2) by amending paragraph (16) to read as follows: ``(16) Basic interventions to prevent new HIV infections and to bring care and treatment to people living with AIDS, such as voluntary counseling and testing, are achieving meaningful results and are cost-effective. The challenge is to expand these interventions to a national basis in a coherent and sustainable manner.''; and (3) by amending paragraph (20) to read as follows: ``(20) With no medical intervention, mothers infected with HIV have a 25 to 30 percent chance of passing the virus to their babies during pregnancy and childbirth. A simple and effective intervention can significantly reduce mother to child transmission of HIV. A single dose of an anti-retroviral drug given once to the mother at the onset of labor, and once to the baby during the first 3 days of life reduces transmission by approximately 50 percent. Other more complex drug regimens can further reduce transmission from mother-to-child. A dramatic expansion of access to prevention of mother-to-child transmission services is critical to preventing thousands of new pediatric HIV infections.''. SEC. 3. POLICY PLANNING AND COORDINATION. Section 101(b)(3) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611(b)(3)) is amended by adding at the end the following: ``(X) A description of the activities that will be conducted to achieve the targets described in paragraphs (1) and (2) of section 312(b).''. SEC. 4. BILATERAL EFFORTS. (a) Assistance To Combat HIV/AIDS.--Section 104A of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2) is amended-- (1) in subsection (d)(1)-- (A) by amending subparagraph (E) to read as follows: ``(E) assistance to-- ``(i) achieve the target described in section 312(b)(1) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003; and ``(ii) promote infant feeding options for HIV positive mothers that are consistent with the most recent infant feeding recommendations and guidelines supported by the World Health Organization;''; (B) in subparagraph (G), by striking ``and'' at the end; (C) in subparagraph (H), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(I) assistance to achieve the target described in section 312(b)(2) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.''; and (2) in subsection (e)(2)(C)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(v) the number of HIV-infected children currently receiving antiretroviral medications in each country under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.''. (b) Assistance to Children and Families.--Subtitle B of Title III of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7651 et seq.) is amended by striking sections 311 and 312 and inserting the following: ``SEC. 311. FINDINGS. ``Congress makes the following findings: ``(1) Every day, approximately 1,100 children around the world are infected with HIV, the vast majority through mother- to-child transmission during pregnancy, labor or delivery or soon after through breast-feeding. Approximately 90 percent of these infections occur in Africa. ``(2) With no medical intervention, mothers infected with HIV have a 25 to 30 percent chance of passing the virus to their babies during pregnancy and childbirth. A single dose of an anti-retroviral drug given once to the mother at the onset of labor, and once to the baby during the first 3 days of life reduces transmission by approximately 50 percent. ``(3) Providing the full range of interventions, as is the standard of care in the United States, could reduce the rate of mother-to-child transmission of HIV to as little as 2 percent. ``(4) Global coverage of services to prevent transmission from mother-to-child remains unacceptably low. The Joint United Nations Program on HIV/AIDS (UNAIDS) reports that fewer than 10 percent of pregnant women with HIV in resource-poor countries have access to prevention of mother-to-child transmission services. ``(5) Prevention of mother-to-child transmission programs provide health benefits for women and children beyond preventing the vertical transmission of HIV. They serve as an entry point for mothers to access treatment for their own HIV infection, allowing them to stay healthy and to care for their children. Efforts to connect and integrate prevention of mother-to-child transmission and HIV care, treatment and prevention programs are crucial to achieving improved outcomes for HIV-affected and HIV-infected women and families. ``(6) Access to comprehensive HIV prevention services must be drastically scaled-up among pregnant women infected with HIV and pregnant women not infected with HIV to further protect themselves and their partners against the sexual transmission of HIV/AIDS. ``(7) Preventing unintended pregnancy among HIV-infected women is recognized by the World Health Organization and the Office of the United States Global AIDS Coordinator to be an integral component of prevention of mother-to-child transmission programs. To further reduce infection rates, women accessing prevention of mother-to-child transmission services must have access to a range of high-quality family planning and reproductive health care, so they can make informed decisions about future pregnancies and contraception. ``(8) In 2007, the rate at which children were accessing treatment failed to keep pace with new pediatric infections. While children account for almost 16 percent of all new HIV infections, they make up only 9 percent of those on treatment under this Act. ``(9) Of the more than 2,500,000 people who were newly infected with HIV in 2007, more than 420,000 were children. ``(10) Without proper care and treatment, half of newly HIV-infected children will die before they reach 2 years of age, and 75 percent will die before 5 years of age. ``(11) Because children are not just small adults, providing HIV care and treatment presents special challenges, including-- ``(A) limited access to reliable HIV testing for the youngest children; ``(B) a shortage of providers trained in delivering pediatric care; ``(C) weak linkages between services to prevent mother-to-child transmission and care and treatment programs; and ``(D) the need for low-cost pediatric formulations of HIV/AIDS medications. ``SEC. 312. POLICY AND REQUIREMENTS. ``(a) Policy.-- ``(1) In general.--The United States Government's response to the global HIV/AIDS pandemic should place high priority on-- ``(A) the prevention of mother-to-child transmission of HIV/AIDS; and ``(B) the care and treatment of all children affected by HIV/AIDS, including children orphaned by AIDS. ``(2) Collaboration.--The United States Government should work in collaboration with foreign governments, donors, the private sector, nongovernmental organizations, and other key stakeholders. ``(b) Requirements.--The comprehensive, 5-year, global strategy required under section 101 shall-- ``(1) establish a target for prevention of mother-to-child transmission efforts that by 2013, in those countries most affected by HIV-- ``(A) 80 percent of pregnant women receive HIV counseling and testing; and ``(B) all of the pregnant women receiving HIV counseling and testing who test positive for HIV receive anti-retroviral medications for prevention of mother-to-child transmission of HIV; ``(2) establish a target requiring that by 2013, children account for at least 15 percent of those receiving treatment under this Act; ``(3) integrate prevention, care, and treatment with prevention of mother-to-child transmission programs, as soon as feasible and consistent with the national government policies of the foreign countries in which programs under this Act are administered, to improve outcomes for HIV-affected women and families and to promote follow-up and continuity of care; ``(4) expand programs designed to care for children orphaned by AIDS; and ``(5) develop a time line for expanding access to more effective mother-to-child transmission prevention regimens, consistent with the national government policies of the foreign countries in which programs under this Act are administered and the goal of moving towards universal use of such regimens as rapidly as possible. ``(c) Application of Requirements.--All strategic planning documents and bilateral funding agreements developed under the authority of the Office of the United States Global AIDS Coordinator, including country operating plans and any subsequent mechanisms through which funding under this Act is obligated, shall be consistent with, and in furtherance of, the requirements under subsection (b). ``(d) Prevention of Mother-to-Child Transmission Expert Panel.-- ``(1) Establishment.--The Coordinator of United States Government Activities to Combat HIV/AIDS Globally (referred to in this section as the `Coordinator') shall establish a panel of experts to be known as the Prevention of Mother to Child Transmission Panel (referred to in this section as the `Panel') to-- ``(A) provide an objective review of activities to prevent mother-to-child transmission of HIV that receive financial assistance under this Act; and ``(B) provide recommendations to the Coordinator and to the appropriate committees of Congress for scale-up of mother-to-child transmission prevention services under this Act in order to achieve the target established in subsection (b)(1). ``(2) Membership.--The Panel shall be convened and chaired by the Coordinator, who shall serve as a nonvoting member. The Panel shall consist of not more than 15 members (excluding the Coordinator), to be appointed by the Coordinator not later than 60 days after the date of the enactment of this Act, including-- ``(A) 2 members from the Department of Health and Human Services with expertise relating to the prevention of mother-to-child transmission activities; ``(B) 2 members from the United States Agency for International Development with expertise relating to the prevention of mother-to-child transmission activities; ``(C) 2 representatives from among health ministers of national governments of foreign countries in which programs under this Act are administered; ``(D) 3 members representing organizations implementing prevention of mother-to-child transmission activities under this Act; ``(E) 2 health care researchers with expertise relating to global HIV/AIDS activities; and ``(F) representatives from among patient advocate groups, health care professionals, persons living with HIV/AIDS, and non-governmental organizations with expertise relating to the prevention of mother-to-child transmission activities, giving priority to individuals in foreign countries in which programs under this Act are administered. ``(3) Duties of panel.--The Panel shall-- ``(A) review activities receiving financial assistance under this Act to prevent mother-to-child transmission of HIV and assess the effectiveness of current activities in reaching the target described in subsection (b)(1); ``(B) review scientific evidence related to the provision of mother-to-child transmission prevention services, including programmatic data and data from clinical trials; ``(C) review and assess ways in which the Office of the United States Global AIDS Coordinator and programs funded under this Act collaborate with international and multilateral entities on efforts to prevent mother- to-child transmission of HIV in affected countries; ``(D) identify barriers and challenges to increasing access to mother-to-child transmission prevention services and evaluate potential mechanisms to alleviate those barriers and challenges; ``(E) identify the extent to which stigma has hindered pregnant women from obtaining HIV counseling and testing or returning for results, and provide recommendations to address such stigma and its effects; ``(F) identify opportunities to improve linkages between mother-to-child transmission prevention services and care and treatment programs; ``(G) evaluate the adequacy of financial assistance provided under this Act for mother-to-child transmission of HIV prevention services; and ``(H) recommend levels of financial assistance and specific activities to facilitate reaching the target described in subsection (b)(1). ``(4) Report.-- ``(A) In general.--Not later than 14 months after the date of the enactment of this Act, the Panel shall submit a report containing a detailed statement of the recommendations, findings, and conclusions of the Panel to the appropriate congressional committees. ``(B) Availability.--The report submitted under subparagraph (A) shall be made available to the public. ``(C) Consideration by coordinator.--The Coordinator shall-- ``(i) consider any recommendations contained in the report submitted under subparagraph (A); and ``(ii) include in the annual report required under section 104A(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(e)) a description of the activities conducted in response to the recommendations made by the Panel and an explanation of any recommendations not implemented at the time of the report. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Panel such sums as may be necessary for each of the fiscal years 2009 through 2011 to carry out this section. ``(6) Termination.--The Panel shall terminate on the date that is 60 days after the date on which the Panel submits the report to Congress under paragraph (4).''. (c) Annual Report Elements.--Section 313(b)(2) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7653(b)(2)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(E) coordination and collaboration with governments, donors, the private sector, nongovernmental organizations, and other key stakeholders to achieve the target described in section 312(b)(1); and ``(F) the number of women offered and receiving the 4 components of a comprehensive strategy to prevent mother-to-child transmission of HIV, as recommended by the World Health Organization.''.

Global Pediatric HIV/AIDS Prevention and Treatment Act - States that the U.S. government's response to the global HIV/AIDS pandemic should place high priority on: (1) prevention of mother-to-child transmission of HIV/AIDS; and (2) care and treatment of all children affected by HIV/AIDS, including children orphaned by AIDS. Requires that the global strategy under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003: (1) establish a target for prevention of mother-to-child transmission efforts; (2) integrate prevention, care, and treatment with prevention of mother-to-child transmission programs; and (3) expand programs for children orphaned by AIDS. Directs the Coordinator of United States Government Activities to Combat HIV/AIDS Globally to establish the Prevention of Mother to Child Transmission Panel which shall: (1) review activities to prevent mother-to-child transmission of HIV that receive financial assistance under this Act; and (2) provide recommendations to the Coordinator and to the appropriate congressional committees for of mother-to-child transmission prevention services under this Act. Terminates the Panel 60 days after submission of a report required by this Act.

To amend the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Our Great Lakes Act of 2015''. SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT BRANDON ROAD LOCK AND DAM SITE, JOLIET, ILLINOIS. (a) Immediate Actions.-- (1) In general.--The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and any other applicable Federal agency shall take immediate actions to prevent the upstream transfer of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin through the Brandon Road Lock and Dam site. (2) Focus.--Actions under paragraph (1) shall place a special focus on Asian carp species and other aquatic nuisance species of concern to the Great Lakes as referenced in the Great Lakes Mississippi River Interbasin Study of the Army Corps of Engineers issued pursuant to section 1538 of Public Law 112-141 (126 Stat. 586). (b) Construction.-- (1) Required measures.--The Chief of Engineers shall implement measures to improve the Brandon Road Lock and Dam site to prevent the upstream transfer of Asian carp and other swimming aquatic nuisance species through the lock and dam, including-- (A) constructing an engineered channel in the approach to the site from the Mississippi River direction, as outlined in the report issued pursuant to section 1538 of Public Law 112-141 (126 Stat. 586); and (B) adding technologies and measures necessary for aquatic nuisance species control, while protecting the area's ecosystem to the greatest extent feasible. (2) Cost estimate and schedule.--Not later than 180 days after the date of enactment of this Act, the Chief of Engineers shall submit to Congress a cost estimate for, and schedule for completion of, measures to be constructed under this subsection. (c) Other Measures.--The Director of the United States Fish and Wildlife Service, in consultation with the Director of the United States Geological Survey, the Chief of Engineers, the Commandant of the United States Coast Guard, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall implement all appropriate measures in compliance with applicable State and Federal law around the Brandon Road Lock and Dam site on the Illinois River to prevent the upstream transfer of swimming and floating aquatic nuisance species, with a focus on Asian carp species, including-- (1) implementing existing Asian carp monitoring and control strategies at the Brandon Road site, as applicable, including real-time monitoring for aquatic nuisance species passing through by using relevant technology; (2) using the Brandon Road Lock and Dam site to the maximum extent practicable to test new aquatic nuisance species control technologies and measures; (3) implementing control strategies identified through that testing necessary to fulfill the objectives of this section, considering those strategies that minimize the negative impact on the river ecosystem and desirable aquatic native species, while maintaining efficient navigation; and (4) developing best management practices to mitigate aquatic nuisance species transfer by boat and barge operators on the Illinois River and Chicago Sanitary and Shipping Canal and working with operators to implement the practices. (d) Administration.-- (1) Acquisition of real estate.--The Chief of Engineers may only acquire real estate that is necessary to carry out this section and shall do so pursuant to the laws (including regulations) in existence at the time of the acquisition. (2) Cooperation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and-- (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Chicago Area Waterway System Advisory Committee; and (C) any other applicable State, regional, local, and international government entity. (3) Consultation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall consult with appropriate entities in the business, commerce, and environmental communities. SEC. 3. ACTIONS RELATED TO THE LONG-TERM PREVENTION OF AQUATIC NUISANCE SPECIES TRANSFER BETWEEN THE GREAT LAKES BASIN AND MISSISSIPPI RIVER BASIN. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and any other applicable Federal entity shall take actions for the long-term prevention of aquatic nuisance species between the Mississippi River basin and the Great Lakes basin, including transfer through the Chicago Area Waterway System. (b) Construction.--The Chief of Engineers shall coordinate with the Governor of Illinois, the City of Chicago, the Metropolitan Water Reclamation District of Greater Chicago, and other relevant entities to design, engineer, and construct flood mitigation and water quality measures on the Chicago Area Waterway System related to the prevention of the transfer of aquatic nuisance species between the Mississippi River basin and the Great Lakes basin, including transfer through the Chicago Area Waterway System. (c) Requirements.--In carrying out subsection (b), the Chief of Engineers shall-- (1) coordinate with the City of Chicago and the Metropolitan Water Reclamation District of Greater Chicago to combine infrastructure to the maximum extent practicable with the Tunnel and Reservoir Plan of the Metropolitan Water Reclamation District of Greater Chicago, and other relevant storm and sewer water infrastructure projects; (2) ensure flood mitigation in the vicinity of the Chicago Area Waterway System is improved and strengthen protections against flooding for residential and commercial neighborhoods; (3) ensure water quality is protected in the Great Lakes, the Chicago Waterway System, and the Mississippi River basin consistent with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) provide for continued commercial and recreational watercraft traffic on the Chicago Area Waterway System, and maintain efficient navigation; and (5) prioritize efforts to prevent the upstream and downstream transfer of aquatic nuisance species. (d) Administration.-- (1) Cooperation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and-- (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Chicago Area Waterway System Advisory Committee; and (C) any other applicable State, regional, local, and international government entity. (2) Consultation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall consult with appropriate entities in the business, commerce, and environmental communities. (3) Delegation.--In carrying out this section, the Chief of Engineers may delegate parts of the project to non-Federal entities subject to the availability of funding. (4) Identification of partners.--In carrying out this section, the Chief of Engineers shall work to identify non- Federal cost-share partners when applicable. (5) Acquisition of real estate.--The Chief of Engineers may only acquire real estate that is necessary to carry out this section and shall do so pursuant to the laws (including regulations) in existence at the time of the acquisition. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, and each year thereafter, the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress made, and a plan for further actions to be taken, under this section. (2) Public availability.--Reports under paragraph (1) shall be made available to the public through electronic means, including the Internet. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that there is an ongoing need to further examine and protect the tributaries and waterways located in other affected areas and States in the Great Lakes region, including at a minimum, the St. Croix River, the Minnesota River, the Wisconsin River, and the Ohio River, against the transfer of aquatic nuisance species.

Defending Our Great Lakes Act of 2015 This bill requires federal agencies to take immediate actions to prevent the upstream transfer of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin through the Brandon Road Lock and Dam site. The actions must place a special focus on Asian carp species and other aquatic nuisance species of concern to the Great Lakes referred to in the Great Lakes Mississippi River Interbasin Study conducted by the U.S. Army Corps of Engineers. The Army Corps must implement measures to improve the site to prevent the upstream transfer of Asian carp and other aquatic nuisance species swimming through the lock and dam, including by constructing an engineered channel in the approach to the site from the Mississippi River direction. The U.S. Fish and Wildlife Service must implement all appropriate measures around the site on the Illinois River to prevent the upstream transfer of swimming and floating aquatic nuisance species, with a focus on Asian carp species. Federal entities must take actions for the long-term prevention of the transfer of aquatic nuisance species between the Mississippi River and Great Lakes basins, including through the Chicago Area Waterway System. The Army Corps must design, engineer, and construct flood mitigation and water quality measures on the Chicago Area Waterway System related to preventing such transfer.

Defending Our Great Lakes Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Victims on Campus Act of 2012''. SEC. 2. DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting before the semicolon the following: ``, and making available to students and employees a list of the titles, in each department of the institution, of each individual who is a campus security authority to whom students and employees should report the criminal offenses described in subparagraph (F)''; and (B) in subparagraph (F)(i)-- (i) by striking ``and'' at the end of subclause (VIII); and (ii) by adding the following at the end: ``(X) criminal offenses involving minors; and''; (2) by repealing paragraph (2); (3) in paragraph (3)-- (A) by striking ``Each'' and inserting ``(A) Each''; (B) by inserting ``, that keeps confidential the personally identifiable information of victims,'' after ``that is timely''; and (C) by adding at the end the following: ``(B) In carrying out the requirements of subparagraph (A), an institution shall-- ``(i) designate an individual who is familiar with the requirements of this subsection to serve as a campus security authority coordinator to-- ``(I) oversee campus security authorities; ``(II) solicit and compile the crimes described in subparagraph (F) of paragraph (1) reported to such authorities for the purpose of including such information in the timely reports required under this paragraph; and ``(III) ensure that when a crime of violence (as defined in section 16 of title 18, United States Code) is reported to a campus security authority, the authority reports the crime to local law police agencies; ``(ii) establish policies or procedures for training campus security authorities and the campus security authority coordinator; and ``(iii) employ or designate an individual or other entity to conduct such training using the policies or procedures established under clause (ii), upon receiving approval from the Secretary for such individual or other entity to conduct such training.''; (4) in paragraph (13)-- (A) by striking ``Upon'' and inserting ``(A) Upon''; (B) by inserting ``which distinguishes between institutional neglect and intentional misrepresentation or withholding of information,'' after ``this subsection,''; (C) by inserting ``, except that the Secretary shall impose a larger civil penalty in the case of an institution of higher education determined to have intentionally violated this subsection, as compared to an institution of higher education that violated this subsection as a result of institutional neglect. An intentional violation of this subsection by an institution of higher education shall be subject to criminal prosecution'' after ``under section 487(c)(3)(B)''; and (D) by adding at the end the following: ``(B) Prior to making a determination described in subparagraph (A) with respect to an institution of higher education, the Secretary shall-- ``(i) conduct an investigation with respect to the institution; and ``(ii) provide the institution with a timeline of the investigation and a preliminary report that includes the reasons for conducting such investigation.''; and (5) in paragraph (17), before the period insert the following: ``or any individual because such individual provided information or made a complaint to a law enforcement agency relating to the implementation of any provision of this subsection, provided that the individual acted in good faith when providing such information or making such complaint''.

Protecting Victims on Campus Act of 2012 - Amends the Higher Education Act of 1965 to revise provisions that require each institution of higher education (IHE) participating in a title IV (Student Assistance) program to comply with certain crime reporting requirements. Requires IHEs to provide students and employees with a list of the titles, in each department of the IHE, of each individual who is a campus security authority to whom they should report specified criminal offenses. Includes criminal offenses involving minors that are reported to campus security authorities or the local police among the criminal offenses that are to be included in: (1) the annual campus security report provided to current and prospective students and employees, and (2) the timely reports to the campus community on crimes considered to be a threat to the community. Requires the personally identifiable information of victims to be kept confidential when IHEs are making timely reports to the campus community on crimes considered to be a threat to the community. Requires IHEs, in carrying out their obligation to make such timely reports, to: (1) designate an individual to serve as campus security authority coordinator, and (2) provide for the training of that coordinator and the campus security authorities. Directs the Secretary of Education, when imposing civil penalties on IHEs for substantial violations of the crime reporting requirements, to distinguish between IHEs that intentionally violated those requirements and those whose violations are attributable to institutional neglect. Requires the Secretary to provide each IHE that is to be investigated for violating such reporting requirements with a timeline of the investigation and a preliminary report that includes the reasons for the investigation.

To amend the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to provide further clarity for institutions of higher education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drought Information Act of 2013''. SEC. 2. REAUTHORIZATION OF NATIONAL INTEGRATED DROUGHT INFORMATION SYSTEM. (a) System Amendments.--Section 3 of the National Integrated Drought Information System Act of 2006 (15 U.S.C. 313d) is amended-- (1) in subsection (a)-- (A) by inserting ``and continue to support'' after ``establish''; and (B) by inserting before the period at the end the following: ``to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs''; and (2) by striking subsection (b) and inserting the following: ``(b) System Functions.--The National Integrated Drought Information System shall-- ``(1) provide an effective drought early warning system that-- ``(A) collects and integrates information on the key indicators of drought and drought impacts, including water supplies and soil moisture, in order to make usable, reliable, and timely forecasts of drought, including assessments of the severity of drought conditions and impacts; and ``(B) provides such information, forecasts, and assessments on both national and regional levels; ``(2) communicate drought forecasts, drought conditions, and drought impacts on an ongoing basis to stakeholders and entities engaged in drought planning, preparedness, and management, including-- ``(A) decisionmakers at the Federal, regional, State, tribal, and local levels of government; ``(B) the private sector; and ``(C) the public; ``(3) provide timely data, information, and products that reflect local, regional, and State differences in drought conditions; ``(4) coordinate, and integrate as practicable, Federal research and monitoring in support of a drought early warning system; ``(5) build upon existing Federal, State, regional, private, public, and academic forecasting and assessment programs and partnerships; and ``(6) continue ongoing research and monitoring activities related to drought, including research activities relating to length, severity, and impacts of drought and the role of extreme weather events and climate variability in drought.''. (b) Authorization of Appropriations.--Section 4 of such Act (15 U.S.C. 313d note) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) $12,000,000 for each of fiscal years 2014 through 2018.''. (c) Report.-- (1) In general.--Not later than 540 days after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the National Integrated Drought Information System. (2) Contents.--The report required by paragraph (1) shall include the following: (A) An assessment of the implementation of the National Integrated Drought Information System, including an assessment of how the information, forecasts, and assessments produced by such system are utilized in drought policy planning and response activities. (B) Specific plans for continued development of the system, including future milestones. (C) An identification of research, monitoring, and forecasting needs to enhance the predictive capability of drought early warnings that include-- (i) the length and severity of droughts; (ii) the contribution of weather events to reducing the severity or ending drought conditions; and (iii) regionally-specific drought impacts. (D) A list of partners with whom the Under Secretary collaborates to implement the National Integrated Drought Information System. (E) A description of the outreach activities conducted by the Under Secretary regarding the National Integrated Drought Information System. (3) Consultation.--In developing the report required by paragraph (1), the Under Secretary shall consult with relevant Federal, regional, State, tribal, and local government agencies, research institutions, and the private sector. Passed the Senate February 3, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 376 _______________________________________________________________________ AN ACT To reauthorize the National Integrated Drought Information System, and for other purposes.

Drought Information Act of 2013 - Amends the National Integrated Drought Information System Act of 2006 to specify that: (1) the Under Secretary of Commerce for Oceans and Atmosphere shall continue to support the National Integrated Drought Information System (NIDIS) Program, and (2) the program's purpose shall be to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs. Revises NIDIS functions to require the NIDIS to, among other things: (1) provide certain information (including concerning water supplies and soil moisture), forecasts, and assessments described in the Act on both national and regional levels; and (2) continue ongoing research and monitoring activities related to drought and the role of extreme weather events and climate variability in drought. Requires the Under Secretary to provide a report to Congress concerning the NIDIS Program that includes a list of partners with whom the Under Secretary collaborates on NIDIS implementation and a description of NIDIS outreach activities. Authorizes appropriations to carry out the Act through FY2018.

Drought Information Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Fairness Act of 1996''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. SECTION 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of such Act (42 U.S.C. 403 is amended by adding at the end the following new subsection: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.

Social Security Benefits Fairness Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month.

Social Security Benefits Fairness Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance Voting Rights Act of 2000''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most fundamental act performed by citizens in our great representative democracy. (2) Citizen participation in local, State, and Federal elections is the primary means to assure representation of many constituent groups in the political process. (3) More than 500,000 Americans who were convicted of felony crimes have served their entire sentence and stand free and clear of incarceration and parole. (4) It is the civic duty of every citizen of the United States to vote in any election in order to guarantee full and fair representation of all interests. (5) Allowing ex-offenders to vote restores them to their role as responsible citizens in this great country whose greatness is strengthened by the civic rehabilitation and participation of all nonvoting citizens. (6) The States of Alaska, Arkansas, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, West Virginia, and Wisconsin, and the District of Columbia, restore the right to vote automatically upon the completion of sentence, including parole. (7) The United States should ensure that the Federal voting rights of a person are restored upon the unconditional release of that person from prison and the completion of sentence, including parole. SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A CRIMINAL OFFENSE. (a) In General.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. (b) Applicability.--Subsection (a) shall apply to an individual convicted of a criminal offense upon the unconditional release of that individual from incarceration for that offense and the completion of sentence for that offense, including parole. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (2) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) State Laws.--Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Federal Laws.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).

Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements.

Second Chance Voting Rights Act of 2000

SECTION 1. EXCLUSION FROM INCOME OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more. ``(b) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse (during the 5-year period ending on the date of the sale or exchange) satisfied the holding and use requirements of subsection (a) with respect to such property, then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(5) Property used in part as principal residence.--In the case of property only a portion of which, during the 5-year period ending on the date of the sale or exchange, has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(6) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(7) Application of section 1033.--In applying section 1033 (relating to involuntary conversions), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to an election under this section. ``(8) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(9) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(c) Election to Have Section Not Apply.--If the taxpayer so elects with respect to any sale or exchange, this section shall not apply to such sale or exchange.'' (b) Repeal of Nonrecognition of Gain on Rollover of Principal Residence.--Section 1034 of such Code (relating to rollover of gain on sale of principal residence) is hereby repealed. (c) Clerical and Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``section 1034'' and inserting ``section 121'': sections 25(e)(7), 56(e)(1)(A), 56(e)(3)(B)(i), 143(i)(1)(C)(i)(I), 163(h)(4)(A)(i)(I), 280A(d)(4)(A), 464(f)(3)(B)(i), 1033(h)(4), 1274(c)(3)(B), 6334(a)(13), and 7872(f)(11)(A). (2) Paragraph (4) of section 32(c) of such Code is amended by striking ``(as defined in section 1034(h)(3))'' and by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `extended active duty' means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period.'' (3) Subparagraph (A) of 143(m)(6) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1997)'' after ``1034(e)''. (4) Subsection (e) of section 216 of such Code is amended by striking ``such exchange qualifies for nonrecognition of gain under section 1034(f)'' and inserting ``such dwelling unit is used as his principal residence (within the meaning of section 121)''. (5) Section 512(a)(3)(D) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of this parenthetical)'' after ``1034''. (6) Paragraph (7) of section 1016(a) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of this parenthetical)'' after ``1034'' and by inserting ``(as so in effect)'' after ``1034(e)''. (7) Paragraph (3) of section 1033(k) of such Code is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (8) Subsection (e) of section 1038 of such Code is amended to read as follows: ``(e) Principal Residences.--If-- ``(1) subsection (a) applies to a reacquisition of real property with respect to the sale of which gain was not recognized under section 121 (relating to gain on sale of principal residence); and ``(2) within 1 year after the date of the reacquisition of such property by the seller, such property is resold by him, then, under regulations prescribed by the Secretary, subsections (b), (c), and (d) of this section shall not apply to the reacquisition of such property and, for purposes of applying section 121, the resale of such property shall be treated as a part of the transaction constituting the original sale of such property.'' (9) Paragraph (7) of section 1223 of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of this parenthetical)'' after ``1034''. (10) Paragraph (7) of section 1250(d) of such Code is amended to read as follows: ``(7) Disposition of principal residence.--Subsection (a) shall not apply to a disposition of property to the extent used by the taxpayer as his principal residence (within the meaning of section 121, relating to gain on sale of principal residence).'' (11) Subsection (c) of section 6012 of such Code is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting ``(relating to gain from sale of principal residence)''. (12) Paragraph (2) of section 6212(c) of such Code is amended by striking subparagraph (C) and by redesignating the succeeding subparagraphs accordingly. (13) Section 6504 of such Code is amended by striking paragraph (4) and by redesignating the succeeding paragraphs accordingly. (14) The item relating to section 121 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended to read as follows: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (15) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1034. (d) Effective Date.--The amendments made by this section shall apply to sales and exchanges occurring after __________________.

Amends the Internal Revenue Code to exclude all gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least three years during the five-year period prior to sale or exchange. Sets forth special rules relating to: (1) jointly held property; (2) a deceased spouse; (3) a cooperative housing tenant-stockholder; (4) partial principal residence use; (5) determination of marital status; (6) acquisition after involuntary conversion; and (7) periods of out-of-residence health care.

To amend the Internal Revenue Code of 1986 to exclude from income capital gain from the sale of a principal residence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Solid Waste Importation and Management Act of 2005''. SEC. 2. CANADIAN MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. FOREIGN MUNICIPAL SOLID WASTE. ``(a) Definitions.--In this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099) and amended on November 25, 1992; and ``(B) any regulations promulgated and orders issued to implement and enforce that Agreement. ``(2) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste that is generated outside of the United States. ``(3) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means-- ``(i) material discarded for disposal by-- ``(I) households (including single and multifamily residences); and ``(II) public lodgings such as hotels and motels; and ``(ii) material discarded for disposal that was generated by commercial, institutional, and industrial sources, to the extent that the material-- ``(I)(aa) is essentially the same as material described in clause (i); or ``(bb) is collected and disposed of with material described in clause (i) as part of a normal municipal solid waste collection service; and ``(II) is not subject to regulation under subtitle C. ``(B) Inclusions.--The term `municipal solid waste' includes-- ``(i) appliances; ``(ii) clothing; ``(iii) consumer product packaging; ``(iv) cosmetics; ``(v) debris resulting from construction, remodeling, repair, or demolition of a structure; ``(vi) disposable diapers; ``(vii) food containers made of glass or metal; ``(viii) food waste; ``(ix) household hazardous waste; ``(x) office supplies; ``(xi) paper; and ``(xii) yard waste. ``(C) Exclusions.--The term `municipal solid waste' does not include-- ``(i) solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste; ``(ii) solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604, 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities contained in either of those sections; or ``(III) a corrective action taken under this Act; ``(iii) recyclable material-- ``(I) that has been separated, at the source of the material, from waste destined for disposal; or ``(II) that has been managed separately from waste destined for disposal, including scrap rubber to be used as a fuel source; ``(iv) a material or product returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible potential reuse; ``(v) solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility (which facility is in compliance with applicable State and local land use and zoning laws and regulations) or facility unit-- ``(aa) that is owned or operated by the generator of the waste; ``(bb) that is located on property owned by the generator of the waste or a company with which the generator is affiliated; or ``(cc) the capacity of which is contractually dedicated exclusively to a specific generator; ``(vi) medical waste that is segregated from or not mixed with solid waste; ``(vii) sewage sludge or residuals from a sewage treatment plant; ``(viii) combustion ash generated by a resource recovery facility or municipal incinerator; or ``(ix) waste from a manufacturing or processing (including pollution control) operation that is not essentially the same as waste normally generated by households. ``(b) Management of Foreign Municipal Solid Waste.-- ``(1) State action.-- ``(A) In general.--Except as provided in paragraph (2) and subject to subparagraph (B), until the date on which the Administrator promulgates regulations to implement and enforce the Agreement (including notice and consent provisions of the Agreement), a State may enact 1 or more laws, promulgate regulations, or issue orders imposing limitations on the receipt and disposal of foreign municipal solid waste within the State. ``(B) No effect on existing authority.--A State law, regulation, or order that is enacted, promulgated, or issued before the date on which the Administrator promulgates regulations under subparagraph (A)-- ``(i) may continue in effect after that date; and ``(ii) shall not be affected by the regulations promulgated by the Administrator. ``(2) Effect on interstate and foreign commerce.--No State action taken in accordance with this section shall be considered-- ``(A) to impose an undue burden on interstate or foreign commerce; or ``(B) to otherwise impair, restrain, or discriminate against interstate or foreign commerce. ``(3) Trade and treaty obligations.--Nothing in this section affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. ``(c) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the Agreement (including notice and consent provisions of the Agreement). ``(2) Regulations.--Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate final regulations with respect to the responsibilities of the Administrator under paragraph (1). ``(3) Consent to importation.--In considering whether to consent to the importation of Canadian municipal solid waste under article 3(c) of the Agreement, the Administrator shall-- ``(A) give substantial weight to the views of each State into which the foreign municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location at which the waste is to be disposed; ``(B) consider the impact of the importation on-- ``(i) continued public support for and adherence to State and local recycling programs; ``(ii) landfill capacity as provided in comprehensive waste management plans; ``(iii) air emissions from increased vehicular traffic; and ``(iv) road deterioration from increased vehicular traffic; and ``(C) consider the impact of the importation on-- ``(i) homeland security; ``(ii) public health; and ``(iii) the environment. ``(4) Actions in violation of the agreement.--No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. ``(d) Compliance Orders.-- ``(1) In general.--If, on the basis of any information, the Administrator determines that any person has violated or is in violation of this section, the Administrator may-- ``(A) issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both; or ``(B) commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Specificity.--Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. ``(3) Maximum amount of penalty.--Any penalty assessed in an order described in paragraph (1) shall not exceed $25,000 per day of noncompliance for each violation. ``(4) Penalty assessment.--In assessing a penalty under paragraph (1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(e) Public Hearing.-- ``(1) In general.--Any order issued under this section shall become final unless, not later than 30 days after the date on which the order is served, 1 or more persons named in the order request a public hearing. ``(2) Procedure for hearing.--The Administrator-- ``(A) shall promptly conduct a public hearing on receipt of a request under paragraph (1); ``(B) in connection with any proceeding under this section, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents; and ``(C) may promulgate rules for discovery procedures. ``(f) Violation of Compliance Orders.--If a violator fails to take corrective action within the time specified in a compliance order issued under this section, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.''. (b) Conforming Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following: ``Sec. 4011. Foreign municipal solid waste''.

International Solid Waste Importation and Management Act of 2005 - Amends the Solid Waste Disposal Act to authorize states to enact laws restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) promulgates regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada (Agreement). Defines the authority of the Administrator with respect to the importation and exportation of municipal solid waste under the Agreement. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) the continued public support for state and local recyling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment. Authorizes the Administrator to assess civil penalties for any past or current violations of this Act or to commence a civil action in the U.S. district court.

A bill to amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, to implement the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Carbon Capture and Sequestration Program Amendments Act of 2009''. SEC. 2. LARGE-SCALE CARBON STORAGE PROGRAM. (a) In General.--Subtitle F of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by inserting after section 963 (42 U.S.C. 16293) the following: ``SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM. ``(a) Definitions.--In this section: ``(1) Industrial source.--The term `industrial source' means any source of carbon dioxide that is not naturally occurring. ``(2) Large-scale.--The term `large-scale' means the injection of over 1,000,000 tons of carbon dioxide each year from industrial sources into a geological formation. ``(3) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and ``(B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). ``(b) Program.--In addition to the research, development, and demonstration program authorized by section 963, the Secretary shall carry out a program to demonstrate the commercial application of integrated systems for the capture, injection, monitoring, and long- term geological storage of carbon dioxide from industrial sources. ``(c) Authorized Assistance.--In carrying out the program, the Secretary may enter into cooperative agreements to provide financial and technical assistance to up to 10 demonstration projects. ``(d) Project Selection.--The Secretary shall competitively select recipients of cooperative agreements under this section from among applicants that-- ``(1) provide the Secretary with sufficient geological site information (including hydrogeological and geophysical information) to establish that the proposed geological storage unit is capable of long-term storage of the injected carbon dioxide, including-- ``(A) the location, extent, and storage capacity of the geological storage unit at the site into which the carbon dioxide will be injected; ``(B) the principal potential modes of geomechanical failure in the geological storage unit; ``(C) the ability of the geological storage unit to retain injected carbon dioxide; and ``(D) the measurement, monitoring, and verification requirements necessary to ensure adequate information on the operation of the geological storage unit during and after the injection of carbon dioxide; ``(2) possess the land or interests in land necessary for-- ``(A) the injection and storage of the carbon dioxide at the proposed geological storage unit; and ``(B) the closure, monitoring, and long-term stewardship of the geological storage unit; ``(3) possess or have a reasonable expectation of obtaining all necessary permits and authorizations under applicable Federal and State laws (including regulations); and ``(4) agree to comply with each requirement of subsection (e). ``(e) Terms and Conditions.--The Secretary shall condition receipt of financial assistance pursuant to a cooperative agreement under this section on the recipient agreeing to-- ``(1) comply with all applicable Federal and State laws (including regulations), including a certification by the appropriate regulatory authority that the project will comply with Federal and State requirements to protect drinking water supplies; ``(2) in the case of industrial sources subject to the Clean Air Act (42 U.S.C. 7401 et seq.), inject only carbon dioxide captured from industrial sources in compliance with that Act; ``(3) comply with all applicable construction and operating requirements for deep injection wells; ``(4) measure, monitor, and test to verify that carbon dioxide injected into the injection zone is not-- ``(A) escaping from or migrating beyond the confinement zone; or ``(B) endangering an underground source of drinking water; ``(5) comply with applicable well-plugging, postinjection site care, and site closure requirements, including-- ``(A)(i) maintaining financial assurances during the postinjection closure and monitoring phase until a certificate of closure is issued by the Secretary; and ``(ii) promptly undertaking remediation activities for any leak from the geological storage unit that would endanger public health or safety or natural resources; and ``(B) complying with subsection (f); ``(6) comply with applicable long-term care requirements; ``(7) maintain financial protection in a form and in an amount acceptable to-- ``(A) the Secretary; ``(B) the Secretary with jurisdiction over the land; and ``(C) the Administrator of the Environmental Protection Agency; and ``(8) provide the assurances described in section 963(d)(4)(B). ``(f) Postinjection Closure and Monitoring Elements.--In assessing whether a project complies with site closure requirements under subsection (e)(5), the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall determine whether the recipient of financial assistance has demonstrated continuous compliance with each of the following over a period of not less than 10 consecutive years after the plume of carbon dioxide has come into equilibrium with the geologic formation that comprises the geologic storage unit following the cessation of injection activities: ``(1) The estimated location and extent of the project footprint (including the detectable plume of carbon dioxide and the area of elevated pressure resulting from the project) has not substantially changed. ``(2) There is no leakage of either carbon dioxide or displaced fluid in the geologic storage unit that is endangering public health and safety, including underground sources of drinking water and natural resources. ``(3) The injected or displaced fluids are not expected to migrate in the future in a manner that encounters a potential leakage pathway. ``(4) The injection wells at the site completed into or through the injection zone or confining zone are plugged and abandoned in accordance with the applicable requirements of Federal or State law governing the wells. ``(g) Indemnification Agreements.-- ``(1) Definition of liability.--In this subsection, the term `liability' means any legal liability for-- ``(A) bodily injury, sickness, disease, or death; ``(B) loss of or damage to property, or loss of use of property; or ``(C) injury to or destruction or loss of natural resources, including fish, wildlife, and drinking water supplies. ``(2) Agreements.--The Secretary may agree to indemnify and hold harmless the recipient of a cooperative agreement under this section from liability arising out of or resulting from a demonstration project in excess of the amount of liability covered by financial protection maintained by the recipient under subsection (e)(7). ``(3) Exception for gross negligence and intentional misconduct.--Notwithstanding paragraph (1), the Secretary may not indemnify the recipient of a cooperative agreement under this section from liability arising out of conduct of a recipient that is grossly negligent or that constitutes intentional misconduct. ``(4) Collection of fees.-- ``(A) In general.--The Secretary shall collect a fee from any person with whom an agreement for indemnification is executed under this subsection in an amount that is equal to the net present value of payments made by the United States to cover liability under the indemnification agreement. ``(B) Amount.--The Secretary shall establish, by regulation, criteria for determining the amount of the fee, taking into account-- ``(i) the likelihood of an incident resulting in liability to the United States under the indemnification agreement; and ``(ii) other factors pertaining to the hazard of the indemnified project. ``(C) Use of fees.--Fees collected under this paragraph shall be deposited in the Treasury and credited to miscellaneous receipts. ``(5) Contracts in advance of appropriations.--The Secretary may enter into agreements of indemnification under this subsection in advance of appropriations and incur obligations without regard to section 1341 of title 31, United States Code (commonly known as the `Anti-Deficiency Act'), or section 11 of title 41, United States Code (commonly known as the `Adequacy of Appropriations Act'). ``(6) Conditions of agreements of indemnification.-- ``(A) In general.--An agreement of indemnification under this subsection may contain such terms as the Secretary considers appropriate to carry out the purposes of this section. ``(B) Administration.--The agreement shall provide that, if the Secretary makes a determination the United States will probably be required to make indemnity payments under the agreement, the Attorney General-- ``(i) shall collaborate with the recipient of an award under this subsection; and ``(ii) may-- ``(I) approve the payment of any claim under the agreement of indemnification; ``(II) appear on behalf of the recipient; ``(III) take charge of an action; and ``(IV) settle or defend an action. ``(C) Settlement of claims.-- ``(i) In general.--The Attorney General shall have final authority on behalf of the United States to settle or approve the settlement of any claim under this subsection on a fair and reasonable basis with due regard for the purposes of this subsection. ``(ii) Expenses.--The settlement shall not include expenses in connection with the claim incurred by the recipient. ``(h) Federal Land.-- ``(1) In general.--The Secretary concerned may authorize the siting of a project on Federal land under the jurisdiction of the Secretary concerned in a manner consistent with applicable laws and land management plans and subject to such terms and conditions as the Secretary concerned determines to be necessary. ``(2) Framework for geological carbon sequestration on public land.--In determining whether to authorize a project on Federal land, the Secretary concerned shall take into account the framework for geological carbon sequestration on public land prepared in accordance with section 714 of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1715). ``(i) Acceptance of Title and Long-Term Monitoring.-- ``(1) In general.--As a condition of a cooperative agreement under this section, the Secretary may accept title to, or transfer of administrative jurisdiction from another Federal agency over, any land or interest in land necessary for the monitoring, remediation, or long-term stewardship of a project site. ``(2) Long-term monitoring activities.--After accepting title to, or transfer of, a site closed in accordance with this section, the Secretary shall monitor the site and conduct any remediation activities to ensure the geological integrity of the site and prevent any endangerment of public health or safety. ``(3) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, such sums as are necessary to carry out paragraph (2).''. (b) Conforming Amendments.-- (1) Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended-- (A) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; (B) by inserting before subsection (b) (as so redesignated) the following: ``(a) Definitions.--In this section: ``(1) Industrial source.--The term `industrial source' means any source of carbon dioxide that is not naturally occurring. ``(2) Large-scale.--The term `large-scale' means the injection of over 1,000,000 tons of carbon dioxide from industrial sources over the lifetime of the project.''; (C) in subsection (b) (as so redesignated), by striking ``In General'' and inserting ``Program''; (D) in subsection (c) (as so redesignated), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (E) in subsection (d)(3) (as so redesignated), by striking subparagraph (D). (2) Sections 703(a)(3) and 704 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17251(a)(3), 17252) are amended by striking ``section 963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3))'' each place it appears and inserting ``section 963(d)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(d)(3))''. SEC. 3. TRAINING PROGRAM FOR STATE AGENCIES. (a) Establishment.--The Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall establish a program to provide grants for employee training purposes to State agencies involved in permitting, management, inspection, and oversight of carbon capture, transportation, and storage projects. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Energy to carry out this section $10,000,000 for each of fiscal years 2010 through 2020.

Department of Energy Carbon Capture and Sequestration Program Amendments Act of 2009 - Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to carry out a demonstration program for the commercial application of integrated systems for the capture, injection, monitoring, and long-term geological storage of carbon dioxide from industrial sources. Authorizes the Secretary to enter into cooperative agreements to provide financial and technical assistance to up to 10 demonstration projects. Sets forth requirements for demonstration projects relating to site safety, environmental protection and remediation, and site closure. Directs the Secretary of Energy to provide grants for training of state employees involved in permitting and management of carbon capture, transportation, and storage projects.

A bill to authorize the Secretary of Energy to carry out a program to demonstrate the commercial application of integrated systems for long-term geological storage of carbon dioxide, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Information Technology Act of 2011''. SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR BEHAVIORAL HEALTH AND MENTAL HEALTH AND SUBSTANCE ABUSE. Section 3000(3) of the Public Health Services Act (42 U.S.C. 300jj(3)) is amended by inserting ``a behavioral or mental health professional (as defined in section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric hospital (as defined in section 1861(f) of the Social Security Act), a community mental health center (as described in section 1913(b)(2)) (including community mental health centers that are operated by county behavioral health agencies), a residential mental health treatment facility, an outpatient mental health treatment facility, a substance abuse treatment facility,'' before ``and any other category''. SEC. 3. EXTENSION OF HEALTH INFORMATION TECHNOLOGY REGIONAL EXTENSION CENTERS. Section 3012(c)(4) of the Public Health Service Act (42 U.S.C. 300jj-32(c)(4)) is amended by adding at the end the following: ``(E) Community mental health centers (as described in section 1913(b)(2)), psychiatric hospitals (as defined in section 1861(f) of the Social Security Act), behavioral and mental health professionals (as defined in section 331(a)(3)(E)(i)), substance abuse professionals, residential mental health treatment facilities, outpatient mental health treatment facilities, and substance abuse treatment facilities, including such facilities operated, managed, or contracted for by a county behavioral health agency.''. SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY ASSISTANCE. (a) Payment Incentives for Eligible Professionals Under the Medicare Program.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (a)(7)(E), by amending clause (iii) to read as follows: ``(iii) Eligible professional.--The term `eligible professional' means any of the following: ``(I) A physician (as defined section 1861(r)). ``(II) A clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ``(III) A clinical social worker (as defined in section 1861(hh)(1)).''; and (2) in subsection (o)(5), by amending subparagraph (C) to read as follows: ``(C) Eligible professional.--The term `eligible professional' means any of the following: ``(i) A physician (as defined section 1861(r)). ``(ii) A clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ``(iii) A clinical social worker (as defined in section 1861(hh)(1)).''. (b) Eligible Hospitals.--Section 1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)) is amended-- (1) in paragraph (4)(A)(i), by inserting ``(or, beginning with fiscal year 2015, by one-quarter of such annual update (determined without regard to clause (i) or (ii) of paragraph (2)(A) or paragraph (5))'' after ``2 percentage points''; and (2) by adding at the end the following new paragraph: ``(5) Application of incentives and incentive market basket adjustment for adoption and meaningful use of certified ehr technology.--The provisions of subsections (n) and (b)(3)(B)(ix) shall apply to a psychiatric hospital (as defined in section 1861(f)) that furnishes inpatient hospital services with respect to a rate year beginning in a fiscal year in the same manner as such subsections apply to an eligible hospital (as defined in subsection (n)(6)(B)) with respect to such fiscal year (in accordance with rules prescribed by the Secretary).''. (c) Medicaid Providers.--Section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B)-- (i) in clause (i), by striking ``, or'' and inserting a semicolon; (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (iii) by adding after clause (ii) the following: ``(iii) a public hospital that is principally a psychiatric hospital (as defined in section 1861(f)); ``(iv) a private hospital that is principally a psychiatric hospital (as defined in section 1861(f)) and that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals who are receiving medical assistance under this title; ``(v) a community mental health center (as described in section 1913(b)(2) of the Public Health Service Act); ``(vi) a residential or outpatient mental health treatment facility that-- ``(I) is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other national accrediting agency recognized by the Secretary; and ``(II) has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals who are receiving medical assistance under this title; or ``(vii) a substance abuse treatment facility that-- ``(I) is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other national accrediting agency recognized by the Secretary; and ``(II) has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals who are receiving medical assistance under this title.''; and (B) in the flush matter at the end, by adding the following: ``For purposes of subparagraph (B), a hospital, facility, or mental health center described under such subparagraph shall include those operated or managed, directly or under contract, by a county behavioral health center.''; and (2) in paragraph (3)(B)-- (A) in clause (iv), by striking ``; and'' and inserting a semicolon; (B) in clause (v), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(vi) clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)), if such clinical psychologist is practicing in an outpatient setting that-- ``(I) is led by a clinical psychologist; and ``(II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B); and ``(vii) a clinical social worker (as defined in section 1861(hh)(1)), if such clinical social worker is practicing in an outpatient clinic that-- ``(I) is led by a clinical social worker; and ``(II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B).''.

Behavioral Health Information Technology Act of 2011 - Amends the Public Health Service Act to expand the definition of "health care provider" for purposes of health information technology provisions to include a behavioral or mental health professional, a substance abuse professional, a psychiatric hospital, a community mental health center, a residential or outpatient mental health treatment facility, and a substance abuse treatment facility. Adds community mental health centers, psychiatric hospitals, behavioral and mental health professionals, substance abuse professionals, residential or outpatient mental health treatment facilities, and substance abuse treatment facilities to the list of entities with priority for receiving direct assistance from regional extension centers to effectively adopt, implement, and utilize health information technology. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include qualified clinical psychologists, clinical social workers, psychiatric hospitals, community mental health centers, residential or outpatient mental health treatment facilities, and substance abuse treatment facilities within the health professionals, hospitals, and Medicaid providers eligible for incentive payments for the meaningful use of certified EHR technology. Applies Medicare hospital market basket adjustments for such incentives applicable to inpatient hospitals to psychiatric hospitals.

A bill to amend the Public Health Services Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Math and Science Teacher Recruitment Act of 2001''. SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by-- (1) redesignating section 428K (20 U.S.C. 1078-11) as section 428L; and (2) by inserting after section 428J the following new section: ``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 428J, in order to provide additional incentives for teachers of mathematics and science in middle and secondary schools to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who-- ``(A) is employed as a full-time teacher in grades 7 through 12, inclusive, as a teacher of mathematics or science, and has been so employed for not less than 3 consecutive complete school years; ``(B) had mathematics, life or physical sciences, technology, or engineering as an undergraduate academic major, or has a graduate degree in any such field, as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; ``(C) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(D) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall repay not more than-- ``(A) $2,500 for each complete school year of teaching described in subsection (b)(1)(A) (after the third or any succeeding such year); or ``(B) a total of $10,000. ``(2) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J, 460, or 460A. ``(h) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. (b) Direct Student Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 the following new section: ``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 460, in order to provide additional incentives for teachers of mathematics and science in middle and secondary schools to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall cancel the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(A) is employed as a full-time teacher in grades 7 through 12, inclusive, as a teacher of mathematics or science, and has been so employed for not less than 3 consecutive complete school years; ``(B) had mathematics, life or physical sciences, technology, or engineering as an undergraduate academic major, or has a graduate degree in any such field, as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; ``(C) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(D) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall cancel not more than-- ``(A) $2,500 for each complete school year of teaching described in subsection (b)(1)(A) (after the third or any succeeding such year); or ``(B) a total of $10,000. ``(2) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J, 428K, or 460. ``(h) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''.

Math and Science Teacher Recruitment Act of 2001 - Amends the Higher Education Act of 1965 to establish new programs of student guaranteed and direct loan forgiveness for middle and secondary school mathematics and science teachers in public or private nonprofit schools. Requires for eligibility: (1) at least three consecutive complete school years of such teaching; (2) an undergraduate or graduate degree in mathematics, life or physical sciences, technology, or engineering; and (3) State certification or license.

To expand the teacher loan forgiveness programs under the guaranteed and direct student loan programs for teachers of mathematics and science, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Remedy for Persistent Dumping Act of 2005''. SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT. (a) Change in Persistent Dumping Procedures.--Section 732(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) Initiation of expedited investigation.--An expedited antidumping duty investigation shall be initiated with respect to a particular class or kind of merchandise that is subject to an existing antidumping order within 20 days of the request of an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9), if the administering authority determines, from information available to it, that imports of such class or kind of merchandise have increased materially from an additional supplier country, as defined in subparagraph (C), during any 90- day period or during a longer period as determined by the administering authority to be appropriate. The request shall allege and present supporting information that such imports are occurring. The administering authority, in making a determination under this subparagraph, shall consider the public record of its investigation of imports of merchandise subject to the existing antidumping order.''; (2) by striking subparagraph (B) and inserting the following: ``(B) Increased materially.--The administering authority shall consider imports of merchandise from an additional supplier country to have increased materially if such imports have increased by 15 percent or more over the amount of such imports during a period of comparable duration preceding initiation of the antidumping investigation of imports of merchandise subject to the existing antidumping order.''; and (3) by striking subparagraph (D) and inserting the following: ``(D) Procedures and injury determinations for expedited investigations.-- ``(i) Except as provided in this subparagraph, the provisions of subsections (b)(3), (c)(4), (d), and (e) of this section, section 733 (b), (d), and (e), section 734 (a), (b), (c), (d), (e), (f), (i), (k), and (l), and section 735 (a), (c), (d), and (e) shall apply to expedited investigations under this paragraph. ``(ii) The administering authority shall issue a preliminary determination within 80 days of receiving a request for an investigation under subparagraph (A). ``(iii)(I) Not later than 45 days after the date on which the request under subparagraph (A) is received by the administering authority, the Commission shall determine if there is a reasonable indication of material injury or threat of material injury as prescribed in section 733(a)(1). ``(II) The Commission shall make a determination under this clause from reasonably available information (including the public record of its investigation of imports of merchandise subject to the existing antidumping order). ``(iv) If the Commission makes an affirmative determination that there is a reasonable indication of material injury and the administering authority makes an affirmative final determination, the Commission shall make a final determination under section 735(b)(1) before the later of-- ``(I) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under clause (ii); or ``(II) the 45th day after the day on which the administering authority makes its affirmative final determination under section 735(a). ``(v) An affirmative final determination shall not be made unless the Commission determines pursuant to the factors described in sections 735(b)(1) and 771(7) that an industry in the United States is materially injured, or threatened with material injury, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible.''. SEC. 3. REIMBURSEMENT OF DUTIES. Section 772(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting a comma; and (3) by adding at the end the following new subparagraphs: ``(C) an amount equal to the dumping margin calculated under section 771(35)(A), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any antidumping duties paid, and ``(D) an amount equal to the net countervailable subsidy calculated under section 771(6), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any countervailing duties paid.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico.

Expedited Remedy for Persistent Dumping Act of 2005 - Amends the Tariff Act of 1930 to revise requirements for monitoring cases of suspected persistent dumping to: (1) provide for an expedited antidumping investigation of merchandise from an additional supplier country if the Department of Commerce discerns imports of merchandise from the additional supplier country have increased by 15 percent or more during a period of 90 days or longer; and (2) establish Department of Commerce and International Trade Commission procedures and deadlines for making determinations as to whether or not dumping and injury have occurred. Adds specific conditions for reducing the price used to establish export price or "constructed export price," meaning the amount at which the merchandise is first sold or agreed to be sold in the United States by or for the producer or exporter. Applies this Act to Canada and Mexico under the North American Free Trade Agreement and the North American Free Trade Agreement Implementation Act.

A bill to amend the Tariff Act of 1930 to provide for an expedited antidumping investigation when imports increase materially from new suppliers after an antidumping order has been issued, and to amend the provision relating to adjustments to export price and constructed export price.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Guaranteed Credit Enhancement Act of 1993''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. General authorizations. Sec. 3. Authority to impose secondary market fees. Sec. 4. Penalties. Sec. 5. Authority to reduce loan guarantee percentages. Sec. 6. Study and report. Sec. 7. Repealer. Sec. 8. Microloan program amendments. Sec. 9. Small Business Development Center Program. Sec. 10. White House Conference on Small Business. Sec. 11. National Women's Business Council. SEC. 2. GENERAL AUTHORIZATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) in subsection (g)(2) by striking ``$7,030,000,000'' and by inserting in lieu thereof ``$7,155,000,000''; (2) in subsection (g)(2) by striking ``$775,000,000'' and by inserting in lieu thereof ``$900,000,000''; (3) in subsection (i)(2) by striking ``$8,083,000,000'' and by inserting in lieu thereof ``$8,458,000,000''; and (4) in subsection (i)(2) by striking ``$825,000,000'' and by inserting in lieu thereof ``$1,200,000,000''. SEC. 3. AUTHORITY TO IMPOSE SECONDARY MARKET FEES. (a) Additional Guarantee Fees.--Section 5(g) of the Small Business Act (15 U.S.C. 634) is amended by striking paragraph (4) and by inserting in lieu thereof the following: ``(4)(A) The Administration may collect the following fees for loan guarantees sold into the secondary market pursuant to the provisions of subsection (f): an amount equal to (A) not more than \4/10\ of one percent per year of the outstanding principal amount of the portion of such loan guaranteed by the Administration, and (B) not more than 50 percent of the portion of the sale price which is in excess of 110 percent of the outstanding principal amount of the portion of such loan guaranteed by the Administration. Any such fees imposed by the Administration shall be collected by the Administration or by the agent which carries out on behalf of the Administration the central registration functions required by subsection (h) of this section and shall be paid to the Administration and used solely to reduce the subsidy on loans guaranteed under section 7(a) of this Act: Provided, That such fees shall not be charged to the borrower whose loan is guaranteed: and, Provided further, That nothing herein shall preclude any agent of the Administration from collecting a fee approved by the Administration for the functions described in subsection (h)(2). ``(B) The Administration is authorized to impose and collect, either directly or through a fiscal and transfer agent, a reasonable penalty on late payments of the fee authorized under subparagraph (A) in an amount not to exceed 5 percent of such fee per month plus interest.''. (b) Any new fees imposed by the Administration pursuant to the authority conferred by subsection (a) shall be applicable only to loans initially sold in the secondary market pursuant to the provisions of section 5(f) of the Small Business Act after August 31, 1993. SEC. 4. PENALTIES. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(22) The Administration is authorized to permit participating lenders to impose and collect a reasonable penalty fee on late payments of loans guaranteed under this subsection in an amount not to exceed 5 percent of the monthly loan payment per month plus interest.''. SEC. 5. AUTHORITY TO REDUCE LOAN GUARANTEE PERCENTAGES. (a) Guarantee Percentages.--Section 7(a)(2) of the Small Business Act (15 U.S.C. 636) is amended-- (1) by striking from the end of clause (B)(i) the word ``and'' and by redesignating clause (B)(ii) as (B)(iv) and by inserting the following after clause (B)(i): ``(ii) not less than 75 percent of the financing outstanding at the time of disbursement, if such financing is more than $155,000 and the period of maturity of such financing is more than 10 years, except that the participation by the Administration may be reduced below 75 percent upon request of the participating lender; ``(iii) not less than 85 percent of the financing outstanding at the time of disbursement, if such financing is more than $155,000 and the period of maturity of such financing is 10 years or less, except that the participation by the Administration may be reduced below 85 percent upon request of the participating lender; and''; (2) by striking the words ``85 percent under subparagraph (B)'' and by inserting in lieu thereof the following: ``the above specified percentums''; (3) by striking from paragraph (B) the words ``not less than 80 percent, except upon'' and by inserting in lieu thereof the following: ``not less than 70 percent, unless a lesser percent is required by clause (B)(ii) or upon the''; and (4) by inserting after the third sentence the following: ``The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, which is made applicable to other loan guarantees under section 7(a).''. (b) Application.--Notwithstanding any other provision of law, the amendments made by subsection (a) shall be effective September 1, 1993, but shall not be applicable to loan guarantee applications received by the Administration prior to August 21, 1993. In order to determine the percent of the loan to be guaranteed pursuant to the amendments made by subsection (a), the Administration shall aggregate the outstanding guaranteed principal of multiple loan guarantees issued on behalf of the same borrower. SEC. 6. STUDY AND REPORT. The Administration shall study, monitor and evaluate the impact of the amendments made by sections 3 and 5 of this Act on the ability of small business concerns and small business concerns owned and controlled by minorities and women, to obtain financing and the impact of such sections on the effectiveness, viability and growth of the secondary market authorized by section 5(f) of the Small Business Act. Not later than 16 months after the date of enactment, and annually thereafter, the Administration shall submit to the Committees on Small Business of the Senate and the House of Representatives a report containing the Administration's findings and recommendations on such impact, specifically including changes in the interest rates on financings provided to small business concerns and small business concerns owned and controlled by minorities and women, through the use of the secondary market. The Administration shall segregate such findings and recommendations in the study according to the ethnic and gender components in these categories. Solely for the purposes of the study authorized herein, the term ``small business concerns owned and controlled by minorities'', includes businesses owned and controlled by individuals belonging to one of the designated groups listed in section 8(d)(3)(C) of the Small Business Act. SEC. 7. REPEALER. Sections 3 and 5 of this Act are hereby repealed on September 30, 1996. SEC. 8. MICROLOAN PROGRAM AMENDMENTS. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (1)(B)(iii), by striking ``$15,000'' and inserting ``$25,000''; (2) in paragraph (5)(A), by striking ``6 grants'' and inserting ``25 grants for terms of up to 5 years''; and (3) in paragraph (9)(B) by striking ``3 percent'' and inserting ``7 percent''. SEC. 9. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM. (a) Clearinghouse.--Section 21(c)(7) of the Small Business Act (15 U.S.C. 648) is amended by striking ``system which will'' and by inserting in lieu thereof the following: ``system. Subject to amounts approved in advance in appropriations Acts, the Administration may make grants or enter cooperative agreements with one or more centers to carry out the provisions of this paragraph. Said grants or cooperative agreements shall be awarded for periods of no more than five years duration. The matching funds provisions of subsection (a) shall not be applicable to grants or cooperative agreements under this paragraph. The system shall''. (b) Authorization.--Section 25(i) of the Small Business Act (15 U.S.C. 652) is amended by striking ``$8,000,000 for fiscal year 1993'' and by inserting in lieu thereof ``$2,000,000 for each of fiscal years 1993 and 1994''. (c) Regulations.--Section 223 of the Small Business Credit and Business Opportunity Enhancement Act of 1992 (15 U.S.C. 631 note) is amended by striking the last sentence of subsection (b). SEC. 10. WHITE HOUSE CONFERENCE ON SMALL BUSINESS. The White House Conference on Small Business Authorization Act (15 U.S.C. 631 note) is amended-- (1) in section 2 by striking from subsection (a) ``not earlier than January 1, 1994, and not later than April 1, 1994'' and by inserting in lieu thereof ``not earlier than May 1, 1995, and not later than September 30, 1995''; (2) in section 2 by striking from subsection (a) ``December 1, 1992'' and by inserting in lieu thereof ``March 1, 1994''; and (3) in section 5 by striking the second sentence of subsection (a) and by inserting in lieu thereof the following: ``Subsequent to the date of enactment of this Act, but not later than 30 days after the date of enactment of this Act, the President shall select and appoint eleven individuals to the Commission.''. SEC. 11. NATIONAL WOMEN'S BUSINESS COUNCIL. Section 407 of the Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended to read as follows: ``SEC. 407. AUTHORIZATION. ``(a) In General.--There are authorized to be appropriated to carry out this title-- ``(1) $500,000 for fiscal year 1993; and ``(2) $500,000 for fiscal year 1994. ``(b) Limitation on Authority.--New spending authority or authority to enter into contracts as authorized in this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. ``(c) Sunset.--This section shall cease to be effective on November 30, 1995.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Small Business Guaranteed Credit Enhancement Act of 1993 - Amends the Small Business Act (the Act) to increase the FY 1993 and 1994 authorizations of appropriations for loans to State and local development companies for community business development programs. Authorizes the Small Business Administration (SBA) to: (1) collect additional fees after August 31, 1995, on loans made under the Act which are sold on the secondary market; (2) permit participating lenders to charge a late fee to loan borrowers who fail to make timely payments; and (3) reduce the maximum loan guarantees on real estate loans above $155,000 and on loans made under the Preferred Lenders Program. Directs the SBA to study and report to the Congress on the effect of the SBA's authority to impose secondary market fees and to reduce loan guarantee percentages on the ability of small businesses; including minority- and woman-owned small businesses, to obtain financing and the viability of the secondary market in SBA guaranteed loans. Terminates the SBA's authority to impose such fees and reduce such percentages as of FY 1996. Makes the following revisions with respect to the Microloan Demonstration Program (the provision of loans and grants to startup, newly established, or growing small businesses): (1) increases from $15,000 to $25,000 the maximum loan which may be guaranteed by an intermediary; (2) increases the maximum grant amounts to such intermediaries for such purpose; and (3) increases from three to seven percent the maximum appropriated amount which may be used for training purposes. Authorizes the SBA to make grants or enter into cooperative arrangements in order to carry out the Small Business Development Center Program. Extends the authorization of appropriations for such Program through FY 1994. Strikes a provision prohibiting regulations concerning the Program from being printed in the Federal Register. Revises the dates of conferences to be held by the National White House Conference on Small Business. Extends through FY 1994 the authorization of appropriations for the National Women's Business Council and terminates the Council on November 30, 1995.

Small Business Guaranteed Credit Enhancement Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Responding to Urgent needs of Survivors of the Holocaust Act'' or the ``RUSH Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS Subtitle A--Definition, Grants, and Other Programs Sec. 101. Definition. Sec. 102. Organization. Sec. 103. Area plans. Sec. 104. State plans. Sec. 105. Consumer contributions. Sec. 106. Program authorized. Sec. 107. Prevention of elder abuse, neglect, and exploitation. Subtitle B--Activities for Health, Independence, and Longevity Sec. 111. Innovation to improve transportation for older individuals who are Holocaust survivors. Subtitle C--Functions Within Administration for Community Living to Assist Holocaust Survivors Sec. 121. Designation of individual within the Administration. Sec. 122. Annual report to congress. TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS Sec. 201. Nutrition services. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to include ``older individuals who are Holocaust survivors'' to the list of groups that receive preference for services as defined in section 305(a)(2)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(E)); (2) to designate within the Administration on Aging an individual to have responsibility for older individuals who are Holocaust survivors; and (3) to create a grant program to increase and improve transportation services for older individuals, with preference to those older individuals who are Holocaust survivors. SEC. 3. FINDINGS. Congress finds the following: (1) During the Holocaust, which took place between 1933 and 1945, an estimated 6,000,000 Jews, as well as millions from other targeted groups, were murdered by the Nazis and their collaborators. (2) Approximately 127,000 Holocaust survivors remain in the United States, and thousands pass away each year. (3) Holocaust survivors are getting older and frailer, and will be seeking additional support and assistance from social service providers to enable them to age in place. Providers face increased levels of demand from vulnerable individuals without any additional revenue to cover needed services. (4) All Holocaust survivors are at least 65 years old, with approximately \3/4\ of them older than 75 and a majority in their 80s and 90s. (5) More than half of all Holocaust survivors who emigrated to the United States from the former Soviet Union after 1965 fell beneath 200 percent of the Federal poverty threshold in 2010 and constitute an extremely vulnerable at-risk population in the United States. (6) Holocaust survivors continue to live with the mental and physical scars of the unconscionable trauma caused by the Holocaust. (7) While institutionalized settings are beneficial for some older people, long-term care facilities can have an adverse effect on Holocaust survivors. For many Holocaust survivors, institutionalized settings reintroduce sights, sounds, smells, emotions, and routines which can induce panic, anxiety, and re-traumatization as a result of experiences resulting from the Holocaust. (8) Approximately \2/3\ of Holocaust survivors live alone and living alone is a risk factor for institutionalization. (9) Low-income Holocaust survivors are more reliant on social service programs than most other older Americans, with proportionally more Holocaust survivors needing services such as personal care, home-delivered and congregate meals, transportation, counseling, and mental health support. TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS Subtitle A--Definition, Grants, and Other Programs SEC. 101. DEFINITION. Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended-- (1) in paragraph (24)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) status as a Holocaust survivor.''; (2) by redesignating paragraphs (26) through (54) as paragraphs (27) through (55); and (3) by inserting after paragraph (25) the following: ``(26) The term `Holocaust survivor' means an individual who-- ``(A)(i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or ``(ii) fled from a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; ``(B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and ``(C) was a member of a group that was persecuted by the Nazis.''. SEC. 102. ORGANIZATION. Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended-- (1) in paragraph (1)(E), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears; and (2) in paragraph (2)(E), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 103. AREA PLANS. Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears; (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i)(I)(bb), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''; and (II) in clause (ii), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,'' each place it appears; (ii) in subparagraph (B)(i)-- (I) in subclause (VI), by striking ``and'' at the end; and (II) by inserting after subclause (VII) the following: ``(VIII) older individuals who are Holocaust survivors; and''; and (iii) in subparagraph (B)(ii), by striking ``subclauses (I) through (VI)'' and inserting ``subclauses (I) through (VIII)''; and (C) in paragraph (7)(B)(iii), by inserting ``, in particular, older individuals who are Holocaust survivors,'' after ``placement''; and (2) in subsection (b)(2)(B), by inserting ``older individuals who are Holocaust survivors,'' after ``areas,''. SEC. 104. STATE PLANS. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (1) in paragraph (4), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''; (2) in paragraph (16)-- (A) in subparagraph (A)-- (i) in clause (v), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(vii) older individuals who are Holocaust survivors; and''; and (B) in subparagraph (B), by striking ``clauses (i) through (vi)'' and inserting ``clauses (i) through (vii)''; and (3) in paragraph (28)(B)(ii), by inserting ``older individuals who are Holocaust survivors,'' after ``areas,''. SEC. 105. CONSUMER CONTRIBUTIONS. Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended-- (1) in subsection (c)(2), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''; and (2) in subsection (d), by inserting ``older individuals who are Holocaust survivors,'' after ``proficiency,''. SEC. 106. PROGRAM AUTHORIZED. Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(c)(2)(A)) is amended by striking ``individuals)'' inserting ``individuals and older individuals who are Holocaust survivors)''. SEC. 107. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)(12)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) older individuals who are Holocaust survivors.''. Subtitle B--Activities for Health, Independence, and Longevity SEC. 111. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS WHO ARE HOLOCAUST SURVIVORS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS WHO ARE HOLOCAUST SURVIVORS. ``(a) In General.--The Assistant Secretary shall award grants or contracts to nonprofit organizations to increase and improve transportation services, including affordable non-emergency transportation to medical appointments and shopping for food and other essential items, to enable older individuals to remain in the community, with preference toward those older individuals who are Holocaust survivors. The Assistant Secretary shall make grants or enter into such contracts for period of not less than 5 years. ``(b) Use of Funds.-- ``(1) In general.--A nonprofit organization receiving a grant or contract under subsection (a) shall use the funds received through such grant or contract to carry out a demonstration project, or to provide technical assistance to assist local transit providers, area agencies on aging, senior centers, and local senior support groups, to encourage and facilitate coordination of Federal, State, and local transportation services and resources for older individuals who are Holocaust survivors. The organization may use the funds to develop and carry out an innovative transportation demonstration project to create transportation services for older individuals. ``(2) Specific activities.--In carrying out a demonstration project or providing technical assistance under paragraph (1) the organization may carry out activities that include-- ``(A) developing innovative approaches for improving access by older individuals to transportation services, including volunteer driver programs, economically sustainable transportation programs, and programs that allow older individuals to transfer their automobiles to a provider of transportation services in exchange for the services; ``(B) preparing information on transportation options and resources for older individuals and organizations serving such individuals, and disseminating the information by establishing and operating a toll-free telephone number; ``(C) developing models and best practices for providing comprehensive integrated transportation services for older individuals, including services administered by the Secretary of Transportation, by providing ongoing technical assistance to agencies providing services under title III and by assisting in coordination of public and community transportation services; and ``(D) providing special services to link older individuals to transportation services not provided under title III. ``(c) Preference.--In awarding grants and entering into contracts under subsection (a), the Assistant Secretary shall give preference to organizations and institutions that have previous extensive experience working with and conducting assessment of the needs of Holocaust survivors who are older individuals. ``(d) Consultation.--In determining the type of programs and activities used to improve and increase transportation assistance for Holocaust survivors, the Assistant Secretary shall consult with the individual designated under section 122 of the Responding to Urgent needs of Survivors of the Holocaust Act and with national organizations with special expertise in serving Holocaust survivors who are older individuals. ``(e) Eligible Entities.--To be eligible to receive a grant or enter into a contract under subsection (a), an entity shall have previous extensive experience working with and conducting assessment of the needs of older individuals.''. Subtitle C--Functions Within Administration for Community Living to Assist Holocaust Survivors SEC. 121. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION. The Administrator for Community Living is authorized to designate within the Administration for Community Living a person who has specialized training, background, or experience with Holocaust survivor issues to have responsibility for implementing services for older individuals who are Holocaust survivors. SEC. 122. ANNUAL REPORT TO CONGRESS. The Administrator for Community Living, with assistance from the individual designated under section 121, shall prepare and submit to Congress an annual report on the status and needs, including the priority areas of concern, of older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are Holocaust survivors. TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS SEC. 201. NUTRITION SERVICES. (a) In General.--Section 339(2) of the Older Americans Act of 1065 (42 U.S.C. 3030g-21(2)) is amended-- (1) in subparagraph (A), by amending clause (iii) to read as follows: ``(iii) to the maximum extent practicable, are adjusted and appropriately funded to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements,''; (2) in subparagraph (J), by striking ``, and'' and inserting a comma; (3) in subparagraph (K), by striking the period and inserting ``, and''; and (4) by adding at the end the following: ``(L) encourages individuals who distribute nutrition services under subpart 2 to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury or abuse in order to reduce isolation and promote wellbeing.''. (b) Study of Nutrition Projects.--Section 317(a)(2) of the Older Americans Act Amendments of 2006 (Public Law 106-365) is amended-- (1) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) an analysis of service providers' abilities to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration.''.

Responding to Urgent Needs of Survivors of the Holocaust Act or RUSH Act - Amends the Older Americans Act of 1965 to: (1) include specifically within its purview older Americans who are Holocaust survivors; (2) direct the Assistant Secretary for Aging of the Department of Health and Human Services (HHS) to award grants or contracts to nonprofit organizations to increase and improve transportation services to enable older individuals to remain in the community, with preference for Holocaust survivors; (3) authorize the Administrator for Community Living to designate, within the HHS Administration for Community Living, a person with specialized training, background, or experience with issues of Holocaust survivors to implement services for them; (3) require state nutrition projects to ensure that project meals meet the dietary needs of program participants based on religious, cultural, or ethnic requirements; and (4) require a state nutrition project to encourage individuals who distribute nutrition services to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote wellbeing. Amends the Older Americans Act Amendments of 2006 to require the study of nutrition projects to analyze the abilities of service providers to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration.

A bill to amend the Older Americans Act of 1965 to provide social services agencies with the resources to provide services to meet the unique needs of the Holocaust survivors to age in place with dignity, comfort, security, and quality of life.

SECTION 1. AMENDMENTS TO THE CENTRAL UTAH PROJECT COMPLETION ACT. (a) Treatment of Investigation Costs.--Section 201(b) of the Central Utah Project Completion Act (106 Stat. 4607) is amended following paragraph (2) by inserting the following: ``All amounts previously expended in planning and developing the projects and features described in this subsection including amounts previously expended for investigation of power features in the Bonneville Unit shall be considered non-reimbursable and non-returnable.''. (b) Clarification of Secretarial Responsibilities.--Section 201(e) of the Central Utah Project Completion Act (106 Stat. 4608) is amended-- (1) in the first sentence-- (A) by striking ``identified in this Act'' and inserting ``identified in this title and the Act of April 11, 1956 (chapter 203; 70 Stat. 110 et seq.), popularly known as the Colorado River Storage Project Act,''; (B) by inserting ``relating to the Bonneville Unit of the Central Utah Project including oversight for all phases of the Bonneville Unit, the administration of all prior and future contracts, operation and maintenance of previously constructed facilities'' before ``and may not delegate''; (C) by striking ``his responsibilities under this Act'' and inserting ``such responsibilities''; and (D) by striking the period after ``Reclamation'' and inserting: ``, except through the pilot management program hereby authorized. The pilot management program will exist for a period not to exceed 5 years and shall provide a mechanism for the Secretary and the District to create a mutually acceptable organization within the Bureau of Reclamation to assist the Secretary in his responsibilities for the long-term management of the Bonneville Unit. Such pilot management program may be extended indefinitely by mutual agreement between the Secretary and the District.''; (2) in the second sentence-- (A) by inserting ``technical'' before ``services''; and (B) by inserting ``for engineering and construction work'' before ``on any project features''; and (3) by inserting at the end thereof the following new sentence: ``These provisions shall not affect the responsibilities of the Bureau of Reclamation and the Western Area Power Administration regarding all matters relating to all Colorado River Storage Project power functions, including all matters affecting the use of power revenues, power rates and ratemaking.''. (c) Municipal and Industrial Water.--Section 202(a)(1)(B) of the Central Utah Project Completion Act (106 Stat. 4608) is amended in the last sentence by inserting ``and municipal and industrial water'' after the word ``basin''. (d) Use of Unexpended Budget Authority.--Section 202(c) of the Central Utah Project Completion Act (106 Stat. 4611) is amended to read as follows: ``The Secretary is authorized to utilize all unexpended budget authority for units of the Central Utah Project up to $300,000,000 and the balance of such budget authority in excess of this amount is deauthorized. Such $300,000,000 may be used to provide 65 percent Federal share pursuant to section 204, to acquire water and water rights for project purposes including instream flows, to complete project facilities authorized in this title and title III, to implement water conservation measures under section 207, including use of reverse osmosis membrane technologies, water recycling, and conjunctive use, to stabilize high mountain lakes and appurtenant facilities, to develop power, and for other purposes. In addition, funds may be provided by the Commission for fish and wildlife purposes. The District shall comply with the provisions of sections 202(a)(1), 205(b), and Title VI with respect to the features to be provided for in this subsection.''. (e) Prepayment of repayment.--Section 210 of the Central Utah Project Completion Act (106 Stat. 4624) is amended-- (1) in the second sentence-- (A) by inserting ``or any additional or supplemental repayment contract'' after ``1985,''; and (B) by inserting ``of the Central Utah Project'' after ``water delivery facilities''; and (2) by striking ``The District shall exercise'' and all that follows through the end of that sentence. SEC. 2. USE OF PROJECT FACILITIES FOR NONPROJECT WATER. The Secretary of the Interior may enter into contracts with the Provo River Water Users Association or any of its member unit contractors for water from Provo River, Utah, under the Act of February 21, 1911 (43 U.S.C. 523), for-- (1) the impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, using facilities associated with the Provo River Project, Utah; and (2) the exchange of water among Provo River Project contractors, for the purposes set forth in paragraph (1), using facilities associated with the Provo River Project, Utah. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Amends the Central Utah Project Completion Act to require all amounts previously expended in planning and developing specified Utah reclamation projects and features, including amounts previously expended for investigation of power features in the Bonneville Unit, to be considered non-reimbursable and non-returnable; (2) require the Secretary of the Interior to carry out responsibilities identified in such Act and the Colorado River Storage Project Act relating to the Bonneville Unit of Central Utah Project, including oversight for all phases of the Unit, administration of prior and future contracts, and operation and maintenance of previously constructed facilities; (3) authorize a pilot management program that shall provide a mechanism for the Secretary and the Central Utah Water Conservancy District to create an organization within the Bureau of Reclamation to assist the Secretary in long-term management responsibilities of the Bonneville Unit; and (4) authorize the Secretary to use Bureau technical services for engineering and construction work on any project features.Authorizes the Secretary to utilize up to $300,000 of all unexpended budget authority for Project units. Deauthorizes the balance in excess of this amount. Allows such amount to be used to provide 65 percent of the Federal share pursuant to the Act to acquire water and water rights for project purposes (including instream flows), to complete specified project facilities, to implement water conservation measures relating to the Project (including the use of reverse osmosis membrane technologies, water recycling, and conjunctive use), to stabilize high mountain lakes and appurtenant facilities, and to develop power.Directs the Secretary to allow for prepayment of any additional or supplemental contracts providing for repayment of Project municipal and industrial water delivery facilities. Repeals a requirement that the District exercise of its prepayment rights by the end of FY 2002.(Sec. 2) Authorizes the Secretary to enter into contracts with the Provo River Water Users Association or any of its member unit contractors for water from Provo River in Utah for: (1) the impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, using facilities associated with the Provo River Project; and (2) the exchange of water among Provo River Project contractors for such purposes using those facilities.

To amend the Central Utah Project Completion Act to clarify the responsibilities of the Secretary of the Interior with respect to the Central Utah Project, to redirect unexpended budget authority for the Central Utah Project for wastewater treatment and reuse and other purposes, to provide for prepayment of repayment contracts for municipal and industrial water delivery facilities, and to eliminate a deadline for such prepayment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Attorney Fee Payment System Improvement Act of 2002''. SEC. 2. CAP ON ATTORNEY ASSESSMENTS. (a) In General.--Section 206(d)(2)(A) of the Social Security Act (42 U.S.C. 406(d)(2)(A)) is amended by inserting ``, except that the maximum amount of the assessment may not exceed $75'' after ``subparagraph (B)''. (b) Effective Date.--The amendment made by this section shall apply with respect to fees for representation of claimants which are first required to be certified or paid under section 206 of the Social Security Act (42 U.S.C. 406) on or after the first day of the first month that begins after 120 days after the date of enactment of this Act. SEC. 3. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS. (a) In General.--Section 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i)-- (A) by striking ``section 206(a)'' and inserting ``section 206''; (B) by striking ``(other than paragraph (4) thereof)'' and inserting ``(other than subsections (a)(4) and (d) thereof); and (C) by striking ``paragraph (2) thereof'' and inserting ``such section''; (2) in subparagraph (A)(i), by striking ``in subparagraphs (A)(ii)(I) and (C)(i),'' and inserting ``in subparagraphs (A)(ii)(I) and (D)(i) of subsection (a)(2)'', and by striking ``and'' at the end; (3) by striking subparagraph (A)(ii) and inserting the following: ``(ii) by substituting, in subsections (a)(2)(B) and (b)(1)(B)(i), the phrase `section 1631(a)(7)(A) or the requirements of due process of law' for the phrase `subsection (g) or (h) of section 223'; ``(iii) by substituting, in subsection (a)(2)(C)(i), the phrase `under title II' for the phrase `under title XVI'; ``(iv) by substituting, in subsection (b)(1)(A), the phrase `pay the amount of such fee' for the phrase `certify the amount of such fee for payment' and by striking, in subsection (b)(1)(A), the phrase `or certified for payment'; and ``(v) by substituting, in subsection (b)(1)(B)(ii), the phrase `deemed to be such amounts as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a)' for the phrase `determined before any applicable reduction under section 1127(a))'.''; and (4) by striking subparagraph (B) and inserting the following new subparagraphs: ``(B) Subject to subparagraph (C), if the claimant is determined to be entitled to past-due benefits under this title and the person representing the claimant is an attorney, the Commissioner of Social Security shall pay out of such past-due benefits to such attorney an amount equal to the lesser of-- ``(i) so much of the maximum fee as does not exceed 25 percent of such past-due benefits (as determined before any applicable reduction under section 1631(g) and reduced by the amount of any reduction in benefits under this title or title II pursuant to section 1127(a)), or ``(ii) the amount of past-due benefits available after any applicable reductions under sections 1631(g) and 1127(a). ``(C)(i) Whenever a fee for services is required to be paid to an attorney from a claimant's past-due benefits pursuant to subparagraph (B), the Commissioner shall impose on the attorney an assessment calculated in accordance with clause (ii). ``(ii)(I) The amount of an assessment under clause (i) shall be equal to the product obtained by multiplying the amount of the representative's fee that would be required to be paid by subparagraph (B) before the application of this subparagraph, by the percentage specified in subclause (II), except that the maximum amount of the assessment may not exceed $75. ``(II) The percentage specified in this subclause is such percentage rate as the Commissioner determines is necessary in order to achieve full recovery of the costs of determining and approving fees to attorneys from the past-due benefits of claimants, but not in excess of 6.3 percent. ``(iii) The Commissioner may collect the assessment imposed on an attorney under clause (i) by offset from the amount of the fee otherwise required by subparagraph (B) to be paid to the attorney from a claimant's past-due benefits. ``(iv) An attorney subject to an assessment under clause (i) may not, directly or indirectly, request or otherwise obtain reimbursement for such assessment from the claimant whose claim gave rise to the assessment. ``(v) Assessments on attorneys collected under this subparagraph shall be deposited in the Treasury in a separate fund created for this purpose. ``(vi) The assessments authorized under this subparagraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended, for administrative expenses in carrying out this title and related laws.''. (b) Effective Date.--The amendments made by this section shall apply with respect to fees for representation of claimants which are first required to be certified or paid under section 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) on or after the first day of the first month that begins after 270 days after the date of enactment of this Act.

Social Security Attorney Fee Payment System Improvement Act of 2002 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to set a cap of $75 on assessments owed by attorney representatives upon receiving payment for representing a successful claimant for past-due benefits.Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to extend a similar payment system to attorney representatives of claimants who obtain a favorable court judgment for past-due SSI benefits. Sets a cap to such an attorney payment by the Commissioner of Social Security of 25% of the amount of such past-due benefits.

A bill to amend titles II and XVI of the Social Security Act to limit the amount of attorney assessments for representation of claimants and to extend the attorney fee payment system to claims under title XVI of that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Regulatory Improvement Act''. SEC. 2. CLARIFICATION OF LEAST BURDENSOME. (a) Premarket Approval.--Section 513(a)(3)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(a)(3)(D)) is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following: ``(iii) In carrying out clause (ii), the Secretary-- ``(I) shall not request information unrelated or irrelevant to a demonstration of reasonable assurance of device safety and effectiveness; ``(II) shall consider alternative approaches to evaluating device safety and effectiveness in order to reduce the time, effort, and cost of reaching proper resolution of the issue; ``(III) shall use all reasonable mechanisms to lessen review times and render regulatory decisions; ``(IV) shall determine whether pre-clinical data, such as well-designed bench and animal testing, can meet the statutory threshold for approval; and ``(V) if clinical data are needed, shall utilize, whenever practicable, alternatives to randomized, controlled clinical trials, such as the use of surrogate endpoints.''. (b) Substantial Equivalence Determination.--Section 513(i)(1)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)(D)) is amended-- (1) by striking ``(D) Whenever'' and inserting ``(D)(i) Whenever''; and (2) by adding at the end the following: ``(ii) In carrying out clause (i), the Secretary-- ``(I) shall focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device; ``(II) shall not request or accept information unrelated or irrelevant to the substantial equivalence evaluation; ``(III) shall review the labeling of the device to assess the intended use of the device, and shall not evaluate issues that do not present a major impact on the intended use as set forth in the labeling; ``(IV) shall consider alternative approaches to evaluating substantial equivalence in order to reduce the time, effort, and cost of reaching proper resolution of the issue; and ``(V) shall use all reasonable mechanisms to lessen review times and render regulatory decisions.''. SEC. 3. CONFLICTS OF INTEREST. Section 712 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379d-1) is amended to read as follows: ``SEC. 712. CONFLICTS OF INTEREST. ``Except as otherwise provided in this Act, each advisory committee under the Federal Advisory Committee Act that provides advice or recommendations to the Secretary regarding activities of the Food and Drug Administration is subject to the provisions in such Act and the members of each such committee are subject to the provisions regarding Federal employees and special Government employees, as applicable, in title I of the Ethics in Government Act of 1978 and section 208 of title 18, United States Code.''. SEC. 4. MANAGEMENT AND INNOVATION REVIEW. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall enter into a contract with an eligible entity to carry out the activities described in subsection (c). (b) Eligible Entity.--To be eligible to enter into a contract with the Secretary under subsection (a), an entity shall-- (1) be an entity with experience in evaluating the management and operating structure of large organizations; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Activities.--The entity with which the Secretary enters into the contract under subsection (a) shall, pursuant to such contract, conduct an extensive review of the management and regulatory processes at the Center for Devices and Radiological Health of the Food and Drug Administration to ensure any actions carried out by such Center take into consideration the potential impacts on innovation with respect to medical devices and other products regulated by such Center. (d) Report.--Not later than 1 year after the date that the Secretary enters into the contract with the eligible entity under subsection (a), such entity shall submit to Congress and the Secretary a report that describes the findings and recommendations of such entity based on the review conducted under subsection (c). (e) Funding.--To carry out this section, the Secretary shall use funds otherwise available for the operation of the Office of the Secretary.

Medical Device Regulatory Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS), in determining the least burdensome appropriate means of evaluating device effectiveness, to: (1) not request information unrelated or irrelevant to demonstration of reasonable assurance of device safety and effectiveness; (2) consider alternative approaches to evaluating device safety and effectiveness; (3) use all reasonable mechanisms to lessen review times and render regulatory decisions; (4) determine whether pre-clinical data can meet the statutory threshold for approval; and (5) utilize, whenever practicable, alternatives to randomized, controlled clinical trials if clinical data are needed. Requires the Secretary, in determining the least burdensome means of determining substantial equivalence, to: (1) focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device, (2) not request or accept information unrelated or irrelevant to the substantial equivalence evaluation, (3) review the labeling of the device to assess the intended use of the device and not evaluate issues that do not present a major impact on the intended use as set forth in the labeling, (4) consider alternative approaches to evaluating substantial equivalence, and (5) use all reasonable mechanisms to lessen review times and render regulatory decisions. Repeals conflict-of-interest provisions that are specific to the Food and Drug Administration (FDA) and provides for the continued applicability of conflict-of-interest provisions otherwise applicable to advisory committees, federal employees, and special government employees. Requires the Secretary to contract with an eligible entity for a review of the management and regulatory processes at the Center for Devices and Radiological Health.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to device review determinations and conflicts of interest, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Homeowners Insurance Act of 2007''. SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR DISASTER RELIEF NOT SUBJECT TO PENALTY FOR EARLY WITHDRAWAL. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to subsection not to apply to certain distributions) is amended by adding at the end the following new subparagraph: ``(H) Distributions from retirement plans for disaster relief.-- ``(i) In general.--Any qualified disaster relief distribution. ``(ii) Aggregate dollar limitation.--For purposes of this subparagraph, the aggregate amount of distributions received by an individual which may be treated as qualified disaster relief distributions for any taxable year shall not exceed the excess (if any) of-- ``(I) $100,000, over ``(II) the aggregate amounts treated as qualified disaster relief distributions received by such individual for all prior taxable years. ``(iii) Treatment of plan distributions.-- If a distribution to an individual would be a qualified disaster relief distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified disaster relief distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. For purposes of the preceding sentence, the term `controlled group' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. ``(iv) Amount distributed may be repaid.-- ``(I) In general.--Any individual who receives a qualified disaster relief distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(II) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster relief distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster relief distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(III) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster relief distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified disaster relief distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(v) Qualified disaster relief distribution.--For purposes of this subparagraph, the term `qualified disaster relief distribution' means a distribution made-- ``(I) within 1 year after the date on which a major disaster is declared under section 401 of the Robert T. Stafford Disaster Assistance Relief and Emergency Assistance Act, ``(II) on account of such disaster, and ``(III) to an individual whose principal place of abode is in the area with respect to which such disaster was declared and who has sustained an economic loss by reason of such disaster. ``(vi) Income inclusion spread over 3-year period.-- ``(I) In general.--In the case of any qualified disaster relief distribution, unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. ``(II) Applicable rules.--For purposes of subclause (I), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply.''. (b) Effective Date.--The amendment made by this section shall apply with respect to disasters declared after the date of the enactment of this Act. (c) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under any provision of this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions.--This subsection shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and such plan or contract amendment applies retroactively for such period.

Affordable Homeowners Insurance Act of 2007 - Amends the Internal Revenue Code to exempt distributions from retirement plans for disaster relief from the penalty for premature retirement plan withdrawals.

To amend the Internal Revenue Code of 1986 to exempt disaster relief distributions from retirement plans from the penalty for early withdrawal.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Enhancement Act''. SEC. 2. FEDERAL COMMUNICATIONS COMMISSION TO PROVIDE SUPPORT FROM UNIVERSAL SERVICE FUND. Section 254(e) of the Communications Act of 1934 (47 U.S.C. 254(e)) is amended-- (1) by redesignating so much of the text of such subsection as follows ``(e) Universal Service Support.--'' as paragraph (1); (2) by inserting before ``After'' the following heading: ``(1) In general.--''; and (3) by adding at the end the following: ``(2) Rural area broadband support.--In addition to any other support provided under paragraph (1), the Commission shall, within 90 days after the date of enactment of the Rural Broadband Enhancement Act, initiate a proceeding to provide Federal universal service support for the deployment of broadband service (as defined in section 156(e)(1) of the National Telecommunications and Information Administration Organization Act) to eligible rural communities (as defined in section 156(e)(2) of that Act). The proceeding shall be completed within 240 days. Federal universal service support provided as a result of that proceeding shall be determined without cost averaging of any above-average cost areas with any lower cost areas, such as would occur in statewide or study averaging, and may be used for the deployment of-- ``(A) loop treatments and digital subscriber line access multiplexers; ``(B) cable modems; ``(C) wireless technology; and ``(D) satellite technology.''. SEC. 3. RURAL UTILITIES SERVICE LOAN PROGRAM. Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end thereof the following: ``SEC. 156. BROADBAND TELECOMMUNICATIONS SERVICES. ``(a) In General.--The Rural Utilities Service of the Department of Agriculture, after consultation with the NTIA, shall make loans or other extensions of credit to companies certified as eligible telecommunications carriers providers, or that accept the obligations of an eligible telecommunications carrier, in accordance with the provisions of this section to finance the deployment of broadband telecommunications services to eligible rural communities. ``(b) Eligibility Requirements.--To be eligible for a loan or other extension of credit under this section, a project shall-- ``(1) be capable of delivering broadband service; ``(2) be for the purpose of making access to broadband service available to an eligible rural community where broadband service is not otherwise generally available throughout that community; and ``(3) be subject to the standards for service and area wide coverage applicable to other projects administered by the Rural Utilities Service. ``(c) Terms and Conditions.--Loans made under this section-- ``(1) shall be made available in accordance with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661); ``(2) shall bear interest at an annual rate of not more than 2 percent per annum; and ``(3) shall be made for the longer of-- ``(A) a term of 30 years; or ``(B) the useful life of the assets constructed, reconstructed, or acquired. ``(d) Limitations.-- ``(1) Technology neutrality.--In making loans under this section, the Rural Utilities Service may not take into consideration the technology proposed to be employed. ``(2) Security interest.--The Rural Utilities Service may take a security interest in assets or revenue streams, in connection with a loan or other extension of credit made under this section, of not more than the amount sufficient to cover the assets financed by that loan or extension of credit. ``(e) Definitions.--In this section: ``(1) Broadband service.--The term `broadband service' includes, without regard to any particular transmission medium or technology, high-speed, switched, broadband telecommunications capable of delivering not less than 1.0 megabits of data per second to the user and 0.5 megabits of data per second from the user that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications. The Commission shall, from time-to-time as circumstances warrant, revise the rate-of-data-transmission criteria stated in the preceding sentence upward to reflect technological advances, and the criteria, as so revised, shall be applied under the preceding sentence in lieu of the rate-of- data-transmission criteria stated or previously revised by the Commission under this sentence. ``(2) Eligible rural community.--The term `eligible rural community' means any incorporated or unincorporated place that-- ``(A) has not more than 20,000 inhabitants, based on the most recent available population statistics of the Bureau of the Census; and ``(B) is not located in an area designated as a Metropolitan Area by the Office of Management and Budget.''. SEC. 4. FUNDING. There are authorized to be appropriated to the Secretary of Agriculture to carry out the provisions of section 156 of the National Telecommunications and Information Administration Organization Act $3,000,000,000 for fiscal years 2001, 2002, 2003, 2004, through 2005, such amount to remain available until expended.

Amends the National Telecommunications and Information Administrative Organization Act to direct the Rural Utilities Service of the Department of Agriculture to make loans or other credit extensions to eligible telecommunications carrier providers, or to companies that accept the obligations of such carriers, to finance the deployment of broadband service to eligible rural communities. Authorizes appropriations for FY 2001 through 2005.

Rural Broadband Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Medicine Cultural Competence Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Racial and ethnic minorities receive lower-quality health care, even when insurance status, income, age, and severity of conditions are comparable. (2) In overall health, at each stage of life until age 44, African Americans, Latinos, and Native Americans have, on average, higher mortality rates than whites. (3) The Department of Health and Human Services found at least 6 areas in which racial and ethnic minorities experience serious disparities in health access outcomes: infant mortality, cancer screening and management, cardiovascular disease, diabetes, HIV/AIDS infection, and immunizations. (4) African-American children are twice as likely to have asthma and 6 times as likely to die from asthma as white children. (5) Asthma hospitalization rates are higher in urban, low- income, and minority communities. (6) African Americans are 30 percent more likely to die of cancer than whites when differences in age are taken into account. (7) African-American women are at greater risk for being diagnosed with more advanced forms of breast cancer. (8) The African-American death rate due to diabetes is more than twice that for whites when differences in age are taken into account. (9) African Americans are 30 percent more likely to die of heart disease than whites when differences in age are taken into account. (10) Of the AIDS cases reported in 2000, 47 percent involved African Americans. (11) The annual AIDS case rate is 4 times higher for Latinos than for whites. (12) Infant mortality rates, one of the most sensitive indicators of the health and well-being of a population, are twice as high among African-American infants as whites. (13) Studies show that even well-meaning physicians who are not overtly biased or prejudiced typically demonstrate unconscious negative racial attitudes. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Cultural Competence Commission (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The Commission shall conduct a study and, under section 7, submit a report on the following: (1) Establishing standards in cultural competence education for medical and health professionals. (2) Mandating minimum professional training requirements for the delivery of high-quality knowledge-based patient care, and mandating annual hearings on the status of patient care for minority and low-income patients. (3) Collaborating with the Agency for Healthcare Research and Quality and the American Hospital Association to ensure that the review and assessment process for updating clinical guidelines and protocols incorporates a mechanism to determine the appropriateness of the guidelines and protocols for use among patients of color. (4) Engaging the leadership of such diverse organizations as the national consortium for African-American children to help prioritize and provide cultural competence training opportunities in such venues as school-based and school-linked health settings, working with The Council for Exceptional Children to address issues relating to persons with special needs, and collaborating with geriatric experts to improve access to culturally competent care for seniors in long-term care facilities. (5) Working with diverse organizations such as the Asian and Pacific Islander American Health Forum, the National Alliance for Hispanic Health, the Johns Hopkins University Institute of Urban Health, and the Utah Department of Health, Division of Health Systems Improvement Primary Care Rural and Ethnic Health, to address the needs of vulnerable populations served by community and tribal health centers. (6) Increasing outcomes-based research to assess improvements in health care outcomes for minority patients as a result of cultural competence education. (7) Broadening access to culturally competent health education by patients, providers, and organizations. (8) Conducting a national policy forum to inform legislators at the Federal, State, and local levels about cultural competence programs, research findings, and patient care outcomes. (9) Facilitating improvements in the effectiveness of provider and patient interactions and communications through cross-cultural education, health literacy training, and information. (10) Creating incentives for providers who have documented training and expertise in cultural competence. (11) Collaborating with the National Board of Medical Examiners, the Joint Commission on the Accreditation of Health Care Organizations, and other professional licensing boards and accrediting bodies to devise and monitor a method for assessing provider attitudes, knowledge, and skills in culturally competent health care. (12) Developing and enforcing mechanisms to ensure organizational compliance with cultural competence professional training, service delivery, and administrative requirements. (13) Establishing a national cultural competence ``think tank'' comprised of expert advisers known in the areas of research, advocacy, education, public health policy, and human services. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members appointed as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 4 members appointed by the minority leader of the House of Representatives. (3) 4 members appointed by the majority leader of the Senate. (4) 4 members appointed by the minority leader of the Senate. (5) 1 member appointed by the President. (b) Terms.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Basic Pay.--Members of the Commission shall serve without pay. (d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Chairperson.--The Chairperson of the Commission shall be elected by the Commission from among 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 that the Commission is authorized to take by this section. (c) Obtaining Official Data.--Notwithstanding sections 552 and 552a of title 5, United States Code, 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 Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services may provide to the Commission, on a nonreimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. Not later than 4 years after the date of the enactment of this Act, the Commission shall submit to the Congress and the President a report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 180 days after submitting its final report pursuant to section 7.

Good Medicine Cultural Competence Act of 2003 - Establishes the Cultural Competence Commission to study and report on establishing standards in cultural competence education for medical and health professionals.Addresses issues of training, clinical guidelines and protocols, access, vulnerable populations, policy forums and think tanks, incentives, collaboration, and enforcement mechanisms.

To establish the Cultural Competence Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Prescription Drugs for All Seniors Act''. SEC. 2. MEDICARE PRESCRIPTION DRUG BENEFIT PROGRAM FOR CATASTROPHIC EXPENSES. Part B of title XVIII of the Social Security Act is amended by adding at the end the following new section: ``establishment of outpatient prescription drug benefit program ``Sec. 1849. (a) In General.--The Secretary shall establish a program that provides outpatient prescription drug benefits for individuals who are enrolled under this part and entitled to benefits under part A. ``(b) Design of Benefit.--The outpatient prescription drug benefit program shall be established under subsection (a) consistent with the following: ``(1) Period of benefits.--Benefits under the program are first available for prescription drugs dispensed on or after January 1, 2005, and shall not be available for drugs dispensed after September 30, 2013. ``(2) Fiscal limitations.-- ``(A) In general.--During the 10-fiscal-year period beginning with fiscal year 2004, the program shall be designed to result in additional, net expenditures under this title equal to $400,000,000,000, and expenditures consistent with the amounts specified in subparagraph (B). In order to do this, the Secretary shall establish an appropriate deductible under paragraph (3), incentives for efficient use of generic drugs and other management techniques described in paragraph (8), and efficient methods for payment for covered benefits. ``(B) Funding stream.--The following shall be the amounts available for start-up and administrative costs and payment of benefits under this section: ``(i) For start-up and administrative costs, without fiscal year limitation, $22,811,420,000. ``(ii) For payments for benefits in fiscal year 2005, $25,756,250,000. ``(iii) For payments for benefits in fiscal year 2006, $28,859,150,000. ``(iv) For payments for benefits in fiscal year 2007, $32,219,690,000. ``(v) For payments for benefits in fiscal year 2008, $36,021,300,000. ``(vi) For payments for benefits in fiscal year 2009, $40,164,610,000. ``(vii) For payments for benefits in fiscal year 2010, $44,746,360,000. ``(viii) For payments for benefits in fiscal year 2011, $49,904,730,000. ``(ix) For payments for benefits in fiscal year 2012, $55,974,380,000. ``(x) For payments for benefits in fiscal year 2013, $63,542,120,000. ``(3) Catastrophic nature of benefit.-- ``(A) In general.--The program is designed to provide benefits in a calendar year for a beneficiary after the beneficiary has incurred out-of-pocket costs (as defined under the program) for covered outpatient prescription drugs that exceeds such percentage of income (such as 5 percent) as the Secretary shall specify for each year (beginning with 2005) consistent with paragraph (2). Such percentage shall vary from year to year [and may vary based on the income of beneficiaries]. ``(B) Income determination.--Under the program, income shall be based on the previous year's income tax return of, in the absence of such a return, on such income eligibility statement as the Secretary shall provide for. The Secretary shall provide for a verification of the income on such a statement through the income eligibility verification system used for purposes of the medicaid and SSI programs or other comparable system approved by the Secretary. ``(C) Utilization of benefits.--The program shall be designed to permit access to benefits in 2 different ways: ``(i) Monthly payment of \1/12\ of deductible.--In the case of a beneficiary who is expected to have prescription drug costs over the catastrophic threshold under subparagraph (A) for a year, the Secretary shall permit the beneficiary to elect to obtain benefits immediately at the beginning of the year and to pay to the Secretary, on a monthly basis, \1/12\ of the applicable amount of the threshold under such subparagraph for the year. ``(ii) Benefits upon satisfaction of deductible.--Access to benefits would be available once prescription drug expenditures, as documented through a smart card or similar method, have met the applicable annual deductible. ``(D) Use of electronic systems for tracking expenditures.--In any case the monitoring of expenditures under the program, both before and after the annual deductible has been met, shall be done electronically through the submittal of claims information and, if applicable, the use of an appropriate electronic transaction card system. ``(4) Defined terms.--The Secretary shall define for purposes of the benefit `covered outpatient prescription drugs', `out-of-pocket costs', and `income' consistent with the following: ``(A) `Income' shall be based on adjusted gross income for the most recent previous year and shall take into account, in an appropriate manner in the case of a married couple, the income of the spouses, and shall also income income derived from tax exempt sources, including social security benefits and municipal bond interest. ``(B) `Covered outpatient prescription drugs' shall not include prescription drugs for which any benefits are otherwise available under this part. ``(5) Application of secondary payor provisions.--The secondary payor provisions of section 1862(b) shall apply to this benefits under this program. ``(6) No premium; no impact on part b premium.--There shall be no additional premium charged for the benefits under the program and the amount of the monthly premiums under section 1839 and under section 1818 shall not be changed or affected as a result of the implementation of the program. ``(7) Payment from smi trust fund.--Benefits under the program shall be payable from the Federal Supplementary Medical Insurance Trust Fund under section 1841. ``(8) Use of utilization mechanisms.--In implementing the program, the Secretary shall establish appropriate mechanisms to encourage the substitution of generic drugs and appropriate techniques for the management of prescription drugs. ``(9) Pharmacy access.--The program shall be designed in a manner so that beneficiaries are provided timely access to prescription drugs and may choose among the broadest range of qualified, participating pharmacies so as to result in the least disruption on current methods for the delivery of outpatient prescription drugs. ``(10) Use of contractual arrangements.--The program may be implemented through contracts with pharmaceutical benefit managers and other qualified entities, including carriers under this part.''.

Equal Access to Prescription Drugs for All Seniors Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a program that provides outpatient prescription drug benefits for individuals who are enrolled under this part and entitled to benefits under Medicare part A (Hospital Insurance). State that the program is designed to provide benefits in a calendar year for a beneficiary after the beneficiary has incurred out-of-pocket costs for covered outpatient prescription drugs that exceeds such percentage of income as the Secretary shall specify for each year. Requires the percentage to vary from year to year and allows it to vary based on the income of beneficiaries.

To amend title XVIII of the Social Security Act to provide for establishment of a Medicare prescription drug benefit covering costs that exceed a percentage of a beneficiary's income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childhood Outcomes Need New Efficient Community Teams'' or the ``CONNECT Act''. SEC. 2. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE COLLABORATION BETWEEN STATE CHILD WELFARE AND JUVENILE JUSTICE SYSTEMS. (a) In General.--Section 436 of the Social Security Act (42 U.S.C. 629f) is amended by adding at the end the following new subsection: ``(c) Authority To Award Grants to States To Enhance Collaboration Between State Child Welfare and Juvenile Justice Systems.-- ``(1) Purpose.--The purpose of this subsection is to authorize the Secretary to make grants to State child welfare and juvenile justice agencies to collaborate in the collection of data relating to dual status youth and to develop practices, policies, and protocols to confront the challenges presented and experienced by dual status youth. ``(2) Authority to award grants.-- ``(A) In general.--The Secretary may award competitive grants jointly to a State child welfare agency and a State juvenile justice agency to facilitate or enhance collaboration between the child welfare and juvenile justice systems of the State in order to carry out programs to address the needs of dual status youth. ``(B) Funding.--Any grants awarded under this subsection shall be awarded from the amounts made available under subsection (a) of this section, after the application of subsection (b) of this section and before the determination of allotments under section 433. ``(C) Length of grants.-- ``(i) In general.--A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clause (ii). ``(ii) Extension of grant.--On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection. ``(3) Additional requirements.-- ``(A) Application.--In order for a State to be eligible for a grant under this subsection, it shall submit an application, to be approved by the Secretary, that includes-- ``(i) a description of the proposed leadership collaboration group (including the membership of such group), and how such group will manage and oversee a review and analysis of current practices while working to jointly address enhanced practices to improve outcomes for dual status youth; ``(ii) a description of how the State proposes to-- ``(I) identify dual status youths; ``(II) identify individuals who are at risk of becoming dual status youths; ``(III) identify common characteristics shared by dual status youths in the State; and ``(IV) determine the prevalence of dual status youths in the State; ``(iii) a description of current and proposed practices and procedures that the State intends to use to-- ``(I) screen and assess dual status youths for risks and treatment needs; ``(II) provide targeted and evidence-based services, including educational, behavioral health, and pro-social treatment interventions for dual status youths; and ``(III) provide for a lawful process to enhance or ensure the abilities of the State and any relevant agencies to share information and data about dual status youths while maintaining confidentiality and privacy protections under State and Federal law; and ``(iv) a certification that the State has involved local governments, as appropriate, in the development, expansion, modification, operation, or improvement of proposed policy and practice reforms to address the needs of dual status youths. ``(B) No supplantation of other funds.--Any amounts paid to a State under a grant under this subsection shall be used to supplement and not supplant other State expenditures on dual status youths or children involved with either the child welfare or juvenile justice systems. ``(C) Report.--A State child welfare agency and a State juvenile justice agency receiving a grant under this subsection shall jointly submit to the Secretary and to the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant. Such report shall include-- ``(i) a description of the scope and nature of the dual status youth population in the State, including the number of dual status youth; ``(ii) a description of the evidence-based practices and procedures used by the agencies to carry out the activities described in subclauses (I) through (III) of subparagraph (A)(iii); and ``(iii) an analysis of the effects of such practices and procedures, including information regarding-- ``(I) the collection of data related to individual dual status youths; ``(II) aggregate data related to the dual status youth population, including-- ``(aa) characteristics of dual status youths in the State; ``(bb) case processing timelines; and ``(cc) information related to case management, the provision of targeted services, and placements within the foster care or juvenile justice system; and ``(III) the extent to which such practices and procedures have contributed to-- ``(aa) higher educational attainment for dual status youths; ``(bb) fewer delinquency referrals for dual status youths; ``(cc) shorter stays in intensive restrictive placements for dual status youths; or ``(dd) such other outcomes for dual status youths as the State child welfare agency and State juvenile justice agency may identify. ``(4) Training and technical assistance.--The Secretary may support State child welfare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical assistance to assist the agencies in developing programs and protocols-- ``(A) to facilitate or enhance collaboration between State child welfare agencies and State juvenile justice agencies; and ``(B) for effectively working with Federal agencies and child welfare and juvenile justice agencies from other States. ``(5) Report.--Not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, the Secretary and the Attorney General of the Department of Justice shall jointly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and the Workforce of the House of Representatives, a report on the grants provided under this subsection. ``(6) Definitions.--In this subsection: ``(A) Dual status youth.--The term `dual status youth' means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual's relationship to such systems. ``(B) Leadership collaboration group.--The term `leadership collaboration group' means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State judiciary branch. ``(C) State juvenile justice agency.--The term `State juvenile justice agency' means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.). ``(D) State child welfare agency.--The term `State child welfare agency' means the State agency responsible for administering the program under subpart 1, or, in the case of a tribal organization that is receiving payments under section 428, the tribal agency responsible for administering such program.''. (b) Conforming Amendment.--Subsections (b) and (c) of section 433 of such Act (42 U.S.C. 633) are each amended by striking ``section 436(b)'' and inserting ``subsections (b) and (c) of section 436''.

Childhood Outcomes Need New Efficient Community Teams or the CONNECT Act This bill amends title IV of the Social Security Act to authorize the Department of Health and Human Services to make grants to state child welfare and juvenile justice agencies to: collaborate in the collection of data relating to dual status youth (who come into contact with both the child welfare and juvenile justice systems and occupy various statuses in their relationship to those systems); and develop practices, policies, and protocols to confront the challenges presented and experienced by such youth.

CONNECT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Our Hometown Independent Pharmacies Act of 2011''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, only in connection with such negotiations, be treated under the antitrust laws as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No Change in National Labor Relations Act.--Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitations on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that-- (1) would have the effect of boycotting any independent pharmacy or group of independent pharmacies, or would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by, any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within the scope of practice as defined or permitted by relevant law or regulation; (2) allocates a market among competitors; (3) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (4) monopolizes or attempts to monopolize a market. (f) Limitation Based on Market Share of Group.--This section shall not apply with respect to the negotiations of any group of independent pharmacies with a health plan regarding the terms of any contract under which such pharmacies provide health care items or services for which benefits are provided under such plan in a PDP region (as defined in subsection (j)(4)) if the number of pharmacy licenses of such pharmacies within such group in such region exceeds 25 percent of the total number of pharmacy licenses issued to all retail pharmacies (including both independent and other pharmacies) in such region. (g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (h) No Application to Specified Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The State Children's Health Insurance Program (SHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (7) Part C or D of title XVIII of the Social Security Act. (i) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan''-- (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage; and (iii) does not include a Medicare Advantage plan offered under part C of title XVIII of the Social Security Act or a prescription drug plan offered under part D of such title. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy that has a market share of-- (A) less than 10 percent in any PDP region; and (B) less than 1 percent in the United States. For purposes of the preceding sentence, all pharmacies that are members of the same controlled group of corporations (within the meaning of section 267(f) of the Internal Revenue Code of 1986) and all pharmacies under common control (within the meaning of section 52(b) of such Code but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 pharmacy. (4) PDP region.--The term ``PDP region'' has the meaning given such term in section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)). (j) 5-Year Sunset.--The exemption provided in subsection (a) shall only apply to conduct occurring during the 5-year period beginning on the date of the enactment of this Act and shall continue to apply for 1 year after the end of such period to contracts entered into before the end of such period. (k) General Accountability Office Study and Report.--The Comptroller General of the United States shall conduct a study on the impact of enactment of this section during the 6-month period beginning with the 5th year of the 5-year period described in subsection (j). Not later than the end of such 6-month period, the Comptroller General shall submit to Congress a report on such study and shall include in the report such recommendations on the extension of this section (and changes that should be made in making such extension) as the Comptroller General deems appropriate. (l) Oversight.--Nothing in this section shall preclude the Federal Trade Commission or the Department of Justice from overseeing the conduct of independent pharmacies covered under this section.

Preserving Our Hometown Independent Pharmacies Act of 2011 - Treats independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services the same under the antitrust laws as an employee engaged in concerted activities, and not as an employer, independent contractor, managerial employee, or supervisor, only in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Provides that this Act shall not apply to negotiations between pharmacies and health plans regarding benefits provided under specified federal programs, including Medicaid, veterans' medical care, and the federal employees' health benefits program. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.

To ensure and foster continued safety and quality of care and a competitive marketplace by exempting independent pharmacies from the antitrust laws in their negotiations with health plans and health insurance insurers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017''. SEC. 2. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by inserting after section 709 the following new section: ``Sec. 710. Annual performance plan for political appointees ``(a) In General.--The Secretary shall conduct an annual performance plan for each political appointee of the Department that is similar to the annual performance plan conducted for an employee of the Department who is appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department. ``(b) Elements of Plan.--Each annual performance plan conducted under subsection (a) with respect to a political appointee of the Department shall include, to the extent applicable, an assessment of whether the appointee is meeting the following goals: ``(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department. ``(2) Engaging and motivating employees. ``(3) Training and developing employees and preparing those employees for future leadership roles within the Department. ``(4) Holding each employee of the Department that is a manager accountable for addressing issues relating to performance, in particular issues relating to the performance of employees that report to the manager.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is further amended by inserting after the item relating to section 709 the following new item: ``710. Annual performance plan for political appointees.''. SEC. 3. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS AFFAIRS FOR HIRING WELL-QUALIFIED PEOPLE. (a) Assessment During Probationary Period.-- (1) Determination required.--With respect to any employee of the Department of Veterans Affairs who is required to serve a probationary period in a position in the Department, the Secretary of Veterans Affairs shall require the supervisor of such employee to determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee-- (A) has demonstrated successful performance; and (B) should continue past the probationary period. (2) Limitation on employment after probationary period.-- (A) In general.--Except as provided in subparagraph (B), no employee of the Department serving a probationary period as described in paragraph (1) may complete that probationary period unless and until the supervisor of the employee, or another supervisor capable of making the requisite determination, has made an affirmative determination under such paragraph. (B) Probationary period deemed completed.-- (i) No determination.--If no determination under paragraph (1) is made with respect to an employee before the end of the 60-day period following the end of the 30-day period specified in such paragraph, the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that 60-day period. (ii) Retroactive effect of determination.-- If an affirmative determination under paragraph (1) is made with respect to an employee after the end of the 30-day period specified in such paragraph, the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that 30-day period. (3) Notification to congress regarding determinations.--Not less frequently than monthly, the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives regarding-- (A) each instance during such month in which a supervisor did not make a determination required under paragraph (1) during the period required in such paragraph; and (B) each such instance included in a previous notification under this paragraph for which the supervisor still has not made such a determination. (b) Supervisors.--With respect to any employee of the Department who is serving a probationary period in a supervisory position at the Department, successful performance under subsection (a) shall include demonstrating management competencies in addition to the technical skills required for such position. (c) Performance Plan.--Each annual performance plan conducted for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for-- (1) providing regular feedback to such employee during such period before making a determination under subsection (a) regarding the probationary status of such employee; and (2) making a timely determination under subsection (a) regarding the probationary status of such employee. (d) Supervisor Defined.--In this section, the term ``supervisor'' has the meaning given such term in section 7103(a) of title 5, United States Code. SEC. 4. ACCOUNTABILITY OF MANAGERS FOR ADDRESSING PERFORMANCE OF EMPLOYEES. The Secretary of Veterans Affairs shall ensure that, as a part of the annual performance plan of an employee of the Department of Veterans Affairs who is a manager, the manager is evaluated on the following: (1) Taking action to address poor performance and misconduct among the employees that report to the manager. (2) Taking steps to improve or sustain high levels of employee engagement. SEC. 5. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS AFTER TERMINATING EMPLOYMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter I of chapter 7 of title 38, United States Code, is further amended by adding at the end the following new section: ``Sec. 717. Written opinion on certain employment restrictions after terminating employment with the Department ``(a) In General.--Before terminating employment with the Department, any official of the Department who has participated personally and substantially during the one-year period ending on the date of the termination in an acquisition by the Department that exceeds $10,000,000 shall obtain a written opinion from an appropriate ethics counselor at the Department regarding any restrictions on activities that the official may undertake on behalf of a covered contractor during the two-year period beginning on the date on which the official terminates such employment. ``(b) Covered Contractor Defined.--In this section, the term `covered contractor' means a contractor carrying out a contract entered into with the Department, including pursuant to a subcontract.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is further amended by inserting after the item relating to section 715 the following new item: ``717. Written opinion on certain employment restrictions after leaving the Department.''. SEC. 6. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT EMPLOYING CERTAIN RECENTLY SEPARATED DEPARTMENT EMPLOYEES. (a) In General.--Subchapter II of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8129. Requirement for contractors employing certain recently separated Department employees ``(a) In General.--A covered contractor may not knowingly provide compensation to an individual described in subsection (b) during the two-year period beginning on the date on which the individual terminates employment with the Department unless the covered contractor determines that the individual-- ``(1) has obtained the written opinion required under section 717(a) of this title; or ``(2) has requested such written opinion not later than 30 days before receiving compensation from the covered contractor. ``(b) Individual Described.--An individual described in this subsection is any official of the Department who participated personally and substantially during the one-year period ending on the date of the termination individual's employment with the Department in an acquisition by the Department that exceeds $10,000,000. ``(c) Covered Contractor Defined.--In this section, the term `covered contractor' means a contractor carrying out a contract entered into with the Department, including pursuant to a subcontract.''. (b) Application.--The requirement under section 8129(a) of title 38, United States Code, as added by subsection (a), shall apply with respect to any entity that enters into a contract with the Department on or after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 8128 the following new item: ``8129. Requirement for contractors employing certain recently separated Department employees.''. Passed the Senate May 25, 2017. Attest: JULIE E. ADAMS, Secretary.

Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to conduct an annual performance plan for each political appointee that is similar to the plan conducted for career appointee Senior Executive Service employees. Each plan conducted with respect to a VA political appointee shall assess whether such appointee is: (1) recruiting and retaining well-qualified individuals, (2) motivating employees, (3) training and developing employees and preparing them for future leadership roles, and (4) holding managers accountable for addressing performance issues. (Sec. 3) The supervisor of a probationary VA employee shall determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee has demonstrated successful performance and should continue past the probationary period. No VA employee serving a probationary period may complete such period until the employee's supervisor or another appropriate supervisor has made an affirmative performance determination. If no such determination is made before the end of the 60-day period following such 30-day period, the probationary period shall be deemed to have been completed. The VA shall notify Congress at least monthly regarding negative determinations. A successful assessment of a supervisor's probationary period shall include demonstration of management competencies, in addition to the technical skills required for such position. A supervisor's performance plan shall include feedback on his or her actions during an employee's probationary period. (Sec. 4) The VA shall ensure that, as a part of a manager's annual performance plan, the manager is evaluated on actions taken to: (1) address poor employee performance and misconduct, and (2) improve or sustain high levels of employee engagement. (Sec. 5) Before terminating VA employment, an official who has participated personally and substantially during the past year in a VA acquisition that exceeds $10 million shall obtain a written opinion from a VA ethics counselor regarding any restrictions on activities that the official may undertake on behalf of a contractor carrying out a VA contract (covered contractor) during the two-year period after the official terminates VA employment. A covered contractor may not knowingly provide compensation to such a separated VA official during the two-year period after separation unless the contractor determines that the individual has obtained or requested such opinion.

Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipe and Tube Inverted Tariff Correction Act of 1993''. SEC. 2. NONALLOY IRON AND STEEL PIPES AND TUBES. (a) The superior article description for subheadings 7306.30.30 and 7306.30.50 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) is amended to read as follows: ``Having a wall thickness of 1.65 mm or more, not galvanized''. (b) Subheadings 7306.30.30 and 7306.30.50 of such Schedule are redesignated as subheadings 7306.30.35 and 7306.30.55, respectively. (c) Subheadings 7306.10.10, 7306.20.60, 7306.30.55 (as redesignated by subsection (b)), and 7306.90.10 of such Schedule are each amended-- (1) by striking ``1.9%'' in the General subcolumn of the column 1 rate of duty and inserting ``4.9%''; and (2) by striking ``5.5%'' in the column 2 rate of duty and inserting ``20%''. (d) Subheadings 7306.20.20 and 7306.60.10 of such Schedule are each amended-- (1) by striking ``0.5%'' in the General subcolumn of the column 1 rate of duty and inserting ``4.9%''; and (2) by striking ``1%'' in the column 2 rate of duty and inserting ``20%''. (e) Chapter 73 of such Schedule is amended by inserting in numerical sequence the following new subheading having the same degree of indentation as the superior text for subheadings 7306.30.35 and 7306.30.55 (as redesignated by subsection (b)): `` 7306.30.60 Having a wall thickness of Free (C, E, IL) 21.5% 1.65 mm or more, galvanized.. 6.5% 1.1% (CA) '' SEC. 3. ALLOY IRON AND STEEL PIPES AND TUBES. Subheadings 7306.50.50 and 7306.90.50 of the Harmonized Tariff Schedule of the United States are each amended-- (1) by striking ``4.9%'' in the General subcolumn of the column 1 rate of duty and inserting ``9.5%''; and (2) by striking ``10%'' in the column 2 rate of duty and inserting ``28%''. SEC. 4. STAINLESS STEEL PIPES AND TUBES. (a) Subheading 7306.40.10 of the Harmonized Tariff Schedule of the United States is amended by striking ``7.6%'' in the General subcolumn of the column 1 rate of duty and inserting ``10.1%''. (b) Subheading 7306.40.50 of such Schedule is amended-- (1) by striking ``5%'' in the General subcolumn of the column 1 rate of duty and inserting ``10.1%''; and (2) by striking ``11%'' in the column 2 rate of duty and inserting ``29%''. SEC. 5. NEGOTIATING AUTHORITY. In the event that a claim for compensation under any provision of the General Agreement on Tariffs and Trade or any other trade agreement to which the United States is a party is made by any Contracting Party to that agreement as a result of the amendments made by this Act, the United States Trade Representative is authorized to negotiate such reasonable compensation as may be appropriate. SEC. 6. APPLICABILITY OF STAGED RATE REDUCTIONS UNDER THE UNITED STATES-CANADA FREE-TRADE AGREEMENT. (a) Any staged reduction of a special rate of duty set forth in subheading 7306.30.30 of the Harmonized Tariff Schedule of the United States that is proclaimed pursuant to the United States-Canada Free- Trade Agreement shall also apply to the corresponding special rate of duty set forth in subheading 7306.30.35 of such Schedule. (b) Any staged reduction of a special rate of duty set forth in subheading 7306.30.50 of the Harmonized Tariff Schedule of the United States that is proclaimed pursuant to the United States-Canada Free- Trade Agreement shall also apply to the corresponding special rate of duty set forth in subheading 7306.30.55 of such Schedule. (c) Any staged reduction of a special rate of duty set forth in subheading 7306.30.55 of the Harmonized Tariff Schedule of the United States (as redesignated by subsection (a)(2)) that is proclaimed pursuant to the United States-Canada Free-Trade Agreement shall also apply to the corresponding special rate of duty set forth in subheading 7306.30.60 of such Schedule. SEC. 7. EFFECTIVE DATE. Except as provided in section 8, the amendments made by sections 2, 3, and 4, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on the earlier of-- (1) the date on which the President enters into a multilateral trade agreement negotiated through the Uruguay Round under the General Agreement on Tariffs and Trade; or (2) January 1, 1994. SEC. 8. WAIVER. In the event that-- (1) negotiations on market access and tariffs in the General Agreement on Tariffs and Trade provide for a tariff rate elimination schedule on steel products that will remove the tariff rate inversion on certain pipe and tube products; and (2) the President or the United States Trade Representative certifies in writing to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such schedule will eliminate such tariff inversion; the provisions of this Act shall not apply.

Pipe and Tube Inverted Tariff Correction Act of 1993 - Amends the Harmonized Tariff Schedule of the United States to revise a specified subheading relating to nonalloy iron and steel pipes and tubes to include non-galvanized forms of such products. Increases the duty on certain other iron and steel pipes and tubes. Imposes a duty on galvanized nonalloy iron and steel pipes and tubes having a specified thickness. Increases the duty on certain stainless steel pipes and tubes. Authorizes the U.S. Trade Representative to negotiate compensation for claims made pursuant to the General Agreement on Tariffs and Trade, or any other trade agreement to which the United States is a party, as a result of the amendments made by this Act. Declares that any staged reduction in the rate of duty that is proclaimed pursuant to the United States-Canada Free-Trade Agreement shall apply to such products. Sets forth certain waiver requirements with respect to the applicability of the provisions of this Act.

Pipe and Tube Inverted Tariff Correction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Loophole Closing Act of 2009''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--The Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(37) Gun Show Vendor.--The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Operators.-- ``(1) In general.--It shall be unlawful for a person to operate a gun show, unless the person-- ``(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; ``(B) before commencement of the gun show-- ``(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and ``(ii) requires each such individual to sign-- ``(I) a ledger, and enter into the ledger identifying information concerning the individual; and ``(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and ``(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. ``(2) Recordkeeping.--A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. ``(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons.--It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer-- ``(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and ``(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. ``(d) Recordkeeping Requirements.-- ``(1) In general.--A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall-- ``(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and ``(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Clerical amendment.--The table of contents for chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (d) Inspection Authority.--Section 923(g)(1) of such title is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (g) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a)(5) of such title is amended-- (A) by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (B) by striking ``1'' and inserting ``5''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

Gun Show Loophole Closing Act of 2009 - Amends the federal criminal code to make it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Attorney General as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records. Grants the Attorney General authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act. Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements. Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.

To require criminal background checks on all firearms transactions occurring at gun shows.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crisis of 2008 Criminal Investigation and Prosecution Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Bureau of Investigation (FBI) has testified that ``today's financial crisis dwarves the S&L crisis as financial institutions have reduced their assets by more than $1 trillion related to the current global financial crisis compared to the estimated $160 million lost during the S&L crisis.'' (Testimony by Mr. John Pistole, Deputy Director of the Federal Bureau of Investigations of the United States Department of Justice before the U.S. Senate Committee on the Judiciary, February 11, 2009). (2) The FBI has testified that mortgage fraud was such a major contributor to the current global financial crisis that: ``it would be irresponsible to neglect mortgage fraud's impact on the U.S. housing and financial markets''. (3) In the late 1980s and early 1990s, the United States experienced a similar financial crisis with the collapse of the Savings and Loan institutions. Again, according to Deputy Director Pistole, ``the Department of Justice (DOJ), [and more specifically the FBI], were provided a number of tools through the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) and Crime Control Act of 1990 (CCA) to combat the aforementioned crisis. As stated in Senate Bill 331 dated January 27, 2009, `in the wake of the Savings and Loan crisis of the 1980s, a series of strike forces based in 27 cities was staffed with 1,000 FBI agents and forensic experts and dozens of Federal prosecutors'.''. (4) Fraud also played a decisive role in the Savings and Loan crisis. The FBI and Justice Department made prosecuting those elite frauds among its highest priorities. This took a massive commitment of FBI resources, but it produced the most successful prosecution of an epidemic of elite fraud in history--over 1,000 ``priority'' felony convictions of senior insiders, according to Professor William K. Black in his book ``The Best Way to Rob a Bank is to Own One''. (5) However, the FBI, because of its crippling personnel limitations, has been unable to assign sufficient FBI agents assigned to investigate the current global financial crisis. The FBI identified the mortgage fraud ``epidemic'' in congressional testimony in September 2004. It had so few white- collar crime specialists available, however, that it was able to assign only 120 special agents to mortgage fraud cases--less than one-eighth the agents it found essential to respond adequately to the huge, but far smaller, Savings and Loan crisis. (6) Given the magnitude of the financial crisis of 2008 and the resulting losses and billions of taxpayer dollars spent to keep the financial system from collapsing, the FBI should have no less than 1,000 agents to address corporate, securities, and mortgage fraud located across the country, and, in addition, more forensic experts and Federal prosecutors to uncover the crimes committed and bring the perpetrators to justice. (7) This authorization is expected to bring the FBI and prosecutorial staffing to the necessary levels to investigate complex financial crimes and prosecute those who have committed these crimes. SEC. 3. ALLOWABLE USE OF FUNDS. The funds authorized in this Act shall be used for the following: (1) The hiring of additional employees, including the hiring of 1,000 FBI agents and, in addition, a sufficient number of forensic experts, by the Director of the Federal Bureau of Investigation in the Department of Justice to investigate corporate, securities, and mortgage fraud, and associated violations of the law relating to the United States financial markets. (2) The hiring of additional employees by the Attorney General of the Department of Justice to prosecute violations of the laws relating to the United States financial markets. (3) The hiring of additional employees by the Chair of the Securities and Exchange Commission Division of Enforcement to investigate and prosecute violations of the law relating to United States financial markets. SEC. 4. AUTHORIZATIONS. There are authorized to be appropriated to carry out this Act such sums as necessary for fiscal year 2009, fiscal year 2010, fiscal year 2011, and fiscal year 2012. Such sums shall be available until obligated.

Financial Crisis of 2008 Criminal Investigation and Prosecution Act of 2009 - Authorizes appropriations for FY2009-FY2012 for the Director of the Federal Bureau of Investigation (FBI) to hire 1,000 FBI agents as well as additional forensic experts to investigate corporate, securities, and mortgage fraud, and associated violations of law relating to the U.S. financial markets. Authorizes the hiring also of additional employees by the Attorney General and by the Chair of the Securities and Exchange Commission (SEC) Division of Enforcement to conduct related investigations and prosecutions.

To provide additional resources for Federal investigations and prosecutions of crimes related to the 2008 Financial Crisis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Economic Assistance Conditionality Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) The governments of low income oil-producing countries often do not provide information to the people of such countries regarding their oil revenues. Such opacity can hide billions of dollars worth of financial impropriety. (2) The governments of such countries have generally refused to disclose information regarding their oil revenues when pressed by international organizations and others, proclaiming that such disclosure is an infringement on national sovereignty. (3) As a result, the people of such countries are left without the necessary information to ensure proper management and accountability regarding such oil revenues. Dispossessed, the people of such countries are often left marginalized and at the mercy of donor assistance. In Angola, for example, one in every four oil dollars earned is unaccounted for. At the same time, one in four Angolan children dies before the age of five from preventable diseases. (4) In some low income oil-producing countries, government- imposed royalties and fees on the revenues of business enterprises engaged in oil production are often misappropriated and squandered. These businesses are then left vulnerable to accusations of complicity with corruption. (5) The governments of low income oil-producing countries that mismanage oil revenues are often unstable and do not survive, creating further instability that threatens the supply of vital industrial commodities and forcing the international community to respond with costly emergency assistance to those countries. (6) A key to promoting political, economic, and social reform in low income oil-producing is transparency in public finances. (7) If the governments of such countries tell their people how much oil revenue the government receives and how that revenue is allocated and expended, the resulting transparency will engender more realistic public expectations, more plausible national development programs, and better means to combat corruption and promote democracy, respect for human rights, and the rule of law. (8) Transparency by such foreign governments will benefit United States business enterprises as well. Respect for the rule of law, codified regulatory practices, and transparent bidding and award practices deter corruption and encourage a level playing field in such countries for United States business enterprises. (9) Export credit activities and other bilateral concessional loan programs of the United States Government for low income oil-producing countries should require that any assistance under such activities and programs be conditional on appropriate transparency by the governments of such countries relating to oil revenues. (10) International financial institutions such as the World Bank should incorporate revenue transparency across their lending and technical assistance portfolios by making full transparency a condition of all their financial support and by including it in their national poverty reduction strategy consultations. (11) One bold and promising model is the Chad/Cameroon Pipeline Project, under which the Government of Chad, private investors, and the World Bank Group have established an accountability and oversight mechanism for the country's revenues derived from oil production. (12) Donald Norland, former United States Ambassador to Chad, in testimony on April 18, 2002, before the Committee on International Relations of the House of Representatives stated that the Chad/Cameroon Pipeline Project ``has addressed these extraordinarily challenging issues in ways that may well serve as a model for developing natural resources in other countries''. (13) Ambassador Norland further testified that: ``Success will require keeping the project in the spotlight of public attention as well as under constant scrutiny and monitoring by outside groups . . . Scrutiny is the key to transparency. Transparency is, in turn, indispensable in guaranteeing that oil resources go . . . to projects that reduce poverty while preserving the environment and advancing human rights . . . to make sure that revenues go to benefit the people of Chad and not to private bank accounts.''. SEC. 3. LIMITATION ON UNITED STATES ECONOMIC ASSISTANCE FOR LOW INCOME OIL-PRODUCING COUNTRIES. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON UNITED STATES ECONOMIC ASSISTANCE FOR LOW INCOME OIL-PRODUCING COUNTRIES. ``(a) Definitions.--In this section: ``(1) Low income country.--The term `low income country' means a country that has a per capita income equal to or less than the historical ceiling of the International Development Association, as defined by the International Bank for Reconstruction and Development. ``(2) Low income oil producing country.--The term `low income oil-producing country' means a low-income country that produces an average of not less than 100,000 barrels of oil or equivalent per day based on the most recent information available by the Energy Information Administration of the Department of Energy. ``(3) Oil.--The term `oil' includes crude oil, natural gas plant liquids, other petroleum-based liquids, and petroleum- based refinery byproducts. ``(4) United states economic assistance.--The term `United States economic assistance' means any of the following: ``(A) Bilateral economic, development, or technical assistance (other than military assistance, humanitarian assistance, or assistance to prevent, treat, and monitor HIV/AIDS) provided by any department or agency of the United States Government to a foreign country under any program, project, or activity that is contained within the major budget functional category 150 (relating to International Affairs), including assistance under-- ``(i) chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); ``(ii) chapter 10 of part I of that Act (relating to the Development Fund for Africa); ``(iii) chapter 11 of part I of that Act (relating to assistance for the independent states of the former Soviet Union); ``(iv) chapter 12 of part I of that Act (relating to assistance for the countries of the South Caucasus and Central Asia region); ``(v) chapter 4 of part II of that Act (relating to the Economic Support Fund); or ``(vi) the Support for East European Democracy (SEED) Act of 1989. ``(B) Bilateral economic, development, or technical assistance (other than military assistance, humanitarian assistance, or assistance to prevent, treat, and monitor HIV/AIDS) provided by any department or agency of the United States Government to a foreign country under any program, project, or activity that is contained within any of the following major budget functional categories: ``(i) 270 (relating to Energy). ``(ii) 300 (relating to Natural Resources and the Environment), including programs, projects, and activities of the Environmental Protection Agency, the Department of the Interior, and the United States Army Corps of Engineers). ``(iii) 350 (relating to Agriculture), including assistance provided under title I of the Agricultural Trade Development and Assistance Act of 1954, the Food for Progress program, and other programs administered by the Department of Agriculture, such as programs administered by the Commodity Credit Corporation. ``(iv) 370 (relating to Commerce and Housing Credit). ``(v) 400 (relating to Transportation). ``(vi) 500 (relating to Education, Training, Employment, and Social Services). ``(vii) 550 (relating to Health). ``(viii) 750 (relating to the Administration of Justice). ``(ix) 800 (relating to the General Government). ``(b) Identification; Determinations.--Not later than October 1, 2005, and not later than each October 1 thereafter, the President, acting through the Board of Directors of the Millennium Challenge Corporation-- ``(1) shall identify all countries in the world that are low income oil-producing countries (as defined in subsection (a)(1)); and ``(2) for each country identified under paragraph (1)-- ``(A) shall determine whether or not the country scores in the top quartile of all low income countries in each of the three indicators described in subsection (d), as required under subsection (c)(1)(A); and ``(B) shall determine whether or not the government of the country meets the requirements of subsection (e), as required under subsection (c)(1)(B). ``(c) Limitation on Economic Assistance.-- ``(1) Limitation.--Notwithstanding any other provision of law (other than a provision of this section), United States economic assistance may be provided for fiscal year 2007 and each subsequent fiscal year for a low income oil-producing country only if the President, acting through the Board of Directors of the Millennium Challenge Corporation, determines that-- ``(A) the country scores in the top quartile of all low income countries in each of the three indicators described in subsection (d); and ``(B) the government of the country meets the requirements of subsection (e). ``(2) Rule of construction.--The limitation on assistance under paragraph (1) shall not apply to a low income oil- producing country that is determined by the Board of Directors of the Millennium Challenge Corporation to be an eligible country under section 607 of the Millennium Challenge Act of 2003 (22 U.S.C. 7706) and is identified as such by the Chief Executive Officer of the Corporation under section 608(d) of such Act (22 U.S.C. 7707(d)). ``(d) Indicators.--The indicators referred to in subsection (c)(1)(A) are the following: ``(1) Total expenditures on health.--The amount expended by the government of the country at all levels on health divided by the gross domestic product of the country. ``(2) Total expenditures on primary education.--The amount expended by the government of the country at all levels on primary education divided by the gross domestic product of the country. ``(3) Primary education completion rate.--The number of students who complete primary education divided by the total population of individuals of the same age in the country. ``(e) Requirements.--The requirements referred to in subsection (c)(1)(B) are the following: ``(1) Transparency relating to oil revenues.--The government of the country makes publicly available information on-- ``(A) the amount of revenues received by the government through the production of oil in the country for the preceding calendar year, whether through royalties, rents, taxes, customs, duties, or otherwise; and ``(B) the allocation of such revenues among the various departments and agencies of the government. ``(2) Allocation and expenditure of oil revenues.--The government of the country allocates and expends an appropriate amount of the revenues referred to in paragraph (1) on education, food and nutrition assistance, and public health programs for the people of the country. ``(3) UN convention against corruption.--The country is a signatory to the United Nations Convention Against Corruption (Document A/58/422), as adopted by the United Nations General Assembly on October 31, 2003. ``(f) Report.-- ``(1) In general.--Not later than October 1, 2006, and not later than October 1 of each year thereafter, the President, acting through the Board of Directors of the Millennium Challenge Corporation, shall prepare and transmit to Congress a report that contains-- ``(A) for the fiscal year beginning on the applicable October 1-- ``(i) the identification each low income oil-producing country, as required under subsection (b)(1); and ``(ii) the determinations with respect to each such low income oil-producing country, as required under subparagraphs (A) and (B) of subsection (b)(2); and ``(B) for the prior fiscal year, an identification of each low income oil-producing country that received United States economic assistance by reason of the application of subsection (c)(1) and the amounts and purposes of such assistance. ``(2) Special rule for initial report.--The requirement to include information described in subparagraph (B) of paragraph (1) shall not apply to the initial report required to be submitted under such paragraph.''. SEC. 4. LIMITATION ON UNITED STATES SUPPORT FOR MULTILATERAL ASSISTANCE FOR CERTAIN COUNTRIES. The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is amended by adding at the end the following: ``SEC. 64. LIMITATION ON UNITED STATES SUPPORT FOR MULTILATERAL ASSISTANCE FOR CERTAIN COUNTRIES. ``The Secretary of the Treasury shall instruct the United States Executive Directors at the Fund and at the Bank to use the voice, vote, and influence of the United States to oppose the making of a loan by the Fund or the Bank, respectively, to the government of any country not eligible to receive United States economic assistance by reason of section 620K of the Foreign Assistance Act of 1961.''.

United States Economic Assistance Conditionality Act of 2004 - Amends the Foreign Assistance Act of 1961 to require governments of low income oil-producing countries (as defined by this Act) to meet specified requirements relating to their oil revenues in order to be eligible for U.S. economic assistance. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to oppose the making of International Monetary Fund or International Bank for Reconstruction and Development loans to a government that fails to meet such oil revenue-related requirements.

To amend the Foreign Assistance Act of 1961 to require the governments of low income oil-producing countries to meet certain requirements relating to their oil revenues in order to be eligible to receive United States economic assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Horseracing Integrity and Safety Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Interstate off-track wager; horsemen's group; host racing association; off-track betting system.--The terms ``interstate off-track wager'', ``horsemen's group'', ``host racing association'', and ``off-track betting system'' have the meanings given those terms in section 3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002). (2) Veterinarian-client-patient relationship.--The term ``veterinarian-client-patient relationship'' has the meaning of that term as used in the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (as in effect on the date of the enactment of this Act). SEC. 3. INDEPENDENT ANTI-DOPING ORGANIZATION FOR INTERSTATE HORSERACING. (a) In General.--There shall be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horseraces that are the subject of interstate off-track wagers. (b) Duties.--The duties of the independent anti-doping organization referred to in subsection (a) with respect to horseraces described in that subsection are the following: (1) Developing, publishing, and maintaining rules with respect to-- (A) substances, methods, and treatments that may not be administered to a horse participating in such a horserace; (B) substances, methods, and treatments that may be administered to a horse participating in such a horserace in the context of a veterinarian-client- patient relationship; and (C) the use of substances, methods, and treatments permitted under subparagraph (B), including rules with respect to the period before a horserace (which may not be less than 24 hours before a horserace) during which a horse may no longer receive such substances, methods, and treatments. (2) Implementing programs relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in a horserace described in subsection (a) from racing under the effect of any substance, method, or treatment that could affect the performance of the horse (other than a substance, method, or treatment described in subparagraph (B) of paragraph (1) administered during a time period that is permitted under subparagraph (C) of that paragraph). (3) Excluding from participating in any horserace described in subsection (a) any person that the independent anti-doping organization or a State racing commission determines-- (A) has violated a rule with respect to a substance, method, or treatment that may not be administered to a horse participating in such a horserace under subparagraph (A) of paragraph (1); (B) has violated 3 or more times a rule with respect to a substance, method, or treatment permitted under subparagraphs (B) and (C) of that paragraph that has the ability to affect the performance of a horse; or (C) is subject to a suspension from horseracing activities by any State racing commission. (c) Deadline.--The independent anti-doping organization referred to in subsection (a) shall publish the rules required by subsection (b) not later than one year after the date of the enactment of this Act. (d) Suspension of Exclusion Period.--The independent anti-doping organization referred to in subsection (a) may-- (1) suspend a period of exclusion from participating in a horserace imposed on a person pursuant to subsection (b)(3) if the person provides substantial assistance to the organization or other persons that results in the discovery of-- (A) a violation of a rule published under subsection (b) by another person; or (B) a violation of Federal or State law by another person; and (2) may reinstate all or part of a period of exclusion imposed on a person and suspended under paragraph (1) if the person fails to provide substantial assistance described in that paragraph. (e) Consultations.--In developing, publishing, and maintaining rules under subsection (b)(1), the independent anti-doping organization referred to in subsection (a) may consult with State racing commissions, host racing associations, horsemen's groups, and other interested persons. (f) Transition Rule With Respect to Furosemide.--During the 2-year period beginning on the date of the enactment of this Act, the independent anti-doping organization referred to in subsection (a) shall permit the use of furosemide in a horse participating in a horserace described in subsection (a) if-- (1) the horse is 3 years old or older; and (2) the use of furosemide-- (A) complies with the requirements of the document entitled ``ARCI-011-020 Medications and Prohibited Substances'' published by the Association of Racing Commissioners International, Inc.; and (B) is within the context of a veterinarian-client- patient relationship. (g) Designation of Organization.--The independent anti-doping organization designated pursuant to section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 2001) shall serve as the independent anti-doping organization referred to in subsection (a). SEC. 4. CONSENT REQUIRED FOR ACCEPTANCE OF INTERSTATE OFF-TRACK WAGERS. (a) In General.--On and after the date of the enactment of this Act, a host racing association may conduct a horserace that is the subject of an interstate off-track wager, and an interstate off-track wager may be accepted by an off-track betting system, only if consent is obtained from the independent anti-doping organization referred to in section 3(a). (b) Requirement for Agreement.-- (1) In general.--A host racing association shall obtain the consent required by subsection (a) of the independent anti- doping organization referred to in section 3(a) pursuant to an agreement entered into between the association and the organization that specifies the terms and conditions relating to such consent, including-- (A) compliance with the rules published under section 3(b); and (B) payments to the organization to defray the costs of carrying out the duties of the organization under this Act. (2) Defrayal of costs.--The independent anti-doping organization referred to in section 3(a) shall ensure that all of the costs incurred by the organization in carrying out the duties of the organization under this Act are defrayed pursuant to agreements entered into under paragraph (1).

Horseracing Integrity and Safety Act of 2013 - Requires: (1) there to be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horse races that are the subject of interstate off-track wagers, and (2) the independent anti-doping organization designated pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 to serve as such organization. Sets forth as the duties of such organization: (1) developing, publishing, and maintaining rules regarding substances, methods, and treatments that may and may not be administered to a horse participating in such a race; (2) implementing programing relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in such a race from racing under the effect of any prohibited substance, method, or treatment; and (3) excluding from participation in any such race any person who is determined to have violated such a rule or who is subject to a suspension from horse racing activities by any state racing commission. Prescribes conditions under which such organization may: (1) suspend the period a person is excluded from participation; and (2) permit the use of furosemide by a horse participating in such a race during the two-year period following enactment of this Act. Permits a host racing association to conduct a horse race that is the subject of an interstate off-track wager, and permits an interstate off-track wager to be accepted by an off-track betting system, only if consent is obtained from such organization. Requires such organization to ensure that all costs incurred in carrying its duties are defrayed pursuant to agreements for such consent.

Horseracing Integrity and Safety Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Act for Responsible Employment of 2017'' or the ``CARE Act of 2017''. SEC. 2. AMENDED DEFINITIONS. Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended to read as follows: ``(l) `Oppressive child labor' means a condition of employment under which-- ``(1) any employee who is 16 or 17 years of age is employed by an employer in any occupation found by the Secretary and by order declared to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; ``(2) any employee who is 14 or 15 years of age is employed by an employer, unless the Secretary has determined that the employment is confined to periods which will not interfere with the schooling of the employee, and that the conditions of employment will not interfere with the health and well-being of the employee; or ``(3) any employee who is under 14 years of age is employed by an employer.''. SEC. 3. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT; REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS. (a) Revised Age Requirement.--Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee under 18 years of age who is employed in agriculture by his or her parent, or by a person standing in the place of the parent, on a farm owned by the parent or person. ``(2) The provisions of section 12 relating to child labor shall not apply to any employee under 16 years of age who is employed by his or her parent, or by a person standing in the place of the parent, in employment other than agricultural employment, manufacturing, mining, or any other employment the Secretary finds to be particularly hazardous for the employment of a child 16 or 17 years of age or detrimental to their health or well-being.''. (b) Repeal of Waiver Provision.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. SEC. 4. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Paragraph (1) of section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended-- (1) by striking ``person'' each place it appears and inserting ``employer''; (2) in subparagraph (A)-- (A) by striking ``not to exceed'' and inserting ``of''; and (B) by amending clauses (i) and (ii) to read as follows: ``(i) not less than $500 and not more than $15,000 for each employee who was the subject of such a violation; or ``(ii) not less than $15,000 and not more than $50,000 with regard to each such violation that causes the serious injury, serious illness, or death of any employee under the age of 18 years, which penalty may be doubled where the violation is a repeated or willful violation.''; and (3) in subparagraph (B) by striking ``the term `serious injury' means'' and inserting ``the terms `serious injury' and `serious illness' mean''. SEC. 5. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR VIOLATIONS. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (a), by striking ``Any person'' and inserting ``Except as provided in subsection (f), any person''; and (2) by adding at the end the following: ``(f) Any person who repeatedly or willfully violates any of the provisions of section 12, and such violations result in or cause the death or serious injury or serious illness of an employee under 18 years of age at the time of such violation, shall be subject to imprisonment for not more than 5 years or a fine under title 18, United States Code, or both.''. SEC. 6. PESTICIDE-RELATED WORKER PROTECTION STANDARD. Congress finds and declares that the employment of children under the age of 18 in the occupation of a pesticide handler as defined in the worker protection standard for workers exposed to pesticides in part 170 of title 40, Code of Federal Regulations, is particularly hazardous to such children and detrimental to their health and well- being. The Secretary of Labor shall revise part 570 of title 29, Code of Federal Regulations, to prohibit the employment of a child under the age of 18 to perform any of the tasks or duties described in the definition of the term ``handler'' in section 170.3 of title 40, Code of Federal Regulations. SEC. 7. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS. (a) Rulemaking.--The Secretary of Labor may prescribe rules as necessary to implement the amendments made by sections 2 through 5 and the revision required by section 6. Any such rules issued shall take effect not later than 30 days after the date on which the such rules are published in the Federal Register. (b) Violations.--The amendments made by sections 2, 3, 4, and 5 and the revision required by section 7 shall apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the date on which the rules issued under subsection (a) take effect. (c) Rule of Construction.--Nothing in the amendments made by section 3, 4, or 5 or in the revision required by section 7 shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments or such revision.

Children's Act for Responsible Employment of 2017 or the CARE Act of 2017 This bill amends the Fair Labor Standards Act of 1938 to redefine "oppressive child labor," for purposes of the Act's child labor prohibitions, as the employment of any employee who is: 16 or 17 years of age in any occupation found by the Department of Labor to be particularly hazardous or detrimental to such employee's health or well-being; 14 or 15 years of age, unless the employment is confined to periods which do not interfere with the employee's schooling, health, and well-being; or under age 14. The bill revises exemptions for child agricultural employment. The bill increases civil penalties for child labor violations and imposes new criminal penalties for repeated or willful violations of child labor prohibitions that result in serious illness or injury of an employee under age 18. Labor shall revise regulations to prohibit the employment of children under age 18 in duties involving the handling of pesticides.

Children’s Act for Responsible Employment of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. Holocaust Assets Commission Act of 1998''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a Presidential Commission, to be known as the ``Presidential Advisory Commission on Holocaust Assets in the United States'' (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Number.--The Commission shall be composed of 19 members, appointed in accordance with paragraph (2). (2) Appointments.--Of the 19 members of the Commission-- (A) 7 shall be private citizens, appointed by the President; (B) 3 shall be representatives of the Department of State, the Department of Justice, and the Department of the Treasury (1 representative of each such Department), appointed by the President; (C) 2 shall be Members of the House of Representatives, appointed by the Speaker of the House of Representatives; (D) 2 shall be Members of the House of Representatives, appointed by the Minority Leader of the House of Representatives; (E) 2 shall be Members of the Senate, appointed by the Majority Leader of the Senate; (F) 2 shall be Members of the Senate, appointed by the Minority Leader of the Senate; and (G) 1 shall be the Chairperson of the United States Holocaust Memorial Council. (3) Criteria for membership.--Each private citizen appointed to the Commission shall be an individual who has a record of demonstrated leadership on issues relating to the Holocaust or in the fields of commerce, culture, or education that would assist the Commission in analyzing the disposition of the assets of Holocaust victims. (4) Advisory panels.--The Chairperson of the Commission may, in the discretion of the Chairperson, establish advisory panels to the Commission, including State or local officials, representatives of organizations having an interest in the work of the Commission, or others having expertise that is relevant to the purposes of the Commission. (5) Date.--The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (c) Chairperson.--The Chairperson of the Commission shall be selected by the President from among the members of the Commission appointed under subparagraph (A) or (B) of subsection (b)(2). (d) Period of Appointment.--Members of the Commission shall be appointed for the life of the Commission. (e) Vacancies.--Any vacancy in the membership of the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (f) Meetings.--The Commission shall meet at the call of the Chairperson at any time after the date of appointment of the Chairperson. (g) Quorum.--Thirteen of the members of the Commission shall constitute a quorum, but a lesser number of members may hold meetings. SEC. 3. DUTIES OF THE COMMISSION. (a) Original Research.-- (1) In general.--Except as otherwise provided in paragraph (3), the Commission shall conduct a thorough study and develop an historical record of the collection and disposition of the assets described in paragraph (2), if such assets came into the possession or control of the Federal Government, including the Board of Governors of the Federal Reserve System and any Federal reserve bank, at any time after January 30, 1933-- (A) after having been obtained from victims of the Holocaust by, on behalf of, or under authority of a government referred to in subsection (c); (B) because such assets were left unclaimed as the result of actions taken by, on behalf of, or under authority of a government referred to in subsection (c); or (C) in the case of assets consisting of gold bullion, monetary gold, or similar assets, after such assets had been obtained by the Nazi government of Germany from governmental institutions in any area occupied by the military forces of the Nazi government of Germany. (2) Types of assets.--Assets described in this paragraph include-- (A) gold, including gold bullion, monetary gold, or similar assets in the possession of or under the control of the Board of Governors of the Federal Reserve System or any Federal reserve bank; (B) gems, jewelry, and nongold precious metals; (C) accounts in banks in the United States; (D) domestic financial instruments purchased before May 8, 1945, by individual victims of the Holocaust, whether recorded in the name of the victim or in the name of a nominee; (E) insurance policies and proceeds thereof; (F) real estate situated in the United States; (G) works of art; and (H) books, manuscripts, and religious objects. (3) Coordination of activities.--In carrying out its duties under paragraph (1), the Commission shall, to the maximum extent practicable, coordinate its activities with, and not duplicate similar activities already or being undertaken by, private individuals, private entities, or government entities, whether domestic or foreign. (b) Comprehensive Review of Other Research.--Upon request by the Commission and permission by the relevant individuals or entities, the Commission shall review comprehensively research by private individuals, private entities, and nonfederal government entities, whether domestic or foreign, into the collection and disposition of the assets described in subsection (a)(2), to the extent that such research focuses on assets that came into the possession or control of private individuals, private entities, or nonfederal government entities within the United States at any time after January 30, 1933, either-- (1) after having been obtained from victims of the Holocaust by, on behalf of, or under authority of a government referred to in subsection (c); or (2) because such assets were left unclaimed as the result of actions taken by, on behalf of, or under authority of a government referred to in subsection (c). (c) Governments Included.--A government referred to in this subsection includes, as in existence during the period beginning on March 23, 1933, and ending on May 8, 1945-- (1) the Nazi government of Germany; (2) any government in any area occupied by the military forces of the Nazi government of Germany; (3) any government established with the assistance or cooperation of the Nazi government of Germany; and (4) any government which was an ally of the Nazi government of Germany. (d) Reports.-- (1) Submission to the president.--Not later than December 31, 1999, the Commission shall submit a final report to the President that shall contain any recommendations for such legislative, administrative, or other action as it deems necessary or appropriate. The Commission may submit interim reports to the President as it deems appropriate. (2) Submission to the congress.--After receipt of the final report under paragraph (1), the President shall submit to the Congress any recommendations for legislative, administrative, or other action that the President considers necessary or appropriate. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of any such department or agency shall furnish such information to the Commission as expeditiously as possible. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation.--No member of the Commission who is a private citizen shall be compensated for service on the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Executive Director, Deputy Executive Director, General Counsel, and Other Staff.-- (1) In general.--Not later than 90 days after the selection of the Chairperson of the Commission under section 2, the Chairperson shall, without regard to the civil service laws and regulations, appoint an executive director, a deputy executive director, and a general counsel of the Commission, and such other additional personnel as may be necessary to enable the Commission to perform its duties under this Act. (2) Qualifications.--The executive director, deputy executive director, and general counsel of the Commission shall be appointed without regard to political affiliation, and shall possess all necessary security clearances for such positions. (3) Duties of executive director.--The executive director of the Commission shall-- (A) serve as principal liaison between the Commission and other Government entities; (B) be responsible for the administration and coordination of the review of records by the Commission; and (C) be responsible for coordinating all official activities of the Commission. (4) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director, deputy executive director, general counsel, and other personnel employed by the Commission, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that-- (A) the rate of pay for the executive director of the Commission may not exceed the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code; and (B) the rate of pay for the deputy executive director, the general counsel of the Commission, and other Commission personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Employee benefits.-- (A) In general.--An employee of the Commission shall be an employee for purposes of chapters 84, 85, 87, and 89 of title 5, United States Code, and service as an employee of the Commission shall be service for purposes of such chapters. (B) Nonapplication to members.--This paragraph shall not apply to a member of the Commission. (6) Office of personnel management.--The Office of Personnel Management-- (A) may promulgate regulations to apply the provisions referred to under subsection (a) to employees of the Commission; and (B) shall provide support services relating to-- (i) the initial employment of employees of the Commission; and (ii) other personnel needs of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement to the agency of that employee, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Staff Qualifications.--Any person appointed to the staff of or employed by the Commission shall be an individual of integrity and impartiality. (g) Conditional Employment.-- (1) In general.--The Commission may offer employment on a conditional basis to a prospective employee pending the completion of any necessary security clearance background investigation. During the pendency of any such investigation, the Commission shall ensure that such conditional employee is not given and does not have access to or responsibility involving classified or otherwise restricted material. (2) Termination.--If a person hired on a conditional basis as described in paragraph (1) is denied or otherwise does not qualify for all security clearances necessary for the fulfillment of the responsibilities of that person as an employee of the Commission, the Commission shall immediately terminate the employment of that person with the Commission. (h) Expedited Security Clearance Procedures.--A candidate for executive director or deputy executive director of the Commission and any potential employee of the Commission shall, to the maximum extent possible, be investigated or otherwise evaluated for and granted, if applicable, any necessary security clearances on an expedited basis. SEC. 6. SUPPORT SERVICES. During the 180-day period following the date of enactment of this Act, the General Services Administration shall provide administrative support services (including offices and equipment) for the Commission. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 3. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Commission. (b) Public Attendance.--To the maximum extent practicable, each meeting of the Commission shall be open to members of the public. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not more than $3,500,000 for the interagency funding of activities of the Commission under this Act. Funds made available to the Commission pursuant to this section shall remain available for obligation until December 31, 1999.

U.S. Holocaust Assets Commission Act of 1998 - Establishes the Presidential Advisory Commission on Holocaust Assets in the United States to: (1) study and develop a historical record of the collection and disposition of specified assets of Holocaust victims in the possession or control of the Federal Government (including the Board of Governors of the Federal Reserve System and any Federal reserve bank), after January 30, 1933 (including certain gold assets obtained by the Nazi government of Germany from governmental institutions in Nazi-occupied areas); (2) coordinate its activities with private and governmental entities (including the international Washington Conference on Holocaust-era Assets); (3) encourage the National Association of Insurance Commissioners to report on Holocaust-related claims practices of insurance companies doing business in the United States after January 30, 1933, that issued insurance policies to individuals on designated Holocaust-victim lists; (4) review comprehensively research conducted by other entities regarding such assets in the United States; and (5) report its recommendations to the President. Instructs the President to report recommendations for action to the Congress. Directs the Administrator of General Services, upon Commission request, to provide administrative support services on a reimbursable basis. Authorizes appropriations for FY 1998 through 2000.

U.S. Holocaust Assets Commission Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Future Economy Commission Act'' or the ``SAFE Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Securing America's Future Economy Commission'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) Mandatory Legislation Development.-- (1) Issues to address.--The Commission shall examine the long-term fiscal challenges facing the United States and develop legislation designed to address the following issues: (A) The unsustainable imbalance between long-term Federal spending commitments and projected revenues. (B) Increasing net national savings to provide for domestic investment and economic growth. (C) The implications of foreign ownership of debt instruments issued by the United States Government. (D) Improving the budget process to place greater emphasis on long-term fiscal issues. (2) Policy solutions.--Legislation developed to address the issues described in paragraph (1) may include the following: (A) Reforms that limit the growth of entitlement spending to ensure that the programs are fiscally sustainable. (B) Reforms that strengthen the safety net functions of entitlement programs to provide assistance to the neediest people. (C) Reforms that make United States tax laws more efficient and more conducive to encouraging economic growth. (D) Incentives to increase private savings. (E) Automatic stabilizers or triggers to enforce spending and revenue targets. (F) Any other reforms designed to address the issues described in paragraph (1). (b) Optional Development of Cost Estimate Alternatives.--The Commission shall by an affirmative vote of 5 members develop not more than 2 methods for estimating the cost of legislation as an alternative to the method currently used by the Congressional Budget Office. Any such alternative method must be designed to address any flaws in the method currently used with regard to estimating the positive economic effects of legislation. SEC. 4. INITIAL TOWN HALL STYLE PUBLIC HEARINGS. (a) In General.--The Commission shall hold at least 1 town hall style public hearing within each Federal reserve district, and shall, to the extent feasible, ensure that there is broad public participation in the hearings. (b) Hearing Format.--During each hearing, the Commission shall present to the public, and generate comments and suggestions regarding, the issues described in section 3, policies designed to address the issues, and tradeoffs between the policies. SEC. 5. REPORT. The Commission shall, not later than 180 days after the date of enactment of this Act, submit a report to Congress and the President containing the following: (1) A detailed description of the activities of the Commission. (2) A summary of comments and suggestions generated from the town hall style public hearings. (3) A detailed statement of any findings of the Commission as to public preferences regarding the issues, policies, and tradeoffs presented in the town hall style public hearings. (4) A detailed description of the long-term fiscal problems faced by the United States. (5) A list of policy options for addressing those problems. (6) Criteria for the legislative proposal to be developed by the Commission. SEC. 6. LEGISLATIVE PROPOSAL. (a) In General.--Not later than 60 days after the date the report is submitted under section 5 and by a vote of two-thirds of the members, the Commission shall submit a legislative proposal to Congress and the President designed to address the issues described section 3. (b) Proposal Requirements.--The proposal must, to the extent feasible, be designed-- (1) to achieve generational equity and long-term economic stability; (2) to address the comments and suggestions of the public; and (3) to meet the criteria set forth in the Commission report. (c) Inclusion of Cost Estimate.--The Commission shall submit with the proposal-- (1) a long-term CBO cost estimate prepared under section 14 for the proposal; and (2) if an alternative cost estimate method is developed by the Commission, a 50-year cost estimate using such method. SEC. 7. MEMBERSHIP AND MEETINGS. (a) In General.--The Commission shall be composed of 15 voting members appointed pursuant to paragraph (1) and 2 nonvoting members described in paragraph (2). (1) Voting members.--(A) The President shall appoint 3 members, one of which the President shall appoint as chairperson of the Commission. (B) The Speaker of the House of Representatives shall appoint 3 members. (C) The Minority Leader of the House of Representatives shall appoint 3 members. (D) The Majority Leader of the Senate shall appoint 3 members. (E) The Minority Leader of the Senate shall appoint 3 members. (2) Nonvoting members.--The Comptroller General of the United States and the Director of the Congressional Budget Office shall each be nonvoting members of the Commission and shall advise and assist at the request of the Commission. (b) Limitation as to Members of Congress.--Each appointing authority described in subsection (a) who is a Member of Congress may only appoint 1 Member of Congress to the Commission. (c) Date for Original Appointment.--The appointing authorities described in subsection (a) shall appoint the initial members of the Commission not later than 30 days after the date of enactment of this Act. (d) Terms.-- (1) In general.--The term of each member is for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after such vacancy occurs and in the manner in which the original appointment was made. (e) Pay and Reimbursement.-- (1) No compensation for members of commission.--Except as provided in paragraph (2), a member of the Commission may not receive pay, allowances, or benefits by reason of their service on the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of substinence under subchapter I of chapter 57 of title 5, United States Code. (f) Meetings.--The Commission shall meet upon the call of the chairperson or a majority of its voting members. (g) Quorum.--Six voting members of the Commission shall constitute a quorum, but a lesser number may hold hearings. SEC. 8. 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) 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 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. 9. 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. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 10. TERMINATION. The Commission shall terminate 60 days after submitting its legislative proposal. SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESIDENT. The President may, not later than 60 days after the Commission submits its legislative proposal, submit to Congress an alternative to the legislative proposal submitted by the Commission. SEC. 12. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE COMMITTEE ON THE BUDGET. The Committee on the Budget of either House may, in consultation with the relevant committees of their respective House and not later than 60 days after the Commission submits its legislative proposal, have published in the Congressional Record an alternative to the legislative proposal submitted by the Commission. SEC. 13. CONSIDERATION OF LEGISLATION. (a) Introduction.--On the first legislative day after the Commission submits its legislative proposal, the Speaker of the House of Representatives and the Majority Leader of the Senate shall introduce (by request) the legislation submitted by the Commission. (b) In the House of Representatives.-- (1) Privileged consideration.--In the House of Representatives, if a committee to which the legislation has been referred has not reported the legislation before the expiration of the 60-day period described in section 12, then-- (A) that committee shall be discharged from consideration of the legislation; (B) the legislation shall be placed on the appropriate calendar; and (C) a motion to proceed to the consideration of the legislation is highly privileged and is not debatable. (2) Amendments limited.-- (A) In general.--Except as provided in subparagraph (B), an amendment to the legislation may not be offered in the House of Representatives. (B) Permitted amendments.--(i) Any Member may offer, as an amendment in the nature of a substitute, the alternative legislative proposal submitted by the President. (ii) Any Member may offer, as an amendment in the nature of a substitute, the alternative legislative proposal submitted by the Commission. (iii) The chairman of the House Committee on the Budget may offer, as an amendment in the nature of a substitute, the alternative legislative proposal published in the Congressional Record by the House Committee on the Budget. (C) Points of order.--An amendment offered under subparagraph (B) is subject to a point of order if-- (i) the amendment is not accompanied by a long-term CBO cost estimate of the amendment; or (ii) the long-term CBO cost estimate of the amendment exceeds the long-term CBO cost estimate of the legislative proposal submitted by the Commission. (D) Multiple amendments.--If more than one amendment is offered under this paragraph, then each amendment shall be considered separately, and the amendment receiving both a majority and the highest number of votes shall be the amendment adopted. (c) In the Senate.-- SEC. 14. LONG-TERM CBO COST ESTIMATE. (a) Preparation and Submission.--When the Commission, the President, or the chairman of the Committee on the Budget of either House submits a written request to the Director of the Congressional Budget Office for a long-term CBO cost estimate of legislation proposed under this Act or an amendment referred to in section 13(b)(2)(B), the Director shall prepare the estimate and have it published in the Congressional Record as expeditiously as possible. (b) Content.--A long-term CBO cost estimate shall include-- (1) an estimate of the cost of each provision of the legislation or amendment for first fiscal year it would take effect and for each of the 50 fiscal years thereafter; and (2) a statement of any estimated future costs not reflected by the estimate described in paragraph (1).

Securing America's Future Economy Commission Act, or SAFE Commission Act - Establishes the Securing America's Future Economy (SAFE) Commission to develop legislation designed to address: (1) the unsustainable imbalance between long-term federal spending commitments and projected revenues; (2) increases in net national savings to provide for domestic investment and economic growth; (3) the implications of foreign ownership of debt instruments issued by the federal government; and (4) revision of the budget process to place greater emphasis on long-term fiscal issues. Requires the Commission to: (1) develop one or two methods for estimating the cost of legislation as an alternative to the current Congressional Budget Office (CBO) method; and (2) hold at least one town-hall style public hearing within each federal reserve district. Requires the Commission to submit a legislative proposal to Congress and the President. Authorizes the President to submit to Congress an alternative proposal. Authorizes the Committee on the Budget of either Chamber to publish its own alternative proposal in the Congressional Record. Sets forth procedures for consideration of such legislation. Requires CBO to prepare a long-term cost estimate and have it published in the Congressional Record as expeditiously as possible whenever requested to do so by the Commission, the President, or the chairman of the Committee on the Budget of either Chamber.

To establish a commission to develop legislation designed to reform tax policy and entitlement benefit programs and ensure a sound fiscal future for the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Accountability and Recovery Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Adaptive management.--The term ``adaptive management'' means a type of natural resource management in which project and program decisions are made as part of an ongoing, science- based process that-- (A) includes testing, monitoring, and evaluating applied strategies and incorporating new knowledge into programs and restoration activities that are based on scientific findings and the needs of society; and (B) uses the results of the activities described in subparagraph (A) to modify management policies, strategies, practices, programs, and restoration activities. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Chesapeake bay state.--The term ``Chesapeake Bay State'' or ``State'' means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia and Pennsylvania, and the District of Columbia. (4) Chesapeake bay watershed.--The term ``Chesapeake Bay watershed'' means the Chesapeake Bay and the geographic area within the Chesapeake Bay States, consisting of 36 tributary basins, through which precipitation drains into the Chesapeake Bay, as determined by the Secretary of the Interior. (5) Chesapeake executive council.--The term ``Chesapeake Executive Council'' has the meaning given the term by section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d). (6) Chief executive.--The term ``chief executive'' means, in the case of a State or Commonwealth, the Governor of each State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. (7) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (8) Restoration activity.-- (A) In general.--The term ``restoration activity'' means any Federal or State program or project that directly or indirectly protects, conserves, or restores living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. (B) Inclusions.--The term ``restoration activity'' includes any 1 or more of the following: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure Development. SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. (a) Crosscut Budget.--The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall annually submit to Congress a financial report containing-- (1) an interagency crosscut budget that displays-- (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intraagency transfer, for each Federal agency that carries out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 3 fiscal years, the current fiscal year, and the succeeding fiscal year; and (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); (2) a detailed accounting of all amounts received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of amounts that were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all amounts received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including the-- (A) project description; (B) current status of the project; (C) Federal or State statutory or regulatory authority, program, or responsible agency; (D) authorization level for appropriations; (E) project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) adaptive management actions or framework; (I) coordinating entities; (J) funding history; (K) cost-sharing, if any; and (L) alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities. (b) Minimum Funding Levels.--The Director shall only describe restoration activities in the report required under subsection (a) that-- (1) for Federal restoration activities, have funding amounts greater than or equal to $100,000; and (2) for State restoration activities, have funding amounts greater than or equal to $50,000. (c) Submission.--Not later than 30 days after the date on which the President submits the annual budget to Congress under section 1105 of title 31, United States Code, the Director shall submit the report required by subsection (a) to-- (1) the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives; and (2) the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (d) Effective Date.--This section shall apply beginning with the first fiscal year after the date of enactment of this Act for which the President submits a budget to Congress under section 1105 of title 31, United States Code. SEC. 4. ADAPTIVE MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with appropriate Federal and State agencies, shall develop and implement an adaptive management plan for restoration activities in the Chesapeake Bay watershed that includes-- (1) a description of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain the specific and measurable objectives set forth under paragraph (1); and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. (b) Updates.--The Administrator shall update the adaptive management plan developed under subsection (a) every 3 years. (c) Report to Congress.-- (1) In general.--Not later than 60 days after the end of each fiscal year, the Administrator shall submit to Congress a report describing the implementation of the adaptive management plan required under this section for that fiscal year. (2) Contents.--The report required under paragraph (1) shall contain information about the application of adaptive management to restoration activities and programs, including programmatic and project level changes implemented through the process of adaptive management. (3) Effective date.--Paragraph (1) shall apply to the first fiscal year that begins after the date of enactment of this Act. SEC. 5. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM. (a) In General.--There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on-- (1) restoration activities and the use of adaptive management in restoration activities; and (2) any related topics that are suggested by the Chesapeake Executive Council. (b) Appointment.-- (1) In general.--The Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council. (2) Nominations.--The Chesapeake Executive Council may submit to the Administrator 4 nominees for appointment to any vacancy in the office of the Independent Evaluator. (c) Reports.--The Independent Evaluator shall submit a report to Congress describing the findings and recommendations of the Independent Evaluator under subsection (a) every 3 years.

Chesapeake Bay Accountability and Recovery Act of 2011 - Requires the Director of the Office of Management and Budget (OMB), in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay state, and the Chesapeake Bay Commission, to submit annually to Congress a financial report containing: (1) an interagency crosscut budget for restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; (2) an accounting of amounts received and obligated by each federal agency for restoration activities; (3) an accounting from each state of all amounts received and obligated from a federal agency for restoration activities; and (4) a description of each of the proposed federal and state restoration activities. Requires: (1) such report to describe only federal restoration activities that have funding amounts of at least $100,000 and state recstoration activities that have funding amounts of at least $50,000; and (2) the Director to submit the report no later than 30 days after the submission of the President's annual budget to Congress. Requires the Administrator of the Environmental Protection Agency (EPA) to develop, implement, and update every three years an adaptive management plan for restoration activities in the Chesapeake Bay watershed that includes: (1) a description of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain such objectives; and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. Sets forth reporting requirements. Requires the Administrator to report annually to Congress on the Plan. Requires an Independent Evaluator for the Chesapeake Bay watershed, who shall review and report to Congress every three years on restoration activities and the use of adaptive management in such activities and any related topics that are suggested by the Council. Requires the Evaluator to be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council.

A bill to require the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection Agency to develop and implement an adaptive management plan, and for other purposes.

SECTION 1. CONVEYANCE OF FACILITIES. (a) Definitions.--In this section: (1) Burley.--The term ``Burley'' means the Burley Irrigation District, an irrigation district organized under the law of the State of Idaho. (2) Division.--The term ``Division'' means the Southside Pumping Division of the Minidoka project, Idaho. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Conveyance.-- (1) In general.--The Secretary shall, without consideration or compensation except as provided in this section, convey to Burley, by quitclaim deed or patent, all right, title, and interest of the United States in and to acquired lands, easements, and rights-of- way of or in connection with the Division, together with the pumping plants, canals, drains, laterals, roads, pumps, checks, headgates, transformers, pumping plant substations, buildings, transmission lines, and other improvements or appurtenances to the land or used for the delivery of water from the headworks (but not the headworks themselves) of the Southside Canal at the Minidoka Dam and reservoir to land in Burley, including all facilities used in conjunction with the Division (including the electric transmission lines used to transmit electric power for the operation of the pumping facilities of the Division and related purposes for which the allocable construction costs have been fully repaid by Burley). (2) Costs.--The first $80,000 in administrative costs of transfer of title and related activities shall be paid in equal shares by the United States and Burley, and any additional amount of administrative costs shall be paid by the United States. (c) Water Rights.-- (1) Transfer.--(A) Subject to subparagraphs (B) and (C), the Secretary shall transfer to Burley, through an agreement among Burley, the Minidoka Irrigation district, and the Secretary, in accordance with and subject to the law of the State of Idaho, all natural flow, waste, seepage, return flow, and groundwater rights held in the name of the United States-- (i) for the benefit of the Minidoka Project or specifically for the Burley Irrigation District; (ii) that are for use on lands within the Burley Irrigation District; and (iii) which are set forth in contracts between the United States and Burley or in the decree of June 20, 1913 of the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Twin Falls, in the case of Twin Falls Canal Company v. Charles N. Foster, et al., and commonly referred to as the ``Foster decree''. (B) Any rights that are presently held for the benefit of lands within both the Minidoka Irrigation District and the Burley Irrigation District shall be allotted in such manner so as to neither enlarge nor diminish the respective rights of either district in such water rights as described in contracts between Burley and the United States. (C) The transfer of water rights in accordance with this paragraph shall not impair the integrated operation of the Minidoka Project, affect any other adjudicated rights, or result in any adverse impact on any other project water user. (2) Allocation of storage space.--The Secretary shall provide an allocation to Burley of storage space in Minidoka Reservoir, American Falls Reservoir, and Palisades Reservoir, as described in Burley Contract Nos. 14-06-100-2455 and 14-06-W-48, subject to the obligation of Burley to continue to assume and satisfy its allocable costs of operation and maintenance associated with the storage facilities operated by the Bureau of Reclamation. (d) Project Reserved Power.--The Secretary shall continue to provide Burley with project reserved power from the Minidoka Reclamation Power Plant, Palisades Reclamation Power Plant, Black Canyon Reclamation Power Plant, and Anderson Ranch Reclamation Power Plant in accordance with the terms of the existing contracts, including any renewals thereof as provided in such contracts. (e) Savings.-- (1) Nothing in this Act or any transfer pursuant thereto shall affect the right of Minidoka Irrigation District to the joint use of the gravity portion of the Southside Canal, subject to compliance by the Minidoka Irrigation District with the terms and conditions of a contract between Burley and Minidoka Irrigation District, and any amendments or changes made by agreement of the irrigation districts. (2) Nothing in this Act shall affect the rights of any person or entity except as may be specifically provided herein. (f) Liability.--Effective on the date of conveyance of the project facilities, described in section (1)(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed facilities, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). (g) Completion of Conveyance.-- (1) In general.--The Secretary shall complete the conveyance under subsection (b) (including such action as may be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) not later than 2 years after the date of enactment of this Act. (2) Report.--The Secretary shall provide a report to the Committee on Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate within eighteen months from the date of enactment of this Act on the status of the transfer, any obstacles to completion of the transfer as provided in this section, and the anticipated date for such transfer. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Interior to convey to Burley Irrigation District, by quitclaim deed or patent, acquired lands, easements, and rights-of-way of the Southside Pumping Division of the Minidoka Project, Idaho, together with improvements or appurtenances to the land or used for the delivery of water from the headworks of the Southside Canal at the Minidoka Dam and reservoir to the land within the District, including all facilities used in conjunction with the Division (including the electric transmission lines used for the operation of the pumping facilities of the Project for which allocable construction costs have been fully repaid). Requires the first $80,000 in administrative costs of such transfer and related activities to be equally shared between the United States and the District, with any additional adminstrative costs to be paid by the United States. Requires the Secretary to transfer to the District all natural flow, waste, seepage, return flow and groundwater rights held by the United States: (1) for the benefit of the Project or the District; (2) for use on the land within the District; and (3) which are set forth in contracts between the United States and the District or in the Foster decree. Directs the Secretary to provide an allocation of storage space in Minidoka, American Falls, and Palisades reservoirs to the District in accordance with the terms of specified contracts, subject to the requirement that the District continue to assume its allocable costs of operation and maintenance associated with such storage facilities. Requires the Secretary to continue to provide the District with project reserve power from specified power plants. States that this Act shall not affect the right of Minidoka Irrigation District to joint use of the gravity portion of the Southside Canal. Requires the Secretary to complete the transfer no later than two years after the enactment of this Act. Requires a report from the Secretary to specified congressional committees on the status of the transfer, any transfer obstacles, and the anticipated transfer completion date.

A bill to authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Minority Women Health Act''. SEC. 2. EXCEPTION TO AFDC INCOME AND RESOURCES ATTRIBUTION RULE FOR CERTAIN BATTERED ALIENS. (a) In General.--Section 415(f) of the Social Security Act (42 U.S.C. 615(f)) is amended-- (1) in the matter preceding paragraph (1), by striking ``who is--'' and inserting ``who--''; (2) in each of paragraphs (1) and (2), by inserting ``is'' before ``admitted''; (3) in paragraph (3), by inserting ``is'' before ``paroled''; (4) in paragraph (4)-- (A) by inserting ``is'' before ``granted''; and (B) by striking ``or'' at the end; (5) in paragraph (5)-- (A) by inserting ``is'' before ``a Cuban''; and (B) by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following: ``(6) is battered by, or is the subject of extreme cruelty (including physical acts resulting in physical injury or a threat of physical injury, sexual abuse, rape, or mental abuse) perpetrated by, the spouse or other person who executed the affidavit of support or similar agreement referred to in subsection (a) with respect to the alien, but only after the first day on which the battery or cruelty occurs after the alien enters into the United States; or ``(7) is a dependent child, and a relative with whom the child is living is battered by, or is the subject of extreme cruelty (including physical acts resulting in physical injury or a threat of physical injury, sexual abuse, rape, or mental abuse) perpetrated by, the parent or other person who executed the affidavit of support or similar agreement referred to in subsection (a) with respect to the alien, but only after the first day on which the battery or cruelty occurs after the alien enters into the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE FOOD STAMP ACT OF 1977. (a) In General.--Section 5(i) of the Food Stamp Act of 1977 (7 U.S.C. 2014(i)) is amended by adding at the end the following: ``(F) If an alien is battered by the alien's sponsor, or is the subject of extreme cruelty perpetrated by the sponsor, after such alien enters the United States, then after the date the battery or cruelty occurs, this subsection (other than subparagraph (E) of paragraph (2)) shall not apply with respect to such alien and to any child of such alien less than 18 years of age and residing with such alien.''. (b) The amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. SEC. 4. REQUIRING CERTAIN RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE TO HAVE PERSONNEL AVAILABLE WHO SPEAK PREDOMINANT LANGUAGE USED IN AREA. (a) Providers of Obstetrical and Gynecological Services.-- (1) Medicaid.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) by striking ``or'' at the end of paragraph (14); (B) by striking the period at the end of paragraph (15) and inserting ``; or''; and (C) by inserting after paragraph (15) the following new paragraph: ``(16) with respect to any amount expended for obstetrical or gynecological services furnished by or through a hospital, clinic, or other institutional provider, unless the hospital, clinic, or provider has available at least one individual who is able to communicate in the predominant language used by residents of the area in which the hospital, clinic, or provider is located (as determined by the Secretary on the basis of information provided by the Secretary of Commerce pursuant to the most recent decennial census).''. (2) Family planning services.--Section 1001 of the Public Health Service Act (42 U.S.C. 300) is amended-- (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following subsection: ``(c) The Secretary may make a grant under this section only if the applicant involved agrees to ensure that, of the individuals providing services under the grant, at least one will be an individual who is able to communicate in the predominant language used by residents of the area in which the family planning project involved is located (as determined by the Secretary on the basis of information provided by the Secretary of Commerce pursuant to the most recent decennial census).''. (3) Effective date.--The amendments made by this subsection shall apply to services furnished on or after October 1, 1996. (b) Domestic Violence Shelters.-- (1) In general.--The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following new section: ``SEC. 319. AVAILABILITY OF BILINGUAL SERVICES. ``No funds may be made available under this title for any provider of shelter or related assistance unless the provider has available at least one individual who is able to communicate in the predominant language used by residents of the area in which the provider is located (as determined by the Secretary on the basis of information provided by the Secretary of Commerce pursuant to the most recent decennial census).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to funds made available on or after October 1, 1996. SEC. 5. STUDY REGARDING DOMESTIC VIOLENCE AND LATINA WOMEN. (a) In General.--With respect to cases of domestic violence in which Latina women are the victims, the Secretary of Health and Human Services, in consultation with the Attorney General of the United States, shall conduct a study for the following purposes: (1) To determine the incidence of such cases, and to provide a comparison of such estimate with the relevant incidence for other populations of women (utilizing existing data regarding such other populations). (2) To determine whether and to what extent the causes and effects for such cases are different than for cases of domestic violence in which other populations of women are the victims (utilizing existing data regarding such other populations). (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report describing the findings made in the study under subsection (a).

Fairness to Minority Women Health Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act and the Food Stamp Act of 1977 to exempt aliens and their children from provisions attributing to the alien the income and resources of the sponsor and the sponsor's spouse if the alien is battered by, or the subject of extreme cruelty by, the person who executed the affidavit of support or similar agreement regarding the alien. Amends title XIX (Medicaid) of the Social Security Act to prohibit payments to States for obstetrical or gynecological services unless the hospital, clinic, or provider has available at least one individual who is able to communicate in the predominant language used by residents of the area. Amends the Public Health Service Act to allow grants (under existing provisions) for family planning projects only if the service providers under the grant have at least one such individual. Amends the Family Violence Prevention and Services Act to prohibit making funds available under the Act unless providers of shelter or related assistance have at least one such individual. Mandates a study and report regarding domestic violence in which Latina women are the victims.

Fairness to Minority Women Health Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Contractors Improve Competition Act of 2015''. SEC. 2. LIMITATIONS ON REVERSE AUCTIONS. (a) Sense of Congress.--It is the sense of Congress that, when used appropriately, reverse auctions may improve procurement by the Federal Government of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. (b) Limitations on Reverse Auctions.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. LIMITATIONS ON REVERSE AUCTIONS FOR COVERED CONTRACTS. ``(a) Definitions.--In this section-- ``(1) the term `contracting officer' has the meaning given the term in section 2101 of title 41, United States Code; ``(2) the term `covered contract' means a contract-- ``(A) for design and construction services; ``(B) for goods purchased to protect Federal employees, members of the Armed Forces, or civilians from bodily harm; or ``(C) for goods or services other than those goods or services described in subparagraph (A) or (B)-- ``(i) to be awarded based on factors other than price and technical responsibility; or ``(ii) if awarding the contract requires the contracting officer to conduct discussions with the offerors about their offer; ``(3) the term `design and construction services' means-- ``(A) site planning and landscape design; ``(B) architectural and interior design; ``(C) engineering system design; ``(D) performance of construction work for facility, infrastructure, and environmental restoration projects; ``(E) delivery and supply of construction materials to construction sites; ``(F) construction, alteration, or repair, including painting and decorating, of public buildings and public works; and ``(G) architectural and engineering services, as defined in section 1102 of title 40, United States Code; ``(4) the term `responsible source' has the meaning given the term in section 113 of title 41, United States Code; and ``(5) the term `reverse auction', with respect to procurement by an agency, means an auction between a group of offerors who compete against each other by submitting offers for a contract or task or delivery order with the ability to submit revised offers with lower prices throughout the course of the auction. ``(b) Prohibition on Using Reverse Auctions for Covered Contracts.--In the case of a covered contract, a reverse auction may not be used if the award of the covered contract is to be made under-- ``(1) section 8(a); ``(2) section 8(m); ``(3) section 15(a); ``(4) section 15(j); ``(5) section 31; or ``(6) section 36. ``(c) Limitations on Using Reverse Auctions.--In the case of the award of a contract made under a provision of law described in paragraphs (1) through (6) of subsection (b) that is not a covered contract, a reverse auction may be used for the award of such a contract only if the following requirements are met: ``(1) Decisions regarding use of a reverse auction.-- Subject to paragraph (2), the following decisions with respect to such a contract shall only be made by a contracting officer: ``(A) A decision to use a reverse auction as part of the competition for award of such a contract. ``(B) Any decision made after the decision described in subparagraph (A) regarding the appropriate evaluation criteria, the inclusion of vendors, the acceptability of vendor submissions (including decisions regarding timeliness), and the selection of the winner. ``(2) Training required.-- ``(A) In general.--Only a contracting officer who has received training on the appropriate use and supervision of reverse auctions may use or supervise a reverse auction for the award of such a contract. ``(B) Training.--The training described in subparagraph (A) shall be provided by, or similar to the training provided by, the Defense Acquisition University as described in section 824 of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113- 291; 127 Stat. 3436) (10 U.S.C. 2304 note). ``(3) Number of offers; revisions to bids.--A Federal agency may not award such a contract using a reverse auction if-- ``(A) only 1 offer is received; or ``(B) offerors do not have the ability to submit revised bids with lower prices throughout the course of the auction. ``(4) Technically acceptable offers.--A Federal agency awarding such a contract using a reverse auction shall evaluate the technical acceptability of offers only as technically acceptable or unacceptable. ``(5) Use of price rankings.--A Federal agency may not award such a contract using a reverse auction if at any time during the procurement process the Federal agency misinforms an offeror about the price ranking of the last offer of the offeror submitted in relation to offers submitted by other offerors. ``(6) Use of third-party agents.--If a Federal agency uses a third-party agent to assist with the award of such a contract using a reverse auction, the Federal agency shall ensure that-- ``(A) inherently governmental functions are not performed by private contractors, including by the third-party agent; ``(B) information on the past contract performance of offerors created by the third-party agent and shared with the Federal agency is collected, maintained, and shared in compliance with section 1126 of title 41, United States Code; ``(C) information on whether an offeror is a responsible source that is created by the third-party agent and shared with the Federal agency is shared with the offeror and complies with section 8(b)(7); and ``(D) disputes between the third-party agent and an offeror may not be used to justify a determination that an offeror is not a responsible source or to otherwise restrict the ability of an offeror to compete for the award of a contract or task.''. SEC. 3. SURETY BOND REQUIREMENTS AND AMOUNT OF GUARANTEE. (a) Surety Bond Requirements.--Chapter 93 of title 31, United States Code, is amended-- (1) by adding at the end the following: ``Sec. 9310. Individual sureties ``If another applicable Federal law or regulation permits the acceptance of a bond from a surety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the surety, the assets pledged by such surety shall-- ``(1) consist of eligible obligations described under section 9303(a); and ``(2) be submitted to the official of the Government required to approve or accept the bond, who shall deposit the obligations as described under section 9303(b).''; and (2) in the table of sections, by adding at the end the following: ``9310. Individual sureties.''. (b) Amount of Surety Bond Guarantee From Small Business Administration.--Section 411(c)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(c)(1)) is amended by striking ``70'' and inserting ``90''. (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act.

Small Contractors Improve Competition Act of 2015 (Sec. 2) This bill expresses the sense of Congress that, when used appropriately, with respect to federal agency procurement, an auction between a group of offerors who compete against each other by submitting offers for a contract or task or delivery order with the ability to submit revised offers with lower prices throughout the course of the auction (reverse auction) may improve the federal government's procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. The Small Business Act is amended to prohibit the use of reverse auctions for certain Small Business Administration (SBA) federal procurement contracts (covered contracts) for: design and construction services; goods purchased to protect federal employees, members of the Armed Forces, or civilians from bodily harm; or goods or services other than these to be awarded based on factors other than price and technical responsibility, or if awarding the contract requires the contracting officer to conduct discussions with the offerors about their offer. This prohibition applies specifically to any covered contract to be made under the procurement programs for women-owned small business concerns and for small business concerns owned and controlled by service-disabled veterans, as well as under the Historically Underutilized Business Zone (HUBZone) program. In the case of an award of a non-covered contract, a reverse auction may be used for the award only if specified decisions are made by a contracting officer trained on the appropriate use and supervision of reverse auctions for such contracts. A federal agency may not award such a contract using a reverse auction if: only one offer is received; offerors do not have the ability to submit revised bids with lower prices throughout the course of the auction; or at any time during the procurement process the federal agency misinforms an offeror about the price ranking of the last offer submitted by an offeror. (Sec. 3) If another applicable federal law or regulation permits the acceptance of a bond from a surety not subject to certain federal requirements for surety corporations, and is based on a pledge of assets by the surety, the assets pledged by such surety shall: consist of specified eligible obligations; and be submitted to the government official required to approve or accept the bond, who shall deposit the obligations according to specified requirements. The Small Business Investment Act of 1958 is amended with respect to any SBA guarantee or agreement to indemnify a surety under the Small Business Investment Program against loss from a breach of the terms of a bid bond, payment bond, performance bond, or ancillary bonds by a principal on any total work order or contract amount at the time of bond execution that does not exceed $6.5 million, as adjusted for inflation. Increases from 70% to 90% of the loss incurred and paid by a surety authorized to issue bonds (subject to SBA guarantee) the SBA's maximum obligation to pay the surety under the guarantee or agreement to indemnify.

Small Contractors Improve Competition Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Health Plan Act of 2013''. SEC. 2. CHURCH PLANS AS QUALIFIED HEALTH PLANS. (a) In General.--Section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)) 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) Inclusion of qualified church plans.-- ``(A) In general.--Any reference in this title to a qualified health plan shall be deemed to include a qualified church plan, unless specifically provided for otherwise. ``(B) Requirements of qualified church plans.--A qualified church plan is a church plan, as defined in section 414(e) of the Internal Revenue Code of 1986, that-- ``(i) is a welfare plan, as defined in section 2(c) of Public Law 106-244, and provides health care coverage for the employees of ten or more eligible common law employers, and if a majority of employees covered by the plan are employees of churches or qualified church-controlled organizations within the meaning of sections 3121(w)(3) (A) and (B) of the Internal Revenue Code of 1986, respectively; ``(ii) provides an essential health benefits package, as defined in section 1302(a); ``(iii) complies with the requirements under sections 2703, 2706, 2708, 2709, 2711, 2712, 2713, 2714, 2715, 2719, and 2719A of the Public Health Service Act; ``(iv) prohibits exclusions based on preexisting conditions or other health status, and prohibits discrimination against individual participants and beneficiaries based on health status for the purposes of enrollment, within the meaning of sections 2704 and 2705 of the Public Health Service Act, except as provided under subparagraph (C)(ii); and ``(v) limits, on average, the ratio of incurred losses plus loss adjustment expenses to earned premiums, within the meaning of section 2718 of the Public Health Service Act, as calculated across the entire church plan, except that, for purposes of this paragraph, earned premiums include payments by, or on behalf of, employees of a church, as defined in 414(e)(3)(B) of the Internal Revenue Code of 1986. ``(C) Exclusion of qualified church plans from american health benefit exchanges.-- ``(i) In general.--A qualified church plan may not participate in an American Health Benefit Exchange established by a State under section 1311(b) or by the Secretary of Health and Human Services (referred to in this paragraph as the `Secretary') under 1321(c). The Secretary shall not assess a charge or make a payment to a qualified church plan to reflect actuarial risk pursuant to section 1343, and a qualified church plan shall be exempt from any other subsidies, payments, or requirements under this Act that apply to qualified health plans offered on American Health Benefit Exchanges, except as provided by this paragraph. ``(ii) Premiums.--A qualified church plan may differentiate premiums using methods and criteria consistent with those that the Secretary uses to assess charges and payments to other qualified health plans based on the actuarial risks of enrollees of such plans pursuant to section 1343 and those described in section 422.308 of title 42, Code of Federal Regulations. A qualified church plan may develop additional methods and criteria to define and account for the actuarial risk associated with the prohibition against qualified church plans enrolling a larger number and more diverse pool of enrollees as long as such additional methods and criteria are not inconsistent with the risk adjusters described in section 1343 and those described in section 422.308 of title 42, Code of Federal Regulations. ``(D) Deemed status of qualified church plans.--A qualified church plan shall be deemed to be-- ``(i) minimum essential coverage under an eligible employer-sponsored plan, as defined under section 5000A(f)(2) of the Internal Revenue Code of 1986; and ``(ii) for the purposes of subparagraph (F), equivalent to a health plan offered through an American Health Benefit Exchange, within the meaning of section 1311(b). ``(E) Employers participating in qualified church plans.-- ``(i) Eligible small employers.--An employer participating in a qualified church plan shall be deemed an eligible small employer under section 45R(d) of the Internal Revenue Code of 1986, if-- ``(I) the employer has not more than 25 full-time equivalent employees, as defined under section 45R(d)(2) of the Internal Revenue Code of 1986, for the taxable year; and ``(II) the average annual wages of such full-time equivalent employees do exceed an amount equal to twice the dollar amount in effect under section 45R(d)(3)(B) of the Internal Revenue Code of 1986 for the taxable year, and if no employee of the employer who is enrolled in the qualified church plan receives premium tax credits or reductions in cost-sharing under subparagraph (F). ``(ii) No exclusion from wages.--Any employer participating in a qualified church plan shall not exclude from wages and other compensation, for any individual receiving premium tax credits under section 1401, any employer contribution for minimum essential coverage under a qualified church plan under section 106 of the Internal Revenue Code of 1986. ``(iii) Employers participating in qualified church plans.--Any employer participating in a qualified church plan shall be deemed to be a `religious employer' as defined in section 147.131 of title 45, Code of Federal Regulations. ``(F) Premium tax credits, reductions in cost- sharing, and qualified church plans.--An individual receiving minimum essential coverage under a qualified church plan-- ``(i) shall be deemed to satisfy the individual responsibility requirements under section 5000A of the Internal Revenue Code of 1986; ``(ii) shall be deemed to qualify as an applicable taxpayer eligible to receive premium tax credits under section 1401, if the individual's household income for the taxable year equals or exceeds 100 percent but does not exceed 400 percent of an amount equal to the poverty line for a family of the size involved; and ``(iii) shall be deemed to qualify as an eligible insured eligible to receive reductions in cost-sharing under section 1402(b), if the individual's household income exceeds 100 percent but does not exceed 400 percent of the poverty line for a family of the size involved. ``(G) Regulations.--The Secretary and the Secretary of the Treasury shall promulgate regulations-- ``(i) under subparagraph (E) to ensure that an eligible small employer offering a qualified church plan receives the same tax credit as any other eligible small employer under section 45R of the Internal Revenue Code of 1986; ``(ii) under subparagraph (F)(ii) to ensure that an applicable taxpayer receiving minimum essential coverage under a qualified church plan receives the same premium tax credit as any other applicable taxpayer under section 1401; ``(iii) under subparagraph (F)(iii) to ensure that an eligible insured receiving minimum essential coverage under a qualified church plan receives the same reduction in cost-sharing as any other eligible insured under section 1402; and ``(iv) providing church plans sufficient opportunity to make appropriate transitions in order to meet the definition of qualified church plan under subparagraph (B).''. (b) Effective Date.--The amendments made by this Act shall take effect as if enacted as part of the Patient Protection and Affordable Care Act (Public Law 111-148).

Church Health Plan Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to include qualified church plans, established and maintained for employees or their beneficiaries, by a church or by a convention or association of churches, as qualified health plans that provide essential health benefits packages. Excludes such plans from participation in American Health Benefits Exchanges established by states. Allows such plans to: (1) differentiate premiums using methods and criteria consistent with those used to assess charges and payments to other qualified health plans based on PPACA risk adjustment requirements and regulations concerning rates and payments, and (2) develop additional methods and criteria to define and account for the actuarial risk associated with the prohibition against qualified church plans enrolling a larger number and more diverse pool of enrollees as long as such additional methods and criteria are consistent with the risk adjustment methods. Provides standards for deeming an employer participating in such a plan as an eligible small employer for purposes of the income tax credit for employee health insurance expenses. Deems an individual receiving minimum essential coverage under such a plan to: (1) satisfy the individual responsibility requirements of the Internal Revenue Code, and (2) qualify for premium tax credits and reductions in cost-sharing if the household income requirements are met.

Church Health Plan Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Road Usage Fee Pilot Program Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The 2009 report of the National Surface Transportation Infrastructure Financing Commission recommends a transition away from the fuel tax to a more stable funding source, noting that a mileage-based fee system is the consensus choice for policy leaders. (2) The 2008 report of the National Surface Transportation and Revenue Study Commission recommends further study of the implementation of mileage-based fee systems at the State level and of their compatibility with a national revenue system, noting that in the long run, a mileage-based fee system seems the most likely and appropriate method to be implemented. (3) According to the Congressional Budget Office, the revenue raised from the gas tax since its last increase in 1992 has lost over one-third of its purchasing power due to increasing fuel efficiency, changing transportation patterns, and inflation. (4) By 2030, the corporate average fuel economy standards will have reduced Highway Trust Fund receipts by more than 20 percent. (5) The fuel tax revenue mechanism results in some industries paying more than their commensurate road use. (6) Since 1990, while gas tax revenues have consistently decreased, the number of vehicle miles traveled nationally has consistently increased. SEC. 3. ROAD USAGE FEE PILOT PROGRAM. (a) Establishment.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall establish a competitive grant program to be known as the Road Usage Fee Pilot Program (in this Act referred to as the ``Program'') to make grants to eligible entities to-- (1) conduct pilot studies of methods for recording and reporting the number of miles traveled by particular vehicles; (2) conduct pilot studies of payment, enforcement, and privacy protection methods for mileage-based fee systems; and (3) implement mileage-based fee systems in jurisdictions that have adopted a plan for such systems. (b) Application Required.--To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Selection of Pilot Studies.--In awarding grants under the Program, the Secretary shall select pilot studies that, in combination, explore means to address the following concerns: (1) Protection of personal privacy. (2) Ease of public compliance. (3) Level of public acceptance. (4) Geographic and income equity. (5) Integration with State and local transportation revenue mechanisms. (6) Administrative issues. (7) Cost. (8) Enforcement issues. (9) Potential for fraud or evasion. (10) Feasibility of implementation. (d) Priority.--In awarding grants under the Program, the Secretary shall give priority to pilot studies that-- (1) serve as a model for broad implementation of a mileage- based fee system; (2) address concerns of rural and urban user equity; (3) involve multistate projects; (4) have a high volume of enrolled vehicles; (5) integrate with State and local revenue systems; (6) integrate with local demand management plans; (7) are likely to lead to implementation of mileage-based fee systems, dependent on the results of the program; (8) integrate with other intelligent transportation system technologies; and (9) test the proposed revenue collection system by collecting and distributing revenue. (e) Required Minimum Funds for Planning Organizations.--In awarding grants under the Program, the Secretary shall ensure that not less than 10 percent of funds available under the Program in a fiscal year are reserved for pilot studies carried out in conjunction with metropolitan planning organizations or regional transportation planning organizations. (f) Cost Sharing.--An eligible entity that receives a grant under this Act shall provide funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the entity to carry out the activities supported by the grant. SEC. 4. WORKING GROUPS. (a) Establishment.--The Secretary, in consultation with the Secretary of Transportation, shall establish the following working groups: (1) A technology and privacy working group that shall-- (A) evaluate the technology platforms and standards used in the Program; (B) develop national technology standards and make recommendations to provide consistency in transportation data laws; and (C) balance the effectiveness of revenue systems with user privacy. (2) A transportation system and equity working group that shall evaluate the costs of collection and administration of methods studied in the Program and the success of such methods in achieving rural and urban user equity. (3) An environmental working group that shall evaluate the potential of the methods studied in the Program to manage demand and to reduce the emission of greenhouse gases. (b) Membership.--Each of the working groups established under subsection (a) shall be comprised of at least 1 member with relevant subject-matter experience in the private sector and at least 1 member with relevant subject-matter experience in the public sector. SEC. 5. REPORTS. (a) Interim Report.--Not later than 2 years after the date of the first disbursement of funds under a grant under the Program, the Secretary shall submit to Congress an interim report describing the progress of the Program, the progress of the working groups established under section 4(a), and any data or results from the Program. (b) Final Report.--Not later than 4 years after the date of the first disbursement of funds under a grant under the Program, the Secretary shall submit to Congress a final report containing data and results from the Program, an analysis of the feasibility of each method studied to be used as a mileage-based fee system, and the evaluations done by the working groups established under section 4(a). SEC. 6. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means one or more of the following: (A) A State government or political subdivision thereof. (B) A local government or political subdivision thereof. (C) A metropolitan planning organization. (D) A regional transportation planning organization. (E) A tribal organization. (2) Metropolitan planning organization.--The term ``metropolitan planning organization'' has the meaning given that term in section 134(b) of title 23, United States Code. (3) Regional transportation planning organization.--The term ``regional transportation planning organization'' has the meaning given that term in section 134(b) of title 23, United States Code. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Grant Program.--There is authorized to be appropriated $30,000,000 to carry out section 3, to remain available until expended. (b) Working Group and Report.--There is authorized to be appropriated $2,500,000 to carry out section 4 and $2,500,000 to carry out section 5, to remain available until expended.

Road Usage Fee Pilot Program Act of 2013 - Directs the Secretary of the Treasury to establish the Road Usage Fee Pilot Program to make competitive grants to state or local governments, or metropolitan planning, regional transportation planning, or tribal organizations to conduct pilot studies on implementing mileage-based fee systems as a method for funding transportation highway projects. Directs the Secretary to establish: (1) a technology and privacy working group, (2) a transportation system and equity working group, and (3) an environmental working group.

Road Usage Fee Pilot Program Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds that-- (1) the Congress approved the Pick-Sloan Missouri River basin program by passing the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.)-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the Fort Randall and Big Bend projects are major components of the Pick-Sloan program, and contribute to the national economy by generating a substantial amount of hydropower and impounding a substantial quantity of water; (3) the Fort Randall and Big Bend projects overlie the western boundary of the Crow Creek Indian Reservation, having inundated the fertile, wooded bottom lands of the Tribe along the Missouri River that constituted the most productive agricultural and pastoral lands of the Crow Creek Sioux Tribe and the homeland of the members of the Tribe; (4) Public Law 85-916 (72 Stat. 1766 et seq.) authorized the acquisition of 9,418 acres of Indian land on the Crow Creek Indian Reservation for the Fort Randall project and Public Law 87-735 (76 Stat. 704 et seq.) authorized the acquisition of 6,179 acres of Indian land on Crow Creek for the Big Bend project; (5) Public Law 87-735 (76 Stat. 704 et seq.) provided for the mitigation of the effects of the Fort Randall and Big Bend projects on the Crow Creek Indian Reservation, by directing the Secretary of the Army to-- (A) replace, relocate, or reconstruct-- (i) any existing essential governmental and agency facilities on the reservation, including schools, hospitals, offices of the Public Health Service and the Bureau of Indian Affairs, service buildings, and employee quarters; and (ii) roads, bridges, and incidental matters or facilities in connection with such facilities; (B) provide for a townsite adequate for 50 homes, including streets and utilities (including water, sewage, and electricity), taking into account the reasonable future growth of the townsite; and (C) provide for a community center containing space and facilities for community gatherings, tribal offices, tribal council chamber, offices of the Bureau of Indian Affairs, offices and quarters of the Public Health Service, and a combination gymnasium and auditorium; (6) the requirements under Public Law 87-735 (76 Stat. 704 et seq.) with respect to the mitigation of the effects of the Fort Randall and Big Bend projects on the Crow Creek Indian Reservation have not been fulfilled; (7) although the national economy has benefited from the Fort Randall and Big Bend projects, the economy on the Crow Creek Indian Reservation remains underdeveloped, in part as a consequence of the failure of the Federal Government to fulfill the obligations of the Federal Government under the laws referred to in paragraph (4); (8) the economic and social development and cultural preservation of the Crow Creek Sioux Tribe will be enhanced by increased tribal participation in the benefits of the Fort Randall and Big Bend components of the Pick-Sloan program; and (9) the Crow Creek Sioux Tribe is entitled to additional benefits of the Pick-Sloan Missouri River basin program. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Fund.--The term ``Fund'' means the Crow Creek Sioux Tribe Infrastructure Development Trust Fund established under section 4(a). (2) Plan.--The term ``plan'' means the plan for socioeconomic recovery and cultural preservation prepared under section 5. (3) Program.--The term ``Program'' means the power program of the Pick-Sloan Missouri River basin program, administered by the Western Area Power Administration. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Crow Creek Sioux Tribe of Indians, a band of the Great Sioux Nation recognized by the United States of America. SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST FUND. (a) Crow Creek Sioux Tribe Infrastructure Development Trust Fund.-- There is established in the Treasury of the United States a fund to be known as the ``Crow Creek Sioux Tribe Infrastructure Development Trust Fund''. (b) Funding.--Beginning with fiscal year 1997, and for each fiscal year thereafter, until such time as the aggregate of the amounts deposited in the Fund is equal to $27,500,000, the Secretary of the Treasury shall deposit into the Fund an amount equal to 25 percent of the receipts from the deposits to the Treasury of the United States for the preceding fiscal year from the Program. (c) Investments.--The Secretary of the Treasury shall invest the amounts deposited under subsection (b) only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (d) Payment of Interest to Tribe.-- (1) Establishment of account and transfer of interest.--The Secretary of the Treasury shall, in accordance with this subsection, transfer any interest that accrues on amounts deposited under subsection (b) into a separate account established by the Secretary of the Treasury in the Treasury of the United States. (2) Payments.-- (A) In general.--Beginning with the fiscal year immediately following the fiscal year during which the aggregate of the amounts deposited in the Fund is equal to the amount specified in subsection (b), and for each fiscal year thereafter, all amounts transferred under paragraph (1) shall be available, without fiscal year limitation, to the Secretary of the Interior for use in accordance with subparagraph (C). (B) Withdrawal and transfer of funds.--For each fiscal year specified in subparagraph (A), the Secretary of the Treasury shall withdraw amounts from the account established under such paragraph and transfer such amounts to the Secretary of the Interior for use in accordance with subparagraph (C). The Secretary of the Treasury may only withdraw funds from the account for the purpose specified in this paragraph. (C) Payments to tribe.--The Secretary of the Interior shall use the amounts transferredunder subparagraph (B) only for the purpose of making payments to the Tribe. (D) Use of payments by tribe.--The Tribe shall use the payments made under subparagraph (C) only for carrying out projects and programs pursuant to the plan prepared under section 5. (3) Prohibition on per capita payments.--No portion of any payment made under this subsection may be distributed to any member of the Tribe on a per capita basis. (e) Transfers and Withdrawals.--Except as provided in subsection (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL PRESERVATION. (a) Plan.-- (1) In general.--The Tribe shall, not later than 2 years after the date of enactment of this Act, prepare a plan for the use of the payments made to the Tribe under section 4(d)(2). In developing the plan, the Tribe shall consult with the Secretary of the Interior and the Secretary of Health and Human Services. (2) Requirements for plan components.--The plan shall, with respect to each component of the plan-- (A) identify the costs and benefits of that com- ponent; and (B) provide plans for that component. (b) Content of Plan.--The plan shall include the following programs and components: (1) Educational facility.--The plan shall provide for an educational facility to be located on the Crow Creek Indian Reservation. (2) Comprehensive inpatient and outpatient health care facility.--The plan shall provide for a comprehensive inpatient and outpatient health care facility to provide essential services that the Secretary of Health and Human Services, in consultation with the individuals and entities referred to in subsection (a)(1), determines to be-- (A) needed; and (B) unavailable through existing facilities of the Indian Health Service on the Crow Creek Indian Reservation at the time of the determination. (3) Water system.--The plan shall provide for the construction, operation, and maintenance of a municipal, rural, and industrial water system for the Crow Creek Indian Reservation. (4) Recreational facilities.--The plan shall provide for recreational facilities suitable for high-density recreation at Lake Sharpe at Big Bend Dam and at other locations on the Crow Creek Indian Reservation in South Dakota. (5) Other projects and programs.--The plan shall provide for such other projects and programs for the educational, social welfare, economic development, and cultural preservation of the Tribe as the Tribe considers to be appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such funds as may be necessary to carry out this Act, including such funds as may be necessary to cover the administrative expenses of the Crow Creek Sioux Tribe Infrastructure Development Trust Fund established under section 4. SEC. 7. EFFECT OF PAYMENTS TO TRIBE. (a) In General.--No payment made to the Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law-- (1) the Tribe is otherwise entitled because of the status of the Tribe as a federally recognized Indian tribe; or (2) any individual who is a member of the Tribe is entitled because of the status of the individual as a member of the Tribe. (b) Exemptions; Statutory Construction.-- (1) Power rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River basin power rates. (2) Statutory construction.--Nothing in this Act may be construed as diminishing or affecting-- (A) any right of the Tribe that is not otherwise addressed in this Act; or (B) any treaty obligation of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 - Establishes in the Treasury the Crow Creek Sioux Tribe Infrastructure Development Trust Fund, which shall: (1) receive funds from the Missouri River basin Pick-Sloan program until a specified Fund aggregate is attained; and (2) be used for the socioeconomic recovery and cultural preservation of the Crow Creek Sioux Tribe (based upon a Tribe-developed plan). Authorizes appropriations.

Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Feed Protection Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) BSE.--The term ``BSE'' means bovine spongiform encephalopathy. (2) Covered article.-- (A) In general.--The term ``covered article'' means-- (i) feed for an animal; (ii) a nutritional supplement for an animal; (iii) medicine for an animal; and (iv) any other article of a kind that is ordinarily ingested, implanted, or otherwise taken into an animal. (B) Exclusions.--The term ``covered article'' does not include-- (i) an unprocessed agricultural commodity that is readily identifiable as nonanimal in origin, such as a vegetable, grain, or nut; (ii) an article described in subparagraph (A) that, based on compelling scientific evidence, the Secretary determines does not pose a risk of transmitting prion disease; or (iii) an article regulated by the Secretary that, as determined by the Secretary-- (I) poses a minimal risk of carrying prion disease; and (II) is necessary to protect animal health or public health. (3) Specified risk material.-- (A) In general.--The term ``specified risk material'' means-- (i) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord, vertebral column, or dorsal root ganglia of-- (I) cattle and bison 30 months of age and older; or (II) sheep, goats, deer, and elk 12 months of age and older; (ii) the intestinal tract of a ruminant of any age; and (iii) any other material of a ruminant that may carry a prion disease, as determined by the Secretary, based on scientifically credible research. (B) Modification.--The Secretary shall conduct an annual review of scientific research and may modify the definition of specified risk material based on scientifically credible research (including the conduct of ante-mortem and post-mortem tests certified by the Secretary of Agriculture). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC HEALTH. It shall be unlawful for any person to introduce into interstate or foreign commerce a covered article if the covered article contains-- (1)(A) specified risk material from a ruminant; or (B) any material from a ruminant that-- (i) was in any foreign country at a time at which there was a risk of transmission of BSE in the country, as determined by the Secretary of Agriculture; and (ii) may contain specified risk material from a ruminant; or (2) any material from a ruminant exhibiting signs of a neurological disease. SEC. 4. ENFORCEMENT. (a) Cooperation.--The Secretary and the heads of other Federal agencies, as appropriate, shall cooperate with the Attorney General in enforcing this Act. (b) Due Process.--Any person subject to enforcement action under this section shall have the opportunity for an informal hearing on the enforcement action as soon as practicable after, but not later than 10 days after, the enforcement action is taken. (c) Remedies.--In addition to any remedies available under other provisions of law, the head of a Federal agency may enforce this Act by-- (1) seizing and destroying an article that is introduced into interstate or foreign commerce in violation of this Act; or (2) issuing an order requiring any person that introduces an article into interstate or foreign commerce in violation of this Act-- (A) to cease the violation; (B)(i) to recall any article that is sold; and (ii) to refund the purchase price to the purchaser; (C) to destroy the article or forfeit the article to the United States for destruction; or (D) to cease operations at the facility at which the article is produced until the head of the appropriate Federal agency determines that the operations are no longer in violation of this Act. (d) Civil and Monetary Penalties.--The Secretary is directed to promulgate regulations on the appropriate level of civil and monetary penalties necessary to carry out the provisions of this Act, within 180 days following enactment of this Act. SEC. 5. TRAINING STANDARDS. The Secretary, in consultation with the Secretary of Agriculture, shall issue training standards to industry for the removal of specified risk materials. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $5,000,000 to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act takes effect on the date that is 180 days after the date of enactment of this Act.

Animal Feed Protection Act of 2004 - Makes it unlawful for any person to introduce into interstate or foreign commerce a covered article that contains: (1) specified risk material from a ruminant, or any material from a ruminant that was in any foreign country when there was a risk of transmission of bovine spongiform encephalopathy (BSE), and may contain specified risk material from a ruminant; or (2) any material from a ruminant exhibiting signs of a neurological disease. States that the head of a Federal agency may: (1) seize and destroy an article that is introduced into interstate or foreign commerce in violation of this Act; or (2) require any person who is in violation of this Act to cease the violation, to recall any sold article and refund the purchase price, to destroy or forfeit the article to the United States for destruction, or to cease production operations until the head of the appropriate Federal agency determines that there is no longer a violation of this Act. Directs the Secretary of Health and Human Services to provide for related civil and monetary penalties. Defines "covered article" as: (1) animal feed, nutritional supplement, or medicine; and (2) any other article that is ordinarily ingested, implanted, or otherwise taken into an animal. Sets forth exceptions. Defines "specified risk material" as: (1) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord, vertebral column, or dorsal root ganglia of cattle and bison 30 months of age and older, or sheep, goats, deer, and elk 12 months of age and older; (2) the intestinal tract of any ruminant; and (3) any other material of a ruminant that may carry a prion disease.

A bill to promote food safety and to protect the animal feed supply from bovine spongiform encephalopathy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Protection in Federal Databases Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many Federal national security, law enforcement, and intelligence agencies are currently accessing large databases, both public and private, containing information that was not initially collected for national security, law enforcement, or intelligence purposes. (2) These databases contain personal and sensitive information on millions of United States persons. (3) Some of these databases are subject to Federal privacy protections when in private sector control. (4) Risks to personal privacy are heightened when personal information from different sources, including public records, is aggregated in a single file and made accessible to thousands of national security, law enforcement, and intelligence personnel. (5) It is unclear what standards, policies, procedures, and guidelines govern the access to or use of these public and private databases by the Federal Government. (6) It is unclear what Federal Government agencies believe they legally can and cannot do with the information once acquired. (7) The Federal Government should be required to adhere to clear civil liberties and privacy standards when accessing personal information. (8) There is a need for clear accountability standards with regard to the accessing or usage of information contained in public and private databases by Federal agencies. (9) Without accountability, individuals and the public have no way of knowing who is reading, using, or disseminating personal information. (10) The Federal Government should not access personal information on United States persons without some nexus to suspected counterintelligence, terrorist, or other illegal activity. SEC. 3. LIMITATION ON USE OF FUNDS FOR PROCUREMENT OR ACCESS OF COMMERCIAL DATABASES PENDING REPORT ON USE OF INFORMATION. (a) Limitation.--Notwithstanding any other provision of law, commencing 60 days after the date of the enactment of this Act, no funds appropriated or otherwise made available to the Department of Justice, the Department of Defense, the Department of Homeland Security, the Central Intelligence Agency, the Department of Treasury, or the Federal Bureau of Investigation may be obligated or expended by such department or agency on the procurement of or access to any commercially available database unless such head of such department or agency submits to Congress the report required by subsection (b) not later than 60 days after the date of the enactment of this Act. (b) Report.--(1) The Attorney General, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation shall each prepare, submit to the appropriate committees of Congress, and make available to the public a report, in writing, containing a detailed description of any use by the department or agency under the jurisdiction of such official, or any national security, intelligence, or law enforcement element under the jurisdiction of the department or agency, of databases that were obtained from or remain under the control of a non-Federal entity, or that contain information that was acquired initially by another department or agency of the Federal Government for purposes other than national security, intelligence or law enforcement, regardless of whether any compensation was paid for such databases. (2) Each report shall include-- (A) a list of all contracts, memoranda of understanding, or other agreements entered into by the department or agency, or any other national security, intelligence, or law enforcement element under the jurisdiction of the department or agency for the use of, access to, or analysis of databases that were obtained from or remain under the control of a non-Federal entity, or that contain information that was acquired initially by another department or agency of the Federal Government for purposes other than national security, intelligence, or law enforcement; (B) the duration and dollar amount of such contracts; (C) the types of data contained in the databases referred to in subparagraph (A); (D) the purposes for which such databases are used, analyzed, or accessed; (E) the extent to which such databases are used, analyzed, or accessed; (F) the extent to which information from such databases is retained by the department or agency, or any national security, intelligence, or law enforcement element under the jurisdiction of the department or agency, including how long the information is retained and for what purpose; (G) a thorough description, in unclassified form, of any methodologies being used or developed by the department or agency, or any intelligence or law enforcement element under the jurisdiction of the department or agency, to search, access, or analyze such databases; (H) an assessment of the likely efficacy of such methodologies in identifying or locating criminals, terrorists, or terrorist groups, and in providing practically valuable predictive assessments of the plans, intentions, or capabilities of criminals, terrorists, or terrorist groups; (I) a thorough discussion of the plans for the use of such methodologies; (J) a thorough discussion of the activities of the personnel, if any, of the department or agency while assigned to the Terrorist Threat Integration Center; and (K) a thorough discussion of the policies, procedures, guidelines, regulations, and laws, if any, that have been or will be applied in the access, analysis, or other use of the databases referred to in subparagraph (A), including-- (i) the personnel permitted to access, analyze, or otherwise use such databases; (ii) standards governing the access, analysis, or use of such databases; (iii) any standards used to ensure that the personal information accessed, analyzed, or used is the minimum necessary to accomplish the intended legitimate Government purpose; (iv) standards limiting the retention and redisclosure of information obtained from such databases; (v) procedures ensuring that such data meets standards of accuracy, relevance, completeness, and timeliness; (vi) the auditing and security measures to protect against unauthorized access, analysis, use, or modification of data in such databases; (vii) applicable mechanisms by which individuals may secure timely redress for any adverse consequences wrongfully incurred due to the access, analysis, or use of such databases; (viii) mechanisms, if any, for the enforcement and independent oversight of existing or planned procedures, policies, or guidelines; and (ix) an outline of enforcement mechanisms for accountability to protect individuals and the public against unlawful or illegitimate access or use of databases. SEC. 4. GENERAL PROHIBITIONS. (a) In General.--Notwithstanding any other provision of law, no department, agency, or other element of the Federal Government, or officer or employee of the Federal Government, may conduct a search or other analysis for national security, intelligence, or law enforcement purposes of a database based solely on a hypothetical scenario or hypothetical supposition of who may commit a crime or pose a threat to national security. (b) Construction.--The limitation in subsection (a) shall not be construed to endorse or allow any other activity that involves use or access of databases referred to in section 3(b)(2)(A). SEC. 5. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and (B) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. (2) Database.--The term ``database'' means any collection or grouping of information about individuals that contains personally identifiable information about individuals, such as individual's names, or identifying numbers, symbols, or other identifying particulars associated with individuals, such as fingerprints, voice prints, photographs, or other biometrics. The term does not include telephone directories or information publicly available on the Internet without fee. (3) United states person.--The term ``United States person'' has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).

Citizens' Protection in Federal Databases Act - Directs the Attorney General, the Secretaries of Defense, Homeland Security, and Treasury, and the Directors of Central Intelligence and the Federal Bureau of Investigation (FBI) to submit to specified congressional committees and make available to the public a written report detailing any use by the agency, or by any national security, intelligence, or law enforcement element under that agency's jurisdiction, of databases that were obtained from or remain under the control of a nonfederal entity, or that contain information that was acquired initially by another Federal agency for purposes other than national security, intelligence, or law enforcement. Prohibits the obligation or expenditure of funds by those agencies on the procurement of or access to any commercially available database unless that report has been submitted within 60 days. Sets forth report requirements, including information on contracts entered into for the use of, access to, or analysis of databases that were obtained from a nonfederal entity for specified purposes.. Prohibits any Government entity, officer, or employee from conducting a search or other analysis of a database for national security, intelligence, or law enforcement purposes based solely on a hypothetical scenario or supposition of who may commit a crime or pose a threat to national security.

A bill to require a report on Federal Government use of commercial and other databases for national security, intelligence, and law enforcement purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Response to Energy Emergencies Act of 2005''. SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE, OIL, NATURAL GAS, AND PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--During any energy emergency declared by the President under section 3, it is unlawful for any person to sell crude oil, gasoline, natural gas, or petroleum distillates in, or for use in, the area to which that declaration applies at a price that-- (A) is unconscionably excessive; or (B) indicates the seller is taking unfair advantage of the circumstances to increase prices unreasonably. (2) Factors considered.--In determining whether a violation of paragraph (1) has occurred, there shall be taken into account, among other factors, whether-- (A) the amount charged represents a gross disparity between the price of the crude oil, gasoline, natural gas, or petroleum distillate sold and the price at which it was offered for sale in the usual course of the seller's business immediately prior to the energy emergency; or (B) the amount charged grossly exceeds the price at which the same or similar crude oil, gasoline, natural gas, or petroleum distillate was readily obtainable by other purchasers in the area to which the declaration applies. (3) Mitigating factors.--In determining whether a violation of paragraph (1) has occurred, there also shall be taken into account, among other factors, whether the price at which the crude oil, gasoline, natural gas, or petroleum distillate was sold reasonably reflects additional costs, not within the control of the seller, that were paid or incurred by the seller. (b) False Pricing Information.--It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, natural gas, or petroleum distillates to the Federal Trade Commission if-- (1) that person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the person intended the false or misleading data to affect data compiled by that department or agency for statistical or analytical purposes with respect to the market for crude oil, gasoline, natural gas, or petroleum distillates. (c) Market Manipulation.--It is unlawful for any person, directly or indirectly, to use or employ, in connection with the purchase or sale of crude oil, gasoline, natural gas, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Federal Trade Commission may prescribe as necessary or appropriate in the public interest or for the protection of United States citizens. (d) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules necessary and appropriate to enforce this section. SEC. 3. DECLARATION OF ENERGY EMERGENCY. (a) In General.--If the President finds that the health, safety, welfare, or economic well-being of the citizens of the United States is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, natural gas, or petroleum distillates due to a disruption of the national distribution system for crude oil, gasoline, natural gas, or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))), or significant pricing anomalies in national or regional energy markets for crude oil, gasoline, natural gas, or petroleum distillates of a more than transient nature, the President may declare that a Federal energy emergency exists. (b) Scope and Duration.--The declaration shall apply to the Nation, a geographical region, or 1 or more States, as determined by the President, but may not be in effect for a period of more than 45 days. (c) Extensions.--The President may-- (1) extend a declaration under subsection (a) for a period of not more than 45 days; and (2) extend such a declaration more than once. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2(a) of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates this Act shall be subject to the following penalties: (A) Price gouging; unjust profits.--Any person who violates section 2(a) of this Act shall be subject to-- (i) a fine of not more than 3 times the amount of profits gained by such person through such violation; or (ii) a fine of not more than $3,000,000. (B) False information; market manipulation.--Any person who violates section 2(b) or 2(c) of this Act shall be subject to a civil penalty of not more than $1,000,000. (2) Method of assessment.--The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Federal Trade Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 5. CRIMINAL PENALTIES. Any person who violates section 2 or any rule or order issued thereunder shall be fined under title 18, United States Code-- (1) if a corporation, not to exceed $100,000,000; or (2) if any other person, not to exceed $1,000,000, or imprisoned for not more than 10 years, or both. SEC. 6. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2(a) of this Act, or to impose the civil penalties authorized by section 4(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority to Intervene.--Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) where the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 7. LOW INCOME ENERGY ASSISTANCE. Amounts collected in fines and penalties under sections 4 or 5 of this Act shall be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund. To the extent provided for in advance in appropriations Acts fund shall be used to provide assistance under the Low Income Home Energy Assistance Program administered by the Secretary of Health and Human Services. SEC. 8. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law. SEC. 9. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM DISTILLATES. (a) In General.--The Federal Trade Commission shall facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale, having due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers. (b) Marketplace Transparency.-- (1) Dissemination of information.--In carrying out this section the Federal Trade Commission shall provide by rule for the dissemination, on a timely basis, of information about the availability and prices of wholesale crude oil, gasoline, and petroleum distillates to the Federal Trade Commission, States, wholesale buyers and sellers, and the public. (2) Protection of public from anticompetitive activity.--In determining the information to be made available under this section and time to make the information available, the Federal Trade Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction- specific information. (3) Protection of market mechanisms.--The Federal Trade Commission shall withhold from public disclosure under this section any information the Commission determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize system security. (c) Information Sources.-- (1) In general.--In carrying out subsection (b), the Federal Trade Commission may-- (A) obtain information from any market participant; and (B) rely on entities other than the Commission to receive and make public the information, subject to the disclosure rules in subsection (b)(3). (2) Published data.--In carrying out this section, the Federal Trade Commission shall consider the degree of price transparency provided by existing price publishers and providers of trade processing services, and shall rely on such publishers and services to the maximum extent possible. (3) Electronic information systems.--The Federal Trade Commission may establish an electronic information system if it determines that existing price publications are not adequately providing price discovery or market transparency. Nothing in this section, however, shall affect any electronic information filing requirements in effect under this Act as of the date of enactment of this section. (4) De minimus exception.--The Federal Trade Commission may not require entities who have a de minimus market presence to comply with the reporting requirements of this section. (d) Cooperation With Other Federal Agencies.-- (1) Memorandum of understanding.--Within 180 days after the date of enactment of this Act, the Federal Trade Commission shall conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies (if applicable) relating to information sharing, which shall include provisions-- (A) ensuring that information requests to markets within the respective jurisdiction of each agency are properly coordinated to minimize duplicative information requests; and (B) regarding the treatment of proprietary trading information. (2) CFTC jurisdiction.--Nothing in this section may be construed to limit or affect the exclusive jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.). (e) Rulemaking.--Within 180 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking proceeding to establish such rules as the Commission determines to be necessary and appropriate to carry out this section. SEC. 10. REPORT ON UNITED STATES ENERGY EMERGENCY PREPAREDNESS. (a) Potential Impacts Report.--Within 30 days after the date of enactment of this Act, the Federal Trade Commission shall transmit to the Congress a confidential report describing the potential impact on domestic prices of crude oil, residual fuel oil, and refined petroleum products that would result from the disruption for periods of 1 week, 1 year, and 5 years, respectively, of not less than-- (1) 30 percent of United States oil production; (2) 20 percent of United States refinery capacity; and (3) 5 percent of global oil supplies. (b) Projections and Possible Remedies.--The President shall include in the report-- (1) projections of the impact any such disruptions would be likely to have on the United States economy; and (2) detailed and prioritized recommendations for remedies under each scenario covered by the report. SEC. 11. PROTECTIVE ACTION TO PREVENT FUTURE DISRUPTIONS OF SUPPLY. The Secretary of Energy and the Energy Information Administration shall review expenditures by, and activities undertaken by, companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers in the United States, and, not later than 180 days after the date of the enactment of this title, shall transmit a report of their findings to Congress. Such report shall include an assessment of the companies' preparations for the forecasted period of more frequent and more intense hurricane activity in the Gulf of Mexico and other vulnerable coastal areas. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Federal Response to Energy Emergencies Act of 2005 - Declares unlawful: (1) unconscionable pricing of gasoline, oil, natural gas, and petroleum distillates during emergencies; (2) intentional reporting of false price information concerning wholesale prices of such products; and (3) market manipulation regarding the purchase or sale at wholesale of such products. Authorizes the President to declare a federal energy emergency upon finding that the national health, safety, welfare, or economic well-being is at risk because of an actual or imminent shortage of such products due to a disruption of the national distribution system, or significant pricing anomalies in national or regional energy markets for the products. Empowers the Federal Trade Commission (FTC) and State Attorneys General to enforce this Act. Sets forth civil and criminal penalties for violations of this Act. Requires fines and penalties collected under this Act to be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance Program. Directs the FTC to facilitate price transparency in wholesale markets for the sale of crude oil and essential petroleum products. Instructs the FTC to transmit a confidential report to Congress on the potential impact on domestic prices of crude oil, residual fuel oil, and refined petroleum products that would result from the disruption for periods of one week, one year, and five years, respectively. Directs the Secretary of Energy and the Energy Information Administration to review and report to Congress on expenditures and activities undertaken by certain size companies to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers in the United States. Requires such report to assess the companies' preparations for the forecasted period of more frequent and more intense hurricane activity in the Gulf of Mexico and other vulnerable coastal areas.

To protect consumers from price-gouging of gasoline and other fuels during energy emergencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Safe Mortgages Act''. SEC. 2. FINDINGS. Congress finds that-- (1) American families will be severely harmed by an unprecedented wave of potential foreclosures expected to occur in the next 12 months, as adjustable rate subprime mortgages reset to higher interest rates; (2) preventing such foreclosures and facilitating the refinancing of at-risk subprime borrowers into safe prime loans will require additional capacity on the part of the government sponsored enterprises, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Association, and any affiliates thereof, to purchase additional financing; (3) there is a lack of liquidity in the financial markets for mortgage backed securities, which threatens to impair financing for all mortgages; and (4) the government sponsored enterprises, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, and any affiliates thereof, are uniquely positioned to provide the financing necessary to alleviate the predicted wave of upcoming foreclosures, and the liquidity necessary to help United States markets. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development. (2) Enterprise.--The term ``enterprise'' means-- (A) the Federal National Mortgage Association, and any affiliate thereof; and (B) the Federal Home Loan Mortgage Corporation, and any affiliate thereof. (3) Fannie mae consent decree.--The term ``Fannie Mae Consent Decree'' means the order of the Office of Federal Housing Enterprises Oversight dated May 23, 2006, in the matter of the Federal National Mortgage Association. (4) Freddie mac letter.--The term ``Freddie Mac Letter'' means the letter dated July 31, 2006, from the Chairman and Chief Executive Officer of the Federal Home Loan Mortgage Corporation to the Director. (5) OFHEO.--The term ``OFHEO'' means the Office of Federal Housing Enterprises Oversight. SEC. 4. AMENDMENTS TO CONFORMING LOAN LIMITS. (a) Fannie Mae.--Section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended by adding at the end the following: ``During the 1-year period beginning on the date of enactment of the Protecting Access to Safe Mortgages Act, the limitations established under this paragraph shall be increased with respect to properties of a particular size located in any area for which the median price for such size residence exceeds the foregoing limitations for such size residence, to the lesser of 150 percent of such foregoing limitation for such size residence or the amount that is equal to the median price in such area for such size residence.''. (b) Freddie Mac.--Section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended by adding at the end the following: ``During the 1-year period beginning on the date of enactment of the Protecting Access to Safe Mortgages Act, the limitations established under this paragraph shall be increased with respect to properties of a particular size located in any area for which the median price for such size residence exceeds the foregoing limitations for such size residence, to the lesser of 150 percent of such foregoing limitation for such size residence or the amount that is equal to the median price in such area for such size residence.''. SEC. 5. LIFTING OF PORTFOLIO CAPS. (a) In General.--Immediately upon the date of enactment of this Act, the Director shall terminate, suspend, modify, or otherwise lift-- (1) the limitation on growth provision set forth in section 4, Article III of the Fannie Mae Consent Decree; and (2) the voluntary temporary growth limitation described in the Freddie Mac Letter. (b) Factors.--In carrying out subsection (a), the Director shall increase the mortgage portfolio limitations of both enterprises by not less than 10 percent, unless the Director certifies in writing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and demonstrates by compelling evidence that such action is likely to result in a significant depletion of the core capital of an enterprise, or otherwise create an unsafe and unsound condition. (c) Allocation.--Fifty percent of the portfolio increase described in subsection (b) shall be used on loans which have had or will have interest rate resets between June 2005 and December 2009. SEC. 6. SUNSET PROVISION. This Act and the amendments made by this Act are repealed, effective 1 year after the date of enactment of this Act.

Protecting Access to Safe Mortgages Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to increase mortgage portfolio limitations placed upon: (1) the Federal National Mortgage Association (Fannie Mae); and (2) the Federal Home Loan Mortgage Corporation (Freddie Mac), respectively. Instructs the Director of the Office of Federal Housing Enterprise Oversight (OFHEO) of the Department of Housing and Urban Development (HUD) to lift: (1) the limitation on growth provision set forth in the Fannie Mae Consent Decree; and (2) the voluntary temporary growth limitation described in a certain Freddie Mac Letter. Requires 50% of such portfolio increase to be used on loans which have had or will have interest rate resets between June 2005 and December 2009.

A bill to temporarily raise conforming loan limits in high cost areas and portfolio caps applicable to Freddie Mac and Fannie Mae, to provide the necessary financing to curb foreclosures by facilitating the refinancing of at-risk subprime borrowers into safe, prime loans, to preserve liquidity in the mortgage lending markets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Abolition of the Transatlantic Slave Trade Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) On March 2, 1807, President Thomas Jefferson signed into law a bill approved by the Congress ``An Act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States'' (hereinafter in this Act referred to as the ``1808 Transatlantic Slave Trade Act'') and made it unlawful ``to import or bring into the United States or territories thereof from any foreign kingdom, place or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of such * * * as a slave, or to be held to service or labour''. (2) Article I, Section 9 of the United States Constitution clearly spelled out that the international slave trade could not be banned before 1808, and it is only on January 1, 1808, that the 1808 Transatlantic Slave Trade Act went into effect. (3) An Act entitled ``An Act to continue in force `An act to protect the commerce of the United States, and punish the crime of piracy,' and also to make further provisions for punishing the crime of piracy'', enacted May 15, 1820, made it unlawful for any citizen of the United States to engage ``in the slave trade, or * * *, being of the crew or ship's company of any foreign ship * * *, seize any negro or mulatto * * * with the intent to make * * * a slave * * * or forcibly bring * * * on board any such ship * * *.''. (4) The transatlantic slave trade entailed the kidnapping, purchase, and commercial export of Africans, mostly from West and Central Africa, to the European colonies and new nations in the Americas, including the United States, where they were enslaved in forced labor between the 15th and mid-19th centuries. (5) The term ``Middle Passage'' refers to the horrific part of the transatlantic slave trade when millions of Africans were chained together and stowed by the hundreds in overcrowded ships where they were forced into small spaces for months without relief as they were transported across the Atlantic Ocean to the Americas. (6) During the Middle Passage, enslaved Africans resisted their enslavement through non-violent and violent means, including hunger strikes, suicide, and shipboard revolts, the most historically- recognized events taking place on board the Don Carlos in 1732 and on board the Amistad in 1839. (7) Scholars estimate that, at a minimum, between 10,000,000 and 15,000,000 Africans survived the Middle Passage, were imported as chattel through customs houses and ports across the Americas, and were sold into slavery. (8) The thirteenth amendment to the Constitution of the United States recognizes that ``Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.''. (9) The slave trade and the legacy of slavery continue to have a profound impact on social and economic disparity, hatred, bias, racism, and discrimination, and continue to affect people in the Americas, particularly those of African descent. (10) In 2007, the British Parliament marked the 200th anniversary of the abolition of the slave trade in the former British Empire with plans launched by the Department for Education and Skills which provided joint funding of 910,000 ($1,800,000) for the Understanding Slavery Initiative, and the Heritage Lottery Fund announced awards of over 20,000,000 ($40,000,000) for projects to commemorate the anniversary. (b) Purpose.--The purpose of this Act is to establish the Commission on the Abolition of the Transatlantic Slave Trade to-- (1) ensure a suitable national observance of the bicentennial anniversary of the abolition of the transatlantic slave trade by sponsoring and supporting commemorative programs; (2) cooperate with and assist programs and activities throughout the United States in observance of the bicentennial anniversary of the abolition of the transatlantic slave trade; (3) assist in ensuring that the observations of the bicentennial anniversary of the abolition of the transatlantic slave trade are inclusive and appropriately recognize the experiences of all people during this period in history; (4) support and facilitate international involvement in observances of the bicentennial anniversary of the abolition of the transatlantic slave trade; and (5) study the impact of the transatlantic slave trade on the United States and the Americas. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on the Abolition of the Transatlantic Slave Trade'' (referred to in this Act as the ``Commission''). SEC. 4. MEMBERSHIP, DUTIES, AND RELATED MATTERS. (a) Membership.-- (1) In general.-- (A) The Commission shall be composed of nine members, of whom-- (i) three shall be appointed by the Speaker of the House of Representatives; (ii) two shall be appointed by the Majority Leader of the Senate; (iii) two shall be appointed by the Minority Leader of the House of Representatives; and (iv) two shall be appointed by the Minority Leader of the Senate. (B) Each appointing authority described in subparagraph (A) shall appoint the initial members of the Commission not later than 30 days after the date of the enactment of this Act. (2) Qualifications.--Members of the Commission shall be individuals with demonstrated expertise or experience in the study and program facilitation on the transatlantic slave trade and the institution of slavery as it relates to the United States and the Americas. (3) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (4) Meetings.-- (A) In general.--The Commission shall meet-- (i) as many times as necessary; or (ii) at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting. (C) Notice of meetings.--All Commission members shall be given reasonable advance notice of all Commission meetings. (D) Appointment of chairperson and executive director.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall-- (i) designate one of the members as Chairperson; and (ii) select an executive director as described under subsection (d)(2). (5) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the members of the Commission, which includes at least one member appointed pursuant to clause (iii) or (iv) of paragraph (1)(A), shall constitute a quorum for conducting business but fewer members may meet or hold hearings. (b) Duties.-- (1) In general.--The Commission shall-- (A) plan, develop, and execute programs and activities appropriate to commemorate the bicentennial anniversary of the abolition of the transatlantic slave trade; (B) facilitate commemoration-related activities throughout the United States; (C) encourage civic, historical, educational, religious, economic, and other organizations, as well as State and local governments, throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the transatlantic slave trade and the institution of slavery, particularly as it relates to the United States; (D) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the transatlantic slave trade and the institution of slavery, particularly as it relates to the United States; (E) assist in the development of appropriate programs and facilities to ensure that the bicentennial anniversary of the abolition of the transatlantic slave trade provides a lasting legacy and long-term public benefit; (F) support and facilitate marketing efforts for the issuance of a commemorative coin, postage stamp, and related activities for observances; (G) facilitate the convening of a joint meeting or joint session of the Congress for ceremonies and activities relating to the transatlantic slave trade and the institution of slavery, particularly as it relates to the United States; (H) promote the sponsorship of conferences, exhibitions, or public meetings concerning the transatlantic slave trade and the institution of slavery, particularly as it relates to the United States; (I) coordinate and facilitate the sponsorship of high school and collegiate essay contests concerning the transatlantic slave trade and the institution of slavery, particularly as it relates to the United States; and (J) examine reports of modern-day slavery and human trafficking to raise the public's awareness of these matters and ensure such atrocities do not go unnoticed by the people of the United States. (2) Initial report.--Not later than March 31, 2009, the Commission shall submit to the Congress a report containing a summary of the activities of the Commission for 2008. (c) Powers of the Commission.--The Commission may-- (1) accept donations and gift items related to the transatlantic slave trade, the institution of slavery, and the significance of slavery to the history of the United States; (2) appoint such advisory committees as the Commission determines necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of the termination of the Commission); and (5) use the United States mails in the same manner and under the same conditions as other Federal agencies. (d) Personnel Matters.-- (1) Compensation of members of the commission.-- (A) Basic pay.--Members of the Commission shall not receive compensation for the performance of their duties on behalf of the Commission. (B) Travel expenses.--Upon approval of the Chairperson, a member of the Commission 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 their homes or regular place of business in the performance of their duties on behalf of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission shall, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform its duties. (B) Executive director.-- (i) Qualifications.--The person appointed executive director shall have demonstrated expertise or experience in the study and program facilitation on the transatlantic slave trade and the institution of slavery, particularly as it relates to the United States. (ii) Confirmation.--The employment of an executive director shall be subject to confirmation by the members of the Commission. (C) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (D) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (f) Non-Applicability of FACA.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 5. TERMINATION. (a) Date of Termination.--The Commission shall terminate on December 31, 2009. (b) Final Report.--Upon termination, the Commission shall submit to the Congress a report containing-- (1) a detailed statement of the activities of the Commission; and (2) a final accounting of the funds received and expended by the Commission. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Commission on the Abolition of the Transatlantic Slave Trade Act - Establishes the Commission on the Abolition of the Transatlantic Slave Trade. Sets forth Commission duties, including: (1) planning activities appropriate to commemorate the 200th anniversary of the abolition of the transatlantic slave trade; (2) encouraging civic, historical, educational, religious, economic entities, as well as state and local governments to participate in anniversary activities; (3) facilitating the convening of a joint meeting or joint session of the Congress for related ceremonies and activities; (4) promoting the sponsorship of related conferences and exhibitions; and (5) examining reports and raise public awareness of of modern-day slavery and human trafficking. Directs the Commission to submit an initial report to Congress by March 31, 2009, and a final report upon termination. Terminates the Commission on December 31, 2009.

A bill to establish the Commission on the Abolition of the Transatlantic Slave Trade.

SECTION. 1. SHORT TITLE This Act may be cited as the ``Support for Overseas Cooperative Development Act''. SEC. 2. FINDINGS The Congress makes the following findings: (1) It is in the mutual economic interest of the United States and peoples in developing and transitional countries to promote cooperatives and credit unions. (2) Self-help institutions, including cooperatives and credit unions, provide enhanced opportunities for people to participate directly in democratic decision-making for their economic and social benefit through ownership and control of business enterprises and through the mobilization of local capital and savings and such organizations should be fully utilized in fostering free market principles and the adoption of self-help approaches to development. (3) The United States seeks to encourage broad-based economic and social development by creating and supporting-- (A) agricultural cooperatives that provide a means to lift low income farmers and rural people out of poverty and to better integrate them into national economies; (B) credit union networks that serve people of limited means through safe savings and by extending credit to families and microenterprises; (C) electric and telephone cooperatives that provide rural customers with power and telecommunications services essential to economic development; (D) housing and community-based cooperatives that provide low income shelter and work opportunities for the urban poor; and (E) mutual and cooperative insurance companies that provide risk protection for life and property to under- served populations often through group policies. SEC. 3. GENERAL PROVISIONS. (a) Declarations of Policy.--The Congress supports the development and expansion of economic assistance programs that fully utilize cooperatives and credit unions, particularly those programs committed to-- (1) international cooperative principles, democratic governance and involvement of women and ethnic minorities for economic and social development; (2) self-help mobilization of member savings and equity, retention of profits in the community, except those programs that are dependent on donor financing; (3) market-oriented and value-added activities with the potential to reach large numbers of low income people and help them enter into the mainstream economy; (4) strengthening the participation of rural and urban poor to contribute to their country's economic development; and (5) utilization of technical assistance and training to better serve the member-owners. (b) Development Priorities.--Section 111 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151i) is amended by adding at the end the following: ``In meeting the requirement of the preceding sentence, specific priority shall be given to the following: ``(1) Agriculture.--Technical assistance to low income farmers who form and develop member-owned cooperatives for farm supplies, marketing and value-added processing. ``(2) Financial systems.--The promotion of national credit union systems through credit union-to-credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement. ``(3) Infrastructure.--The establishment of rural electric and telecommunication cooperatives for universal access for rural people and villages that lack reliable electric and telecommunications services. ``(4) Housing and community services.--The promotion of community-based cooperatives which provide employment opportunities and important services such as health clinics, self-help shelter, environmental improvements, group-owned businesses, and other activities.''. SEC. 4. REPORT. Not later than 6 months after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, in consultation with the heads of other appropriate agencies, shall prepare and submit to Congress a report on the implementation of section 111 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as amended by section 3 of this Act. Passed the House of Representatives September 19, 2000. Attest: Clerk.

Amends the Foreign Assistance Act of 1961 to provide that, in meeting the goal of strengthening the participation of the rural and urban poor in their country's development through the use of development funds for technical and capital assistance in the development and use of cooperatives in less developed countries, that priority be given to: (1) technical assistance to low income farmers who form and develop member-owned cooperatives for farm supplies, marketing, and value-added processing; (2) the promotion of national credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement; (3) the establishment of rural electric and telecommunication cooperatives for universal access for rural people and villages that lack reliable electric and telecommunications services; and (4) the promotion of community- based cooperatives which provide employment opportunities and important services such as health clinics, self-help shelters, environmental improvements, group-owned businesses, and other activities.

Support for Overseas Cooperative Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Book Stamp Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Literacy is fundamental to all learning. (2) Between 40 and 60 percent of the Nation's children do not read at grade level, particularly children in families or school districts that are challenged by significant financial or social instability. (3) Increased investments in child literacy are needed to improve opportunities for children and the efficacy of the Nation's education investments. (4) Increasing access to books in the home is an important means of improving child literacy, which can be accomplished nationally at modest cost. (5) Effective channels for book distribution already exist through child care providers. SEC. 3. DEFINITIONS. In this Act: (1) Early learning program.--The term ``early learning'', used with respect to a program, means a program of activities designed to facilitate development of cognitive, language, motor, and social-emotional skills in children under age 6 as a means of enabling the children to enter school ready to learn, such as a Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), or a State pre-kindergarten program. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State.--The term ``State'' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) State agency.--The term ``State agency'' means an agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b). SEC. 4. GRANTS TO STATE AGENCIES. (a) Establishment of Program.--The Secretary shall establish and carry out a program to promote child literacy and improve children's access to books at home and in early learning and other child care programs, by making books available through early learning and other child care programs. (b) Grants.-- (1) In general.--In carrying out the program, the Secretary shall make grants to State agencies from allotments determined under paragraph (2). (2) Allotments.--For each fiscal year, the Secretary shall allot to each State an amount that bears the same ratio to the total of the available funds for the fiscal year as the amount the State receives under section 658O(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) for the fiscal year bears to the total amount received by all States under that section for the fiscal year. (c) Applications.--To be eligible to receive an allotment under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Accountability.--The provisions of sections 658I(b) and 658K(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(b), 9858i(b)) shall apply to States receiving grants under this Act, except that references in those sections-- (1) to a subchapter shall be considered to be references to this Act; and (2) to a plan or application shall be considered to be references to an application submitted under subsection (c). (e) Definition.--In this section, the term ``available funds'', used with respect to a fiscal year, means the total of-- (1) the funds made available under section 416(c)(1) of title 39, United States Code for the fiscal year; and (2) the amounts appropriated under section 9 for the fiscal year. SEC. 5. CONTRACTS TO CHILD CARE RESOURCE AND REFERRAL AGENCIES. A State agency that receives a grant under section 4 shall use funds made available through the grant to enter into contracts with local child care resource and referral agencies to carry out the activities described in section 6. The State agency may reserve not more than 3 percent of the funds made available through the grant to support a public awareness campaign relating to the activities. SEC. 6. USE OF FUNDS. (a) Activities.-- (1) Book payments for eligible providers.--A child care resource and referral agency that receives a contract under section 5 shall use the funds made available through the grant to provide payments for eligible early learning program and other child care providers, on the basis of local needs, to enable the providers to make books available, to promote child literacy and improve children's access to books at home and in early learning and other child care programs. (2) Eligible providers.--To be eligible to receive a payment under paragraph (1), a provider shall-- (A)(i) be a center-based child care provider, a group home child care provider, or a family child care provider, described in section 658P(5)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(5)(A)); or (ii) be a Head Start agency designated under section 641 of the Head Start Act (42 U.S.C. 9836), an entity that receives assistance under section 645A of such Act to carry out an Early Head Start program or another provider of an early learning program; and (B) provide services in an area where children face high risks of literacy difficulties, as defined by the Secretary. (b) Responsibilities.--A child care resource and referral agency that receives a contract under section 5 to provide payments to eligible providers shall-- (1) consult with local individuals and organizations concerned with early literacy (including parents and organizations carrying out the Reach Out and Read, First Book, and Reading Is Fundamental programs) regarding local book distribution needs; (2) make reasonable efforts to learn public demographic and other information about local families and child literacy programs carried out by the eligible providers, as needed to inform the agency's decisions as the agency carries out the contract; (3) coordinate local orders of the books made available under this Act; (4) distribute, to each eligible provider that receives a payment under this Act, not fewer than 1 book every 6 months for each child served by the provider for more than 3 of the preceding 6 months; (5) use not more than 5 percent of the funds made available through the contract to provide training and technical assistance to the eligible providers on the effective use of books with young children at different stages of development; and (6) be a training resource for eligible providers that want to offer parent workshops on developing reading readiness. (c) Discounts.-- (1) In general.--Federal funds made available under this Act for the purchase of books may only be used to purchase books on the same terms as are customarily available in the book industry to entities carrying out nonprofit bulk book purchase and distribution programs. (2) Terms.--An entity offering books for purchase under this Act shall be present to have met the requirements of paragraph (1), absent contrary evidence, if the terms include a discount of 43 percent off the catalogue price of the books, with no additional charge for shipping and handling of the books. (d) Administration.--The child care resource and referral agency may not use more than 6 percent of the funds made available through the contract for administrative costs. SEC. 7. REPORT TO CONGRESS. Not later than 2 years of the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report on the implementation of the activities carried out under this Act. SEC. 8. SPECIAL POSTAGE STAMPS FOR CHILD LITERACY. Chapter 4 of title 39, United States Code is amended by adding at the end the following: ``Sec. 416. Special postage stamps for child literacy ``(a) In order to afford the public a convenient way to contribute to funding for child literacy, the Postal Service shall establish a special rate of postage for first-class mail under this section. The stamps that bear the special rate of postage shall promote childhood literacy and shall, to the extent practicable, contain an image relating to a character in a children's book or cartoon. ``(b)(1) The rate of postage established under this section-- ``(A) shall be equal to the regular first-class rate of postage, plus a differential of not to exceed 25 percent; ``(B) shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures described in chapter 36); and ``(C) shall be offered as an alternative to the regular first-class rate of postage. ``(2) The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons. ``(c)(1) Of the amounts becoming available for child literacy pursuant to this section, the Postal Service shall pay 100 percent to the Department of Health and Human Services. ``(2) Payments made under this subsection to the Department shall be made under such arrangements as the Postal Service shall by mutual agreement with such Department establish in order to carry out the objectives of this section, except that, under those arrangements, payments to such agency shall be made at least twice a year. ``(3) In this section, the term `amounts becoming available for child literacy pursuant to this section' means-- ``(A) the total amounts received by the Postal Service that the Postal Service would not have received but for the enactment of this section; reduced by ``(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including costs attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that the Postal Service shall prescribe. ``(d) It is the sense of Congress that nothing in this section should-- ``(1) directly or indirectly cause a net decrease in total funds received by the Department of Health and Human Services, or any other agency of the Government (or any component or program of the Government), below the level that would otherwise have been received but for the enactment of this section; or ``(2) affect regular first-class rates of postage or any other regular rates of postage. ``(e) Special postage stamps made available under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of enactment of this section. ``(f) The Postmaster General shall include in each report provided under section 2402, with respect to any period during any portion of which this section is in effect, information concerning the operation of this section, except that, at a minimum, each report shall include information on-- ``(1) the total amounts described in subsection (c)(3)(A) that were received by the Postal Service during the period covered by such report; and ``(2) of the amounts described in paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(3)(B). ``(g) This section shall cease to be effective at the end of the 2- year period beginning on the date on which special postage stamps made available under this section are first made available to the public.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2001 through 2005.

Directs the Secretary to carry out such program by allotting grants to applicant State agencies on the basis of relative amounts received by States under specified provisions of the Child Care and Development Block Grant Act of 1990. Requires State agencies to use such grants to enter into contracts with local child care resource and referral agencies to carry out program activities. Allows State agencies to reserve up to three percent of grant funds to support a public awareness campaign relating to program activities. Requires local agencies which receive such contracts to use grant funds to provide payments for eligible early learning program and other child care providers, on the basis of local needs, to enable the providers to make books available, to promote child literacy and improve children's access to books at home and in early learning and other child care programs. Amends Federal law relating to the U.S. Postal Service (USPS) to require USPS to establish special postage stamps for child literacy, at the regular first-class rate plus a differential amount. Makes patron use of such special-rate postage stamp voluntary. Requires the USPS to pay all of certain amounts raised by sales such stamp to HHS for child literacy promotion activities. Expresses the sense of Congress that nothing in this section should: (1) cause a net decrease in total funds received by HHS or any other Federal agency, component, or program; and (2) affect regular first-class or other regular postage rates. Authorizes appropriations.

Book Stamp Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Price Transparency Promotion Act of 2006''. SEC. 2. INCREASING THE TRANSPARENCY OF INFORMATION ON HOSPITAL CHARGES AND MAKING AVAILABLE INFORMATION ON ESTIMATED OUT-OF- POCKET COSTS FOR HEALTH CARE SERVICES. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (69); (2) by striking the period at the end of paragraph (70) and inserting ``; and''; (3) by inserting after paragraph (70) the following new paragraph: ``(71) provide that the State will establish and maintain laws, in accordance with the requirements of section 1921A, to require disclosure of information on hospital charges, to make such information available to the public, and to provide individuals with information about estimated out-of-pocket costs for health care services.''; and (4) by inserting after section 1921 the following new section: ``increasing the transparency of information on hospital charges and providing consumers with estimates of out-of-pocket costs for health care services ``Sec. 1921A. (a) In General.--The requirements referred to in section 1902(a)(71) are that the laws of a State must-- ``(1) in accordance with subsection (b)-- ``(A) require the disclosure of information on hospital charges; and ``(B) provide for access to such information; and ``(2) in accordance with subsection (c), require the provision of a statement of the estimated out-of-pocket costs of an individual for anticipated future health care services. ``(b) Information on Hospital Charges.--The laws of a State must-- ``(1) require disclosure, by each hospital located in the State, of information on the charges for certain inpatient and outpatient hospital services (as determined by the State) provided at the hospital; and ``(2) provide for timely access to such information by individuals seeking or requiring such services. ``(c) Estimated Out-of-Pocket Costs.--The laws of a State must require that, upon the request of any individual with health insurance coverage sponsored by a health insurance issuer, the issuer must provide a statement of the estimated out-of-pocket costs that are likely to be incurred by the individual if the individual receives particular health care items and services within a specified period of time. ``(d) Rules of Construction.--Nothing in this section shall be construed as-- ``(1) authorizing or requiring the Secretary to establish uniform standards for the State laws required by subsections (b) and (c); ``(2) requiring any State with a law enacted on or before the date of the enactment of this section that-- ``(A) meets the requirements of subsection (b) or subsection (c) to modify or amend such law; or ``(B) meets some but not all of the requirements of subsection (b) or subsection (c) to modify or amend such law except to the extent necessary to address the unmet requirements; ``(3) precluding any State in which a program of voluntary disclosure of information on hospital charges is in effect from adopting a law codifying such program (other than its voluntary nature) to satisfy the requirement of subsection (b)(1); or ``(4) guaranteeing that the out-of-pocket costs of an individual will not exceed the estimate of such costs provided pursuant to subsection (c). ``(e) Definitions.--For purposes of this section: ``(1) The term `health insurance coverage' has the meaning given such term in section 2791(b)(1) of the Public Health Service Act. ``(2) The term `health insurance issuer' has the meaning given such term in section 2791(b)(2) of the Public Health Service Act, except that such term also includes-- ``(A) a medicaid managed care organization (as defined in section 1903(m)); and ``(B) a Medicare Advantage organization (as defined in 1859(a)(1), taking into account the operation of section 201(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003). Section 1856(b)(3) shall not preclude the application to a Medicare Advantage organization or a Medicare Advantage plan offered by such an organization of any State law adopted to carry out the requirements of subsection (b) or (c). ``(3) The term `hospital' means an institution that meets the requirements of paragraphs (1) and (7) of section 1861(e) and includes those to which section 1820(c) applies.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 2007. (2) Exception.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 3. RESEARCH ON INFORMATION VALUED BY CONSUMERS ON CHARGES AND OUT- OF-POCKET COSTS FOR HEALTH CARE SERVICES. (a) Research on Information Valued and Used by Consumers.--The Director of the Agency for Healthcare Research and Quality (in this section referred to as ``AHRQ'') shall conduct or support research, pursuant to section 901(b)(1)(D) of the Public Health Service Act (42 U.S.C. 299(b)(1)(D)), on-- (1) the types of information on the charges, and out-of- pocket costs, for health care services that individuals find useful in making decisions about where, when, and from whom to receive care; (2) how the types of information valued by individuals for making such decisions vary by whether they have health benefits coverage and, if they do, the type of such coverage they have, such as traditional insurance, health maintenance organizations, preferred provider organizations, and high deductible plans coupled with health savings accounts; and (3) ways in which such information may be made available on a timely basis and in easy-to-understand form to individuals facing such decisions. (b) Report.--The Director of AHRQ shall report to the Congress on the results of such research not later than 18 months after the date of the enactment of this Act, together with recommendations for ways in which the Federal Government can assist the States in achieving the objective specified in subsection (a)(3). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Health Care Price Transparency Promotion Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to provide that the state will establish and maintain laws to require disclosure of information on hospital charges, to make such information available to the public, and to provide individuals with information about estimated out-of-pocket costs for health care services. Directs the Director of the Agency for Healthcare Research and Quality to research and report to Congress on: (1) the types of information on the charges and out-of-pocket costs for health care services that individuals find useful in making decisions about where, when, and from whom to receive care; (2) how such types of information vary by whether they have health benefits coverage, and what kinds; and (3) ways in which such information may be available on a timely basis and in easy-to-understand form to individuals facing such decisions.

To amend title XIX of the Social Security Act to provide for increased price transparency of hospital information and to provide for additional research on consumer information on charges and out-of-pocket costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudanese Diaspora Loan Forgiveness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 21-year civil war between the North and the South in Sudan caused many Sudanese people to flee their homeland and seek refuge in other countries, including the United States. (2) The United States has assisted many Sudanese citizens fleeing the violence in their homeland, including the Lost Boys in 2001, a group of approximately 3,800 children that were separated from their parents during the civil war and who fled on foot to Ethiopia, walking more than 1,000 kilometers on the four-month journey, and who then fled again to Kenya to avoid forcible repatriation to Sudan. (3) Approximately 5,640 Sudanese citizens have been granted refugee status in the United States in Fiscal Years 2003 and 2004 alone. (4) The National Congress Party Government and the Sudanese People's Liberation Movement (SPLM) signed the Comprehensive Peace Agreement in Nairobi, Kenya, on January 9, 2005, formally ending the conflict between the North and the South and creating a new Government of Sudan that consists of a coalition of opposition groups and the former regime. (5) With the signing of the Comprehensive Peace Agreement in Nairobi, Kenya, on January 9, 2005, the Government of Southern Sudan's plans for reconstruction in Southern Sudan are moving forward. (6) Sudanese refugees in the United States have acquired a reputation for being an extremely resilient group, and a number of them have, after adjusting to a new life in the United States, chosen to pursue a higher education, and now have professional skills to contribute to the rebuilding of their homeland. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Stafford Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR MEMBERS OF THE SUDANESE DIASPORA. ``(a) Statement of Purpose.--It is the purpose of this section to encourage members of the Sudanese Diaspora in the United States to return to Southern Sudan for purposes of contributing to the reconstruction efforts there. ``(b) Program Authorized.--From the amount appropriated under subsection (f) for any fiscal year, the Secretary of Education shall, in accordance with subsection (c) and in consultation with the Secretary of State, carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H for any borrower who-- ``(1) as of the date of the enactment of this section, is a Sudanese citizen who-- ``(A) has been granted refugee or asylum status in the United States; ``(B) has been granted lawful permanent resident status in the United States; or ``(C) is a naturalized United States citizen; ``(2) commits to returning to Southern Sudan for a period of five or more years for purposes of contributing professional skills to repairing the damage to the infrastructure of Southern Sudan caused by the Sudanese civil war, as approved by the Secretary for purposes of this section; and ``(3) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--Of the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding to an individual who meets the requirements of subsection (b), the Secretary may, from funds appropriated under subsection (f), repay not more than-- ``(A) $3,000 after the first calendar year of service described in subsection (b)(2); ``(B) $4,000 after the second such year of service; ``(C) $5,000 after the third such year of service; ``(D) $6,000 after the fourth such year of service; and ``(E) $7,000 after the fifth such year of service. ``(2) Award basis.--The Secretary shall make payments under this subsection on a first-come first-served basis, subject to the availability of appropriations. ``(d) Additional Provisions.-- ``(1) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(2) Double benefits prohibited.--No borrower may receive a reduction of loan obligations under both this section and section 460A. ``(e) Regulations.--The Secretary shall, in consultation with the Secretary of State, issue such regulations as may be necessary to carry out the provisions of this section. ``(f) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(g) Authorization of Appropriations.--For fiscal year 2006 and for each of the 5 succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary to repay loans in the amounts specified in subsection (c)(1).''. (b) Direct Loans.--Part D of title IV is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR MEMBERS OF THE SUDANESE DIASPORA. ``(a) Statement of Purpose.--It is the purpose of this section to encourage members of the Sudanese Diaspora in the United States to return to Southern Sudan for purposes of contributing to the reconstruction efforts there. ``(b) Program Authorized.--From the amount appropriated under subsection (f) for any fiscal year, the Secretary of Education shall, in accordance with subsection (c) and in consultation with the Secretary of State, carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1) as of the date of the enactment of this section, is a Sudanese citizen who-- ``(A) has been granted refugee or asylum status in the United States; ``(B) has been granted lawful permanent resident status in the United States; or ``(C) is a naturalized United States citizen; ``(2) commits to returning to Southern Sudan for a period of five or more years for purposes of contributing professional skills to repairing the damage to the infrastructure of Southern Sudan caused by the Sudanese civil war, as approved by the Secretary for purposes of this section; and ``(3) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--Of the aggregate of the loan obligation on a Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loan that is outstanding to an individual who meets the requirements of subsection (b), the Secretary may, from funds appropriated under subsection (f), repay not more than-- ``(A) $3,000 after the first calendar year of service described in subsection (b)(2); ``(B) $4,000 after the second such year of service; ``(C) $5,000 after the third such year of service; ``(D) $6,000 after the fourth such year of service; and ``(E) $7,000 after the fifth such year of service. ``(2) Award basis.--The Secretary shall make payments under this subsection on a first-come first-served basis, subject to the availability of appropriations. ``(d) Additional Provisions.-- ``(1) Treatment of consolidation loans.--A loan amount for Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(2) Double benefits prohibited.--No borrower may receive a reduction of loan obligations under both this section and section 428L. ``(e) Regulations.--The Secretary shall, in consultation with the Secretary of State, issue such regulations as may be necessary to carry out the provisions of this section. ``(f) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(g) Authorization of Appropriations.--For fiscal year 2006 and for each of the 5 succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary to repay loans in the amounts specified in subsection (c)(1).''.

Sudanese Diaspora Loan Forgiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish education loan forgiveness programs for Sudanese citizens who have become naturalized U.S. citizens or who are lawfully residing in the United States if they commit to returning to Southern Sudan for five or more years to help repair damage to infrastructure caused by the Sudanese civil war.

To establish a student loan forgiveness program for members of the Sudanese Diaspora to enable them to return to southern Sudan and contribute to the reconstruction effort of southern Sudan.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Forest Jobs and Management Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Projects in Forest Management Emphasis Areas. Sec. 5. Administrative review; arbitration. Sec. 6. Distribution of revenue. Sec. 7. Performance measures; reporting. Sec. 8. Termination. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to create a predictable wood supply from National Forest System land that can be harvested, processed, and sold as wood products-- (A) to preserve and create jobs; (B) to generate revenue to be shared with counties; and (C) to strengthen rural economies; (2) to reduce the uncertainty and costs to the Forest Service of planning and implementing timber management, forest restoration, and community wildfire protection projects on National Forest System land; and (3) to promote the use of timber harvest as a method to achieve forest management goals on a portion of non-reserved National Forest System land. SEC. 3. DEFINITIONS. In this Act: (1) Covered project.--The term ``covered project'' means a project that involves the management or sale of national forest material within a Forest Management Emphasis Area. (2) Forest management emphasis area.-- (A) In general.--The term ``Forest Management Emphasis Area'' means National Forest System land identified as suitable for timber production in a forest management plan in effect on the date of enactment of this Act. (B) Exclusions.--The term ``Forest Management Emphasis Area'' does not include National Forest System land-- (i) that is a component of the National Wilderness Preservation System; or (ii) on which removal of vegetation is specifically prohibited by Federal law. (3) National forest material.--The term ``national forest material'' means trees, portions of trees, or forest products, with an emphasis on sawtimber and pulpwood, derived from National Forest System land. (4) National forest system.-- (A) In general.--The term ``National Forest System'' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (B) Exclusion.--The term ``National Forest System'' does not include-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS. (a) Conduct of Covered Projects Within Forest Management Emphasis Areas.-- (1) In general.--The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs (2) through (4). (2) Designating timber for cutting.-- (A) In general.--Notwithstanding section 14(g) of the National Forest Management Act of 1976 (16 U.S.C. 472a(g)), the Secretary may use designation by prescription or designation by description in conducting covered projects under this Act. (B) Requirement.--The designation methods authorized under subparagraph (A) shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. (3) Contracting methods.-- (A) In general.--Timber sale contracts under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall be the primary means of carrying out covered projects under this Act. (B) Record.--If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) to carry out a covered project under this Act, the Secretary shall provide a written record specifying the reasons that different contracting methods were used. (4) Acreage treatment requirements.-- (A) Total acreage requirements.--The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15- year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). (B) Assignment of acreage treatment requirements to individual units of the national forest system.-- (i) In general.--Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. (ii) Limitation.--Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). (b) Environmental Analysis and Public Review Process for Covered Projects in Forest Management Emphasis Areas.-- (1) Environmental assessment.--The Secretary shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a Forest Management Emphasis Area, except that the Secretary shall not be required to study, develop, or describe more than the proposed agency action and 1 alternative to the proposed agency action for purposes of that Act. (2) Public notice and comment.--In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide-- (A) public notice of the covered project; and (B) an opportunity for public comment on the covered project. (3) Length.--The environmental assessment prepared for a covered project under paragraph (1) shall not exceed 100 pages in length. (4) Inclusion of certain documents.--The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. (5) Deadline for completion.--Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. (c) Compliance With Endangered Species Act.--To comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall use qualified professionals on the staff of the Forest Service to make determinations required under section 7 of that Act (16 U.S.C. 1536). (d) Limitation on Revision of National Forest Plans.--The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), reduce the acres designated as suitable for timber harvest under a covered project, unless the Secretary determines, in consultation with the Secretary of the Interior, that the reduction in acreage is necessary to prevent a jeopardy finding under section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)). SEC. 5. ADMINISTRATIVE REVIEW; ARBITRATION. (a) Administrative Review.--Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515). (b) Arbitration.-- (1) In general.--There is established in the Department of Agriculture a pilot program that-- (A) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and (B) shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 4(a)(4)(B). (2) Arbitration process procedures.-- (A) In general.--Any person who sought administrative review for a covered project in accordance with subsection (a) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with-- (i) chapter 1 of title 9, United States Code; and (ii) this paragraph. (B) Requirements for demand.--A demand for arbitration under subparagraph (A) shall-- (i) be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and (ii) include a proposal containing the modifications sought to the covered project. (C) Intervening parties.-- (i) Deadline for submission; requirements.--Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). (ii) Multiple parties.--Multiple objectors or intervening parties that meet the requirements of clause (i) may submit a joint proposal under that clause. (D) Appointment of arbitrator.--The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph (A) is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. (E) Selection of proposals.-- (i) In general.--An arbitrator appointed under subparagraph (D)-- (I) may not modify any of the proposals submitted under this paragraph; and (II) shall select to be conducted-- (aa) a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or (bb) the covered project, as approved by the Secretary. (ii) Selection criteria.--An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 4(b)(1) for the covered project. (iii) Effect.--The decision of an arbitrator with respect to a selection under clause (i)(II)-- (I) shall not be considered a major Federal action; (II) shall be binding; and (III) shall not be subject to judicial review. (F) Deadline for completion.--Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed. SEC. 6. DISTRIBUTION OF REVENUE. (a) Payments to Counties.-- (1) In general.--Effective for fiscal year 2015 and each fiscal year thereafter until the termination date under section 8, the Secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to 25 percent of the amounts received for the applicable fiscal year by the Secretary from the covered project. (2) Limitation.--A payment made under paragraph (1) shall be in addition to any payments the county receives under the payment to States required by the sixth paragraph under the heading ``forest service'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After compliance with subsection (a), the Secretary shall use amounts received by the Secretary from covered projects during each of the fiscal years during the period described in subsection (a) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 576b) and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h)) in contributions equal to the amounts otherwise collected under those Acts for projects conducted on National Forest System land. (c) Deposit in General Fund of the Treasury.--After compliance with subsections (a) and (b), the Secretary shall deposit into the general fund of the Treasury any remaining amounts received by the Secretary for each of the fiscal years referred to in those subsections from covered projects. SEC. 7. PERFORMANCE MEASURES; REPORTING. (a) Performance Measures.--The Secretary shall develop performance measures that evaluate the degree to which the Secretary is achieving-- (1) the purposes of this Act; and (2) the minimum acreage requirements established under section 4(a)(4). (b) Annual Reports.--Annually, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives-- (1) a report that describes the results of evaluations using the performance measures developed under subsection (a); and (2) a report that describes-- (A) the number and substance of the covered projects that are subject to administrative review and arbitration under section 5; and (B) the outcomes of the administrative review and arbitration under that section. SEC. 8. TERMINATION. The authority of this Act terminates on the date that is 15 years after the date of enactment of this Act.

National Forest Jobs and Management Act of 2014 - Authorizes the Secretary of Agriculture (USDA) to conduct projects that involve the management or sale of national forest material (covered projects) within certain National Forest System (NFS) lands (Forest Management Emphasis Areas). Makes timber sale contracts under the National Forest Management Act of 1976 the primary means for carrying out covered projects under this Act. Requires the Secretary to identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7.5 million acres in such areas during a specified 15-year period. Requires the Secretary to comply with the National Environmental Policy Act of 1969 (NEPA) by completing an environmental assessment of the direct environmental effects of each proposed covered project, limited to the proposed agency action and one alternative. Requires administrative review of covered projects to occur only in accordance with the special administrative review process established by the Healthy Forests Restoration Act of 2003. Establishes a pilot program in the USDA that: (1) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative process for a covered project, and (2) shall be the only means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period. Directs the Secretary, for FY2015 and each fiscal year until termination of this Act, to make to each county in which a covered project is carried out annual payments of 25% of the amounts received from that project. Requires the Secretary, after making such payments, to use amounts received from covered projects during such period to make deposits into the fund established under the Knutson-Vandenburg Act and the fund established under the National Forest Management Act of 1976 in contributions equal to the amounts collected under those Acts for projects conducted on NFS lands. Requires the Secretary to develop performance measures that evaluate the degree to which this Act's purposes and the minimum acreage requirements are being achieved.

National Forest Jobs and Management Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Liquid Fuel Act''. SEC. 2. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQUIDS PROJECTS. Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following new subsection: ``(k) Standby Loans for Qualifying CTL Projects.-- ``(1) Definitions.--For purposes of this subsection: ``(A) Cap price.--The term `cap price' means a market price specified in the standby loan agreement above which the project is required to make payments to the United States. ``(B) Full term.--The term `full term' means the full term of a standby loan agreement, as specified in the agreement, which shall not exceed the lesser of 30 years or 90 percent of the projected useful life of the project (as determined by the Secretary). ``(C) Market price.--The term `market price' means the average quarterly price of a petroleum price index specified in the standby loan agreement. ``(D) Minimum price.--The term `minimum price' means a market price specified in the standby loan agreement below which the United States is obligated to make disbursements to the project. ``(E) Output.--The term `output' means some or all of the liquid or gaseous transportation fuels produced from the project, as specified in the loan agreement. ``(F) Primary term.--The term `primary term' means the initial term of a standby loan agreement, as specified in the agreement, which shall not exceed the lesser of 20 years or 75 percent of the projected useful life of the project (as determined by the Secretary). ``(G) Qualifying ctl project.--The term `qualifying CTL project' means-- ``(i) a commercial-scale project that converts coal to one or more liquid or gaseous transportation fuels; or ``(ii) not more than one project at a facility that converts petroleum refinery waste products, including petroleum coke, into one or more liquids or gaseous transportation fuels, that demonstrates the capture, and sequestration or disposal or use of, the carbon dioxide produced in the conversion process, and that, on the basis of a carbon dioxide sequestration plan prepared by the applicant, is certified by the Administrator of the Environmental Protection Agency, in consultation with the Secretary, as producing fuel with life cycle carbon dioxide emissions at or below the average life cycle carbon dioxide emissions for the same type of fuel produced at traditional petroleum based facilities with similar annual capacities. ``(H) Standby loan agreement.--The term `standby loan agreement' means a loan agreement entered into under paragraph (2). ``(2) Standby loans.-- ``(A) Loan authority.--The Secretary may enter into standby loan agreements with not more than six qualifying CTL projects, at least one of which shall be a project jointly or in part owned by two or more small coal producers. Such an agreement-- ``(i) shall provide that the Secretary will make a direct loan (within the meaning of section 502(1) of the Federal Credit Reform Act of 1990) to the qualifying CTL project; and ``(ii) shall set a cap price and a minimum price for the primary term of the agreement. ``(B) Loan disbursements.--Such a loan shall be disbursed during the primary term of such agreement whenever the market price falls below the minimum price. The amount of such disbursements in any calendar quarter shall be equal to the excess of the minimum price over the market price, times the output of the project (but not more than a total level of disbursements specified in the agreement). ``(C) Loan repayments.--The Secretary shall establish terms and conditions, including interest rates and amortization schedules, for the repayment of such loan within the full term of the agreement, subject to the following limitations: ``(i) If in any calendar quarter during the primary term of the agreement the market price is less than the cap price, the project may elect to defer some or all of its repayment obligations due in that quarter. Any unpaid obligations will continue to accrue interest. ``(ii) If in any calendar quarter during the primary term of the agreement the market price is greater than the cap price, the project shall meet its scheduled repayment obligation plus deferred repayment obligations, but shall not be required to pay in that quarter an amount that is more than the excess of the market price over the cap price, times the output of the project. ``(iii) At the end of the primary term of the agreement, the cumulative amount of any deferred repayment obligations, together with accrued interest, shall be amortized (with interest) over the remainder of the full term of the agreement. ``(3) Profit-sharing.--The Secretary is authorized to enter into a profit-sharing agreement with the project at the time the standby loan agreement is executed. Under such an agreement, if the market price exceeds the cap price in a calendar quarter, a profit-sharing payment shall be made for that quarter, in an amount equal to-- ``(A) the excess of the market price over the cap price, times the output of the project; less ``(B) any loan repayments made for the calendar quarter. ``(4) Compliance with federal credit reform act.-- ``(A) Upfront payment of cost of loan.--No standby loan agreement may be entered into under this subsection unless the project makes a payment to the United States that the Office of Management and Budget determines is equal to the cost of such loan (determined under 502(5)(B) of the Federal Credit Reform Act of 1990). Such payment shall be made at the time the standby loan agreement is executed. ``(B) Minimization of risk to the government.--In making the determination of the cost of the loan for purposes of setting the payment for a standby loan under subparagraph (A), the Secretary and the Office of Management and Budget shall take into consideration the extent to which the minimum price and the cap price reflect historical patterns of volatility in actual oil prices relative to projections of future oil prices, based upon publicly available data from the Energy Information Administration, and employing statistical methods and analyses that are appropriate for the analysis of volatility in energy prices. ``(C) Treatment of payments.--The value to the United States of a payment under subparagraph (A) and any profit-sharing payments under paragraph (3) shall be taken into account for purposes of section 502(5)(B)(iii) of the Federal Credit Reform Act of 1990 in determining the cost to the Federal Government of a standby loan made under this subsection. If a standby loan has no cost to the Federal Government, the requirements of section 504(b) of such Act shall be deemed to be satisfied. ``(5) Other provisions.-- ``(A) No double benefit.--A project receiving a loan under this subsection may not, during the primary term of the loan agreement, receive a Federal loan guarantee under subsection (a) of this section, or under other laws. ``(B) Subrogation, etc.--Subsections (g)(2) (relating to subrogation), (h) (relating to fees), and (j) (relating to full faith and credit) shall apply to standby loans under this subsection to the same extent they apply to loan guarantees.''.

Coal Liquid Fuel Act - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy to enter into: (1) standby loan agreements with up to six qualifying CTL projects, at least one of which shall be owned by two or more small coal producers; and (2) a profit-sharing agreement with the project at the time the standby loan agreement is executed. Defines "qualifying CTL project" as: (1) a commercial-scale project that converts coal to liquid or gaseous transportation fuels; or (2) not more than one project at a facility that converts petroleum refinery waste products, including petroleum coke, into liquids or gaseous transportation fuels, and demonstrates the capture, sequestration, or disposition of carbon dioxide produced in the conversion process.

To provide for a standby loan program for certain coal-to-liquid projects.