FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tip-overs of Unstable, Risky Dressers on Youth Act'' or the ``STURDY Act''. SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER OF FREE-STANDING CLOTHING STORAGE UNITS. (a) Free-Standing Clothing Storage Unit Defined.--In this section, the term ``free-standing clothing storage unit'' means any piece of furniture manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, including furniture items that-- (1) are commonly referred to as a chest, door chest, chest of drawers, dresser, or bureau; or (2) may contain a chest, door chest, chest of drawers, dresser, or bureau. (b) Consumer Product Safety Standard Required.-- (1) In general.--Except as provided in subsection (c)(1), not later than 540 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for free-standing clothing storage units to protect children from tip-over- related death or injury. (2) Treatment of standard.--A consumer product safety standard promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) ASTM Standard.-- (1) In general.--Subsection (b)(1) shall not apply if the Commission determines that a voluntary ASTM standard relating to free-standing clothing storage units-- (A) adequately protects children from tip-over- related death or injury from free-standing clothing storage units; (B) is or will be published not later than 180 days after the date of the enactment of this Act; (C) was developed by Subcommittee F15.42 on Furniture Safety of ASTM International; and (D) is likely to be substantially complied with by furniture manufacturers. (2) Publication of determination.--The Commission shall publish each determination made under paragraph (1) in the Federal Register. (3) Treatment of astm standard for purposes of enforcement.--If the Commission determines that a voluntary ASTM standard meets all of the conditions described in paragraph (1), the requirements of such ASTM standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning 180 days after the date on which the Commission's determination is published under paragraph (2). (4) Revision of astm standard.-- (A) In general.--If ASTM International revises an ASTM standard after the Commission makes a determination under paragraph (1) with respect to such standard, ASTM International shall notify the Commission not later than 60 days after the final version of such revised standard is published. (B) Treatment of revised astm standard.-- (i) In general.--Except as provided in clause (ii), the requirements of the revised standard described in subparagraph (A) shall become enforceable as a rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), instead of the prior version of such standard, beginning on-- (I) the date that is 180 days after the date on which ASTM International notifies the Commission of such revision; or (II) such later date as the Commission considers appropriate. (ii) Nonconforming astm standards.--If the Commission determines, not later than 90 days after the date on which ASTM International notifies the Commission of a revised ASTM standard, that the requirements of the revised ASTM standard do not improve the safety of the consumer product covered by the standard with respect to the condition described in paragraph (1)(A), the Commission shall continue to enforce the prior version of such standard in accordance with paragraph (3). (d) Subsequent Rulemaking.-- (1) In general.--At any time subsequent to the publication of a consumer product safety standard under subsection (b)(1) or a determination regarding an ASTM standard under subsection (c)(1), the Commission may initiate a rulemaking, in accordance with section 553 of title 5, United States Code-- (A) to modify the requirements of the consumer product safety standard described in subsection (b)(1) or (c)(1); or (B) to include any additional provision in such consumer product safety standard that the Commission determines is reasonably necessary to protect public health or safety. (2) Treatment of rules.--Any rule promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

Stop Tip-overs of Unstable, Risky Dressers on Youth Act or the STURDY Act This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final consumer product safety standard for free-standing clothing storage units (furniture items referred to as, or that may contain, a chest, door chest, chest of drawers, dresser, or bureau) to protect children from tip-over-related death or injury, unless the CPSC determines that a voluntary ASTM (American Society for Testing and Materials) International standard adequately protects children and is likely to be complied with by furniture manufacturers. If an ASTM standard meets the CPSC's requirements, the standard shall be treated as a consumer product safety rule.

STURDY Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Infrastructure Transformation Act of 2001''. SEC. 2. ADDITIONAL ROUND OF DEFENSE BASE CLOSURES AND REALIGNMENTS IN 2003. (a) Additional Round of Closures Authorized.--The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-501; 10 U.S.C. 2687 note) is amended by adding at the end the following new section: ``SEC. 2912. BASE REINVESTMENT AND COMMUNITY ENTERPRISE INITIATIVE FOR 2003. ``(a) Authorization of Additional Base Closure Round.--(1) During the period between January 15, 2003, and January 31, 2003, the President may elect to commence an additional round of base closures and realignments by transmitting to the Senate nominations for the appointment of new members to the Defense Base Closure and Realignment Commission. If the President does not transmit to Congress the nominations during that period, the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(2) As part of the submission of the nominations under paragraph (1), the Secretary of Defense may submit to Congress a report explaining the military necessity for further base closures and realignments. ``(3) Notwithstanding section 2902(d), the term of the Commission required for the round of base closures and realignment authorized by this section shall continue until the disposal of property at all military installations approved for closure under this section is completed. Notwithstanding section 2902(i), the Commission may only maintain 15 staff members after December 31, 2003. ``(b) Selection Criteria.--(1) The Secretary shall amend the criteria to be used in making recommendations for the closure or realignment of military installations inside the United States to reflect the requirement to develop a list of those military installations to be excluded from the base closure and realignment process, as provided in subsection (c). The Secretary shall comply with section 2903(b)(2)(B) in amending the criteria, except that the Secretary shall publish the proposed amendments in the Federal Register and transmit them to the congressional defense committees not later than December 1, 2002, and publish the final criteria in the Federal Register and transmit to such committees not later than January 15, 2003. The Secretary shall comply with section 2903(a) in preparing the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2004. ``(2) It is the sense of Congress that the national security needs of the United States in the future will be best met by a military force that operates on the principle of jointness, and, therefore, the Secretary and the Commission should consider jointness when performing their duties in the additional round of base closures and realignments authorized by this section. ``(c) List of Installations Excluded From Consideration for Closure or Realignment.--(1) Before preparing the list of military installations inside the United States that the Secretary recommends for closure or realignment, the Secretary shall prepare a list of core military installations that the Secretary considers absolutely essential to the national defense and that should not be considered for closure. ``(2) Not later than February 15, 2003, the Secretary shall submit to the congressional defense committees, publish in the Federal Register, and send to the Commission the list required by paragraph (1). The list shall contain not more than 50 percent of the military installations inside the United States. ``(3) The Commission shall consider the list based on the amended criteria developed under subsection (b). The Commission may modify this list, in the manner provided in section 2903(d), if the Commission finds that the inclusion of a military installation on the list substantially violates the criteria. Except as provided in subsection (d), the Commission shall forward to the President, not later than April 15, 2003, a report containing its recommendations regarding the list, which must comply with the percentages specified in paragraph (2). The Comptroller General shall also comply with section 2904(d)(5) by that date. ``(4) If the Commission submits a report to the President under paragraph (3), the President shall notify Congress, not later than April 30, 2003, regarding whether the President approves or disapproves the report. If the President disapproves the report, the Commission shall have until May 15, 2003, to submit a modified report, after which the President shall have until May 22, 2003, to transmit the modified report to Congress. If the President fails to do so or does not approve the modified list, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(5) A military installation included on the exclusion list approved under this subsection may not be included on the closure and realignment list prepared under subsection (e) or otherwise considered for closure or realignment as part of the base closure process under this section. ``(d) Commission Review of Need for Further Closures.--As part of its activities under subsection (c), the Commission shall determine whether there exists a military necessity for further base closures. In making this determination, the Commission may take such testimony and consider such submitted documentation and statements as the Commission considers appropriate. If the Commission determines that further closures are not militarily necessary, and transmits this determination to the President, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(e) Preparation and Consideration of Closure and Realignment List.--(1) Not later than 15 days after that date on which the President approves the list prepared under subsection (c), the Secretary shall publish in the Federal Register, transmit to the congressional defense committees, and send to the Commission, a list of military installations recommended for closure or realignment. The Commission shall consider this list in the manner provided in section 2903(d), except that the Commission's report shall be transmitted to the President not later than October 15, 2003. ``(2) Not later than October 30, 2003, the President shall notify Congress regarding whether the President approves or disapproves the report. If the President disapproves the closure list, the Commission shall have until November 15, 2003, to submit a revised list. If the President does not approve the revised list by November 30, 2003, or does not transmit approval or disapproval of the revised list to Congress by that date, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. If the President approves the original or revised list, the President shall transmit to Congress a copy of the Commission's report, together with the certification of such approval. ``(f) Congressional Disapproval.--Section 2904(b)(1) shall apply to the base closure process required by this section, except that the date otherwise determined under subparagraph (A) of such section is deemed to be December 31, 2003. ``(g) Implementation.--Within three years after the date of the enactment of this section, the Secretary shall initiate the closure or realignment, as the case may be, of all military installations recommended for closure or realignment by the Commission in the report transmitted to the Congress by the President pursuant to subsection (e), unless Congress disapproves of the report as provided in subsection (f). ``(h) Commission's Role During Closure.--(1) During the Secretary's implementation of base closures and realignments approved under this section, the Commission shall serve as an Ombudsman, to which any affected community (containing or bordering a military installation to be closed) or redevelopment authority may appeal regarding problems or disputes with the Secretary in the process of closure or realignment. Appeals may be submitted to the Commission regarding any dispute between the affected parties (the Secretary, redevelopment authorities, and local communities) after approval of the closure list. ``(2) The Commission is authorized, but not required, to issue a decision on an appeal submitted under paragraph (1). Any such decision shall be made by majority vote. The decision shall be binding on the Secretary unless the Secretary overrules the decision of the Commission. If the Secretary overrules a decision, the Secretary shall provide written notice, including the reasons why the Secretary is overruling the decision, to the Chairman of the Commission, the affected community or redevelopment authority, and the Chairmen and ranking minority members of the Committees on Armed Services of the Senate and House of Representatives. ``(3) The Commission may not take a military installation off the closure list, change a closure to a realignment (or vice versa), or make any other substantive changes to the list, but the Commission shall have jurisdiction over solely procedural matters.''. (b) Adjustment and Diversification Assistance.--Section 2391(b)(1) of title 10, United States Code, is amended by inserting after ``the affected community'' the following: ``or the community contains an economically distressed area''. (c) Report on Expediting Base Closure Property Transfers.--Not later than December 31, 2003, the Secretary of Defense shall submit to Congress a report evaluating the feasibility of permitting local communities and redevelopment authorities to take possession of individual structures on military installations approved for closure, when such structures are no longer needed for military purposes, without waiting for the closure of the installation.

Military Infrastructure Transformation Act of 2001 - Amends the Defense Base Closure and Realignment Act of 1990 to authorize the President to elect to commence an additional round of military base closures and realignments by transmitting to the Senate nominations for the appointment of new members to the Defense Base Closure and Realignment Commission. Allows the Secretary of Defense, as part of such submission, to explain to Congress the military necessity for further base closures and realignments.Requires the Secretary to amend the criteria to be used in making recommendations to develop a list of those installations to be excluded from the closure and realignment process.Expresses the sense of Congress that the Secretary and the Commission should consider military force jointness when performing their base closure and realignment duties.Requires the Secretary, before preparing a list of recommended closures or realignments, to submit a list of core military installations considered absolutely essential to the national defense that should not be considered for closure which shall contain not more than 50 percent of the military installations inside the United States. Requires the Commission to consider such list, to determine whether there exists a military necessity for further base closures, and to submit its recommendations to the President for approval.Requires the Secretary to publish and transmit to the congressional defense committees and the Commission a final list of installations recommended for closure or realignment. Provides for presidential approval or disapproval, and eventual implementation, of such list. Directs the Commission to serve as an ombudsman during implementation.

To amend the Defense Base Closure and Realignment Act of 1990 to authorize an additional round of military base closures and realignments using a two-step process that first identifies those military bases that may not be considered for closure or realignment.

SECTION 1. RESOURCE STAFF FOR STUDENTS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et. seq) is amended by adding at the end the following: ``PART L--RESOURCE STAFF FOR STUDENTS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals have an extremely busy caseload and often students do no get the help they need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) Schools in the United States need more mental health professionals, and the funds needed to hire staff to specifically serve students. ``(4) The maximum recommended ratio of students-to- counselors is 250:1. ``(5) Existing counselors are severely taxed to perform duties that are largely administrative in nature, such as scheduling. They are burdened with many demands regarding placement in colleges, texting, career guidance, and the like. ``(6) Student populations are expected to grow significantly over the next few years. School-based services for students will be in great demand. With expected large scale retirements, more than 100,000 new dedicated resource staff for students will be needed to increase student-to-staff service availability. ``(7) Federal support for reducing the student-to-staff ratio would pay for itself, through reduced violence and substance abuse, and through improvements in students' academic achievement. ``SEC. 10994. PURPOSES. ``The purposes of this part are to assist local educational agencies in recruiting, training, and hiring 100,000 school-based resource staff to specifically work with students-- ``(1) to reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of 1 such staff for every 250 students as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help address the mental, emotional, and developmental needs of public school students; and ``(3) to support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM. ``(a) In General.--In accordance with this section, the Secretary shall make grants to local educational agencies to assist such agencies in providing resource staff to meet students' needs. ``(b) Distribution.--In making grants under this section, the Secretary shall ensure that there is a fair distribution of grants nationwide. ``(c) Duration.--Each grant made under this section shall be for a period not to exceed 3 years. ``(d) Application.-- ``(1) In general.--Each local educational agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the secondary public school population to be targeted by the program, the particular personal, social, emotional, education, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) document that the applicant has the personnel qualified to develop, implement, and administer the program; and ``(E) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources. ``(e) Use of Funds.--Funds made available to local educational agencies under this section shall be used to provide resource staff in accordance with the purposes described in section 10994. ``(f) Definition.--For purposes of this part the term `resource staff' means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who-- ``(1) possesses State licensure or certification in mental health granted by an independent professional regulatory authority; ``(2) possesses national certification in mental health or in a related specialty granted by an independent professional organization; ``(3) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; ``(4) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting, and possesses State licensure or certification in school psychology in the State in which the individual works; or ``(5) holds a master's degree in social work and is licensed or certified by the State in which services are to be provided or holds a school social work specialist credential. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $2,800,000,000 for fiscal year 2002, $3,000,000,000 for fiscal year 2003, $3,200,000,000 for fiscal year 2004, and $3,500,000,000 for fiscal year 2005 and each fiscal year thereafter.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for Resource Staff for Students. Direct the Secretary of Education to make such grants to local educational agencies for recruiting, training, and hiring 100,000 individuals to serve as school-based resource staff who have documented competence and training in mental health, as well as other specified minimum qualifications.Requires such resource staff to work with students to: (1) reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of one such staff member for every 250 students; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services.

To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to local educational agencies for the recruitment, training, and hiring of 100,000 individuals to serve as school-based resource staff.

SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Better Agriculture Resources Now Act''; or (2) the ``BARN Act''. SEC. 2. H-2A PROGRAM REFORMS. (a) Definition of Agricultural Labor or Services.--Section 101(a)(15)(H)(ii)(a) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended-- (1) by striking ``and the pressing'' and inserting ``the pressing''; and (2) by striking ``of a temporary'' and all that follows through the end and inserting ``, and the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, or''. (b) Deemed Approval.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)) is amended by inserting before ``In considering'' the following: ``The Secretary of Labor shall review such application and shall provide a determination on the application within 30 days of the date of the filing of the application. If the Secretary does not comply with the deadline in the preceding sentence, the application shall be deemed approved.''. (c) Experience Requirement.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)), as amended by subsection (b), is further amended by adding at the end the following: ``A job offer may contain an experience requirement as long as work performed in an illegal status may not be counted towards such requirement.''. (d) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended-- (1) by striking ``(A)''; and (2) by striking subparagraph (B). (e) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting ``, except that no employer shall be required to pay a wage rate greater than 115 percent of the greatest of the Federal, State, and local minimum wage rates.''. (f) Deadline for Filing Applications.--Section 218(c)(1) of such Act (8 U.S.C. 1188(c)(1)) is amended by striking ``45'' and inserting ``30''. (g) Period of Authorized Nonimmigrant Status.--Section 218(h) of such Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) The initial period of authorized status as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) shall not exceed 1 year. Such period may be extended once by the Secretary of Homeland Security for a period of up to 1 year, except that such extension may be granted only if the Secretary of Labor determines that the employer has engaged in the positive recruitment efforts described in subsection (b)(4) (including the obligation to circulate the employer's job offer through the interstate employment service system). In the case of a nonimmigrant who has remained in the United States for the full 2-year period, the nonimmigrant shall be obliged to depart the United States and shall not be eligible to re-apply for a visa to re-enter the United States as such a nonimmigrant for a period of 2 months. If at any time during a period of authorized admission the alien has a work lapse period of 60 days or more, the visa of the alien shall be deemed revoked and the alien shall be required to depart from the United States, except that if an employer has applied for a certification under subsection (a)(1) with respect to an alien who has a work lapse of 60 days or less, such period shall not begin until after the Secretary has made a determination on the application consistent with subsection (c).''. (h) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: ``(4) Housing requirement.-- ``(A) In general.--Except as provided under subparagraph (F), each employer applying for workers under subsection (b) shall offer to provide housing at no cost to-- ``(i) all workers in job opportunities for which the employer has applied; and ``(ii) all other workers in the same occupation at the same place of employment whose place of residence is beyond normal commuting distance. ``(B) Compliance.--An employer meets the requirement under subparagraph (A) if the employer-- ``(i) provides the workers with housing that meets applicable Federal standards for temporary labor camps; or ``(ii) secures housing for the workers that-- ``(I) meets applicable local standards for rental or public accommodation housing, or other substantially similar class of habitation; or ``(II) in the absence of applicable local standards, meets State standards for rental or public accommodation housing or other substantially similar class of habitation. ``(C) Inspection.-- ``(i) Request.--At the time an employer that plans to provide housing described in subparagraph (B) to H-2A workers files an application for H-2A workers with the Secretary of Labor, the employer shall request a certificate of inspection by an approved Federal or State agency. ``(ii) Inspection; follow up.--Not later than 28 days after the receipt of a request under clause (i), the Secretary of Agriculture shall ensure that-- ``(I) such an inspection has been conducted; and ``(II) any necessary follow up has been scheduled to ensure compliance with the requirements under this paragraph. ``(iii) Delay prohibited.--The Secretary of Agriculture may not delay the approval of an application for failing to comply with the deadlines set forth in clause (iii). ``(D) Rulemaking.--The Secretary of Agriculture shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock. ``(E) Housing allowance.-- ``(i) Authority.--If the Governor of a State certifies to the Secretary of Agriculture that there is adequate housing available in the area of intended employment for migrant farm workers and H-2A workers who are seeking temporary housing while employed in agricultural work, an employer in such State may provide a reasonable housing allowance instead of offering housing pursuant to subparagraph (A). An employer who provides a housing allowance to a worker shall not be required to reserve housing accommodations for the worker. ``(ii) Assistance in locating housing.-- Upon the request of a worker seeking assistance in locating housing, an employer providing a housing allowance under clause (i) shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. ``(iii) Limitation.--A housing allowance may not be used for housing that is owned or controlled by the employer. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies under this subparagraph shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protect Act (29 U.S.C. 1823) solely by virtue of providing such housing allowance. ``(iv) Other requirements.-- ``(I) Nonmetropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(II) Metropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(v) Information.--If the employer provides a housing allowance to H-2A employees, the employer shall provide a list of the names and local addresses of such workers to the Secretary of Agriculture and the Secretary of Homeland Security once per contract period.''. (i) Legal Assistance From the Legal Services Corporation.--Section 218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (g), is further amended by adding at the end the following: ``(4)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. ``(B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. ``(C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer's property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.''. (j) Effect of Violations While in United States.--Section 218(f) of such Act (8 U.S.C. 1188(f)) is amended to read as follows: ``(f) Effect of Violations.-- ``(1) Overstays.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant within the previous 5-year period and the alien remained after the alien's period of authorized admission expired or otherwise violated a term or condition of such previous admission. ``(2) Fraud.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant on the basis of fraud. ``(3) Other crimes.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant and committed an offense that rendered the alien deportable while in the United States pursuant to such admission. ``(4) Employer bar.--The Secretary of Labor may not issue a certification under subsection (a) with respect to an employer if the Secretary finds, after notice and an opportunity for a hearing, that the employer knowingly hired an H-2A worker whose period of authorized admission had expired or that the employer otherwise engaged in fraud or misrepresentation with respect to the program for the admission of such workers into the United States. The Secretary of Homeland Security shall not thereafter approve petitions filed by such employer under section 214(c). An employer that establishes that it has complied in good faith with the requirements of this Act has established an affirmative defense in an action brought under this paragraph.''.

Better Agriculture Resources Now Act or the BARN Act - Revises the H-2A nonimmigrant agricultural worker visa program, including provisions regarding: (1) agricultural labor and services, (2) application requirements, (3) wages, (4) period of authorized nonimmigrant status, (5) housing, (6) legal assistance, and (7) violations.

To reform the H-2A program for nonimmigrant agricultural workers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Default Swap Prohibition Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Credit default swaps were conceived as insurance instruments, used to diffuse risk and increase liquidity throughout our lending system. (2) The credit default swap market has grown over the past decade to include contracts that are entered into by persons with no economic interest in the contract's underlying reference event, also known as naked credit default swaps. (3) Certain parties wrote credit default swap contracts without posting collateral, leaving them overexposed to certain asset classes and creating a systemic risk. (4) Unconnected and uncollateralized speculation creates an unnecessary risk for our financial system. (5) Credit default swaps have proved to be harmful financial instruments and have caused significant wealth destruction during our economic crisis. (b) Purpose.--The purposes of this Act are-- (1) to allow the Securities and Exchange Commission to have oversight over all security-based swap agreements; and (2) to prevent further damage to our economy by prohibiting credit default swaps. SEC. 3. ESTABLISHING SECURITIES AND EXCHANGE COMMISSION OVERSIGHT OF CREDIT DEFAULT SWAPS. (a) Definition of Credit Default Swap.-- (1) Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end the following: ``(17) Credit default swap.--The term `credit default swap' means-- ``(A) a swap agreement (as such term is defined in section 206A of the Gramm-Leach-Bliley Act) that protects a party to such agreement against the risk of a loss of value because of the occurrence or non- occurrence of an event or contingency specified in such agreement relating to a security, loan, or other reference asset; and ``(B) such other forms of credit risk protection as the Commission may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors.''. (2) Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following: ``(65) Credit default swap.--The term `credit default swap' means-- ``(A) a swap agreement (as such term is defined in section 206A of the Gramm-Leach-Bliley Act) that protects a party to such agreement against the risk of a loss of value because of the occurrence or non- occurrence of an event or contingency specified in such agreement relating to a security, loan, or other reference asset; and ``(B) such other forms of credit risk protection as the Commission may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors.''. (b) Securities Act Jurisdiction Over Swaps.--Section 2A(b) of the Securities Act of 1933 (15 U.S.C. 77b-1(b)) is amended-- (1) in paragraph (1), by striking ``does not'' and inserting ``shall''; (2) by amending paragraph (2) to read as follows: ``(2) The Commission may require the registration of any security-based swap agreement under this title.''; and (3) by amending paragraph (3) to read as follows: ``(3) The Commission may promulgate rules, interpret rules, enforce rules, and issue orders of general applicability under this title in a manner that imposes or specifies reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap agreement.''. (c) Securities Exchange Act Jurisdiction Over Swaps.--Section 3A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78c-1(b)) is amended-- (1) in paragraph (1), by striking ``does not'' and inserting ``shall''; (2) by amending paragraph (2) to read as follows: ``(2) The Commission may require registration of any security-based swap agreement under this title.''; and (3) by amending paragraph (3) to read as follows: ``(3) The Commission may promulgate rules, interpret rules, enforce rules, and issue orders of general applicability under this title in a manner that imposes or specifies reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap agreement.''. (d) Technical and Conforming Amendment.-- (1) Section 17 of the Securities Act of 1933 (15 U.S.C. 77q) is amended by striking subsection (d). (2) Section 9 of the Securities Exchange Act of 1934 (15 U.S.C. 78i) is amended by striking subsection (i). (3) Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by striking subsection (i) (as added by section 303(f) of the Commodity Futures Modernization Act of 2000). (4) Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by striking subsection (g). (5) Section 20 of the Securities Exchange Act of 1934 (15 U.S.C. 78t) is amended by striking subsection (f). (6) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended by striking subsection (g). SEC. 4. PROHIBITION ON CREDIT DEFAULT SWAPS. The Securities Exchange Act of 1934 is amended by inserting after section 7 (15 U.S.C. 78g) the following new section: ``SEC. 7A. PROHIBITION ON CREDIT DEFAULT SWAPS. ``It shall be unlawful for any person to enter into a credit default swap agreement or contract.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect with respect to swap agreements (as such term is defined in section 206A of the Gramm-Leach-Bliley Act) and credit default swaps (as such term is defined in section 3(a)(65) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(65))) entered into after the end of the 180-day period beginning on the date of the enactment of this Act.

Credit Default Swap Prohibition Act of 2009 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to grant the Securities and Exchange Commission (SEC) regulatory jurisdiction over any security-based swap agreement, including authority to issue, interpert, and enforce rules and orders in a manner that imposes prophylactic measures against fraud, manipulation, or insider trading. Defines credit default swap as: (1) a swap agreement that protects a party to it against the risk of a loss of value because of the occurrence or non-occurrence of an event or contingency specified in the agreement relating to a security, loan, or other reference asset; and (2) such other forms of credit risk protection as the SEC may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors. Authorizes the SEC to require registration of any security-based swap agreement. Amends the Securities Exchange Act of 1934 to declare it unlawful for any person to enter into a credit default swap agreement or contract.

To amend the securities laws to prohibit credit default swaps and to provide the Securities and Exchange Commission with the authority to regulate swap agreements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Improvement and Value Enhancement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the average telephone penetration rate for Native Americans on reservations is 47 percent (with some reservations as low as 16 percent) as compared to 94 percent for the entire United States; (2) barriers to telephone penetration on Native American reservations include poverty (the per capita income for Native Americans is $8,234), the high cost of service due to sparse population, and geographic challenges; and (3) without telephone service, individuals cannot obtain access to medical care in an emergency (911 service), cannot reach prospective employers quickly and easily, and cannot take advantage of the educational, medical, and commercial opportunities offered by the Internet. SEC. 3. ESTABLISHMENT OF LOAN PROGRAM. The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended by adding at the end the following: ``TITLE VI--MISCELLANEOUS PROVISIONS ``SEC. 601. NATIVE AMERICAN TELECOMMUNICATIONS IMPROVEMENT AND VALUE ENHANCEMENT LOAN PROGRAM. ``(a) In General.--The Secretary, acting through the Rural Utilities Service, shall establish a program to make loans to eligible Indian tribes (or tribal entities that have entered into a partnership with a telecommunications carrier) to enable such tribes to provide for the development of telecommunications infrastructure (wireline or wireless) on lands under the jurisdiction of the tribe involved. ``(b) Eligibility.--To be eligible to receive a loan under the program established under subsection (a) an Indian tribe shall-- ``(1)(A) be a member of a cooperative that is made up of Federally-recognized Indian tribes specifically formed for the purpose of providing telecommunications services to members of the tribes involved; or ``(B) be a Federally-recognized Indian tribe that has entered into an agreement with a telecommunications carrier for the purpose of obtaining loans under this section to improve the telecommunications infrastructure on lands under the jurisdiction of the tribe involved; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a telecommunications plan that meets the requirements of section 305(d)(3)(B), including an assurance that any amounts will only be used to provide service to unserved or underserved areas. ``(c) Revolving Loan Fund.-- ``(1) In general.--There is hereby established in the Treasury of the United States a fund, to be known as the Native American Telecommunications Improvement Revolving Fund (referred to as the `Fund'), consisting of-- ``(A) all notes, bonds, obligations, liens, mortgages, and property delivered or assigned to the Secretary pursuant to loans made under this section, and all proceeds from the sales of such notes, bonds, obligations, liens, mortgages, and property, which shall be transferred to and be assets of the Fund; ``(B) all collections of principal and interest received on a loan made under subsection (a), which shall be paid into and be assets of the Fund; and ``(C) all amounts appropriated to the Fund under subsection (f). ``(2) Use.--The assets of the Fund shall be used-- ``(A) to make loans under subsection (a) and to otherwise administer the loan program under this section; and ``(B) to award grants as provided for in subsection (e). ``(d) Interest.--The interest rate for any loan made under subsection (a) shall not exceed an annual rate of-- ``(1) two percent for loans made to tribes where the per capita income of the area to be served under the loan is 25 percent or less of the per capita income of the entire United States, based on the most recent census; ``(2) three percent for loans made to tribes where the per capita income of the area to be served under the loan is at least 26 percent but less than 34 percent of the per capita income of the entire United States, based on the most recent census; ``(3) four percent for loans made to tribes where the per capita income of the area to be served under the loan is at least 34 percent but less than 51 percent or less of the per capita income of the entire United States, based on the most recent census; or ``(4) five percent for loans made to tribes-- ``(A) where the per capita income of the area to be served under the loan is at least 51 percent of the per capita income of the entire United States, based on the most recent census; or ``(B) that otherwise meet the definition of hardship as contained in the Rural Utilities Service regulations in effect on the date of enactment of this Act. ``(e) Grants.-- ``(1) In general.--The Secretary shall award grants to Indian tribes to enable such tribes to conduct feasibility studies with respect to tribal telecommunications projects. ``(2) Limitation.--The amount of a grant awarded under paragraph (1) shall not exceed $200,000. ``(3) Funding.--Of the amount appropriated under subsection (f) and transferred to the Fund-- ``(A) $2,000,000 shall be used to award grants under this section in fiscal year 2001; and ``(B) an amount determined appropriate by the Secretary from the interest derived from loans made under this section shall be used to award grants under this section in subsequent fiscal years. ``(f) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000,000 to carry out this section. ``(g) Definitions.--In this section: ``(1) Federally-recognized indian tribe.--The term `Federally-recognized Indian tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that is acknowledged by the Federal Government to constitute a government-to-government relationship with the United States and to be eligible for the programs and services established by the United States for Indians. ``(2) Telecommunications carrier.--The term `telecommunications carriers' means any provider of telecommunications services. ``(h) Termination.--The program established under this section shall terminate on the earlier of-- ``(1) the date that is 10 years after the date on which the first loan is made under the program; or ``(2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.''.

Establishes in the Treasury the Native American Telecommunications Improvement Revolving Fund to make loans and award grants to eligible tribes. Limits loan interest rates dependent upon tribal per capita income. Directs the Secretary to award grants to enable tribes to conduct feasibility studies with respect to telecommunications projects. Limits grants to $200,000. Authorizes appropriations for such loans and grants. Terminates the program on the earlier of: (1) ten years after the first loan is made; or (2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.

Native American Telecommunications Improvement and Value Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Enforcement Act''. SEC. 2. ELIMINATION OF SENATE CONFIRMATION REQUIREMENT FOR THE APPOINTMENT OF THE DIRECTOR OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. Section 599A(a)(2) of title 28, United States Code, is amended by striking ``President, by and with the advice and consent of the Senate'' and inserting ``Attorney General,''. SEC. 3. ELIMINATION OF LIMITATIONS RELATING TO FIREARMS TRACE DATA. (a) Tiahrt Amendments.-- (1) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 6th proviso. (2) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128- 3129) is amended by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''. (3) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''. (4) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903- 1904) is amended by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''. (5) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with respect to any fiscal year''. (6) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect to any fiscal year''. (b) Prohibition on Use of Firearms Trace Data To Draw Broad Conclusions About Firearms-Related Crime.-- (1) Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 271-272) is repealed. (2) Section 516 of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is repealed. SEC. 4. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS LICENSEES. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 1st proviso. SEC. 5. ELIMINATION OF PROHIBITION ON IMPOSITION OF REQUIREMENT THAT FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS INVENTORY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 5th proviso. SEC. 6. ELIMINATION OF REQUIREMENT THAT INSTANT CHECK RECORDS BE DESTROYED WITHIN 24 HOURS. Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. SEC. 7. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES INCIDENTS OR FIREARM TRACES. Section 644 of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473- 474) is repealed. SEC. 8. ELIMINATION OF PROHIBITIONS RELATING TO ``CURIOS OR RELICS'' AND IMPORTATION OF SURPLUS MILITARY FIREARMS. (a) Section 518 of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is repealed. (b) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 921 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 1st proviso. (c) Section 519 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 274) is repealed. SEC. 9. ELIMINATION OF PROHIBITION ON DENIAL OF FEDERAL FIREARMS LICENSE DUE TO LACK OF BUSINESS ACTIVITY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 6th proviso. SEC. 10. ELIMINATION OF PROHIBITION ON THE TRANSFER OF THE FUNCTIONS, MISSIONS, OR ACTIVITIES OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO OTHER AGENCIES OR DEPARTMENTS. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is amended by striking the 3rd proviso. SEC. 11. ELIMINATION OF PROHIBITION ON SEARCH COMPUTERIZED RECORDS OF FEDERALLY LICENSED FIREARMS DEALERS WHO ARE OUT OF BUSINESS. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 610) is amended by striking the 7th proviso. SEC. 12. ELIMINATION OF PROHIBITION ON DENYING, OR FAILING TO ACT ON, APPLICATION TO IMPORT CERTAIN SHOTGUN MODELS ON THE BASIS THAT THE SHOTGUN WAS NOT PARTICULARLY SUITABLE FOR OR READILY ADAPTABLE TO SPORTING PURPOSES. Section 532 of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is repealed.

ATF Enforcement Act This bill amends the federal judicial code to require the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to be appointed by the Attorney General. Currently, the Director is appointed by the President and confirmed by the Senate. Additionally, it amends several appropriations laws to remove limitations on the ATF's authority to conduct activities related to the administration of federal firearms laws. The amended appropriations laws include: the Consolidated Appropriations Act, 2016; the Consolidated and Further Continuing Appropriations Act, 2013; the Consolidated and Further Continuing Appropriations Act, 2012; the Consolidated Appropriations Act, 2010; the Omnibus Appropriations Act, 2009; the Consolidated Appropriations Act, 2008; the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006; the Consolidated Appropriations Act, 2005; and the Consolidated Appropriations Resolution, 2003. The bill removes provisions from these laws that: prohibit the consolidation or centralization within the Department of Justice of firearm transfer records maintained by federal firearms licensees; prohibit the imposition of a requirement that firearms dealers conduct a physical inventory; require instant background check records to be destroyed within 24 hours; limit the use of firearms tracing data; limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces; limit denials of applications to import "curios or relics" firearms, parts, or ammunition; prohibit denials of federal firearms licenses due to lack of business activity; prohibit the transfer of functions, missions, or activities to other agencies or departments; prohibit the search of electronic firearm transfer records of federally licensed gun dealers who go out of business; and prohibit denials of applications to import certain non-sporting shotguns.

ATF Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Act of 1993''. SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS WHOSE VICTIMS ARE CHILDREN. (a) States To Register Persons Convicted of Sex Offenses Against Children.-- (1) In general.--Each State shall establish and maintain a registration program under this section requiring persons convicted of a sex offense against a victim who is a child to register a current address and other information that the Attorney General deems relevant, with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final. Each State shall permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered. (2) Attorney general to establish guidelines.--The Attorney General shall establish guidelines for State registration programs under this section. (3) Mandatory elements of guidelines.--Such guidelines shall include provision for-- (A) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (B) annual updating of the information contained in the registry by each registered person; (C) criminal penalties for failing to comply with the registration requirements; and (D) a toll-free phone number through which residents of the State may make the inquiries described in paragraph (1). (b) States To Report.-- (1) In general.--Each State shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe-- (A) information about each conviction for a sex offense against a victim who is a child; and (B) the information on the registry that State is required to establish and maintain under subsection (a). (2) Annual summary of convictions.--The Attorney General shall publish an annual summary of convictions for sex offenses involving children, based on information reported under this section. (c) Sanction for Noncompliance by State.--If a State fails to comply with an obligation under subsection (a) or (b) during the period that begins 3 years after the date of the enactment of this Act, the allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be reduced by 25 percent, and the unallocated funds shall be reallocated to the States complying with those obligations. (d) Background Checks.-- (1) In general.--A State shall permit qualified entities to obtain from an authorized agency of the State a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime. (2) Attorney general to provide information.--The Attorney General, in accordance with such rules and subject to such conditions as the Attorney General shall prescribe, shall provide to authorized agencies of States information possessed by the Department of Justice that would enable the agency to make the background check described in paragraph (1). In making such rules and setting such conditions, the Attorney General shall take care to assure-- (A) the currency and accuracy of the information; and (B) that the States maintain procedures to permit providers to check and correct information relating to such providers. (e) Definitions.--As used in this Act-- (1) the term ``child'' means a person who has not attained the age of 18 years; (2) the term ``sex offense'' means a criminal offense which includes as a element conduct that is a sexual act or sexual conduct as defined in section 2245 of title 18, United States Code; (3) the term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States; (4) the term ``authorized agency of the State'' means the agency of the State the State designates to carry out the background checks described in subsection (d); (5) the term ``qualified entity'' means a business or organization of any sort that provides child education or child care or child education or child care placement services, including a business or organization that licenses or certifies others to provide such services; (6) the term ``provider'' means any person who-- (A) seeks or has contact with a child while that child is receiving care from a qualified entity; and (B) seeks employment or ownership of a qualified entity; and (7) the term ``background check crime'' means, with respect to a provider, any crime committed by that provider that, as determined under rules prescribed by the Attorney General, may affect the safety of children under the care of a qualified entity with respect to which that provider has a relationship described in paragraph (5).

Child Protection Act of 1993 - Requires each State to: (1) establish and maintain a program requiring persons convicted of a sex offense against a child victim to register a current address and other information deemed relevant by the Attorney General with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final; and (2) permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered. Directs the Attorney General to establish guidelines for State registration programs, which shall include: (1) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (2) annual updating of the registry information by each registered person; (3) criminal penalties for failing to comply with the registration requirements; and (4) a toll-free telephone number through which residents of the State may make inquiries. Sets forth provisions regarding: (1) State reporting requirements (and requires the Attorney General to publish an annual summary of convictions for sex offenses involving children, based on reported information); and (2) sanctions for noncompliance by a State. Requires: (1) a State to permit qualified entities to obtain from an authorized State agency a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime; and (2) the Attorney General to provide to authorized State agencies information possessed by the Department of Justice that would enable the agency to make a background check (but assuring the currency and accuracy of the information and that the States maintain procedures to permit providers to check and correct information relating to them).

Child Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Study Required.--The Secretary of the Interior shall conduct a special resource study of the lands, waters, and interests of the study area to evaluate a range of alternatives for protecting resources of the study area, including-- (1) expanding the Santa Monica Mountains Recreation Area and redesignating the area as the ``Santa Monica Mountains and Coastal Recreation Area''; or (2) creating a new coastal recreation area designated as ``Los Angeles Coastal Recreation Area''. (b) Study Topics.--In conducting the study, the Secretary shall evaluate alternatives that accomplish, to the extent practicable, the following objectives: (1) Preserving and restoring beaches, coastal uplands, and waterways. (2) Connecting, coordinating, and preserving State, county, and local government parks and other publicly owned lands to enhance the potential for public recreation use. (3) Developing and protecting historic sites, significant landscapes, districts, sites, structures, and recreation areas in connection therewith, including parks, picnic areas, scenic overlooks, hiking trails, bicycle trails and equestrian trails. (4) Creating open spaces for parks and recreational use along the coastline adjoining the Ballona Wetlands, in the City of Santa Monica, adjacent to and along State and county beaches of Los Angeles along the north Santa Monica Bay down through Dockweiler State Beach up and around the Ballona Creek and Wetlands, Baldwin Hills, and along the coastline in the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (5) Protecting wildlife populations in the designated area by preserving and restoring the Ballona Creek and Wetlands. (6) Establishing connections along the trail systems in the designated areas with the aim of creating or maintaining single contiguous trails along the Santa Monica Bay coastline and through Ballona Creek into the Baldwin Hills and encompassing major feeder trails connecting adjoining communities and regional transit to the trail system. (7) Preserving recreational opportunities and facilitating access to open space for a variety of recreational users. (8) Protecting rare, threatened, or endangered plant and animal species, and rare or unusual plant communities and habitats. (c) Private Property.--The study shall include an analysis of-- (1) the impact that establishment of all or a portion of the Ballona Creek and Wetlands, Baldwin Hills, and the San Pedro coastline as a unit of the Santa Monica Mountains National Recreation Area is likely to have on-- (A) land within or bordering the area that is privately owned at the time the study is conducted; and (B) leaseholders of publicly owned, developed lands; and (2) the concerns of private landowners within the existing boundaries of the Santa Monica Mountains National Recreation Area. (d) Consultation.--The Secretary shall conduct the study in consultation with the appropriate Federal, State, county and local government departments and entities, elected officials, community groups and nonprofits, including those that serve the following areas: (1) North Santa Monica Bay Coastline: City of Santa Monica, County of Los Angeles, City of Los Angeles communities of Pacific Palisades, Brentwood, and Venice. (2) Ballona Creek, Wetlands, and central Santa Monica Bay: City of Culver City, County of Los Angeles Marina Del Rey community, City of Los Angeles communities of Palms, Playa Vista, Del Rey, Palms, and Westchester. (3) Baldwin Hills and Ballona Creek headwaters: County of Los Angeles communities of Baldwin Hills, Windsor Hills and Ladera Heights, and City of Los Angeles communities of View Park, and Faircrest Heights. (4) Santa Monica Bay Coastline South: City of El Segundo, City of Manhattan Beach, City of Hermosa Beach, City of Redondo Beach, and City of Torrance. (5) Port of Los Angeles: City of Los Angeles, community of City of Los Angeles, community of San Pedro. (e) Study Criteria.--In addition to the special considerations specified in this section, the Secretary shall conduct the study in accordance with section 100507 of title 54, United States Code. (f) Transmission of Study.--Not later than 3 years after funds are first made available for the study, the Secretary shall transmit a report containing the results of the study to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (g) Definitions.--For the purposes of this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study.--The term ``study'' means the study required by subsection (a) (3) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from the City of Santa Monica from Will Rodgers Beach to Rat Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue.

Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act This bill directs the Department of the Interior to conduct a special resource study of the lands, waters, and interests of the coastline and specified areas adjacent to the Santa Monica Bay in California to evaluate a range of alternatives for protecting the study area's resources, including: expanding and redesignating the Santa Monica Mountains Recreation Area as the "Santa Monica Mountains and Coastal Recreation Area," or creating a new coastal recreation area designated as the "Los Angeles Coastal Recreation Area."

Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Privacy Restoration Act of 1999''. SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER. (a) Repeal of Provisions Authorizing Use of the Social Security Account Number.--Subparagraph (C) of section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by striking ``(C)(i) It is the policy'' and all that follows through clause (vi) and inserting the following: ``(C)(i) Except as otherwise provided in this paragraph, no agency or instrumentality of the Federal Government, any State, any political subdivision of a State, or any combination of the foregoing may use a social security account number issued under this subsection or any derivative of such a number as the means of identifying any individual. ``(ii) Clause (i) shall not apply with respect to the use of the social security account number as an identifying number to the extent provided in section 6109(d) of the Internal Revenue Code of 1986 (relating to use of the social security account number for social security and related purposes). ``(iii) If and to the extent that any provision of Federal law enacted before January 1, 2001, is inconsistent with the policy set forth in clause (i), such provision shall, on and after such date, be null, void, and of no effect.''. (b) Conforming Amendments.-- (1) Clauses (vii) and (viii) of section 205(c)(2)(D) of such Act (42 U.S.C. 405(c)(2)(D)(vii) and (viii)) are redesignated as clauses (iv) and (v), respectively. (2) Subsection (d) of section 6109 of the Internal Revenue Code of 1986 is amended-- (A) in the heading, by inserting ``for Social Security and Related Purposes'' after ``Number''; and (B) by striking ``this title'' and inserting ``section 86, chapter 2, and subtitle C of this title''. SEC. 3. CONFORMING AMENDMENTS TO PRIVACY ACT OF 1974. Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any disclosure which is required under regulations of the Commissioner of Social Security pursuant to section 205(c)(2) of the Social Security Act or under regulations of the Secretary of the Treasury pursuant to section 6109(d) of the Internal Revenue Code of 1986.''; and (2) by striking subsection (b) and inserting the following: ``(b) Except with respect to disclosures described in subsection (a)(2), no agency or instrumentality of the Federal Government, a State, a political subdivision of a State, or any combination of the foregoing may request an individual to disclose his social security account number, on either a mandatory or voluntary basis.''. SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS. (a) In General.--Except as authorized under section 205(c)(2) of the Social Security Act, any two agencies or instrumentalities of the Federal Government may not implement the same identifying number with respect to any individual. (b) Identifying Numbers.--For purposes of this section-- (1) the term ``identifying number'' with respect to an individual means any combination of alpha-numeric symbols which serves to identify such individual, and (2) any identifying number and any one or more derivatives of such number shall be treated as the same identifying number. SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS. (a) In General.--Subject to subsection (b), a Federal agency may not-- (1) establish or mandate a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) condition receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. (b) Transactions Between Private Persons.--Notwithstanding subsection (a), a Federal agency may not establish or mandate a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of-- (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification. (c) Repealer.--Any provision of Federal law enacted before, on, or after the date of the enactment of this Act that is inconsistent with subsection (a) or (b) is repealed, including sections 1173(b) and 1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)) and section 656 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note). (d) Definitions.--For purposes of this section: (1) Agency.--The term ``agency'' means any of the following: (A) An Executive agency (as defined in section 105 of title 5, United States Code). (B) A military department (as defined in section 102 of such title). (C) An agency in the executive branch of a State government. (D) An agency in the legislative branch of the Government of the United States or a State government. (E) An agency in the judicial branch of the Government of the United States or a State government. (2) State.--The term ``State'' means any of the several States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. SEC. 6. EFFECTIVE DATE. The provisions of this Act, including the amendments made thereby, shall take effect January 1, 2001.

Freedom and Privacy Restoration Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit any Federal, State, or local government agency or instrumentality from using a social security account number or any derivative as the means of identifying any individual, except for specified social security and tax purposes. Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency or instrumentality from requesting an individual to disclose his social security account number on either a mandatory or a voluntary basis. Prohibits any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual, except as authorized under this Act. Prohibits a Federal agency from: (1) establishing or mandating a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) conditioning receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. Prohibits a Federal agency from establishing or mandating a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of: (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification.

Freedom and Privacy Restoration Act of 1999

SECTION 1. ADDITIONAL AMOUNTS TO ADDRESS SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2007. (a) In General.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006, is amended-- (1) in the heading for paragraph (2), by striking ``remainder of reduction'' and inserting ``part''; (2) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; (3) in each of subparagraphs (A) and (B) of paragraph (6) (as redesignated by subparagraph (B) of this paragraph), by striking ``and (3)'' and inserting ``(3), and (4)''; (4) in paragraph (7) (as so redesignated), by striking ``and (3) in accordance with paragraph (5)'' and inserting ``(3), and (4) in accordance with paragraph (6)''; and (5) by inserting after paragraph (3), the following: ``(4) Special rules for additional redistribution of amounts necessary to address fiscal year 2007 funding shortfalls.--With respect to months beginning during fiscal year 2007 after April 30, 2007, the Secretary shall apply this subsection in accordance with the following rules: ``(A) Additional redistribution of certain unexpended 2005 allotments.-- ``(i) Paragraphs (2)(A), (2)(B), (3)(A), and (3)(B) shall be applied by substituting `April 30' for `March 31' each place it appears. ``(ii) Paragraph (3)(C) shall be applied-- ``(I) by substituting `the amount described in subparagraph (A)(ii)(I) shall not be available for expenditure by the State on or after May 1, 2007' for `the applicable amount described in clause (ii) shall not be available for expenditure by the State on or after April 1, 2007'; and ``(II) without regard to clause (ii). ``(iii) Paragraph (2)(B)(ii) shall be applied by substituting `paragraph (1) and this paragraph (for months beginning during fiscal year 2007 after March 31, 2007)' for `paragraph (1)'. ``(iv) The heading for paragraph (3) shall be applied by substituting `7 months' for `half'. ``(v) Without regard to that portion of paragraph (6)(A) that begins with `, but in no case' and ends with `March 31, 2007'. ``(B) Redistribution of certain unexpended 2006 allotments.--After applying this subsection in accordance with subparagraph (A), the Secretary shall further apply this subsection in accordance with the following rules: ``(i) Paragraph (3)(A)(i) shall be applied by substituting `fiscal year 2006' for `fiscal year 2005'. ``(ii) Paragraph (3)(B) shall be applied by substituting `fiscal year 2008' for `fiscal year 2007'. ``(iii) Paragraph (3)(C)(i) shall be applied by substituting `May 1' for `April 1'. ``(iv) Paragraph (3)(C) shall be applied by substituting the following clause for clause (ii) of such paragraph: ```(ii) Applicable amount.--For purposes of clause (i), the applicable amount described in this clause is-- ```(I) the amount by which (aa) the amount described in subparagraph (A)(ii)(I), exceeds (bb) the total of the amounts the Secretary determines will eliminate the estimated shortfalls for all States described in paragraph (2)(B) (after the application of subparagraph (A)) for the fiscal year; multiplied by ```(II) the ratio of the amount described in subparagraph (A)(ii)(I) with respect to the State to the total the amounts described in subpargraph (A)(ii)(I) for all States.'''. ``(v) Paragraph (6)(B) shall be applied-- ``(I) by substituting `2005 or 2006' for `2005'; and ``(II) by substituting `fiscal year 2005 under subsection (b) that remain unexpended through the end of fiscal year 2007 or fiscal year 2006 under such subsection that remain unexpended through the end of fiscal year 2008' for `fiscal year 2005 under subsection (b) that remain unexpended through the end of fiscal year 2007'. ``(vi) Without regard to-- ``(I) that portion of paragraph (6)(A) that begins with `, but in no case' and ends with `March 31, 2007'; and ``(II) paragraph (6)(C)(i).''. (b) Additional Conforming Amendments.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)) (as so added) is further amended-- (1) in paragraph (1)(B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``paragraph (5)(B)'' and inserting ``paragraph (6)(B)''; and (B) in subparagraph (B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''.

Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require the Secretary of Health and Human Services to apply specified rules for an additional redistribution of amounts from unexpended FY2005-FY2006 allotments to address funding shortfalls in SCHIP for FY2007.

A bill to amend title XXI of the Social Security Act to make available additional amounts to address funding shortfalls in the State Children's Health Insurance Program for fiscal year 2007.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jefferson Commemorative Coin Act of 1993''. SEC. 2. COIN SPECIFICATIONS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 600,000 one-dollar coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of a Jefferson profile and frontal view of his home Monticello. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1993'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 4. SELECTION OF DESIGN. Subject to section 2(a)(2), the design for the coins authorized by this Act shall be selected by the Secretary after consultation with the Executive Director of the Thomas Jefferson Memorial Foundation and the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act during the period beginning on July 4, 1993, and ending on July 4, 1994. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins authorized under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (c) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (c) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary-- (1) in the case of surcharges received in connection with the sale of the first 500,000 coins issued, to the Jefferson Endowment Fund, to be used-- (A) to establish and maintain an endowment to be a permanent source of support for Monticello and its historic furnishings; and (B) for the Jefferson Endowment Fund's educational programs, including the International Center for Jefferson Studies; and (2) in the case of surcharges received in connection with the sale of all other such coins, to the Corporation for Jefferson's Poplar Forest, to be used for the restoration and maintenance of Poplar Forest. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the entities specified in section 8, as may be related to the expenditures of amounts paid under section 8. SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, the Numismatic Public Enterprise Fund. SEC. 11. FINANCIAL ASSURANCES. It is the sense of the Congress that this coin program shall be self-sustaining, and should be administered to result in no net cost to the Numismatic Public Enterprise Fund. Passed the Senate May 27 (legislative day, April 19), 1993. Attest: WALTER J. STEWART, Secretary.

Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of Thomas Jefferson and his home, Monticello. Mandates that all surcharges received from the sale of such coins be paid to the Jefferson Endowment Fund and to the Corporation for Jefferson's Poplar Forest. Expresses the sense of the Congress that the coin program shall be self-sustaining and that its administration should result in no net cost to the Numismatic Public Enterprise Fund.

Jefferson Commemorative Coin Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Habitat Homeownership Act''. SEC. 2. EXEMPTIONS. (a) Truth in Lending Act.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 128(f) (15 U.S.C. 1638(f))-- (A) in paragraph (3)-- (i) by striking ``apply to any fixed rate'' and inserting the following: ``apply to-- ``(A) any fixed rate''; (ii) by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(B) any residential mortgage loan originated by a non-profit low-income housing provider.''; and (B) by adding at the end the following: ``(4) Non-profit low-income housing provider defined.--For purposes of this subsection, the term `non-profit low-income housing provider' means an organization that-- ``(A) is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) makes residential mortgage loans-- ``(i) for the purpose of promoting or facilitating homeownership for poor or low- income, disabled, or other disadvantaged persons or families; and ``(ii) sets interest rates on such loans that-- ``(I) are lower than the bank prime loan rate, as determined under the Federal Reserve Statistical Release of selected interest rates (commonly referred to as the H.15) by the Board of Governors of the Federal Reserve System, for the last day of the most recent weekly release of such rates; or ``(II) are, after adjusting for inflation, no-interest loans or loans with interest rates significantly below the interest rates for loans for purchase of single-family housing generally available in the market; ``(C) except as described under subparagraph (B), does not engage in the business of a loan originator or mortgage broker; ``(D) conducts its activities in a manner that serves public or charitable purposes; ``(E) receives funding and revenue and charges fees in a manner that does not incentivize the organization or its employees to act other than in the best interests of its clients; ``(F) compensates employees in a manner that does not incentivize employees to act other than in the best interests of its clients; and ``(G) meets such other requirements as the Bureau determines appropriate.''. (2) in section 129C(a) (15 U.S.C. 1639c(a)), by adding at the end the following: ``(10) Exemption for non-profit low-income housing providers.--This subsection shall not apply to a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4)).''; (3) in section 129E (15 U.S.C. 1638e), by adding at the end the following: ``(l) Exemption for Non-Profit Low-Income Housing Providers.--This section shall not apply to a residential mortgage loan made by a non- profit low-income housing provider (as such term is defined under section 128(f)(4)), or any services provided with respect to such a mortgage loan.''; and (4) in section 129H (15 U.S.C. 1638h), by adding at the end the following: ``(g) Exemption for Non-Profit Low-Income Housing Providers.--This section shall not apply to a residential mortgage loan made by a non- profit low-income housing provider (as such term is defined under section 128(f)(4)).''. (b) Real Estate Settlement Procedures Act of 1974.--Section 6(k) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(k)) is amended by adding at the end the following: ``(3) Exemption for non-profit low-income housing providers.--This subsection and subsections (l) and (m) shall not apply to the servicing of a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4) of the Truth in Lending Act).''.

Protecting Habitat Homeownership Act - Amends the Truth in Lending Act and the Real Estate Settlement Procedures Act of 1974 to exempt residential mortgage loans originated by non-profit low-income housing providers from certain minimum loan standards as well as appraisal, servicing, and billing requirements. Defines "non-profit low-income housing provider" as a tax-exempt charitable organization that does not engage in the business of a loan originator or mortgage broker but does make residential mortgage loans: (1) to promote or facilitate homeownership for poor or low-income, disabled, or other disadvantaged persons or families; and (2) at interest rates lower than the bank prime loan rate; or (3) that are, after adjusting for inflation, no-interest loans or loans with interest rates significantly below the interest rates for loans for purchase of single-family housing generally available in the market. Prescribes additional requirements.

Protecting Habitat Homeownership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Protection for Victims of Domestic Violence Act''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO VICTIMS OF DOMESTIC VIOLENCE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: ``TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO VICTIMS OF DOMESTIC VIOLENCE ``SEC. 2701. LIMITATIONS ON UNDERWRITING. ``No insurer may engage in a practice that has the effect of denying, canceling, or not renewing health insurance coverage or health benefits, or establishing, increasing, or varying the premium charged for the coverage or benefits or excluding health coverage with respect to health care items or services related to treatment of a condition-- ``(1) to an individual on the basis that the individual or family member is, has been, or may be the subject of abuse, has had prior injuries that resulted from abuse, or seeks, has sought, or should have sought medical or psychological treatment for protection against abuse, or shelter from abuse; or ``(2) to or for a group or employer on the basis that the group includes or the employer employs, or provides or subsidizes insurance for, an individual described in paragraph (1). ``SEC. 2702. ESTABLISHMENT OF STANDARDS. ``(a) Role of National Association of Insurance Commissioners.-- ``(1) In general.--The Secretary shall request the National Association of Insurance Commissioners to develop, in consultation with nonprofit domestic violence victim advocacy organizations, within 9 months after the date of the enactment of this title, model standards that incorporate the limitations on underwriting set forth in section 2701, and provide procedures for enforcement for such provisions, including a private right of action. ``(2) Review of standards.--If the Association develops recommended regulations specifying the standards within the period, the Secretary shall review the standards. The review shall be completed within 90 days after the date the regulations are developed. Unless the Secretary determines within the period that such standards do not meet the requirements, such standards shall serve as the standards under this title, with such amendments as the Secretary determines to be necessary. ``(b) Contingency.--If the Association does not develop the model regulations within the 9 month period beginning on the date of the enactment of this title, or the Secretary determines that the regulations do not specify standards that meet the requirements described in subsection (a), the Secretary shall specify, within 15 months after the date of the enactment of this title, standards to carry out the requirements. ``(c) Application of Standards.-- ``(1) In general.--Each State shall submit to the Secretary, by the deadline specified in paragraph (2), a report on actions the State is taking to implement and enforce the standards established under this section with respect to insurers and health insurance coverage offered or renewed not later than such deadline. ``(2) Deadline for report.--Each State shall file the report described in paragraph (1) not later than 1 year after the date that standards are established under subsection (a) or, in the event of the failure of the Association to develop timely model regulations, under subsection (b). ``(d) Federal Role.-- ``(1) Notice of deficiency.--If the Secretary determines that a State has failed to submit a report by the deadline specified by subsection (c), or finds that the State has not implemented and provided adequate enforcement of the standards established under subsection (a) or (b), the Secretary shall notify the State and provide the State a period of 60 days in which to submit the report. ``(2) Implementation of alternative enforcement mechanism.-- ``(A) In general.--If, after the 60-day period, the Secretary finds that such a failure has not been corrected, the Secretary shall within 30 days provide for a mechanism for the implementation and enforcement of such standards in the State as the Secretary determines to be appropriate. ``(B) Civil penalty.--Under any implementation and enforcement mechanism established by the Secretary pursuant to this paragraph, the Secretary shall have the authority to impose on an insurer a civil monetary penalty in the amount of $10,000 for each day during which such insurer violates the requirements described in section 2701, or the standards developed under this section. Liability for such penalty shall begin to accrue on the 30th day after the Secretary has provided such insurer with notice of its noncompliance, if the insurer has failed to correct the deficiency by such date. ``(C) Effective period.--Any such implementation and enforcement mechanism established by the Secretary shall take effect with respect to insurers, and health insurance coverage offered or renewed, on or after 3 months after the date of the Secretary's finding under paragraph (1), and until the date the Secretary finds that such a failure has been corrected. ``(3) Federal civil right of action.-- ``(A) In general.--Any individual aggrieved as a result of conduct prohibited by section 2701 may bring a civil action in the appropriate United States district court against the insurer. ``(B) Relief.--Upon proof of such conduct by a preponderance of the evidence, the insurer shall be subject to a civil penalty that may include temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation. ``SEC. 2703. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT. ``(a) Application.--Subject to subsection (b), the prohibitions in section 2701 and the standards developed under section 2702 shall apply to group health plans providing health coverage in the same manner as they apply to insurers providing health insurance coverage. The penalty described in section 2702(d)(2)(B) may be imposed by the Secretary of Labor on group health plans that are not in compliance with the requirements of sections 2701 and 2702. ``(b) Substitution of Federal Officials.--For purposes of subsection (a), any reference in section 2702 to-- ``(1) a State or the Secretary of Health and Human Services is deemed to be a reference to the Secretary of Labor; and ``(2) an insurer or health insurance coverage is deemed to be a reference to a group health plan and health coverage, respectively. ``(c) Enforcement.--For purposes of part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131 et seq.) the provisions of this title insofar as they relate to group health plans shall be deemed to be provisions of title I of such Act irrespective of exclusions under section 4(b) of such Act. ``(d) Regulatory Authority.--With respect to the regulatory authority of the Secretary of Labor under this title pursuant to subsection (c), section 505 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1135) shall apply. ``SEC. 2704. DEFINITIONS. ``For purposes of this title: ``(1) Association.--The term `Association' means the National Association of Insurance Commissioners. ``(2) Insurer.-- ``(A) In general.--The term `insurer' means a health benefit plan or a health care provider that conducts activities related to the protection of public health. ``(B) Health benefit plan.--The term `health benefit plan' means any public or private entity or program that provides for payments for health care, including-- ``(i) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health benefits; and ``(ii) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. ``(C) Health care provider.--The term `health care provider' means a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395u)), a physician, a supplier, or any other person furnishing health care, including a Federal or State program that provides directly for the provision of health care to beneficiaries. ``(3) Victim of abuse.--The term `victim of abuse' means the occurrence of one or more of the following acts between family or household members, current or former sexual or intimate partners, or persons sharing biological parenthood-- ``(A) attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, rape, or sexual abuse as such term is defined in section 2242 of title 18, United States Code. ``(B) placing, by physical menace, another individual in reasonable fear of imminent serious bodily injury; ``(C) infliction of false imprisonment; or ``(D) physically or sexually abusing minor children.''.

Insurance Protection for Victims of Domestic Violence Act - Amends the Public Health Service Act to create a new title prohibiting health insurers from discriminating against an individual or group because the individual or a family member is the subject of abuse. Mandates development of model standards. Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action. Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974.

Insurance Protection for Victims of Domestic Violence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Heat and Power Advancement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the removal of barriers to the development and deployment of combined heat and power technologies and systems, an example of an array of innovative energy-supply and energy- efficient technologies and systems, would-- (A) encourage technological innovation; (B) reduce energy prices; (C) spur economic development; (D) enhance productivity; (E) increase employment; and (F) improve environmental quality and energy self- sufficiency; (2) the level of efficiency of the United States electricity-generating system has been stagnant over the past several decades; (3) technologies and systems available as of the date of enactment of this Act, including a host of innovative onsite, distributed generation technologies, could-- (A) dramatically increase productivity; (B) double the efficiency of the United States electricity-generating system; and (C) reduce emissions of regulated pollutants and greenhouse gases; (4) innovative electric technologies emit a much lower level of pollutants as compared to the average quantity of pollutants generated by United States electric generating plants as of the date of enactment of this Act; (5) a significant proportion of the United States energy infrastructure will need to be replaced by 2010; (6) the public interest would best be served if that infrastructure were replaced by innovative technologies that dramatically increase productivity, improve efficiency, and reduce pollution; (7) financing and regulatory practices in effect as of the date of enactment of this Act do not recognize the environmental and economic benefits to be obtained from the avoidance of transmission and distribution losses, and the reduced load on the electricity-generating system, provided by onsite, combined heat and power production; (8) many legal, regulatory, informational, and perceptual barriers block the development and dissemination of combined heat and power and other innovative energy technologies; and (9) because of those barriers, United States taxpayers are not receiving the benefits of the substantial research and development investment in innovative energy technologies made by the Federal Government. SEC. 3. PURPOSE. The purpose of this Act is to encourage energy productivity and efficiency increases by removing barriers to the development and deployment of combined heat and power technologies and systems. SEC. 4. INTERCONNECTION. (a) Definitions.--Section 3 of the Federal Power Act (16 U.S.C. 796) is amended-- (1) by striking paragraph (23) and inserting the following: ``(23) Transmitting utility.--The term `transmitting utility' means any entity (notwithstanding section 201(f)) that owns, controls, or operates an electric power transmission facility that is used for the sale of electric energy.''; and (2) by adding at the end the following: ``(26) Appropriate regulatory authority.--The term `appropriate regulatory authority' means-- ``(A) the Commission; ``(B) a State commission; ``(C) a municipality; or ``(D) a cooperative that is self-regulating under State law and is not a public utility. ``(27) Generating facility.--The term `generating facility' means a facility that generates electric energy. ``(28) Local distribution utility.--The term `local distribution utility' means an entity that owns, controls, or operates an electric power distribution facility that is used for the sale of electric energy. ``(29) Non-federal regulatory authority.--The term `non- Federal regulatory authority' means an appropriate regulatory authority other than the Commission.''. (b) Interconnection to Distribution Facilities.--Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended-- (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: ``(e) Interconnection to Distribution Facilities.-- ``(1) Interconnection.-- ``(A) In general.--A local distribution utility shall interconnect a generating facility with the distribution facilities of the local distribution utility if the owner of the generating facility-- ``(i) complies with the final rule promulgated under paragraph (2); and ``(ii) pays the costs of the interconnection. ``(B) Costs.--The costs of the interconnection-- ``(i) shall be just and reasonable, and not unduly discriminatory, as determined by the appropriate regulatory authority; and ``(ii) shall be comparable to the costs charged by the local distribution utility for interconnection by any similarly situated generating facility to the distribution facilities of the local distribution utility. ``(C) Applicable requirements.--The right of a generating facility to interconnect under subparagraph (A) does not-- ``(i) relieve the generating facility or the local distribution utility of other Federal, State, or local requirements; or ``(ii) provide the generating facility with transmission or distribution service. ``(2) Rule.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subparagraph, the Commission shall promulgate a final rule to establish reasonable and appropriate technical standards for the interconnection of a generating facility with the distribution facilities of a local distribution utility. ``(B) Process.--To the extent feasible, the Commission shall develop the standards through a process involving interested parties. ``(C) Advisory committee.--The Commission shall establish an advisory committee composed of qualified experts to make recommendations to the Commission concerning development of the standards. ``(D) Administration.-- ``(i) By a non-federal regulatory authority.--Except where subject to the jurisdiction of the Commission pursuant to provisions other than clause (ii), a non- Federal regulatory authority may administer and enforce the rule promulgated under subparagraph (A). ``(ii) By the commission.--To the extent that a non-Federal regulatory authority does not administer and enforce the rule, the Commission shall administer and enforce the rule with respect to interconnection in that jurisdiction. ``(3) Right to backup power.-- ``(A) In general.--In accordance with subparagraph (B), a local distribution utility shall offer to sell backup power to a generating facility that has interconnected with the local distribution utility to the extent that the local distribution utility-- ``(i) is not subject to an order of a non- Federal regulatory authority to provide open access to the distribution facilities of the local distribution utility; ``(ii) has not offered to provide open access to the distribution facilities of the local distribution utility; or ``(iii) does not allow a generating facility to purchase backup power from another entity using the distribution facilities of the local distribution utility. ``(B) Rates, terms, and conditions.--A sale of backup power under subparagraph (A) shall be at such a rate, and under such terms and conditions, as are just and reasonable and not unduly discriminatory or preferential, taking into account the actual incremental cost, whenever incurred by the local distribution utility, to supply such backup power service during the period in which the backup power service is provided, as determined by the appropriate regulatory authority. ``(C) No requirement for certain sales.--A local distribution utility shall not be required to offer backup power for resale to any entity other than the entity for which the backup power is purchased. ``(D) New or expanded loads.--To the extent backup power is used to serve a new or expanded load on the distribution system, the generating facility shall pay any reasonable costs associated with any transmission, distribution, or generation upgrade required to provide such service.''. (c) Interconnection to Transmission Facilities.--Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended by inserting after subsection (e) (as added by subsection (b)) the following: ``(f) Interconnection to Transmission Facilities.-- ``(1) Interconnection.-- ``(A) In general.--Notwithstanding subsections (a) and (c), a transmitting utility shall interconnect a generating facility with the transmission facilities of the transmitting utility if the owner of the generating facility-- ``(i) complies with the final rule promulgated under paragraph (2); and ``(ii) pays the costs of the interconnection. ``(B) Costs.-- ``(i) In general.--Subject to clause (ii), the costs of the interconnection-- ``(I) shall be just and reasonable and not unduly discriminatory; and ``(II) shall be comparable to the costs charged by the transmitting utility for interconnection by any similarly situated generating facility to the transmitting facilities of the transmitting utility. ``(ii) Effect of ferc lite.--A non-Federal regulatory authority that, under any provision of Federal law enacted before, on, or after the date of enactment of this subparagraph, is authorized to determine the rates for transmission service shall be authorized to determine the costs of any interconnection under this subparagraph in accordance with that provision of Federal law. ``(C) Applicable requirements.--The right of a generating facility to interconnect under subparagraph (A) does not-- ``(i) relieve the generating facility or the transmitting utility of other Federal, State, or local requirements; or ``(ii) provide the generating facility with transmission or distribution service. ``(2) Rule.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subparagraph, the Commission shall promulgate a final rule to establish reasonable and appropriate technical standards for the interconnection of a generating facility with the transmission facilities of a transmitting utility. ``(B) Process.--To the extent feasible, the Commission shall develop the standards through a process involving interested parties. ``(C) Advisory committee.--The Commission shall establish an advisory committee composed of qualified experts to make recommendations to the Commission concerning development of the standards. ``(3) Right to backup power.-- ``(A) In general.--In accordance with subparagraph (B), a transmitting utility shall offer to sell backup power to a generating facility that has interconnected with the transmitting utility unless-- ``(i) Federal or State law (including regulations) allows a generating facility to purchase backup power from an entity other than the transmitting utility; or ``(ii) a transmitting utility allows a generating facility to purchase backup power from an entity other than the transmitting utility using-- ``(I) the transmission facilities of the transmitting utility; and ``(II) the transmission facilities of any other transmitting utility. ``(B) Rates, terms, and conditions.--A sale of backup power under subparagraph (A) shall be at such a rate, and under such terms and conditions, as are just and reasonable and not unduly discriminatory or preferential, taking into account the actual incremental cost, whenever incurred by the local distribution utility, to supply such backup power service during the period in which the backup power service is provided, as determined by the appropriate regulatory authority. ``(C) No requirement for certain sales.--A transmitting utility shall not be required to offer backup power for resale to any entity other than the entity for which the backup power is purchased. ``(D) New or expanded loads.--To the extent backup power is used to serve a new or expanded load on the transmission system, the generating facility shall pay any reasonable costs associated with any transmission, distribution, or generation upgrade required to provide such service.''. (d) Conforming Amendments.--Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended-- (1) in subsection (a)(1)-- (A) by inserting ``transmitting utility, local distribution utility,'' after ``electric utility,''; and (B) in subparagraph (A), by inserting ``any transmitting utility,'' after ``small power production facility,''; (2) in subsection (b)(2), by striking ``an evidentiary hearing'' and inserting ``a hearing''; (3) in subsection (c)(2)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following: ``(D) promote competition in electricity markets, and''; and (4) in subsection (d), by striking the last sentence.

Combined Heat and Power Advancement Act of 2001 - Amends the Federal Power Act to prescribe procedural guidelines for: (1) the interconnection of a generating facility with the distribution facilities of the local distribution utility; (2) the interconnection of a generating facility with the transmission facilities of a transmitting utility; and (3) offers to sell backup power by a local distribution utility and by a transmitting utility to an interconnected generating facility.

A bill to amend the Federal Power Act to encourage the development and deployment of innovative and efficient energy technologies.

SECTION 1. FOREIGN LANGUAGE ASSISTANCE. Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3001 et seq.) is amended to read as follows: ``SEC. 2101. SHORT TITLE. ``This part may be cited as the `Foreign Language Assistance Act of 1993'. ``SEC. 2102. FINDINGS. ``The Congress finds that-- ``(1) foreign language proficiency is key to our Nation's international economic competitiveness, security interests and diplomatic effectiveness; ``(2) the United States lags behind other developed countries in the opportunities the United States offers elementary and secondary school students to study and become proficient in foreign languages; ``(3) more teachers must be trained for foreign language instruction in our Nation's elementary and secondary schools, and those teachers must have expanded opportunities for continued improvement of their skills; ``(4) students with proficiency in languages other than English should be viewed as valuable second language resources for other students; and ``(5) a strong Federal commitment to the purpose of this part is necessary. ``SEC. 2103. PURPOSE. ``It is the purpose of this part to improve the quantity and quality of foreign language instruction offered in our Nation's elementary and secondary schools. ``SEC. 2104. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) Grants from the secretary.--In any fiscal year in which the appropriations for this part equal or exceed $50,000,000, the Secretary is authorized, in accordance with the provisions of this part, to award grants to States from allocations under section 2105 to pay the Federal share of the costs of the activities described in section 2107. ``(2) State grant program.--In any fiscal year in which the appropriations for this part do not equal or exceed $50,000,000, the Secretary is authorized to make grants, in accordance with the provisions of this part, to State educational agencies, local educational agencies, consortia of local educational agencies, or consortia of local educational agencies and institutions of higher education, to pay the Federal share of the cost of activities described in section 2107. ``(b) Supplement Not Supplant.--Funds provided under this part shall be used to supplement and not supplant non-Federal funds made available for the activities described in section 2107. ``(c) Duration.--Grants or contracts awarded under this part shall be awarded for a period of not longer than 5 years. ``SEC. 2105. ALLOCATION OF FUNDS. ``(a) Allocation.--From the amount appropriated under section 2113 for any fiscal year, the Secretary shall reserve-- ``(1) not more than \1/2\ of 1 percent for allocation among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Republic of Palau (until such time as the Compact of Free Association is ratified) according to their respective needs for assistance under this part; ``(2) not more than \1/2\ of 1 percent for programs for Native American students served by schools funded by the Secretary of the Interior if such programs are consistent with the purpose of this part; ``(3) 10 percent for national programs described in section 2108(a); ``(4) 5 percent for evaluation and research described in section 2108(b); and ``(5) in the case of a fiscal year in which appropriations for this part equal or exceed $50,000,000, 10 percent for bonus grants described in section 2108(c). ``(b) Formula.--In any fiscal year in which the appropriations for this part equal or exceed $50,000,000, the remainder of the amount so appropriated (after meeting the requirements of subsection (a)) shall be allocated among the States as follows: ``(1) \1/2\ of such remainder shall be allocated among the States by allocating to each State an amount which bears the same ratio to \1/2\ of such remainder as the number of children aged 5 to 17, inclusive, in the State bears to the number of such children in all States; and ``(2) \1/2\ of such remainder shall be allocated among the States according to each State's share of allocations under chapter 1 of title I for the preceding fiscal year, except that no State shall receive less than \1/4\ of 1 percent of such remainder. ``(c) Special Rule.--The provisions of Public Law 95-134 shall not apply to assistance provided pursuant to paragraph (1) of subsection (a). ``SEC. 2106. IN-STATE APPORTIONMENT. ``(a) Funding Above $50,000,000.--In any fiscal year in which appropriations for this part equal or exceed $50,000,000, each State receiving a grant under this part shall distribute not less than 95 percent of such grant funds so that-- ``(1) 50 percent of such funds are distributed to local educational agencies within the State for instructional programs described in paragraph (1) of section 2107; and ``(2) 50 percent of such funds are distributed to local educational agencies within the State for teacher development and recruitment activities described in paragraph (2) of section 2107. ``(b) Funding Below $50,000,000.--In any fiscal year in which appropriations for this part do not equal or exceed $50,000,000, the Secretary shall award grants to State educational agencies, local educational agencies, consortia of local educational agencies, or consortia of local educational agencies and institutions of higher education, so that-- ``(1) 50 percent of the funds all such entities in a State receive shall be used for instructional programs described in paragraph (1) of section 2107; and ``(2) 50 percent of the funds all such entities in a State receive shall be used for teacher development and recruitment activities described in paragraph (2) of section 2107. ``SEC. 2107. AUTHORIZED ACTIVITIES. ``A State, State educational agency, local educational agency, consortium of local educational agencies, or consortium of a local educational agency and an institution of higher education may use payments received under this part for the following activities: ``(1) Instructional programs.--Activities which establish, improve or expand elementary or secondary school foreign language programs, including-- ``(A) elementary school immersion programs with articulation at the secondary school level; ``(B) content-based foreign language instruction; and ``(C) intensive summer foreign language programs for students. ``(2) Teacher development and recruitment.--Activities which-- ``(A) expand or improve preservice training, inservice training and retraining of teachers of foreign languages, which training or retraining shall emphasize-- ``(i) intensive summer foreign language programs for teachers; and ``(ii) teacher training programs for elementary school teachers; ``(B) recruit qualified individuals with a demonstrated proficiency in a foreign language to teach foreign languages in elementary and secondary schools, which individuals may include-- ``(i) a retired or returning Federal Government employee who served abroad or a Federal Government employee whose position required proficiency in one or more foreign languages; ``(ii) a retired or returning Peace Corps volunteer; ``(iii) a retired or returning business person or professional who served abroad or whose position required proficiency in one or more foreign languages; ``(iv) a foreign-born national with the equivalent of a bachelor's degree from a domestic or overseas institution of higher education; ``(v) an individual with a bachelor's degree whose major or minor was in a foreign language or international studies; and ``(vi) a graduate of a fellowship or scholarship program assisted under the David L. Boren National Security Education Act of 1991 (20 U.S.C. 1901 et seq.); ``(C) develop programs of alternative teacher preparation and alternative certification to qualify such individuals to teach foreign languages in elementary and secondary schools; and ``(D) establish programs for individual foreign language teachers within a local educational agency in order to improve such teachers' teaching ability or the instructional materials used in such teachers' classrooms. ``SEC. 2108. FEDERAL ACTIVITIES. ``(a) National Programs.--From amounts reserved pursuant to section 2105(a)(3) in each fiscal year, the Secretary is authorized to make grants to State educational agencies, local educational agencies or consortia of local educational agencies to pay the Federal share of the cost of model demonstration programs that represent a variety of alternative and innovative approaches to foreign language instruction for elementary or secondary school students, including-- ``(1) two-way language programs; and ``(2) programs that integrate educational technology into curricula. ``(b) Evaluation and Research.--From amounts reserved pursuant to section 2105(a)(4) in each fiscal year, the Secretary-- ``(1) shall evaluate programs assisted under this part; and ``(2) through the Office of Educational Research and Improvement, shall award grants or enter into contracts for research, regarding-- ``(A) effective methods of foreign language learning and teaching; ``(B) assessments of elementary school foreign language programs and student skills; and ``(C) the efficacy of secondary school foreign language programs. ``(c) Bonus Grants.-- ``(1) In general.--From amounts reserved pursuant to section 2105(a)(5) in any fiscal year, the Secretary is authorized to award bonus grants to States which-- ``(A) require at least 3 years of foreign language study for all students graduating from secondary school in the State; ``(B) require at least 2 years of foreign language study prior to entrance into grade 9 in the State; ``(C) have at least 40 percent of the elementary school students in the State enrolled in foreign language instruction programs; or ``(D) have at least 70 percent of the secondary school students in the State enrolled in foreign language instruction programs. ``(2) Amount.--Each State eligible to receive a grant under paragraph (1) in a fiscal year shall receive a grant in such fiscal year in an amount determined as follows: ``(A) 50 percent of such amount shall be determined on the basis of the number of children aged 5 to 17, inclusive, in such State compared to the number of such children in all such States. ``(B) 50 percent of such amount shall be determined on the basis of such State's share of allocations under chapter 1 of title I compared to all such States' share of such allocations. ``SEC. 2109. APPLICATIONS. ``Each State, State educational agency, local educational agency, consortium of local educational agencies, or consortium of a local educational agency and an institution of higher education, desiring assistance under this part shall submit an application to the Secretary at such time, in such form, and containing or accompanied by such information and assurances as the Secretary may reasonably require. ``SEC. 2110. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE; WAIVER. ``(a) Payments.--The Secretary shall pay to each eligible entity having an application approved under section 2109 the Federal share of the cost of the activities described in the application. ``(b) Federal Share.-- ``(1) In general.--The Federal share-- ``(A) for the first year for which an eligible entity receives assistance under this part shall be not more than 90 percent; ``(B) for the second such year shall be not more than 80 percent; ``(C) for the third such year shall be not more than 60 percent; and ``(D) for the fourth and any subsequent year shall be not more than 40 percent. ``(c) Non-Federal Share.--The non-Federal share of payments under this part may be in cash or in kind, fairly evaluated, including equipment or services. ``(d) Waiver.--The Secretary may waive, in whole or in part, the requirement to provide the non-Federal share of payments for any State, State educational agency, local educational agency, consortium of local educational agencies, or consortium of a local educational agency and an institution of higher education, which the Secretary determines does not have adequate resources to pay the non-Federal share of the program or activity. ``SEC. 2111. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS. ``(a) Participation of Private School Students.--To the extent consistent with the number of children in the State or in the school district of each local educational agency receiving assistance under this part who are enrolled in private nonprofit elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision for including services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this part. ``(b) Participation of Private School Teachers.--To the extent consistent with the number of children in the State or in the school district of a local educational agency receiving assistance under this part who are enrolled in private nonprofit elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision, for the benefit of such teachers in such schools, for such training and retraining as will assure equitable participation of such teachers in the purposes and benefits of this part. ``(c) Waiver.--If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation of children or teachers from private nonprofit schools as required by subsections (a) and (b), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers, subject to the requirements of this section. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with section 1017 of this Act. ``SEC. 2112. DEFINITIONS. ``For the purpose of this part-- ``(1) the term `articulation' means the continuity of expectations and instruction from year to year and level to level within foreign language study; ``(2) the term `content-based foreign language instruction' means instruction in which portions of subject content from the regular school curriculum are taught or reinforced through the medium of a foreign language; ``(3) the term `foreign language instruction' means instruction in any foreign language, with emphasis on languages not frequently taught in elementary and secondary schools; ``(4) the term `immersion' means an approach to foreign language instruction in which students spend one-half or more of their school day receiving instruction in the regular school curriculum through the medium of a foreign language; ``(5) the term `intensive summer foreign language program' means a program in which participants are immersed in the foreign language for the duration of the activity; ``(6) the term `State' means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico; and ``(7) the term `two-way language program' means a foreign language program in which native speakers of English are brought together with approximately equal numbers of speakers of another language and in which content instruction, reading and language arts are taught in both English and the non- English language, with the goal of producing students who have high levels of proficiency in English and the non-English language, appreciation for other cultures, and academic achievement at grade level expectation or above. ``SEC. 2113. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $75,000,000 for fiscal year 1994, and such sums as may be necessary for each of the 4 succeeding years, to carry out this part.''. S 1525 IS----2

Foreign Language Assistance Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a foreign language assistance program. Authorizes the Secretary of Education to make grants: (1) as allocations to States in any fiscal year in which appropriations equal or exceed a specified amount; or (2) when appropriations are below such amount, to State educational agencies, local educational agencies (LEAs), consortia of LEAs, or consortia of LEAs and institutions of higher education. Requires that half of such funds be used for foreign language instructional programs at elementary and secondary schools and half for foreign language teacher development and recruitment. Authorizes as Federal activities: (1) grants for model demonstration programs of foreign language instruction for elementary or secondary school students; (2) evaluation and research; and (3) bonus grants to States for having specified levels of foreign language requirements or enrollments. Provides for Federal share and for participation of children and teachers from private schools. Authorizes appropriations.

Foreign Language Assistance Act of 1993

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Santa Cruz Redwoods Expansion Act''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``Santa Cruz Redwoods California Coastal National Monument Addition'' and dated February 3, 2015. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Santa cruz redwoods public lands.--The term ``Santa Cruz Redwoods Public Lands'' means the Federal land comprising approximately 5,800 acres in Santa Cruz County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Santa Cruz Redwoods Public Lands contain significant and diverse natural landscapes including six watersheds, redwood and riparian forests, freshwater wetlands, and rolling coastal terrace grasslands in the Santa Cruz Mountains that should be preserved for present and future generations; (2) the Santa Cruz Redwoods Public Lands are habitat for numerous wildlife populations including endangered and rare species such as the California red-legged frog, the American peregrine falcon, coho salmon, and steelhead trout; (3) the ocean and coastal ecosystems adjacent to and visible from the Santa Cruz Redwoods Public Lands are within the California Coastal Monument, and contain habitat for endangered and unique marine species including gray whales, sea otters, and harbor seals; (4) the Santa Cruz Redwoods Public Lands contain threatened vegetation communities such as purple needlegrass and riparian red alder forest; (5) the Santa Cruz Redwoods Public Lands and surrounding coastal lands have been used by humans since prehistoric times and were historically inhabited by the native Ohlone people; (6) the Santa Cruz Redwoods Public Lands are historically associated with adjacent lands managed for the enjoyment of current and future generations, including Coast Dairies State Park and Wilder Ranch State Park; (7) the Santa Cruz Redwoods Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Santa Cruz County, local communities, and private landowners; (8) permanent protection of the Santa Cruz Redwoods Public Lands will provide important economic benefits to surrounding communities, and has broad public support in the community; (9) the Santa Cruz Redwoods Public Lands will make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (10) statutory protection would ensure that the Santa Cruz Redwoods Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, and scenic values of the Santa Cruz Redwoods Public Lands, while allowing certain recreational and research activities to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall create a map and boundary description of the land added to the Monument by this Act. (2) Force and effect.--The map and boundary description described under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description described under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; (2) by allowing only such uses of the Monument as will further the purposes for which the Monument is established; and (3) in accordance with Presidential Proclamation 7264. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for their use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (f) Restoration.--Nothing in this Act affects the ongoing restoration and reclamation being performed pursuant to the December 2, 1968 lease between the Coast Dairies and Land Company and the Lone Star Cement Corporation, or under a renegotiation or renewal of that lease, as long as such restoration and reclamation furthers the purpose of the Monument described in section 2(b) and is performed in accordance with-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) any other applicable law. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian Tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock within the Santa Cruz Redwoods Public Lands. (j) Withdrawal.--Subject to valid existing rights, all Federal land within the Santa Cruz Redwoods expansion to the Monument is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) leasing or disposition under all laws relating to-- (A) minerals; and (B) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (k) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System.

California Coastal National Monument Santa Cruz Redwoods Expansion Act Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Santa Cruz Redwoods public lands comprising approximately 5,800 acres in Santa Cruz County, California. Requires the Department of the Interior to manage such lands: (1) in accordance with such Proclamation, (2) as part of the Monument, and (3) by allowing only such uses of the Monument as will further the purposes for which it is being established. Instructs Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System.

California Coastal National Monument Santa Cruz Redwoods Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsolved Civil Rights Crime Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEFINITIONS. In this Act: (1) Chief.--The term ``Chief'' means the Chief of the Section. (2) Criminal civil rights statutes.--The term ``criminal civil rights statutes'' means-- (A) section 241 of title 18, United States Code (relating to conspiracy against rights); (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (C) section 245 of title 18, United States Code (relating to federally protected activities); (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (F) any other Federal law that-- (i) was in effect on or before December 31, 1969; and (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act. (3) Section.--The term ``Section'' (except when used as part of the term ``Criminal Section'') means the Unsolved Crimes Section established under section 4. SEC. 4. ESTABLISHMENT OF SECTION. (a) In General.--There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section. (b) Responsibility.-- (1) In general.--Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation-- (A) occurred not later than December 31, 1969; and (B) resulted in a death. (2) Coordination.--After investigating a complaint under paragraph (1), if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the State or local official regarding the appropriate venue for the case involved. (3) Referral.--After investigating a complaint under paragraph (1), the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of subparagraph (A) or (B) of paragraph (1). (c) Study and Report.-- (1) Study.--The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief and, in conducting the study, shall determine the cases-- (A) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and (B) for which the Chief has insufficient evidence to prosecute those violations. (2) Report.--Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1), including a description of the cases described in paragraph (1)(B). (d) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2006 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice.

Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice. Requires the Chief of the Section to be responsible for investigating and prosecuting violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief to consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law. Directs the Chief to refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section. Requires the Chief, annually, to determine the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes.

To establish an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Corps 230th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) November 10, 2005, marks the 230th anniversary of the United States Marine Corps; (2) the United States Marine Corps has, over the course of its illustrious 230-year history, fought gallantly in defense of the United States; (3) the United States Marine Corps has, over the course of its storied history, established itself as the Nation's military leader in amphibious warfare, and will continue in that role as the United States faces the challenges of the 21st Century; (4) the United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute; (5) all Americans should commemorate the legacy of the United States Marine Corps so that the values embodied in the ``Corps'' are recognized for the significant contribution they have made in protecting the United States against its enemies; (6) in 2001, Congress authorized the construction of the Marine Corps Heritage Center, the purpose of which is to provide a multipurpose facility to be used for historical displays for the public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities, consistent with the mission of the Marine Corps; (7) the Marine Corps Heritage Center is scheduled to open on November 10, 2005; (8) the United States should pay tribute to the 230th anniversary of the United States Marine Corps by minting and issuing a commemorative silver dollar coin; and (9) the surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the construction of the Marine Corps Heritage Center. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act from all available sources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the warrior ethos of the United States Marine Corps. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Marine Corps Historical Division and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2005. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (b) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (c) Bulk Sales.--The Secretary shall make bulk sales of coins issued under this Act at a reasonable discount. (d) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) should be at a reasonable discount. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Marine Corps Heritage Foundation for the purposes of construction of the Marine Corps Heritage Center, as authorized by section 1 of Public Law 106-398 (114 Stat. 1654). (b) Audit.--The Marine Corps Heritage Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

Marine Corps 230th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins which shall be emblematic of the warrior ethos of the United States Marine Corps. Requires: (1) all coin sales to include a surcharge of $10 per coin; and (2) all surcharges to be paid to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center. Directs the Secretary to take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the U.S. Government. Prohibits a coin from being issued unless the Secretary has received: (1) full payment for the coin; (2) security to indemnify the United States for full payment; or (3) a guarantee of full payment from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the 230th Anniversary of the United States Marine Corps, and to support construction of the Marine Corps Heritage Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Tax Accountability Act of 2012''. SEC. 2. INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT ``Sec. 7381. Definitions ``For purposes of this subchapter-- ``(1) the term `seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code, except that such term does not include-- ``(A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(B) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(C) a debt with respect to which a levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to a levy issued under such section); and ``(D) a debt with respect to which relief under section 6343(a)(1)(D) of such Code is granted; ``(2) the term `employee' means an employee in or under an agency, including an individual described in sections 2104(b) and 2105(e); and ``(3) the term `agency' means-- ``(A) an Executive agency; ``(B) the United States Postal Service; ``(C) the Postal Regulatory Commission; and ``(D) an employing authority in the legislative branch. ``Sec. 7382. Ineligibility for employment ``(a) In General.--Subject to subsection (c), any person who has a seriously delinquent tax debt shall be ineligible to be appointed or to continue serving as an employee. ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each person applying for employment with such agency shall be required to submit (as part of the application for employment) certification that such person does not have any seriously delinquent tax debt. ``(c) Regulations.--The Office of Personnel Management, in consultation with the Internal Revenue Service, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations which the Office considers necessary, except that such regulations shall provide for the following: ``(1) All due process rights, afforded by chapter 75 and any other provision of law, shall apply with respect to a determination under this section that an applicant is ineligible to be appointed or that an employee is ineligible to continue serving. ``(2) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that such individual's debt is one described in subparagraph (A), (B), (C), or (D) of section 7381(a)(1). ``(3) An employee may continue to serve, in a situation involving financial hardship, if the continued service of such employee is in the best interests of the United States, as determined on a case-by-case basis. ``(d) Reports to Congress.--The Director of the Office of Personnel Management shall report annually to Congress on the number of exemptions made pursuant to subsection (c)(3). ``Sec. 7383. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of such agency considers appropriate to determine if a notice of lien (as described in section 7381(1)) has been filed with respect to an employee of or an applicant for employment with such agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the employee or applicant has a seriously delinquent tax debt; and ``(2) contact the Secretary of the Treasury to request tax information limited to describing whether the employee or applicant has a seriously delinquent tax debt. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). ``(d) Negative Consideration.--The head of an agency, in considering an individual's application for employment or in making an employee appraisal or evaluation, shall give negative consideration to a refusal or failure to comply with a request under subsection (b)(1). ``Sec. 7384. Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under the provisions of this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication whereby the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of such agency to examine or otherwise have access to any such information.''. (b) Clerical Amendment.--The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT ``7381. Definitions. ``7382. Ineligibility for employment. ``7383. Review of public records. ``7384. Confidentiality.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 9 months after the date of enactment of this Act. Passed the House of Representatives July 31, 2012. Attest: KAREN L. HAAS, Clerk.

Federal Employee Tax Accountability Act of 2012 - Makes any person who has a seriously delinquent tax debt ineligible for federal employment or to continue serving as a federal employee. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a levy has been issued or agreed to by an applicant for employment, or (4) that is determined to be an economic hardship to the taxpayer. Requires each federal agency to: (1) ensure that applicants for employment certify that they do not have a seriously delinquent tax debt, (2) review public records to determine if a notice of lien has been filed against an employee or applicant, and (3) restrict access to and use of information obtained under this Act. Authorizes an agency, if a tax lien against a federal employee or applicant is discovered in any public record, to: (1) request such employee or applicant to execute and submit a form authorizing the Secretary of the Treasury to disclose to an agency head information describing whether the employee or applicant has a seriously delinquent tax debt, and (2) contact the Secretary to request tax information about a seriously delinquent tax debt of an employee or applicant. Requires the Office of Personnel Management (OPM) to promulgate regulations to carry out this Act that provide taxpayers with all due process rights and to report to Congress annually on the number of exemptions granted for financial hardship. Grants federal employees or applicants 180 days to demonstrate that their tax debts are exempt from classification as a seriously delinquent tax debt under this Act. Makes this Act effective nine months after its enactment.

To amend title 5, United States Code, to provide that persons having seriously delinquent tax debts shall be ineligible for Federal employment.

SECTION 1. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR VICTIMS OF FEDERALLY DECLARED NATURAL DISASTERS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Distributions from retirement plans to victims of federally declared natural disasters.-- ``(i) In general.--Any qualified disaster- relief distribution. ``(ii) Amount distributed may be repaid.-- Any individual who receives a qualified disaster-relief distribution may, at any time during the 5-year period beginning on the day after the date on which such distribution was made, make one or more contributions to an individual retirement plan of such individual in an aggregate amount not to exceed the amount of such distribution. The dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to any contribution made pursuant to the preceding sentence. No deduction shall be allowed for any contribution pursuant to this clause. ``(iii) Qualified disaster-relief distribution.--For purposes of this subparagraph, the term `qualified disaster- relief distribution' means any distribution to an individual who has sustained a loss in excess of $100 as a result of a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act-- ``(I) if such distribution is made during the 1-year period beginning on the date such declaration is made, and ``(II) to the extent such distribution does not exceed the amount of such loss and is not compensated for by insurance or otherwise. For purposes of subclause (II), the amount of any loss shall be determined using the greater of the fair market value of the property on the day before the date of such disaster or the adjusted basis of the property as provided in section 1011.''. (b) Exemption of Distributions From Withholding.--Paragraph (4) of section 402(c) of the Internal Revenue Code of 1986 (relating to eligible rollover distribution) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting at the end the following new subparagraph: ``(D) any qualified disaster-relief distribution (within the meaning of section 72(t)(2)(G)).''. (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date on which a period referred to in section 72(t)(2)(G)(iii)(I) begins (but only to the extent provided in section 72(t)(2)(G)), and''. (2) Section 403(b)(7)(A)(ii) of such Code is amended by inserting ``sustains a loss as a result of a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (but only to the extent provided in section 72(t)(2)(G)),'' before ``or''. (3) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for distributions to which section 72(t)(2)(G) applies.''. (d) Effective Date.--The amendments made by this section shall apply to distributions received in taxable years beginning after December 31, 2003.

Amends the Internal Revenue Code to: (1) exempt qualified disaster-relief distributions from the ten percent penalty on premature distributions from tax-exempt retirement plans; and (2) allow repayment of such distributions to the retirement plan within five years after the date of such distribution. Defines a "qualified disaster-relief distribution" as a distribution to an individual who has sustained a loss in excess of $100 from a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act if such distribution is made within one year after the disaster declaration and the distribution does not exceed the amount of the loss and is not covered by insurance or otherwise.

A bill to amend the internal Revenue Code of 1986 to allow penalty free withdrawals from retirement plans for victims of federally declared disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent-To-Own Reform Act of 2001''. SEC. RENT-TO-OWN PROTECTION ACT. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new title: ``TITLE X--RENT-TO-OWN TRANSACTIONS ``Sec. ``1001. Short title. ``1002. Findings and purposes. ``1003. Definitions. ``1004. Application of State laws regarding fees, charges, guarantees, and warranties to rent-to-own transactions. ``1005. Application of Federal laws to rent-to-own transactions. ``1006. Disclosures. ``1007. Prohibitions and enforcement. ``1008. Civil liability. ``1009. Application of this title. ``1010. Regulations. ``1011. Relationship to other laws. ``SEC. 1001. SHORT TITLE. ``This title may be cited as the `Rent-To-Own Protection Act'. ``SEC. 1002. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds the following: ``(1) The rent-to-own industry targets its products primarily to low income and minority neighborhoods. ``(2) The majority of rent-to-own customers enter into rent-to-own contracts with the intention of owning the goods for which they are contracting. ``(3) Rent-to-own dealers often fail to disclose key terms of rent-to-own contracts, and engage in unfair collection practices. ``(4) Of primary significance, rent-to-own dealers do not provide customers with the protections afforded purchasers in retail installment sales under State and Federal laws, and often charge excessive fees and interest rates. ``(b) Purposes.--The purposes of this title are the following: ``(1) Provide consumers in rent-to-own transactions the range of protections provided under State and Federal laws to individuals that acquire goods in other consumer credit sales, while recognizing and preserving consumers' unilateral right to terminate. ``(2) Require rent-to-own contracts, and tags affixed to items available for acquisition in rent-to-own transactions, to disclose material terms of those transactions. ``(3) Prohibit rent-to-own dealers and collection agents hired by those dealers from engaging in abusive collection practices. ``SEC. 1003. DEFINITIONS. ``For purposes of this title, the following definitions shall apply: ``(1) Board.--The term `Board' means the Board of Governors of the Federal Reserve System. ``(2) Cash price.--The term `cash price' means-- ``(A) the bona fide retail price for an item or service in sales by a seller to consumers who pay the full price in one payment, respectively-- ``(i) before taking possession of the item, or ``(ii) for receipt of the service other than in a rent-to-own transaction, as indicated by actual sales of such item or service by the seller; and ``(B) in the case of a seller that does not regularly engage in such sales of the item or service, respectively-- ``(i) the average cash retail price of the item or a similar item in the community; or ``(ii) the estimated bona fide retail value of the service. ``(3) Consumer.--The term `consumer'-- ``(A) when used as an adjective, means for use by an individual primarily for personal, family, or household purposes; and ``(B) when used as a noun, means an individual who is the lessee or bailee under a rent-to-own contract. ``(4) Credit.--The term `credit'-- ``(A) includes the right granted by a seller to a consumer to obtain possession of an item of consumer goods under a rent-to-own contract before payment of the total amount that is required to be paid to acquire ownership of the item; and ``(B) is deemed to be a fixed sum equal to-- ``(i) the total of payments for the item required to obtain ownership of the item under the contract; minus ``(ii) the sum of-- ``(I) the cash price; ``(II) any fees specifically allowable under State law, except finance charges, interest, or a time price differential; and ``(III) the termination fee under section 1004. ``(5) Rent-to-own contract.--The term `rent-to-own contract' means a contract in the form of a terminable lease or bailment of an item of consumer goods, under which-- ``(A) a consumer-- ``(i) has the right of possession and use of the item; and ``(ii) has the option to renew the contract periodically by making payments specified in the contract; and ``(B) a seller agrees, in writing or orally, to transfer ownership of the item to the consumer upon the fulfillment of all obligations of the consumer under the contract for that transfer. ``(6) Rent-to-own transaction.--The term `rent-to-own transaction' means the lease or bailment of an item of consumer goods under a rent-to-own contract. ``(7) Seller.--The term `seller' means-- ``(A) a person-- ``(i) who regularly makes consumer goods available under rent-to-own contracts; and ``(ii) to whom payments are payable under those contracts; and ``(B) an assignee of such a person. ``(8) State.--The term `State' means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ``SEC. 1004. APPLICATION OF STATE LAWS REGARDING FEES, CHARGES, GUARANTEES, AND WARRANTIES TO RENT-TO-OWN TRANSACTIONS. ``(a) In General.--Subject to subsection (b), a seller in a rent- to-own transaction may not take, receive, or assess any interest, finance charge, or other fee for the transaction that is in excess of the interest, fees, or finance charges that may be charged under the laws of the State in which the seller is located which-- ``(1) establish a maximum rate or amount of interest, finance charge, or time-price differential that may be charged in connection with a credit sale or retail installment sale for the same or a similar item; ``(2) establish the types of fees and the maximum amount of fees that a seller may charge in connection with a credit sale or retail installment sale for the same or a similar item; or ``(3) establish the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance in connection with a credit sale or a retail installment sale for the same or a similar item. ``(b) Additional Termination Charges and Fees.-- ``(1) Charges and fees authorized.--In addition to fees and charges authorized under subsection (a), a seller in a rent-to- own transaction may charge-- ``(A) a termination fee in accordance with paragraph (2), if in exchange the consumer is given the right to terminate the rent-to-own contract for the transaction at any time without regard to whether the consumer has completed payment of the fee; and ``(B) fees that are reasonable in relation to the cash price of the good, for recovery of the items that are the subject of the contract and that are not voluntarily returned to the seller upon the termination of the contract. ``(2) Termination fee.--A termination fee under paragraph (1)(A)-- ``(A) shall not exceed 5 percent of the cash price under the contract; ``(B) shall be disclosed in the contract; ``(C) may be paid at the time the contract is entered into or over the life of the contract; and ``(D) shall be calculated as part of the finance charge as determined under section 106 of the Truth in Lending Act. ``(3) Recovery fees.--A recovery fee under paragraph (1)(B) shall be disclosed in the contract. ``(4) Effect of termination.--The termination of a rent-to- own contract by a consumer in accordance with a right of termination given to the consumer in exchange for a termination fee under subsection (a)(1) is deemed to satisfy the consumer's obligation for all payments and fees due under the contract, except fees and charges under the contract that become due before the date of termination. ``(c) Guarantees and Warranties.--All guarantees and warranties established or required under the laws of a State for goods sold pursuant to a consumer credit sale or retail installment sale apply to goods which are the subject of a rent-to-own transaction in the State. ``SEC. 1005. APPLICATION OF FEDERAL LAWS TO RENT-TO-OWN TRANSACTIONS. ``The following Federal laws apply to a rent-to-own transaction, as follows: ``(1) Truth in lending act.--The Truth in Lending Act applies as such Act applies to a consumer credit transaction that is a credit sale (as that term is defined in that Act). ``(2) Equal credit opportunity act.--The Equal Credit Opportunity Act applies as such Act applies to credit transactions. For purposes of that application-- ``(A) a consumer shall be treated as an applicant; and ``(B) a seller shall be treated as a creditor. ``(3) Fair debt collection practices act.--The Fair Debt Collection Practices Act applies to the collection of payments owed that arise from a rent-to-own transaction, unless those payments are collected by any person specified in subparagraphs (A) through (F) of section 803(6) of such Act. For purposes of that application, payments owed shall be treated as debt. ``(4) Fair credit reporting act.--The Fair Credit Reporting Act applies as such Act applies to a credit transaction and to any extension or denial of credit. ``SEC. 1006. DISCLOSURES. ``(a) Disclosures on Goods.--A seller shall include on each item in the place of business of the seller that is available for purchase pursuant to a rent-to-own transaction the following information: ``(1) The cash price of the item. ``(2) An itemization of services offered under a rent-to- own contract for the item, and the cash price of each service. ``(3) The annual percentage rate of the item under a rent- to-own contract, determined under section 107 of the Truth in Lending Act. ``(4) The weekly, biweekly, monthly, or other incremental payment applicable under the rent-to-own contract for the transaction and the number of payments. ``(5) The total of payments required to be paid to acquire ownership of the item under a rent-to-own contract for the transaction, determined under regulations under the Truth in Lending Act. ``(6) Specification of whether the item is new or used. ``(b) Disclosures Upon Contracting.--A seller shall provide to a consumer in writing, at the time the seller and consumer enter into a rent-to-own contract for an item, the information referred to in subsection (a) for the item and the contract. ``SEC. 1007. PROHIBITIONS AND ENFORCEMENT. ``(a) Prohibitions.--A person who is a seller under a rent-to-own contract with a consumer shall not-- ``(1) threaten or invoke criminal prosecution of a consumer for any matter related to the contract, unless there is clear and convincing evidence that the goods that are the subject of the contract are being held by the consumer with an intent to defraud the seller; ``(2) use threats or coercion to collect or attempt to collect any amounts alleged to be due from the consumer; ``(3) engage in any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with an attempt to collect amounts owed by the consumer under the contract; ``(4) unreasonably disclose information to third parties regarding amounts owed by the consumer; ``(5) make any fraudulent, deceptive, or misleading representation to obtain information about the consumer or to collect amounts owed by the consumer; ``(6) use any unconscionable means to collect or attempt to collect a debt owed to the seller; ``(7) advertise, announce, solicit, or otherwise represent as free or available without charge (including by use of other words of similar meaning) any service under the contract for which the seller charges the consumer, including any service for which a charge is collected by inclusion in the amount required to be paid under the contract; ``(8) use, for purposes of complying with any State or Federal law governing rent-to-own transactions (other than a State or Federal tax law) any definition of the term `cash price' other than the definition under section 1003(2); ``(9) engage in any act or practice which is unfair or deceptive in connection with a rent-to-own transaction; or ``(10) violate any regulation issued by the Board under subsection (c)(1). ``(b) Enforcement.-- ``(1) Enforcement.--Compliance with the requirements under this title shall be enforced by the Federal Trade Commission. All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person, irrespective of whether the person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. ``(2) Treatment of violations.--For the purpose of the exercise by the Federal Trade Commission of the functions and powers of such Commission under the Federal Trade Commission Act, a violation of any requirement or prohibition under this title is deemed to be an unfair or deceptive act or practice in commerce in violation of that Act. ``(c) Regulations.-- ``(1) Board.--The Board shall issue such regulations as are necessary or appropriate for implementing subsection (a), including regulations describing specific practices by a seller that are prohibited by paragraphs (1) through (9) of that subsection. ``(2) Federal trade commission.--The Federal Trade Commission shall issue regulations implementing subsection (b). ``SEC. 1008. CIVIL LIABILITY. ``(a) Liability for Failure To Properly Disclose Terms.--Any seller who fails to comply with a requirement under section 1006 is liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the failure; ``(2) $250 for each failure; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(b) Other Liability.--A seller that violates this title or fails to comply with any requirement imposed under this title, other than under section 1006, shall be liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the violation; ``(2) $2,500 for each violation; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(c) Jurisdiction and Limitation.--An action under this title may be brought in any United States district court or in any other court of competent jurisdiction, within 24 months after the date of the violation or failure that is the subject of the action. This subsection does not bar a person from asserting a violation of this title in an action to collect amounts alleged to be due from the person which is brought more than 2 years after the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action. ``SEC. 1009. APPLICATION OF THIS TITLE. ``(a) In General.--This title shall apply to rent-to-own contracts entered into after the date of the issuance of regulations by the Board under section 1010. ``(b) Motor Vehicles.--This title shall not apply to any lease or sale of a motor vehicle entered into after the date of the enactment of the Rent-To-Own Reform Act of 2001 that, if entered into on the day before that date of enactment, would have been subject to chapter 5 of the Truth in Lending Act. ``SEC. 1010. REGULATIONS. ``The Board shall issue such regulations as may be necessary to implement this Act (including regulations under section 1007(c)(1)), by not later than 12 months after the date of the enactment of the Rent- To-Own Reform Act of 2001. ``SEC. 1011. RELATIONSHIP TO OTHER LAWS. ``(a) State Law.--This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with, the laws of any State with respect to rent-to-own transactions, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5 of the Truth in Lending Act, relating to consumer leases, shall not apply to a rent-to-own transaction except the lease or sale of a motor vehicle that, if entered into on the day before the date of the enactment of the Rent-To-Own Reform Act of 2001, would have been subject to that chapter.''.

Rent-To-Own Reform Act of 2001 - Amends the Consumer Credit Protection Act to prohibit seller-imposed interest, finance charges, or other fees in a rent-to-own transaction that exceed maximum interest, fees, or finance charges that may be charged for a credit sale or retail installment sale for the same or similar item under the laws of the seller's State.Prescribes guidelines for authorized seller termination charges.Grants a rent-to-own transaction: (1) the same warranty and guaranty protections as apply to a consumer credit sale or retail installment sale; and (2) specified statutory protections under the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act..Mandates specified seller disclosures on goods in a rent-to-own transaction, including payment terms. Prohibits specified seller practices. Grants the Federal Trade Commission enforcement powers.Subjects a seller to civil liability to the consumer for violations of this Act.

To amend the Consumer Credit Protection Act to protect consumers from inadequate disclosures and certain abusive practices in rent-to-own transactions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Notification Act of 2010''. SEC. 2. PROVISION OF CERTAIN INTELLIGENCE RELATED TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES AND CONTRACTORS OF THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF DEFENSE. (a) In General.--Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section: ``provision of certain intelligence related to members of the armed forces and civilian employees and contractors of the department of defense to the department of defense ``Sec. 120. (a) In General.--Subject to subsection (b), the head of an element of the intelligence community shall provide to the Secretary of Defense any intelligence information obtained by such element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests. ``(b) Exception.--The head of an element of the intelligence community may withhold information required to be provided under subsection (a) if such head determines that providing such information in accordance with such subsection would negatively affect an ongoing investigation.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by inserting after the item relating to section 119 the following new item: ``Sec. 120. Provision of certain intelligence related to members of the Armed Forces and civilian employees and contractors of the Department of Defense to the Department of Defense.''. SEC. 3. DEPARTMENT OF DEFENSE RESPONSE TO INTELLIGENCE INQUIRIES REGARDING MEMBERS OF THE ARMED FORCES, CIVILIAN EMPLOYEES, AND CONTRACTOR PERSONNEL. (a) Prompt Response to Inquiries.--Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section: ``Sec. 1564b. Response to intelligence inquiries regarding members, civilian employees, and contractor personnel ``(a) Prompt Response Required.--The Secretary of Defense shall prescribe a process for expediting an official response to any information submitted by an element of the intelligence community indicating that a member of the armed forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests. ``(b) Response Goal.--To the maximum extent practicable, the process prescribed under subsection (a) shall seek to achieve a response time of not more than 24 hours after receiving information from an element of the intelligence community described in such subsection. At a minimum, the Secretary of Defense shall notify the element of the intelligence community whether the contact of the member of the armed forces, civilian employee of the Department of Defense, or Department of Defense contractor employee with a person that seeks to harm the United States or United States interests is directly related to the duties and assignments of the member or employee within the Department of Defense. ``(c) Annual Review.--The Secretary of Defense shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions. ``(d) Consultation Requirement.--The Secretary of Defense shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section. ``(e) Report.--The Secretary of Defense shall annually submit to Congress a report containing-- ``(1) the number of instances in which an element of the intelligence community has provided information to the Secretary of Defense indicating that a member of the armed forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests during the preceding year; and ``(2) the results of each investigation conducted by the Secretary with respect to the instances referred to in paragraph (1). ``(f) Intelligence Community Defined.--In this section, the term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''. (b) Initial Report.--The first report required under section 1564b(e) of title 10, United States Code, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564a the following new item: ``1564b. Response to intelligence inquiries regarding members, civilian employees, and contractor personnel.''.

Terrorist Notification Act of 2010 - Amends the National Security Act of 1947 to direct the head of an element of the intelligence community (IC) to provide to the Secretary of Defense any intelligence information obtained by such IC element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense (DOD), or a DOD contractor employee has communicated with a person that seeks to harm the United States or U.S. interests. Allows an exception when the IC head determines that providing such information would negatively affect an ongoing investigation. Requires: (1) the Secretary to prescribe a process for expediting an official response to any information submitted, and to seek to achieve such response within 24 hours after receipt of the information; (2) such response to include whether the contact of the member or employee with such a person is directly related to his or her duties; (3) the Secretary to annually review and revise the response process as necessary; and (4) the Secretary to report annually to Congress concerning the instances in which such information was provided and the response to the information.

To require the head of an element of the intelligence community to provide to the Secretary of Defense any intelligence information obtained by such element that indicates the involvement of personnel of the Department of Defense with a terrorist organization, and for other purposes.

SECTION 1. AUTHORITY TO ESTABLISH AND OPERATE MANAGED HEALTH-CARE PLANS. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1704 the following new section: ``Sec. 1705. Establishment of managed health-care plans ``(a) In carrying out responsibilities under this title with respect to the delivery of health care, the Secretary may establish and operate managed health-care plans. Any such plan shall be operated by or through a Department health-care facility or group of facilities and may include the provision of health services through other public or private entities under arrangements made between that Department facility or group of facilities and the other public or private entity concerned. Any such managed health care plan under this section shall be established and operated in conformance with standards prescribed by the Secretary after consultation with the Secretary of Health and Human Services. ``(b) The Secretary, as part of the standards prescribed under subsection (a), shall prescribe the minimum health care benefits to be provided under the plan to veterans enrolled in the plan. Those benefits shall include at least those health benefits covered under parts A and B of the Medicare program under title XVIII of the Social Security Act. ``(c) The Secretary may establish an enrollment system to enroll veterans (other than veterans described in section 1710(a)(1) of this title) in any plan established under subsection (a). ``(d) The Secretary, notwithstanding sections 1710(f) and 1712(f) of this title, may establish such cost-sharing requirements for veterans enrolled in a plan under this section as the Secretary considers appropriate to cover costs of providing benefits under the plan that are not paid by the Medicare program under title XVIII of the Social Security Act. Such cost-sharing requirements may include an enrollment premium, copayment charges, and deductibles. ``(e) Payments received under subsection (d) and under section 1729A of this title with respect to care or services provided to a veteran enrolled in a health-care plan under this section shall be credited to the applicable Department medical appropriation and shall be used to pay for the costs of furnishing care and services under subsection (a). ``(f) The Secretary may not in any fiscal year operate a plan under subsection (a) at a Department facility unless the director of that facility has certified to the Under Secretary for Health that sufficient medical care funds have been allotted to that facility for that fiscal year to enable the director to provide needed hospital care and medical services authorized under this chapter to veterans described in section 1710(a)(1) of this title in the number that, in the judgment of the director, are likely to require that care and services from that facility during that fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1704 the following new item: ``1705. Establishment of managed health-care plans.''. SEC. 2. REQUIREMENT FOR PAYMENT FOR CERTAIN SERVICES PROVIDED BY DEPARTMENT FACILITIES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1729 the following new section: ``Sec. 1729A. Medicare payment for certain veterans ``(a) Notwithstanding any other provision of law, the Secretary of Health and Human Services shall make payments during a year to a Department managed health care plan on behalf of veterans (other than veterans described in section 1710(a)(1) of this title) who are Medicare-eligible individuals and are enrolled in such plan during the year under similar terms as the Secretary makes payments under title XVIII of the Social Security Act to other eligible managed care health plans. ``(b)(1) For purposes of subsection (a), a managed health care plan organized and operated under section 1705 of this title-- ``(A) which provides care to Medicare-eligible veterans (other than veterans described in section 1710(a)(1) of this title); and ``(B) for which there is a certification in effect under paragraph (2), shall be deemed to be a certified Medicare Choice organization under section 1857 of the Social Security Act. ``(2) The Secretary shall certify to the Secretary of Health and Human Services each year a list of all Department managed health care plans established under section 1705 of this title which the Secretary finds conform to the standards prescribed under such section. ``(c) For purposes of this section-- ``(1) the term `Medicare program' means the health insurance program under title XVIII of the Social Security Act; ``(2) the term `Medicare-eligible veteran' means a veteran who is entitled to benefits under the Medicare program; and ``(3) the term `Medicare Choice organization' means a managed health care organization under part C of title XVIII of the Social Security Act.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729 the following new item: ``1729A. Medicare payment for certain veterans.''. (c) Effective Date.--Section 1729A of title 38, United States Code, as added by subsection (b), shall apply with respect to care provided after the date of the enactment of this Act.

Authorizes the Secretary of Veterans Affairs, in carrying out responsibilities with respect to the delivery of health care for veterans and their beneficiaries, to establish and operate managed health care plans through a Department of Veterans Affairs health care facility or group of such facilities or through arrangements with public or private entities. Directs the Secretary to prescribe the minimum health care benefits to be provided to veterans enrolled in the plan, which shall include at least those benefits covered under parts A and B of the Medicare Program (title XVIII of the Social Security Act). Authorizes the Secretary to establish cost-sharing requirements for veterans enrolled in such a plan, including premiums, copayments, and deductibles. Requires the director of a Department health care facility to certify, before the operation of a plan at such facility, that sufficient medical care funds have been allotted to such facility to provide the needed services. Directs the Secretary of Health and Human Services (HHS Secretary) to make payments during a year to a Department managed health care plan on behalf of veterans who are Medicare-eligible individuals and are enrolled in the managed health care plan, under similar terms as the HHS Secretary makes payments under Medicare to other eligible managed health care plans. Directs the Secretary to certify to the HHS Secretary each year a list of all Department managed health care plans which conform to the standards required for such payments.

To amend title 38, United States Code, to enable the Secretary of Veterans Affairs to improve service-delivery of health care to veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Olympic Committee Paralympic Program Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998, which amended chapter 2205 of title 36, United States Code, which included a statement that the purpose of the Act was ``to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes''. (2) The United States Olympic Committee manages and administers the Paralympic Program for physically disabled athletes. (3) In 2005, the United States Olympic Committee entered into a memorandum of understanding with the Secretary of Veterans Affairs to expand the Paralympic Program to provide special training and rehabilitation to disabled veterans and disabled members of the Armed Forces as part of their rehabilitation and return to an active lifestyle. (4) The Paralympic Program has a significant positive effect on the quality of life of such veterans and servicemembers, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of disabled veterans and disabled members of the Armed Forces who participate in the program and reducing the incidence of secondary medical conditions in those participants. (5) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore necessary to expand the scope and size of the Paralympic Program to provide rehabilitative services through sports to disabled veterans and members of the Armed Forces. (b) Purpose.--The purposes of this Act are as follows: (1) To promote the life-long health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports. (2) To develop a system that promotes disabled sports from the local level through elite levels by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled athletes. (3) To provide training and support to local organizations to provide Paralympic sports training to disabled veterans and disabled members of the Armed Forces in their own communities. (4) To provide support to the United States Olympic Committee for the Paralympic Program to increase the participation of disabled veterans and disabled members of the Armed Forces in sports as part of their rehabilitation. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM. (a) Provision of Assistance Authorized.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 521 the following: ``Sec. 521A. Assistance for the United States Olympic Committee Paralympic Program ``(a) Authorization To Provide Assistance.--The Secretary may make grants to the United States Olympic Committee to plan, develop, manage, and implement the Paralympic Program for disabled veterans and disabled members of the Armed Forces. ``(b) Oversight by Secretary.--As a condition of receiving a grant under this section, the United States Olympic Committee shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. ``(c) Application Requirement.--(1) Before the Secretary may make a grant to the United States Olympic Committee under this section, the Committee shall submit to the Secretary an application that describes the activities to be carried out with the grant, including information on specific measurable goals and objectives to be achieved using grant funds. The application shall include a detailed description of all partnerships referred to in paragraph (2) at the national and local levels that will be participating in such activities and the amount of grant funds that will be made available for each of such partnerships. ``(2) Partnerships.--Partnerships referred to in this paragraph are agreements between the United States Olympic Committee and national organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and national levels. Such organizations include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding provided by the United States Olympic Committee to the partner. ``(d) Use of Funds.--(1) The United States Olympic Committee, with the assistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships referred to in subsection (c)(2), shall use a grant under this section to recruit, support, encourage, schedule, facilitate, supervise, and implement the activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces either directly or by supporting a program described in paragraph (2). ``(2) A program described in this paragraph is a sport program that-- ``(A) promotes basic physical activity, games, recreation, training, and competition; ``(B) is approved by the Secretary; and ``(C)(i) provides services and activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces; and ``(ii) may also provide services and activities described in paragraph (3) for individuals with disabilities who are not veterans or members of the Armed Forces, or both; except that funds made available to carry out this section may not be used to support those individuals with disabilities who are not veterans or members of the Armed Forces. ``(3) Activities described in this paragraph are-- ``(A) instruction, participation, and competition in Paralympic sports; ``(B) training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and ``(C) coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), program- specific medical and personal care support, sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program. ``(4) A grant made under this section may include, at the discretion of the Secretary, an amount for administrative expenses, but not to exceed ten percent of the amount of the grant. ``(5) Funds made available by the United States Olympic Committee to a grantee under subsection (c) may include an amount for administrative expenses, but not to exceed ten percent of the amount of such funds. ``(e) Outreach Requirement.--The Secretary shall conduct an outreach campaign to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the Paralympic Program and shall provide for, facilitate, and encourage participation of such veterans and separating servicemembers in programs under this section to the extent possible. ``(f) Coordination.--The Secretary shall ensure access to and use of appropriate Department facilities by disabled veterans and disabled members of the Armed Forces participating in the Paralympic Program to the maximum extent possible and to the extent that such access and use does not adversely affect any other assistance provided to veterans. ``(g) Authorization of Appropriations.--There is authorized to be appropriated $8,000,000 annually to carry out this section. ``(h) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section. Funds appropriated to carry out this section shall not be commingled with any other funds appropriated to the Department. ``(i) Limitation on Use of Funds.--Except as provided in subsections (d)(4) and (d)(5), funds appropriated to carry out this section may not be used to support or provide services to individuals who are not disabled veterans or disabled members of the Armed Forces.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 521 the following new item: ``521A. Assistance for United States Olympic Committee Paralympic Program.''. (c) Deadline for Memorandum of Understanding.--The Secretary of Veterans Affairs may not award a grant under section 521A of title 38, United States Code, as added by subsection (a), until the United States Olympic Committee has entered into a memorandum of understanding or cooperative agreement with the Secretary regarding implementation of the Paralympic Program. Such agreement shall be concluded not later than 180 days after the date of the enactment of this Act. SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. (a) Establishment of Office of National Veterans Sports Programs and Special Events.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 321. Office of National Veterans Sports Programs and Special Events ``(a) Establishment.--There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report directly to the Assistant Secretary for Public and Intergovernmental Affairs of the Department. ``(b) Responsibilities of Director.--Subject to the direction of the Secretary, the Director-- ``(1) shall establish and carry out qualifying programs and events; ``(2) may provide for sponsorship by the Department of qualifying programs and events; ``(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events; and ``(4) shall cooperate with the United States Olympic Committee and its subsidiaries to promote the participation of disabled veterans and disabled members of the Armed Forces in sporting events sponsored by the United States Olympic Committee and its subsidiaries. ``(c) Qualifying Program or Event.--For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department. ``(d) Monthly Assistance Allowance.--(1) The Director may provide a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic Committee or who is residing at a United States Olympic Committee training center. ``(2) The amount of the monthly assistance payable to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence allowance that would be payable to the veteran under chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter. ``(3) Any amount of assistance paid to a veteran under this subsection shall be in addition to any other assistance available to the veteran under any other provision of law. ``(4) There is authorized to be appropriated to carry out this subsection $2,000,000 for fiscal year 2009 and thereafter. ``(e) Limitation on Statutory Construction.--Nothing in this section shall be construed as a limitation on current disabled sports and special events supported by the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``321. Office of National Veterans Sports Programs and Special Events.''. (c) Responsibilities of Under Secretary for Health.--The Secretary of Veterans Affairs shall direct the Under Secretary for Health of the Department of Veterans Affairs-- (1) to make available, to the maximum extent possible, recreational therapists, physical therapists, and other medical staff to facilitate participation of veterans in sporting events conducted under the auspices of the United States Olympic Committee; (2) to allow such personnel to participate in the United States Olympic Committee Paralympic Program without requiring the use of personal leave; and (3) to support other similar activities or events as those described in this section and determined to be appropriate by the Secretary.

United States Olympic Committee Paralympic Program Act of 2008 - Authorizes the Secretary of Veterans Affairs to make grants to the U.S. Olympic Committee (USOC) to plan, develop, manage, and implement the Paralympic Program for disabled veterans and disabled members of the Armed Forces. Directs the USOC to use a grant to recruit, support, encourage, schedule, facilitate, supervise, and implement paralympic instruction, participation, and competition activities, training and technical assistance, and coordination, program development, and other specified activities for veterans and members of the Armed Forces with physical disabilities. Sets forth outreach, coordination, application, and memorandum of understanding requirements. Establishes in the Department of Veterans Affairs (VA) an Office of National Veterans Sports Programs and Special Events to establish, carry out, and provide for VA sponsorship of and participation by disabled veterans in qualifying programs and events. Authorizes the Office Director to provide a monthly assistance allowance to a disabled veteran invited by the USOC to compete for, or selected for, the Paralympic Team. Requires the Secretary to direct the Under Secretary for Health of the VA to: (1) make available recreational and physical therapists and other medical staff to facilitate veteran participation in sporting events conducted under the auspices of the USOC; (2) allow such personnel to participate in the USOC Paralympic Program without requiring the use of personal leave; and (3) support other similar activities or events.

A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide assistance to the Paralympic Program of the United States Olympic Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Welfare Administration Act of 1993''. SEC. 2. COMBINED GRANT TO STATE FOR ADMINISTRATIVE COSTS OF AFDC, MEDICAID, AND FOOD STAMP PROGRAMS. (a) In General.--The Secretary of Health and Human Services shall make grants, in accordance with the provisions of this section, to each State for the costs of the necessary and proper administration of its State plan for aid to families with dependent children approved under part A of title IV of the Social Security Act, its State plan for medical assistance under title XIX of such Act and its State plan of operation approved (by the Secretary of Agriculture) under the Food Stamp Act of 1977. (b) Source of Funds.--Grants to States under subsection (a) shall be made from amounts appropriated to carry out this Act, or from funds made available for such purpose-- (1) by the Secretary of Health and Human Services pursuant to part A of title IV, or title XIX, of the Social Security Act; or (2) by the Secretary of Agriculture pursuant to the Food Stamp Act of 1977. (c) Establishment of Single Fund.--Amounts made available pursuant to subsection (b) shall be combined in a single fund account established by the Secretary of the Treasury for the administration of this Act by the Secretary of Health and Human Services. SEC. 3. ELIMINATION OF ENHANCED FEDERAL PAYMENTS FOR STATE ADMINISTRATIVE ACTIVITIES UNDER AFDC, MEDICAID, AND FOOD STAMPS. (a) AFDC.-- (1) In general.--Section 403(a)(3) of the Social Security Act (42 U.S.C. 603(a)(3)) is amended to read as follows: ``(3) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan;''. (2) Conforming amendments.--(A) Section 402(e) of such Act (42 U.S.C. 602(e)) is amended-- (i) by striking ``(e)(1)'' and inserting ``(e)''; and (ii) by striking paragraph (2). (B) Part A of title IV of such Act (42 U.S.C. 601 et seq.) is amended by striking section 413. (b) Medicaid.-- (1) In general.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by striking paragraphs (2), (3), (4), and (6); (B) in paragraph (5), by adding ``plus'' at the end; and (C) by redesignating paragraphs (5) and (7) as paragraphs (2) and (3). (2) Conforming amendments.--(A) Section 1158 of such Act (42 U.S.C. 1320c-7) is amended-- (i) by striking ``(a) A State plan'' and inserting ``A State plan''; and (ii) by striking subsection (b). (B) Section 1902(a)(25)(A)(ii) of such Act (42 U.S.C. 1396a(a)(25)(A)(ii)) is amended by striking ``shall--'' and all that follows and inserting the following: ``shall be integrated with a mechanized claims processing and information retrieval system;''. (C) Section 1903 of such Act (42 U.S.C. 1396b) is amended by striking subsections (b)(3) and (r). (D) Section 1903(w) of such Act (42 U.S.C. 1396b(w)) is amended-- (i) in paragraph (1)(B), by striking ``subsection (a)(7)'' and inserting ``subsection (a)(3)''; and (ii) by striking ``paragraphs (2), (3), (4), (6), and (7)'' each place it appears in paragraphs (1)(B) and (2)(A)(iii) and inserting ``paragraph (3)''. (E) Section 1919 of such Act (42 U.S.C. 1396r) is amended-- (i) in subsection (g)(3)(C), by striking ``1903(a)(2)(D)'' and inserting ``1903(a)(3)''; and (ii) by striking ``1903(a)(7)'' each place it appears in subsections (h)(2)(E) and (h)(2)(F) and inserting ``1903(a)(3)''. (c) Food Stamp Program.-- (1) In general.--Section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking ``: Provided, That the Secretary'' and all that follows through the end and inserting a period. (2) Conforming amendments.--(A) Section 16(c)(1) of such Act (7 U.S.C. 2025(c)(1)) is amended-- (i) in the matter preceding subparagraph (A), by striking ``and provide'' and all that follows through ``error rates''; (ii) in subparagraph (B), by striking ``other than those receiving adjustments under subparagraph (A)''; (iii) in subparagraph (C), by striking ``subparagraph (B)'' and inserting ``subparagraph (A)''; and (iv) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). (B) Section 16(c)(5) of such Act (7 U.S.C. 2025(c)(5)) is amended-- (i) by striking ``either incentive payments under paragraph (1)(A) or''; and (ii) by striking ``paragraph (1)(C)'' each place it appears and inserting ``paragraph (1)(B)''. (C) Section 16(c)(6) of such Act (7 U.S.C. 2025(c)(6)) is amended-- (i) by striking ``and incentive payments'' and all that follows through ``(1)(C)'' and inserting ``and claims pursuant to paragraph (1)''; and (ii) by striking ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)''. (D) Section 16(c)(7) of such Act (7 U.S.C. 2025(c)(7)) is amended by striking ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)''. (E) Section 16 of such Act (7 U.S.C. 2025(c)) is amended by striking subsections (g) and (j). (F) Section 23(a)(1) of such Act (7 U.S.C. 2032(a)(1)) is amended-- (i) in paragraph (1)(C), by striking ``either section 16(a) or 16(g)'' and inserting ``section 16(a)''; and (ii) by striking subparagraph (E). SEC. 4. ALLOTMENT AND PAYMENT OF FUNDS UNDER GRANT PROGRAM. (a) In General.-- (1) Basis for payments in initial year of applicability.-- The total amount payable to a State under this Act for fiscal year 1994 shall be that amount which bears the same ratio to the amount available pursuant to section 2 for that year as the allowable administrative amounts determined to be payable to such State for the last two quarters in fiscal year 1993 and the first two quarters in fiscal year 1994 (as defined in subsection (b), and subject to the limitation in subsection (c)) bear to the total of such amounts for all States. (2) Payments in subsequent years.--The total amount payable to a State under this Act for each subsequent fiscal year shall be the amount payable to the State under this subsection in the preceding year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. (3) Timing; frequency.--Payments under this section shall be made in accordance with section 203 of the Intergovernmental Cooperation Act of 1968 from amounts determined to be available to the State under paragraph (1), and payments shall be made at the same time and in the same frequency as the Secretary determines appropriate for making payments under section 403(b)(3) or section 1903(d)(2) of the Social Security Act. (b) Allowable Administrative Amounts Defined.-- (1) In general.--For purposes of subsection (a)(1), the term ``allowable administrative amount'' means (subject to paragraphs (2) and (3)), with respect to a State, the amounts determined to be payable to a State for the quarter specified is equal to the sum of-- (A) payments to the State under section 403(a)(3) of the Social Security Act (excluding any amounts determined under section 403(a)(3)(B) of such Act); (B) payments to the State under paragraphs (2), (3), (4), and (6) of section 1903(a) of such Act (excluding amounts paid for the activities described in paragraph (3)(A) of such section); and (C) payments to the State under section 16(a) of the Food Stamp Act of 1977 (excluding amounts retained by a State under such section because of its collection or recovery activities, and without regard to any adjustment under section 16(c) of such Act or any amounts paid under such section for the cost of investigations or prosecutions, or the cost of administering the food stamp program on all or part of an Indian reservation). (2) Limitation.--For purposes of paragraph (1), in determining the amount of payments to a State for a fiscal year, the State's expenditures shall be considered only if amounts have been transferred for grants under this Act for such year from sums otherwise available (but for such transfer) for administrative costs under title IV or title XIX of the Social Security Act or under the Food Stamp Act of 1977. (3) Elimination of enhanced administrative payments in determining amount of grants.--In carrying out this subsection, the Secretary shall apply the Social Security Act and the Food Stamp Act of 1977 as if the amendments to those Acts made by section 3 had been in effect for quarters beginning during 1993. (c) Treatment of Amounts in Dispute.--In the event that there is a dispute between a State and the Secretary (or the Secretary of Agriculture) with respect to any such claim for payment which, if approved, would be included in computing the State's allotment under subsection (a), the amount in dispute shall not be included for purposes of making allotments under such subsection for any year prior to the first year beginning after the dispute is resolved. SEC. 5. REPORT ON INTENDED USE OF FUNDS AND ACTIVITIES; AUDIT. (a) Report by State.--Each State desiring to receive an allotment for any fiscal year under this Act shall prepare a report on the intended use of such allotment. Such report shall describe in general terms of goals to be achieved and classes of administrative expenditures for which funds received under the grant will be used. The report shall assure that fiscal control and fund accounting procedures will be established that are adequate to meet the requirements of subsection (b). The report (for the second and subsequent years for which an allotment is sought under this Act) shall also include a description of the State's activities under the Act in the fiscal year preceding the year for which such report is prepared and the extent to which the goals it identified in the report for such preceding year were achieved. The report shall be made public within the State on a timely basis and in such manner as to facilitate review by and comments from interested persons and local governments on its content, and a copy of the report will be provided to the Secretary. (b) Audits.--Each State receiving a grant under this Act shall biennially conduct a financial and compliance audit of its expenditures from such grants. Such State audits shall be conducted by an entity independent of any State agency administering activities carried out under this subsection, and in accordance with the Comptroller General's standards for auditing governmental organizations, programs, activities, and functions. The State shall also make copies of the audit available for public inspection within the State. SEC. 6. INAPPLICABILITY OF SINGLE STATE AGENCY REQUIREMENTS UNDER OTHER ACTS. Notwithstanding any other provision of the Social Security Act or of the Food Stamp Act of 1977, a State plan approved under part A of title IV of the Social Security Act, under title XIX of such Act, or a State plan of operation required by section 11(d) of the Food Stamp Act of 1977, shall not be regarded as failing to comply with applicable requirements under such provisions solely because the agency administering the grant provided under this Act is not the same State agency otherwise responsible for the administration of such State plan. SEC. 7. CONFORMING AMENDMENTS. (a) AFDC.--Section 403(a)(3) of the Social Security Act (42 U.S.C. 603(a)(3)) is amended by striking ``plan--'' and inserting ``plan (except to the extent that payment is made to the State for expenditures under this part during quarters in the fiscal year under the Combined Welfare Administration Act of 1993)--''. (b) Medicaid.--Section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is amended by striking ``(3)'' and inserting ``(3) except to the extent that payment is made to the State for expenditures under this title during quarters in the fiscal year under the Combined Welfare Administration Act of 1993,''. (c) Food Stamp Program.--Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by adding at the end the following new subsection: ``(j) Payments to a State under this section for quarters in a fiscal year shall be reduced to the extent that payment is made to the State for activities under this Act during quarters in the fiscal year under the Combined Welfare Administration Act of 1993.''. SEC. 8. DEFINITIONS. In this Act-- (1) except as otherwise provided, the term ``Secretary'' means the Secretary of Health and Human Services; and (2) the term ``State'' means each of the several States and the District of Columbia. SEC. 9. EFFECTIVE DATE. This Act shall apply to payments to States under part B of title IV of the Social Security Act, title XIX of the Social Security Act, and the Food Stamp Act of 1977 for quarters in fiscal years beginning after fiscal year 1993.

Combined Welfare Administration Act of 1993 - Authorizes the Secretary of Health and Human Services to make a combined grant to States for administrative costs necessary to carry out the Aid to Families with Dependent Children program under part A of title IV of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, and the Food Stamp program. Eliminates enhanced Federal payments for State administrative activities under such programs. Provides for allotment and payment of funds under such grant program, as well as State reports on the intended use of such allotments. Sets forth audit requirements.

Combined Welfare Administration Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Funds for Cyber Coordination with Russia Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Purpose. Sec. 4. Findings. Sec. 5. Funding prohibition. Sec. 6. Sense of Congress. Sec. 7. Termination. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Rules and Administration, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on House Administration, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cybersecurity.--The term ``cybersecurity'' means the protection or defense of cyberspace from cyberattacks. (3) Cybersecurity unit.--The term ``cybersecurity unit'' means any organization or entity established for the purpose of cybersecurity. (4) Cyberspace.--The term ``cyberspace'' means the global domain within the information environment consisting of the interdependent network of information systems infrastructures (including the Internet, telecommunications networks, computer systems, and embedded processors and controllers). (5) Significant activities undermining cybersecurity.--The term ``significant activities undermining cybersecurity'' includes-- (A) significant efforts-- (i) to deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or (ii) to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for purposes of-- (I) conducting influence operations; or (II) causing a significant misappropriation of funds, economic resources, trade secrets, personal identifications, or financial information for commercial or competitive advantage or private financial gain; (B) significant destructive malware attacks; and (C) significant denial of service activities. SEC. 3. PURPOSE. The purpose of this Act is to protect United States cybersecurity and critical infrastructure by preventing the President from establishing a cybersecurity unit in coordination with the Government of the Russian Federation, a known foreign adversary. SEC. 4. FINDINGS. Congress makes the following findings: (1) On January 6, 2017, an assessment of the United States intelligence community entitled, ``Assessing Russian Activities and Intentions in Recent U.S. Elections'' concluded, ``Russian efforts to influence the 2016 US presidential election represent the most recent expression of Moscow's longstanding desire to undermine the US-led liberal democratic order, but these activities demonstrated a significant escalation in directness, level of activity, and scope of effort compared to previous operations.''. The report concluded with high confidence, ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election. Russia's goals were to undermine public faith in the US democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump.''. (2) On December 29, 2016, President Barack Obama issued Executive Order 13757, ``Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber- Enabled Activities''. Executive Order 13757 amended Executive Order 13694, ``Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities''. E.O. 13694 authorized sanctions on ``individuals and entities determined to be responsible for or complicit in malicious cyber-enabled activities that result in enumerated harms that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States''. E.O. 13757 expanded executive authority to allow for the imposition of sanctions against ``individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions''. (3) The Government of the Russian Federation has repeatedly launched cyber-attacks against United States agencies, including the Department of State in November 2014, the Department of Defense in 2015, and the White House computer networks in 2014. (4) On March 15, 2017, the Department of Justice charged Russian Federal Security Service (FSB) officers and criminal coconspirators for hacking Yahoo and the email accounts of millions of United States citizens. (5) On May 8, 2017, former Director of National Intelligence James Clapper testified before the Committee on the Judiciary of the Senate, ``Russia's influence activities in the run-up to the 2016 election constituted the high water mark of their long running efforts since the 1960s to disrupt and influence our elections. They must be congratulating themselves for having exceeded their wildest expectations with a minimal expenditure of resource. And I believe they are now emboldened to continue such activities in the future both here and around the world, and to do so even more intensely. If there has ever been a clarion call for vigilance and action against a threat to the very foundation of our democratic political system, this episode is it.''. (6) On June 7, 2017, former Director of the Federal Bureau of Investigation James Comey testified before the Select Committee on Intelligence of the Senate that the Government of the Russian Federation, ``using technical intrusion, lots of other methods, tried to shape the way we think, we vote, we act. That is a big deal. And people need to recognize it. It's not about Republicans or Democrats. They're coming after America, which I hope we all love equally. They want to undermine our credibility in the face of the world. They think that this great experiment of ours is a threat to them, and so they're going to try to run it down and dirty it up as much as possible.''. (7) On July 9, 2017, President Donald Trump stated, ``I strongly pressed President Putin twice about Russian meddling in our election. He vehemently denied it . . . now it is time to move forward in working constructively with Russia! Putin & I discussed forming an impenetrable Cyber Security unit so that election hacking, & many other negative things, will be guarded''. SEC. 5. FUNDING PROHIBITION. No Federal funds may be used to establish a cybersecurity unit, or any variation thereof, in cooperation or connection with the Government of the Russian Federation. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should publicly endorse the assessment of the United States Armed Forces and the intelligence community that the Government of the Russian Federation interfered in the 2016 election and take appropriate measures to deter such activities in the future; (2) the President must not use taxpayer funds to engage in cyber coordination with the Government of the Russian Federation, a foreign adversary; and (3) the President should work with Congress to establish a non-partisan, independent commission of experts to determine, examine, and report on the facts regarding the extent of Russian official and unofficial cyber operations and other attempts to interfere in the 2016 United States national election. SEC. 7. TERMINATION. The prohibitions under this Act shall terminate on the date the President submits to the appropriate congressional committees a written certification that the Government of the Russian Federation has-- (1) ceased ordering, controlling, or otherwise directing, supporting, or financing acts intended to undermine democracies around the world; and (2) submitted a written statement acknowledging interference in the 2016 United States Presidential election.

No Funds for Cyber Coordination with Russia Act of 2017 This bill prohibits federal funds from being used to establish a cyber security unit in cooperation with the government of the Russian Federation. It is the sense of Congress that the President: (1) should publicly endorse the assessment of the Armed Forces and the intelligence community that the Russian government interfered in the 2016 election and take measures to deter such future activities; (2) must not use taxpayer funds to engage in cyber coordination with the Russian government, a foreign adversary; and (3) should work with Congress to establish a non-partisan commission of experts to report on Russian cyber operations and other attempts to interfere in the 2016 election.

No Funds for Cyber Coordination with Russia Act of 2017

SECTION 1. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT. (a) Extension.--Paragraph (3) of section 30B(k) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2009'' and inserting ``December 31, 2014''. (b) Qualified Incremental Hybrid Cost.--Clause (iii) of section 30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``does not exceed--'' and all that follows and inserting the following: ``does not exceed-- ``(I) $15,000, if such vehicle has a gross vehicle weight rating of not more than 14,000 pounds; ``(II) $30,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds; ``(III) $60,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds but not more than 33,000 pounds; and ``(IV) $100,000, if such vehicle has a gross vehicle weight rating more than 33,000 pounds.''. (c) Applicable Percentage for Heavy Trucks Achieving 20 Percent Increase in City Fuel Economy.--Clause (ii) of section 30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (I), (II), and (III) as subclauses (II), (III), and (IV), respectively, and by inserting before subclause (II) (as so redesignated) the following new subclause: ``(I) 10 percent in the case of a vehicle to which clause (iii)(IV) applies if such vehicle achieves an increase in city fuel economy relative to a comparable vehicle of at least 20 percent but less than 30 percent.''. (d) Dollar Limitation.--Subparagraph (B) of section 30B(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(vi) Limitation.--The amount allowed as a credit under subsection (a)(3) with respect to a vehicle by reason of clause (i) of this subparagraph shall not exceed $24,000.''. (e) Heavy Electric Vehicles.--Paragraph (3) of section 30B(d) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Heavy electric vehicles.--In the case of a vehicle with a gross vehicle weight rating of not less than 8,500 pounds, the term `new qualified hybrid motor vehicle' includes a motor vehicle-- ``(i) which draws propulsion energy exclusively from a rechargeable energy storage system; and ``(ii) which meets the requirements of clauses (iii), (v), (vi), and (vii) of subparagraph (A).''. (f) Credits May Be Transferred.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Transferability of credit.-- ``(A) In general.--A taxpayer who places in service any vehicle may transfer the credit allowed under this subsection with respect to such vehicle through an assignment to the seller of such vehicle. Such transfer may be revoked only with the consent of the Secretary. ``(B) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under subparagraph (A) is claimed once and not reassigned by such other person.''. (g) Effective Date.--The amendments made by this section shall apply to vehicles acquired after December 31, 2009. SEC. 2. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) In General.--Paragraph (2) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking ``2010'' and inserting ``2013''. (b) Extension of Increased Credit.--Paragraph (6) of section 30C(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``2011'' and inserting ``2014''; and (2) by striking ``2009 and 2010'' in the heading and inserting ``2009 through 2013''. (c) Definition of Alternative Fuel Vehicle Refueling Property in the Case of Electricity.--Subparagraph (B) of section 179A(d)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) for the recharging of motor vehicles propelled by electricity, including electrical panel upgrades, wiring, conduit, trenching, pedestals, and related equipment.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. TAX CREDIT FOR ELECTRIFICATION TECHNOLOGIES TO REDUCE TRUCK IDLING. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. IDLING REDUCTION CREDIT. ``(a) General Rule.--For purposes of section 38, the idling reduction tax credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid or incurred for the purchase and installation of each qualifying idling reduction device or qualifying idle reduction infrastructure placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The maximum amount allowed as a credit under subsection (a) shall not exceed $3,500 per device or per qualifying infrastructure. ``(c) Definitions.--For purposes of subsection (a)-- ``(1) Qualifying idling reduction device.--The term `qualifying idling reduction device' means any device or system of devices which-- ``(A) is installed on a heavy-duty diesel powered on-highway vehicle; ``(B) is designed to provide to such vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary using either-- ``(i) an all electric unit, such as a battery powered unit or from grid-supplied electricity; or ``(ii) a dual fuel unit powered by diesel or other fuels, and capable of providing such services from grid-supplied electricity or on- truck batteries alone; ``(C) the original use of which commences with the taxpayer; ``(D) is acquired for use by the taxpayer; and ``(E) is certified by the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, to reduce long-duration idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporarily parked or remain stationary. ``(2) Heavy-duty diesel-powered on-highway vehicle.--The term `heavy-duty diesel-powered on-highway vehicle' means any vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration. ``(3) Long duration idling.--The term `long duration idling' means the operation of a main drive engine, for a period greater than 15 consecutive minutes, where the main drive engine is not engaged in gear. Such term does not apply to routine stoppages associated with traffic movement or congestion. ``(4) Qualifying idle reduction infrastructure.--The term `qualifying idle reduction infrastructure' means off-truck equipment-- ``(A) which is to be used exclusively with respect to vehicles with a gross vehicle weight rating of 14,000 pounds or greater; and ``(B) which either-- ``(i) is used to supply electric power, including electric receptacles, boxes, wiring, conduit, and other connections to one truck space; or ``(ii) directly provides air conditioning, heating, electric power, and other connections and services to one truck space. ``(d) No Double Benefit.--For purposes of this section-- ``(1) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (a), the basis of such property shall be reduced by the amount of the credit so determined. ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(e) Election Not To Claim Credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(f) Termination.--This section shall not apply to any property placed in service after December 31, 2013.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the idling reduction tax credit determined under section 45R(a).''. (c) Conforming Amendments.-- (1) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45P the following new item: ``Sec. 45R. Idling reduction credit.''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following: ``(38) in the case of a facility with respect to which a credit was allowed under section 45R, to the extent provided in section 45R(d)(1).''. (3) Section 6501(m) of such Code is amended by inserting ``45R(e),'' after ``45H(g),''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. (e) Determination of Certification Standards by Secretary of Energy for Certifying Idling Reduction Devices.--Not later than 6 months after the date of the enactment of this Act and in order to reduce air pollution and fuel consumption, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall publish the standards under which the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, will, for purposes of section 45R of the Internal Revenue Code of 1986 (as added by this section), certify the idling reduction devices and idling reduction infrastructure which will reduce long duration idling of vehicles at motor vehicle rest stops or other locations where such vehicles are temporarily parked or remain stationary in order to reduce air pollution and fuel consumption.

Amends the Internal Revenue Code to: (1) increase and extend through 2014 the tax credit for new qualified hybrid motor vehicles; (2) allow such credit for certain fuel-efficient heavy trucks and heavy electric vehicles; (3) extend through 2013 tax credits for alternative fuel vehicle refueling property expenditures; (4) expand the definition of refueling property for electric motor vehicles to include panel upgrades, wiring, conduit, trenching, pedestals, and related equipment; and (5) allow a new tax credit, through 2013, for 50% of the cost, up to $3,500, for electric idling reduction devices installed on heavy-duty diesel powered on-highway vehicles. Directs the Secretary of Energy to publish standards for certifying idling reduction devices.

A bill to amend the Internal Revenue Code of 1986 to extend and modify the credit for new qualified hybrid motor vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection Home Inspection Counseling Act of 2007''. SEC. 2. PROGRAM TO TRAIN COUNSELORS TO PROVIDE CONSUMERS WITH VOLUNTARY HOME INSPECTION COUNSELING. (a) Establishment.--The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall establish a comprehensive program to train staff of the Department, contractors, individuals, and entities that provide housing counseling under programs authorized, certified, or funded under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) to also provide counseling to consumers on voluntary home inspection. The training program shall include development of a training module to train counselors as well as counseling aids to be used by housing counselors and suitable for distribution to consumers. The training materials shall be written in plain language and shall be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. (b) Content.--At a minimum, the home inspection counseling program established under this section, and the training module and counseling aids developed under this section, shall convey the following information: (1) That a home inspection in connection with purchase of a home is voluntary, but not mandatory. (2) That the Department of Housing and Urban Development recommends that homebuyers obtain a voluntary home inspection. (3) That a home inspection is not required in the case of an FHA loan insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) and that a home inspection is not performed by FHA. (4) That in most cases, no home inspection will be performed unless the homebuyer requests one. (5) That it is the burden of the homebuyer to arrange for a home inspection if one is requested. (6) That an appraisal is not equivalent to a home inspection. (7) That the homebuyer may be able to make the purchase of a home contingent on the outcome of a home inspection if the seller agrees to such a contingency in the sales contract. (8) That if the homebuyer chooses to obtain a home inspection, it is generally to the homebuyer's benefit to do so as early as possible. (9) That the homebuyer should consider requesting a voluntary home inspection. (c) Mandatory HUD Form.--Individuals and entities that provide housing counseling under programs authorized, certified, or funded under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) shall be instructed to present and explain in person at a counseling session, to each homebuyer who is receiving such counseling, a copy of HUD Form 92564-CN, ``For Your Protection: Get a Home Inspection''. (d) Additional Guidance Materials.--The Secretary shall develop, in consultation with national professional home inspector associations, additional guidance materials to educate housing counselors on how to advise consumers how to locate, interview, and select a professional home inspector, and on how consumers may independently locate, interview, and select a professional home inspector. The Secretary shall require that these materials be made available to counselors providing housing counseling under the programs referred to in subsection (c). SEC. 3. CERTIFICATION OF COUNSELORS. (a) Protocol.--The Secretary shall, in the discretion of the Secretary, develop a new independent protocol, or amend existing protocols, to certify that housing counselors whose activities are authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to section 2 of this Act. (b) Standards for Materials and Forms.--The Secretary shall establish standards and requirements for voluntary home inspection counseling materials and forms to be used, as appropriate, by organizations providing voluntary home inspection counseling. Such standards shall conform with the content requirements under section 2(b) of this Act. SEC. 4. HOME INSPECTION COUNSELING REQUIREMENTS. Each person providing counseling for a housing counseling entity authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) shall be trained through the voluntary home inspection training module established pursuant to section 2(a)of this Act and shall distribute the counseling aids to be developed under such section. Any homeownership counseling program required under, or provided in connection with, any program administered by the Department of Housing and Urban Development shall be provided only by organizations or counselors certified by the Secretary pursuant to this Act as competent to provide voluntary home inspection counseling. The Secretary may withhold, withdraw, or suspend housing counseling certifications for any housing counselor or counseling entity that fails to meet the requirements of this Act. SEC. 5. PUBLIC OUTREACH. (a) In General.--The Secretary shall take such actions as may be necessary to make the existence of the training module and counseling aids developed under section 2 known to State and local governments, nonprofit organizations, consumer organizations, and the general public. The Secretary shall further make the materials generally available for electronic access, including the World Wide Web, and via other means. Such public outreach activities shall include-- (1) the development of a one page, plain-language statement in conspicuous 16-point type or larger, rendered at least in both English and Spanish versions; (2) the development and distribution of national multimedia public service announcements to be made available to print, broadcast, electronic, and web-based media outlets; (3) the development of an advisory statement to mortgage lenders advising them to provide notice of the availability of home inspection counseling at time of mortgage application; and (4) the establishment, operation, and publication by the Department of Housing and Urban Development of a toll-free telephone number to receive requests for information on home inspection counseling. (b) Targets.--The public outreach carried out under this section shall be designed to reach real estate professionals, State and local housing counseling authorities, nonprofit housing organizations, employers who engage in employer-assisted housing programs, community- based organizations with expertise in the field of housing counseling, and high school guidance counselors. (c) Emphasis on Vulnerable Populations.--In carrying out public outreach under this section, the Secretary shall place special emphasis on reaching vulnerable populations, including first-time and low-income homebuyers. SEC. 6. REPORT. Not later than the expiration of the 12-month period beginning upon the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the actions that have been undertaken to comply with this Act, disclosing the actions that are required under this Act but have not at such time been addressed, assessing the results of this Act that have been achieved at such time, identifying areas for improvement in the implementation of the Act, and making recommendations to enhance implementation of this Act.

Consumer Protection Home Inspection Counseling Act of 2007 - Requires the Secretary of Housing and Urban Development (HUD) to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires the Secretary to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to this Act. Limits authorized counseling to certified counselors. Directs the Secretary to take necessary action to make such training module and counseling aids known to state and local governments, nonprofit organizations, consumer organizations, and the general public.

To establish programs to provide counseling to homebuyers regarding voluntary home inspections and to train counselors to provide such counseling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Prevention for American Veterans Act''. SEC. 2. EXTENSION OF ELIGIBILITY FOR DOMICILIARY CARE FOR CERTAIN VETERANS WHO SERVED IN A THEATER OF COMBAT OPERATIONS. Section 1710(e)(3)(A) of title 38, United States Code, is amended by striking ``period of five years'' and inserting ``period of 15 years''. SEC. 3. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE FROM THE ARMED FORCES OF INDIVIDUALS WITH MENTAL HEALTH DISORDERS ALLEGED TO AFFECT TERMS OF DISCHARGE. (a) In General.--The Secretaries of the military departments shall each provide for a process by which a covered individual may challenge the terms or characterization of the individual's discharge or separation from the Armed Forces. (b) Covered Individuals.--For purposes of this section, a covered individual is any individual as follows: (1) An individual who was discharged or separated from the Armed Forces for a personality disorder. (2) An individual who-- (A) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions; and (B) who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. (c) Discharge of Process Through Boards of Corrections of Records.--The Secretary of a military department shall carry out the process required by subsection (a) through boards for the correction of military records of the military department concerned. (d) Considerations on Modification of Terms of Discharge or Separation.--In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by subsection (a), the Secretary of the military department concerned shall instruct boards to give due consideration to any mental health injury or disorder determined to have been incurred or aggravated by the individual during service in the Armed Forces and to what bearing such injury or disorder may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. SEC. 4. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE. (a) Evaluations of Mental Health Care and Suicide Prevention Programs.-- (1) In general.--Not less frequently than once each year, the Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements.--Each evaluation conducted under paragraph (1) shall-- (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary concerned; and (C) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party.--Each evaluation conducted under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (b) Training of Providers.-- (1) In general.--The Secretary concerned shall train all providers of health care under the laws administered by such Secretary on the following: (A) Recognizing if an individual is at risk of suicide. (B) Treating or referring for treatment an individual who is at risk of suicide. (C) Recognizing the symptoms of posttraumatic stress disorder. (2) Dissemination of best practices.--The Secretary concerned shall ensure that best practices for identifying individuals at risk of suicide and providing quality mental health care are disseminated to providers of health care under the laws administered by such Secretary. (c) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (2) the Secretary of Defense with respect to matters concerning the Department of Defense. SEC. 5. COLLABORATION BETWEEN DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE ON HEALTH CARE MATTERS. (a) Timeline for Implementing Interoperable Electronic Health Records.-- (1) In general.--Section 1635 of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by adding at the end the following new subsection: ``(k) Timeline.--In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that-- ``(1) the creation of a health data authoritative source by the Department of Defense and the Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; ``(2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the `Blue Button Initiative') is achieved not later than 180 days after the date of the enactment of this subsection; ``(3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; ``(4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; ``(5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and ``(6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015.''. (2) Conforming amendments.--Section 1635 of such Act is further amended-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``In accordance with the timeline described in subsection (k), the Secretary''; and (B) in the matter preceding paragraph (1) of subsection (e), by inserting ``in accordance with subsection (k)'' after ``under this section''. (b) Establishment of Uniform Prescription Formulary.--The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a uniform prescription formulary for use in prescribing medication under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. SEC. 6. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance education relating to psychiatric medicine, including education leading to-- (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) A school. (D) Any other authorized entity as determined by the Secretary. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary. (e) Loan Repayments.-- (1) Amounts.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $60,000 in loan repayment on behalf of such individual. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report.-- (1) In general.--Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) The long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 7. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities. (B) Recommendations for legislative or regulatory action to improve equity in pay among such psychiatrists. (b) Report.--Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the results of the study.

Suicide Prevention for American Veterans Act - Extends from 5 to 15 years the period of eligibility for hospital care, medical services, and nursing home care for veterans who served on active duty in a theater of combat operations after the Persian Gulf War or against a hostile force during a period of hostilities after November 11, 1998. Requires the Secretaries of the military departments to provide a process by which a covered individual may challenge the terms or characterization of his or her discharge or separation from the Armed Forces. Defines "covered individual" as any individual who: (1) was discharged or separated from the Armed Forces for a personality disorder; or (2) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions, and who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. Requires the Secretary of Defense (DOD) and the Secretary of Veteran Affairs (VA) to: (1) conduct an evaluation of mental health care and suicide prevention programs carried out in DOD and VA; (2) train all providers of health care in such Departments on recognizing the risk of suicide, treating or referring for treatment an individual who is at risk of suicide, and recognizing the symptoms of posttraumatic stress disorder; and (3) ensure that best practices for identifying individuals at risk of suicide and for providing quality mental health care are disseminated to providers of health care in such Departments. Amends the Wounded Warrior Act to require the DOD Secretary and the VA Secretary, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Departments of Defense and Veterans Affairs, to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Directs the VA Secretary to carry out a three-year pilot program to repay the educational loans of individuals who: (1) are licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration or are enrolled in the final year of an accredited residency program in psychiatric medicine, and (2) demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration. Directs the Comptroller General (GAO) to study and report on pay disparities among psychiatrists of the Veterans Health Administration.

Suicide Prevention for American Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America Scholarships Act of 2003''. SEC. 2. GRANTS AUTHORIZED. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Homeland Security Scholarships ``SEC. 420K. PURPOSES. ``The purposes of this subpart are-- ``(1) to recruit talented young people to professions that are needed to ensure the Nation's homeland security; and ``(2) to make college education more affordable. ``SEC. 420L. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means a partnership between-- ``(A) an institution of higher education (or consortium of such institutions); and ``(B) a qualified employer (or consortium of such employers). ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A)(i) is enrolled as a full- or part-time student at an institution of higher education with a qualified academic major or program; or ``(ii) has been accepted for enrollment at an institution of higher education and intends to major in a qualified academic major or program; ``(B) submits an application for a scholarship under this subpart; and ``(C) submits a written contract, prior to receiving assistance, accepting payment of a scholarship in exchange for providing qualified service. ``(3) Qualified academic major or program.-- ``(A) In general.--The term `qualified academic major or program' means an academic major or program of study designated by the Secretary for each State in an annual notice in the Federal Register that-- ``(i) prepares students in such majors or programs for a career that-- ``(I) is primarily related to homeland security; ``(II) requires specialized expertise; and ``(III) suffers from a critical shortage of qualified personnel; and ``(ii) is a-- ``(I) national priority, as determined by the Secretary in consultation with the Secretary of Homeland Security; or ``(II) State priority, as determined by the chief executive officer in the State in which the student seeking a scholarship under this subpart-- ``(aa) graduated from secondary school; or ``(bb) is enrolled at an institution of higher education. ``(B) Continuation of qualification.--An academic major or program of study designated by the Secretary under subparagraph (A) shall continue to be considered a qualified academic major or program for a student if such academic major or program of study was a qualified academic major or program at the time such student commenced study of such major or program of study. ``(4) Qualified employer.--The term `qualified employer' means-- ``(A) a nonprofit organization; or ``(B) a public agency. ``(5) Qualified service.-- ``(A) In general.--The term `qualified service' means full-time employment with the qualified employer of the eligible entity that awarded the eligible student a scholarship or with another qualified employer (consistent with the guidelines issued by the Secretary pursuant to subparagraph (B)), for a period of 2 years for the first year of a scholarship award and an additional 1 year for each additional year of a scholarship award, in a position that-- ``(i) is primarily related to homeland security; ``(ii) requires specialized expertise related to the qualified academic major or program of the eligible student; and ``(iii) suffers from a critical lack of qualified personnel. ``(B) Service with different employer.--The Secretary shall issue guidelines describing when employment may be completed with a qualified employer who is not the qualified employer of the eligible entity that awarded the eligible student a scholarship. ``SEC. 420M. GRANTS TO ELIGIBLE ENTITIES. ``(a) In General.--From funds appropriated under section 420O, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to award scholarships to eligible students in exchange for qualified service from such students. ``(b) Application.--An eligible entity that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Grant Funds.-- ``(1) Scholarship awards.--An eligible entity that receives a grant under this subpart shall award scholarships to eligible students in exchange for qualified service from such students. ``(2) Application form.--An eligible entity that receives a grant under this subpart shall create an application form for a student desiring to receive a scholarship under this subpart, and include in such form a summary of the rights and liabilities of a student whose application is approved (and whose contract is accepted) by the eligible entity. ``(3) Contract.-- ``(A) In general.--An eligible entity that receives a grant under this subpart shall prepare a written contract that shall be provided to a student desiring to receive a scholarship under this subpart at the time that an application is provided to such student. ``(B) Content.--The contract described in subparagraph (A) shall be an agreement between the eligible entity and student that states that, subject to subparagraph (C)-- ``(i) the eligible entity agrees to provide the student with a scholarship, that may be renewed in each year of study at the institution of higher education for a total of not more than 4 years; and ``(ii) the student agrees to-- ``(I)(aa) accept provision of such a scholarship to the student; ``(bb) maintain enrollment in the qualified academic major or program until the student completes the course of study at the institution of higher education; ``(cc) while enrolled in such qualified academic major or program, maintain an acceptable level of academic standing (as determined by the institution of higher education); and ``(dd) provide qualified service; and ``(II) repay the scholarship under the terms of this subpart if the student fails to comply with the requirements of subclause (I). ``(C) Limitation.--The contract described in subparagraph (A) shall contain a provision that any financial obligation of the United States arising out of a contract entered into under this subpart and any obligation of the student which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this subpart. ``(4) Information on scholarship recipients.--An eligible entity that receives a grant under this subpart shall submit a report to the Secretary at the time a scholarship award is provided to an eligible student identifying-- ``(A) such student's name, date of birth, and social security number; and ``(B) the amount of such scholarship. ``(d) Matching Funds.--An eligible entity receiving Federal assistance under this subpart shall contribute non-Federal matching funds in an amount equal to 50 percent of the amount of Federal assistance. ``(e) Duration of Grant.--Grants awarded under this subpart shall be for a term of 5 years. ``SEC. 420N. SCHOLARSHIPS. ``(a) Submission of Application and Written Contract.--A student that desires to receive a scholarship under this subpart shall submit an application and written contract to an eligible entity at such time, in such manner, and containing such information as the eligible entity may require. ``(b) Payment.-- ``(1) In general.--Subject to paragraph (2), a scholarship provided to an eligible student under this subpart for a school year shall consist of payment to, or (in accordance with paragraph (3)) on behalf of, the eligible student of the amount of the tuition and fees, described in section 472(1), of the eligible student in such school year. ``(2) Maximum scholarship amount.--A scholarship awarded under this subpart during fiscal year 2004 shall not exceed $10,000. The Secretary shall determine the maximum scholarship amount for each succeeding fiscal year after adjusting for inflation. ``(3) Contract.--The Secretary may contract with an institution of higher education, in which an eligible student is enrolled, for the payment to the institution of higher education of the amounts of tuition and fees described in paragraph (1). ``(c) Verification of Qualified Service.-- ``(1) Documentation.---- ``(A) From eligible student.--An eligible student that receives a scholarship under this subpart shall submit documentation to the eligible entity that awarded the student the scholarship, under standards and procedures determined by the eligible entity, verifying that the student has completed such student's qualified service. ``(B) From eligible entity.--An eligible entity that receives a grant under this subpart shall submit documentation to the Secretary by a date specified by the Secretary and under standards and procedures determined by the Secretary, verifying that each eligible student awarded a scholarship under this subpart has completed such student's qualified service. ``(2) Role of secretary.--If the Secretary does not receive satisfactory documentation under paragraph (1)(B) by the date specified by the Secretary, then the Secretary shall collect the scholarship amount determined under paragraph (3) as a loan under the terms and conditions for repayment of loans under part B (including provisions under such part that provide for loan repayment over time). ``(3) Breach of agreement.--Subject to paragraph (4), if an eligible student receives a scholarship under this subpart and agrees to provide qualified service in consideration for receipt of the scholarship, the eligible student is liable to the Federal Government for the amount of such award, for interest on such amount at the rate applicable at the time of noncompliance for Stafford loans under section 427A, and for reasonable collections costs, if the eligible student fails to submit the documentation required under paragraph (1)(A). ``(4) Waiver or suspension of liability.--The Secretary shall waive liability under paragraph (3) if-- ``(A) the student subsequently demonstrates that such student has provided qualified service; ``(B) the student suffers death or permanent and total disability; ``(C) the student is unable to complete the program in which such student was enrolled due to the closure of the institution of higher education; or ``(D) the Secretary determines that compliance by the student with the agreement involved is impossible or would involve extreme hardship to such student. ``(5) Amounts to remain available.--Any amounts collected by the Secretary under this subsection shall remain available for grant awards under this subpart. ``(d) Tax-Free.--The amount of any scholarship that is received under this subpart shall not, consistent with section 108(f) of the Internal Revenue Code of 1986, be treated as gross income for Federal income tax purposes. ``SEC. 420O. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart-- ``(1) $50,000,000 for fiscal year 2004; ``(2) $100,000,000 for fiscal year 2005; ``(3) $150,000,000 for fiscal year 2006; and ``(4) such sums as may be necessary for each of fiscal years 2007 and 2008.''.

Protect America Scholarships Act of 2003 - Amends the Higher Education Act of 1965 to provide grants for homeland security scholarships.Directs the Secretary of Education to award competitive grants to partnerships of institutions of higher education and qualified employers (nonprofit organizations or public agencies) to enable such partnerships to award scholarships to students who are in qualified academic majors or programs relating to homeland security, in exchange for such students' later performing full-time qualified homeland security service with such employers.

A bill to amend title IV of the Higher Education Act of 1965 to provide grants for homeland security scholarships.

SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE OATH OF ALLEGIANCE. (a) Naturalization Authority.--Section 310(b) of the Immigration and Nationality Act (8 U.S.C. 1421(b)) is amended-- (1) in the subsection heading, by striking ``Court Authority'' and inserting ``Authority''; (2) in paragraph (1)(A)-- (A) by inserting ``, by a Member of, or Delegate or Resident Commissioner to, the Congress,'' before ``or by an eligible court''; and (B) by adding at the end the following: ``A Senator shall have the authority to administer such oath of allegiance only to individuals who reside in the State the Senator represents. In the case of a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, the Member shall have the authority to administer such oath of allegiance only to individuals who reside in the congressional district the Member represents.''; (3) in paragraph (1), by adding at the end the following: ``(C) Limitations on congressional authority.-- ``(i) Extent of authority.--The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress is limited solely to the administration of the oath of allegiance under section 337(a). ``(ii) Period before elections.--A Member of, or Delegate or Resident Commissioner to, the Congress may not administer the oath of allegiance under section 337(a) during the 90- day period which ends on the date of any election for Federal, State, or local office in which the Member, Delegate, or Resident Commissioner is a candidate. ``(iii) Time and place of ceremony.--A Member of, or Delegate or Resident Commissioner to, the Congress shall administer the oath of allegiance under section 337(a) only at such times and places as the Secretary of Homeland Security may designate.''; (4) in paragraph (2)(A), in the matter preceding clause (i), by inserting ``or a Member of, or Delegate or Resident Commissioner to, the Congress'' after ``a court''; (5) in paragraph (2)(A)(i), by inserting ``or subject to paragraph (1)(C)(ii), the Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the court''; (6) in paragraph (2)(A)(ii)(I), by inserting ``or the Member of, or Delegate or Resident Commissioner to, the Congress'' before ``such information''; (7) in paragraph (2)(A)(ii)(II), by inserting ``or the Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the court''; and (8) in paragraph (3)(B)-- (A) in the subparagraph heading, by striking ``Authority of attorney general'' and inserting ``Timing of exclusive authority''; (B) by inserting ``neither'' after ``Subject to subparagraph (C),''; (C) by inserting ``nor a Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the Attorney General''; and (D) by striking ``shall not administer'' and inserting ``shall administer''. (b) Oath of Renunciation and Allegiance.--Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended-- (1) in the first sentence of subsection (a), by inserting ``, the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides, a Senator who represents the State in which the individual resides,'' before ``or a court with jurisdiction''; (2) in the first sentence of subsection (c)-- (A) by inserting ``(except to the extent that such section limits the authority of a Member of, or Delegate or Resident Commissioner to, the Congress)'' after ``Notwithstanding section 310(b)''; and (B) by inserting ``, oath administration by the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides or a Senator who represents the State in which the individual resides,'' after ``expedited judicial oath administration ceremony''; (3) in the third sentence of subsection (c), by inserting ``or oath administration by the Member of, or Delegate or Resident Commissioner to, the Congress'' before the period; and (4) in subsection (c), by adding at the end the following: ``The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress shall be subject to section 310(b).''. (c) Certificate of Naturalization; Contents.--Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449) is amended by inserting ``, Member of, or Delegate or Resident Commissioner to, the Congress,'' after ``location of the official''. (d) Functions and Duties of Clerks and Records of Declarations of Intention and Applications for Naturalization.--Section 339 of the Immigration and Nationality Act (8 U.S.C. 1450) is amended by adding at the end the following: ``(c) In the case of an oath administration by a Member of, or Delegate or Resident Commissioner to, the Congress, the functions and duties of clerks of courts described in this section shall be undertaken by the Secretary of Homeland Security.''. SEC. 2. REGULATORY AUTHORITY. Not later than the date that is 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations implementing the amendments made by this Act. SEC. 3. CLERICAL AMENDMENT. (a) In General.--Each of sections 310, 337, 338, and 339 of the Immigration and Nationality Act (8 U.S.C. 1421, 1448, 1449, and 1450) is amended by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. (b) Exception.--The amendment made by this section shall not affect the authority of any officer or employee of the Executive Office of Immigration Review (including immigration judges (as defined in section 101(b)(4) of the Immigration and Nationality Act)) to administer the oath of allegiance under section 337(a).

Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member). Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state; and (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district. Limits the Member's authority solely to the administration of such oath. Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate. Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security. Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority.

To permit Members of Congress to administer the oath of allegiance to applicants for naturalization.

SECTION 1. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agricultural entity.--The term ``agricultural entity'' means an entity that is involved in or relates to agricultural enterprise, including an enterprise that is engaged in the business of-- (A) producing food and fiber; (B) ranching and raising of livestock; (C) aquaculture; and (D) any other farming- and agriculture-related activities. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Review of Regulatory Agenda.--The Secretary shall review each notice issued by the Administrator and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities, including-- (1) any regulatory agenda published by the Administrator under section 602 of title 5, United States Code; (2) any regulation plan or agenda published by the Administrator or the Director of the Office of Management and Budget pursuant to an Executive order, including Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and (3) any other publication issued by the Administrator or the Director of the Office of Management and Budget that may reasonably be foreseen to contain a notice of a plan by the Administrator to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. (c) Information Gathering.--For a publication item reviewed under subsection (b) that the Secretary determines may have a significant impact on a substantial number of agricultural entities, the Secretary shall-- (1) solicit from the Administrator any information the Administrator may provide to facilitate a review of the publication item; (2) acting through the Chief Economist of the Department of Agriculture, produce an economic impact statement for the publication item that contains a detailed estimate of potential costs to agricultural entities; (3) identify individuals representative of potentially affected agricultural entities for the purpose of obtaining advice and recommendations from those individuals about the potential impacts of the publication item; and (4) convene a review panel for analysis of the publication item that includes the Secretary, any full-time Federal employee of the Department of Agriculture appointed to the panel by the Secretary, and any employee of the Environmental Protection Agency or the Office of Information and Regulatory Affairs of the Office of Management and Budget that accepts an invitation from the Secretary to participate in the panel. (d) Duties of the Review Panel.--A review panel convened for a publication item under subsection (c)(4) shall-- (1) review any information or material obtained by the Secretary and prepared in connection with the publication item, including any draft proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect; (2) collect advice and recommendations from agricultural entity representatives identified by the Administrator after consultation with the Secretary; (3) compile and analyze the advice and recommendations; and (4) make recommendations to the Secretary based on the information gathered by the review panel or provided by agricultural entity representatives. (e) Comments.-- (1) In general.--Not later than 60 days after the date on which the Secretary convenes a review panel under subsection (c)(4), the Secretary shall submit to the Administrator comments on the planned or proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect for consideration and inclusion in any related administrative record, including-- (A) a report by the Secretary on the concerns of agricultural entities; (B) the findings of the review panel; (C) the findings of the Secretary, including any adopted findings of the review panel; and (D) recommendations of the Secretary. (2) Publication.--The Secretary shall publish the comments under paragraph (1) in the Federal Register and make the comments available to the public on the public Internet site of the Department of Agriculture. (f) Waivers.--The Secretary may waive initiation of the review panel under subsection (c)(4) as the Secretary determines appropriate.

Directs the Secretary of Agriculture (USDA) to review each notice issued by the Administrator of the Environmental Protection Agency (EPA) and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item. Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation.

A bill to establish a regulatory review process for rules that the Administrator of the Environmental Protection Agency plans to propose, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Whistleblower Improvement Act of 2011''. SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. (a) Exclusion of Certain Compliance Officers and Internal Reporting as a Condition of Award.--Section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6) is amended-- (1) in subsection (b), by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Internal reporting required.--In the case of a whistleblower who is an employee providing information relating to misconduct giving rise to the violation of the securities laws that was committed by his or her employer or another employee of the employer, to be eligible for an award under this section, the whistleblower, or any person obtaining reportable information from the whistleblower, shall-- ``(A) first report the information described in paragraph (1) to his or her employer before reporting such information to the Commission; and ``(B) report such information to the Commission not later than 180 days after reporting the information to the employer.''; and (2) in subsection (c)(2)-- (A) in subparagraph (C), by striking ``or'' at the end; and (B) by redesignating subparagraph (D) as subparagraph (F) and inserting after subparagraph (C) the following: ``(D) to any whistleblower who fails to first report the information described in subsection (b)(1) that is the basis for the award to his or her employer before reporting such information to the Commission, in the case where the misconduct giving rise to the violation of the securities laws was committed by such employer or an employee of the employer, unless the whistleblower alleges and the Commission determines that the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or the Commission determines in a preliminary investigation not exceeding 30 days that internal reporting was not a viable option for the whistleblower based on-- ``(i) evidence that the alleged misconduct was committed by or involved the complicity of the highest level of management; or ``(ii) other evidence of bad faith on the part of the employer; ``(E) to any whistleblower who has legal, compliance, or similar responsibilities for or on behalf of an entity and has a fiduciary or contractual obligation to investigate or respond to internal reports of misconduct or violations or to cause such entity to investigate or respond to the misconduct or violations, if the information learned by the whistleblower during the course of his or her duties was communicated to such a person with the reasonable expectation that such person would take appropriate steps to so respond; and''. (b) Elimination of Minimum Award Requirement.--Subsection (b)(1) of such section is amended-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``in an aggregate amount equal to--'' and all that follows and inserting ``an amount determined by the Commission but not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.''. (c) Exclusion of Whistleblowers Found Culpable.--Subsection (c)(2)(B) of such section is amended by inserting ``, is found civilly liable, or is otherwise determined by the Commission to have committed, facilitated, participated in, or otherwise been complicit in misconduct related to such violation'' after ``violation''. (d) Rule of Construction Relating to Other Workplace Policies.-- Subsection (h)(1) of such section is amended by adding at the end the following: ``(D) Rule of construction.--Nothing in this paragraph shall be construed as prohibiting or restricting any employer from enforcing any established employment agreements, workplace policies, or codes of conduct against a whistleblower, and any adverse action taken against a whistleblower for any violation of such agreements, policies, or codes shall not constitute retaliation for purposes of this paragraph, provided such agreements, policies, or codes are enforced consistently with respect to other employees who are not whistleblowers.''. (e) Notification to Employer.--Paragraph (2) of subsection (h) of such section is amended-- (1) in the paragraph heading, by striking ``confidentiality'' and inserting ``Notification to employer and confidentiality''; (2) by redesignating subparagraph (A) through (D) as subparagraphs (B) through (E), respectively; (3) by inserting a new subparagraph (A) as follows: ``(A) Notification of investigation.-- ``(i) Notification required.--Prior to commencing any enforcement action relating in whole or in part to any information reported to it by a whistleblower, the Commission shall notify any entity that is to be subject to such action of information received by the Commission from a whistleblower who is an employee of such entity to enable the entity to investigate the alleged misconduct and take remedial action, unless the Commission determines in the course of a preliminary investigation of the alleged misconduct, not exceeding 30 days, that such notification would jeopardize necessary investigative measures and impede the gathering of relevant facts, based on-- ``(I) evidence that the alleged misconduct was committed by or involved the complicity of the highest level management of the entity; or ``(II) other evidence of bad faith on the part of the entity. ``(ii) Good faith.--Where an entity notified under clause (i) responds in good faith, which may include conducting an investigation, reporting results of such an investigation to the Commission, and taking appropriate corrective action, the Commission shall treat the entity as having self-reported the information and its actions in response to such notification shall be evaluated in accordance with the Commission's policy statement entitled `Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934 and Statement of the Relationship of Cooperation to Agency Enforcement Decisions'.''; and (4) in the heading of subparagraph (B) (as redesignated by paragraph (3)), by striking ``in general'' and inserting ``Confidentiality''. SEC. 3. AMENDMENTS TO THE COMMODITY EXCHANGE ACT. (a) Exclusion of Certain Compliance Officers and Internal Reporting as a Condition of Award.--Section 23 of the Commodity Exchange Act (7 U.S.C. 26) is amended-- (1) in subsection (b), by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Internal reporting required.--In the case of a whistleblower who is an employee providing information relating to misconduct giving rise to the violation of the securities laws that was committed by his or her employer or another employee of the employer, to be eligible for an award under this section, the whistleblower, or any person obtaining reportable information from the whistleblower, shall-- ``(A) first reported the information described in paragraph (1) to his or her employer before reporting such information to the Commission; and ``(B) report such information to the Commission not later than 180 days after reporting the information to the employer.''; and (2) in subsection (c)(2)-- (A) in subparagraph (C), by striking ``or'' at the end; and (B) by redesignating subparagraph (D) as subparagraph (F) and inserting after subparagraph (C) the following: ``(D) to any whistleblower who fails to first report the information described in subsection (b)(1) that is the basis for the award to his or her employer before reporting such information to the Commission, in the case where the misconduct giving rise to the violation of the securities laws was committed by such employer or an employee of the employer, unless the whistleblower alleges and the Commission determines that the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or the Commission determines in a preliminary investigation not exceeding 30 days that internal reporting was not a viable option for the whistleblower based on-- ``(i) evidence that the alleged misconduct was committed by or involved the complicity of the highest level of management; or ``(ii) other evidence of bad faith on the part of the employer; ``(E) to any whistleblower who has legal, compliance, or similar responsibilities for or on behalf of an entity and has a fiduciary or contractual obligation to investigate or respond to internal reports of misconduct or violations or to cause such entity to investigate or respond to the misconduct or violations, if the information learned by the whistleblower on the course of his or her duties was communicated to such a person with the reasonable expectation that such person would take appropriate steps to so respond; and''. (b) Cap on Award in Certain Circumstances and Elimination of Minimum Award Requirement.--Subsection (b)(1) of such section is amended-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``in an aggregate amount equal to--'' and all that follows and inserting ``in an amount determined by the Commission but not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.''. (c) Exclusion of Whistleblowers Found Culpable.--Subsection (c)(2)(B) of such section is amended by inserting ``, is found civilly liable, or is otherwise determined by the Commission to have committed, facilitated, participated in, or been complicit in misconduct related to such a violation'' after ``violation''. (d) Rule of Construction Relating to Other Workplace Policies.-- Subsection (h)(1) of such section is amended by adding at the end the following: ``(D) Rule of construction.--Nothing in this paragraph shall be construed as prohibiting or restricting any employer from enforcing any established employment agreements, workplace policies, or codes of conduct against a whistleblower, and any adverse action taken against a whistleblower for any violation of such agreements, policies, or codes shall not constitute retaliation for purposes of this paragraph, provided such agreements, policies, or codes are enforced consistently with respect to other employees who are not whistleblowers.''. (e) Notification to Employer.--Paragraph (2) of subsection (h) of such section is amended-- (1) in the paragraph heading, by striking ``confidentiality'' and inserting ``Notification to employer and confidentiality''; (2) by redesignating subparagraph (A) through (D) as subparagraphs (B) through (E), respectively; (3) by inserting a new subparagraph (A) as follows: ``(A) Notification to employer.-- ``(i) Notification required.--Prior to commencing any enforcement action relating in whole or in part to any information reported to it by a whistleblower, the Commission shall promptly notify any entity that is to be subject to such enforcement of information received by the Commission from a whistleblower who is an employee of such entity to enable the entity to investigate the alleged misconduct and take remedial action, unless the Commission determines in the course of a preliminary investigation not exceeding 30 days of the alleged misconduct, that such notification would jeopardize necessary investigative measures and impede the gathering of relevant facts, based on-- ``(I) evidence that the alleged misconduct was committed by or involved the complicity of the highest level management of the entity; or ``(II) other evidence of bad faith on the part of the entity. ``(ii) Good faith.--Where an entity notified under clause (i) responds in good faith, which may include conducting an investigation, reporting results of such an investigation to the Commission, and taking appropriate corrective action, the Commission shall treat the entity as having self-reported the information and its actions in response to such notification shall be evaluated accordingly.''; and (4) in the heading of subparagraph (B) (as redesignated by paragraph (3)), by striking ``in general'' and inserting ``Confidentiality''. SEC. 4. STUDY. The Comptroller General shall conduct a study to determine what impact, if any, the whistleblower incentives program established under section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6) and section 23 of the Commodity Exchange Act (7 U.S.C. 26) has had on shareholder value. The Comptroller General shall transmit to Congress a report on the study not later than 18 months after the date of enactment of this Act.

Whistleblower Improvement Act of 2011 - Amends the Securities Exchange Act of 1934 and the Commodity Exchange Act to require a whistleblower employee, as a prerequisite to eligibility for a whistleblower award, to: (1) first report information relating to misconduct to his or her employer before reporting it to the Securities and Exchange Commission (SEC), and (2) report such information to the SEC within 180 days after reporting it to the employer. Prohibits a whistleblower award to any whistleblower who fails to report the relevant information to his or her employer first, unless: (1) the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or (2) the SEC determines that internal reporting was not a viable option. Prohibits a whistleblower award to any whistleblower who has legal or compliance responsibilities and a fiduciary or contractual obligation to investigate internal reports of misconduct or violations if the information learned by the whistleblower during the course of his or her duties was communicated with the reasonable expectation that such person would take appropriate steps to respond. Makes the whistleblower award discretionary instead of mandatory. Repeals the minimum award requirement. Prohibits an award to a whistleblower found civilly liable or determined by the SEC to have been complicit in misconduct related to the pertinent violation. Requires the SEC to notify the pertinent entity before commencing any enforcement action relating to information reported by a whistleblower, unless such notification would jeopardize investigative measures and impede the gathering of relevant facts. Directs the Comptroller General to study what impact, if any, the whistleblower incentives program has had upon shareholder value.

To amend the Securities Exchange Act of 1934 and the Commodity Exchange Act to modify certain provisions relating to whistleblower incentives and protection.

SECTION 1. CONDITIONS ON LOAN GUARANTEES ISSUED TO STEEL COMPANIES. Section 101(h) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 106-51) is amended by adding at the end the following: ``(5) Certain activities prohibited.-- ``(A) Prohibited activities.--Any qualified steel company to which a loan guarantee is issued under this section may not, during the period the guarantee is in effect-- ``(i) contribute any of the proceeds of the loan that is guaranteed to any facility located outside the United States that is engaged in the production or manufacture of any product described in subsection (c)(3)(B) of this section; or ``(ii) use any of the proceeds of the loan that is guaranteed to import ingots, slabs, or billets produced in any country if that country is subject to trade remedies with respect to any product described in subsection (c)(3)(B) of this section. ``(B) Penalties for violations.--(i) The Board shall terminate any guarantee issued under this section to a qualified steel company that violates the provisions of subparagraph (A), and shall assess a civil penalty of not more than $100,000 for each violation. ``(ii) Any civil penalty under clause (i) may be imposed only after notice and opportunity for a hearing on the record in accordance with sections 554 and 557 of title 5, United States Code. ``(C) Definitions.--In this paragraph-- ``(i) a country is subject to trade remedies with respect to any product described in subsection (c)(3)(B) of this section if-- ``(I) a countervailing duty order or an antidumping order under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or a finding under the Antidumping Act, 1921, is in effect on imports of any product described in subsection (c)(3)(B) of this section that is a product of that country; ``(II) the administering authority or the International Trade Commission is conducting an investigation or making a determination under subtitle A, B, or C of title VII of the Tariff Act of 1930 with respect to any product described in subsection (c)(3)(B) of this section that is a product of that country; ``(III) action taken by the President under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), under section 406 of that Act (19 U.S.C. 2436), under chapter 2 of title IV of that Act (19 U.S.C. 2451 et seq.), or under part 1 of subtitle A of title III of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3351 et seq.), is in effect with respect to imports of any product described in subsection (c)(3)(B) of this section that is a product of that country; ``(IV) a proceeding is pending under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), under section 406 of that Act (19 U.S.C. 2436), under chapter 2 of title IV of that Act (19 U.S.C. 2451 et seq.), or under part 1 of subtitle A of title III of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3351 et seq.), pursuant to a determination by the International Trade Commission of substantial injury that was made pursuant to the filing of a petition under section 202(a), 406(a)(1), 421(b), or 422(b) of the Trade Act of 1974, or 302(a) of the North American Free Trade Agreement Implementation Act, with respect to any product described in subsection (c)(3)(B) of this section that is a product of that country; or ``(V) a proceeding is pending under chapter 1 of title II of the Trade Act of 1974, under section 406 of that Act (19 U.S.C. 2436), or under chapter 2 of title IV of that Act, other than pursuant to a petition, with respect to any product described in subsection (c)(3)(B) of this section that is a product of that country; and ``(ii) the term `United States' includes any commonwealth, territory, or possession of the United States.''. SEC. 2. EFFECTIVE DATE. The amendment made by section 1 applies to-- (1) any loan guarantee issued on or after the date of the enactment of this Act; and (2) any loan guarantee issued before such date of enactment, but only to the extent of any proceeds of the loan remaining on such date.

Amends the Emergency Steel Loan Guarantee Act of 1999 to prohibit qualified steel companies that have been issued loan guarantees under such Act from: (1) contributing any of the proceeds of such a loan to any facility located outside the United States that is engaged in manufacture of certain steel mill products (including ingots, slabs, or billets); or (2) using any such proceeds to import ingots, slabs, or billets produced in any country subject to specified trade remedies with respect to such products. Sets forth civil penalties for violations of the requirements of this Act.

To amend the Emergency Steel Loan Guarantee Act of 1999 to prohibit steel companies receiving loan guarantees from investing the loan proceeds in foreign steel companies and using the loan proceeds to import steel products from foreign countries that are subject to certain trade remedies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There are over 600,000 surviving spouses and dependents receiving dependency and indemnity compensation (DIC) or death pensions from the Department of Veterans Affairs. (2) The Department of Veterans Affairs does not target this population for specific outreach efforts, nor does it provide program outreach coordinators designated at each regional office of the Department to assist this population and other survivors who may be eligible for benefits from the Department. (3) Approximately 1,000 veterans die daily, many survived by widows and dependents who may not be fully informed as to their eligibility for benefits under laws administered by the Secretary of Veterans Affairs. (4) There is no formal program for coordination of benefits for surviving spouses and dependents at any level within the Department of Veterans Affairs. (5) Due to insufficient outreach efforts, informational updates targeted specifically to surviving spouses and dependents are not provided. Outreach efforts to provide information concerning changes in service-connection for disabilities presumed associated with exposure to herbicides and ionizing radiation and former prisoners of war have been insufficient to adequately inform survivors of benefits to which they may now be entitled. SEC. 3. NATIONAL GOAL TO FULLY INFORM AND ASSIST SURVIVING SPOUSES AND DEPENDENTS REGARDING ELIGIBILITY FOR BENEFITS AND HEALTH CARE SERVICES. (a) National Goal.--Congress hereby declares it to be a national goal to fully inform surviving spouses and dependents regarding their eligibility for benefits and health care services under laws administered by the Secretary of Veterans Affairs. (b) Cooperative Efforts Encouraged.--Congress hereby encourages all elements within the Department of Veterans Affairs, private and public sector entities (including veterans service organizations), and veterans widows and surviving spouses organizations to work cooperatively to fully inform the surviving spouses and dependents of veterans regarding their eligibility for benefits and health care services under laws administered by the Secretary of Veterans Affairs. SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH REGIONAL OFFICE. (a) Findings.--Congress and the Department of Veterans Affairs have historically targeted certain specific populations for outreach efforts concerning benefits under laws administered by the Secretary of Veterans Affairs. Groups currently targeted for such outreach efforts and for which program outreach coordinators have been designated at each regional office of the Department of Veterans Affairs are the following: (1) Former prisoners of war. (2) Women veterans. (3) Minority veterans. (4) Active duty personnel. (5) Homeless veterans. (6) Elderly veterans. (7) Recently separated veterans. (b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b) of title 38, United States Code, is amended to read as follows: ``(2) the term `eligible dependent' means a spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service.''. (c) Improved Outreach Program.--(1) Subchapter II of chapter 77 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7727. Outreach for eligible dependents ``(a) In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed. ``(b)(1) In order to carry out subsection (a), the Secretary shall assign such employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for eligible dependents. In areas where the number of eligible dependents warrant doing so, the Secretary shall assign at least one employee in the Veterans Benefits Administration regional office to serve as a full-time coordinator of outreach programs and services for eligible dependents in that region. ``(2) Responsibilities of employees assigned to outreach functions under paragraph (1) shall include providing eligible dependents with information about benefits under laws administered by the Secretary and with assistance in claims preparation and inquiry resolution. ``(c) Whenever an eligible dependent first applies for any benefit under laws administered by the Secretary, the Secretary shall provide to the dependent information concerning eligibility for benefits and health care services under programs administered by the Secretary. For purposes of this paragraph, a request for burial or related benefits, including an application for life insurance proceeds, shall be treated by the Secretary as an initial application for benefits. ``(d)(1) Information provided an eligible dependent under this section shall include information on how to apply for benefits for which the dependent may be eligible, including information about assistance available under subsection (b) and section 7722(d) of this title. ``(2) In the case of eligible dependents who are members of distinct beneficiary populations (such as survivors of veterans), the Secretary shall ensure that information provided under this section includes specific information about benefits relating to that population. ``(e) For any area in which there is a significant population of eligible dependents whose primary language is a language other than English, the Secretary shall make information provided under this subsection available to those dependents in the dominant language in that area (in addition to English). ``(f) Outreach services and assistance shall be provided for eligible dependents through the same means that are used for other specially targeted groups. ``(g) The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, correspondence of the Department, announcements in veterans publications, direct correspondence to congressional offices, military bases public affairs offices, military retiree affairs offices, and United States embassies. ``(h) The Secretary shall support the Department's periodic evaluation under section 527 of this title concerning the Department's efforts to address the needs of eligible dependents. ``(i) The Secretary shall submit to Congress an annual report on the programs of the Department addressing the information and assistance needs of eligible dependents. The Secretary shall include in each such report the following: ``(1) Information about expenditures, costs, and workload under the program of the Department directed towards the information and assistance needs of eligible dependents. ``(2) Information about outreach efforts directed toward eligible dependents. ``(3) Information about emerging needs within the program that relate to other provisions of law, including section 7725 of this title with respect to language needs of eligible dependents. ``(4) Information as to the timeline for implementation of improvements to meet existing and emerging needs of eligible dependents in addition to those specified in this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7726 the following new item: ``7727. Outreach for eligible dependents.''.

Requires the Secretary of Veterans Affairs to assign appropriate Department employees to conduct outreach programs and provide outreach services for eligible spouses and dependents.

Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act

SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of conventional steel-jawed leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. PROHIBITED ACTS AND PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any person-- (1) to import, export, or transport in interstate commerce an article of fur, if any part or portion of such article is derived from an animal that was trapped in a conventional steel-jawed leghold trap; (2) to import, export, deliver, carry, or transport by any means whatever, in interstate commerce, any conventional steel- jawed leghold trap; (3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, or transported in violation of paragraph (2); or (4) to violate any rule made by the Secretary under this Act. (b) Penalties.--Whoever knowingly violates subsection (a) shall, in addition to any other penalty that may be imposed-- (1) for the first such violation, be imprisoned for not more than 5 days or fined under title 18, United States Code, or both; and (2) for each subsequent violation, be imprisoned for not more than two years or fined under title 18, United States Code, or both. SEC. 3. REWARDS. (a) General Rule.--The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any rule made under this Act, an amount equal to one-half of the fine paid pursuant to the conviction. (b) Exception.--Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 4. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, this Act and any rules made under this Act shall be enforced by the Secretary, who may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such rules. (b) Import and Export Violations.-- (1) Import violations.--The importation of articles in violation of section 2(a) shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws of the United States shall apply thereto. (2) Export violations.--The authorities under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (including penalties) shall be used to enforce the provisions of this Act relating to the export of articles in violation of section 2(a). (c) Enforcement Authorities.--Any person having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seize any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to a violation to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to a violation to which subsection (b) applies) committed in his or her presence or view, or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (d) Forfeiture.-- (1) General rule.--Except with respect to exports to which the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any rule made under this Act, shall be subject to forfeiture to the United States. Those provisions of law relating to-- (A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws of the United States, (B) the disposition of such property or the proceeds from the sale thereof, (C) the remission or mitigation of such forfeitures, and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this Act. (2) Enforcement.--Such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (e) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of this Act or any rule made under this Act. (f) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and rules made under this Act, are enforced in the most effective and efficient manner. SEC. 5. DEFINITIONS. In this Act: (1) The term ``article of fur'' means-- (A) any furskin (as such term is used under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States), including any raw furskin classified under heading 4301 of such Schedule; or (B) any article, however produced, that consists in whole or part of any such furskin. (2) The term ``conventional steel-jawed leghold trap'' means any spring-powered pan or sear-activated device with two opposing steel jaws, whether the jaws are smooth, toothed, padded, or offset, which is designed to capture an animal by snapping closed upon the animal's limb or part thereof. (3) The term ``customs laws of the United States'' means any other law or regulation enforced or administered by the United States Customs Service. (4) The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (5) The term ``interstate commerce'' has the meaning given such term in section 10 of title 18, United States Code. (6) The term ``Secretary'' means the Secretary of the Interior. SEC. 6. RULEMAKING. The Secretary may make rules to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.

Makes it unlawful to: (1) import, export, or transport in interstate commerce conventional steel jawed leghold traps and articles of fur derived from animals trapped in such traps; or (2) sell or acquire such a trap transported in violation of such provision. Prescribes criminal penalties for violations.Directs the Secretary of the Interior to reward persons (other than Government employees performing official duties) for information leading to a conviction under this Act.Empowers enforcement officials to detain, search, and seize suspected containers or merchandise and any accompanying documents, to make arrests without warrants with probable cause, and to execute warrants. Subjects seized merchandise to forfeiture.

To end the use of conventional steel-jawed leghold traps on animals in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trash Reduction Act of 2011''. SEC. 2. IMPOSITION OF TAX ON DISPOSABLE CARRYOUT BAGS. (a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by inserting after subchapter C the following new subchapter: ``Subchapter D--Disposable Carryout Bags ``Sec. 4056. Imposition of tax. ``SEC. 4056. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed on any retail sale a tax on each disposable carryout bag. ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) shall be $0.05 per disposable carryout bag. ``(c) Liability for Tax.--The retailer shall be liable for the tax imposed by this section. ``(d) Definitions.--For purposes of this section-- ``(1) Disposable carryout bag.-- ``(A) In general.--The term `disposable carryout bag' means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. ``(B) Exceptions.--Such term does not include-- ``(i) any reusable bag, ``(ii) any bag manufactured for use by a customer inside a store to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts, ``(iii) any bag that contains or wraps frozen foods, prepared foods, or baked goods when not prepackaged, ``(iv) any bag manufactured for use by a pharmacist to contain prescription drugs, and ``(v) any bag manufactured to be sold at retail in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. ``(2) Reusable bag.--The term `reusable bag' means a bag that is-- ``(A)(i) made of cloth or other machine washable fabric, or ``(ii) made of a durable plastic that is at least 2.25 millimeters thick, and ``(B) is specifically designed and manufactured for multiple use. ``(e) Special Rules.-- ``(1) Pass through of tax.--The tax imposed by subsection (a) shall be passed through to the customer and shall be separately stated on the receipt of sale provided to the customer. ``(2) 1st retail sale; use treated as sale.--For purposes of this section, rules similar to the rules of subsections (a) and (b) of section 4002 shall apply.''. (b) Carryout Bag Recycling Program.--Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: ``SEC. 6433. QUALIFIED DISPOSABLE CARRYOUT BAG RECYCLING PROGRAM. ``(a) Allowance of Credit.--If-- ``(1) tax has been imposed under section 4056 on any disposable carryout bag, ``(2) a retailer provides such bag to a customer in a point of sale transaction, ``(3) such retailer has in effect at the time of such transaction a qualified carryout bag recycling program, and ``(4) such retailer has kept and can produce records for purposes of this section and section 4056 that include the total number of disposable carryout bags purchased and the amounts passed through to the customer for such bags pursuant to section 4056(e), the Secretary shall pay (without interest) to such retailer an amount equal to the applicable amount for each such bag used by the retailer in connection with a point of sale transaction. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is $0.01. ``(c) Qualified Disposable Carryout Bag Recycling Program.--For purposes of this section-- ``(1) In general.--The term `qualified carryout bag recycling program' means a recycling program under which the retailer-- ``(A) to the extent the retailer provides disposable carryout bags (as defined in section 4056) to customers-- ``(i) passes through the tax imposed by section 4056 and tracks the total number of bags purchased and amount of tax passed through pursuant to section 6433(a), ``(ii) has printed or displayed on each such bag, in a manner clearly visible to a customer, the words `PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING', ``(iii) uses bags that are 100 percent recyclable, ``(iv) uses bags that are made of high- density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4, and ``(v) uses bags that contain a minimum of 40 percent post-consumer recycled content, ``(B) places at each place of business at which retail operations are conducted one or more carryout bag collection bins which are visible, easily accessible to the customer, and clearly marked as being for the purpose of collecting and recycling disposable carryout bags, ``(C) recycles the disposable carryout bags collected pursuant to subparagraph (B), ``(D) maintains for not less than 3 years records (which shall be available to the Secretary) describing the collection, transport, and recycling of disposable carryout bags collected, ``(E) makes available to customers within the retail establishment reusable bags (as defined in section 4056(c)(2)) which may be purchased and used in lieu of using a disposable carryout bag, and ``(F) meets the definition of 4056(d)(3). ``(2) Recycling program.--The term `recycling program' means a program that processes used materials or waste materials into new products to prevent waste of potentially useful materials; reduce raw materials consumption; reduce energy usage; reduce air, water, or other pollution; or reduce the need for disposal.''. (c) Establishment of Trust Fund.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9512. DISPOSABLE CARRYOUT BAG TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Disposable carryout bag Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the amounts received in the Treasury pursuant to section 4056. ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for making payments under section 6433. ``(d) Transfer to Land and Water Conservation Fund.-- ``(1) In general.--The Secretary shall pay from time to time from the Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by the Secretary) equivalent to the aggregate of the transactions on which tax is imposed under section 4056 aggregate amounts determined on the basis of $0.01. ``(2) Special rule regarding amounts transferred.--Amounts transferred to the land and water conservation fund under paragraph (1) shall not be taken into account for purposes of determining amounts to be appropriated or credited to the fund under section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5(c)).''. (d) Study.--Not later than December 31, 2013, the Comptroller General of the United States shall conduct a study on the effectiveness of the provisions of this Act at reducing the use of disposable carryout bags and encouraging recycling of such bags. The report shall-- (1) address measures that the Comptroller General determines may increase the effectiveness of such provisions, including the amount of tax imposed on each disposable carryout bag, and (2) any effects, both positive and negative, on any United States businesses. The Comptroller General shall submit a report of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to adding at the end thereof the following new item: ``Subchapter D. Disposable carryout bags.''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Qualified disposable carryout bag recycling program.''. (3) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Disposable carryout bag trust fund.''. (f) Effective Date.--The amendments made by this section shall take effect on January 1, 2011.

Trash Reduction Act of 2011 - Amends the Internal Revenue Code to require retailers to pay a $0.05 excise tax on each disposable carryout bag provided to a consumer. Defines "disposable carryout bag" to mean a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or items. Exempts reusable bags and certain other bags used for specified purposes from such tax. Allows a refund of such tax for retailers who establish a disposable carryout bag recycling program. Establishes in the Treasury the Disposable carryout bag Trust Fund to hold tax revenues generated by this Act. Directs the Secretary of the Treasury to make payments from such Trust Fund for the disposable carryout bag recycling program and for the land and water conservation fund established by the Land and Water Conservation Fund Act of 1965. Directs the Comptroller General to report to Congress on the effectiveness of this Act in reducing the use of disposable carryout bags and encouraging recycling of such bags.

To amend the Internal Revenue Code of 1986 to impose a retail tax on disposable carryout bags, and for other purposes.

SECTION 1. BIOFUELS RESEARCH INITIATIVE. (a) Short Title.--This section may be cited as the ``Biofuels Research Initiative Act of 2007''. (b) Research, Extension, and Educational Programs on Biobased Energy Technologies and Products.--Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS. ``(a) Purposes.--The purposes of the programs established under this section are-- ``(1) to enhance national energy security through the development, distribution, and implementation of biobased energy technologies; ``(2) to promote diversification in, and the environmental sustainability of, agricultural production in the United States through biobased energy and product technologies; ``(3) to promote economic diversification in rural areas of the United States through biobased energy and product technologies; and ``(4) to enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the Department of Agriculture, the Department of Energy, and the land-grant colleges and universities. ``(b) Definitions.--In this section: ``(1) Land-grant colleges and universities.--The term `land-grant colleges and universities' means-- ``(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); ``(B) 1890 Institutions (as defined in section 2 of that Act) and West Virginia State College; and ``(C) 1994 Institutions (as defined in section 2 of that Act). ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(c) Establishment.--To carry out the purposes described in subsection (a), the Secretary shall establish programs under which-- ``(1) the Secretary shall provide grants to the lead land grant university for each of the regional consortiums with the lead university selected based on criteria in subsection (e); and ``(2) the consortium shall use the grants in accordance with this section. ``(d) Grants to a Consortium.--The Secretary shall use amounts made available for a fiscal year under subsection (j) to provide a grants in equal amounts to the lead land grant university for each of the regional consortiums with the lead university selected based on criteria in subsection (e): ``(e) Criteria for Consortium Membership.--To be a member of a consortium, a university must have the following attributes: ``(1) Demonstrated history, capability and intellectual property in germplasm development, including but not limited to genetics, plant breeding, and molecular techniques. ``(2) Production logistics, including but not limited to cropping systems, harvesting technologies, storage technologies, and transportation systems. ``(3) Economic and policy analysis, including but not limited to probabilistic forecasts, economic feasibility, and business plans. ``(4) Environmental assessment, including but not limited to life-cycle analysis, climate change assessment, air quality, and water use evaluations of bioenergy production systems. ``(5) Facilities, including but not to facilities for genomics, plant breeding, crop production, crop processing, equipment design and fabrication, equipment testing, and environmental testing. ``(6) Academic and research capabilities in plant science, agronomy, soil science, plant physiology, plant pathology, entomology, engineering, agricultural engineering, and agricultural economics. ``(7) Management capabilities in academics, research administration, intellectual property development, contract management, Federal procurement, and agricultural technology transfer. ``(f) Regional Consortium Groups.--Each of the following shall be considered a regional consortium group for the purposes of this Act: ``(1) North-central consortium.--A north-central university consortium for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming. ``(2) Southeastern consortium.--A southeastern university consortium for the region composed of-- ``(A) the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; ``(B) the Commonwealth of Puerto Rico; and ``(C) the United States Virgin Islands. ``(3) South-central consortium.--A south-central university consortium for the region composed of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas. ``(4) Western consortium.--A western university consortium for the region composed of-- ``(A) the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and ``(B) territories and possessions of the United States (other than the territories referred to in subparagraphs (B) and (C) of paragraph (2)). ``(5) Northeastern consortium.--A northeastern university consortium for the region composed of the States of Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia. ``(g) Use of Funds.-- ``(1) University consortium.--Of the funds made available for a fiscal year to a consortium under subsection (d), the consortium member shall use not more than 25 percent of the amount for administration to support excellence in science, engineering, and economics at each regional consortium to promote the purposes described in subsection (a) through each applicable State agricultural experiment station, cooperative extension services, and relevant educational programs of the regional consortium member. ``(2) Grants to land-grant colleges and universities.--Each regional university consortium shall use the funds that remain available for a fiscal year after expenditures made under paragraph (1) to provide competitive grants to Agricultural and Land Grant colleges and universities in the region of the consortium as follows: ``(A) Not less than 30 percent of the funds to conduct, consistent with the purposes described in subsection (a), multi-institutional and multi-State research, extension, and educational programs on technology development. ``(B) Not less than 30 percent of the funds to conduct, consistent with the purposes described in subsection (a), multi-institutional and multi-State integrated research, extension, and educational programs on technology implementation. ``(3) Indirect costs.--A university consortium may not recover the indirect costs of making grants under paragraph (2) to other land-grant colleges and universities. ``(h) Plan.--Subject to the availability of funds under subsection (j), each university consortium, in cooperation with other land-grant colleges and universities and private industry in accordance with paragraph (2), shall jointly develop and submit to the Secretary, for approval, a plan for addressing at the State and regional levels the bioenergy, biomass, and gasification research priorities of the Department of Agriculture and the Department of Energy for making grants under paragraphs (1) and (2) of subsection (e). ``SEC. 9012. BIO ENERGY CONSORTIUM. ``(a) Establishment.--The Secretary of Agriculture shall establish a Bio Energy Consortium led by 5 universities selected by the Secretary that meet criteria of excellence across a wide range of expertise, experience, and reputation. These universities shall have responsibility for regional and disciplinary organization across the United States to identify talents and expertise that contributes to advancing biomass for energy and incorporate teams to address priority issues and to accelerate biomass for energy technologies. The lead universities are responsible for avoiding redundancy, bringing the best science to address issues and developing an integrated nationwide program. Identification of the best science for selected areas of research may be structured under a peer review competitive process developed by the 5 lead universities. ``(b) External Advisory Group.--The Bio Energy Consortium and each of the 5 lead universities selected under subsection (a) shall each-- ``(1) be advised by external advisory group selected by the regional consortium and be comprised of stakeholders in the region and that have broad range of expertise; and ``(2) submit an annual report to the advisory group defining the research, extension, and teaching programs and accomplishments during of each entity submitting a report during the year for which the report is submitted. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2008 through 2017.''

Biofuels Research Initiative Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to establish grants to the lead land grant university for each regional consortium. Prescribes the use of such grants. Requires each regional university consortium to provide competitive grants to Agricultural and Land Grant colleges and universities in the region of the consortium. Directs the Secretary to establish a Bio Energy Consortium led by five universities meeting specified criteria, which shall be responsible to identify talents and expertise that contribute to advancing biomass for energy.

To enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the Department of Agriculture, the Department of Energy, and land-grant colleges and universities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Survivors Act''. SEC. 2. PRESERVATION OF DOCUMENTARY EVIDENCE OF DEPARTMENT OF DEFENSE ON INCIDENTS OF SEXUAL ASSAULT AND SEXUAL HARASSMENT IN THE MILITARY. (a) Identification of Means of Preservation.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, identify the most appropriate and effective means for the preservation by the Department of Defense of documentary evidence of the Department on covered incidents of sexual assault and sexual harassment during the life of the victims of such incidents. The means so identified shall be a single means that is used uniformly by all the military departments. (2) Documentary evidence.--For purposes of this section, documentary evidence on covered incidents of sexual assault and sexual harassment means the following: (A) All forms, reports, or other documents, whether in paper or electronic form, currently generated by the Department of Defense at the time of, or otherwise in connection with, a report or allegation regarding a covered incident of sexual assault or sexual harassment. (B) Such other form, report, or document as may be established by the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, for purposes of compliance with the requirements of this section as a result of the work of the joint task force under paragraph (6). (3) Requirements for means identified.--The means for the preservation of documentary evidence identified under this subsection shall ensure the following: (A) The preservation by the Department of Defense of documentary evidence of the Department on covered incidents of sexual assault and sexual harassment during the life of the victims of such incidents. (B) The full protection of the privacy of the victims, including, where applicable, the preservation of the nature of the documentary evidence as restricted or unrestricted. (C) Lifetime access of the victim to the documentary evidence, whether or not while a member of the Armed Forces, including for purposes of the submittal or development of a claim for benefits from the Department of Veterans Affairs and for use in a criminal or civil proceeding in connection with a covered incident of sexual assault or sexual harassment. (D) On-going access by the Department of Defense to the documentary evidence (with personal identifying information redacted in the case of restricted reports) for purposes of research, reporting, and training by the Department regarding incidents of sexual assault and sexual harassment and for such other purposes as the Secretary of Defense considers appropriate. (E) On-going access by the Department of Veterans Affairs to the documentary evidence for purposes of assisting an individual in the submittal or development of a claim for benefits from the Department, but only if the individual expressly authorizes such access by the Department for such purposes. (4) Method of preservation.--The means for the preservation of documentary evidence identified under this subsection shall provide for the preservation of such evidence in digitized, electronic form. (5) Utilization of current means of preservation.--The means for the preservation of documentary evidence identified under this subsection may utilize or incorporate elements of databases or other means of document preservation currently employed by the Department of Defense, subject to the requirements of this subsection. (6) Joint task force on superseding form.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint task force for purposes of recommending to the Secretary of Defense whether or not to establish under paragraph (2)(B) a form, report, or document to be generated by the Department of Defense in lieu of the forms, reports, and documents described in paragraph (2)(A). The task force shall be composed of officers and employees of the Department of Defense and the Department of Veterans Affairs appointed to the task force by the Secretary of Defense and the Secretary of Veterans Affairs, as applicable. (B) Report.--The joint task force shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report setting forth the recommendation of the task force under subparagraph (A). If the recommendation is to establish a form, report, or document, the report shall include a proposal for such form, report, or document. (7) Report.--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 means for the preservation of documentary evidence in covered incidents of sexual assault and sexual harassment identified under this subsection. The report shall set forth the following: (A) A comprehensive description of the means for the preservation of documentary evidence identified under this subsection. (B) A description of the work of the joint task force under paragraph (6), including the form, report, or document, if any, to be established under paragraph (2)(A) as a result of such work. (C) A plan for the implementation of the means so identified by the Department of Defense. (D) Such recommendations for additional legislative or administrative action as the Secretary considers appropriate. (b) Implementation of Identified Means of Preservation.-- (1) In general.--The Secretary of Defense shall provide for the implementation by the military departments of the means for the preservation of documentary evidence on covered incidents of sexual assault and sexual harassment identified under subsection (a) by not later than 18 months after the date of the enactment of this Act. If the Secretary establishes a form, report, or document under subsection (a)(2)(B), the means so implemented shall provide for the preservation of such evidence utilizing such form, report, or document. (2) Interim means.--If the means for the preservation of documentary evidence identified under subsection (a) is not fully implementable by the deadline specified in paragraph (1), the Secretary shall implement such means to the extent practicable, but may utilize additional appropriate means for the preservation of such evidence (including the preservation of such evidence in paper form) on an interim basis pending the full implementation of such means. (3) Reports.--Not later than one year after the completion of the implementation of the means for the preservation of documentary evidence by the military departments under paragraph (1), and every year thereafter for the next two years, the Secretary of Defense shall submit to Congress a report on the implementation of the means for the preservation of documentary evidence. Each report shall set forth the following: (A) A current description and assessment of the implementation by the military departments of the means for the preservation of documentary evidence. (B) For the one-year period ending on the date of such report, the following: (i) In consultation with the Secretary of Veterans Affairs, a statement of the number of individuals who sought documentary evidence preserved by such means for the submittal or development of a claim for benefits from the Department of Veterans Affairs. (ii) A description and assessment of efforts to inform members of the Armed Forces regarding the preservation of documentary evidence on covered incidents of sexual assault and sexual harassment and of means for accessing evidence so preserved. (C) Such recommendations for additional legislative or administrative action as the Secretary of Defense considers appropriate. (c) Definitions.--In this section: (1) The term ``covered incident of sexual assault or sexual harassment'' means an incident of sexual assault or sexual harassment in which a member of the Armed Forces is the victim. (2) The term ``sexual assault'' means the following: (A) Rape. (B) Sexual assault. (C) Any other sexual misconduct covered by section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). (D) Sodomy. (E) Any other intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. (F) Any other unwanted sexual contact that is aggravated, abusive, or wrongful, including unwanted and inappropriate sexual contact. (G) Any attempt to commit an act specified in subparagraphs (A) through (F). (3) The term ``sexual harassment'' means sexual discrimination that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when-- (A) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person's service, pay, or retention or promotion in the Armed Forces; (B) submission to or rejection of such conduct by a person is used as a basis for decisions affecting the person's service, pay, or retention or promotion in the Armed Forces; or (C) such conduct interferes with a person's performance of duty in the Armed Forces or creates an intimidating, hostile, or offensive environment for the performance of such duty.

Support for Survivors Act - Directs the Secretary of Defense to identify the most appropriate and effective means for the preservation by the Department of Defense (DOD) of documentary evidence of incidents of sexual assault or harassment in which a member of the Armed Forces is the victim (covered incidents), which shall be a single means to be used by all the military departments. Requires the means identified to be in electronic form and to include the full protection of the victim's privacy and lifetime access to such evidence. Directs the Secretary and the Secretary of Veterans Affairs (VA) to establish a joint task force to determine whether to establish a documentary evidence form, report, or document in lieu of forms, reports, and documents currently generated by DOD. Requires the Secretary to: (1) report to Congress on the means of preservation identified; and (2) provide for the implementation of such means by the military departments within 18 months after the enactment of this Act.

A bill to provide for the preservation by the Department of Defense of documentary evidence of the Department of Defense on incidents of sexual assault and sexual harassment in the military, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Drunk Driving Protection Act''. SEC. 2. OPEN CONTAINER LAWS. (a) Establishment.--Chapter I of title 23, United States Code, is amended by inserting after section 153 the following: ``Sec. 154. Open container requirements ``(a) Definitions.--In this section: ``(1) Alcoholic beverage.--The term `alcoholic beverage' has the meaning given the term in section 158(c). ``(2) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. ``(3) Open alcoholic beverage container.--The term `open alcoholic beverage container' has the meaning given the term in section 410(i). ``(4) Passenger area.--The term `passenger area' shall have the meaning given the term by the Secretary by regulation. ``(b) Penalty.-- ``(1) General rule.-- ``(A) Fiscal year 2000.--If, at any time in fiscal year 2000, a State does not have in effect a law described in subsection (c), the Secretary shall transfer 1.5 percent of the funds apportioned to the State for fiscal year 2001 under each of paragraphs (1)(A), (1)(C), and (3) of section 104(b) to the apportionment of the State under section 402. ``(B) Fiscal years thereafter.--If, at any time in a fiscal year beginning after September 30, 2000, a State does not have in effect a law described in subsection (c), the Secretary shall transfer 3 percent of the funds apportioned to the State for the following fiscal year under each of paragraphs (1)(A), (1)(C), and (3) of section 104(b) to the apportionment of the State under section 402. ``(c) Open Container Laws.-- ``(1) In general.--For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. ``(2) Motor vehicles designed to transport many passengers.--For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container 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 to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect. ``(d) Federal Share.--The Federal share of the cost of a project carried out under section 402 with funds transferred under subsection (b) to the apportionment of a State under section 402 shall be 100 percent. ``(e) Transfer of Obligation Authority.-- ``(1) In general.--If the Secretary transfers under subsection (b) any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate to the State an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. ``(2) Amount.--The amount of obligation authority referred to in paragraph (1) shall be determined by multiplying-- ``(A) the amount of funds transferred under subsection (b) to the apportionment of the State under section 402 for the fiscal year; by ``(B) the ratio that-- ``(i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to ``(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. ``(f) Limitation on Applicability of Highway Safety Obligations.-- Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under subsection (b) to the apportionment of a State under section 402.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 153 the following: ``154. Open container requirements.''.

National Drunk Driving Protection Act - Requires the transfer of certain Federal highway funds from Federal-aid highway and highway safety construction programs, and Federal surface transportation program apportionments to a State's highway safety program apportionment if the State fails, before FY 2001, to prohibit open containers of alcoholic beverages and consumption of such beverages in the passenger area of motor vehicles on public highways.

National Drunk Driving Protection Act

SECTION 1. REMOVAL OF LIMITATION UPON THE AMOUNT OF OUTSIDE INCOME WHICH A SOCIAL SECURITY BENEFICIARY MAY EARN WHILE RECEIVING BENEFITS. (a) Repeal of Provisions Relating to Deductions on Account of Work.-- (1) In general.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (2) Conforming amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (A) in subsection (c), by redesignating such subsection as subsection (b), and-- (i) by striking ``Noncovered Work Outside the United States or'' in the heading; (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (iii) by striking ``For purposes of paragraphs (2), (3), and (4)'' and inserting ``For purposes of paragraphs (1), (2), and (3)''; and (iv) by striking the last sentence; (B) in subsection (e), by redesignating such subsection as subsection (c), and by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (C) in subsection (g), by redesignating such subsection as subsection (d), and by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (D) in subsection (l), by redesignating such subsection as subsection (e), and by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. (b) Additional Conforming Amendments.-- (1) Provisions relating to benefits terminated upon deportation.--Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b), (c), and (d)'' and inserting ``Section 203(b)''. (2) Provisions relating to exemptions from reductions based on early retirement.-- (A) Section 202(q)(5)(B) of such Act (42 U.S.C. 402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''. (B) Section 202(q)(7)(A) of such Act (42 U.S.C. 402(q)(7)(A)) is amended by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 or deductions under section 222(b)''. (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child's insurance benefits.-- (A) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is amended by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''. (B) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is amended by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (4) Provisions relating to suspension of aliens' benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (5) Provisions relating to benefits increased on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''. (6) Provisions relating to reductions in benefits based on maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (7) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 for purposes of deductions from benefits on account of work''. (8) Provisions taking into account earnings in determining benefit computation years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (9) Provisions relating to rounding of benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (10) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by section 5 of the ____ Act of 1999 had not been enacted''. (11) Provisions defining income for purposes of ssi.-- Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (A) by striking ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined in the last two sentences of this subsection''; and (B) by adding at the end (after and below paragraph (2)(F)) the following new sentences: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(m)(2) or in a pension plan of the employer.''. (12) Repeal of deductions on account of work under the railroad retirement program.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking subsections (f) and (g)(2). (c) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years beginning after December 31, 1999.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.

To amend the Social Security Act to remove the limitation on the amount of outside income which a Social Security beneficiary may earn while receiving benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interest for Others Act of 2016''. SEC. 2. EXCLUSION FROM GROSS INCOME OF CERTAIN INTEREST AND MONEY MARKET FUND DIVIDENDS PAID TO CHARITY. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after 139E the following: ``SEC. 139F. INTEREST AND MONEY MARKET FUND DIVIDENDS DONATED TO CHARITY. ``(a) General Rule.--In the case of a taxpayer who is an individual, trust, or estate, gross income for a taxable year shall not include the amount of a charitable contribution pursuant to a qualified program made during the taxable year in which a calendar year ends. ``(b) Limitations.-- ``(1) Exclusion limited to interest and dividend income.-- The amount excluded from gross income by subsection (a) for a calendar year shall not exceed the sum of-- ``(A) in the case of a deposit in a financial institution, the lesser of-- ``(i) the amount of interest paid to the taxpayer on such deposit for the calendar year, and ``(ii) the aggregate charitable contribution from such deposit during the calendar year, and ``(B) in the case of shares in a money market fund, the lesser of-- ``(i) the amount of dividends paid with respect to such shares for the calendar year, and ``(ii) the aggregate charitable contribution from such shares during the calendar year. ``(2) Account limitation.--The amount excluded from gross income by subsection (a) from an account for a calendar year shall not exceed $50. ``(c) Qualified Program.--For purposes of this section-- ``(1) In general.--The term `qualified program' means a program adopted by a financial institution or a money market fund (as the case may be) under which-- ``(A) the owner of a deposit in the financial institution or of shares in the money market fund-- ``(i) elects to participate in the program, ``(ii) elects the amount of donation from the owner's deposit or shares, and ``(iii) designates an entity described in section 170(c) to receive the donation, and ``(B) the financial institution or money market fund makes, directly or through a qualified aggregator, a contribution of the amount elected under subparagraph (A)(ii) to the entity designated under subparagraph (A)(iii). ``(2) Qualified aggregator.-- ``(A) In general.--The term `qualified aggregator' means an organization-- ``(i) which is described in section 501(c)(3) and exempt from tax under section 501(a), and ``(ii) the purpose of which is to facilitate charitable contributions under a qualified program by aggregating contributions from deposits and funds and payments to entities designated to receive such payments. ``(B) Administrative costs.--An entity shall not fail to be treated as a qualified aggregator solely because the entity retains a portion of contributions from deposits and funds to cover its administrative costs if the qualified aggregator provides notice in advance of its intent to retain such a portion. The notice need not specify the exact amount or percentage of the amount to be retained. ``(C) Special rule regarding status to receive charitable contributions.--A program shall not fail to be described in paragraph (1) merely because the ultimate recipient of a contribution is ineligible to receive charitable contributions so long as the qualified aggregator and the financial institution or money market fund (as the case may be) made an initial good faith determination that contributions to recipients under the program would be qualified under section 170(c) to receive charitable contributions. For purposes of the preceding sentence, a financial institution or money market fund may rely upon the representation of the qualified aggregator that the organizations to which distributions will be made qualify under section 170(c) to receive charitable contributions. ``(d) Other Definitions.--For purposes of this section-- ``(1) Deposit.--The term `deposit' means any deposit, withdrawable account, or withdrawable or repurchasable share. ``(2) Financial institution.--The term `financial institution' means-- ``(A) any bank (as defined in section 581), ``(B) any institution described in section 591, ``(C) any credit union the deposits or accounts in which are insured under Federal or State law or are protected or guaranteed under State law, and ``(D) any similar institution chartered and supervised under Federal or State law. ``(3) Money market fund.--The term `money market fund' means an open-end investment management company registered under the Investment Company Act of 1940 and subject to Rule 2a-7 thereof. ``(4) Charitable contribution.--The term `charitable contribution' means a charitable contribution as defined in section 170(c).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139E the following: ``Sec. 139F. Interest and money market fund dividends donated to charity.''. (c) Effective Date.--The amendments made by this section shall apply to all interest and money market fund dividends paid after December 31, 2015. SEC. 3. DENIAL OF DEDUCTION OF AMOUNTS EXCLUDED FROM INCOME UNDER SECTION 139F. (a) In General.--Section 170(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(19) Certain donated interest and money market fund dividends.--Amounts excluded from gross income under section 139F shall not be taken into account as a charitable contribution for purposes of this section.''. (b) Effective Date.--The amendment made by this section shall apply to all charitable contributions made after December 31, 2015. SEC. 4. INFORMATION RETURNS. (a) Money Market Funds.--Section 6042(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'' and by adding at the end the following: ``(C) which is specifically excluded from gross income of the payee by section 139F(a).''. (b) Payments of Interest.--Section 6049(b)(2) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following: ``(D) interest which is specifically excluded from gross income of the payee by section 139F(a).''. (c) Returns Regarding Payments Excluded From Gross Income Under Section 139F.--Subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after section 6049 the following: ``SEC. 6049A. RETURNS REGARDING INTEREST AND MONEY MARKET FUND DIVIDENDS CONTRIBUTED TO CHARITY. ``Every person who, during any calendar year-- ``(1) makes payments of interest or dividends aggregating $10 or more and who has in effect a qualified program (as defined in section 139F(c)(1)), or ``(2) is a qualified aggregator (as defined in section 139F(c)(2)) and who, under such a qualified program, receives contributions and makes payments aggregating $10 or more to any entity described in section 170(c), shall make a return according to the forms or regulations prescribed by the Secretary setting forth the aggregate amount of such payments, and the name and address of the person to whom paid.''. (d) Conforming Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6049 the following new item: ``Sec. 6049A. Returns regarding interest and money market fund dividends contributed to charity.''. (e) Effective Date.--The amendments made by this section shall apply to all payments made after December 31, 2015.

Interest for Others Act of 2016 This bill amends the Internal Revenue Code to allow individuals, trusts, or estates to exclude from gross income up to $50 of interest and money market fund dividend income that is contributed to charity using a program adopted by a financial institution or a money market fund. Details regarding the payments to charities must be reported to the Internal Revenue Service by any person that: (1) pays certain interest or dividends and has a charitable contribution program, or (2) is an aggregator that receives contributions and makes payments to charities under a program.

Interest for Others Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Veterans Education Relief and Restoration Act of 2015''. SEC. 2. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND OTHER RELIEF FOR VETERANS AFFECTED BY CLOSURES OF EDUCATIONAL INSTITUTIONS. (a) Educational Assistance.-- (1) In general.--Section 3312 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d) Discontinuation of Education Due to Closure of Educational Institution.-- ``(1) In general.--Any payment of educational assistance described in paragraph (2) shall not-- ``(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or ``(B) be counted against the aggregate period for which section 3695 of this title limits the individual's receipt of educational assistance under this chapter. ``(2) Description of payment of educational assistance.-- Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual-- ``(A) was forced to discontinue such course pursuit as a result of a permanent closure of an educational institution; and ``(B) did not receive credit, or lost training time, toward completion of the program of education being pursued at the time of such closure. ``(3) Period for which payment not charged.--The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of-- ``(A) the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(B), and ``(B) the period by which monthly stipend is extended under section 3680(a)(2)(B) of this title.''. (2) Applicability.--Subsection (d) of such section, as added by paragraph (1), shall apply with respect to courses and programs of education discontinued as described in subparagraph (A) or (B) of paragraph (2) of such subsection in fiscal year 2015 or any fiscal year thereafter. (b) Monthly Housing Stipend.-- (1) In general.--Section 3680(a) of such title is amended-- (A) by striking the matter after paragraph (3)(B); (B) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (D) in the matter before subparagraph (A), as redesignated, in the first sentence, by striking ``Payment of'' and inserting ``(1) Except as provided in paragraph (2), payment of''; and (E) by adding at the end the following new paragraph (2): ``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph (1)(A)-- ``(A) during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation, except that the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed four weeks; or ``(B) solely for the purpose of awarding a monthly housing stipend described in section 3313 of this title, during periods following a permanent school closure, except that payment of such a stipend may only be continued until the earlier of-- ``(i) the date of the end of the term, quarter, or semester during which the school closure occurred; and ``(ii) the date that is 4 months after the date of the school closure.''. (2) Conforming amendment.--Paragraph (1)(C)(ii) of such section, as redesignated, is amended by striking ``described in subclause (A) of this clause'' and inserting ``described in clause (ii)''.

Department of Veterans Affairs Veterans Education Relief and Restoration Act of 2015 This bill declares that, if a veteran is forced to discontinue a course as a result of an educational institution's permanent closure and did not receive credit or lost training time toward completion of the education program, Department of Veterans Affairs (VA) educational assistance payments shall not, for a specified period of time, be: charged against the individual's entitlement to educational assistance, or counted against the aggregate period for which such assistance may be provided. The bill applies to school closures beginning with FY2015. The VA may continue to pay educational assistance and subsistence allowances to eligible veterans and eligible persons enrolled in specified courses for up to 4 weeks in any 12-month period when schools are temporarily closed under an established policy based on an executive order of the President or due to an emergency situation. The VA may also continue to pay a monthly housing stipend following a permanent school closure, but only until the earlier of: (1) the date of the end of the term, quarter, or semester during which the school closure occurred; and (2) the date that is four months after the school closure.

Department of Veterans Affairs Veterans Education Relief and Restoration Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Use of Coal Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Carbon capture and storage technology.--The term ``carbon capture and storage technology'' means an advanced technology or concept that the Secretary determines to have the potential-- (A) to capture or remove-- (i) carbon dioxide that is emitted from a coal-fired power plant; and (ii) other industrial sources; (B) to store carbon dioxide in geological formations; and (C) to use carbon dioxide for-- (i) enhanced oil and natural gas recovery; or (ii) other large-volume, beneficial uses. (2) Carbon capture technology.-- (A) In general.--The term ``carbon capture technology'' means any precombustion technology, post- combustion technology, or oxy-combustion technology or process. (B) Inclusion.--The term ``carbon capture technology'' includes carbon dioxide compression technology. (3) Enhanced oil and natural gas recovery.--The term ``enhanced oil and natural gas recovery'' means the use of carbon dioxide to improve or enhance the recovery of oil or natural gas from a depleted oil or natural gas field. (4) Precombustion technology.--The term ``precombustion technology'' means a coal or coal-biomass gasification or integrated gasification combined-cycle process coupled with carbon dioxide storage or reuse. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to promote the continued responsible use of the abundant, secure, and low-cost coal resources of the United States through the research, development, demonstration, and deployment of-- (A) carbon capture and storage technologies; and (B) advanced coal power generation technologies; (2) to promote the exportation of the carbon capture and storage technologies and advanced coal power generation technologies developed by the United States to countries that rely on coal as the dominant energy source of the countries (including China and India); and (3) to support the deployment of carbon capture and storage technologies by-- (A) quantifying the risks of the technologies; and (B) helping to establish the most appropriate framework for managing liabilities associated with all phases of carbon capture and storage technology projects, including-- (i) the capture and transportation of carbon dioxide; and (ii) the siting, design, operation, closure, and long-term stewardship of carbon dioxide storage facilities. SEC. 4. PROGRAMS. (a) Research and Development Program.-- (1) In general.--As soon as practicable after the date of enactment of this Act, in accordance with paragraph (2) and subsection (b), the Secretary, acting through the Director of the National Energy Technology Laboratory, shall carry out a research, development, and demonstration program through the National Energy Technology Laboratory to further advance carbon capture and storage and coal power generation technologies. (2) Required programs.--The program described in paragraph (1) shall include each program described in paragraphs (3) through (6). (3) Commercial demonstration program.--As soon as practicable after the date of enactment of this Act, the Secretary, acting through the Director of the National Energy Technology Laboratory, shall carry out a large-scale commercial demonstration program to evaluate the most promising carbon capture and storage technologies. (4) Research and development program regarding carbon capture technologies.--As soon as practicable after the date of enactment of this Act, the Secretary shall carry out a research and development program under which the Secretary shall evaluate carbon capture technologies to decrease the cost, and increase the performance, of carbon capture technologies. (5) Research and development program regarding carbon dioxide storage.--As soon as practicable after the date of enactment of this Act, the Secretary shall carry out a research and development program under which the Secretary shall evaluate options for carbon dioxide storage in geological formations-- (A) for enhanced oil and natural gas recovery; and (B) to decrease the cost, and increase the performance, of carbon capture and storage technologies in existence as of the date of enactment of this Act. (6) Research and development program regarding advanced clean coal power generation technologies.--As soon as practicable after the date of enactment of this Act, the Secretary shall carry out a research and development program under which the Secretary shall evaluate advanced clean coal power generation technologies to make practicable-- (A) the capture and storage of carbon dioxide; and (B) highly efficient power generation (including advanced turbines, fuel cells, hydrogen production, and advanced gasification). (b) Cost-Sharing Requirements.-- (1) Commercial demonstration program.--The Federal share of the cost of any competitively procured project carried out using funds provided under the commercial demonstration program described in subsection (a)(3) shall be not more than 50 percent. (2) Other programs.--The Federal share of the cost of any competitively procured project carried out using funds provided under a program described in paragraph (4), (5), or (6) of subsection (a) shall be not more than 80 percent. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) to carry out the commercial demonstration program under section 4(a)(3)-- (A) $300,000,000 for fiscal year 2010; (B) $350,000,000 for fiscal year 2011; (C) $400,000,000 for fiscal year 2012; and (D) $400,000,000 for fiscal year 2013; (2) to carry out the research and development program under section 4(a)(4)-- (A) $80,000,000 for fiscal year 2010; (B) $100,000,000 for fiscal year 2011; (C) $120,000,000 for fiscal year 2012; and (D) $120,000,000 for fiscal year 2013; (3) to carry out the research and development program under section 4(a)(5)-- (A) $170,000,000 for fiscal year 2010; (B) $200,000,000 for fiscal year 2011; (C) $225,000,000 for fiscal year 2012; and (D) $225,000,000 for fiscal year 2013; and (4) to carry out the research and development program under section 4(a)(6)-- (A) $250,000,000 for fiscal year 2010; (B) $270,000,000 for fiscal year 2011; (C) $300,000,000 for fiscal year 2012; and (D) $300,000,000 for fiscal year 2013.

Responsible Use of Coal Act of 2009 - Requires the Director of the National Energy Technology Laboratory to carry out a research, development, and demonstration program to advance carbon capture and storage and coal power generation technologies. Requires such program to include a large-scale commercial demonstration program to evaluate the most promising carbon capture and storage technologies and research and development programs for carbon capture technologies, carbon dioxide storage, and advanced clean coal power generation technologies.

A bill to ensure the energy independence and economic viability of the United States by promoting the responsible use of coal through accelerated carbon capture and storage and through advanced clean coal technology research, development, demonstration, and deployment programs, and for other purposes.

. ``(a) In General.--In this section, the term `joint resolution' means only a joint resolution introduced in the period beginning on the date on which the report referred to section 3004(b)(3) of the Exchange Rates and International Economic Policy Coordination Act of 1988 is received by the Committee on Banking, Housing and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: `That Congress disapproves of the determination of the Secretary of the Treasury relating to the finding of currency manipulation as described in section 3004(b) of the Exchange Rates and International Economic Policy Coordination Act of 1988 in the report relating to ________, submitted on ___________.', with the first blank space being filled with the name of the country (or countries) to which the determination relates and the second blank space being filled with the date the report was submitted. ``(b) Procedures for Considering Resolutions.-- ``(1) Original resolutions.--Resolutions of disapproval shall be original resolutions, which-- ``(A) in the House of Representatives shall originate from the Committee on Financial Services and, in addition, be referred to the Committee on Rules; and ``(B) in the Senate shall originate from the Committee on Banking, Housing, and Urban Affairs. ``(2) Floor consideration.-- ``(A) In general.--Except as otherwise provided in this section, the provisions of subsections (d) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(d) through (f)) (relating to floor consideration of certain resolutions in the House and Senate) apply to a joint resolution of disapproval under this section to the same extent as such subsections apply to joint resolutions under such section 152. ``(B) Modification of section 152.--Section 152(f) of the Trade Act of 1974 shall be applied-- ``(i) by substituting `described in section 3004A of the Exchange Rates and International Economic Policy Coordination Act of 1988' for `described in section 152 or 153(a), whichever is applicable,' in paragraph (2); and ``(ii) by substituting `a joint resolution described in section 3004A of the Exchange Rates and International Economic Policy Coordination Act of 1988' for `a joint resolution described in subsection (a)(2)(B)' in paragraph (3). ``(c) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- ``(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and ``(2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.''. TITLE II--FINANCIAL REPORTS ACT OF 1988 SEC. 201. SHORT TITLE. This title may be cited as the ``Promoting Market Access for Financial Services Act''. SEC. 202. REPORT ON FOREIGN TREATMENT OF UNITED STATES FINANCIAL INSTITUTIONS. The Financial Reports Act of 1988 (22 U.S.C. 5351 et seq.) is amended-- (1) in section 3602-- (A) by striking ``quadrennial'' and inserting ``annual'' in the heading; (B) by striking ``not less frequently than every 4 years, beginning December 1, 1990'' and inserting ``beginning July 1, 2008, and annually thereafter,''; and (C) by striking ``to the Congress'' and inserting ``to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives''; (2) in section 3603-- (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (B) by inserting after subsection (a), the following: ``(b) Report on SED.--The Secretary shall include in the initial report required under section 3602 a summary of the results of the most recent US-China Strategic Economic Dialogue (SED) and the results of the SED as it relates to promoting market access for financial institutions. The reports required under section 3602 shall include a progress report on the implementation of any agreements resulting from the SED, a description of the remaining challenges, if any, in improving market access for financial institutions, and a plan, including benchmarks and timeframes, for dealing with the remaining challenges. Each report shall specifically address issues regarding-- ``(1) foreign investment rules; ``(2) the problems of a dual-share stock market; ``(3) the openness of the derivatives market; ``(4) restrictions on foreign bank branching; ``(5) the ability to offer insurance (including innovative products); and ``(6) regulatory and procedural transparency.''.

Currency Reform and Financial Markets Access Act of 2007 - Amends the Exchange Rates and International Economic Policy Coordination Act of 1988 to revise U.S. policy provisions by urging: (1) the United States, and other major industrialized countries, to work together to ensure that the exchange rate of the currencies of major trading nations and the U.S. dollar reflect market forces and contribute to the growth and balance of the international economy; and (2) the United States to take appropriate action to ensure that U.S. trading partners are not engaged in hidden or unfair subsidies through management of their currency or international exchange rates. Revises a certain annual analysis the Secretary of the Treasury (Secretary) must make with respect to the exchange rate policies of foreign countries to include an analysis of whether any country, regardless of intent, manipulates the exchange rate between its currency and the U.S. dollar in a manner that results in an accumulation of substantial dollar currency reserves. Requires the Secretary, if the Secretary makes specified findings, to make an affirmative determination that a country is manipulating its currency and to take the following actions, including: (1) establishing a plan to remedy the currency manipulation; and (2) initiating bilateral negotiations with such country, and instructing the Executive Director to the International Monetary Fund to use the U.S. vote, in order to ensure that such country adjusts the exchange rate between its currency and the U.S. dollar to permit balance of payment adjustments and to eliminate the unfair competitive advantage. Provides procedures for a joint resolution of congressional disapproval when Congress disapproves of the Secretary's findings concerning currency manipulation. Promoting Market Access for Financial Services Act - Amends the Financial Reports Act of 1988 to require: (1) the Secretary to report annually (under current law, every four years) to Congress beginning July 1, 2008, on the treatment of U.S. financial institutions by foreign countries; and (2) such report to include a summary of the results of the most recent U.S.-China Strategic Economic Dialogue (SED) and how such results pertain to promoting foreign market access for U.S. financial institutions.

A bill to amend the Exchange Rates and International Economic Coordination Act of 1988 and for other purposes.

SECTION 1. EXPERIMENTAL BIOFUEL PILOT PROGRAM. (a) In General.--Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523) is amended by adding at the end the following: ``(f) Experimental Biofuel Pilot Program.-- ``(1) Definitions.--In this subsection: ``(A) Experimental biofuel crop.-- ``(i) In general.--The term `experimental biofuel crop' means a crop-- ``(I) that is produced for use as-- ``(aa) a nonpetroleum fuel source; or ``(bb) nonpetroleum lubricant; ``(II) for which there is information to demonstrate that there are sufficient safeguards to prevent the spread of the crop as a noxious weed, as determined by the Corporation; ``(III) for which there is not an existing crop-specific policy or plan of insurance offered pursuant to this title; and ``(IV) for which yield data exists for at least 1 crop year, as determined by the Corporation based on research or data, including research or data provided by-- ``(aa) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or ``(bb) a research facility approved by the Corporation. ``(ii) Inclusion.--The term `experimental biofuel crop' includes camelina. ``(B) Producer.--The term `producer' means an owner, landlord, tenant, or sharecropper on a farm that-- ``(i) produces, and has beneficial interest in, an experimental biofuel crop; and ``(ii) files a record of the farming operation for the farm in the appropriate county office of the Farm Service Agency. ``(2) Establishment.--The Corporation shall carry out a pilot program under which producers of experimental biofuel crops may elect to receive crop insurance in accordance with this subsection. ``(3) Expected market price.--In establishing the expected market price for each experimental biofuel crop, the Corporation may consider the expected market price established or approved by the Corporation for other reference crops, including similar oilseed and biofuel crops, as determined by the Corporation. ``(4) Actual production history.--In determining the actual production history for a producer of an experimental biofuel crop, the Corporation may consider the production history for the producer of, or may apply transitional yields based on, reference crops, including oilseed and biofuel crops with similar yields to the experimental biofuel crop, as determined by the Corporation. ``(5) Requirement.--As a condition of receiving crop insurance under this subsection, producers shall-- ``(A) submit to the Corporation such yield and productivity information as the Corporation considers to be necessary to determine historical crop yields for the experimental biofuel crops; and ``(B) agree that the Corporation may make the yield and productivity information available to the public. ``(6) Limitations.-- ``(A) Acreage.--The Corporation shall enroll in the pilot program under this subsection not more than-- ``(i) 250 acres per producer; ``(ii) 100,000 acres per State; and ``(iii) 500,000 total acres. ``(B) Expenditures.--The Corporation shall carry out the experimental biofuel pilot program under this subsection so that, to the maximum extent practicable, all costs associated with the pilot program do not exceed $15,000,000 for the period of fiscal years 2008 through 2012. ``(C) Administrative costs.--The Corporation may use not more than 10 percent of amounts made available under this or any other Act for administrative and operating expenses of the Risk Management Agency to pay administrative costs to assess whether certain biofuel crops are experimental biofuel crops for which crop insurance can be provided under this subsection.''. (b) Funding.--Section 516(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 1516(a)(2)) is amended by adding at the end the following: ``(E) Costs associated with the conduct of the experimental biofuel pilot program carried out under section 523(f), subject to the limitations in paragraph (6) of that subsection.''. SEC. 2. EXPERIMENTAL BIOFUEL PROGRAMS. Title IX of the Farm Security and Rural Investment Act (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9013. EXPERIMENTAL BIOFUEL PROGRAMS. ``(a) Definitions.--In this section, the terms `experimental biofuel crop' and `producer' have the meanings given the terms in section 523(f)(1) of the Federal Crop Insurance Act (7 U.S.C. 1523(f)(1)). ``(b) Loan and Loan Guarantee Program.-- ``(1) In general.--To improve and stabilize farm income, to promote a better balance between supply and demand for experimental biofuel crops, and to assist producers in the orderly marketing of crops, the Secretary shall establish a program under which the Secretary shall make loans and loan guarantees to producers of experimental biofuel crops. ``(2) Use of funds.--Producers of experimental biofuel crops that receive loans or loan guarantees under this subsection may use the funds-- ``(A) to pay reasonable storage costs incurred by the producers, as determined by the Secretary; and ``(B) to pay other appropriate costs, as determined by the Secretary. ``(c) Grant Program.--The Secretary may make grants to research facilities and institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))-- ``(1) to study the use of experimental biofuel crops for animal feed; and ``(2) to conduct research on specific harvesting and planting techniques for new experimental biofuel crops. ``(d) Funding.-- ``(1) In general.--Notwithstanding any other provision of law, on October 1, 2007, and on each October 1 thereafter through October 1, 2011, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary-- ``(A) $5,000,000 to carry out subsection (b); and ``(B) $5,000,000 to carry out subsection (c). ``(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. ``(3) Availability of funds.--Funds transferred under paragraph (1) shall remain available until expended.''.

Amends the Federal Crop Insurance Act to establish a crop insurance pilot program for experimental biofuel crops (nonpetroleum fuel source or nonpetroleum lubricant use). Amends the Farm Security and Reinvestment Act to: (1) direct the Secretary of Agriculture to provide loans and loan guarantees to producers of experimental biofuel crops; and (2) authorize the Secretary to make grants to research facilities and institutions of higher education for studies of such crops as animal feed and research on harvesting and planting techniques for such crops.

A bill to amend the Federal Crop Insurance Act and Farm Security and Rural Investment Act of 2002 to establish a biofuel pilot program to offer crop insurance to producers of experimental biofuel crops and a program to make loans and loan guarantees to producers of experimental biofuel crops.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medal of Honor Commemorative Coin Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Medal of Honor was first authorized by the Congress in 1861, as the United States Navy's highest personal decoration. (2) The Army Medal of Honor was authorized by the Congress in 1862, and the Air Force Medal of Honor was authorized by Congress in 1956. (3) The Medal of Honor is presented by the President of the United States in the name of the Congress, to a person who, while a member of the United States Armed Forces distinguishes himself or herself conspicuously by gallantry and intrepidity, at the risk of his or her life, and above and beyond the call of duty-- (A) while engaged in action against an enemy of the United States; (B) while engaged in military operations involving conflict with an opposing foreign force; or (C) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (4) The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades, and must have involved risk of life. (5) Incontestable proof of the performance of the service is required, and each recommendation for the award of the Medal of Honor is considered on the standard of extraordinary merit. (6) Fewer than 3,500 Medals of Honor have been awarded to members of the United States Armed Forces. (7) The Congressional Medal of Honor Society is a not-for- profit organization chartered by the 85th Congress under a legislative act signed into law by President Dwight D. Eisenhower on August 14, 1958, and membership in the Society is restricted to recipients of the Medal of Honor. (8) Society members-- (A) are joined together for the purpose of forming and maintaining friendship among all living recipients of the Medal of Honor and remembrance of posthumous and deceased recipients; and (B) are dedicated to the protection and preservation of the dignity, honor, and name of the Medal of Honor, service to others, service to Nation, and the promotion of allegiance to the Constitution and the Government of the United States. (9) Members of the Society act to foster patriotism and to inspire and encourage the youth of America to become worthy citizens. (10) The Congressional Medal of Honor Foundation, a 501(c)(3) not-for-profit organization founded by the Society in 1999, is dedicated to-- (A) perpetuating the Medal of Honor's legacy through outreach and collaborative efforts; (B) raising funds for initiatives that promote what the Medal of Honor represents, operation of the Congressional Medal of Honor Society headquarters, and the public outreach activities of the Medal of Honor Society's membership; and (C) promoting American values and the qualities of courage, sacrifice, and patriotism through increased awareness, education, scholarships, behavior, and example. (11) Through its educational and outreach programs, the Congressional Medal of Honor Foundation promotes heroism, selflessness and distinguished citizenship among American youth, and brings public awareness to the actions of ordinary Americans who have made and are making a profound difference in preserving our freedoms. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the founding of the Medal of Honor in 1861, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 gold coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the traditions, legacy, and heritage of the Medal of Honor, and the distinguished service of its recipients in the Nation's history. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2011''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that represent the 3 Medal of Honor designs (Army, Navy, and Air Force) and specifically honor the Medal of Honor recipients, both past and present, such designs to be consistent with the traditions and heritage of the United States Armed Services, the mission and goals of the Congressional Medal of Honor Society, and the mission and goals of the Congressional Medal of Honor Foundation; (2) be selected by the Secretary, after consultation with the Boards of the Congressional Medal of Honor Society and Congressional Medal of Honor Foundation and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--For each of the 2 denomination of coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary of the Treasury may issue coins minted under this Act only during the 1-year period beginning on January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Congressional Medal of Honor Foundation to help finance the educational, scholarship, and outreach programs of the Foundation. (c) Audits.--The Congressional Medal of Honor Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection.

Medal of Honor Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the design selected by the Secretary, after consultation with the Boards of the Congressional Medal of Honor Society and the Congressional Medal of Honor Foundation, in honor of the distinguished service of the American military men and women who have been Medal of Honor recipients. Limits the period for coin issuance to calendar year 2011. Imposes a surcharge of $35 per coin for the $5 coin and $10 per coin for the $1 coin, to be distributed to the Congressional Medal of Honor Foundation to help finance educational, scholarship, and outreach programs of the Foundation.

A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the establishment of the Medal of Honor in 1861, America's highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Services of the United States, to honor the American military men and women who have been recipients of the Medal of Honor, and to promote awareness of what the Medal of Honor represents and how ordinary Americans, through courage, sacrifice, selfless service and patriotism, can challenge fate and change the course of history.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retail Investor Protection Act''. SEC. 2. STAY ON RULES DEFINING CERTAIN FIDUCIARIES. After the date of enactment of this Act, the Secretary of Labor shall not prescribe any regulation under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) defining the circumstances under which an individual is considered a fiduciary until the date that is 60 days after the Securities and Exchange Commission issues a final rule relating to standards of conduct for brokers and dealers pursuant to the second subsection (k) of section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o(k)). SEC. 3. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. The second subsection (k) of section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o(k)), as added by section 913(g)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.), is amended by adding at the end the following: ``(3) Requirements prior to rulemaking.--The Commission shall not promulgate a rule pursuant to paragraph (1) before-- ``(A) providing a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing whether-- ``(i) retail investors (and such other customers as the Commission may provide) are being harmed due to brokers or dealers operating under different standards of conduct than those that apply to investment advisors under section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-11); ``(ii) alternative remedies will reduce any confusion or harm to retail investors due to brokers or dealers operating under different standards of conduct than those standards that apply to investment advisors under section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-11), including-- ``(I) simplifying the titles used by brokers, dealers, and investment advisers; and ``(II) enhancing disclosure surrounding the different standards of conduct currently applicable to brokers, dealers, and investment advisers; ``(iii) the adoption of a uniform fiduciary standard of conduct for brokers, dealers, and investment advisors would adversely impact the commissions of brokers and dealers, the availability of proprietary products offered by brokers and dealers, and the ability of brokers and dealers to engage in principal transactions with customers; and ``(iv) the adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact retail investor access to personalized and cost-effective investment advice, recommendations about securities, or the availability of such advice and recommendations. ``(4) Economic analysis.--The Commission's conclusions contained in the report described in paragraph (3) shall be supported by economic analysis. ``(5) Requirements for promulgating a rule.--The Commission shall publish in the Federal Register alongside the rule promulgated pursuant to paragraph (1) formal findings that such rule would reduce confusion or harm to retail customers (and such other customers as the Commission may by rule provide) due to different standards of conduct applicable to brokers, dealers, and investment advisors. ``(6) Requirements under investment advisers act of 1940.-- In proposing rules under paragraph (1) for brokers or dealers, the Commission shall consider the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisors.''. Passed the House of Representatives October 27, 2015. Attest: KAREN L. HAAS, Clerk.

. Retail Investor Protection Act (Sec. 2) Prohibits the Secretary of Labor from prescribing any regulation under the Employee Retirement Income Security Act of 1974 (ERISA) defining the circumstances under which an individual is considered a fiduciary until 60 days after the Securities and Exchange Commission (SEC) issues a final rule governing standards of conduct for brokers and dealers under specified law. (Sec. 3) Amends the Securities Exchange Act of 1934 to prohibit the SEC from promulgating a rule establishing an investment advisor standard of conduct as the standard of conduct of brokers and dealers before it reports to certain congressional committees whether: retail investors and other customers are being harmed due to brokers or dealers operating under different standards of conduct than those applicable to investment advisors under the Investment Advisers Act of 1940; alternative remedies will reduce any confusion or harm to retail investors due to brokers or dealers operating under such different standards of conduct; adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact their commissions and the availability of proprietary products offered by brokers and dealers, as well as the ability of brokers and dealers to engage in principal transactions with customers; and adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact retail investor access to personalized, cost-effective investment advice and recommendations. Requires the SEC: (1) to publish in the Federal Register formal findings that such rule would reduce retail customer confusion or harm due to standards of conduct applicable to brokers, dealers, and investment advisors; and (2) in proposing rules to consider the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisors.

Retail Investor Protection Act

SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subparagraph (B) of section 170(e)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Qualified research or education contribution.--For purposes of this paragraph, the term `qualified research or education contribution' means a charitable contribution by a corporation of tangible personal property (including computer software), but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), ``(II) a governmental unit described in subsection (c)(1), or ``(III) an organization described in section 41(e)(6)(B), ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) the property is scientific equipment or apparatus substantially all of the use of which by the donee is for-- ``(I) research or experimentation (within the meaning of section 174), or for research training, in the United States in physical or biological sciences, or ``(II) in the case of an organization described in clause (i) (I) or (II), use within the United States for educational purposes related to the purpose or function of the organization, ``(iv) the original use of the property began with the taxpayer (or in the case of property constructed by the taxpayer, with the donee), ``(v) the property is not transferred by the donee in exchange for money, other property, or services, and ``(vi) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (iv) and (v).'' (b) Donations to Charity for Refurbishing.--Section 170(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Donations to charity for refurbishing.--For purposes of this paragraph, a charitable contribution by a corporation shall be treated as a qualified research or education contribution if-- ``(i) such contribution is a contribution of property described in subparagraph (B)(iii) to an organization described in section 501(c)(3) and exempt from taxation under section 501(a), ``(ii) such organization repairs and refurbishes the property and donates the property to an organization described in subparagraph (B)(i), and ``(iii) the taxpayer receives from the organization to whom the taxpayer contributed the property a written statement representing that its use of the property (and any use by the organization to which it donates the property) meets the requirements of this paragraph.'' (c) Conforming Amendments.-- (1) Paragraph (4)(A) of section 170(e) of the Internal Revenue Code of 1986 is amended by striking ``qualified research contribution'' each place it appears and inserting ``qualified research or education contribution''. (2) The heading for section 170(e)(4) of such Code is amended by inserting ``or education'' after ``research''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution," for purposes of the deduction for charitable contributions. Redefine such term as a "qualified research or education contribution."

A bill to amend the Internal Revenue Code of 1986 to allow companies to donate scientific equipment to elementary and secondary schools for use in their educational programs, and for other purposes.

short title Section 1. This Act may be referred to as the ``Federal Oil and Gas Lease Management Improvement Act of 1998''. findings and purposes Sec. 2. (a) Congress finds that-- (1) State governments have a long and successful history of regulation of operations to explore for and produce oil and gas. The special role of the States was recognized by Congress in 1935 through its ratification under the Constitution of the Interstate Compact to Conserve Oil and Gas. (2) Under the guidance of the Interstate Oil and Gas Compact Commission, States have established effective regulation of the oil and natural gas industry and subject their programs to periodic peer review through the Commission. (3) It is significantly less expensive for State governments than for the Federal Government, through its Bureau of Land Management, to regulate oil and gas lease operations on Federal lands. (4) Significant cost savings could be achieved, with no reduction in environmental protection or in the conservation of oil and gas resources, by having the Federal Government defer to State regulation of oil and gas lease operations on Federal lands. (5) State governments carry out regulatory oversight on State, private, and Federal lands. Oil and gas companies operating on federal lands are burdened with the additional cost and time of duplicative oversight by both State and Federal conservation authorities. Additional cost savings could be achieved within the private sector by having the Bureau of Land Management defer to State regulation. (6) The Federal Government is presently cast in dual opposing roles as a mineral owner and regulator. State regulation of oil and gas operations on Federal lands would eliminate this conflict of interest. (7) It remains the responsibility of the Secretary of the Interior to carry out the Federal policy set forth in the Mining and Minerals Policy Act of 1970 (30 U.S.C. Sec. 21a) to foster and encourage private sector enterprise in the development of economically sound and stable domestic mineral industries, and the orderly and economic development of domestic mineral resources and reserves, including oil and gas resources. (8) Resource management analyses and surveys conducted under the conservation laws of the United States benefit the public at large and are an expense properly borne by the Federal Government. (b) The purposes of this Act are-- (1) to transfer from the Bureau of Land Management to each State in which the Federal lands are present authority to regulate oil and gas operations on leased tracts and related operations as fully as if the operations were occurring on privately owned land, (2) to share the costs saved through more efficient State enforcement among State governments and the Federal treasury, (3) to prevent the imposition of unwarranted delays and recoupments of Federal administrative costs on Federal oil and gas lessees, (4) to effect no change in the administration of Indian lands, and (5) to ensure that those funds deducted from the States' net receipt share are directly tied to administrative costs related to oil and gas on Federal lands. definitions Sec. 3. For purposes of this Act-- (1) The term ``Federal lands'' means all lands and interests in lands owned by the United States which are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate. The term excludes ``Indian lands'' as that term is defined in 30 U.S.C. Sec. 1702(3) and submerged lands on the ``Outer Continental Shelf'' as that term is defined in the Outer Continental Shelf Lands Act, 43 U.S.C. Sec. Sec. 1331 et seq., other than submerged lands subject to section 8(g) of that Act, 43 U.S.C. Sec. 1337(g). (2) The term ``oil and gas conservation authority'' means the agency or agencies in each State responsible for regulating for conservation purposes operations to explore for and produce oil and natural gas. application of act Sec. 4. For the purposes of this Act, Federal lands subject to section 8(g) of the Outer Continental Shelf Lands Act are deemed to be within the state with which revenues from those lands are shared. However, nothing in this Act shall be construed to give a State a property right or interest in any Federal lease or land. TITLE I--DEFERRAL TO STATE REGULATION OF OIL AND GAS LEASE OPERATIONS ON FEDERAL LANDS Sec. 101. (a) No sooner than 6 months from the date of enactment of this Act, a State may notify the Secretary of the Interior of its intent to accept authority for regulation of operations, as described in paragraphs (1) through (11) of this subsection, under oil and gas leases on Federal lands within the State. Effective 6 months after the Secretary receives the state's notice, the authority is transferred from the Bureau of Land Management to the State. This authority includes-- (1) processing and approving Applications for Permits to Drill, subject to surface use agreements and other terms and conditions determined by the Secretary; (2) production operations; (3) well testing; (4) well completion; (5) well spacing; (6) communization; (7) conversion of a producing well to a water well; (8) well abandonment procedures; (9) inspections; (10) enforcement activities; and (11) site security. (b) Effective on the date of transfer, the Bureau of Land Management shall no longer include the charges associated with performing those authorities transferred in subsection (a) in costs charged against the State under section 35(b) of the Mineral Leasing Act (30 U.S.C. Sec. 191(b)). (c) The Bureau of Land Management and the Forest Service shall retain authority over the issuance of leases and the approval of surface use plans, and shall spend appropriated funds to assure that the agency is making timely decisions respecting oil and gas leasing, taking into consideration multiple uses of Federal lands, socioeconomic and environmental impacts, and the results of consultations with state and local government officials. Sec. 102. (a) Following the transfer of authority, no Federal agency shall exercise the authority formerly held by the Bureau of Land Management as to oil and gas lease operations and related operations on Federal lands. (b) Following the transfer of authority, each State shall enforce its own laws, regulations, and requirements pertaining to oil and gas lease operations and related operations with due regard to the national interest in the expedited, environmentally sound development of oil and gas resources in a manner consistent with oil and gas conservation principles. (c) The Bureau of Land Management may continue to enforce any pending actions respecting acts committed prior to the date authority is transferred to a State under section 101(a) until those proceedings are concluded. (d) All applications respecting oil and gas lease operations and related operations on federal lands pending before the Bureau of Land Management on the date authority is transferred shall be immediately transferred to the oil and gas conservation authority of the State in which the given lease is located. The oil and gas conservation authority shall act on the application in accordance with its own laws, regulations, and requirements. TITLE II--USE OF COST SAVINGS FROM STATE REGULATION Sec. 201. Subject to available appropriations, the Secretary of the Interior shall compensate any State for those costs incurred to carry out the authorities transferred under section 101(a). Payment shall be made not less than every quarter during the fiscal year. Each State seeking compensation shall report to the Secretary a cost breakdown for the authorities transferred. Compensation to a State may not exceed 50 percent of the Bureau of Land Management's allocated cost, under section 35(b) of the Mineral Leasing Act, for that State for the fiscal year ending September 30, 1997. The Secretary will adjust the maximum level of cost compensation at least once every two years to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor, using 1997 as the baseline year. Sec. 202. Section 35 of the Mineral Leasing Act (30 U.S.C. Sec. 191) is amended by adding at the end of subsection (b) the following: ``(6) The Secretary shall not include, for the purpose of calculating the deduction under paragraph (1), costs of preparing resource management planning documents and analyses for areas in which oil and gas leasing is excluded or areas in which the primary activity under review is not oil and gas leasing and development.''. TITLE III--STREAMLINING AND COST REDUCTION Sec. 301. (a) Notwithstanding sections 304 and 504 of Public Law 94-579 (43 U.S.C. Sec. Sec. 1734 and 1764) and section 9701 of title 31, United States Code, the Department of the Interior may not recover its costs with respect to applications and other documents relating to oil and gas leases. (b) The Bureau of Land Management and the Forest Service shall complete any resource management planning documents and analyses within 90 days of the agency's receipt of any offer, application, or request for which planning document or analysis must be prepared. If the agency is unable to complete the document or analysis within that time, it shall notify the applicant or lessee of the opportunity to prepare the required document or analysis for the agency's review and use in decision making. The agency for which the document or analysis is prepared shall reimburse the applicant or lessee for costs directly associated with the preparation of the document or analysis. Sec. 302. (a) The Bureau of Land Management and the Forest Service shall assure the timely issuance of Federal agency decisions respecting oil and gas leasing and operations on federal lands. (b) The Bureau of Land Management shall accept or reject an offer to lease within 90 days of the filing of the offer. If an offer is not acted upon within that time, the offer is deemed accepted. (c) The Bureau of Land Management and a State that has accepted transfer under section 101(a) shall approve or disapprove an Application for Permit to Drill within 30 days of receipt of a complete application. If the application is not acted upon within that time, the application is deemed approved. (d) The Bureau of Land Management or the Forest Service, as the case may be, shall approve or disapprove a surface use plan within 30 days of receipt of a complete plan. (e) From the time that a Federal oil and gas lessee or operator files a notice of administrative appeal of a decision or order of an officer or employee of the Department of the Interior or the Forest Service respecting a Federal oil and gas Federal lease, the Department or Service shall have two years to issue a final decision in that appeal. If no final decision has been issued within that time, the appeal is deemed granted. Sec. 303. (a) The Bureau of Land Management and the Forest Service shall assure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and as leasing on Federal lands. (b) Lands designated as available for multiple use under Bureau of Land Management resource management plans and Forest Service leasing analyses shall be available for oil and gas leasing without lease stipulations more stringent than restrictions on surface use and operations imposed under the laws and regulations of the relevant State oil and gas conservation authority unless the Bureau or Service includes in its decision approving the management plan or leasing analysis a written explanation of why more stringent stipulations are warranted. Any decision to require a more stringent stipulation shall be administratively appealable and, following a final agency decision, judicially reviewable under the Administrative Procedure Act. (c) If the Bureau of Land Management or the Forest Service rejects an offer to lease on the ground that the land is unavailable for leasing, the respective agency shall provide a written, detailed explanation of the reasons the land is unavailable for leasing. Where the determination of unavailability is based on a previous resource management decision, the explanation shall include a careful assessment of whether the reasons underlying the previous decision are still persuasive. The agency may not reject an offer to lease lands available for leasing on the ground that the offer includes lands unavailable for leasing, and it must segregate lands available from those unavailable, upon the offeror's request following notice by the agency, before acting on the offer to lease. (d) The Bureau of Land Management or the Forest Service shall provide a written, detailed explanation of the reasons for disapproving or requiring modifications of any surface use plan or Application for Permit to Drill. (e) A decision of the Bureau of Land Management or the Forest Service respecting an oil and gas lease shall be effective pending administrative appeal to the appropriate office within the Department of the Interior or the Department of Agriculture unless that office grants a stay in response to a petition satisfying the criteria for a stay established by 43 CFR Sec. 4.21(b)(1) (1997). Sec. 304. By March 31, 1999, the Secretary of the Interior and the Secretary of Agriculture will jointly submit a report to the President of the Senate and the Speaker of the House of Representatives explaining the most efficient means of eliminating overlapping jurisdiction, duplication of effort, and inconsistent policymaking and policy implementation as between the Bureau of Land Management and the Forest Service. The report will include recommendations on changes in statute needed to implement the report's conclusions. Sec. 305. (a) By March 31, 1999, the Secretary of the Interior will publish, through notice in the Federal Register, a national inventory of the oil and gas reserves and potential resources underlying Federal lands (other than lands governed by section 8(g) of the Outer Continental Shelf Lands Act). The inventory will indicate what percentage of those reserves and resources is currently available for leasing and development. The inventory will further detail what percentage of the reserves and resources are on-- (1) lands now open for leasing but which have never been leased; (2) lands open for leasing or development subject to no surface occupancy stipulations; and (3) lands open for leasing or development subject to other lease stipulations which have significantly impeded or prevented, or are likely to significantly impede or prevent, development. (b) By September 30, 1999, public comments on the inventory will be filed. The Secretary of the Interior shall specifically invite comments on the effect of Bureau of Land Management resource management decisions on past and future oil and gas development. (c) By March 31, 2000, the Secretary of the Interior will file a report with the President of the Senate and the Speaker of the House of Representatives to be comprised of his revised inventory and other responses to the public comments. The report will specifically indicate what steps the Bureau of Land Management will take to increase the percentage of lands open for development of oil and gas resources.

TABLE OF CONTENTS: Title I: Deferral to State Regulation of Oil and Gas Lease Operations on Federal Lands Title II: Use of Cost Savings from State Regulation Title III: Streamlining and Cost Reduction Federal Oil and Gas Lease Management Improvement Act of 1998 - Title I: Deferral to State Regulation of Oil and Gas Lease Operations on Federal Lands - Authorizes a State to notify the Secretary of the Interior of its intent to accept authority for oil and gas lease operations on Federal lands within such State. Transfers such authority by operation of law from the Bureau of Land Management (BLM) to a State six months after the Secretary receives the State's notice. Title II: Use of Cost Savings from State Regulation - Instructs the Secretary to compensate any State for costs incurred to implement the transferred authorities. Amends the Mineral Leasing Act to direct the Secretary to exclude from the 50 percent deduction from oil, gas, and geothermal revenues, with respect to calculation of specified Federal payments to States, the costs of preparing resource management planning documents and analyses for areas in which oil and gas leasing is excluded, or areas in which the primary activity under review is not oil and gas leasing and development. Title III: Streamlining and Cost Reduction - Prohibits the Department of the Interior from recovering its costs with respect to applications and other documents relating to oil and gas leases. Prescribes guidelines for the decision-making process of the BLM and the Forest Service affecting oil and gas leases and operations. Directs the BLM and the Forest Service to assure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and gas leasing on Federal lands. Sets forth a timetable for the Secretary of the Interior to: (1) report jointly with the Secretary of Agriculture to the Congress on the most efficient means of eliminating overlap and duplication between the BLM and the Forest Service; (2) publish notice in the Federal Register of a national inventory of oil and gas reserves and potential resources underlying Federal lands; and (3) report to the Congress a revised inventory of such reserves and resources as a result of public comment, and specifically indicate BLM steps to increase the percentage of lands open for oil and gas development.

Federal Oil and Gas Lease Management Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shasta-Trinity National Forest Administrative Jurisdiction Transfer Act''. SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE BUREAU OF LAND MANAGEMENT. (a) In General.--Administrative jurisdiction over the Federal land described in subsection (b) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (b) Description of Land.--The Federal land referred to in subsection (a) is the land within the Shasta-Trinity National Forest in California, Mount Diablo Meridian, as generally depicted on the map entitled ``Shasta-Trinity Administrative Jurisdiction Transfer: Transfer from Forest Service to BLM, Map 1'' and dated November 23, 2009. (c) Management and Status of Transferred Land.--The Federal land described in subsection (b) shall be administered in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) any other applicable law (including regulations). SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE FOREST SERVICE. (a) In General.--Administrative jurisdiction over the Federal land described in subsection (b) is transferred from the Secretary of the Interior to the Secretary of Agriculture. (b) Description of Land.--The Federal land referred to in subsection (a) is the land administered by the Director of the Bureau of Land Management in the Mount Diablo Meridian, California, as generally depicted on the map entitled ``Shasta-Trinity Administrative Jurisdiction Transfer: Transfer from BLM to Forest Service, Map 2'' and dated November 23, 2009. (c) Management and Status of Transferred Land.-- (1) In general.--The Federal land described in subsection (b) shall be-- (A) withdrawn from the public domain; (B) reserved for administration as part of the Shasta- Trinity National Forest; and (C) managed in accordance with the laws (including the regulations) generally applicable to the National Forest System. (2) Wilderness administration.--The land transferred to the Secretary of Agriculture under subsection (a) that is within the Trinity Alps Wilderness shall-- (A) not affect the wilderness status of the transferred land; and (B) be administered in accordance with-- (i) this section; (ii) the Wilderness Act (16 U.S.C. 1131 et seq.); and (iii) the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425). SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Corrections.-- (1) Minor adjustments.--The Secretary of Agriculture and the Secretary of the Interior may, by mutual agreement, make minor corrections and adjustments to the transfers under this Act to facilitate land management, including corrections and adjustments to any applicable surveys. (2) Publications.--Any corrections or adjustments made under subsection (a) shall be effective on the date of publication of a notice of the corrections or adjustments in the Federal Register. (b) Hazardous Substances.-- (1) Notice.--The Secretary of Agriculture and the Secretary of the Interior shall, with respect to the land described in sections 2(b) and 3(b), respectively-- (A) identify any known sites containing hazardous substances; and (B) provide to the head of the Federal agency to which the land is being transferred notice of any sites identified under subparagraph (A). (2) Cleanup obligations.--To the same extent as on the day before the date of enactment of this Act, with respect to any Federal liability-- (A) the Secretary of Agriculture shall remain responsible for any cleanup of hazardous substances on the Federal land described in section 2(b); and (B) the Secretary of the Interior shall remain responsible for any cleanup of hazardous substances on the Federal land described in section 3(b). (c) Effect on Existing Rights and Authorizations.--Nothing in this Act affects-- (1) any valid existing rights; or (2) the validity or term and conditions of any existing withdrawal, right-of-way, easement, lease, license, or permit on the land to which administrative jurisdiction is transferred under this Act, except that beginning on the date of enactment of this Act, the head of the agency to which administrative jurisdiction over the land is transferred shall be responsible for administering the interests or authorizations (including reissuing the interests or authorizations in accordance with applicable law). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Shasta-Trinity National Forest Administrative Jurisdiction Transfer Act - Transfers the administrative jurisdiction of specified federal land in the Shasta-Trinity National Forest in California from the Secretary of Agriculture to the Secretary of the Interior. Transfers the administrative jurisdiction of specified federal land in California administered by the Bureau of Land Management (BLM) from the Secretary of the Interior to the Secretary of Agriculture. Withdraws such land from the public domain and reserves it for administration as part of the Shasta-Trinity National Forest. Prohibits the land transferred to the Secretary of Agriculture that is in the Trinity Alps Wilderness from affecting the wilderness status of that land. Requires the Secretaries, with respect to the transferred lands, to identify any known sites concerning hazardous substances and to provide notice of any such sites to the head of the federal agency to which the land is being transferred. States that the Secretaries shall remain responsible for any cleanup of hazardous substances on the federal land which was under their administrative jurisdiction. Prohibits anything in this Act from affecting any valid existing right, withdrawal, right-of-way, easement, lease, license, or permit.

To interchange the administrative jurisdiction of certain Federal lands between the Forest Service and the Bureau of Land Management, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Sexual Trauma Response Oversight and Good Governance Act'' (the ``Defense STRONG Act''). SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE. (a) Appointment of Director; Duties.--Chapter 3 of title 10, United States Code, is amended by inserting after section 136a the following new section: ``Sec. 136b. Director of Sexual Assault Prevention and Response Office ``(a) Appointment.--There is a Director of the Sexual Assault Prevention and Response Office who shall be a general or flag officer or an employee of the Department of Defense in a comparable Senior Executive Service position. ``(b) Duties.--The Director of the Sexual Assault Prevention and Response Office serves as the Department's single point of authority, accountability, and oversight for Department policy regarding prevention and response to sexual assault and provides oversight to ensure that the sexual assault programs of the military departments comply with Department policy. ``(c) Standardization.--The Secretary of Defense shall require the use of consistent sexual assault prevention and response terminology, position descriptions, minimum program standards, and organizational structures throughout the armed forces.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 136a the following new item: ``136b. Director of Sexual Assault Prevention and Response Office.''. SEC. 3. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES. (a) Assignment and Training.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1568. Sexual assault prevention and response: Sexual Assault Response Coordinators and Victim Advocates ``(a) Assignment of Coordinators.--(1) At least one full-time Sexual Assault Response Coordinator shall be assigned at the brigade or equivalent or higher unit level. The Secretary concerned may assign additional Sexual Assault Response Coordinators as necessary based on the demographics or needs of the unit. Any additional Sexual Assault Response Coordinator for a unit shall also serve on a full-time basis. ``(2) To ensure access to members of the Armed Forces in response to a report of a sexual assault involving a member, only members of the Armed Forces and civilian employees of the Department of Defense may be assigned to duty as a Sexual Assault Response Coordinator. Contractor employees may not serve as a Sexual Assault Response Coordinator, except on a temporary, emergency basis. ``(b) Assignment of Victim Advocates.--(1) At least one full-time Sexual Assault Victim Advocate shall be assigned to each battalion or equivalent unit. The Secretary concerned may assign additional Victim Advocates as necessary based on the demographics or needs of the unit. The additional Victim Advocates may serve on a full-time or part-time basis at the discretion of the Secretary. ``(2) Only members of the armed forces and civilian employees of the Department of Defense may be assigned to duty as a Victim Advocate. Contractor employees may not serve as a Victim Advocate, except on a temporary, emergency basis. ``(c) Training and Certification.--(1) The Secretary of Defense shall establish a professional and uniform training and certification program for Sexual Assault Response Coordinators and Victim Advocates. In developing the program, the Secretary of Defense shall work with the National Organization for Victim Advocates. The program shall be structured and administered in a manner similar to the professional training available for Equal Opportunity Advisors through the Defense Equal Opportunity Management Institute. ``(2) Effective beginning one year after the date of the enactment of this section, before a member or civilian employee may be assigned to duty as a Sexual Assault Response Coordinator, the member or employee must have completed the training program required by paragraph (1) and obtained the certification. ``(3) A member or civilian employee assigned to duty as a Victim Advocate may obtain certification under the training program required by paragraph (1). At a minimum, the Sexual Assault Response Coordinator to whom a Victim Advocate reports shall train the Victim Advocate using the same training materials used to train the Sexual Assault Response Coordinator under the program. ``(d) Performance Evaluations.--Performance evaluation reports pertaining to a member of the Armed Forces assigned to serve as a Sexual Assault Response Coordinator or Victim Advocate shall comment on the performance of the member in the position.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1568. Sexual assault prevention and response: Sexual Assault Response Coordinators and Victim Advocates.''. SEC. 4. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND VICTIM ADVOCATE SERVICES. (a) Access.--Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section: ``Sec. 1044e. Access to legal assistance and Victim Advocate services for victims of sexual assault ``(a) Access.--A member of the Armed Forces or a dependent of a member of the Armed Forces who is the victim of a sexual assault is entitled to legal assistance provided by a military legal assistance counsel and Victim Advocate services, regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault. ``(b) Restricted Reporting Option.--(1) A member or dependent referred to in subsection (a) may confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance, or counseling, without triggering an official investigation of the allegations. ``(2) Individuals covered by paragraph (1) are the following: ``(A) Military legal assistance counsel. ``(B) Sexual Assault Response Coordinator. ``(C) Victim Advocate. ``(D) Healthcare personnel. ``(E) Chaplain. ``(c) Privileged Communications.--(1) Communications between a member or dependent referred to in subsection (a) and a Victim Advocate, and records of such communications created by or for the Department of Defense, are confidential and privileged. Such communications and records may not be disclosed to any person or entity without the consent of the member or dependent involved. ``(2) No part of any communication or record referred to in paragraph (1) may be subject to discovery or admitted into evidence in any judicial or administrative proceeding without the consent of the member or dependent involved. ``(d) Definitions.--In this section: ``(1) The term `sexual assault' means any of the offenses covered by section 920 of this title (article 120). ``(2) The term `military legal assistance counsel' means-- ``(A) a judge advocate (as defined in section 801(13) of this title); or ``(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item: ``1044e. Access to legal assistance and Victim Advocate services for victims of sexual assault.''. (c) Conforming Amendment Regarding Provision of Legal Counsel.-- Section 1044(d)(3)(B) of such title is amended by striking ``sections 1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through 1044e''. SEC. 5. INCLUSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING MODULE AT EACH LEVEL OF PROFESSIONAL MILITARY EDUCATION. The Secretary of Defense shall provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education. The training shall be tailored to the new responsibilities and leadership requirements of members of the Armed Forces as they are promoted.

Defense Sexual Trauma Response Oversight and Good Governance Act (Defense STRONG Act) - Establishes within the Department of Defense (DOD) a Director of the Sexual Assault Prevention and Response Office to serve as the single point of authority, accountability, and oversight for DOD policy regarding prevention of and response to sexual assault, and to provide oversight to ensure that the sexual assault programs of the military departments comply with DOD policy. Requires the assignment within each military department of at least one full-time Sexual Assault Response Coordinator and one full-time Sexual Assault Victim Advocate, allowing the Secretary of the military department concerned to assign additional coordinators and/or advocates based on the demographics or needs of the unit. Allows only members of the Armed Forces (members) or DOD civilian personnel to be assigned as coordinators or advocates. Directs the Secretary of Defense to establish a professional training and certification program for such coordinators and advocates, and requires performance evaluations of all coordinators and advocates. Entitles any member, or dependent of a member, who is the victim of a sexual assault to legal assistance provided by a military legal assistance counsel and Victim Advocate service, regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the assault. Makes privileged any communications between a member or dependent and a Victim Advocate. Directs the Secretary to provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education.

To implement recommendations of the Defense Task Force on Sexual Assault in the Military Services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid for Trade Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the end of the Cold War affords the United States the opportunity to reevaluate its foreign assistance priorities; (2) the United States must leverage its foreign assistance program, in a humane and balanced way, to enhance American economic competitiveness and to build long-term commercial relationships with recipient countries; (3) notwithstanding an agreement by member nations of the Organization for Economic Cooperation and Development (OECD) to restrict the practice of tied aid, America's economic competitors are skillfully using their foreign assistance programs to expand markets for their goods; (4) at the same time, only 35 cents of the foreign aid dollar were spent on American goods in 1989, while in 1991, 70 percent of United States Economic Support Fund assistance was provided as cash; and (5) the Agency for International Development has not responded adequately to the need to use foreign assistance to develop long-term commercial relationships. SEC. 3. TRADE AND DEVELOPMENT AGENCY. (a) Authority To Finance Capital Projects.--Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(a)) is amended by inserting ``, including capital projects'' after ``development projects in developing and middle-income countries''. (b) Funding.--Section 661(f) of such Act (22 U.S.C. 2421(f)) is amended by adding at the end the following new paragraph: ``(3) Of the amounts authorized to be appropriated by part I of this Act other than chapter 1 (relating to development assistance), by chapter 4 of part II of this Act, or by section 201(b) of the Support for East European Democracy (SEED) Act of 1989, there is authorized to be available $435,000,000 for fiscal year 1994 to carry out this section.''. (c) Definition.--Section 661 of such Act is amended by adding at the end the following new subsection: ``(g) Definition.--The term `capital project' means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastructure, including related engineering design (concept and detail) and other services, the procurement of equipment (including any related services), and feasibility studies or similar engineering and economic services.''. SEC. 4. LIMITS ON CASH TRANSFERS. (a) Limitation.--For each of the following fiscal years, cash transfers shall not represent more than the corresponding percentage of Economic Support Funds: (1) For fiscal year 1994, 50 percent. (2) For fiscal year 1995, 45 percent. (3) For fiscal year 1996, 40 percent. (4) For fiscal year 1997, 35 percent. (5) For fiscal year 1998, 30 percent. (b) Definitions.--For purposes of this section-- (1) the term ``cash transfers'' means Economic Support Fund assistance provided as cash payments which are not used for the purchase of United States goods and services or the repayment of debt owed to the United States Treasury; and (2) the term ``Economic Support Funds'' means assistance under chapter 4 of part II of the Foreign Assistance Act of 1961. SEC. 5. PROCUREMENT REQUIREMENTS. (a) Procurement.--Section 604 of the Foreign Assistance Act of 1961 is amended to read as follows: ``SEC. 604. PROCUREMENT. ``(a) Statement of Policy.--It shall be the policy of the United States-- ``(1) to give preference to the procurement of commodities and services from the United States in foreign assistance programs using funds authorized to be appropriated by this Act; and ``(2) to the extent that United States suppliers, contractors and goods are eligible for procurements financed by such donor or lender countries, to permit suppliers, contractors and goods of other donor or lender countries to compete for United States Government-financed procurements. ``(b) Limitations on Procurement Outside the United States.-- ``(1) In general.--Funds made available for assistance under this Act may be used by the President for procurement only in the United States, the recipient country, or developing countries, except as provided otherwise in this subsection. For purposes of this section, the term `developing countries' shall not include advanced developing countries. ``(2) Other procurement.--The provisions of paragraph (1) shall be applicable except where it is determined that-- ``(A) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country described in paragraph (1); or ``(B) procurement in such other country is essential-- ``(i) to meet emergency situations; or ``(ii) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives, where such other country permits United States firms to compete for the procurement of similar commodities and services under its foreign assistance programs. ``(C) Delegation of authority.--With respect to determinations made by the agency primarily responsible for administering Part I (the `agency'), the authority to make determinations under subparagraph (B) shall-- ``(i) in the case of paragraph (2)(B)(i), not be delegated below the level of Mission Director, country representative or, with respect to determinations made in Washington, the responsible Assistant Administrator, as appropriate; and ``(ii) in the case of paragraph (2)(B)(ii) with respect to procurement transactions exceeding $100,000, not be delegated below the level of Assistant Administrator and, where such procurement is at or below that amount, below the level of Mission Director or country representative. ``(3) Procurement of motor vehicles.-- ``(A) In general.--None of the funds (including commodity import program assistance) made available to carry out this Act shall be used to finance the purchase, sale, long-term lease, exchange, or guaranty of a sale of motor vehicles unless such motor vehicles are manufactured in the United States. ``(B) Exception.--Subparagraph (A) shall not apply where a determination is made that-- ``(i) motor vehicles cannot be manufactured in the United States to meet demands when time is of the essence; ``(ii) there is a projected lack of adequate spare parts and service facilities for United States manufactured vehicles, based on information provided by the Buy-America Advocate; or ``(iii) there are no United States manufacturers for export of the particular type of vehicle needed. ``(C) Determination.--With respect to determinations made by the agency under subparagraph (B), such determinations shall be in writing and, in the case of a determination to procure in excess of 10 vehicles per project or in excess of 5 vehicles for use by a field mission, shall be made at a level not lower than the Assistant Administrator of such agency. ``(4) Price limitation.--No funds made available under this Act may be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase, adjusted for differences in the cost of transportation to destination, quality, and terms of payment. ``(5) Agriculture commodities.-- ``(A) In general.--In providing for the procurement of any agricultural commodity or product available for disposition under the Agricultural Trade Development and Assistance Act of 1954 for transfer by grant under this Act to any recipient country in accordance with its requirements, the President shall, insofar as practicable and when in furtherance of the purposes of this Act, authorize the procurement of such agricultural commodity only within the United States except to the extent that such agricultural commodity is not available in the United States in sufficient quantities to supply emergency requirements of recipients under this Act. ``(B) Limitation.--No funds made available under this Act may be used for the procurement of any agricultural commodity or product thereof outside the United States when the domestic price of such commodity is less than parity, unless the commodity to be financed could not reasonably be produced in the United States in fulfillment of the objectives of a particular assistance program under which such commodity procurement is to be financed. ``(6) Construction and engineering services.--Funds made available under this Act may be made available for the procurement of construction or engineering services from advanced developing countries eligible under the Geographic Code 941 which have attained a competitive capability in international markets for construction services only if such country-- ``(A) is receiving direct economic assistance under chapter 1 of part I or chapter 4 of part II of this Act, and ``(B) has its own foreign assistance programs which finance the procurement of construction or engineering services and permits United States firms to compete for those services. ``(7) Marine insurance.--In providing assistance in the procurement of commodities in the United States, United States dollars shall be made available for marine insurance on such commodities where such insurance is placed on a competitive basis in accordance with normal trade practice prevailing prior to the outbreak of World War II. In the event a participating country, by statute, decree, rule, or regulation, discriminates against any marine insurance company authorized to do business in any State of the United States, then commodities which are purchased with funds provided under this Act and which are destined for such country shall be insured in the United States against marine risk with a company or companies authorized to do a marine insurance business in any State of the United States. ``(c) Non-Project Assistance.-- ``(1) Commodity import programs.--None of the funds made available to carry out chapters 1 and 10 of part I and chapter 4 of part II of this Act may be used under any commodity import program to make any payment to a supplier unless the supplier has certified to the agency such information as such agency shall by regulation prescribe, including but not limited to, a description of the commodity supplied by the supplier, its condition, and its source and origin, and on the basis of such information such agency shall have approved such commodity as eligible and suitable for financing under this Act. ``(2) Certain cash transfer programs.-- ``(A) Restrictions on use of funds.--Funds made available under cash transfers or similar programs pursuant to chapters 1 and 10 of part I and chapter 4 of part II of this Act shall not be used to finance directly or indirectly, commodity import transactions unless such transactions meet agency requirements for United States source, origin, and nationality. ``(B) Exception.--Subparagraph (A) shall not apply where the proposed use of such funds to directly or indirectly finance transactions from countries other than the United States is approved by the responsible Assistant Administrator or higher-level official of the agency. ``(d) Annual Report.--The Administrator of the agency shall submit an annual procurement report to Congress which-- ``(1) details procurement by the agency of United States commodities and services during the preceding reporting period; ``(2) compares Buy-America procurement for the same period of the preceding year; ``(3) contains data for all agency activities that reflect the percentages of commodities and services financed by the agency that are of United States source or origin; ``(4) analyzes mission or bureau programs to identify shortfalls in performance in meeting Buy-America requirements contained in law and regulations; and ``(5) identifies remedial action to overcome such shortfalls.''. (b) Buy-America Advocate.--Part III of the Foreign Assistance Act of 1961 is amended by inserting after section 604 (as amended by this section) the following new section: ``SEC. 604A. BUY-AMERICA ADVOCATE. ``(a) Designation of Functions.--The Administrator of the agency primarily responsible for administering part I shall designate within the agency a Buy-America Advocate for the purpose of fostering the participation of United States business in the development process. The Buy-America Advocate shall be a senior career employee of the agency and shall have experience in commodity import transactions and private enterprise activities. The Advocate shall report directly to the Administrator with respect to the responsibilities described in subsection (b). ``(b) Responsibilities of the Buy-America Advocate.--The Buy- America Advocate shall have such responsibilities and duties as the Administrator shall determine including, in conjunction with other agency offices as appropriate-- ``(1) to have access to and the authority to review all documentation involving procurement activities of the agency; ``(2) to have full access to technical services and information involving procurement activities, particularly the procurement of commodities and the entering into of contracts, including all information provided under the Buy America Reporting System (BARS) or any successor system to BARS; ``(3) to review all programs involving cash transfers to determine whether a commodity import program would accomplish the same policy objectives as the cash transfer; any disagreement with a determination by the Buy-America Advocate that the same policy objectives can be accomplished by a commodity import program shall, as appropriate, be resolved by the Administrator; ``(4) to receive and review all waiver actions approved at the level of Assistant Administrator and, based on that review, to recommend to the Administrator, as appropriate, any actions which may be necessary to ensure that Buy America procurement opportunities are maximized; ``(5) to develop and support general outreach activities with the United States business community, including procedures whereby interested United States contractors and suppliers can be apprised of, and encouraged to participate in, prospective procurement actions under this Act; ``(6) to coordinate its efforts with agency officials who perform duties in the area of trade and investment promotion and information; and ``(7) to assist in the preparation of the report required in section 604(d). ``(c) Support.--The Administrator shall ensure that the Buy-America Advocate is assisted by qualified staff and receives such other support, including access to all procurement documentation of the Agency, as may be necessary to carry out the responsibilities specified in this section.''. (c) Repeals.--Sections 496(n)(4) and 636(i) of the Foreign Assistance Act of 1961 are repealed. SEC. 6. OECD AGREEMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall submit a report to Congress on the agreement of the Organization for Economic Cooperation and Development (OECD) to restrict tied aid practices. (b) Content of Report.--The report required by subsection (a) shall include-- (1) the intentions and history of the agreement; (2) a review of efforts by other signatory nations to circumvent the OECD agreement; (3) an assessment of whether the OECD agreement is enforceable; (4) an estimate of the value of ongoing tied aid projects; and (5) a recommendation on whether the United States should reopen negotiations. S 722 IS----2

Aid for Trade Act of 1993 - Amends the Foreign Assistance Act of 1961 to earmark foreign assistance funds for Trade and Development Agency projects in developing and middle-income countries. Limits the percentage of Economic Support Fund assistance to be used for cash transfers in FY 1994 through 1998. Declares that it is U.S. policy to give preference to the procurement of U.S. commodities and services in foreign assistance programs. Expands, and revises the authority to make, exceptions to a prohibition on the use of foreign assistance funds to procure motor vehicles that are not manufactured in the United States. (Currently, the President is authorized to waive the prohibition in special circumstances.) Bars the use of foreign assistance funds made available under cash transfers to finance commodity import transactions unless such transactions meet agency requirements for U.S. source, origin, and nationality (or unless such use is officially approved). Designates a Buy-America Advocate within the agency primarily responsible for administering development assistance under the Foreign Assistance Act of 1961. Directs the Secretary of the Treasury to report to the Congress on the agreement of the Organization of Economic Cooperation and Development to restrict tied aid practices.

Aid for Trade Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Monitoring Clarification Act''. SEC. 2. CLARIFICATION RELATING TO CREDIT MONITORING SERVICES. (a) In General.--Section 403 of the Credit Repair Organizations Act (15 U.S.C. 1679a) is amended-- (1) by striking ``For purposes of this title'' and inserting ``(a) In General.--For purposes of this title''; and (2) by adding at the end the following new subsection: ``(b) Clarification With Respect to Certain Credit Monitoring Services Under Certain Circumstances.-- ``(1) In general.--Subject to paragraph (2), the following shall not be considered activities described in clause (i) of subsection (a)(3)(A): ``(A) The provision of, or provision of access to, credit reports, credit monitoring notifications, credit scores and scoring algorithms, and other credit score- related tools to a consumer (including generation of projections and forecasts of such consumer's potential credit scores under various prospective trends or hypothetical or alternative scenarios). ``(B) Any analysis, evaluation, and explanation of such actual or hypothetical credit scores, or any similar projections, forecasts, analyses, evaluations or explanations. ``(C) In conjunction with offering any of the services described in subparagraph (A) or (B), the provision of materials or services to assist a consumer who is a victim of identity theft. ``(2) Conditions for application of paragraph (1).-- Paragraph (1) shall apply with respect to any person engaging in any activity described in such paragraph only if-- ``(A) the person does not represent, expressly or by implication, that such person-- ``(i) will or can modify or remove, or assist the consumer in modifying or removing, adverse information that is accurate and not obsolete in the consumer's credit report; or ``(ii) will or can alter, or assist the consumer in altering, the consumer's identification to prevent the display of the consumer's credit record, history, or rating for the purpose of concealing adverse information that is accurate and not obsolete; ``(B) in any case in which the person represents, expressly or by implication, that it will or can modify or remove, or assist the consumer in modifying or removing, any information in the consumer's credit report, except for a representation with respect to any requirement imposed on the person under section 611 or 623(b) of the Fair Credit Reporting Act, the person discloses, clearly and conspicuously, before the consumer pays or agrees to pay any money or other valuable consideration to such person, whichever occurs first, the following statement: ```NOTICE: Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.'''; ``(C) the person discloses, clearly and conspicuously, to the consumer the following statement-- ``(i) in writing; and ``(ii) except as provided in subparagraph (D), before the consumer pays or agrees to pay any money or other valuable consideration to such person, whichever occurs first: ```Your Rights Concerning Your Consumer Credit File ```You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. ```You have the right to cancel your contract with a credit monitoring service without fee or penalty at any time, and if you have prepaid for more than one month of a credit monitoring service, you will receive a pro rata refund if you cancel. ```The Federal Trade Commission regulates credit bureaus and credit monitoring services. For more information contact: ```Federal Trade Commission ```Washington, D.C. 20580 ```1-877-FTC-HELP ```www.ftc.gov.'''; ``(D) in the case where a consumer pays or agrees to pay for the service during a telephone call, an in- person conversation or other oral communication, the person discloses to the consumer the following statements: ``(i) during the telephone call, in-person conversation or other oral communication and before the consumer pays or agrees to pay for the service, whichever occurs first-- ``(I) you have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies; ``(II) if the contract is for a credit monitoring service, the following additional statement: `You may cancel the credit monitoring service without fee or penalty at any time'; and ``(III) if the consumer is billed for a credit monitoring service on other than a monthly basis, the following additional statement: `You will receive a pro rata refund if you cancel'; and ``(ii) within 30 days of the telephone call, in-person conversation or other oral communication, the written statement provided for in subparagraph (C); and ``(E) in any case in which the person offers a subscription to a credit monitoring program to a consumer-- ``(i) the consumer may cancel the credit monitoring service at any time upon written notice to the person without penalty or fee for such cancellation; and ``(ii) in any case in which the consumer is billed for the credit monitoring service on other than a monthly basis, the person shall make a pro rata refund to the consumer of any fee prepaid by the consumer. The pro rata refund shall be calculated from the date that the person receives the consumer's notice of cancellation until the end of the period. The person shall issue the refund required under this subparagraph to the consumer within 60 days of receipt of the consumer's notice of cancellation.''. (b) Clarification of Nonexempt Status.--Section 403(a) of the Credit Repair Organizations Act (15 U.S.C. 1679a) (as so redesignated by subsection (a) of this section) is amended, in paragraph (3)(B)(i), by inserting ``and is not for its own profit or for that of its members'' before the semicolon at the end. (c) Revision of Disclosure Requirement.--Section 405(a) of the Credit Repair Organizations Act (15 U.S.C. 1679c) is amended by striking everything after the heading of the disclosure statement contained in such section and inserting the following new text of the disclosure statement: ``You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any `credit repair' company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. ``You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. ``You have a right to sue a credit repair organization that violates the Credit Repair Organizations Act. This law prohibits deceptive practices by credit repair organizations. ``You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. ``Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. ``You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. ``If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. ``The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: ``Federal Trade Commission ``Washington, D.C. 20580 ``1-877-FTC-HELP ``(877-382-4357) ``www.ftc.gov.''. (d) Effective Date.--Section 403(b)(2)(E) of the Credit Repair Organizations Act shall take effect upon the enactment of this Act. The requirements for written disclosures under sections 403(b)(2)(B), 403(b)(2)(C) and 403(b)(2)(D), as applicable, shall take effect 90 days after enactment of this Act. (e) Disclosure Updates.--The written disclosures required under section 403(b)(2)(D) and section 405(a) of the Credit Repair Organizations Act (15 U.S.C. 1679 et seq.) (as amended by this Act) shall, if any changes are made to the centralized source contact information for obtaining a free credit report, be updated by the parties distributing the disclosures.

Credit Monitoring Clarification Act - Amends the Credit Repair Organizations Act to cite conditions under which provision to a consumer of credit reports, credit score analysis, and assistance in a case of identity theft shall not be considered as an activity to improve a consumer's credit status, which is subject to regulation under such Act. Exempts from regulation under such Act any person (credit repair organization, or CRO) representing that it can modify or remove, or assist the consumer in modifying or removing, any information in the consumer's credit report if the CRO gives clear and conspicuous notice, before the consumer pays or agrees to pay it, that: (1) neither the consumer nor anyone else has the right to have accurate and current information removed from a credit report; and (2) the consumer has the right to dispute any inaccurate information by contacting the credit bureau directly. Requires a CRO, to qualify for this exemption from regulation, also to give the consumer, before payment or agreement to pay, a specified disclosure entitled "Your Rights Concerning Your Consumer Credit File."

To amend the Credit Repair Organizations Act to clarify the applicability of certain provisions to credit monitoring services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Future Farmers of America Commemorative Coin Act of 2009''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Future Farmers of America Organization makes a positive difference in the lives of students by developing their potential for leadership, personal growth, and career success through agricultural education; (2) the National Future Farmers of America Organization was founded in 1928, as the ``Future Farmers of America'', to provide leadership training for high school students of vocational agriculture; (3) the National Future Farmers of America Organization created a national agricultural education model for use in public school systems that has been adopted by youth leadership organizations throughout the world; (4) the National Future Farmers of America Organization prepares its student members to think critically, work in teams, and be successful in more than 300 careers relating to the science, business, and technology of agriculture; (5) approximately 9,000,000 living former members of the National Future Farmers of America Organization are prominent industry executives, members of Congress, community members, farmers, and productive United States citizens; (6) in 2009, the National Future Farmers of America Organization had 507,763 members in more than 7,400 local chapters in all 50 States, Puerto Rico, and the United States Virgin Islands; (7) the Future Farmers of America was chartered by Congress in 1950, and continues to be an intra-curricular educational organization within public school systems throughout the United States; and (8) October 2012 will mark the beginning of a year of celebration in honor of the 85th anniversary of the founding of the National Future Farmers of America Organization, which took place at the first national convention of the National Future Farmers of America Organization. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the National Future Farmers of America Organization and the 85th anniversary of the National Future Farmers of America Organization, the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue-- (1) not more than 100,000 gold coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy; and (2) not more than 500,000 silver coins, which shall-- (A) weigh 26.7 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 85-year history of the National Future Farmers of America Organization. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''; and (C) an inscription of the year 2012. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the National Future Farmers of America Organization and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of Issuance.--The Secretary may issue coins under this Act only for the 1-year period beginning on January 1, 2012. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and minting the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $25 per gold coin and $10 per silver coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the Secretary shall pay all of the surcharges received by the Secretary from the sale of coins minted under this Act to the National Future Farmers of America Foundation in Indianapolis, Indiana, for the creation of an endowment to enhance and expand programs that encourage the development of leadership skills, personal growth, and career success through agricultural education and the Future Farmers of America. (c) Audits.--The Comptroller General of the United States is authorized to examine such books, records, documents, and other data of the organization described in subsection (b) as may be related to the expenditures of amounts paid under subsection (b).

National Future Farmers of America Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue gold and silver coins in commemoration of the National Future Farmers of America Organization and the 85th anniversary of such Organization. Authorizes the issuance of coins under this Act only for a one year period, beginning on January 1, 2012. Requires all sales of coins minted under this Act to include a surcharge of $25 per gold coin and $10 per silver coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Future Farmers of America Foundation in Indianapolis, Indiana, for the creation of an endowment to enhance and expand programs that encourage the development of leadership skills, personal growth, and career success through agricultural education and the Future Farmers of America.

To require the Secretary of the Treasury to mint coins in commemoration of the National Future Farmers of America Organization and the 85th anniversary of the founding of the National Future Farmers of America Organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Processed Food Safety Act of 2009''. SEC. 2. POULTRY SAFETY. (a) Definition of Misbranded.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (5)-- (A) by inserting ``(A)'' after ``(5)''; (B) by striking ``showing (A) the name'' and inserting the following: ``showing-- ``(i) the name''; (C) by striking ``distributor; and (B) an accurate'' and inserting the following: ``distributor; ``(ii) subject to subparagraph (B), an accurate''; and (D) by striking ``count: Provided, That under clause (B) of this subparagraph (5), reasonable'' and inserting the following: ``count; and ``(iii) an accurate description of each cut of poultry or poultry product contained in the package or other container; and ``(B) except that under subparagraph (A)(ii), reasonable''; (2) in paragraph (7)(B), by striking ``(other than spices, flavoring, and coloring)''; and (3) in paragraph (9)(B), by striking ``; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each''. (b) Prohibited Acts.--Section 9 of the Poultry Products Inspection Act (21 U.S.C. 458) is amended-- (1) in paragraph (5), by striking the period at the end and adding ``or''; and (2) by adding at the end the following: ``(6) sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any poultry or poultry product that is capable of use as human food, unless the person (including any slaughterer, poultry products broker, renderer, processor, reprocessor, retail food store, or official establishment) affirmatively certifies to the Secretary that-- ``(A) each ingredient in the poultry or poultry product that was added, modified, or otherwise handled by the person has undergone a pathogen reduction treatment in accordance with requirements of the Secretary that will reduce the presence of pathogens of public health concern and other harmful food borne contaminants; or ``(B) the person has tested and certified that each ingredient in the poultry or poultry product that was added, modified, or otherwise handled by the person contains no verifiable traces of pathogens.''. (c) Phase-In Period.--Paragraph (6) of section 9 of the Poultry Products Inspection Act (as added by subsection (b)(2)) shall not apply until the date that is 18 months after the date of enactment of this Act. SEC. 3. MEAT SAFETY. (a) Definition of Misbranded.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) in paragraph (5)-- (A) by inserting ``(A)'' after ``(5)''; (B) by striking ``showing (A) the name'' and inserting the following: ``showing-- ``(i) the name''; (C) by striking ``distributor; and (B) an accurate'' and inserting the following: ``distributor; ``(ii) subject to subparagraph (B), an accurate''; and (D) by striking ``count: Provided, That under clause (B) of this subparagraph (5), reasonable'' and inserting the following: ``count; and ``(iii) an accurate description of each cut of meat or meat food product contained in the package or other container; and ``(B) except that under subparagraph (A)(ii), reasonable''; (2) in paragraph (7)(B), by striking ``(other than spices, flavoring, and coloring)''; and (3) in paragraph (9)(B), by striking ``; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each''. (b) Prohibited Acts.--Section 10 of the Federal Meat Inspection Act (21 U.S.C. 610) is amended-- (1) by striking ``sec. 10. No person'' and inserting the following: ``SEC. 10. PROHIBITED ACTS. ``No person''; (2) in subsection (c)-- (A) by striking ``in commerce (1) any'' and inserting the following: ``in commerce-- ``(A) any''; (B) by striking ``which (A) are capable of use as human food and (B) are'' and inserting the following: ``that-- ``(i) are capable of use as human food; and ``(ii) are''; and (C) by striking ``(2) any'' and inserting the following: ``(B) any''; (3) by redesignating subsections (a) through (d) as paragraphs (1) through (4), respectively, and indenting appropriately; (4) in paragraph (4) (as so redesignated), by striking the period at the end and inserting ``; or''; and (5) by adding at the end the following: ``(5) sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any meat or meat food product that is capable of use as human food, unless the person, firm, or corporation (including any slaughterer, meat broker, renderer, processor, reprocessor, retail food store, or official establishment) affirmatively certifies to the Secretary that-- ``(A) each ingredient in the meat or meat food product that was added, modified, or otherwise handled by the person, firm, or corporation has undergone a pathogen reduction treatment in accordance with requirements of the Secretary that will reduce the presence of pathogens of public health concern and other harmful food borne contaminants; or ``(B) the person, firm, or corporation has tested and certified that each ingredient in the meat or meat food product that was added, modified, or otherwise handled by the person, firm, or corporation contains no verifiable traces of pathogens.''. (c) Phase-In Period.--Paragraph (5) of section 10 of the Federal Meat Inspection Act (as added by subsection (b)(5)) shall not apply until the date that is 18 months after the date of enactment of this Act. SEC. 4. FOOD SAFETY. (a) Pathogen Reduction Treatment.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 418. PATHOGEN REDUCTION TREATMENT. ``(a) In General.--The Secretary shall promulgate regulations requiring each facility registered under section 415 to apply pathogen reduction treatments to each food, as the Secretary determines appropriate, that such facility manufactures, processes, packages, or holds for consumption in the United States. ``(b) Certification.--The Secretary shall promulgate regulations requiring each facility described in subsection (a) to certify to the Secretary that-- ``(1) each food manufactured, processed, packaged, or held (including each ingredient of such food that is added, modified, or otherwise handled) by such facility contains no verifiable traces of pathogens; or ``(2) each food leaving such facility has received pathogen reduction treatments, as required by the regulations promulgated under such subsection.''. (b) Phase-In Period.--The requirements under section 418(b) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall not apply until the date that is 18 months after the date of enactment of this Act. (c) Technical Amendment.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j) If the facility has not provided a certification required under section 418.''. (d) Labeling With Respect to Spices, Flavoring, and Coloring.-- Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended-- (1) in paragraph (g), by striking ``(other than spices,'' and inserting ``(including spices,''; (2) in paragraph (i), by striking ``; except that spices, flavorings, and colors not required to be certified under section 721(c) unless sold as spices, flavorings, or such colors, may be designated as spices, flavorings, and colorings without naming each''; (3) in paragraph (k), by striking ``The provisions of this paragraph and paragraphs (g) and (i) with respect to artificial coloring shall not apply in the case of butter, cheese, or ice cream.''; and (4) in paragraph (x), by striking ``Notwithstanding subsection (g), (i), or (k), or any other law, a'' and inserting ``A''.

Processed Food Safety Act of 2009 - Amends the Poultry Products Inspection Act and the Federal Meat Inspection Act to prohibit the sale or transport in commerce of any processed poultry, poultry product, meat, or meat food product capable of human consumption that has not undergone a pathogen reduction treatment for each ingredient or been certified to contain no verifiable traces of pathogens. Amends the Federal Food, Drug, and Cosmetic Act to require each registered facility to: (1) apply pathogen reduction treatments to each food that it manufactures, processes, packages, or holds for consumption in the United States; and (2) certify that each such food contains no verifiable traces of pathogens, or that each such food leaving the facility has received required pathogen reduction treatments. Requires coloring, synthetic flavorings, and spices used in such products to be named.

A bill to amend the Poultry Products Inspection Act, the Federal Meat Inspection Act, and the Federal Food, Drug, and Cosmetic Act to require processors of food products to certify to the applicable Secretary that the processed food products are not adulterated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Anti-Sex Offender Protection Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) Immigration law allows citizens and aliens lawfully admitted for permanent residence to bring foreign family members to the United States on the basis of immediate relative status or a preference classification. (2) Immediate relative status and preference classifications are obtained by filing petitions with the Secretary of Homeland Security. (3) For national security purposes, the Secretary of Homeland Security conducts background checks on the beneficiaries of such petitions and, since September 11, 2001, on the petitioners as well. (4) The Government Accountability Office (GAO) has determined that, in fiscal year 2005, at least 398 of the petitioners who filed family-based visa petitions were on the National Sex Offender Registry maintained by the Federal Bureau of Investigations. (5) GAO was only able to ascertain the nature of the sex offense for 194 of the 398 petitioners. (6) GAO was able to ascertain, however, that 119 of the convictions were for sex assault, 35 for child fondling, 9 for strong arm rape, 9 for carnal abuse combined with a sexual assault, 7 were for statutory rape, 4 for crimes against persons, 3 for indecent exposure, 2 for kidnapping, 2 for obscene material possession, 1 for exploitation of a minor with photographs, 1 for incest with a minor, 1 for sodomizing a boy, and 1 for restricting movement. (7) At least 14 of the 398 petitioners were classified as ``sexual predators'', which means a determination had been made that they are likely to commit additional sex offenses. (8) At least 45 of the petitioners were convicted of sex offenses against children. (9) The Immigration and Nationality Act does not provide the Secretary of Homeland Security with authorization to deny family-based petitions on the basis of a petitioner's conviction for a sex offense, even when the conviction record indicates that a spouse or a child beneficiary may be in grave danger. SEC. 3. DISCRETIONARY AUTHORITY TO DENY FAMILY-SPONSORED CLASSIFICATION PETITION BY PETITIONER LISTED ON NATIONAL SEX OFFENDER REGISTRY. Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(l) Authority to Deny Family-Based Petition by Petitioner Listed on National Sex Offender Registry.-- ``(1) In general.--The Secretary Homeland Security may, in the discretion of the Secretary, deny a petition under subsection (a) for classification of a spouse or child if-- ``(A) the Secretary has confirmed that the petitioner is on the national sex offender registry maintained by the Federal Bureau of Investigation for a conviction that individually (disregarding any aggregation due to any other conviction) resulted in incarceration for more than 1 year; ``(B) the petitioner has been given at least 90 days to establish that the petitioner is not the person named on the registry or that the conviction did not result in incarceration for more than 1 year and has failed to establish such fact; and ``(C) the Secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. ``(2) Determining danger.--In making the determination under paragraph (1)(C), the Secretary shall use the following principles: ``(A) Nature of the relationship.--In evaluating a petitioner who has filed a petition for a spouse, consideration should be given to indications of how well the petitioner and the spouse know each other. Petitions filed on the basis of marriages between men and women who have had little direct, personal contact with each other should be viewed with suspicion. In cases where the petitioner and the spouse have had little direct, personal contact with each other, evidence should be submitted to establish that they have gotten to know each other in some other way. ``(B) Nature of the sex offense.--Consideration should be given to when each offense occurred for which the petitioner was incarcerated for more than a year, how serious it was, the sentence that was imposed, how long the petitioner was incarcerated, the age of the petitioner when it was committed, and the characteristics of the victim. ``(C) Rehabilitation.--Evidence of rehabilitation should be evaluated with respect to whether it diminishes the risk of sexual abuse to the primary or derivative spouse or child beneficiaries. ``(D) Previous visa petitions.--The records for any previous petitions shall be examined to determine whether they provide or might lead to evidence that is pertinent to determining whether granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. ``(3) Rebuttal.--If the Secretary intends to deny a petition under paragraph (1), the Secretary shall provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least 90 days to submit rebuttal evidence. Rebuttal should focus primarily on the factors that led the Secretary to believe that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. ``(4) Post-denial remedies.-- ``(A) Appeal.--All final denials under paragraph (1) may be appealed to the Board of Immigration Appeals. ``(B) New petition.--The petitioner may file a new petition whenever the petitioner has additional evidence that the petitioner believes might be sufficient to warrant granting the new petition. ``(5) Disclosure by the secretary of homeland security to beneficiaries.--In all cases in which it has been confirmed that the name of a petitioner under subsection (a) is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, and regardless of whether the Secretary may exercise discretion under paragraph (1), the Secretary shall give the petitioner at least 90 days to establish that the petitioner is not the person named on the registry. If the petitioner fails to establish that the petitioner is not the person named on the registry within the time allotted, the Secretary shall provide the beneficiaries with a written copy of the information on the registry that is available to the public before making a decision on the petition. The beneficiary shall be informed that the registry information is based on available records and may not be complete. ``(6) Disclosure to department of state.--In all cases in which it has been confirmed that the name of a petitioner under subsection (a) is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, and regardless of whether the Secretary may exercise discretion under paragraph (1), the Secretary shall provide the Secretary of State with-- ``(A) a separate document with information about the record on the national sex offender registry that is available to the public; ``(B) any additional information it has that raises concern that a primary or derivative spouse or child beneficiary may be subject to sexual abuse, including information from the registry that is not available to the public; and ``(C) information about any previous petitions under subsection (a) filed by the petitioner. ``(7) Disclosure by consular officer to beneficiaries.-- When a petition under subsection (a) is granted, if the petition is filed by a petitioner who has failed to make the demonstration of mis-identification described in paragraph (5), the consular officer shall conduct an interview with the primary or derivative spouse or child beneficiary of the petition before issuing a visa to the beneficiary. At least part of the interview must be held without the presence of the petitioner. During the private part of the interview, the beneficiary will be given a written copy of the information about the petitioner from the registry that is available to the public. This document must be written in the beneficiary's primary language. The consular officer is required to advise the beneficiary that approval of the visa petition does not mean that there are no reasons to be concerned about his or her safety. ``(8) Additional responsibilities of consular officer.--The consular officer may return files to the Secretary of Homeland Security for further consideration in cases where the consular officer is concerned that granting the visa might put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. When returning a file under the previous sentence, the consular officer may add any additional information or observations the officer has that might have a bearing on whether the visa should be granted, including the results of any field examination that has been conducted.''. SEC. 4. REMOVAL OF CONDITIONAL PERMANENT RESIDENT STATUS. (a) Identify and Provide Assistance for Spouses and Children Who Are Subject to Sexual Abuse or Related Types of Harm.--Section 216(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1186a(d)(3)) is amended-- (1) by inserting before ``The interview'' the following: ``(A) In general.--Subject to subparagraph (B), the interview''; and (2) by adding at the end the following: ``(B) Petitioner listed on national sex offender registry.--In all cases where the Secretary of Homeland Security has confirmed that a petitioning spouse is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, an interview with the alien spouse, and any alien sons or daughters, shall be required prior to removal of the conditional status, and at least part of the interview shall be held without the presence of the petitioning spouse. During the private portion of the interview, questions will be asked to determine whether an investigation should be conducted regarding the welfare of the alien spouse, or any alien son or daughter. If it is determined that any alien spouse, son, or daughter is being abused or harmed by the petitioning spouse, the victim shall be offered whatever assistance is appropriate, including information on ways to remain in the United State that do not depend on continuing the qualifying marriage.''. (b) Hardship Waiver in Cases Where the Alien Spouse or Child Is Subject to Sexual Abuse.--Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) 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 inserting after subparagraph (C) the following: ``(D) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse, or a son or daughter of the spouse, was sexually abused and the alien was not at fault in failing to meet the requirements of paragraph (1).''. SEC. 5. SPECIAL TASK FORCE TO IDENTIFY PEOPLE NAMED ON THE NATIONAL SEX OFFENDER REGISTRY WHO HAVE FILED FAMILY-BASED CLASSIFICATION PETITIONS. (a) In General.--The Secretary of Homeland Security shall establish a task force, to be known as the ``Task Force to Rescue Immigrant Victims of American Sex Offenders''. The task force shall consist of officials from Federal, State, and local law enforcement agencies with experience in domestic violence, sex crimes, immigration law, trafficking in humans, organized crime, or any other area of experience which may be useful in completing the duties described in subsection (b). (b) Duties.--The duties of the task force shall be the following: (1) Working back in time from the date of the establishment of the task force, identifying individuals on the Federal Bureau of Investigation's sex offender registry who have filed family-based petitions under section 204(a) of the Immigration and Nationality Act. When a confirmed match has been made with the sex offender registry, the task force should ascertain whether the petitioner filed previous petitions. (2) Maintaining the information about the petitioners in a comprehensive database. (3) Prioritizing the information according to the likelihood that primary or derivative spouse or child beneficiaries are in danger of sexual abuse. (4) Developing a system for investigating the cases in which beneficiaries may be at risk and providing them with information on how to seek assistance if they are abused. (5) Except for information on the registry that is available to the public, protecting the information produced by its investigations in accordance with the privacy rights of everyone involved in the investigation. (6) Taking whatever other actions as are reasonable and appropriate when investigations lead to information about sexual abuse or other criminal activities, including notifying State and local police departments, government offices, public organizations that provide assistance to victims of sexual abuse, and religious organizations. (c) Report to Congress.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the findings and recommendations of the task force. The report shall include the following: (1) An analysis of the information obtained in searching visa petition and national sex offender registry records. (2) The results of any investigations conducted by the task force. (3) Recommendations on administrative and legislative actions that would assist in identifying and protecting immigrant victims of sexual abuse or related harm. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Amounts appropriated under this section shall remain available until expended. SEC. 7. REGULATIONS. Regulations implementing this Act shall be promulgated in final form not later than 180 days after the date of the enactment of this Act.

Foreign Anti-Sex Offender Protection Act of 2006 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to deny a family-based immigration petition by a U.S. petitioner for an alien spouse or child if: (1) the Secretary has confirmed that the petitioner is on the national sex offender registry for a conviction that individually resulted in incarceration for more than one year; (2) the petitioner has been given at least 90 days to rebut such information and has failed to do so; and (3) the Secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. Directs the Secretary to base such petitioner evaluation upon: (1) the nature of the relationship; (2) the nature of the sex offense; (3) rehabilitation; and (4) previous visa petitions. Directs the Secretary to provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least 90 days to submit rebuttal evidence. Provides post-denial remedies through: (1) the Board of Immigration Appeals; and (2) a new petition filing based on additional evidence. States that where the Secretary has confirmed that the petitioner is listed on the national sex offender registry: (1) an interview with the alien spouse, and any alien sons or daughters, shall be required prior to removal of conditional permanent resident status; and (2) if there is abuse or harm by the petitioner the victim shall be offered appropriate assistance, including information on ways to remain in the United State that do not depend on continuing the qualifying marriage. Provides a hardship waiver in cases of sexual abuse of the alien spouse or child. Directs the Secretary to establish the Task Force to Rescue Immigrant Victims of American Sex Offenders.

To prevent sex offenders from using immigration laws to bring innocent, unsuspecting victims into the United States.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe, Efficient, and Transparent Medical Device Approval Act'' or the ``SET Device Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment of schedule and promulgation of regulation. Sec. 4. Modification of de novo application process. SEC. 2. FINDINGS. Congress finds as follows: (1) Under the Safe Medical Devices Act of 1990 (Public Law 101-629), Congress amended section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) to require the Food and Drug Administration to reclassify preamendment class III devices to a lower class or to require them to go through the premarket approval process. (2) The Food and Drug Administration has not yet complied with the mandate of Congress under such Act. (3) The de novo process, created by the Food and Drug Administration Modernization Act of 1997 (Public Law 105-115), is an approval mechanism by which the Food and Drug Administration may down-classify, to class I or class II, devices that have no predicates and thus are designated class III, but are deemed to be of low to moderate risk. The process avoids having novel, low- to moderate-risk devices go through the premarket approval process. Under the current de novo process, the manufacturer must first make a submission under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), even if no known predicate device exists. A 2011 Institute of Medicine report found that, between 2005 and 2009, review times for novel therapeutic devices through the de novo process nearly tripled. The report concluded that the current de novo process has not met its potential as an alternative regulatory pathway, and recommended the establishment of a modified de novo process. SEC. 3. ESTABLISHMENT OF SCHEDULE AND PROMULGATION OF REGULATION. (a) Establishment of Schedule.--Not later than 120 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 establish the schedule referred to in section 515(i)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(i)(3)) for each device that the Secretary requires to remain in class III through a determination under section 515(i)(2) of such Act. (b) Action Regarding Class II and III.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (1) issue a final regulation under section 515(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(b)) for each device that the Secretary requires to remain in class III through a determination under section 515(i)(2) of such Act; and (2) establish the special controls required by section 513(a)(1)(B) of such Act (21 U.S.C. 360c(a)(1)(B)) for each device that is classified into class II pursuant to a determination revising the classification of the device under section 515(i)(2) of such Act. SEC. 4. MODIFICATION OF DE NOVO APPLICATION PROCESS. (a) In General.--Section 513(f)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(f)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) by amending subparagraph (A) to read as follows: ``(A) In the case of a type of device that has not previously been classified under this Act, a person may do one of the following: ``(i) Submit a report under section 510(k), and, if the device is classified into class III under paragraph (1), such person may request, not later than 30 days after receiving written notice of such a classification, the Secretary to classify the device under the criteria set forth in subparagraphs (A) through (C) of subsection (a)(1). The person may, in the request, recommend to the Secretary a classification for the device. Any such request shall describe the device and provide detailed information and reasons for the recommended classification. ``(ii) Submit a request for initial classification of the device under this subparagraph, if the person declares that there is no legally marketed device upon which to base a substantial equivalence determination as that term is defined in section 513(i). Subject to subparagraph (B), the Secretary shall classify the device under the criteria set forth in subparagraphs (A) through (C) of subsection (a)(1). The person submitting the request for classification under this subparagraph may recommend to the Secretary a classification for the device and shall include in the request an initial draft proposal for applicable special controls, as described in subsection (a)(1)(B), that are necessary, in conjunction with general controls, to provide reasonable assurance of safety and effectiveness and a description of how the special controls provide such assurance.''; (3) by inserting after subparagraph (A) the following: ``(B) The Secretary may decline to undertake a classification request submitted under clause (2)(A)(ii) if the Secretary identifies a legally marketed device that could provide a reasonable basis for review of substantial equivalence under paragraph (1), or when the Secretary determines that the device submitted is not of low-moderate risk.''; and (4) in subparagraph (C), as so redesignated-- (A) in clause (i), by striking ``Not later than 60 days after the date of the submission of the request under subparagraph (A),'' and inserting ``Not later than 90 days after the date of the submission of the request under subparagraph (A)(i) or 120 days after the date of the submission of the request under subparagraph (A)(ii),''; and (B) in clause (ii), by inserting ``or is classified in'' after ``remains in''. (b) GAO Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit to Congress a report on the effectiveness of the review pathway under section 513(f)(2)(A) of the Federal Food, Drug, and Cosmetic Act, as amended by this Act. (c) Conforming Amendment.--Section 513(f)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(f)(1)(B)) is amended by inserting ``a request under paragraph (2) or'' after ``response to''.

Safe, Efficient, and Transparent Medical Device Approval Act or the SET Device Act - Directs the Secretary of Health and Human Services (HHS), within 120 days of enactment of this Act, to establish the schedule for the promulgation of a regulation requiring premarket approval for a medical device that the Secretary requires to remain in class III. Directs the Secretary, within 18 months, to: (1) issue a final regulation for each device that the Secretary requires to remain in class III, and (2) establish the required special controls for each device that is classified into class II pursuant to a determination revising such devise's classification. Amends the Federal Food, Drug, and Cosmetic Act to permit a person to: (1) submit a request for initial classification of a device that has not previously been classified under such Act if the person declares that there is no legally marketed device upon which to base a substantial equivalence determination; and (2) recommend to the Secretary a classification for the device and include in the request an initial draft proposal for applicable special and general controls that are necessary to provide reasonable assurance of safety and effectiveness. Permits the Secretary to decline to undertake a classification request if the Secretary identifies a legally marketed device that could provide a reasonable basis for review of substantial equivalence or if the Secretary determines that the device submitted is not of low-moderate risk.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to medical device regulation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Stockpile Modernization Act of 1993''. SEC. 2. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS IN THE NATIONAL DEFENSE STOCKPILE. (a) Disposal Required.--Except as provided in subsection (b), in order to reduce the quantities of materials in the National Defense Stockpile that are obsolete for military purposes or in excess supply in the stockpile, the President shall dispose of materials in the stockpile in the quantities set forth in the following table: Required Stockpile Disposals Obsolete or excess material for disposal Aluminum Metal........................................................... Aluminum Oxide, Abrasive Grain........................................... Aluminum Oxide, Abrasive Grain, NSG...................................... Aluminum Oxide, Fused Crude.............................................. Analgesics............................................................... Antimony................................................................. Antimony, NSG............................................................ Asbestos, Amosite........................................................ Asbestos, Amosite, NSG................................................... Asbestos, Chrysotile..................................................... Asbestos, Chrysotile, NSG................................................ Bauxite, Metal Grade, Jamaica & Surinam.................................. Bauxite, Refractory...................................................... Beryl Ore................................................................ Beryllium Copper Master Alloy............................................ Bismuth.................................................................. Cadmium.................................................................. Chromite, Chemical & Met. Grade Ore...................................... Chromite, Chem. & Met. Grade Ore, NSG.................................... Chromite, Refractory Grade Ore........................................... Chromium, Ferro.......................................................... Chromium, Ferro, NSG..................................................... Cobalt................................................................... Columbium Group, NSG..................................................... Copper................................................................... Copper, NSG.............................................................. Diamonds, Industrial, Dies, Small........................................ Fluorspar, Acid Grade.................................................... Fluorspar, Acid Grade, NSG............................................... Fluorspar, Metallurgical Grade, NSG...................................... Germanium................................................................ Graphite, Natural, Ceylon, Amorphous Lump, NSG........................... Graphite, Natural, Malagasy, Crystalline................................. Graphite, Natural, Malagasy, Crystalline, NSG............................ Graphite, Natural, Other than Ceylon & Malagasy.......................... Graphite, Natural, Other, NSG............................................ Industrial Diamond Bort.................................................. Industrial Diamond Stones................................................ Iodine................................................................... Iodine, NSG.............................................................. Jewel bearings, NSG...................................................... Lead..................................................................... Lead, NSG................................................................ Manganese Ore, Chem. & Met. Grades....................................... Manganese Ore, Chem. & Met. Grades, NSG.................................. Manganese, Battery Grade, Natural Ore.................................... Manganese, Battery Grade, Natural Ore, NSG............................... Manganese, Battery Grade, Synthetic Dioxide.............................. Manganese, Ferro......................................................... Manganese, Metal, Electrolytic........................................... Mercury.................................................................. Mercury, NSG............................................................. Mica, Muscovite Film, 1st & 2nd Qualities................................ Mica, Muscovite Film, 1st & 2nd Qualities, NSG........................... Mica, Muscovite Splittings............................................... Mica, Muscovite, Block, Stained & Better................................. Mica, Muscovite, Block, Stained & Better, NSG............................ Mica, Phlogopite Block, NSG.............................................. Mica, Phlogopite Splittings.............................................. Nickel................................................................... Platinum Group Metals, Iridium........................................... Platinum Group Metals, Palladium......................................... Platinum Group Metals, Palladium, NSG.................................... Platinum Group Metals, Platinum.......................................... Platinum Group Metals, Platinum, NSG..................................... Quinidine................................................................ Quinidine, NSG........................................................... Quinine.................................................................. Quinine, NSG............................................................. Rutile................................................................... Rutile, NSG.............................................................. Sapphire & Ruby.......................................................... Sebacic Acid............................................................. Silicon Carbide.......................................................... Silver................................................................... Talc..................................................................... Tantalum Group, NSG...................................................... Thorium Nitrate.......................................................... Tin...................................................................... Titanium Sponge, NSG..................................................... Tungsten Group........................................................... Tungsten Group, NSG...................................................... Vanadium Group........................................................... Vegetable Tannin, Chestnut............................................... Vegetable Tannin, Quebracho.............................................. Vegetable Tannin, Wattle................................................. Vegetable Tannin, Wattle, NSG............................................ Zinc..................................................................... ----------------------------------------------------------------------- (b) Exception to Disposal Requirements.--Subsection (a) shall not apply with respect to the disposal of a material set forth in the table in that subsection if the President determines after the date of the enactment of this Act that the material is once again needed for the stockpile. (c) Special Rule for Silver.--The disposal of silver under subsection (a) may only occur in the form of coins. (d) Repeal of Previous Disposal Authorities.--All authorities of the President or the National Defense Stockpile Manager in effect on the day before the date of the enactment of this Act regarding the disposal of specific quantities of materials in the stockpile are hereby repealed. SEC. 3. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS IN INADEQUATE SUPPLY IN THE NATIONAL DEFENSE STOCKPILE. In order to acquire additional quantities of those strategic and critical materials that are in deficient supply in the National Defense Stockpile, the President shall acquire strategic and critical materials for the stockpile in the materials, and in the quantities, set forth in the following table: Required Stockpile Acquisitions Material to be acquired Beryllium Metal........................................................ Chromium, Metal........................................................ Columbium Group........................................................ Graphite, Natural, Ceylon, Amorphus Lump............................... Indium................................................................. Jewel Bearings......................................................... Mica, Phlogopite Block................................................. Quartz Crystals........................................................ Rubber, Natural........................................................ Tantalum Group......................................................... Titanium Sponge........................................................ ----------------------------------------------------------------------- SEC. 4. REQUIREMENTS OF DISPOSAL AND ACQUISITION PROGRAM. (a) Ten-Year Period for Disposal and Acquisition.--The President shall complete the disposals of materials required by section 2, and the acquisitions of strategic and critical materials required by section 3, not later than September 30, 2002. (b) Existing Disposal and Acquisition Procedures.--The disposal of materials under section 2 and the acquisition of strategic and critical materials under section 3 shall be carried out in the manner provided in section 6 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(b)), including the requirement to avoid undue disruption of the usual markets of producers, processors, and consumers of such materials. (c) Use of Barter Authorized.--The President is authorized to enter into barter arrangements to dispose of materials required to be disposed of under section 2 in order to acquire strategic and critical materials required to be acquired under section 3 or upgrade other strategic and critical materials in the stockpile. (d) Annual Quantity of Acquisitions and Disposals.--In order to maintain an orderly acquisition schedule under section 3, the quantity of each strategic and critical material acquired under that section during each of the fiscal years 1993 through 2002 shall be approximately equal, except that acquisition may occur at a faster rate to take advantage of favorable purchase or barter opportunities that may arise. The President may dispose of materials under section 2 without regard to any annual limitation on the quantity of such disposals. (e) Deposit of Proceeds from Sales.--All moneys received from the sale of materials required to be disposed of under section 2 shall be returned to the Treasury and used to reduce the Federal budget deficit. (f) Definitions.--For purposes of this Act: (1) The terms ``National Defense Stockpile'' and ``stockpile'' mean the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c). (2) The terms ``National Defense Stockpile Transaction Fund'' and ``fund'' mean the National Defense Stockpile Transaction Fund established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)). (3) The term ``NSG'', with regard to a material specified in the table in section 2, means non-specification grade material. SEC. 5. REPORT ON IMPLEMENTATION OF DISPOSAL AND ACQUISITION REQUIREMENTS. Not later than February 15, 1994, the President shall submit to Congress a report describing the manner in which the President will implement and carry out the disposals of strategic and critical materials required by section 2, and the acquisitions of such materials required by section 3. SEC. 6. REPEAL OF DISPOSAL LIMITATION. Section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)) is amended-- (1) by striking out ``(1)''; and (2) by striking out ``, or (2)'' and all that follows through ``$100,000,000.'' and inserting in lieu thereof a period. SEC. 7. CONFORMING AMENDMENTS. Section 3301 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1583) is amended in subsections (a) and (d)-- (1) by striking out ``fiscal years 1992 and 1993'' and inserting in lieu thereof ``fiscal year 1992''; and (2) by striking out ``each of such fiscal years'' and inserting in lieu thereof ``such fiscal year''. SEC. 8. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 1993.

National Defense Stockpile Modernization Act of 1993 - Directs the President to dispose of specified excess or obsolete materials in the National Defense Stockpile (NDS), in specified amounts. Limits the disposal of silver to coin only. Repeals all previous disposal authority of the President or the NDS Stockpile Manager. Directs the President to acquire additional quantities of strategic and critical materials for the NDS determined to be in deficient supply. Requires the disposals and acquisitions mandated under this Act to be completed by the end of FY 2002 and accomplished in compliance with requirements of the Strategic and Critical Materials Stock Piling Act. Authorizes the President to use barter arrangements to achieve such disposals and acquisitions. Outlines provisions for: (1) annual quantity rates for acquisitions and disposals; and (2) deposits of proceeds from sales of disposed materials into the National Defense Stockpile Transaction Fund. Directs the President to report to the Congress on the manner in which the President will implement and carry out the disposals and acquisitions required under this Act. Amends the Strategic and Critical Materials Stock Piling Act to repeal a requirement prohibiting a stockpile disposal that would result in an unobligated balance in the Fund in excess of $100 million.

National Defense Stockpile Modernization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Planning for American Energy Act of 2012''. SEC. 2. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN. (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: ``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY. ``(a) In General.-- ``(1) The Secretary of the Interior (hereafter in this section referred to as `Secretary'), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy security of the United States. ``(2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period. ``(3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be-- ``(A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service; ``(B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands; ``(C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; ``(D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service; ``(E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale; and ``(F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands. ``(4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section. ``(5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands. ``(b) Tribal Objectives.--It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection. ``(c) Execution of the Strategy.--The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs. ``(d) State, Federally Recognized Indian Tribes, Local Government, and Public Input.--In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public. ``(e) Reporting.--The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary shall make suggestions to help meet any shortfalls in meeting the production goals. ``(f) Programmatic Environmental Impact Statement.--Not later than 12 months after the date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary resource management and land use plans associated with the implementation of the strategy. ``(g) Congressional Review.--At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted.''. (b) First Quadrennial Strategy.--Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a). SEC. 3. DEFINITIONS. For purposes of this Act, the term ``strategic and critical energy minerals'' means those that are necessary for the Nation's energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation.

Planning for American Energy Act of 2012 - Amends the Mineral Leasing Act to direct the Secretary of the Interior (the Secretary) and the Secretary of Agriculture (USDA) to publish every four years a Quadrennial Federal Onshore Energy Production Strategy to direct federal land energy development and department resource allocation in order to promote the energy security of the United States. Instructs the Secretary to consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30 years and on how energy derived from federal onshore lands can put the United States on a trajectory that meets such demand during the next 4 years, with a goal for increasing energy independence and production. Requires the Secretary to determine a domestic strategic production objective for the development of energy resources from such lands. Expresses the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy. Grants the relevant Secretary all necessary authority to make determinations regarding which additional federal lands available for leasing at the time the lease sale occurs will be available to meet the production objectives established by the strategies. Directs the Secretary to also take all necessary actions to achieve such objectives unless the President determines that it is not in U.S. national security and economic interests to increase federal domestic energy production and to further decrease dependence upon foreign energy sources. Requires the Secretary, within 12 months of this Act's enactment, to complete a programmatic environmental impact statement in accordance with certain requirements under the National Environmental Policy Act of 1969 (NEPA). Deems such statement sufficient to be in compliance with NEPA requirements for all necessary resource management and land use plans associated with implementation of the Strategy. Requires the Secretary to submit to: (1) the President and Congress, each proposed strategy, together with comments received from the affected states, federally recognized tribes, and local governments prior to publishing it; and (2) Congress the first Strategy within 18 months of enactment.

To direct the Secretary of the Interior to establish goals for an all-of-the-above energy production plan strategy on a 4-year basis on all onshore Federal lands managed by the Department of the Interior and the Forest Service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Improvement and Protection Act of 2002''. SEC. 2. CHANGES TO RULES FOR REDISTRIBUTION AND EXTENDED AVAILABILITY OF FISCAL YEAR 2000 AND SUBSEQUENT FISCAL YEAR ALLOTMENTS. Section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) is amended-- (1) in the subsection heading-- (A) by striking ``and'' after ``1998'' and inserting a comma; and (B) by inserting ``, and 2000 and subsequent fiscal year'' after ``1999''; (2) in paragraph (1)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i)-- (I) by inserting ``or for fiscal year 2000 by the end of fiscal year 2002, or allotments for fiscal year 2001 and subsequent fiscal years by the end of the last fiscal year for which such allotments are available under subsection (e), subject to paragraph (2)(C)'' after ``2001,''; and (II) by striking ``1998 or 1999'' and inserting ``1998, 1999, 2000, or subsequent fiscal year''; (ii) in clause (i)-- (I) in subclause (I), by striking ``or'' at the end; (II) in subclause (II), by striking the period and inserting a semicolon; and (III) by adding at the end the following: ``(III) the fiscal year 2000 allotment, the amount by which the State's expenditures under this title in fiscal years 2000, 2001, and 2002 exceed the State's allotment for fiscal year 2000 under subsection (b); ``(IV) the fiscal year 2001 allotment, the amount by which the State's expenditures under this title in fiscal years 2001, 2002, and 2003 exceed the State's allotment for fiscal year 2001 under subsection (b); or ``(V) the allotment for any subsequent fiscal year, the amount by which the State's expenditures under this title in the period such allotment is available under subsection (e) exceeds the State's allotment for that fiscal year under subsection (b).''; and (iii) in clause (ii), by striking ``1998 or 1999 allotment'' and inserting ``1998, 1999, 2000, or subsequent fiscal year allotment''; (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``with respect to fiscal year 1998 or 1999''; (ii) in clause (ii)-- (I) by inserting ``with respect to fiscal year 1998 or 1999,'' after ``subsection (e)''; and (II) by striking ``and'' at the end; (iii) by redesignating clause (iii) as clause (iv); and (iv) by inserting after clause (ii), the following: ``(iii) notwithstanding subsection (e), with respect to fiscal year 2000 or any subsequent fiscal year, shall remain available for expenditure by the State through the end of the fiscal year in which the State is allotted a redistribution under this paragraph; and''; (3) in paragraph (2)-- (A) in the paragraph heading, by striking ``1998 and 1999'' and inserting ``1998, 1999, 2000, and subsequent fiscal year''; (B) in subparagraph (A), by adding at the end the following: ``(iii) Fiscal year 2000 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2000 that were not expended by the State by the end of fiscal year 2002, the amount specified in subparagraph (B) for fiscal year 2000 for such State shall remain available for expenditure by the State through the end of fiscal year 2003. ``(iv) Fiscal year 2001 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2001 that were not expended by the State by the end of fiscal year 2003, the amount specified in subparagraph (B) for fiscal year 2001 for such State shall remain available for expenditure by the State through the end of 2004. ``(v) Subsequent fiscal year allotments.-- Of the amounts allotted to a State pursuant to this section for any fiscal year after 2001, that were not expended by the State by the end of the last fiscal year such amounts are available under subsection (e), the amount specified in subparagraph (B) for that fiscal year for such State shall remain available for expenditure by the State through the end of the fiscal year following the last fiscal year such amounts are available under subsection (e).''; (C) in subparagraph (B), by striking ``The'' and inserting ``Subject to subparagraph (C), the''; (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B), the following: ``(C) Floor for fiscal years 2000 and 2001.--For fiscal years 2000 and 2001, if the total amounts that would otherwise be redistributed under paragraph (1) exceed 60 percent of the total amount available for redistribution under subsection (f) for the fiscal year, the amount remaining available for expenditure by the State under subparagraph (A) for such fiscal years shall be-- ``(i) the amount equal to-- ``(I) 40 percent of the total amount available for redistribution under subsection (f) from the allotments for the applicable fiscal year; multiplied by ``(II) the ratio of the amount of such State's unexpended allotment for that fiscal year to the total amount available for redistribution under subsection (f) from the allotments for the fiscal year.''; and (4) in paragraph (3), by adding at the end the following: ``For purposes of calculating the amounts described in paragraphs (1) and (2) relating to the allotment for any fiscal year after 1999, the Secretary shall use the amount reported by the States not later than November 30 of the applicable calendar year on HCFA Form 64 or HCFA Form 21, as approved by the Secretary.''. SEC. 3. ESTABLISHMENT OF CASELOAD STABILIZATION POOL AND ADDITIONAL REDISTRIBUTION OF ALLOTMENTS. Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended by adding at the end the following: ``(h) Redistribution of Caseload Stabilization Pool Amounts.-- ``(1) Additional redistribution to stabilize caseloads.-- ``(A) In general.--With respect to fiscal year 2003 and any subsequent fiscal year, the Secretary shall redistribute to an eligible State (as defined in subparagraph (B)) the amount available for redistribution to the State (as determined under subparagraph (C)) from the caseload stabilization pool established under paragraph (3). ``(B) Definition of eligible state.--For purposes of subparagraph (A), an eligible State is a State whose total expenditures under this title through the end of the previous fiscal year exceed the total allotments made available to the State under subsection (b) or subsection (c) (not including amounts made available under subsection (f)) through the previous fiscal year. ``(C) Amount of additional redistribution.--For purposes of subparagraph (A), the amount available for redistribution to a State under subparagraph (A) is equal to-- ``(i) the ratio of the State's allotment for the previous fiscal year under subsection (b) or subsection (c) to the total allotments made available under such subsections to eligible States as defined under subparagraph (A) for the previous fiscal year; multiplied by ``(ii) the total amounts available in the caseload stabilization pool established under paragraph (3). ``(2) Period of availability.--Amounts redistributed under this subsection shall remain available for expenditure by the State through the end of the fiscal year in which the State receives any such amounts. ``(3) Caseload stabilization pool.--For purposes of making a redistribution under paragraph (1), the Secretary shall establish a caseload stabilization pool that includes the following amounts: ``(A) Any amount made available to a State under subsection (g) but not expended within the periods required under subparagraphs (g)(1)(B)(ii), (g)(1)(B)(iii), or (g)(2)(A). ``(B) Any amount made available to a State under this subsection but not expended within the period required under paragraph (2).''. SEC. 4. RESTORATION OF SCHIP FUNDING FOR FISCAL YEARS 2003 AND 2004. (a) In General.--Paragraphs (6) and (7) of section 2104(a) of the Social Security Act (42 U.S.C. 1397dd(a)) are amended by striking ``$3,150,000,000'' each place it appears and inserting ``$4,275,000,000''. (b) Additional Allotment To Territories.--Section 2104(c)(4)(B) of the Social Security Act (42 U.S.C. 1397dd(c)(4)(B)) is amended by striking ``$25,200,000 for each of fiscal years 2002 through 2004'' and inserting ``$25,200,000 for fiscal year 2002, $34,200,000 for each of fiscal years 2003 and 2004''.

Children's Health Improvement and Protection Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to: (1) revise the rules for redistribution and extended availability of FY 2000 and subsequent fiscal year allotments under SCHIP; (2) direct the Secretary of Health and Human Services to establish a caseload stabilization pool and make an additional redistribution of allotments to stabilize caseloads; and (3) restore SCHIP funding for FY 2003 and 2004.

A bill to amend title XXI of the Social Security Act to modify the rules for redistribution and extended availability of fiscal year 2000 and subsequent fiscal year allotments under the State children's health insurance program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Health Benefits Act of 2005''. SEC. 2. FUNDING OF RETIREE HEALTH BENEFITS. (a) Collectively Bargained Transfer Treated as a Qualified Transfer.-- (1) In general.--Section 420(b) of the Internal Revenue Code of 1986 (defining qualified transfer) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) A collectively bargained transfer (as defined in subsection (e)(5)) shall be treated as a qualified transfer.''. (2) Conforming amendments.-- (A) Subparagraph (B) of section 420(b)(2) of such Code is amended by inserting ``or a collectively bargained transfer'' after ``paragraph (4)''. (B) Paragraph (3) of section 420(b) of such Code is amended to read as follows: ``(3) Limitation on amount transferred.-- ``(A) In general.--The amount of excess pension assets which may be transferred in a qualified transfer (other than a collectively bargained transfer) shall not exceed the amount which is reasonably estimated to be the amount the employer maintaining the plan will pay (whether directly or through reimbursement) out of such account during the taxable year of the transfer for qualified current retiree health liabilities. ``(B) Exception for collectively bargained transfers.--The amount of excess pension assets which may be transferred in a collectively bargained transfer shall not exceed the amount which is reasonably estimated, in accordance with the provisions of the collective bargaining agreement and generally accepted accounting principles, to be the amount the employer maintaining the plan will pay (whether directly or through reimbursement) out of such account during the collectively bargained cost maintenance period for collectively bargained retiree health liabilities.''. (C) Section 420(b)(6) of such Code, as redesignated by paragraph (1), is amended by inserting ``(other than a collectively bargained transfer)'' after ``No transfer''. (b) Requirements of Plans Making Collectively Bargained Transfers.-- (1) In general.--Paragraph (1) of section 420(c) of the Internal Revenue Code of 1986 (relating to requirements of plan transferring assets) is amended to read as follows: ``(1) Use of transferred assets.-- ``(A) In general.--Except in the case of a collectively bargained transfer, any assets transferred to a health benefits account in a qualified transfer (and any income allocable thereto) shall be used only to pay qualified current retiree health liabilities (other than liabilities of key employees not taken into account under subsection (e)(1)(D)) for the taxable year of the transfer (whether directly or through reimbursement). ``(B) Collectively bargained transfer.--Any assets transferred to a health benefits account in a collectively bargained transfer (and any income allocable thereto) shall be used only to pay collectively bargained retiree health liabilities (other than liabilities of key employees not taken into account under subsection (e)(6)(D)) for the taxable year of the transfer or for any subsequent taxable year during the collectively bargained cost maintenance period (whether directly or through reimbursement). ``(C) Amounts not used to pay for health benefits.-- ``(i) In general.--Any assets transferred to a health benefits account in a qualified transfer (and any income allocable thereto) which are not used as provided in subparagraph (A) (in the case of a qualified transfer other than a collectively bargained transfer) or cannot be used as provided in subparagraph (B) (in the case of a collectively bargained transfer) shall be transferred out of the account to the transferor plan. ``(ii) Tax treatment of amounts.--Any amount transferred out of an account under clause (i)-- ``(I) shall not be includible in the gross income of the employer, but ``(II) shall be treated as an employer reversion for purposes of section 4980 (without regard to subsection (d) thereof). ``(D) Ordering rule.--For purposes of this section, any amount paid out of a health benefits account shall be treated as paid first out of the assets and income described in subparagraph (A) (in the case of a qualified transfer other than a collectively bargained transfer) or subparagraph (B) (in the case of a collectively bargained transfer).''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 420(c)(3) of such Code is amended to read as follows: ``(A) In general.--The requirements of this paragraph are met if-- ``(i) except as provided in clause (ii), each group health plan or arrangement under which applicable health benefits are provided provides that the applicable employer cost for each taxable year during the cost maintenance period shall not be less than the higher of the applicable employer costs for each of the 2 taxable years immediately preceding the taxable year of the qualified transfer, and ``(ii) in the case of a collectively bargained transfer, each collectively bargained group health plan under which collectively bargained health benefits are provided provides that the collectively bargained employer cost for each taxable year during the collectively bargained cost maintenance period shall not be less than the amount specified by the collective bargaining agreement.''. (B) Section 420(c)(3) of such Code is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) Collectively bargained employer cost.--For purposes of this paragraph, the term `collectively bargained employer cost' means the average cost per covered individual of providing collectively bargained retiree health benefits as determined in accordance with the applicable collective bargaining agreement. Such agreement may provide for an appropriate reduction in the collectively bargained employer cost to take into account any portion of the collectively bargained retiree health benefits that is provided or financed by a government program or other source.''. (C) Subparagraph (E) of section 420(c)(3) of such Code (as redesignated by subparagraph (B)) is amended to read as follows: ``(E) Maintenance period.--For purposes of this paragraph-- ``(i) Cost maintenance period.--The term `cost maintenance period' means the period of 5 taxable years beginning with the taxable year in which the qualified transfer occurs. If a taxable year is in 2 or more overlapping cost maintenance periods, this paragraph shall be applied by taking into account the highest applicable employer cost required to be provided under subparagraph (A)(i) for such taxable year. ``(ii) Collectively bargained cost maintenance period.--The term `collectively bargained cost maintenance period' means, with respect to each covered retiree and his covered spouse and dependents, the shorter of-- ``(I) the remaining lifetime of such covered retiree and his covered spouse and dependents, or ``(II) the period of coverage provided by the collectively bargained health plan (determined as of the date of the collectively bargained transfer) with respect to such covered retiree and his covered spouse and dependents.''. (c) Limitations on Employer.--Subsection (d) of section 420 of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Limitations on Employer.--For purposes of this title-- ``(1) Deduction limitations.--No deduction shall be allowed-- ``(A) for the transfer of any amount to a health benefits account in a qualified transfer (or any retransfer to the plan under subsection (c)(1)(C)), ``(B) for qualified current retiree health liabilities or collectively bargained retiree health liabilities paid out of the assets (and income) described in subsection (c)(1), or ``(C) except in the case of a collectively bargained transfer, for any amounts to which subparagraph (B) does not apply and which are paid for qualified current retiree health liabilities for the taxable year to the extent such amounts are not greater than the excess (if any) of-- ``(i) the amount determined under subparagraph (A) (and income allocable thereto), over ``(ii) the amount determined under subparagraph (B). ``(2) Other limitations.-- ``(A) No contributions allowed.--Except as provided in subparagraph (B), an employer may not contribute after December 31, 1990, any amount to a health benefits account or welfare benefit fund (as defined in section 419(e)(1)) with respect to qualified current retiree health liabilities for which transferred assets are required to be used under subsection (c)(1)(A). ``(B) Exception.--An employer may contribute an amount to a health benefits account or welfare benefit fund (as defined in section 419(e)(1)) with respect to collectively bargained retiree health liabilities for which transferred assets are required to be used under subsection (c)(1)(B), and the deductibility of any such contribution shall be governed by the limits applicable to the deductibility of contributions to a welfare benefit fund under a collective bargaining agreement (as determined under section 419A(f)(5)(A)) without regard to whether such contributions are made to a health benefits account or welfare benefit fund and without regard to the provisions of section 404 or the other provisions of this section.''. (d) Definitions.--Section 420(e) of the Internal Revenue Code of 1986 (relating to definition and special rules) is amended by adding at the end the following new paragraphs: ``(5) Collectively bargained transfer.--The term `collectively bargained transfer' means a transfer-- ``(A) of excess pension assets to a health benefits account which is part of such plan in a taxable year beginning after December 31, 2004, ``(B) which does not contravene any other provision of law, ``(C) with respect to which are met in connection with the plan-- ``(i) the use requirements of subsection (c)(1), ``(ii) the vesting requirements of subsection (c)(2), and ``(iii) the minimum cost requirements of subsection (c)(3), ``(D) which is made in accordance with a collective bargaining agreement, and ``(E) which, before the transfer, the employer designates, in a written notice delivered to each employee organization that is a party to the collective bargaining agreement, as a collectively bargained transfer in accordance with this section. ``(6) Collectively bargained retiree health liabilities.-- ``(A) In general.--The term `collectively bargained retiree health liabilities' means the present value, as of the beginning of a taxable year and determined in accordance with the applicable collective bargaining agreement, of all collectively bargained health benefits (including administrative expenses) for such taxable year and all subsequent taxable years during the collectively bargained cost maintenance period. ``(B) Reduction for amounts previously set aside.-- The amount determined under subparagraph (A) shall be reduced by the value (as of the close of the plan year preceding the year of the collectively bargained transfer) of the assets in all health benefits accounts or welfare benefit funds (as defined in section 419(e)(1)) set aside to pay for the collectively bargained retiree health liabilities. ``(C) Key employees excluded.--If an employee is a key employee (within the meaning of section 416(I)(1)) with respect to any plan year ending in a taxable year, such employee shall not be taken into account in computing collectively bargained retiree health liabilities for such taxable year or in calculating collectively bargained employer cost under subsection (c)(3)(C). ``(7) Collectively bargained health benefits.--The term `collectively bargained health benefits' means health benefits or coverage which are provided to-- ``(A) retired employees who, immediately before the collectively bargained transfer, are entitled to receive such benefits upon retirement and who are entitled to pension benefits under the plan, and their spouses and dependents, and ``(B) if specified by the provisions of the collective bargaining agreement governing the collectively bargained transfer, active employees who, following their retirement, are entitled to receive such benefits and who are entitled to pension benefits under the plan, and their spouses and dependents. ``(8) Collectively bargained health plan.--The term `collectively bargained health plan' means a group health plan or arrangement for retired employees and their spouses and dependents that is maintained pursuant to 1 or more collective bargaining agreements.''. (e) Conforming Amendments.-- (1) The last sentence of section 401(h) of the Internal Revenue Code of 1986 is amended by inserting ``(other than contributions with respect to collectively bargained retiree health liabilities within the meaning of section 420(e)(6))'' after ``medical benefits''. (2) Section 101(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by striking ``Pension Funding Equity Act of 2004'' and inserting ``Retiree Health Benefits Act of 2005.'' (3) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is amended by striking ``Pension Funding Equity Act of 2004'' and inserting ``Retiree Health Benefits Act of 2005.'' (4) Paragraph (13) of section 408(b) of such Act (29 U.S.C. 1108(b)) is amended-- (A) by striking ``before January 1, 2014'' and inserting ``in accordance with section 420 of the Internal Revenue Code of 1986 (as in effect on the date of the enactment of the Retiree Health Benefits Act of 2005)'', and (B) by striking ``Pension Funding Equity Act of 2004'' and inserting ``Retiree Health Benefits Act of 2005''. (f) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2004.

Retiree Health Benefits Act of 2005 - Amends the Internal Revenue Code to permit the tax free transfer of excess pension assets to a health benefits account established to pay collectively bargained retiree health liabilities.

A bill to amend the Internal Revenue Code of 1986 to encourage the funding of collectively bargained retiree health benefits.

Section 1. Certain Piston Engines.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading: ``[] Internal Free No Change No Change On or before 12/ combustio 31/98 .' n piston- ' type engines of a cylinder capacity exceeding 50 cc but not exceeding 1000 cc (provided ) for in subheadin g 8407.32.2 0, 8407.33.2 0, 8407.32.9 0 or 8407.33.9 0) to be installed in vehicles specially designed for traveling on snow, golf carts, non- amphibiou s all terrain vehicles, and burden carriers (provided for in subheadin g 8703.10.0 0. 8703.21.0 0 or 8704.31.0 0; or heading 8709) \1\.............................................. Sec. 2. (a) Except as provided in subsection (b), the amendment made by the first section of this Act shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (b) Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon a request filed with the appropriate customs officer before the 90th day after the date of the enactment of this Act, any entry of goods described in subheading [ ] of the Harmonized Tariff Schedule of the United States (as amended by this Act) that was made-- (1) after December 31, 1992; and (2) on or before the 15th day after the date of enactment of this Act; shall be liquidated or reliquidated as though such entry occurred on the day after such 15th day.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1998, the duty on certain piston engines.

To temporarily suspend the duty on certain piston engines entered on or before December 31, 1998.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Of Untested and New Devices Act of 2012'' or the ``SOUND Devices Act of 2012''. SEC. 2. PREDICATE DEVICES THAT HAVE BEEN RECALLED, CORRECTED, OR REMOVED FROM THE MARKET. (a) Submission of Information by Persons Seeking Substantial Equivalence Determination.--Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)) is amended-- (1) by redesignating paragraph (3) as paragraph (5); and (2) by striking paragraph (2) and inserting the following: ``(2)(A) Any person seeking a determination of substantial equivalence under subsection (f) or section 520(l) for a device shall submit to the Secretary information (to the extent such information is readily available) on the market status of-- ``(i) each predicate device; and ``(ii) each device in the full device lineage (as defined in subparagraph (C)). ``(B) With respect to each device described in clause (i) or (ii) of subparagraph (A), the information required to be submitted under subparagraph (A) shall specify-- ``(i) whether the device has been corrected or removed from the market; ``(ii) if so, the basis for such correction or removal, including whether such correction or removal was because of an intrinsic flaw in technology or design that adversely affects safety; and ``(iii) why the device for which a substantial equivalence determination is sought does not share any such intrinsic flaw. ``(C) In this paragraph, the term `device in the full device lineage' means a device for which a substantial equivalence determination was made leading to a substantial equivalence determination for a predicate device referred to in subparagraph (A)(i).''. (b) Rejecting Claims of Substantial Equivalence.--Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)), as amended, is further amended by inserting after paragraph (2) the following: ``(3) The Secretary-- ``(A) shall not find a device to be substantially equivalent to a predicate device that has been-- ``(i) removed from the market at the initiative of the Secretary; or ``(ii) determined to be misbranded or adulterated by judicial order; ``(B) may reject a claim that a device is substantially equivalent to a predicate device if-- ``(i) the predicate device, or any device in a series of one or more devices for which a substantial equivalence determination was made leading to a substantial equivalence determination for the predicate device, has been corrected or removed from the market-- ``(I) at the initiative of the sponsor; or ``(II) under any other circumstance not covered by subparagraph (A); and ``(ii) the correction or removal is due, in whole or in part, to an intrinsic flaw in technology or design that adversely affects safety; ``(C) may reject a claim that a device is substantially equivalent to a predicate device if-- ``(i) the Secretary is in the process of rescinding the clearance granted under section 510(k), issuing or amending an order under section 518(e) (relating to recall authority), or taking any other regulatory action because of an intrinsic flaw in technology or design that adversely affects safety, with respect to-- ``(I) the predicate device; or ``(II) any device in the full predicate device lineage (meaning any device for which a substantial equivalence determination was made leading to a substantial equivalence determination for the predicate device); or ``(ii) the manufacturer or importer of a device described in subclause (I) or (II) of clause (i) is in the process of correcting or removing the device from the market; and ``(D) may reject a claim that a device is substantially equivalent to a predicate device if the predicate device has been corrected or removed from the market and the manufacturer or importer of the predicate failed to submit notice of such correction or removal in accordance with section 519(g).''. (c) Database on Eligible Predicate Devices.--Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)), as amended, is further amended by inserting after paragraph (3) the following: ``(4)(A) The Secretary shall maintain an up-to-date database that can be used by the Secretary for purposes of determining whether devices are eligible under paragraph (3) for use as a predicate device. ``(B) The Secretary shall determine whether a device is eligible under paragraph (3) for use as a predicate device, and shall make appropriate updates to the database under this paragraph, whenever-- ``(i) the Secretary issues, vacates, or amends an order for a device under section 518(e) (relating to recall authority); ``(ii) the manufacturer or importer of a device reports a correction or removal of a device under subsection (g) or (h) of section 519; or ``(iii) the Secretary otherwise learns of a correction or removal of a device (as such terms are used in subsections (g) and (h) of section 519). ``(C) Upon making a determination required by subparagraph (B), the Secretary shall include in the database under this paragraph information, to the extent such information is available to the Secretary, about the reason for the order, correction, or removal. ``(D) The Secretary shall publish notice of each determination under subparagraph (B).''. (d) Reports of Corrections and Removals.-- (1) In general.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the following: ``(h) Inclusion of Root Cause Analysis in Reports of Removals and Corrections.-- ``(1) Requirement.--Whenever a manufacturer or importer of a device is required to submit a report under subsection (g) on a corrective action or removal of the device, and whenever a manufacturer or importer would be so required but for submitting a report under subsection (a) on a corrective action or removal of the device, the manufacturer or importer shall submit, as an addendum to the submitted report, the root cause assessment of each device defect leading to the corrective action or removal. ``(2) Timing.--An addendum required by paragraph (1) shall be submitted to the Secretary promptly, and not later than 90 days after the corrective action or removal.''. (2) Reports for devices in same lineage as devices subject to corrections and removals.-- (A) Authority to order reports.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended, is further amended by adding at the end the following: ``(i) Reports for Devices in Same Lineage as Devices Subject to Corrections and Removals.-- ``(1) In general.--When a device is corrected or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety-- ``(A) the Secretary may order the manufacturer or importer of each device in the same lineage which continues to be marketed to submit a report described in paragraph (2); and ``(B) not later than 30 days after receipt of such an order, the manufacturer or importer of each such device shall submit the report. ``(2) Report contents.--A report described in this paragraph shall-- ``(A) state whether the device for which the report is submitted shares any intrinsic flaw in technology or design associated with the device which is corrected or removed from the market; and ``(B) if not, explain why the device for which the report is submitted does not share any such intrinsic flaw. ``(3) Definition.--In this subsection, the term `device in the same lineage' refers to a device if-- ``(A) a substantial equivalence determination was made for the device corrected or removed from the market; and ``(B) such determination leads to a substantial equivalence determination for the device involved.''. (B) Conforming amendment.--Section 303(f)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(1)(B)) is amended by striking ``or 519(g)'' and inserting ``, 519(g), or 519(h)''. (e) Review of Previously Cleared Life-Sustaining, Life-Supporting, or Implantable Devices.-- (1) Review.--The Secretary shall conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall. (2) Priority.--In conducting the review under paragraph (1), the Secretary shall prioritize-- (A) the review of covered devices that pose the highest risk to patients; and (B) the identification of covered devices that share with another device an intrinsic flaw in technology or design that-- (i) adversely affects safety; and (ii) led to the correction or removal from the market of the other device. (3) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the progress made by the Secretary in implementing this subsection. (4) Definitions.--In this subsection: (A) The terms ``Class I'', ``Class II'', and ``recall'' have the meanings given to such terms in section 7.3 of title 21, Code of Federal Regulations (or any successor regulations). (B) The term ``covered device'' means a device (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that-- (i) is cleared under section 510(k) of such Act (21 U.S.C. 360(k)) before the effective date of the amendments made by subsections (a) through (d); (ii) is life-sustaining, life-supporting, or implantable; and (iii) continues to be marketed. (C) The term ``device in the full device lineage'' means a device for which a substantial equivalence determination was made leading to a substantial equivalence determination for a predicate device referred to in paragraph (1). (D) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.

Safety Of Untested and New Devices Act of 2012 or the SOUND Devices Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to require a medical device company seeking approval of a new device based on a determination of substantial equivalence to a predicate device to inform the Food and Drug Administration (FDA) if any predicate lineage products have harmed device recipients and to explain how the current device avoids past flaws. Prohibits finding a new device substantially equivalent to a predicate device if the predicate has been removed from the market by the Secretary of Health and Human Services (HHS) or determined to be misbranded or adulterated by judicial order. Permits the FDA to reject a claim of substantial equivalency for a device whose predicate has been corrected or removed from the market by its sponsor. Requires the Secretary to maintain an up-to-date database for purposes of determining whether devices are eligible for use as a predicate device. Requires each manufacturer's corrective action or removal of device report to contain the root cause of each defect leading to the corrective action or removal. Requires a manufacturer's report for devices in the same lineage as devices that have been subject to corrections or removals and requires such report to explain why the subsequent device does not share the flaws of its predecessor device. Requires the Secretary to conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that a medical device is not marketed based on a determination that the device is substantially equivalent to a predicate device that has been recalled, corrected, or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Microstamping Evaluation and Study Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To conduct a comprehensive study of firearms microstamping technology that can be incorporated into a firearm during the manufacturing process in order to determine whether the technology is workable and could be a cost- effective law enforcement tool for use in criminal investigations. (2) To determine the cost to manufacturers, firearm owners, and State governments of mandating the incorporation of microstamping technology into a firearm. (3) To determine what happens to the reliability of firearms microstamping if non-metallic materials are used to manufacture cartridge cases. SEC. 3. STUDY. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Attorney General shall enter into an arrangement with the National Research Council of the National Academy of Sciences, which shall have sole responsibility for conducting under the arrangement a study to examine: (1) The design parameters for an effective and uniform system of microstamping firearms and cartridge cases and how this information will be stored and retrieved. (2) To determine the cost to taxpayers of incorporating microstamping technology into a firearm, including the cost of any new or additional equipment for law enforcement, and additional training forensic crime laboratories would need in order to read the presence of a microstamp on ballistic crime scene evidence. (3) To identify whether there are domestic or international patents applicable to any technology capable of being applied in the manufacturing of a firearm, capable of placing a microscopic array of characters that identify the make, model, and serial number of the firearm, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of a semiautomatic pistol firearm are transferred by imprinting on each cartridge casing when the firearm is discharged. (4) To determine whether the normal operation of a firearm over time and repeated firing adversely affects the quality, reproducibility, and legibility of the firearms microstamping impressions on a cartridge case, whether metallic or non- metallic, fired in a microstamped firearm. (5) To determine if, utilizing a broad and diverse spectrum of pistols and handgun ammunition (both imported and domestically produced) that is commercially available for sale in the United States, a casing will be imprinted with a legible microstamp. (6) To determine the extra cost to manufacture firearms incorporating firearms microstamping technology on a mass production basis using manufacturing techniques and equipment commonly in use in the firearms industry. (7) The most effective method for casing recovery that can be used to collect fired cases for entry into a microstamping reading system and the cost of such recovery equipment. (8) Which countries, if any, require the sale of microstamped firearms and how effective microstamping has been in investigating crimes committed with microstamped firearms. (9) How many revolvers, manually operated handguns, semiautomatic handguns, manually operated rifles, and semiautomatic rifles are sold in the United States each year, the percentage of crimes committed with revolvers, other manually operated handguns, and manually operated rifles as compared with semiautomatic handguns and semiautomatic rifles, and the percentage of cases where spent shell casings are recovered at a crime scene. (10) Determine if, when implemented, microstamping would encourage a shift to the use of firearms that do not automatically eject spent casings, to neutralize microstamping identification. (11) A comprehensive list of environmental and nonenvironmental factors, including modifications to a firearm with common tools and interchangeable parts, that can remove or change the identifying marks on a cartridge case so as to preclude a scientifically reliable identification of a firearm that has been microstamped, and whether these factors would preclude the specimen from being admissible as evidence in a court of law. This would also include leaving spent shell casings from another firearm at a crime scene. (12) The technical improvements in database management that will be necessary to keep pace as the number of microstamped firearms increases, and the estimated cost of any improvements. (13) Legal issues that need to be addressed at the Federal and State levels to obtain the type of information that would be captured and stored as part of a national microstamping identification program and the sharing of the information between any State firearm identification systems and the Federal firearm identification system. (14) What storage and retrieval procedures guarantee the integrity of information concerning a microstamped firearm for an indefinite period of time and ensure proper chain of custody and admissibility of microstamped evidence or images in a court of law. (15) The time, cost, and resources necessary to enter microstamping information into a database listing all new handguns sold in the United States and those possessed lawfully by firearms owners. (16) The time, cost, and resources necessary to retrofit all firearms in the United States with microstamped parts and the cost of entering that information into a database. (17) The impediments to mandating the retrofitting of firearms in private hands with microstamping technology, and the potential cost to firearm owners of doing so. (18) The cost to Federal and State law enforcement of retrofitting firearms in their possession with microstamping technology. (19) Whether the cost of firearms microstamping technology outweighs the investigative benefit to law enforcement. (20) Whether State-based microstamping systems, or a combination of State and Federal microstamping systems can be used to create a centralized list of firearms owners. (21) The cost-effectiveness of systems currently in use by Federal and State law enforcement with regard to the forensic identification of spent projectiles, and whether an approach based on the National Integrated Ballistic Information Network (NIBIN) supported by the Bureau of Alcohol, Tobacco, Firearms, and Explosives is superior to using State-based microstamping initiatives. SEC. 4. CONSULTATION. In carrying out this Act, the National Research Council of the National Academy of Sciences shall consult with-- (1) Federal, State, and local officials with expertise in budgeting, administering, and using a ballistic imaging system, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation; (2) law enforcement officials who use ballistic imaging systems; (3) entities affected by the actual and proposed uses of microstamping technology, including manufacturers, distributors, importers, and retailers of firearms and ammunition, firearms purchasers and owners and their organized representatives, the Sporting Arms and Ammunition Manufacturers' Institute, Inc., the National Shooting Sports Foundation, Inc., and National Rifle Association; and (4) experts in ballistics imaging, microstamping, and related fields, such as the Association of Firearm and Tool Mark Examiners, projectile recovery system manufacturers, and universities that have conducted studies on microstamping including the University of California at Davis. SEC. 5. REPORT. Not later than 30 days after the National Research Council of the National Academy of Sciences completes the study conducted under section 3, the National Research Council shall submit to the Attorney General a report on the results of the study, and the Attorney General shall submit to the Congress a report, which shall be made public, that contains the results of the study. SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR MICROSTAMPING TECHNOLOGY. (a) In General.--Notwithstanding any other provision of law, a State shall not use Federal funds for microstamping technology until the report referred to in section 5 is completed and transmitted to the Congress. (b) Waiver Authority.--On request of a State, the Attorney General may waive the application of subsection (a) to a use of Federal funds upon a showing that the use would be in the national interest. SEC. 7. DEFINITIONS. In this Act: (1) The term ``microstamping technology'' means the process or technology of etching, engraving or otherwise imprinting on the interior surface or internal working parts of a firearm in a microscopic array of alpha numeric characters, bar, gear, or other code or symbol, that identifies the make, model, and serial number of the firearm or other unique distinguishing identification mark, code, or number associated with the firearm, that is intended to be transferred by imprinting or embossing on to the primer or other part of a cartridge case from a cartridge discharged in that firearm. (2) The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (3) The term ``rifle'' has the meaning given the term in section 921(a)(7) of title 18, United States Code. (4) The term ``cartridge case'' means the main body of a single round of ammunition into which other components are inserted to form a cartridge. (5) The terms ``manually operated handgun'' and ``manually operated rifle'' mean any handgun or rifle, as the case may be, in which all loading, unloading, and reloading of the firing chamber is accomplished through manipulation by the user. (6) The term ``semiautomatic handgun'' means any repeating handgun which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, which requires a separate pull of the trigger to fire each cartridge. (7) The term ``semiautomatic rifle'' has the meaning given the term in section 921(a)(28) of title 18, United States Code. (8) The term ``projectile'' means that part of ammunition that is, by means of an explosive, expelled through the barrel of a firearm. (9) The term ``revolver'' means a firearm with a cylinder having several chambers so arranged as to rotate around an axis and be discharged successively by the same firing mechanism through a common barrel.

Firearms Microstamping Evaluation and Study Act of 2010 - Directs the Attorney General to enter into an arrangement with the National Research Council of the National Academy of Sciences to conduct a study of the cost, feasibility, and benefits of firearms microstamping technology. Requires the Council to consult with federal, state, and local officials, law enforcement officials, entities affected by the actual and proposed uses of microstamping technology, and ballistics experts in carrying out such study. Defines "microstamping technology" to mean the process or technology of etching, engraving or otherwise imprinting on the interior surface or internal working parts of a firearm a microscopic array of alpha numeric characters, bar, gear, or other code or symbol that identifies the make, model, and serial number of the firearm.

To provide for the conduct of a study on the effectiveness of firearms microstamping technology and an evaluation of its effectiveness as a law enforcement tool.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Campaign of the Revolution Heritage Area Study Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Southern Campaign of the Revolution Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of South Carolina. (4) Study area.--The term ``study area'' means the study area described in section 3(b). SEC. 3. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA STUDY. (a) In General.--The Secretary, in consultation with State historic preservation officers, State historical societies, the South Carolina Department of Parks, Recreation, and Tourism, and other appropriate entities, shall conduct a study to assess the suitability and feasibility of designating the study area as the Southern Campaign of the Revolution Heritage Area. (b) Description of Study Area.--The study area-- (1) shall include the counties of Anderson, Beaufort, Charleston, Cherokee, Chester, Chesterfield, Colleton, Darlington, Dorchester, Fairfield, Florence, Georgetown, Greenville, Greenwood, Kershaw, Lancaster, Laurens, Marlboro, Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union, Williamsburg, and York in the State; and (2) may include-- (A) National Park Service sites in the State, including-- (i) the Charles Pickney National Historic Site; (ii) Cowpens National Battlefield; (iii) Fort Moultrie National Monument; (iv) Kings Mountain National Military Park; (v) the National Park Service affiliate of the Historic Camden Revolutionary War Site; and (vi) the Ninety Six National Historic Site; (B) sites maintained by the State, including-- (i) Andrew Jackson State Park; (ii) Colonial Dorchester State Historic Site; (iii) Fort Watson; (iv) Eutaw Springs Battle Site; (v) Hampton Plantation State Historic Site; (vi) Landsford Canal State Historic Site; and (vii) Musgrove Mill State Park; (C) other sites in the State that are open to the public, including-- (i) Goose Creek Church; (ii) Historic Brattonsville; (iii) Hopsewee Plantation; (iv) Middleton Place; and (v) Walnut Grove Plantation; (D) the cities of Beaufort, Camden, Cayce, Charleston, Cheraw, Georgetown, Kingstree, Orangeburg, and Winusboro, in the State; and (E) appropriate sites and locations in the State of North Carolina, as the Secretary determines to be appropriate. (c) Requirements.--The study shall include analysis, documentation, and determinations on whether the study area-- (1) has an assemblage of natural, historic, and cultural resources that-- (A) represent distinctive aspects of the heritage of the United States; (B) are worthy of recognition, conservation, interpretation, and continuing use; and (C) would be best managed-- (i) through partnerships between public and private entities; and (ii) by linking diverse and sometimes noncontiguous resources and active communities; (2) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (3) provides-- (A) outstanding opportunities to conserve natural, historical, cultural, or scenic features; and (B) outstanding recreational and educational opportunities; (4) contains resources that-- (A) are important to any identified themes of the study area; and (B) would support interpretation; (5) includes residents, business interests, nonprofit organizations, and State and local governments that-- (A) are involved in the planning of the Heritage Area; (B) have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; and (C) have demonstrated support for the designation of the Heritage Area; (6) has a potential management entity to work in partnership with the individuals and entities referred to in paragraph (5) while encouraging continued State and local economic activity; and (7) has a conceptual boundary map that is supported by the public. SEC. 4. REPORT. Not later than the 3rd fiscal year that begins after the date on which funds are first made available to carry out this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on-- (1) the findings of the Secretary; and (2) any conclusions and recommendations of the Secretary.

Southern Campaign of the Revolution Heritage Area Study Act - Directs the Secretary of the Interior to study and report to specified congressional committees on the suitability and feasibility of designating specified South Carolina counties, cities, public sites, other sites maintained by the State, and National Park Service sites in the State, as well as appropriate North Carolina sites, as the Southern Campaign of the Revolution Heritage Area.

A bill to direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Southern Campaign of the Revolution Heritage Area in the State of South Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Citizens' Protection and War Criminal Prosecution Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the Nuremberg and Tokyo Tribunals were convened following World War II, the United States has been the world's leading proponent of international justice. Today, the United States is pursuing justice for the architects of genocide and other gross crimes in Cambodia, East Timor, Rwanda, Sierra Leone, and the former Yugoslavia. (2) Bringing the perpetrators of genocide, war crimes, and crimes against humanity to justice is consistent with United States national interests and fundamental values. (3) Such crimes cause massive humanitarian tragedies, and refugee emergencies, that often significantly affect United States national interests. (4) The International Criminal Court will be a permanent court designed to investigate and bring to justice individuals who commit war crimes, crimes against humanity, and genocide. The International Criminal Court will be established under the Rome Statute, a treaty adopted in Rome on July 17, 1998, at a United Nations diplomatic conference. (5) On December 31, 2000, the United States signed the Rome Statute. As of June 28, 2001, 139 countries have signed the treaty and 36 countries have ratified it. Every member of the European Union and 18 of 19 members of the North Atlantic Treaty Organization have signed the Rome Statute. (6) United States servicemembers and United States officials involved in national security affairs deserve the full protection of the United States Government and should not be the subject of frivolous or politically motivated prosecutions by the International Criminal Court or any other foreign tribunal. (7) United States negotiators succeeded in ensuring that the Rome Statute contains numerous safeguards designed to protect United States citizens, including due process rights that former State Department Legal Adviser Monroe Leigh has called ``more detailed and comprehensive'' than those contained in the United States Bill of Rights. The Department of Justice has never objected to the Rome Statute on constitutional grounds. (8) Under the Rome Statute, the International Criminal Court must defer to United States jurisdiction in cases involving United States citizens or service personnel. The International Criminal Court may proceed in such cases only if it determines that the United States has decided not to prosecute the person concerned and that the decision resulted from the unwillingness or inability of the United States genuinely to prosecute the matter. (9) Upon signing the Rome Statute, President Clinton stated he did not intend to submit the Rome Statute in its present form to the Senate for advice and consent to ratification. The Bush Administration has also stated that it will not seek the Senate's advice and consent to ratification of the Rome Statute. (10) Many issues important to United States interests are still being negotiated by signatories to the Rome Statute. Continued United States engagement with the International Criminal Court can help protect United States interests. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Classified national security information.--The term ``classified national security information'' means information that is classified or classifiable under Executive Order 12958 or a successor executive order. (3) International criminal court.--The term ``International Criminal Court'' means the court established by the Rome Statute. (4) Party to the international criminal court.--The term ``party to the International Criminal Court'' means a government that has deposited an instrument of ratification, acceptance, approval, or accession to the Rome Statute, and has not withdrawn from the Rome Statute pursuant to Article 127 thereof. (5) Rome statute.--The term ``Rome Statute'' means the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998. (6) United states servicemember.--The term ``United States servicemember'' means any person that is subject to the provisions of chapter 47 of title 10, United States Code (relating to the Uniform Code of Military Justice). SEC. 4. STATEMENT OF POLICY. It is the sense of Congress that the United States should-- (1) maintain a policy of fully supporting the due process rights of all United States citizens before foreign tribunals, including before the International Criminal Court; (2) continue to participate in negotiations of the Preparatory Commission of the International Criminal Court and as an observer in the Assembly of States Parties in order to-- (A) ensure that the rules of procedure and evidence and elements of crimes adopted by the International Criminal Court conform to United States standards of due process, are formally adopted by the Assembly, and fairly applied by the International Criminal Court's judges and prosecutors; (B) seek a definition of the crime of aggression under the Rome Statute that is consistent with international law and fully respects the right of self- defense of the United States and its allies; and (C) ensure that United States interests are protected in the negotiations over the remaining elements of the International Criminal Court regime; (3) provide appropriate diplomatic and legal assistance to United States citizens, especially United States servicemembers and their dependents, who face prosecution without full due process in any forum, including, if applicable, before the International Criminal Court; and (4) undertake, in all diplomatic negotiations related to international legal matters, to ensure that no United States citizen, especially United States servicemembers and their dependents, will face frivolous prosecutions or prosecutions without full due process of law. SEC. 5. POLICY OF JUDICIAL ASSISTANCE AND PROTECTION FOR UNITED STATES CITIZENS AND SERVICEMEMBERS; STUDY AND REPORT. (a) Prohibition.--The United States shall not take any action to extradite or otherwise make available any United States citizen or United States servicemember to the International Criminal Court-- (1) if the United States is exercising its right under the Rome Statute to investigate or prosecute the crime under title 18, United States Code, or chapter 47 of title 10, United States Code (relating to the Uniform Code of Military Justice); or (2)(A) if, after any such investigation, no reasonable basis has been found to proceed with a prosecution of such person; or (B) if, after prosecution for such crime, such person has been acquitted. (b) Right To Investigate and Prosecute Under United States Law.--If a United States citizen or United States servicemember is accused of a crime under the Rome Statute, the United States shall in all cases fully exercise its right under the Rome Statute to investigate and, if appropriate, to prosecute the crime under title 18, United States Code, or chapter 47 of title 10, United States Code (relating to the Uniform Code of Military Justice), unless the President determines that it is not in the national interest to do so. (c) Study and Report.-- (1) Study.--The Attorney General, the Secretary of Defense, and the Secretary of State shall jointly conduct a study consisting of a review of the crimes defined under the Rome Statute and consideration of what amendments to title 18, United States Code, and chapter 47 of title 10, United States Code (relating to the Uniform Code of Military Justice) may be necessary to ensure that the United States can fully exercise its rights under Part 2 of the Rome Statute. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Defense, and the Secretary of State shall jointly submit to the appropriate congressional committees a report setting forth the findings of the study conducted under paragraph (1), including any recommendations for the enactment of legislation making the amendments described in that paragraph. (d) Protections for United States Defendants Before the International Criminal Court.--If a case involving a United States citizen or United States servicemember is found admissible by the International Criminal Court (within the meaning of Article 17 of the Rome Statute), then the President shall-- (1) use all appropriate diplomatic and legal resources to ensure that such person receives due process (including, in the case of a person entitled to assistance under section 1037 of title 10, representation and other assistance in the manner provided in that section); and (2) provide for the defendant whatever exculpatory evidence may be available. SEC. 6. REPORTING REQUIREMENT. (a) Requirement.--Not later than one year after the date of enactment of this Act, the President shall submit a report to the appropriate congressional committees-- (1) comparing the due process protections afforded under the Rome Statute to those due process protections afforded United States servicemembers and their dependents under Status of Forces Agreements, temporary Status of Forces Agreements, temporary Status of Mission Agreements and Letters of Assist in effect between the United States and foreign nations or international organizations as of the date of the report; and (2) comparing the due process protections afforded under the Rome Statute to those due process protections afforded United States citizens under bilateral extradition treaties to which the United States is a party, or multilateral treaties to which the United States is a party and which contain a provision authorizing extradition. (b) Elements of the Report.--The report required by subsection (a) shall describe, in particular, the extent to which United States citizens or United States servicemembers accused of crimes overseas currently are provided-- (1) the right to a jury trial; (2) the presumption of innocence; (3) the privilege against compelled self-incrimination; (4) the right to confront witnesses; (5) the protection against double jeopardy; (6) the freedom from unreasonable searches and seizures; (7) the right to be present at trial; (8) the right to effective assistance of counsel; and (9) the exclusion of unlawfully obtained evidence. SEC. 7. POLICY OF ASSISTANCE FOR THE PROSECUTION OF WAR CRIMINALS. (a) Support and Assistance Authorized.--Notwithstanding any other law, while the United States is not a party to the Rome Statute, the United States may provide support and assistance, as appropriate, on a case-by-case basis to the International Criminal Court for the prosecution of accused war criminals, particularly those accused of crimes against United States servicemembers, United States citizens, or citizens of countries friendly to, or allied with, the United States when the President determines that doing so would serve important United States interests. (b) Support and Assistance Defined.--In this section, the term ``support and assistance'' includes financial support, compliance with extradition requests, provision of appropriate intelligence information, legal assistance, and such other assistance that is ordinarily provided under treaties and executive agreements for mutual legal assistance. SEC. 8. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CERTAIN CLASSIFIED NATIONAL SECURITY INFORMATION TO THE INTERNATIONAL CRIMINAL COURT. (a) Direct Transfer.--Except as provided in section 7, and not later than the date of entry into force of the Rome Statute, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified national security information to the International Criminal Court. (b) Indirect Transfer.--Except as provided in section 7, and not later than the date of entry into force of the Rome Statute, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified national security information relevant to matters under consideration by the International Criminal Court to the United Nations and to the government of any country that is a party to the International Criminal Court unless the United Nations or that government, as the case may be, has provided written assurances that such information will not be made available to the International Criminal Court. SEC. 9. ALLIANCE COMMAND ARRANGEMENTS. (a) Report on Alliance Command Arrangements.--Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report with respect to each military alliance to which the United States is party-- (1) describing the degree to which members of the Armed Forces of the United States may, in the context of military operations undertaken by or pursuant to that alliance, be placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court because they are nationals of a party to the International Criminal Court; and (2) evaluating the degree to which members of the Armed Forces of the United States engaged in military operations undertaken by or pursuant to that alliance may be exposed to greater risks as a result of being placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court. (b) Description of Measures To Achieve Enhanced Protection for Members of the Armed Forces of the United States.--Not later than one year after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a description of modifications to command and operational control arrangements within military alliances to which the United States is a party that could be made in order to reduce any risks to members of the Armed Forces of the United States identified pursuant to subsection (a)(2). (c) Submission in Classified Form.--The report under subsection (a), and the description of measures under subsection (b), or appropriate parts thereof, may be submitted in classified form. SEC. 10. CERTIFICATION PRIOR TO SUBMISSION OF ROME STATUTE TO THE SENATE AS A TREATY. Prior to submission of the Rome Statute to the Senate for its advice and consent to ratification, the President should certify that the International Criminal Court has established a demonstrated record of fair and impartial prosecution of genocide, war crimes, and crimes against humanity.

American Citizens' Protection and War Criminal Prosecution Act of 2001 - Expresses the sense of Congress that the United States should: (1) support the due process rights of U.S. citizens before foreign tribunals, including the International Criminal Court (ICC); (2) continue to participate in negotiations of the ICC's Preparatory Commission and as an observer in the Assembly of States Parties; (3) provide diplomatic and legal assistance to U.S. citizens who face prosecution without full due process; and (4) undertake to ensure that no U.S. citizen will face prosecutions without due process.Declares that the United States shall not extradite U.S. citizens to the ICC under specified circumstances.Directs: (1) the United States, if a U.S. citizen is accused of a crime under the Rome Statute to the ICC, to investigate and prosecute the crime, with an exception; and (2) the President, if a case involving a U.S. citizen is found admissible, to use diplomatic and legal resources to ensure that such person receives due process and available exculpatory evidence.Sets forth various study and reporting requirements.Authorizes the United States to provide assistance to the ICC for the prosecution of accused war criminals.Directs the President to: (1) ensure that procedures are in place to prevent the transfer of classified national security information to the ICC, the United Nations, and other governments; and (2) certify, prior to submission of the Rome Statute to the Senate, that the ICC has established a demonstrated record of fair and impartial prosecution.

To provide for the protection of the due process rights of United States citizens (including United States servicemembers) before foreign tribunals, including the International Criminal Court, for the prosecution of war criminals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Math and Science Teacher Recruitment Act of 2002''. 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, 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 low-income public 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 (g), 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 a low- income public school in grades 7 through 12, inclusive, as a teacher of mathematics or science; ``(B) has entered into an agreement with the local educational agency to continue teaching in such grades and subject matter for not less than 3 complete school years; ``(C) 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 school in which the borrower is employed; ``(D) 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 ``(E) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulation 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 of funds available to carry out this section. ``(3) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of paragraph (1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such paragraph, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(4) Prohibition 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. ``(c) Qualified Loan Amounts.-- ``(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 $20,000. ``(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) Definitions.--For purposes of this section: ``(1) The term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(2) The term `low-income public school' means a public school with high percentages or numbers of students from low- income families, as determined under section 1113(a)(5) or 1124(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5), 6333(c)(1)). ``(e) Rule of Construction.--Nothing in this section may be construed to authorize any refunding of any repayment of a loan. ``(f) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2003 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, 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 low-income public 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 (g), 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 a public school in grades 7 through 12, inclusive, as a teacher of mathematics or science; ``(B) has entered into an agreement with the local educational agency to continue teaching in such grades and subject matter for not less than 3 complete school years; ``(C) 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 school in which the borrower is employed; ``(D) 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 ``(E) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulation 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 of funds available to carry out this section. ``(3) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of paragraph (1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such paragraph, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(4) Prohibition 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. ``(c) Qualified Loan Amounts.-- ``(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 $20,000. ``(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) Definitions.--For purposes of this section: ``(1) The term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(2) The term `low-income public school' means a public school with high percentages or numbers of students from low- income families, as determined under section 1113(a)(5) or 1124(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5), 6333(c)(1)). ``(e) Rule of Construction.--Nothing in this section may be construed to authorize any refunding of any repayment of a loan. ``(f) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2003 and each of the 5 succeeding fiscal years.''. SEC. 3. PUBLICATION OF INFORMATION CONCERNING AVAILABILITY OF PROGRAM. Section 485(a)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)(M)) is amended-- (1) by striking ``, and'' at the end of clause (i) and inserting a semicolon; (2) by inserting ``and'' after the semicolon at the end of clause (ii); and (3) by inserting after clause (ii) the following new clause: ``(iii) obtain repayment or cancellation of a portion of such loan for service as a teacher under sections 428J, 428K, 460, and 460A;''.

Math and Science Teacher Recruitment Act of 2002 - Amends the Higher Education Act of 1965 to establish new programs of student guaranteed and direct loan forgiveness for mathematics and science teachers in low-income, public middle and secondary 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 establish expanded 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 ``Resident Physician Shortage Reduction Act of 2007''. SEC. 2. INCREASING THE MEDICARE CAPS ON GRADUATE MEDICAL EDUCATION POSITIONS FOR STATES WITH A SHORTAGE OF RESIDENTS. (a) Direct Graduate Medical Education.--Section 1886(h)(4)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended-- (1) in clause (i), by inserting ``clause (iii) and'' after ``subject to''; and (2) by adding at the end the following new clause: ``(iii) Increase in caps on graduate medical education positions for states with a shortage of residents.-- ``(I) In general.--For cost reporting periods beginning on or after the date that is 16 months after the date of enactment of the Resident Physician Shortage Reduction Act of 2007, the Secretary shall increase the otherwise applicable limit on the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine determined under clause (i) with respect to a qualifying hospital in an eligible State by an amount determined appropriate by the Secretary. Such increase shall be phased-in over a period of 5 cost reporting periods beginning with the first cost reporting period in which the increase is applied under the previous sentence to the hospital. For each eligible State the aggregate number of such increases shall be-- ``(aa) not less than 15; and ``(bb) not greater than the State resident cap increase. ``(II) Qualifying hospital.--In this clause, the term `qualifying hospital' means a hospital located in an eligible State that the Secretary determines should receive an increase under this clause in the otherwise applicable limit on the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine. ``(III) Eligible state.--In this clause, the term `eligible State' means a State for which the National median medical resident ratio exceeds the State medical resident ratio. ``(IV) State resident cap increase.--In this clause, the term `State resident cap increase' means, with respect to a State, \1/4\ of the product of-- ``(aa) the difference between the National median medical resident ratio and the State medical resident ratio; and ``(bb) the State population (as determined for purposes of subclause (VI)). ``(V) National median medical resident ratio.--In this clause, the term `National median medical resident ratio' means the median of all State medical resident ratios. ``(VI) State medical resident ratio.--In this clause, the term `State medical resident ratio' means, with respect to any State, the ratio of full-time equivalent residents in the State in approved medical residency training programs as of the date of enactment of the Resident Physician Shortage Reduction Act of 2007 to the population of the State as of such date, as determined by the Secretary. ``(VII) State.--In this clause, the term `State' means a State and the District of Columbia. ``(VIII) Considerations in determining resident cap increases.--In determining whether a hospital is a qualifying hospital, and how much of an increase in the resident cap a qualifying hospital shall receive under subclause (I), the Secretary shall take into consideration the demonstrated likelihood of the hospital filling resident positions that would be made available as a result of such increase within the first 3 cost reporting periods beginning on or after the date that is 16 months after the date of enactment of the Resident Physician Shortage Reduction Act of 2007. The Secretary shall also take into consideration whether the new resident positions will be in primary care, preventive medicine, or geriatrics programs.''. (b) Indirect Medical Education.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause: ``(x) Clause (iii) of subsection (h)(4)(F) shall apply to clause (v) in the same manner and for the same period as such clause (iii) applies to clause (i) of such subsection.''.

Resident Physician Shortage Reduction Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to increase, over five cost reporting periods, the Medicare caps on the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine (graduate medical education (GME) positions) for states with a shortage of residents. Requires the aggregate number of such increases for a state to be at least 15, but no more than the state resident cap increase.

To amend title XVIII of the Social Security Act to increase the Medicare caps on graduate medical education positions for States with a shortage of residents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran and Syria Nonproliferation Enforcement Act of 2006''. SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN NONPROLIFERATION ACT OF 2000. (a) Application of Certain Measures.--Section 3 of the Iran and Syria Nonproliferation Act (50 U.S.C. 1701 note) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Application of Measures.--Subject to sections 4 and 5, the President shall apply, for a period of not less than 2 years, the measures described in subsection (b) with respect to-- ``(1) each foreign person identified in a report submitted pursuant to section 2(a); ``(2) all successors, subunits, and subsidiaries of each such foreign person; and ``(3) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, any such foreign person and any successors, subunits, and subsidiaries of such entity.''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Executive order no. 12938 prohibitions.--The measures set forth in subsections (b), (c), and (d) of section 4 of Executive Order 12938.''; (B) in paragraph (2)-- (i) by striking ``to that foreign person''; and (ii) by striking ``to that person''; (C) in paragraph (3), by striking ``to that person''; and (D) by adding at the end the following new paragraphs: ``(4) Investment prohibition.--Prohibition of any new investment by a United States person in property, including entities, owned or controlled by-- ``(A) that foreign person; ``(B) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, such foreign person; or ``(C) any successor, subunit, or subsidiary of such entity. ``(5) Financing prohibition.--Prohibition of any approval, financing, or guarantee by a United States person, wherever located, of a transaction by-- ``(A) that foreign person; ``(B) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, such foreign person; or ``(C) any successor, subunit, or subsidiary of such entity. ``(6) Financial assistance prohibition.--Denial by the United States Government of any credit, credit guarantees, grants, or other financial assistance by any department, agency, or instrumentality of the United States Government to-- ``(A) that foreign person; ``(B) any entity (if operating as a business enterprise) that owns more than 50 percent of, or controls in fact, such foreign person; and ``(C) any successor, subunit, or subsidiary of such entity.''; and (3) by amending subsection (d) to read as follows: ``(d) Publication in Federal Register.-- ``(1) In general.--The application of measures pursuant to subsection (a) shall be announced by notice published in the Federal Register. ``(2) Content.--Each notice published pursuant to paragraph (1) shall include the name and address (where known) of each person or entity to whom measures have been applied pursuant to subsection (a).''. (b) National Security Waiver.--Section 4 of such Act is amended to read as follows: ``SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY. ``(a) In General.--The President may waive the imposition of any sanction that would otherwise be required under section 3 on any person or entity 15 days after the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that such waiver is essential to the national security of the United States. ``(b) Written Justification.--The determination and report of the President under subsection (a) shall include a written justification-- ``(1) describing in detail the circumstances and rationale supporting the President's conclusion that the waiver is essential to the national security of the United States; and ``(2) identifying-- ``(A) the name and address (where known) of the person or entity to whom the waiver is applied pursuant to subsection (a); ``(B) the specific goods, services, or technologies, the transfer of which would have required the imposition of measures pursuant to section 3 if the President had not invoked the waiver authority under subsection (a); and ``(C) the name and address (where known) of the recipient of such transfer. ``(c) Form.--The written justification shall be submitted in unclassified form, but may contain a classified annex.''.

Iran and Syria Nonproliferation Enforcement Act of 2006 - Amends the Iran and Syria Nonproliferation Act respecting the imposition of sanctions under such Act to: (1) apply sanctions for a minimum two-year period; (2) apply sanctions to an identified foreign person, a successor or subsidiary, and an entity controlling more than 50% of such foreign person, successor, or subsidiary (currently, such provision applies only to a foreign person); (3) include among applicable sanctions under Executive Order 12938 certain exemptions for military, medical, or humanitarian purposes; (4) establish investment, financing, and financial assistance prohibitions; and (5) require publication of sanctions applicable to such expanded entities in the Federal Register. Authorizes the President to waive, with congressional notification, the imposition of any sanction for national security purposes.

A bill to make amendments to the Iran and Syria Nonproliferation Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Accountability Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 20, 2001, President George Bush stated at a joint session of Congress that ``[e]very nation, in every region, now has a decision to make . . . [e]ither you are with us, or you are with the terrorists . . . [f]rom this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime''. (2) United Nations Security Council Resolution 1373 (September 28, 2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (3) The Government of Syria is currently prohibited by United States law from receiving United States assistance because it is listed as state sponsor of terrorism. (4) Although the Department of State lists Syria as a state sponsor of terrorism and reports that Syria provides ``safe haven and support to several terrorist groups'', fewer United States sanctions apply with respect to Syria than with respect to any other country that is listed as a state sponsor of terrorism. (5) Terrorist groups, including Hizballah, Hamas, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command maintain offices, training camps, and other facilities on Syrian territory and operate in areas of Lebanon occupied by the Syrian armed forces and receive supplies from Iran through Syria. (6) United Nations Security Council Resolution 520 (September 17, 1982) calls for ``strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese Army throughout Lebanon''. (7) More than 20,000 Syrian troops and security personnel occupy much of the sovereign territory of Lebanon exerting undue influence upon its government and undermining its political independence. (8) Since 1990 the Senate and House of Representatives have passed seven bills and resolutions which call for the withdrawal of Syrian armed forces from Lebanon. (9) Large and increasing numbers of the Lebanese people from across the political spectrum in Lebanon have mounted peaceful and democratic calls for the withdrawal of the Syrian Army from Lebanese soil. (10) Israel has withdrawn all of its armed forces from Lebanon in accordance with United Nations Security Council Resolution 425 (March 19, 1978), as certified by the United Nations Secretary General. (11) Even in the face of this United Nations certification that acknowledged Israel's full compliance with Resolution 425, Syria permits attacks by Hizballah and other militant organizations on Israeli outposts at Shebaa Farms, under the false guise that it remains Lebanese land, and is also permitting attacks on civilian targets in Israel. (12) Syria will not allow Lebanon--a sovereign country--to fulfill its obligation in accordance with Security Council Resolution 425 to deploy its troops to southern Lebanon. (13) As a result, the Israeli-Lebanese border and much of southern Lebanon is under the control of Hizballah which continues to attack Israeli positions and allows Iranian Revolutionary Guards and other militant groups to operate freely in the area, destabilizing the entire region. (14) The United States provides $40,000,000 in assistance to the Lebanese people through private nongovernmental organizations, $7,900,000 of which is provided to Lebanese- American educational institutions. (15) In the State of the Union address on January 29, 2002, President Bush declared that the United States will ``work closely with our coalition to deny terrorists and their state sponsors the materials, technology, and expertise to make and deliver weapons of mass destruction''. (16) The Government of Syria continues to develop and deploy short and medium range ballistic missiles. (17) The Government of Syria is pursuing the development and production of biological and chemical weapons. (18) United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions restrict the sale of oil and other commodities by Iraq, except to the extent authorized by other relevant resolutions. (19) Syria, a non-permanent United Nations Security Council member, is receiving between 150,000 and 200,000 barrels of oil from Iraq in violation of Security Council Resolution 661 and subsequent relevant resolutions. (20) Syrian President Bashar Assad promised Secretary of State Powell in February 2001 to end violations of Security Council Resolution 661 but this pledge has not been fulfilled. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command; (2) the Government of Syria should immediately declare its commitment to completely withdraw its armed forces, including military, paramilitary, and security forces, from Lebanon, and set a firm timetable for such withdrawal; (3) the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (September 17, 1982), in order to assert the sovereignty of the Lebanese state over all of its territory, and should evict all terrorist and foreign forces from southern Lebanon, including Hizballah and the Iranian Revolutionary Guards; (4) the Government of Syria should halt the development and deployment of short and medium range ballistic missiles and cease the development and production of biological and chemical weapons; (5) the Government of Syria should halt illegal imports and transshipments of Iraqi oil and come into full compliance with United Nations Security Council Resolution 661 and subsequent relevant resolutions; (6) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace; and (7) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence, as called for in United Nations Security Council Resolution 520. SEC. 4. STATEMENT OF POLICY. It should be the policy of the United States that-- (1) the United States will continue its campaign against international terror to all places where terrorism exists; (2) Syria will be held responsible for all attacks committed by Hizballah and other terrorist groups with offices or other facilities in Syria, or bases in areas of Lebanon occupied by Syria; (3) the United States will work to deny Syria the ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction; (4) the Secretary of State will continue to list Syria as a state sponsor of terrorism until Syria ends its support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with United States law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001); (5) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the national security interest of the United States; (6) Syria is in violation of United Nations Security Council Resolution 520 (September 17, 1982) through its continued occupation of Lebanese territory and its encroachment upon its political independence; (7) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli- Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520; (8) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and the national security interests of the United States; (9) Syria is in violation of United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions through its continued purchase of oil from Iraq; and (10) the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria withdraws its armed forces from Lebanon, halts the development and deployment of weapons of mass destruction and ballistic missiles, and complies with Security Council Resolution 661 and subsequent relevant resolutions. SEC. 5. PENALTIES AND AUTHORIZATION. (a) Penalties.--Until the President makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (c) and certifies such determination to Congress in accordance with such subsection-- (1) the President shall prohibit the export to Syria of any item, including the issuance of a license for the export of any item, on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations (15 C.F.R. part 730 et seq.); (2) the President shall prohibit United States Government assistance, including loans, credits, or other financial assistance, to United States businesses with respect to investment or other activities in Syria; (3) the President shall prohibit the conduct of programs of the Overseas Private Investment Corporation and the Trade and Development Agency in or with respect to Syria; and (4) the President shall impose two or more of the following sanctions: (A) Prohibit the export of products of the United States (other than food and medicine) to Syria. (B) Prohibit United States businesses from investing or operating in Syria. (C) Restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively. (D) Prohibit aircraft of any air carrier owned or controlled by Syria to take off from, land in, or overfly the United States. (E) Reduce United States diplomatic contacts with Syria (other than those contacts required to protect United States interests or carry out the purposes of this Act). (F) Block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States. (b) Waiver.--The President may waive the application of either paragraph (2) or (3) (or both) of subsection (a) if the President determines that it is in the national security interest of the United States to do so. (c) Authority To Provide Assistance to Syria and Lebanon.--If the President-- (1) makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (d) and certifies such determination to Congress in accordance with such subsection; (2) determines that substantial progress has been made both in negotiations aimed at achieving a peace agreement between Israel and Syria and in negotiations aimed at achieving a peace agreement between Israel and Lebanon; and (3) determines that the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under paragraph (4) of United Nations Security Council Resolution 520 (1982), then the President is authorized notwithstanding any other provision of law to provide assistance to Syria and Lebanon under chapter 1 of Part I of the Foreign Assistance Act of 1961 (relating to development assistance). (d) Certification.--A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that-- (1) the Government of Syria does not provide support for international terrorist groups and does not allow terrorist groups, such as Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine--General Command to maintain facilities in Syria; (2) the Government of Syria has withdrawn all Syrian military, intelligence, and other security personnel from Lebanon; (3) the Government of Syria has ceased the development and deployment of ballistic missiles and has ceased the development and production of biological and chemical weapons; and (4) the Government of Syria is no longer in violation of United Nations Security Council Resolution 661 and subsequent relevant resolutions. SEC. 6. REPORT. (a) Report.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter until the conditions described in paragraphs (1) through (4) of section 5(c) are satisfied, the Secretary of State shall submit to the appropriate congressional committees a report on-- (1) Syria's progress toward meeting the conditions described in paragraphs (1) through (4) of section 5(c); and (2) connections, if any, between individual terrorists and terrorist groups which maintain offices, training camps, or other facilities on Syrian territory, or operate in areas of Lebanon occupied by the Syrian armed forces, and the attacks against the United States that occurred on September 11, 2001, and other terrorist attacks on the United States or its citizens, installations, or allies. (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this Act, the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met.

To halt Syrian support for terrorism, end its occupation of Lebanon, stop its development of weapons of mass destruction, cease its illegal importation of Iraqi oil, and by so doing hold Syria accountable for the serious international security problems it has caused in the Middle East, and for other purposes.

SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of steel-jawed leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``article of fur'' means-- (A) any furskin, whether raw or tanned or dressed; or (B) any article, however produced, that consists in whole or part of any furskin. For purposes of subparagraph (A), the terms ``furskin'', ``raw'', and ``tanned or dressed'' have the same respective meanings as those terms have under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States. (2) The term ``interstate commerce'' shall have the same meaning as that given to such term in section 10 of title 18, United States Code. (3) The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (4) The term ``person'' includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (5) The term ``Secretary'' means the Secretary of the Interior. (6) The term ``conventional steel-jawed leghold trap'' means any spring-powered pan- or sear-activated device with two opposing steel jaws, whether the jaws are smooth, toothed, padded, or offset, which is designed to capture an animal by snapping closed upon the animal's limb or part thereof. SEC. 3. PROHIBITED ACTS AND PENALTIES. (a) Prohibition.--No article of fur shall be imported, exported, or shipped in interstate commerce if any part or portion of such article is derived from an animal that was trapped in a conventional steel- jawed leghold trap. (b) Offenses.--It is unlawful for any person knowingly-- (1) to import, export, ship, or receive any article of fur in contravention of subsection (a); (2) to import, export, deliver, carry, transport, or ship by any means whatever, in interstate commerce, any conventional steel-jawed leghold trap; (3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, transported, or shipped in contravention of paragraph (2); or (4) to violate any regulation prescribed by the Secretary under this section. (c) Penalties.--Any person who knowingly commits an act which violates subsection (a) or (b), or any regulation issued under this section, shall, in addition to any other penalty that may be imposed-- (1) for the first such violation, be guilty of an infraction under title 18, United States Code; and (2) for each subsequent violation, be imprisoned for not more than two years, or fined in the amount set forth in title 18, United States Code, or both. SEC. 4. REWARDS. The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any regulation issued thereunder, an amount equal to one half of the fine paid pursuant to the conviction. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 5. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, the provisions of this Act and any regulations issued pursuant thereto shall be enforced by the Secretary, who may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such regulations. (b) Export and Import Violations.-- (1) Import violations.--The importation of articles in contravention of section 3 shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws shall apply thereto. (2) Export violations.--The authorities under the Export Administration Act of 1979 (including penalties) shall be used to enforce the provisions of this Act relating to the export of articles in contravention of section 3. (c) Judicial Process.--The district courts of the United States may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulation issued thereunder. (d) Enforcement Authorities.--Any individual having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seize any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to a violations to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to a violation to which subsection (b) applies) committed in his or her presence or view or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (e) Forfeiture.--Except with respect to exports to which the provisions of the Export Administration Act of 1979 apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States. Those provisions of law relating to-- (1) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws, (2) the disposition of such property or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeitures, and (4) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this title; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (f) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act or regulation issued under authority thereof. (g) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and regulations issued thereunder, are enforced in the most effective and efficient manner. SEC. 6. REGULATIONS. The Secretary shall prescribe such regulations as are necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.

Prohibits the import, export, or shipment in interstate commerce of conventional steel jawed leghold traps and of articles of fur derived from animals trapped in such traps. Prescribes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward informers (other than Government employees performing official duties) for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.

To end the use of steel-jawed leghold traps on animals in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Bank for America Act of 2017''. SEC. 2. ESTABLISHMENT OF THE INFRASTRUCTURE BANK FOR AMERICA. (a) In General.--The formation agent shall, in accordance with such rules and regulations as the Secretary of the Treasury may prescribe, make and file with the Secretary at the earliest practicable date after the date of the enactment of this Act, an organization certificate which shall contain such information as the Secretary may require. Upon the making and filing of such organization certificate with the Secretary, such formation agent shall become a body corporate to be known as the ``Infrastructure Bank Holding Company'' (hereinafter referred to as the ``Holding Company''), which shall be the parent company of the ``Infrastructure Bank for America'' (hereinafter referred to as the ``Bank''), which is hereby established and which shall-- (1) serve as a lender for infrastructure projects, both directly and indirectly through State and local governments and State infrastructure banks, as provided under this Act; (2) maintain its principal office in New York City or the District of Columbia or the metropolitan area thereof; (3) be deemed, for purposes of jurisdiction and venue in civil actions to be a Delaware corporation; and (4) have all powers, not inconsistent with the provisions of this Act, as are customary and usual in corporations generally. (b) Regional Offices.--The Bank shall establish regional offices, for the purpose of focusing on projects in different areas of the United States. (c) Board of Directors.--The Bank shall have a board of directors, which shall-- (1) initially consist of 7 members, or such other number as the Bank determines appropriate; (2) be elected by the Bank's shareholders; (3) within the limitations of law and regulation, determine the general policies which shall govern the operations of the Bank, and have power to adopt, amend, and repeal bylaws governing the performance of the powers and duties granted to or imposed upon the Bank by law; and (4) select and effect the appointment of qualified persons to fill the office of the Chief Executive Officer and, along with the Chief Executive Officer, such other offices as may be provided for in the bylaws. (d) Treatment of Shareholders of the Formation Agent.--The Holding Company shall, upon establishment, issue equity securities of the Holding Company to each shareholder of the formation agent, in an amount that the Board of Directors determines has a value equal to the value of equity securities of the formation agent held by such shareholder upon the establishment of the Holding Company. (e) Earnings and Reserves Not Government Funds.--The earnings and reserves of the Holding Company and the Bank shall be the sole property of the Holding Company and the Bank and shall not be construed to be Government or public funds or appropriated money. SEC. 3. FUNCTIONS OF THE BANK. (a) In General.--The Bank shall provide-- (1) direct loans and loan guarantees to private entities for the construction or maintenance of revenue-producing infrastructure projects; and (2) indirect loans and loan guarantees to State and local governments and State infrastructure banks, for the construction or maintenance of infrastructure projects. (b) Support for Rural Projects.--At least 7 percent of the dollar amount of loans and loan guarantees provided by the Bank shall be with respect to infrastructure projects in rural areas. (c) No Commercial or Investment Banking Activities.--The Bank shall not accept customer deposits nor engage in financial or investment banking activities, such as trust management or underwriting securities. (d) Pledge and Credit Facilities.-- (1) Pledge.--The Bank shall have the authority to pledge its loans to the discount window of the Board of Governors of the Federal Reserve System and as advances to any Federal Home Loan Bank. (2) Line of credit.--The Secretary shall provide a line of credit to the Bank in a similar manner to the facility available to the Federal National Mortgage Association and the Federal Home Loan Banks. SEC. 4. HOLDING COMPANY SECURITIES. (a) Equity Securities.-- (1) In general.--The Holding Company shall issue such equity securities as the Holding Company determines appropriate. (2) Dividends.--The Holding Company may make such dividend payments on the equity securities of the Holding Company as the Holding Company determines appropriate. (3) Initial issuance amount.--The Holding Company shall have the goal of raising $100,000,000,000 in the initial issuance of equity securities, the purpose of which is to fund the Bank. (b) Bonds.-- (1) Standard bonds.--The Holding Company shall issue standard bonds, with maturities up to 30 years, or longer as needed. (2) Repatriated cash bonds.-- (A) In general.--The Holding Company shall issue special bonds, named ``Repatriation Bonds'', with maturities up to 30 years or longer as needed, that are only purchasable using dividends to which section 965(g) of the Internal Revenue Code of 1986 applied. (B) Use of repatriated cash to purchase securities.--For treatment of dividends used to purchased special bonds under this paragraph, see section 965(g) of the Internal Revenue Code of 1986. (C) 5-year limitation.--The Holding Company may not issue any new Repatriation Bonds after the end of the 5-year period beginning on the date the Bank is established. (3) Other bonds.--The Holding Company may issue such other bonds, notes, and marketable securities with maturities and interest rates as the Holding Company determines appropriate. (4) Initial issuance amount.--The Holding Company shall have the goal of making initial bond sales in an aggregate amount of $1,000,000,000,000 or more. (5) Treasury oversight and authority to purchase bonds.-- (A) Approval required.--Before issuing any bonds, the Holding Company shall submit a proposal for such bond issuance to the Secretary, and the Holding Company may only issue such bonds if the Secretary approves the proposal. (B) Authority to purchase bonds.-- (i) In general.--The Secretary may purchase bonds issued under this subsection. (ii) Limitation.--The aggregate amount of outstanding bonds purchased by the Secretary under this subsection may not exceed 5 percent of the total amount of the Holding Company's outstanding bonds. (c) Leverage Limitation.--The Holding Company and the Bank shall seek to maintain risk based capital at no less than 10 percent. SEC. 5. OVERSIGHT AND REGULATION. (a) Board of Governors of the Federal Reserve System.--The Board of Governors of the Federal Reserve System shall have oversight and supervisory authority over the Infrastructure Bank Holding Company and the Bank in order to ensure the safe and sound operations of the Infrastructure Bank Holding Company and the Bank. (b) Secretary of the Treasury.--The Secretary shall establish an office, which shall report to the Assistant Secretary of the Treasury for Financial Institutions, which shall have oversight and supervisory authority over the issuance of bonds by the Infrastructure Bank Holding Company and the Bank in order to ensure the safe and sound financing of the Infrastructure Bank Holding Company and the Bank. SEC. 6. INFRASTRUCTURE GUARANTEE FUND. (a) Establishment.--The Bank shall establish an Infrastructure Guarantee Fund, which shall be available for State and local governments and other persons who wish to deposit funds to be used with respect to specific loans or loan guarantees made by the Bank, in the event of any non-payment by the recipient of such loan or loan guarantee. (b) Return of Funds.--Any funds described under subsection (a) that are remaining at the time such loans or guaranteed loans are repaid shall be returned to the State or local government or other person who deposited the funds. SEC. 7. HOLDING COMPANY AND BANK EXEMPTION FROM TAXATION. The Holding Company and the Bank, including its franchise, its capital, reserves, and surplus, its advances, and its income shall be exempt from all taxation now or hereafter imposed by the United States, by any territory, dependency, or possession thereof, or by any State, county, municipal, or local taxing authority, except that any real property of the Holding Company and the Bank shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. SEC. 8. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR REPATRIATED FOREIGN EARNINGS USED TO PURCHASE HOLDING COMPANY BONDS. (a) In General.--Section 965 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Temporary Extension and Modification.-- ``(1) In general.--In the case of an election under this subsection, subsection (f)(1) shall be applied by substituting `the date of the enactment of subsection (g)' for `the date of the enactment of this section'. ``(2) Percentage deductible.--In the case of an election under this subsection, subsection (a)(1) shall be applied by substituting `100 percent' for `85 percent'. ``(3) Requirement to invest in bonds.--In the case of an election under this subsection-- ``(A) subsection (b)(4) shall not apply, and ``(B) subsection (a) shall only apply to so much of the portion dividends received by a United States shareholder during the taxable year as does not exceed the amount paid by the shareholder during such taxable year for bonds issued under section 4(b)(2) of the Infrastructure Bank for America Act of 2017. ``(4) Special rules.-- ``(A) Recapture in case of bonds sold during recapture period.--The Secretary shall, by regulations, provide for recapturing the applicable percentage of the benefit under any deduction allowable by this subsection if before the end of the 10-year period beginning on the date of the purchase of the bond to which this subsection applies the taxpayer disposes of such bond. ``(B) Applicable percentage.--For purposes of this paragraph, the applicable percentage shall be determined under the following table: ``In the case of a disposition in the following year of The applicable such 10-year period: percentage shall be: First year................................... 100 percent Second year.................................. 90 percent Third year................................... 80 percent Fourth year.................................. 70 percent Fifth year................................... 60 percent Sixth year................................... 50 percent Seventh year................................. 40 percent Eighth year.................................. 30 percent Ninth year................................... 20 percent Tenth year................................... 10 percent.''. (b) Conforming Amendment.-- (1) Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2016''. (2) Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``September 1, 2017''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending on or after the date of the enactment of this Act. SEC. 9. INFRASTRUCTURE BANK HOLDING COMPANY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. INFRASTRUCTURE BANK HOLDING COMPANY CREDIT. ``(a) In General.--For purposes of section 38, in the case of a taxpayer who holds a qualified Holding Company equity investment on a credit allowance date of such investment which occurs during the taxable year, the Infrastructure Bank Holding Company credit determined under this section for such taxable year is an amount equal to 16 percent of the amount paid to the Holding Company for such investment at its original issue. ``(b) Credit Allowance Date.--For purposes of this section, credit allowance date with respect to any qualified Holding Company equity investment is-- ``(1) the date on which such investment is initially made, and ``(2) each of the 4 anniversary dates of such date thereafter. ``(c) Qualified Holding Company Equity Investment.--For purposes of this section, the term `qualified Holding Company equity investment' means any equity investment originally issued by the Holding Company to the taxpayer under section 4(a)(1) of the Infrastructure Bank for America Act of 2017 not later than 3 years after the date of the enactment of such Act. ``(d) Holding Company.--For purposes of this section, the term `Holding Company' means the Infrastructure Bank Holding Company established under the Infrastructure Bank for America Act of 2017. ``(e) Basis Reduction.--The basis of any qualified Holding Company equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the Infrastructure Bank Holding Company credit determined under section 45S.''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(e).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Bank.--The term ``Bank'' means the Infrastructure Bank for America established under section 2. (2) Formation agent.--The term ``formation agent'' means an entity selected by the Secretary. (3) Infrastructure bank holding company.--The term ``Infrastructure Bank Holding Company'' means the company-- (A) by that name incorporated by the formation agent; and (B) acting as the parent company of the Bank after the establishment of the Bank. (4) Revenue-producing infrastructure project.--The term ``revenue-producing infrastructure project'' means an infrastructure project that, when complete, generates revenue from user fees. (5) Risk based capital.--The term ``risk based capital'' shall have the meaning given that term by the Board of Governors of the Federal Reserve System. (6) Rural.--The term ``rural'' means a county that is neither in a metropolitan statistical area nor in a micropolitan statistical area that is adjacent to a metropolitan statistical area, as those terms are defined by the U.S. Office of Management and Budget and as they are applied under currently applicable Urban Influence Codes, established by the United States Department of Agriculture's Economic Research Service. (7) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (8) State.--The term ``State'' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. (9) State infrastructure bank.--The term ``State infrastructure bank'' means a State infrastructure bank or multistate infrastructure bank established pursuant to-- (A) section 350 of the National Highway System Designation Act of 1995; (B) section 1511(l) of the Transportation Equity Act for the 21st Century; or (C) section 610 of title 23, United States Code. (10) State or local government.--The term ``State or local government'' means a State or local government or any agency or instrumentality of a State or local government.

Infrastructure Bank for America Act of 2017 This bill provides for the establishment of the Infrastructure Bank Holding Company (IBHC), which shall be the parent company of the Infrastructure Bank for America (the bank). The bank shall provide: (1) direct loans and loan guarantees to private entities for the construction or maintenance of revenue-producing infrastructure projects, and (2) indirect loans and loan guarantees to state and local governments and state infrastructure banks for the construction or maintenance of infrastructure projects. At least 7% of the dollar amount of the loans and loan guarantees shall be for infrastructure projects in rural areas. The Board of Governors of the Federal Reserve System shall have oversight and supervisory authority over the IBHC and the bank. The Department of the Treasury shall have oversight and supervisory authority over the issuance of bonds by the IBHC and the bank. The bank shall establish an Infrastructure Guarantee Fund to cover loans and loan guarantees in the event of nonpayment. The bill amends the Internal Revenue Code to: (1) extend and modify the dividends received deduction for repatriated foreign earnings used to purchase holding company bonds, and (2) allow a new infrastructure bank holding company credit.

Infrastructure Bank for America Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``O&C Lands Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Modifications to sales authority. Sec. 4. Modifications to exchange authority. Sec. 5. Administration of lands acquired in geographic area; redesignation of public domain lands. Sec. 6. O&C Lands Protection Fund. Sec. 7. Timber and surface resource revenue distribution. Sec. 8. Relationship to Umpqua Land Exchange authority. SEC. 2. DEFINITIONS. For purposes of this Act: (1) O&C lands.--The term ``O&C lands'' means the lands that revested in the United States under the Act of June 9, 1916 (Chapter 137; 39 Stat. 218), and that are managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (2) Public domain lands.--The term ``public domain lands'' has the meaning given the term ``public lands'' in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), other than O&C lands. (3) Geographic area.--The term ``geographic area'' means all lands in the State of Oregon located within the boundaries of the Bureau of Land Management's Medford District, Roseburg District, Eugene District, Salem District, Coos Bay District, and Klamath Resource Area of the Lakeview District, as those districts and that resource area were constituted on January 1, 1998. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. MODIFICATIONS TO SALES AUTHORITY. (a) Limitations on Acreage Sold.--Subject to subsection (b)(2) and notwithstanding any other sales authority of the Secretary, the Secretary may not sell more than a maximum combined total of 640 acres of O&C lands and public domain lands within the geographic area during each fiscal year, and may not sell more than a maximum combined total of 6,400 acres of O&C lands and public domain lands within the geographic area during any continuous 15-year period beginning after the date of enactment of this Act. (b) Limitation on Lands To Be Sold.--Notwithstanding any other sales authority of the Secretary, the Secretary may not sell any O&C lands or public domain lands within the geographic area that are located within-- (1) a congressionally designated wilderness area; (2) the national wild and scenic river system; or (3) an area designated by the Secretary under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) to be an area of critical environmental concern. (c) Price; Procedures.--Notwithstanding any other sales authority of the Secretary, the Secretary shall make all sales of O&C lands and public domain lands within the geographic area-- (1) at a price that is not less than the fair market value of the lands sold, as determined by the Secretary; and (2) by competitive public bidding, under procedures established by the Secretary that ensure adequate notice to owners of land adjoining the land proposed for sale, to local governments in the vicinity of the land proposed for sale, and to the State of Oregon. (d) Acquisition of Lands.-- (1) In general.--The Secretary may use amounts in the O&C Lands Protection Fund established by section 6 to purchase from willing sellers non-Federal lands located within the geographic area that are contiguous to other O&C lands or public domain lands. (2) Priority of lands for acquisition.--In acquiring lands under this subsection, the Secretary may give first priority to satisfying the need, if any, for acquisition of lands adjacent to streams, riparian areas, or wildlife corridors within the geographic area that are used by species that are listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. MODIFICATIONS TO EXCHANGE AUTHORITY. (a) Limitations on Acreage Exchanged.--Subject to the provisions of this section and notwithstanding any other exchange authority of the Secretary, the Secretary may not exchange out of Federal ownership more than a maximum combined total of 480 acres of O&C lands and public domain lands within the geographic area during each fiscal year for non-Federal lands referred to in subsection (c), and may not exchange out of Federal ownership more than a maximum combined total of 4,800 acres of O&C lands and public domain lands within the geographic area during any continuous 15-year period beginning after the date of enactment of this Act. (b) Limitation on Federal Lands To Be Exchanged.--Notwithstanding any other exchange authority of the Secretary, the Secretary may not exchange out of Federal ownership any O&C lands or public domain lands within the geographic area that are located within-- (1) a congressionally designated wilderness area; (2) the national wild and scenic river system; or (3) an area designated by the Secretary under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) to be an area of critical environmental concern. (c) Limitation on Non-Federal Lands Acquired.--Notwithstanding any other exchange authority of the Secretary, all non-Federal lands acquired by the Secretary in an exchange for O&C lands or public domain lands within the geographic area must be located within the geographic area and contiguous with other O&C lands or public domain lands. (d) Procedures.--The Secretary shall establish procedures for exchanges out of Federal ownership of O&C lands and public domain lands within the geographic area, including-- (1) procedures for valuing the lands exchanged; and (2) procedures that ensure adequate notice of proposed exchanges to local governments in the vicinity of all lands to be exchanged and to the State of Oregon. (e) Requirements for Value of Exchanged Lands.--Notwithstanding any other exchange authority of the Secretary, the Secretary may not exchange out of Federal ownership O&C lands or public domain lands within the geographic area if the fair market value of the lands received by the United States in the exchange-- (1) is less than 75 percent of the fair market value of the lands conveyed by the United States in the exchange; or (2) is greater than 125 percent of the fair market value of the lands conveyed by the United States in the exchange. (f) Equalization Payments.--The Secretary, as necessary to ensure that the total value received by the United States in an exchange out of Federal ownership of O&C lands or public domain lands within the geographic area is equal to the total value conveyed by the United States in the exchange, shall-- (1) use amounts in the O&C Lands Protection Fund established by section 3(c) to pay, to the person from whom lands are acquired by the United States in the exchange, the difference between the value of the lands received by the United States and the value of the lands conveyed by the United States; or (2) require that person to pay that difference to the United States. SEC. 5. ADMINISTRATION OF LANDS ACQUIRED IN GEOGRAPHIC AREA; REDESIGNATION OF PUBLIC DOMAIN LANDS. (a) Acquired Lands.--All lands in the geographic area acquired by the United States after the date of the enactment of this Act shall for all purposes have the same status, be administered, and be otherwise treated as lands that were revested in the United States pursuant to the Act of June 9, 1916 (Chapter 137; 39 Stat. 218) and managed by the Secretary under the Act of August 28, 1937 (43 U.S.C. 1181 et seq.). (b) Redesignation of Public Domain Lands for Treatment as Revested Lands.-- (1) In general.--The Secretary-- (A) before the 180th day of each fiscal year, shall determine whether there has been a net reduction in the number of acres of O&C lands during the preceding fiscal year as a result of disposal of lands by the United States under any provision of law; and (B) if the Secretary determines that there was such a reduction, shall within 90 days after that determination designate a number of acres of public domain lands within the geographic area, equal to the number of acres of that reduction, for treatment as O&C lands under paragraph (3). (2) Lands designated.--The Secretary shall designate under paragraph (1)(B) public domain lands that are stocked with timber in volumes per acre that are not less than the average volumes per acre found on the O&C lands and public domain lands in the geographic area that were disposed of during the preceding fiscal year. (3) Treatment of redesignated lands.--Lands designated by the Secretary under paragraph (1)(B) shall for all purposes have the same status, be administered, and be otherwise treated as lands that were revested in the United States pursuant to the Act of June 9, 1916 (Chapter 136; 39 Stat. 218) and managed by the Secretary under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (4) Notification of congress.--The Secretary shall, before the end of each fiscal year, notify the Congress of each redesignation of lands under this subsection in that fiscal year. SEC. 6. O&C LANDS PROTECTION FUND. (a) In General.--There is established in the Treasury a separate account to be known as the O&C Lands Protection Fund. (b) Contents.--The O&C Lands Protection Fund shall consist of all amounts received by the United States as-- (1) proceeds from sales of O&C lands and public domain lands within the geographic area; or (2) equalization payments under section 4(f). (c) Use.--Amounts in the O&C Lands Protection Fund shall be available to the Secretary, without fiscal year limitation or further appropriation, solely for-- (1) purchasing lands under section 3(d); (2) making equalization payments under section 4(f); and (3) making distributions under subsection (d) of this section. (d) Distributions From Fund.--All amounts in the O&C Lands Protection Fund on January 1, 2013, and on January 1 of each 15th year thereafter, shall be distributed as follows: (1) 5 percent shall be paid to the State of Oregon as provided in the fifth proposition of section 4 of the Act of February 14, 1859 (Chapter XXXIII; 11 Stat. 383), as in effect on the date of the enactment of this Act. (2) 50 percent shall be deposited in the general fund of the Treasury of the United States. (3) 45 percent shall be distributed to the 18 Oregon counties within which the geographic area is located, by payment to each of the counties in the same proportion as payments are made from the Oregon and California land-grant fund under section 201(a) of the Act of August 28, 1937 (Chapter 876; 43 U.S.C. 1181f(a)). SEC. 7. TIMBER AND SURFACE RESOURCE REVENUE DISTRIBUTION. (a) In General.--Notwithstanding any other provision of law, all revenue received by the United States as proceeds from the sale of timber and other surface resources from public domain lands within the geographic area shall be distributed as follows: (1) 5 percent shall be paid to the State of Oregon as provided in section 3 of the Act of July 31, 1947 (Chapter 406; 30 U.S.C. 603), popularly known as the Materials Act of 1947, and the fifth proposition of section 4 of the Act of February 14, 1859 (Chapter XXXIII; 11 Stat. 383), as in effect on the date of the enactment of this Act. (2) 50 percent shall be deposited in the Salmon Habitat Restoration Fund established by subsection (b). (3) 45 percent shall be distributed to the 18 Oregon counties within which the geographic area is located, by payment to each of the counties in the same proportion as payments are made from the Oregon and California land-grant fund under section 201(a) of the Act of August 28, 1937 (Chapter 876; 43 U.S.C. 1181f(a)). (b) Salmon Habitat Restoration.-- (1) In general.--There is established in the Treasury as a separate account the Salmon Habitat Restoration Fund, which shall consist of amounts deposited under subsection (a)(2). (2) Use.--Amounts in the account shall be available to the Secretary without fiscal year limitation or further appropriation-- (A) solely for the purpose of stream habitat restoration and fisheries enhancement projects on O&C lands and public domain lands within the geographic area, for so long as any species of salmonoid fish within the geographic area is listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (B) thereafter for use within the geographic area for maintenance and development of campgrounds and other recreation areas on O&C lands or public domain lands. SEC. 8. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY. Nothing in this Act shall be construed to limit the authority of the Secretary to continue to study and implement the Umpqua Land Exchange Project in accordance with the provisions set forth in the Memorandum of Understanding between the Umpqua Land Exchange Project and the Association of O&C Counties dated February 19, 1998.

O&C Lands Protection Act - Establishes specified limitations on the sale and exchange out of Federal ownership by the Secretary of the Interior of O&C and public domain lands within the Bureau of Land Management's (BLM) Medford, Roseburg, Eugene, Salem, and Coos Bay districts and the Klamath Resource Area of the Lakeview District (geographic area) in Oregon. Defines "O&C lands" as certain lands originally granted in Oregon for purposes of establishing railroad and telegraph lines that revested in the United States. (Sec. 3) Bars the Secretary from selling or exchanging out of Federal ownership any O&C or public domain lands within the geographic area located within: (1) a congressionally designated wilderness area; (2) the national wild and scenic river system; or (3) an area designated to be of critical environmental concern. Sets forth provisions regarding prices and procedures for making such land sales. Authorizes the Secretary to: (1) use the O&C Lands Protection Fund (established by this Act) to purchase non-Federal lands located within the geographic area that are contiguous to other O&C or public domain lands; and (2) give first priority to acquiring lands adjacent to streams, riparian areas, or wildlife corridors within such area used by endangered or threatened species. (Sec. 4) Sets forth procedures for exchanges as well as requirements for the value of exchanged lands. (Sec. 5) Directs the Secretary to: (1) determine annually whether there has been a net reduction in the acreage of O&C lands during the preceding fiscal year as a result of disposal of lands by the United States; (2) designate an equivalent number of acres of public domain lands within the geographic area for treatment as O&C lands, if there was a reduction; and (3) designate such public domain lands that are stocked with timber in volumes per acre that are not less than the average volumes found on the O&C lands and public domain lands in the area that were disposed of during the preceding fiscal year. (Sec. 6) Establishes the O&C Lands Protection Fund to be available for purchasing lands, making equalization payments, and making distributions to the State of Oregon and the counties within the geographic area. (Sec. 7) Allocates revenues received by the United States from the sale of timber and other surface resources from public domain lands within such area to the State of Oregon, the affected counties, and the Salmon Habitat Restoration Fund. Establishes the Salmon Habitat Restoration Fund for specified activities within the geographic area.

O&C Lands Protection Act

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1978, the Judicial Conference of the United States established a procedure for creating new Federal judicial districts, which is still in force. According to the ``Proceedings of the Judicial Conference, September 21-22, 1978'', this procedure requires that 4 principal criteria be taken into consideration in evaluating the establishment of a new Federal judicial district: caseload, judicial administration, geography, and community convenience. (2) The criterion of ``caseload'' is found to include the total number of Federal court cases and the number of cases per Federal judge, for both civil and criminal Federal cases. (3)(A) The substantial criminal caseload concentrated in the southern counties of New Jersey requires the creation of a separate judicial district. (B) 281 Federal criminal cases originated in the 8 southern New Jersey counties in 1998 and were handled by the 5 judges of the Camden vicinage and the 3 judges of the Trenton vicinage. (C) The criminal caseload in the southern region of New Jersey exceeds that of 51 of the current Federal judicial districts. Only 44 of the 95 Federal district courts have more criminal cases filed than the southern region of New Jersey. (D) For example, in the Eastern District of Virginia (9 judges), 110 criminal cases were filed in 1998. In the District of Connecticut (8 judges), only 221 criminal cases were filed in 1998. (4)(A) The substantial civil caseload concentrated in the southern counties of New Jersey requires the creation of a separate judicial district. (B) 2,116 Federal civil cases originated in the 8 southern New Jersey counties in 1998 and were handled by the 5 judges of the Camden vicinage and the 3 judges of the Trenton vicinage. (C) The civil caseload in the southern region of New Jersey exceeds that of 52 of the current Federal judicial districts. Only 43 out of the 95 Federal districts have more civil cases filed than this region of the New Jersey District. (D) For example, in the Southern District of West Virginia, a separate judicial district with 5 judges, only 1,315 civil cases were filed in 1998. The Western District of Tennessee, similarly, with 5 judges, had only 1,581 civil cases filed in 1998. (5) The criterion of ``judicial administration'' is found to include the backlog of pending cases in a Federal judicial district, which hinders the effective resolution of pending business before the court. (6)(A) The size of the backlog of pending cases concentrated in the southern counties of New Jersey requires the creation of a separate judicial district. (B) The number of pending cases in the Camden vicinage of New Jersey exceeds the number of cases pending before entire judicial districts with similar numbers of judges, clearly indicating that southern New Jersey merits a separate Federal judicial district. For example, there are 1,431 civil cases pending before the Camden vicinage, and only 113 of those were commenced in 1999. The Western District of Tennessee, with 5 judges, had only 1,104 civil cases pending in 1998. The Western District of Oklahoma had only 1,359 civil cases pending in 1998 before 6 judges. Finally, there are 161 criminal cases pending before the Camden vicinage, while the entire Southern District of Indiana, with 5 judges, had only 116 criminal cases pending in 1998. (7) The criterion of ``geography'' is found to mean the accessibility of the central administration of the Federal judicial district to officers of the court, parties with business before the court, and other citizens living within the Federal judicial district. (8)(A) The distance between the northern and southern regions of New Jersey creates a substantial barrier to the efficient administration of justice. (B) The distance from Newark, New Jersey to Camden, New Jersey is more than 85 miles. (C) When a new Federal court district was created in Louisiana in 1971, the distance between New Orleans and Baton Rouge (nearly 80 miles) was cited as a major factor in creating a new district court, as travel difficulties were impeding the timely administration of justice. (9) The criterion of ``community convenience'' is found to mean the extent to which creating a new Federal judicial district will allow the court to better serve the population and diverse communities of the area. (10)(A) New Jersey's culturally and regionally diverse population of 8,000,000 citizens, widely distributed across a large State, is inconvenienced by having only 1 judicial district. (B) Of the 25 States that have only a single Federal judicial district (including Puerto Rico, the United States territories, and the District of Columbia), New Jersey has the highest population. (C) More than a dozen States have smaller populations than New Jersey, yet they have multiple Federal judicial districts, including Washington, Oklahoma, Iowa, Georgia, West Virginia, and Missouri. (11) In evaluating the creation of a new Southern District of New Jersey, the Judicial Conference should seek the views of the chief judge of the affected district, the judicial council for the affected circuit court, and the affected United States Attorney as representative of the views of the Department of Justice, as required in the procedure established by the ``Proceedings of the Judicial Conference, September 21-22, 1978''. SEC. 2. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY. (a) Creation.--Section 110 of title 28, United States Code, is amended to read as follows: ``Sec. 110. New Jersey ``New Jersey is divided into 2 judicial districts to be known as the Northern and Southern Districts of New Jersey. ``Northern District ``(a) The Northern District comprises the counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren. ``Court for the Northern District shall be held at Newark. ``Southern District ``(b) The Southern District comprises the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, and Salem. ``Court for the Southern District shall be held at Camden and Trenton.''. (b) Judgeships.--The item relating to New Jersey in the table set forth in section 133(a) of title 28, United States Code, is amended to read as follows: ``New Jersey: ``Northern............................................. 9 ``Southern............................................. 8''. (c) Bankruptcy Judgeships.--The item relating to New Jersey in the table set forth in section 152(a)(1) of title 28, United States Code, is amended to read as follows: ``New Jersey: ``Northern............................................. 4 ``Southern............................................. 4''. SEC. 3. DISTRICT JUDGES, BANKRUPTCY JUDGES, MAGISTRATE JUDGES, UNITED STATES ATTORNEY, UNITED STATES MARSHAL, AND FEDERAL PUBLIC DEFENDER. (a) Transfer of District Judges.--(1) Any district judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, or Warren County shall, on or after such effective date, be a district judge for the Northern District of New Jersey. Any district judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, or Salem County shall, on and after such effective date, be a district judge of the Southern District of New Jersey. (2) Whenever a vacancy occurs in a judgeship in either judicial district of New Jersey, the vacancy shall first be offered to those judges appointed before the enactment of this Act and in active service in the other judicial district of New Jersey at the time of the vacancy, and of those judges wishing to fill the vacancy, the judge most senior in service shall fill that vacancy. In such a case, the President shall appoint a judge to fill the vacancy resulting in the district of New Jersey from which such judge left office. (b) Transfer of Bankruptcy and Magistrate Judges.--Any bankruptcy judge or magistrate judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, or Warren County shall, on or after such effective date, be a bankruptcy judge or magistrate judge, as the case may be, for the Northern District of New Jersey. Any bankruptcy judge or magistrate judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, or Salem County shall, on and after such effective date, be a bankruptcy judge or magistrate judge, as the case may be, of the Southern District of New Jersey. (c) United States Attorney, United States Marshal, and Federal Public Defender.-- (1) Those in office.--This Act and the amendments made by this Act shall not affect the tenure of office of the United States attorney, the United States marshal, and the Federal Public Defender, for the District of New Jersey who are in office on the effective date of this Act, except that such individuals shall be the United States attorney, the United States marshal, and the Federal Public Defender, respectively, for the Northern District of New Jersey as of such effective date. (2) Appointments.--The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the Southern District of New Jersey. The Court of Appeals for the Third Circuit shall appoint a Federal Public Defender for the Southern District of New Jersey. (d) Pending Cases Not Affected.--This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of New Jersey on such date. (e) Juries Not Affected.--This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of New Jersey on the effective date of this Act. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Appointments.--Notwithstanding subsection (a), the President and the Court of Appeals for the Third Circuit may make the appointments under section 3(c)(2) at any time after the date of the enactment of this Act.

(Sec. 3) Provides for the transfer of district judges, bankruptcy judges, and magistrate judges to the Northern and Southern Districts of New Jersey. Transfers U.S. attorneys, U.S. marshals, and Federal public defenders for the District of New Jersey to the Northern District of New Jersey. Directs the President to appoint, by and with the advice of the Senate, a U.S. attorney and a U.S. marshal for the Southern District of New Jersey. Specifies that neither pending cases nor juries shall be affected.

A bill to amend title 28, United States Code, to divide New Jersey into 2 judicial districts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Refund Protection Act of 2015''. SEC. 2. REGULATION OF TAX RETURN PREPARERS. (a) In General.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7812. REGULATION OF TAX RETURN PREPARERS. ``(a) In General.--The Secretary shall-- ``(1) establish a program to license or certify tax return preparers subject to this section, ``(2) regulate such tax return preparers, and ``(3) before licensing or certifying a person as a tax return preparer subject to this section, require that the person demonstrate-- ``(A) good character, ``(B) good reputation, ``(C) necessary qualifications to enable the person to provide to persons valuable service as a tax return preparer, and ``(D) competency to perform the functions of a tax return preparer. ``(b) Authority To Impose a Fee.--The Secretary shall require tax return preparers subject to this section to pay a reasonable fee for licensing or certification under this section. ``(c) Disclosure Requirements.--The Secretary shall, by rule, require tax return preparers subject to this section to provide a disclosure statement to taxpayers that shall contain statements-- ``(1) identifying the amount of fees such tax return preparer charges for preparing a Federal income tax return, filing a Federal income tax return, or executing a refund anticipation payment arrangement, and ``(2) identifying the average amount of time in which an individual who files a Federal income tax return electronically can expect to receive a refund by mail, according to information provided by the Internal Revenue Service. ``(d) Disciplinary Procedures.--After notice and opportunity for a hearing, the Secretary may take any enforcement action against a tax return preparer subject to this section who-- ``(1) is incompetent, ``(2) is disreputable, ``(3) violates regulations prescribed under this section, or ``(4) with intent to defraud, willfully and knowingly misleads or threatens a consumer. ``(e) Tax Return Preparer Subject to Section.--A tax return preparer is subject to this section if such preparer is not subject to section 330 of title 31, United States Code. ``(f) Definitions.--For purposes of this section-- ``(1) Tax return preparer.--See section 7701(a)(36) for the definition of a tax return preparer. ``(2) Refund anticipation payment arrangement.--The term `refund anticipation payment arrangement' has the meaning given such term by section 1029B(d)(2) of the Consumer Financial Protection Act of 2010.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 7811 the following new item: ``Sec. 7812. Regulation of tax return preparers.''. (c) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2015. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) In General.--Subtitle B of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended by adding at the end the following new section: ``SEC. 1029B. REGULATION OF REFUND ANTICIPATION PAYMENT ARRANGEMENTS. ``(a) In General.--The Bureau shall regulate refund anticipation payment arrangements. ``(b) Disclosure Requirements.--The Bureau shall, by rule, require tax return preparers subject to this section to provide a disclosure statement to a consumer that shall contain statements-- ``(1) identifying the amount of fees for executing a refund anticipation payment arrangement; ``(2) describing, in the case of a refund anticipation payment arrangement involving a depository account not controlled by the consumer, the difference in days between the average amount of time by which a consumer receives the tax refund (in whole or in part) from a refund anticipation payment arrangement and the average amount of time by which a consumer who files a Federal income tax return electronically receives the tax refund deposited directly to that consumer's deposit account by the taxing authority; ``(3) that a refund anticipation payment arrangement is not necessary to receive a tax refund; and ``(4) that, if a consumer does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the consumer may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement. ``(c) Requirements Under TILA.--The Bureau shall issue regulations that, to the extent practicable, require tax return preparers that enter into a refund anticipation payment arrangement to comply with section 128 of the Truth in Lending Act (15 U.S.C. 1638) to the same extent as a creditor making a consumer credit transaction other than under an open end credit plan. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Tax return preparer.--The term `tax return preparer subject to this section' means a tax return preparer (as defined in section 7701(a)(36) of the Internal Revenue Code of 1986) who is not subject to regulation under section 330 of title 31, United States Code. ``(2) Refund anticipation payment arrangement.--The term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(A) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender; or ``(B) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. (b) Clerical Amendment.--The table of contents of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item related to section 1029A the following new item: ``Sec. 1029B. Regulation of refund anticipation payment arrangement.''. (c) Exclusion for Certain Tax Preparers.-- (1) In general.--Section 1027(d)(1) of such Act is amended by striking subparagraph (B). (2) Conforming amendments.--Section 1027(d) of such Act is further amended-- (A) in paragraph (1)-- (i) in the heading, by striking ``and Tax Preparers''; (ii) by striking subparagraph (B); (iii) by striking ``authority over'' and all that follows through ``any person'' and inserting ``authority over any person''; (iv) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the left; (v) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the left; (vi) in subparagraph (A) (as redesignated), by inserting ``(except as related to tax return preparers pursuant to section 1029B)'' after ``tax''; and (vii) in clause (ii) (as redesignated), by striking ``; or'' and inserting a period; and (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) by striking ``paragraph (1)(A) or (1)(B)'' and inserting ``such paragraph''; and (II) by striking ``paragraph (1)(A)'' each place it appears and inserting ``paragraph (1)''; (ii) in subparagraph (C)-- (I) by striking ``For purposes of subparagraphs (A) and (B), a person described in paragraph (1)(A)'' and inserting ``A person described in paragraph (1)''; and (II) by striking ``clause (i) or (ii) of paragraph (1)(A)'' and inserting ``subparagraph (A) or (B) of paragraph (1)''; and (iii) in subparagraph (D), by striking ``described in paragraph (1)(A) or (1)(B)''. SEC. 4. SPLIT REFUNDS MAY INCLUDE TAX RETURN PREPARER. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(m) Split Refunds.--An income tax refund requested on a return of Federal income tax prepared by an income tax preparer may be split between the preparer and the taxpayer in accordance with the split requested by the taxpayer on the return, except that the amount designated for the preparer may not exceed the amount prescribed by the Secretary by regulation or other guidance. A split of an individual income tax return under this subsection shall not be treated as disreputable conduct merely because the taxpayer requested such split.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to returns for taxable years ending after the date of the enactment of this Act. SEC. 5. REGULATIONS. Regulations issued under section 7812 of the Internal Revenue Code of 1986, as added by section 2, and regulations issued under section 1029B of the Consumer Financial Protection Act of 2010, as added by section 3, should be coordinated to the extent practicable.

Tax Refund Protection Act of 2015 This bill amends the Internal Revenue Code to direct the Department of the Treasury to establish a program to license or certify and regulate tax return preparers. The program must: (1) require that the tax return preparer demonstrate good character, good reputation, necessary qualifications to enable the preparer to provide valuable service to persons as a tax return preparer, and competency; (2) require preparers to make certain disclosures relating to fees charged for tax preparation and the average amount of time expected to receive a tax refund; and (3) authorize Treasury to take enforcement action against a tax return preparer for incompetency or wrongdoing. The bill also amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to regulate refund anticipation payment arrangements. A refund anticipation payment arrangement is defined as an arrangement under which, in exchange for tax preparation services, a taxpayer agrees to pay a fee or interest upon receipt of a tax refund to a preparer or lender either by a direct payment to a preparer or lender or by direct deposit to a designated account. The CFPB shall require tax return preparers to provide a disclosure statement to a consumer about the arrangement and shall promulgate regulations that require preparers to comply with the disclosure requirements of the Truth in Lending Act. Finally, the bill allows an income tax refund requested on a tax return prepared by an income tax preparer to be split between the preparer and the taxpayer and prohibits the treatment of such a split as disreputable conduct merely because the taxpayer requested such split.

Tax Refund Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Border Port-of-Entry Infrastructure Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank, done at Washington and Mexico City November 16 and 18, 1993 (TIAS 12516). (2) Border environment cooperation commission.--The term ``Border Environmental Cooperation Commission'' means the commission established in chapter I of the Agreement. (3) Commissioner.--The term ``Commissioner'' means the Commissioner of Customs. (4) North american development bank.--The term ``North American Development Bank'' means the bank established in chapter II of the Agreement. (5) Southwest border.--The term ``Southwest border'' has the same meaning given the term ``border region'' in article V of chapter III of the Agreement. TITLE I--UNITED STATES SOUTHWEST BORDER INFRASTRUCTURE IMPROVEMENT PROJECTS SEC. 101. UNITED STATES INFRASTRUCTURE PROJECTS. (a) Update and Development of Priorities.-- (1) In general.--The Commissioner of Customs, in consultation with the Secretary of Agriculture and the Commissioner of Immigration and Naturalization, shall, not later than 6 months after the date of enactment of this Act, update the Ports of Entry Infrastructure Assessment Study submitted by the Customs Service pursuant to Public Law 106-58 (commonly known as the ``Treasury and General Government Appropriations Act, 2000'') (113 Stat. 430), and develop priorities for port-of-entry infrastructure improvement projects in the United States along the Southwest border. (2) Criteria.--The Commissioner shall update the Study and develop priorities for projects under paragraph (1) based on the positive impact that completion of a project will have on facilitating trade across the Southwest border. (3) Port to federal highway connections.--The update and priorities developed under paragraph (1) may include port to Federal highway connections in the United States. (4) Publication and opportunity to comment.--Prior to finalizing the update and the priority of projects under paragraph (1), the Commissioner shall publish the proposed update and priorities in the Federal Register and provide an opportunity for public comment. (b) Effect of Prioritization.-- (1) In general.--The Commissioner shall implement port-of- entry infrastructure improvement projects in the United States along the Southwest border in accordance with the priority of projects developed through the update. (2) Divergence from priorities.--The Commissioner may diverge from the priorities developed through the update if the Commissioner finds that significantly changed circumstances, such as changes in infrastructure in Mexico, compellingly alter the need for a project in the United States. (c) Use of Local Businesses.--Every effort shall be made to use local businesses to carry out projects under this title. SEC. 102. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $100,000,000 for each of fiscal years 2002 through 2006, and such other sums as may be necessary in any succeeding fiscal year, to carry out the provisions of this title. TITLE II--SOUTHWEST BORDER INFRASTRUCTURE INCENTIVE INITIATIVE SEC. 201. SOUTHWEST BORDER INFRASTRUCTURE FUND. (a) Establishment.-- (1) In general.--There is established in the Department of Transportation a fund known as the ``Southwest Border Infrastructure Fund'' (in this title referred to as the ``Fund'') which shall consist of such sums as may be available in appropriations Acts. (2) Purpose.--The purpose of the Fund shall be to award grants under section 202. (b) Consultation.--In establishing the Fund, the Secretary of Transportation shall consult with the Administrator of the Environmental Protection Agency, and may use the Border Environment Infrastructure Fund of the North American Development Bank as a model. SEC. 202. SOUTHWEST BORDER INFRASTRUCTURE IMPROVEMENT GRANTS. (a) Program Authorized.--The Secretary of Transportation is authorized to make grants from the Fund to an eligible applicant through the North American Development Bank to pay the United States contribution of the costs of projects described in subsection (b). (b) Authorized Activities.-- (1) In general.--A project described in this subsection means a project to develop the physical port-of-entry infrastructure along the Southwest border in order to reduce the negative environmental impact, particularly with respect to air, soil, and water quality, associated with cross-border transportation. (2) Scope.--A project includes any activity associated with the financing, design, development, construction, and transition necessary to bring a port-of-entry infrastructure project described in paragraph (1) to completion. (c) Eligibility.--For the purposes of this title, an eligible applicant is an entity certified as eligible for project financing by the Border Environmental Cooperation Commission. (d) Limitation.--A grant awarded under subsection (a) may not exceed $25,000,000. SEC. 203. APPLICATION. An entity that desires to receive a grant under this title shall submit an application through the Border Environmental Cooperation Commission to the Secretary of Transportation at a time, in a manner, and accompanied by information as the Secretary may reasonably require. SEC. 204. MATCHING REQUIREMENT. The Secretary of Transportation may not award a grant under section 202 unless the eligible applicant provides assurances that, with respect to the costs to be incurred in carrying out the project for which the grant is awarded, the eligible applicant will have available (directly or through funding from public or private entities) contributions in an amount equal to not less than $1 for every $1 of United States Government funds provided under the grant. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Transportation $75,000,000 for fiscal year 2002, and such other sums as may be necessary for each of the fiscal years 2003 through 2006, to carry out the provisions of this title. TITLE III--PORT-OF-ENTRY TECHNOLOGY DEMONSTRATION PROGRAM SEC. 301. ESTABLISHMENT OF PORT-OF-ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) In General.--The Secretary of the Treasury, acting through the Commissioner of Customs, shall establish a port-of-entry demonstration site to carry out the port-of-entry technology demonstration program described in section 302. (b) Criteria.--To ensure that the facility selected as the port-of- entry demonstration site has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port-of-entry operations, the port-of-entry selected as the demonstration site shall-- (1) have been established not more than 5 years before the date of enactment of this Act; (2) consist of not less than 67 acres, with the possibility of expansion onto not less than 33 adjacent acres; and (3) service an average of not more than 31,000 vehicles per month in the 12 months preceding the date of enactment of this Act. SEC. 302. PORT-OF-ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) Purpose.--The purpose of the technology demonstration program is to carry out an ongoing program to test and evaluate new port-of- entry technologies, refine port-of-entry technologies and operational concepts, and train personnel under realistic conditions. (b) Technology Tested.--The Secretary shall test technologies that enhance port-of-entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, and decision support. SEC. 303. REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on the activities of the demonstration site and technology program established under this title. (b) Content.--The report shall include an assessment by the Secretary of the Treasury of the feasibility of incorporating any demonstrated technology throughout the United States Customs Service. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Treasury $10,000,000 for fiscal year 2002, and such other sums as may be necessary for each of the fiscal years 2003 through 2006, to carry out the provisions of this title.

Southwest Border Port-of-Entry Infrastructure Improvement Act - Directs the Commissioner of Customs to update the Ports of Entry Infrastructure Assessment Study and develop priorities for port-of-entry infrastructure improvement projects in the United States (which may include port-to-Federal-highway connections) along the Southwest border.Establishes in the Department of Transportation the Southwest Border Infrastructure Fund. Authorizes the Secretary of Transportation to make grants from the Fund to an eligible applicant through the North American Development Bank to pay the U.S. contribution of costs for projects to develop the physical port-of-entry infrastructure along the Southwest border in order to reduce the negative environmental impact, particularly with respect to air, soil, and water quality, associated with cross-border transportation.Directs the Secretary of the Treasury to establish a site to carry out a port-of-entry technology demonstration program to test and evaluate new port-of-entry technologies, refine them as well as operational concepts, and train personnel under realistic conditions.

A bill to improve port-of-entry infrastructure along the Southwest border of the United States, to establish grants to improve port-of-entry facilities, to designate a port-of-entry as a port technology demonstration site, and for other purposes.

SECTION 1. CONVEYANCE OF LAND TO PARK COUNTY, WYOMING. (a) Findings.--Congress finds that-- (1) over 82 percent of the land in Park County, Wyoming, is owned by the Federal Government; (2) the parcel of land described in subsection (d) located in Park County has been withdrawn from the public domain for reclamation purposes and is managed by the Bureau of Reclamation; (3) the land has been subject to a withdrawal review, a level I contaminant survey, and historical, cultural, and archaeological resource surveys by the Bureau of Reclamation; (4) the Bureau of Land Management has conducted a cadastral survey of the land and has determined that the land is no longer suitable for return to the public domain; (5) the Bureau of Reclamation and the Bureau of Land Management concur in the recommendation of disposal of the land as described in the documents referred to in paragraphs (3) and (4); and (6) the County has evinced an interest in using the land for the purposes of local economic development. (b) Definitions.--In this Act: (1) County.--The term ``County'' means Park County, Wyoming. (2) Administrator.--The term ``Administrator'' means the Administrator of the General Services Administration. (c) Conveyance.--In consideration of payment of $240,000 to the Administrator by the County, the Administrator shall convey to the County all right, title, and interest of the United States in and to the parcel of land described in subsection (d). (d) Description of Property.--The parcel of land described in this subsection is the parcel located in the County comprising 190.12 acres, the legal description of which is as follows: Sixth Principal Meridian, Park County, Wyoming T. 53 N., R. 101 W. Acreage Section 20, S\1/2\SE\1/4\SW\1/4\SE\1/4\................... 5.00 Section 29, Lot 7......................................... 9.91 Lot 9............................................ 38.24 Lot 10........................................... 31.29 Lot 12........................................... 5.78 Lot 13........................................... 8.64 Lot 14........................................... 0.04 Lot 15........................................... 9.73 S\1/2\NE\1/4\NE\1/4\NW\1/4\...................... 5.00 SW\1/4\NE\1/4\NW\1/4\............................ 10.00 SE\1/4\NW\1/4\NW\1/4\............................ 10.00 NW\1/4\SW\1/4\NW\1/4\............................ 10.00 Tract 101........................................ 13.24 Section 30, Lot 31........................................ 16.95 Lot 32........................................... 16.30 (e) Reservation of Rights.--The instrument of conveyance under subsection (c) shall reserve all rights to locatable, salable, leaseable coal, oil or gas resources. (f) Leases, Easements, Rights-of-Way, and Other Rights.--The conveyance under subsection (c) shall be subject to any land-use leases, easements, rights-of-way, or valid existing rights in existence as of the date of the conveyance. (g) Environmental Liability.--As a condition of the conveyance under subsection (c), the United States shall comply with the provisions of section 9620(h) of title 42, United States Code. (h) Additional Terms and Conditions.--The Administrator may require such additional terms and conditions in connection with the conveyance under subsection (c) as the Administrator considers appropriate to protect the interests of the United States. (i) Treatment of Amounts Received.--The net proceeds received by the United States as payment under subsection (c) shall be deposited into the fund established in section 490(f) of title 40 of the United States Code, and may be expended by the Administrator for real property management and related activities not otherwise provided for, without further authorization. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Conditions such conveyance on U.S. compliance with requirements regarding the sale or transfer of Federal property on which any hazardous substances were stored, released, or disposed of.

A bill to provide for the conveyance of certain land to Park County, Wyoming.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Label and Transport Tissues Safely Act of 2014'' or as the ``LATTS Act of 2014''. SEC. 2. IN GENERAL. (a) Non-Transplant Tissue Bank License.-- (1) Prohibition.--No person may introduce or deliver for introduction into interstate commerce any human tissue specimen for medical research or education unless-- (A) a tissue bank license is in effect for the entity introducing the human tissue specimen into interstate commerce; (B) each package of the human tissue specimen is-- (i) labeled with the proper name of the human tissue specimen contained in the package; (ii) the name, address, and applicable license number of the source tissue bank of the human tissue specimen; (iii) unique donor identifier, tissue type, cause of death, serological test results and any known infectious disease agents; (iv) a statement about the mandatory use of personal protective equipment and universal precautions when handling human tissue; and (v) labeled ``not for transplantation''; and (C) each package of the human tissue specimen is wrapped and packaged in such a manner that-- (i) mitigates potential contamination and cross contamination; (ii) mitigates potential safety hazards; (iii) sealed to prevent leakage; and (iv) ensures the integrity of the tissue. (2) Procedures established.-- (A) In general.--The Secretary of Health and Human Services shall establish, by rule, requirements for the approval, suspension, and revocation of non-transplant tissue bank licenses. (B) Approval.--The Secretary shall approve a non- transplant tissue bank license application-- (i) on the basis of a demonstration that-- (I) the human tissue specimen that is the subject of the application is legally donated, properly screened for communicable disease agents, properly labeled, transported, stored and used according to the donor's donation authorization; and (II) the facility in which the human tissue specimen is donated, recovered, processed, packed, or held meets standards designed to assure that the human tissue specimen does not pose a communicable disease risk to the general public and/or unknown communicable disease risk to; and (ii) if the applicant (or other appropriate person) consents to the inspection of the facility that is the subject of the application, in accordance with subsection (c) of this section. (3) Requirements for exemption.--The Secretary shall prescribe requirements under which a human tissue specimen shall be exempt from the requirements of paragraph (1). (b) Falsely Labeling or Marking Package or Container; Altering Label or Mark.--No person shall falsely label or mark any package or container of any human tissue specimen or alter any label or mark on the package or container of the biological product so as to falsify the label or mark. (c) Inspection of Establishment for Propagation and Preparation.-- (1) In general.--Any officer, agent, or employee of the Department of Health and Human Services, authorized by the Secretary for the purpose, may during all reasonable hours enter and inspect any establishment for the propagation or recovery and preparation of any human tissue specimen. (2) Inspection by nationally recognized accrediting bodies.--Any authorized agent of a nationally recognized accrediting body authorized by the Secretary for the purpose, may during all reasonable hours enter and inspect any establishment for the propagation or recovery and preparation of any human tissue specimen. (3) Rule of construction.--Nothing in this subsection or Act limits any existing authority of the Attorney General, any State Attorney General or local law enforcement to enter and inspect any establishment for the propagation or recovery and preparation of any human tissue. (d) Recall of Specimen Presenting Imminent Hazard; Violations.-- (1) Recall.--Upon a determination that a human tissue specimen or collection of specimens licensed under this section presents an imminent or substantial hazard to the public health, the Secretary shall issue an order immediately ordering the recall of such batch, lot, or other quantity of such product. An order under this paragraph shall be issued in accordance with section 554 of title 5. (2) Violations.--Any violation of paragraph (1) shall subject the violator to a civil penalty of up to $10,000 per day of violation. The amount of a civil penalty under this paragraph shall, effective December 1 of each year beginning 1 year after the effective date of this paragraph, be increased by the percent change in the Consumer Price Index for the base quarter of such year over the Consumer Price Index for the base quarter of the preceding year, adjusted to the nearest \1/10\ of 1 percent. For purposes of this paragraph, the term ``base quarter'', as used with respect to a year, means the calendar quarter ending on September 30 of such year and the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter. (e) Penalties for Offenses.--Whoever violates any of the provisions of this section shall be imprisoned not more than 1 year, or fined not more than $500, or both. Section 3571 of title 18, United States Code shall not apply to an offense under this subsection. (f) Construction With Other Laws.--Nothing contained in this Act shall be construed as in any way affecting, modifying, repealing, or superseding under any existing provisions under current Federal law. (g) Human Tissue Specimen Defined.--In this section, the term ``non-transplant tissue specimen'' means legally donated anatomical segments, cells, collection of cells, bodily fluids, or the complete body that are recovered for medical research and education. The term does not include anything that would qualify as a biological product under the Public Health Service Act.

Label and Transport Tissues Safely Act of 2014 or the LATTS Act of 2014 - Sets forth guidelines for handling human tissue specimens. Prohibits sale of human tissue for research or education unless the seller has a non-transplant tissue bank license and each package of tissue is labeled with specified information. Directs the Secretary of Health and Human Services (HHS) to establish a process for the approval, suspension, and revocation of non-transplant tissue bank licenses. Prohibits falsely labeling packages of human tissue. Allows HHS or any accrediting body authorized by HHS to enter and inspect any establishment engaged in the preparation of any human tissue specimen. Requires HHS to recall any human tissue specimen that is an imminent or substantial hazard to public health.

LATTS Act of 2014

SECTION 1. DEMONSTRATION PROJECT FOR MEDICARE REIMBURSEMENT OF DEPARTMENT OF DEFENSE FOR HEALTH CARE PROVIDED TO Medicare-eligible BENEFICIARIES UNDER TRICARE. (a) In General.--Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense and the Secretary of Health and Human Services shall enter into an agreement in order to carry out a demonstration project under which the Secretary of Health and Human Services reimburses the Secretary of Defense, on a capitated basis, from the Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for certain health care services provided by the Secretary of Defense to Medicare-eligible military beneficiaries through the TRICARE Program. (b) Project Requirements.--(1)(A) The Secretary of Defense shall budget for and expend on health care services in each region in which the demonstration project is carried out an amount equal to the amount that the Secretary would otherwise budget for and expend on such services in the absence of the project. (B) The Secretary may not be reimbursed under the project for health care services provided to Medicare-eligible military beneficiaries in a region until the amount expended by the Secretary to provide health care services in that region exceeds the amount budgeted for health care services in that region under subparagraph (A). (2) The agreement between the Secretary of Defense and the Secretary of Health and Human Services shall provide that the cost to the Medicare Program of providing services under the project does not exceed the cost that the Medicare Program would otherwise incur in providing such services in the absence of the project. (3) The authority of the Secretary of Defense to carry out the project shall expire 3 years after the date of the commencement of the project. (c) Reports.--Not later than 14 months after the commencement of the demonstration project under subsection (a), and annually thereafter until the year following the year in which the project is terminated, the Secretary of Defense and the Secretary of Health and Human Services shall jointly submit to Congress a report on the demonstration project. The report shall include the following: (1) The number of Medicare-eligible military beneficiaries provided health care services under the project during the previous year. (2) An assessment of the benefits to such beneficiaries of receiving health care services under the project. (3) A description of the cost shifting, if any, among medical care programs of the Department of Defense that results from the project. (4) A description of the cost shifting, if any, from the Department to the Medicare Program that results from the project. (5) An analysis of the effect of the project on the following: (A) Access to the military medical treatment system, including access to military medical treatment facilities. (B) The availability of space and facilities and the capabilities of medical staff to provide fee-for- service medical care. (C) Established priorities for treatment of beneficiaries under chapter 55 of title 10, United States Code. (D) The cost to the Department of providing prescription drugs to the beneficiaries described in subparagraph (C). (E) The quality of health care provided by the Department. (F) Health care providers and Medicare-eligible military beneficiaries in the communities in which the project is carried out. (6) An assessment of the effects of continuing the project on the overall budget of the Department for health care and on the budget of each military medical treatment facility. (7) An assessment of the effects of continuing the project on expenditures from the medicare trust funds under title XVIII of the Social Security Act. (8) An analysis of the lessons learned by the Department as a result of the project. (9) Any other information that the Secretary of Defense and the Secretary of Health and Human Services jointly consider appropriate. (d) Review by Comptroller General.--Not later than December 31 of each year in which the demonstration project is carried out under this section, the Comptroller General shall determine and submit to Congress a report on the extent, if any, to which the costs of the Secretary of Defense under the TRICARE Program and the costs of the Secretary of Health and Human Services under the Medicare Program have increased as a result of the project. (e) Definitions.--For purposes of this section: (1) The term ``Medicare-eligible military beneficiary'' means a beneficiary under chapter 55 of title 10, United States Code, who is entitled to benefits under part A of title XVIII of the Social Security Act. (2) The term ``TRICARE Program'' means the managed health care program that is established by the Secretary of Defense under the authority of chapter 55 of title 10, United States Code, principally section 1097 of that title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uniformed Services.

Requires the Secretary of Defense (Secretary) and the Secretary of Health and Human Services (HHS Secretary) to enter into an agreement to carry out a demonstration project under which the HHS Secretary reimburses the Secretary on a capitated basis, from the Medicare Program under title XVIII of the Social Security Act, for certain health care services provided by the Secretary to Medicare-eligible military beneficiaries through the TRICARE Program (a managed health care program of the Department of Defense). Outlines project requirements. Requires annual joint reports from the Secretaries to the Congress on the demonstration project. Directs the Comptroller General, at the end of each year in which the project is carried out, to determine and submit to the Congress a report on the extent, if any, to which the costs of the Secretary under the TRICARE Program and the HHS Secretary under the Medicare Program have increased as a result of the project.

A bill to require the Secretary of Defense and the Secretary of Health and Human Services to carry out a demonstration project to provide the Department of Defense with reimbursement from the medicare program for health care services provided to medicare-eligible beneficiaries under TRICARE.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commute LESS Act of 2009'' or the ``Commute-Leveraging Employer Support and Successes Act of 2009''. SEC. 2. ENHANCING EMPLOYER INVOLVEMENT IN METROPOLITAN TRANSPORTATION PLANNING. (a) Designation of Metropolitan Planning Organizations.--Section 5303(d)(2) of title 49, United States Code, is amended-- (1) in subparagraph (B) by striking ``and'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) not less than one representative designated by the applicable employer advisory council established under subsection (q).''. (b) Development of Transportation Plan.-- (1) Transportation plan.--Section 5303(i)(2) of such title is amended by adding at the end the following: ``(G) Employer outreach and commuter benefit activities.--Proposed activities and strategies to provide outreach to employers in the region to create and expand alternative commuting and commuter benefit programs (as such term is defined under section 330(l) of title 23).''. (2) Participation by interested parties.--Section 5303(i)(5)(B) of such title is amended-- (A) in clause (i) by striking ``and'' at the end; (B) in clause (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) shall identify employers and transportation management organizations (as such term is defined under section 330(l) of title 23) that are within the boundaries of the metropolitan planning organization and shall include strategies developed to provide outreach to such employers and organizations and a plan to include the input of such employers and organizations in the development of the transportation plan.''. (c) Metropolitan TIP.-- (1) Development.--Section 5303(j)(1) of such title is amended by adding at the end the following: ``(E) Employer involvement.--The TIP shall be developed in coordination with the applicable employer advisory council established under subsection (q) and shall include projects identified by such employer advisory council.''. (2) Contents.--Section 5303(j)(2)(A) of such title is amended by striking the period at the end and inserting ``, including projects identified by the commuter trip reduction plan established under subsection (q).''. (d) Employer Advisory Council.--Section 5303 of such title is amended by adding at the end the following: ``(q) Employer Advisory Council.-- ``(1) In general.--Each metropolitan planning organization shall establish an employer advisory council consisting of representatives of employers within the boundaries of the metropolitan planning organization. ``(2) Transportation plan and tip review.--The employer advisory council shall review how long-range transportation plans and TIPs will affect commuting habits and shall develop a plan to reduce trips relating to commuting to and from work in accordance with paragraph (3). ``(3) Commuter trip reduction plan.--The employer advisory council shall develop a commuter trip reduction plan that shall-- ``(A) identify commuting patterns; ``(B) develop regional goals to reduce vehicle miles traveled during peak commuting hours; ``(C) develop a series of regional projects and programs to achieve the goals established under subparagraph (B); ``(D) identify existing employer-based commuting alternatives programs in the region; and ``(E) identify proposed employer-based commuting alternatives programs to be included in the transportation plan under subsection (i) and TIP under subsection (j). ``(4) Advisory council membership.--The employer advisory council shall consist of not less than 15 representatives of employers within the boundaries of the metropolitan planning organization, which may include representatives of identified transportation management organizations (as such term is defined under section 330(l) of title 23) within such boundaries. Employer advisory council members shall be selected by the metropolitan planning organization and, to the extent practicable, shall represent a diverse cross-section of employers within the boundaries of the metropolitan planning organization. ``(5) MPO membership.--The employer advisory council shall designate one member from the council to be a member of the metropolitan planning organization.''. SEC. 3. EMPLOYER INVESTMENT IN TRANSPORTATION AND COMMUTER BENEFIT PROGRAM. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Employer investment in transportation and commuter benefit program ``(a) Purpose.--The purpose of this section is to-- ``(1) engage employers in providing commuting alternatives to employees, including carpooling, vanpooling, use of transit, and teleworking; ``(2) leverage private investment with respect to alternative commuting; and ``(3) reduce fuel consumption and provide energy independence by providing commuters with options for commuting to work other than driving in a vehicle occupied by a single individual. ``(b) Establishment.--The Secretary shall establish and carry out an employer investment in transportation and commuter benefit program in accordance with this section. ``(c) Funding.--Before making an apportionment under section 104(b)(2) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the congestion mitigation and air quality improvement program under section 149 for such fiscal year, $300,000,000 to carry out this section. ``(d) Apportionment.-- ``(1) In general.--The Secretary shall apportion amounts made available to carry out this section for a fiscal year among the States in the same manner as amounts are apportioned under section 104(b)(3)(A). ``(2) Minimum apportionment.--Notwithstanding paragraph (1), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under this subsection. ``(3) Set-asides.--Before making an apportionment under paragraph (1) for a fiscal year, the Secretary shall set aside not more than $3,000,000 of amounts made available to carry out this section for such fiscal year for the administrative expenses of the Secretary in carrying out this section. ``(e) Eligible Recipients and Projects.-- ``(1) In general.--Amounts apportioned to a State under this section shall be used to provide financial assistance to State, regional, and local agencies and entities, including employers and transportation management organizations, to create and expand commuter benefit programs. ``(2) Limitation.--Amounts apportioned under this section shall not be used-- ``(A) to replace or discourage existing Federal, State, local, or private investment in commuter benefit programs; or ``(B) to compete against existing Federal, State, local, or private commuter benefit programs. ``(f) Administration of Amounts.-- ``(1) In general.--Amounts apportioned to a State under this section shall be administered by the State's transportation department or the designee of such department. ``(2) Coordination.--A State transportation department shall coordinate activities carried out using amounts apportioned under this section with appropriate local and regional planning bodies, transportation management organizations, and public transportation operators. ``(3) Technical assistance.--To the extent practicable, a State transportation department administering amounts under this section, in coordination with appropriate local and regional planning bodies, transportation management organizations, and public transportation operators, shall provide technical assistance to employers and employer organizations to assist in the creation and expansion of commuter benefit programs under this section. ``(g) Information Clearinghouse.-- ``(1) In general.--The Secretary shall make grants to a national nonprofit organization engaged in efforts relating to commuter benefit programs or another entity to-- ``(A) establish and operate an information clearinghouse for the employer investment in transportation and commuter benefit program; ``(B) develop an information and educational program with respect to the employer investment in transportation and commuter benefit program; and ``(C) provide technical assistance and disseminate techniques and strategies used by successful commuter benefit programs. ``(2) Funding.--The Secretary shall carry out this subsection with amounts set aside for administrative expenses under subsection (d)(3). ``(h) Transferability and Federal Share.-- ``(1) Transferability.--Funds made available to carry out this section shall not be transferable and shall remain available until expended. ``(2) Federal share.-- ``(A) In general.--Except as provided under subparagraph (B), the Federal share of the cost of a project or activity under this section may not exceed 80 percent. ``(B) Exception.--If private investment is used for any portion of the non-Federal share of the cost of a project or activity under this section, the Federal share of such cost may not exceed 90 percent. ``(i) Treatment of Projects.--Notwithstanding any other provision of law, projects assisted under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23. ``(j) Performance and Accountability.-- ``(1) Statewide goals.--A State receiving funds apportioned under this section, in coordination with metropolitan planning organizations in the State, shall establish statewide goals for achieving reductions in vehicle miles traveled through the implementation of activities under this section. ``(2) Report to secretary.--Not later than one year after the date of enactment of this section, and annually thereafter, a State receiving funds apportioned under this section shall submit to the Secretary a report describing-- ``(A) the goals for reducing vehicle miles traveled under this section for the following year; ``(B) how funds apportioned under this section were utilized during the preceding year and the outcome of such utilization; and ``(C) whether goals for reducing vehicle miles traveled under this section were met for the preceding year based on evaluations of activities under this section. ``(k) Report to Congress.--Not later than March 30, 2013, the Secretary shall submit to Congress a report describing-- ``(1) the commuter benefit programs receiving assistance under this section; ``(2) any reduction in vehicle miles traveled that has been achieved as a result of such programs; and ``(3) whether States have been able to meet goals established under subsection (j). ``(l) Definitions.--In this section, the following definitions apply: ``(1) Transportation management organization.--The term `transportation management organization' means a local, regional, or statewide association of employers established for the purpose of providing employees with commuting options. ``(2) Commuter benefit program.--The term `commuter benefit program' means a program designed to provide employees with alternatives to driving to and from work in a vehicle occupied by a single individual, including-- ``(A) carpool programs; ``(B) vanpool programs; ``(C) transit benefit programs; ``(D) parking cash-out programs; ``(E) shuttle programs; ``(F) telework programs; and ``(G) appropriate employer-based programs.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``330. Employer investment in transportation and commuter benefit program.''. SEC. 4. CONGESTION MITIGATION DURING PROJECT CONSTRUCTION. Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(j) Congestion Mitigation Plan.--A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more or that will reduce traffic flow (as defined by the Secretary) for more than 120 days shall prepare a congestion mitigation plan for such project that includes funding for projects to reduce peak hour vehicle miles traveled along the impacted corridor. The recipient shall create the plan in coordination with the appropriate employer advisory council established under section 5303(q) of title 49 and the plan shall be made available to the Secretary for review upon the request of the Secretary.''. SEC. 5. MAJOR CAPITAL INVESTMENT GRANTS OF $75,000,000 OR MORE. Section 5309(d) of title 49, United States Code, is amended-- (1) in paragraph (3)-- (A) by striking ``and'' at the end of subparagraph (J); (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: ``(K) the ability of the grant recipient and the partners of such recipient to work with employers to get commuters to utilize the project; and''; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) Employer outreach.--The Secretary shall require that each entity submitting a request for a grant under this subsection include with the request a plan for how the entity intends to work with local employers and transportation management organizations (as that term is defined in section 330(l) of title 23) to create or expand a commuter benefit program (as that term is defined in such section) with respect to the proposed project.''.

Commute LESS Act of 2009 or the Commute-Leveraging Employer Support and Successes Act of 2009 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to revise the composition of metropolitan planning organizations (MPOs) to include at least one representative designated by an employer advisory council established by this Act. Revises contents of MPO transportation plans prepared for metropolitan planning areas to include proposed activities and strategies to provide outreach to employers in the region to create and expand alternative commuting and commuter benefit programs (i.e. carpools, transit benefit, and telework programs). Requires each MPO to establish an employer advisory council consisting of representatives of employers within the MPO's boundaries. Requires an MPO transportation improvement program (TIP) to be developed in coordination with the advisory council and to include projects identified by it. Requires the advisory council to: (1) review how long-range transportation plans and TIPs will affect commuting habits; and (2) develop a commuter trip reduction plan. Directs the Secretary of Transportation to create and expand employer investment in transportation and commuter benefit programs. Requires a state receiving funding, in coordination with MPOs, to establish statewide goals for achieving reductions in vehicle miles traveled. Requires a recipient receiving federal-aid highway funding for a project with a value of $100 million or more or that will reduce traffic flow for more than 120 days to prepare, in coordination with the advisory council, a congestion mitigation plan for the project that includes funding for projects that reduce peak hour vehicle miles traveled along an impacted corridor. Requires the Secretary, when approving a major capital investment grant of $75 million or more for a major new fixed guideway capital project, to consider, among other things, the ability of the grant recipient to work with employers to get commuters to utilize the project. Directs the Secretary to require the grant applicant to include in its request a plan on how it intends to work with local employers and transportation management organizations to create and expand a commuter benefit program for the project.

To amend titles 23 and 49, United States Code, to enhance employer involvement in transportation planning and to create and expand commuter benefit programs, and for other purposes.

SECTION 1. CREDIT FOR FIRST-TIME HOMEBUYERS. (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 before section 26 the following new section: ``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $6,500. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, the credit under this section is allowable only if the individual is a first-time homebuyer, and subsection (a) shall be applied by substituting `$3,250' for `$6,500'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $6,500. ``(c) Definitions.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual is such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence in the United States during the 3-year period ending on the date of the purchase of the principal residence to which this section applies. ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--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 sections 23, 24, 25, 25B, and 1400C) and section 27, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Denial of Double Benefit.--No credit shall be allowed under subsection (a) if the credit under section 1400C is allowed. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Property to Which Section Applies.--The provisions of this section apply to a principal residence if the taxpayer enters into, on or after September 1, 2001, and before September 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before April 1, 2003.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following new paragraph: ``(28) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (2) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis), as amended by section 205(b)(3) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (3) Section 23(b)(4)(B) of such Code, as added by section 202(f)(1) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by inserting ``and section 25C'' after ``this section''. (4) Section 24(b)(3)(B) of such Code, as added and amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``23 and 25B'' and inserting ``23, 25B, and 25C''. (5) Section 25(e)(1)(C) of such Code is amended by striking ``23 and 1400C'' and by inserting ``23, 25C, and 1400C''. (6) Section 25(e)(1)(C) of such Code, as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by inserting ``25C,'' after ``25B,''. (7) Section 25B of such Code, as added by section 618(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``section 23'' and inserting ``sections 23 and 25C''. (8) Section 1400C(d) of such Code is amended by inserting ``and section 25C'' after ``this section''. (9) Section 1400C(d) of such Code, as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (10) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25C. Purchase of principal residence by first-time homebuyer.''. (c) Effective Dates.-- (1) In general.--The amendments made by subsections (a) and (b)(10) shall apply to taxable years beginning after December 31, 2000. (2) Temporary conforming amendments.--The amendments made by paragraphs (1), (5), and (8) of subsection (b) shall apply to taxable years beginning after December 31, 2000, and before January 1, 2002. (3) Permanent conforming amendments.--The amendments made by paragraphs (2), (3), (4), (6), (7), and (9) of subsection (b) shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $6,500. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to a principal residence only if the taxpayer enters into, on or after September 1, 2001, and before September 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before April 1, 2003.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Back America Act of 2004''. SEC. 2. IMPOSITION OF EXCISE TAX ON INTERNATIONAL TRANSPORTATION BY WATER. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--International Transportation by Water ``Sec. 4475. Imposition of tax. ``Sec. 4476. Definitions. ``SEC. 4475. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax of $3 per passenger on a covered international voyage. ``(b) By Whom Paid.--The tax imposed by this section shall be paid by the person providing the covered international voyage. ``(c) Time of Imposition.--The tax imposed by this section shall be imposed only once for each passenger on a covered international voyage, either at the time of first embarkation or disembarkation in the United States. ``SEC. 4476. DEFINITIONS. ``For purposes of this subchapter-- ``(1) Covered international voyage.--The term `covered international voyage' means a voyage of a commercial passenger vessel if-- ``(A) such voyage extends over 1 or more nights, ``(B) passengers embark or disembark the vessel in the United States, and ``(C) passengers embark or disembark the vessel outside the United States. Such term shall not include any voyage of any vessel owned or operated by the United States, a State, or any agency or subdivision thereof. ``(2) Passenger vessel.--The term `passenger vessel' means any vessel having berth or stateroom accommodations for more than 16 passengers.''. (b) Conforming Amendment.--Section 6806 of such Code is amended by striking ``subchapter B of chapter 36'' and inserting ``subchapter B or C of chapter 36''. (c) Effective Date.--The amendments made by this section shall apply to passengers embarking or disembarking in the United States after the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF TRUST FUNDS. (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sections: ``SEC. 9511. CARIBBEAN PORTS AND INFRASTRUCTURE PROTECTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Caribbean Ports and Infrastructure Protection Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Caribbean Ports and Infrastructure Protection Trust Fund amounts equivalent to 32 percent of the taxes received in the Treasury under subchapter C of chapter 36 (relating to international transportation by water). ``(c) Expenditures From Trust Fund.--The Secretary shall make payments, not less frequently than annually, from the Caribbean Ports and Infrastructure Protection Trust Fund to-- ``(1) the Bahamas, Cayman Islands, Barbados, Jamaica, Saint Lucia, and Grenada, each in an amount equivalent to the sum of-- ``(A) 3 percent of the taxes received in the Treasury under subchapter C of chapter 36, and ``(B) any amount credited to such fund under section 9602(b) which is attributable to the amount described in subparagraph (A), and ``(2) Antigua and Barbuda, Belize, British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and Turks and Caicos Islands, each in an amount equivalent to the sum of-- ``(A) 1 percent of the taxes received in the Treasury under subchapter C of chapter 36, and ``(B) any amount credited to such fund under section 9602(b) which is attributable to the amount described in subparagraph (A). ``SEC. 9512. WATER AND MARINE WILDLIFE PROTECTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Water and Marine Wildlife Protection Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Water and Marine Wildlife Protection Trust Fund amounts equivalent to 33 percent of the taxes received in the Treasury under subchapter C of chapter 36 (relating to international transportation by water). ``(c) Expenditures From Trust Fund.--Amounts in the Water and Marine Wildlife Protection Trust Fund shall be available, as provided in appropriation Acts, for the purposes of making expenditures to carry out environmental programs which provide for the clean up of waste in the oceans or the enforcement of restrictions on the dumping of waste in the oceans.''. (b) Clerical Amendment.--The table of sections for chapter 98 of such Code is amended by adding at the end the following new items: ``Sec. 9511. Caribbean Ports and Infrastructure Protection Trust Fund. ``Sec. 9512. Water and Marine Wildlife Protection Trust Fund.''. SEC. 4. REQUIREMENTS RELATING TO PREVENTION OF POLLUTION FROM VESSELS. (a) Findings.--The Congress finds the following: (1) Pollution prevention devices required on vessels are designed to reduce pollution. If they malfunction or are not functioning then they cannot prevent pollution. (2) Ensuring that these anti-pollution devices are functioning will ensure a reduction in pollution and will also give authorities advanced warning of pollution that has occurred. (3) Requiring biannual inspections of pollution prevention equipment on vessels will ensure that such equipment is fully operational and can ensure that it will perform its designed task to its full potential. (4) Department of Justice officials have found in a number of cases fabricated entries in vessel oil record books that give a false sense of compliance with MARPOL discharge limitations. (5) Recording shore-side disposal of garbage and sludge from vessels will help to identify violators and help to deter others from unlawful discharges at sea. (6) Making violations of this Act a felony will have a deterrent effect. Imposing stiff fines will also accomplish that goal. (b) Toll-Free Telephone Number for Reporting Illegal Dumping.--The Secretary of the department in which the Coast Guard is operating shall prescribe regulations by not later than 6 months after the date of the enactment of this Act that require-- (1) that each cruise vessel that enters a port or place in the United States while operating in the foreign or domestic commerce of the United States must have posted, in elevators and other common areas of the vessel, a notice stating-- (A) that any passenger who witnesses illegal dumping from the vessel into waters of the United States may report that dumping to the Coast Guard by calling a toll-free telephone number of the National Response Center or another appropriate office of the Coast Guard; and (B) such telephone numbers; and (2) that the notice prescribed under paragraph (1) must be included on each ticket for carriage of a passenger on such a vessel in such commerce. (c) Prohibitions.--It shall be unlawful-- (1) for any vessel to enter a port or place in the United States if-- (A) the vessel does not have on board all pollution prevention equipment otherwise required by law that functions in proper functioning condition; or (B) does not comply with requirements that apply to the vessel under regulations prescribed under subsection (b); (2) to make any false entry in-- (A) any oil record book for a vessel; or (B) any record of a vessel of shore-side disposal of garbage or sludge from the vessel; (3) to operate any cruise vessel in the foreign or domestic commerce of the United States that does not comply with any requirement that applies to the vessel under regulations prescribed subsection (b); or (4) to sell a ticket referred to in paragraph (2) of subsection (b) that does not include any notice required under regulations prescribed under subsection (b). (d) Inspections.--The Secretary of the department in which the Coast Guard is operating shall biannually inspect each vessel that is documented under the laws of the United States to determine whether-- (1) the vessel has on board all pollution prevention equipment required under subsection (c); (2) such equipment functions properly; and (3) in the case of a cruise vessel, the vessel complies with requirements that apply to the vessel under regulations prescribed under subsection (b). (e) Penalty.--Any person that violates this section, and the owner or operator of a vessel that violates this section, shall be fined under title 18, United States Code, or imprisoned for one year and a day (or such longer period as may apply under another provision of law), or both. (f) Relationship to Other Law.--This section is not intended to affect the application of any other provision of law. (g) Definitions.--In this section: (1) cruise vessel.-- (A) In general.--The term ``cruise vessel'' means a passenger vessel (as defined in section 2101(22) of title 46, United States Code), that-- (i) is authorized to carry at least 250 passengers; and (ii) has onboard sleeping facilities for each passenger. (B) Exclusions.--The term ``cruise vessel'' does not include-- (i) a vessel of the United States operated by the Federal Government; or (ii) a vessel owned and operated by the government of a State. (2) Passenger.-- (A) In general.--The term ``passenger'' means any person on board a cruise vessel for the purpose of travel. (B) Inclusions.-- The term ``passenger'' includes-- (i) a paying passenger; and (ii) a staffperson, such as a crew member, captain, or officer.

Pay Back America Act of 2004 - Amends the Internal Revenue Code to impose a per passenger tax on covered international voyages of commercial passenger vessels. Establishes the Caribbean Ports and Infrastructure Protection Trust Fund (Caribbean Fund) and the Water and Marine Wildlife Protection Trust Fund (Wildlife Fund) in the Treasury. Appropriates to those funds a percentage of the above-referenced taxes. Authorizes the Secretary of of the Treasury to make specified payments from the Caribbean Fund to the Bahamas, the Cayman Islands, Barbados, Jamaica, Saint Lucia, Grenada, Antigua and Barbuda, Belize, the British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and the Turks and Caicos Islands. Requires amounts in the Wildlife Fund to be used for ocean waste cleanup or enforcement of restrictions on ocean dumping. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations requiring cruise vessels entering U.S. ports or places to have: (1) posted notice that passengers may report illegal dumping from the vessel by calling a toll-free number; and (2) included such notice on each ticket sold. Prohibits: (1) vessels from entering U.S. ports or places absent properly functioning pollution prevention equipment or compliance with notice requirements; (2) false entries in a vessel's oil record book or record of shore-side disposal; (3) operation of cruise vessels in U.S. foreign or domestic commerce that fail to comply with notice requirements. Requires biannual inspections of vessels.

To amend the Internal Revenue Code of 1986 to impose an excise tax on the international transportation of individuals by water, to establish the Caribbean Ports and Infrastructure Improvement Trust Fund and the Water and Marine Wildlife Protection Trust Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Reporting Grant Option (CARGO) Act''. SEC. 2. AUTHORIZATION OF GRANTS. (a) Authorization of Grants.--From amounts made available for grants under this section, the Attorney General may make grants to eligible States for use by the State for the following purposes: (1) Hiring and training of law enforcement personnel for child abuse cases. (2) Programs to help children who have been subject to child abuse cope with such abuse. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the State must have in effect one or more laws providing the following: (1) A requirement that a mandatory reporter must report to law enforcement authorities each instance in which the mandatory reporter suspects or has reason to suspect that child abuse has occurred, except when the information forming the basis of such suspicion or reason to suspect is protected by attorney-client or clergy-penitent privilege. (2) Appropriate punishments for violations of such requirement. (3) A statute of limitations for the prosecution of criminal offenses relating to child abuse of not less than five years from the later of the following dates: (A) The date of the offense. (B) The date on which the alleged victim became 18 years old. (c) Mandatory Reporter Defined.--In this section, the term ``mandatory reporter'' means any of the following: (1) A health care provider, including a physician, nurse, resident, intern, or dentist, or a hospital officer, employee, or volunteer. (2) A mental health professional or social worker. (3) An officer, employee, or volunteer of a public or private school. (4) A child care provider. (5) A law enforcement officer. (6) An officer, employee, or volunteer of a religious organization. (7) Commercial film and photographic print processors. (d) Application.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. (e) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than three percent of the funds it receives from this section for administrative expenses. (f) Allocation of Grant Amounts.--Grants under this section shall be allocated among eligible States that have submitted applications under this section as follows: (1) $50,000 to each such State. (2) Any remaining amounts to each such State in an amount that bears the same ratio to such remaining amounts as the population of individuals who have not yet attained the age of 18 in such State bears to the population of such individuals in all such States. (g) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (h) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (i) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (j) Definition.--For purposes of this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the United States Virgin Islands. (k) Funding.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the Attorney General for grants under subsection (a), $25,000,000 for fiscal year 2003. (2) No fiscal year limitation on grantees.--The Attorney General shall ensure that a recipient of grant amounts under this section is authorized to use such amounts without fiscal year limitation.

Child Abuse Reporting Grant Option (CARGO) Act - Authorizes the Attorney General to make grants to eligible States for: (1) hiring and training law enforcement personnel for child abuse cases; and (2) programs to help abused children cope.Requires an eligible State to have in effect laws: (1) requiring that a "mandatory reporter" (defined to include a health care provider, social worker, child care provider, law enforcement officer, officer of a religious organization, or photographic print processor) report to law enforcement authorities each instance of suspected child abuse, except when the information forming the basis of the suspicion is protected by attorney-client or clergy-penitent privilege; (2) providing appropriate punishments for violations of that requirement; and (3) having a statute of limitations for prosecution of criminal offenses relating to child abuse of not less than five years from the later of the date of the offense or the date on which the alleged victim became 18 years old.Sets forth requirements regarding applications, restrictions on the use of funds, allocation of grant amounts, and expenditure records.

To provide incentives for States to have in effect laws mandating the reporting of child abuse by certain individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Crime Fighters Housing Assistance Act''. SEC. 2. SECTION 8 ASSISTANCE FOR PROTECTION OF NEIGHBORHOOD CRIME FIGHTERS. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(z) Neighborhood Crime Fighters Assistance.-- ``(1) Assistance.--To the extent amounts for assistance under this section are reserved under section 213(d)(4)(A) of the Housing and Community Development Act of 1974 for use under this subsection, the Secretary may provide such amounts to any public housing agency approved under paragraph (3) to make assistance payments under this subsection on behalf of any family described under paragraph (2) for the rental of a dwelling unit for the family that, in the determination of the public housing agency (after consultation with law enforcement agency concerned) provides for the protection of the family. ``(2) Eligible families.--A family referred to in paragraph (1) shall be any family that-- ``(A) contains a member that has provided information to any Federal, State, or local law enforcement agency that such law enforcement agency determines substantially contributes to the arrest, criminal prosecution, or conviction of any person for any criminal activity in or near the area or neighborhood in which the person providing the information resides; ``(B) is likely, in the determination of such law enforcement agency, to be subject to a crime of violence directed at the family on account of providing the information referred to in subparagraph (A); ``(C) is legally residing, at the time such information is provided to the law enforcement agency, in a dwelling unit in a public housing project administered by a public housing agency meeting the requirements of paragraph (3) or in a dwelling unit assisted under this section by such a public housing agency; and ``(D) is not protected or assisted, or to be protected or assisted, under chapter 224 of title 18, United States Code. ``(3) Eligible pha's.--The Secretary may provide amounts reserved for use under this subsection only to public housing agencies approved by the Secretary under this paragraph. The Secretary may approve only agencies that the Secretary determines have-- ``(A) established sufficient cooperation with local law enforcement agencies to make determinations to provide assistance under this subsection; and ``(B) coordinated with local law enforcement agencies to promptly inform the public housing agency and the Secretary of any determination that assistance under this subsection is appropriate for a family, except that such coordination shall be subject to the procedures established under paragraph (6)(C) to ensure confidentiality. ``(4) Guidelines.-- ``(A) Determination of need and coordination.--The Secretary shall establish guidelines jointly with the Attorney General that-- ``(i) describe the types of situations under subparagraphs (A) and (B) of paragraph (2) in which assistance may be provided under this subsection, which shall include situations in which the information referred to in paragraph (2)(A) is information regarding any crime that is detrimental to the health, safety, peace, or security of the area or neighborhood in which the family providing the information resides; and ``(ii) describe elements of sufficient cooperation between public housing agencies and law enforcement agencies for purposes of paragraph (3)(A). ``(B) Procedures.--The Secretary shall establish procedures for public housing agencies approved under paragraph (3)-- ``(i) to apply for, obtain, and administer amounts reserved for providing assistance under this subsection on behalf of families eligible under paragraph (2); and ``(ii) to provide for the termination of the tenancy of any family assisted under this subsection from the dwelling unit in which the family is residing so that such assistance may be utilized. ``(5) Pha actions.--Each public housing agency approved by the Secretary under paragraph (3) shall-- ``(A) periodically notify Federal, State, and local law enforcement agencies in the area of jurisdiction of the public housing agency of the availability of assistance under this subsection; ``(B) take such actions as may be appropriate to inform residents of public housing projects administered by the agency and dwelling units assisted under this section by the agency of the availability of such assistance; and ``(C) coordinate with such law enforcement agencies to promptly inform the public housing agency and the Secretary of any determination that assistance under this subsection is appropriate for a family, except that such coordination shall be subject to the procedures established under paragraph (6)(C) to ensure confidentiality. ``(6) Notice and confidentiality.--The Secretary shall-- ``(A) periodically notify public housing agencies of the availability of assistance under this subsection; ``(B) encourage public housing agencies to cooperate and coordinate with law enforcement agencies to encourage residents of public housing projects and dwelling units assisted under this section to provide information to law enforcement agencies regarding criminal activity; and ``(C) develop and implement procedures to ensure the confidentiality of the identity and new location of any family assisted under this subsection. ``(7) Other assistance.--A public housing agency that provides assistance under paragraph (1) for a family and the law enforcement agency involved shall ensure that the family is provided access to other assistance and services appropriate to ensure that the relocation of the family to the dwelling unit assisted under paragraph (1) and the neighborhood of such dwelling unit occurs with the minimum possible amount of disruption to the life of the family. ``(8) Liability.--The United States, and its officers and employees, shall not be subject to any civil liability on account of any decision to provide or not to provide protection under this subsection.''. SEC. 3. SET ASIDE OF SECTION 8 ASSISTANCE AMOUNTS FOR NEIGHBORHOOD CRIME FIGHTERS ASSISTANCE. Section 213(d)(4)(A) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(d)(4)(A)) is amended-- (1) by inserting after the period at the end of the first sentence the following new sentence: ``In addition to any financial assistance for the rental housing assistance program under section 8 of the United States Housing Act of 1937 that is reserved pursuant to the preceding sentence, the Secretary shall reserve an additional $15,000,000 of any financial assistance that becomes available under such program during each of fiscal years 1995 and 1996 and such additional amounts may be used only for the purpose under clause (v) of this subparagraph.''; (2) in clause (iii), by striking ``and'' at the end; (3) in clause (iv), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new clause: ``(v) in the case of financial assistance under the rental housing assistance program under section 8 of the United States Housing Act of 1937, providing assistance pursuant to section 8(z)(1) of such Act.''.

Neighborhood Crime Fighters Housing Assistance Act - Amends the United States Housing Act of 1937 to provide public housing rental assistance on behalf of a family that has provided law enforcement assistance and is likely to be subject to retaliatory violence. Amends the Housing and Community Development Act of 1974 to set aside funds for such program.

Neighborhood Crime Fighters Housing Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Non-Discrimination Act of 2013''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Public school students who are lesbian, gay, bisexual, or transgender (referred to in this Act as ``LGBT''), or are perceived to be LGBT, or who associate with LGBT people, have been and are subjected to pervasive discrimination, including harassment, bullying, intimidation, and violence, and have been deprived of equal educational opportunities, in schools in every part of the Nation. (2) While discrimination of any kind is harmful to students and to the education system, actions that target students based on sexual orientation or gender identity represent a distinct and severe problem that remains inadequately addressed by current Federal law. (3) Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, academic underachievement, dropping out, and adverse physical and mental health consequences among LGBT youth. (4) When left unchecked, discrimination in schools based on sexual orientation or gender identity can lead, and has led, to life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in or fail to take prompt and effective action to stop discrimination on the basis of sexual orientation or gender identity. (6) Provisions of Federal statutory law expressly prohibit discrimination on the basis of race, color, sex, religion, disability, and national origin. The Department of Education and the Department of Justice, as well as numerous courts, have correctly interpreted the prohibitions on sex discrimination to include discrimination based on sex stereotypes and gender identity, even when that sex-based discrimination coincides or overlaps with discrimination based on sexual orientation. However, the absence of express Federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under Federal law for LGBT students and their parents. (b) Purposes.--The purposes of this Act are-- (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation, and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to make all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on sexual orientation and gender identity in public schools, through regulation and enforcement, as the Departments have issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. SEC. 3. DEFINITIONS AND RULE. (a) Definitions.--For purposes of this Act: (1) Educational agency.--The term ``educational agency'' means a local educational agency, an educational service agency, or a State educational agency, as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. (3) Harassment.--The term ``harassment'' means conduct that is sufficiently severe, persistent, or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, if such conduct is based on-- (A) a student's actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. (4) Program or activity.--The terms ``program or activity'' and ``program'' have the same meanings given such terms as applied under section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a) to the operations of public entities under paragraph (2)(B) of such section. (5) Public school.--The term ``public school'' means an elementary school (as the term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that is a public institution, and a secondary school (as so defined) that is a public institution. (6) Sexual orientation.--The term ``sexual orientation'' means homosexuality, heterosexuality, or bisexuality. (7) Student.--The term ``student'' means an individual within the age limits for which the State provides free public education who is enrolled in a public school or who, regardless of official enrollment status, attends classes or participates in the programs or activities of a public school or local educational agency. (b) Rule.--Consistent with Federal law, in this Act the term ``includes'' means ``includes but is not limited to''. SEC. 4. PROHIBITION AGAINST DISCRIMINATION. (a) In General.--No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (b) Harassment.--For purposes of this Act, discrimination includes harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation Prohibited.-- (1) Prohibition.--No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on the person's opposition to conduct made unlawful by this Act. (2) Definition.--For purposes of this subsection, ``opposition to conduct made unlawful by this Act'' includes-- (A) opposition to conduct believed to be made unlawful by this Act or conduct that could be believed to become unlawful under this Act if allowed to continue; (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and educational agencies and employees of the public schools or educational agencies, regarding conduct made unlawful by this Act, conduct believed to be made unlawful by this Act, or conduct that could be believed to become unlawful under this Act if allowed to continue; (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this Act, conduct believed to be made unlawful by this Act, or conduct that could be believed to become unlawful under this Act if allowed to continue; and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this Act, if in the course of that expression, the person involved does not purposefully provide information known to be false to any public school or educational agency or other governmental entity regarding conduct made unlawful by this Act, or conduct believed to be made unlawful by this Act, or conduct that could be believed to become unlawful under this Act if allowed to continue. SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL COMMITTEES. (a) Requirements.--Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. (b) Enforcement.--Compliance with any requirement adopted pursuant to this section may be effected-- (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found; or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. (c) Reports.--In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House of Representatives and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. SEC. 6. PRIVATE CAUSE OF ACTION. (a) Private Cause of Action.--Subject to subsection (c), and consistent with the cause of action recognized under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), an aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, compensatory damages, and costs of the action. (b) Rule of Construction.--This section shall not be construed to preclude an aggrieved individual from obtaining remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice of claim requirement before seeking redress under this section. (c) Statute of Limitations.--For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes (42 U.S.C. 1983) in the State in which the action is brought. SEC. 7. CAUSE OF ACTION BY THE ATTORNEY GENERAL. The Attorney General is authorized to institute for or in the name of the United States a civil action for a violation of this Act in any appropriate district court of the United States against such parties and for such relief as may be appropriate, including equitable relief and compensatory damages. Whenever a civil action is instituted for a violation of this Act, the Attorney General may intervene in such action upon timely application and shall be entitled to the same relief as if the Attorney General had instituted the action. Nothing in this Act shall adversely affect the right of any person to sue or obtain relief in any court for any activity that violates this Act, including regulations promulgated pursuant to this Act. SEC. 8. STATE IMMUNITY. (a) State Immunity.--A State shall not be immune under the 11th Amendment to the Constitution from suit in Federal court for a violation of this Act. (b) Waiver.--A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to a suit brought by an aggrieved individual for a violation of section 4. (c) Remedies.--In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. SEC. 9. ATTORNEY'S FEES. Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``the Student Non-Discrimination Act of 2013,'' after ``Religious Land Use and Institutionalized Persons Act of 2000,''. SEC. 10. EFFECT ON OTHER LAWS. (a) Federal and State Nondiscrimination Laws.--Nothing in this Act shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation, under any other Federal law or law of a State or political subdivision of a State, including titles IV and VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this Act are in addition to those imposed by titles IV and VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 1979 of the Revised Statutes (42 U.S.C. 1983). (b) Free Speech and Expression Laws and Religious Student Groups.-- Nothing in this Act shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the First Amendment and the Equal Access Act (20 U.S.C. 4071 et seq.). SEC. 11. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance shall not be impacted. SEC. 12. EFFECTIVE DATE. This Act shall take effect 60 days after the date of enactment of this Act and shall not apply to conduct occurring before the effective date of this Act.

Student Non-Discrimination Act of 2013 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct made unlawful under this Act. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. Authorizes the Attorney General to institute a civil action in any appropriate U.S. district court for a violation of this Act. Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

Student Non-Discrimination Act of 2013

SECTION 1. TREATMENT OF CERTAIN CONTRIBUTIONS MADE PURSUANT TO VETERANS' REEMPLOYMENT RIGHTS. (a) In General.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(u) Special Rules Relating to Veterans' Reemployment Rights.-- ``(1) Treatment of certain required contributions.--If any contribution is made by an employer under an individual account plan with respect to an employee and such contribution is required by reason of such employee's rights under chapter 43 of title 38, United States Code, resulting from qualified military service-- ``(A) such contribution shall not be subject to any otherwise applicable limitation contained in section 402(g), 403(b), 404(a), 408, 415, or 457, and ``(B) such plan shall not be treated as failing to meet any requirement of this part or section 457 by reason of the making of such contribution and such contribution shall not be taken into account in applying the limitations referred to in subparagraph (A) to other contributions. For purposes of the preceding sentence, any additional elective deferral made under paragraph (2) shall be treated as an employer contribution required by reason of the employee's rights under such chapter 43. ``(2) Reemployment rights with respect to elective deferrals.-- ``(A) In general.--If an employee is entitled to the benefits of chapter 43 of title 38, United States Code, with respect to any plan which provides for elective deferrals, such employer shall be treated as meeting the requirements of such chapter 43 with respect to such elective deferrals if such employer-- ``(i) permits such employee to make additional elective deferrals under such plan (in the amount determined under subparagraph (B)) during the period which begins on the date of the reemployment and whose duration is the lesser of-- ``(I) 5 years; or ``(II) 3 times the period of qualified military service which resulted in such rights; and ``(ii) makes a matching contribution in respect of any additional elective deferral made pursuant to clause (i) which would have been required had such deferral actually been made during the period of such qualified military service. ``(B) Amount of makeup required.--The amount determined under this subparagraph is the maximum amount of elective deferrals that the individual would have been permitted to make under the plan during his period of qualified military service if he had continued to be employed by the employer during such period and received compensation at the rate computed in accordance with section 4318(b)(3) of title 38. Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during the period of such qualified military service. ``(C) Elective deferral.--For purposes of this paragraph, the term `elective deferral' has the meaning given to such term by section 402(g)(3); except that such term shall include any deferral of compensation under an eligible deferred compensation plan (as defined in section 457(b)). ``(3) Loan repayment suspensions permitted.--If any plan suspends the repayment of any loan made to an individual for the period while such individual is performing qualified military service, such suspension shall not be taken into account for purposes of section 72(p). ``(4) Qualified military service.--For purposes of this subsection, the term `qualified military service' means any service in the uniformed services (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter 43, with respect to such service. ``(5) Individual account plan.--For purposes of this subsection, the term `individual account plan' means any defined contribution plan and any eligible deferred compensation plan (as defined in section 457(b)).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 2, 1974, and shall apply to plans as if such amendment were enacted on such date as part of section 414 of the Internal Revenue Code of 1954.

Amends the Internal Revenue Code to prescribe rules regarding limitations on employer contributions under defined contribution plans and eligible deferred compensation plans which are required by reason of veterans' reemployment rights. Treats an employer of a veteran entitled to such rights as meeting such reemployment requirements if the employer permits certain additional elective deferrals from the date of reemployment and makes a matching contribution which would have been required during the period of military service.

A bill to amend the Internal Revenue Code of 1986 to clarify the tax treatment of certain contributions made pursuant to veterans' reemployment.

SECTION 1. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN FEDERAL LAND. (a) Short Title.--This section may be cited as the ``National Security and Federal Lands Protection Act''. (b) Prohibition on Secretaries of the Interior and Agriculture.-- The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States. (c) Authorized Activities of U.S. Customs and Border Protection.-- U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States: (1) Construction and maintenance of roads. (2) Construction and maintenance of barriers. (3) Use of vehicles to patrol, apprehend, or rescue. (4) Installation, maintenance, and operation of communications and surveillance equipment and sensors. (5) Deployment of temporary tactical infrastructure. (d) Clarification Relating to Waiver Authority.-- (1) In general.--Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection described in subsection (c). (2) Description of laws waived.--The laws referred to in paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), the National Park Service Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628). (e) Protection of Legal Uses.--This section shall not be construed to provide-- (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (f) Effect on State and Private Land.--This Act shall-- (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (g) Tribal Sovereignty.--Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.

National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting U.S. Customs and Border Protection (CBP) activities on federal land under their respective jurisdictions, located within 100 miles of an international land border, to: (1) execute search and rescue operations, and (2) prevent all unlawful entries into the United States through the international land borders of the United States. Grants CBP access to such lands to conduct the following activities: (1) road and barrier construction and maintenance; (2) use of patrol vehicles; (3) installation, maintenance, and operation of surveillance equipment and sensors; and (4) deployment of temporary tactical infrastructure. Provides that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to CBP activities under this Act. States that this Act shall not be construed to restrict legal use (grazing, hunting, mining, or public-use recreational and backcountry airstrips) on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. States that: (1) this Act shall have no effect on state or private lands, and shall not provide authority on or access to state or private lands; and (2) nothing in this Act supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.

To prohibit the Secretaries of the Interior and Agriculture from taking action on Federal lands that impede border security on such lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stock Option Accounting Reform Act''. SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED OFFICERS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(m) Mandatory Expensing of Stock Options.-- ``(1) Named executive officer.--As used in this subsection, the term `named executive officer' means-- ``(A) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and ``(B) the 4 most highly compensated executive officers, other than an individual identified under subparagraph (A), that were serving as executive officers of an issuer at the end of the most recent fiscal year. ``(2) In general.--Subject to paragraph (4), every issuer of a security registered pursuant to section 12 shall show as an expense in the annual report of such issuer filed under subsection (a)(2), the fair value of all options to purchase the stock of the issuer granted after December 31, 2004, to a named executive officer of the issuer. ``(3) Fair value.-- ``(A) In general.--The fair value of an option to purchase the stock of the issuer that is subject to paragraph (2) shall-- ``(i) be equal to the value that would be agreed upon by a willing buyer and seller of such option, who are not under any compulsion to buy or sell such option; and ``(ii) take into account all of the characteristics and restrictions imposed upon the option. ``(B) Pricing model.--To the extent that an option pricing model, such as the Black-Scholes method or a binomial model, is used to determine the fair value of an option, the assumed volatility of the underlying stock shall be zero. ``(4) Exemptions.-- ``(A) Small business issuers.--This subsection shall not apply to an issuer, if-- ``(i) the issuer has annual revenues of less than $25,000,000; ``(ii) the issuer is organized under the laws of the United States, Canada, or Mexico; ``(iii) the issuer is not an investment company (as such term is defined under section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)); ``(iv) the aggregate value of the outstanding voting and non-voting common equity securities of the issuer held by non-affiliated parties is less than $25,000,000; and ``(v) in the case of an issuer that meets the criteria in clauses (i) through (iv) and is a majority-owned subsidiary, the parent of the issuer meets the requirements of this paragraph. ``(B) Delayed effectiveness.--The requirements of this subsection shall not apply to an issuer before the end of the 3-year period beginning on the date of the completion of the initial public offering of the securities of the issuer, and shall only apply to an option to purchase the stock of an issuer granted after such date. ``(5) Voluntary expensing.--Notwithstanding the requirements of this subsection, issuers may elect to expense the fair value of all officer and employee stock options in the annual report of such issuer under subsection (a)(2), in accordance with the expensing alternative of Statement of Financial Accounting Standards Number 123, and any such issuer making such election in the annual report for a fiscal year shall not be subject to paragraphs (2) through (4) of this subsection for such fiscal year.''. SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY. (a) Prohibition.--Section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)) is amended by adding at the end the following: ``(3) Prohibition on expensing standards.-- ``(A) In general.--The Commission shall not recognize as `generally accepted' any accounting principle relating to the expensing of stock options unless-- ``(i) it complies with the requirements of subparagraph (B); and ``(ii) the economic impact study required under section 3(b) of the Stock Option Accounting Reform Act has been completed. ``(B) Requirements.--A standard referred to in subparagraph (A) shall require that-- ``(i) if an option to purchase the stock of an issuer that is subject to the requirements of section 13(m) of the Securities Exchange Act of 1934 is exercised-- ``(I) any expense that had been reported under that section 13(m) with respect to such option shall be recomputed as of the date of exercise and shall be equal to the difference between the price of the underlying stock and the exercise price; and ``(II) to the extent the recomputed amount differs from the amount previously reported under section 13(m) with respect to such option, the difference shall be reported in the fiscal year in which the option is exercised as a reduction or increase, as the case may be, of the total expense required to be reported under that section 13(m) during that fiscal year; ``(ii) if an option to purchase the stock of an issuer that is subject to the requirements of section 13(m) of the Securities Exchange Act of 1934 is forfeited or expires unexercised, any expense that had been reported under that section 13(m) with respect to such option shall be reported in the fiscal year in which the option expires or is forfeited as a reduction of the total expense required to be reported under that section 13(m) during that fiscal year; and ``(iii) to the extent that any reduction required under clause (i) or (ii) exceeds total option expenses for any fiscal year, such excess shall be reported as income with respect to options to purchase the stock of the issuer. ``(C) Exception for voluntary expensing.--Nothing in this paragraph or in any other provision of the Stock Option Accounting Reform Act shall prevent the Commission from continuing to recognize the expensing alternative of Statement of Financial Accounting Standards Number 123 as part of generally accepted accounting principles for issuers that elect to expense the fair value of all officer and employee stock options in the annual report of such issuer pursuant to section 13(m)(5) of the Securities Exchange Act of 1934.''. (b) Economic Impact Study.--Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce and the Secretary of Labor shall conduct and complete a joint study on the economic impact of the mandatory expensing of all employee stock options, including the impact upon-- (1) the use of broad-based stock option plans in expanding employee corporate ownership to workers at a wide range of income levels, with particular focus upon non-executive employees; (2) the role of such plans in the recruitment and retention of skilled workers; (3) the role of such plans in stimulating research and innovation; (4) the effect of such plans in stimulating the economic growth of the United States; and (5) the role of such plans in strengthening the international competitiveness of businesses organized under the laws of the United States. SEC. 4. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING DISCLOSURES. (a) Enhanced Disclosures Required.--Not later than 180 days after the date of enactment of this Act, the Commission shall, by rule, require each issuer filing a periodic report under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) to include in such report more detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company. Such information shall include-- (1) a discussion, written in ``plain English'', in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission, of the dilutive effect of stock option plans, including tables or graphic illustrations of such dilutive effects; (2) expanded disclosure of the dilutive effect of employee stock options on the issuer's earnings per share; (3) prominent placement and increased comparability and uniformity of all stock option related information; (4) the number of outstanding stock options; (5) the weighted average exercise price of all outstanding stock options; and (6) the estimated number of stock options outstanding that will vest in each year. (b) Definitions.--As used in this section: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Issuer.--The term ``issuer'' has the meaning provided in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)). (3) Equity interest.--The term ``equity interest'' includes common stock, preferred stock, stock appreciation rights, phantom stock, and any other security that replicates the investment characteristics of such securities, and any right or option to acquire any such security. SEC. 5. PRESERVATION OF AUTHORITY. Nothing in this Act shall be construed to limit the authority over the setting of accounting principles by any accounting standard setting body whose principles are recognized by the Securities and Exchange Commission under section 19(b)(1) of the Securities Act of 1933 (15 U.S.C. 77s(b)(1)). Passed the House of Representatives July 20, 2004. Attest: JEFF TRANDAHL, Clerk.

Stock Option Accounting Reform Act - (Sec. 2) Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its annual report the fair value of all stock purchase options granted after December 31, 2004, to: (1) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and (2) the four most highly compensated executive officers (other than a chief executive officer) that were serving as executive officers of an issuer at the end of the most recent fiscal year ("named executive officer"). Defines the fair value of an option to purchase such stock. Exempts small business issuers from the Act's requirement. (Sec. 3) Amends the Securities Act of 1933 to prohibit the Securities and Exchange Commission (SEC) from recognizing as "generally accepted" any accounting principle relating to the expensing of stock options unless it complies with both: (1) specified expense recomputation requirements; and (2) a required joint study by the Secretaries of Commerce and of Labor of the economic impact of the mandatory expensing of employee stock options. Requires the recomputation and re-reporting of the expense of a stock purchase option that is exercised, to equal the difference between the price of the underlying stock and the exercise price. Requires the re-reporting as a reduction of the total expense originally required to be reported if the option expires or is forfeited. (Sec. 4) Directs the SEC to require each issuer to include in its periodic report more detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company, including: (1) a discussion, written in accordance with the Plain English Handbook published by the SEC Office of Investor Education and Assistance on the dilutive effect of stock option plans; (2) expanded disclosure of the dilutive effect of employee stock options on the issuer's earnings per share; (3) prominent placement and increased comparability and uniformity of all stock option related information; (4) the number of outstanding stock options; (5) the weighted average exercise price of all outstanding stock options; and (6) the estimated number of stock options outstanding that will vest in each year.

To require the mandatory expensing of stock options granted to executive officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electrify Africa Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the efforts of countries in sub-Saharan Africa to improve access to affordable and reliable electricity in Africa in order to unlock the potential for inclusive economic growth, job creation, food security, improved health, education, and environmental outcomes, and poverty reduction. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to partner, consult, and coordinate with the governments of sub-Saharan African countries, international financial institutions, and African regional economic communities, cooperatives, and the private sector, in a concerted effort to-- (1) promote first-time access to power and power services for at least 50,000,000 people in sub-Saharan Africa by 2020 in both urban and rural areas; (2) encourage the installation of at least 20,000 additional megawatts of electrical power in sub-Saharan Africa by 2020 using a broad mix of energy options to help reduce poverty, promote sustainable development, and drive inclusive economic growth; (3) promote non-discriminatory reliable, affordable, and sustainable power in urban areas (including small urban areas) to promote economic growth and job creation; (4) promote policies to facilitate public-private partnerships to provide non-discriminatory reliable, sustainable, and affordable electrical service to rural and underserved populations; (5) encourage the necessary in-country reforms, including facilitating public-private partnerships specifically to support electricity access projects to make such expansion of power access possible; (6) promote reforms of power production, delivery, and pricing, as well as regulatory reforms and transparency, to support long- term, market-based power generation and distribution; (7) promote policies to displace kerosene lighting with other technologies; (8) promote an all-of-the-above energy development strategy for sub-Saharan Africa that includes the use of oil, natural gas, coal, hydroelectric, wind, solar, and geothermal power, and other sources of energy; and (9) promote and increase the use of private financing and seek ways to remove barriers to private financing and assistance for projects, including through charitable organizations. SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR STRATEGY. (a) Strategy Required.-- (1) In general.--The President shall establish a comprehensive, integrated, multiyear strategy to encourage the efforts of countries in sub-Saharan Africa to implement national power strategies and develop an appropriate mix of power solutions to provide access to sufficient reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation consistent with the policy stated in section 3. (2) Flexibility and responsiveness.--The President shall ensure that the strategy required under paragraph (1) maintains sufficient flexibility for and remains responsive to concerns and interests of affected local communities and technological innovation in the power sector. (b) Report Required.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that contains the strategy required under subsection (a) and includes a discussion of the following elements: (1) The objectives of the strategy and the criteria for determining the success of the strategy. (2) A general description of efforts in sub-Saharan Africa to-- (A) increase power production; (B) strengthen electrical transmission and distribution infrastructure; (C) provide for regulatory reform and transparent and accountable governance and oversight; (D) improve the reliability of power; (E) maintain the affordability of power; (F) maximize the financial sustainability of the power sector; and (G) improve non-discriminatory access to power that is done in consultation with affected communities. (3) A description of plans to support efforts of countries in sub-Saharan Africa to increase access to power in urban and rural areas, including a description of plans designed to address commercial, industrial, and residential needs. (4) A description of plans to support efforts to reduce waste and corruption, ensure local community consultation, and improve existing power generation through the use of a broad power mix, including fossil fuel and renewable energy, distributed generation models, energy efficiency, and other technological innovations, as appropriate. (5) An analysis of existing mechanisms for ensuring, and recommendations to promote-- (A) commercial cost recovery; (B) commercialization of electric service through distribution service providers, including cooperatives, to consumers; (C) improvements in revenue cycle management, power pricing, and fees assessed for service contracts and connections; (D) reductions in technical losses and commercial losses; and (E) non-discriminatory access to power, including recommendations on the creation of new service provider models that mobilize community participation in the provision of power services. (6) A description of the reforms being undertaken or planned by countries in sub-Saharan Africa to ensure the long-term economic viability of power projects and to increase access to power, including-- (A) reforms designed to allow third parties to connect power generation to the grid; (B) policies to ensure there is a viable and independent utility regulator; (C) strategies to ensure utilities become or remain creditworthy; (D) regulations that permit the participation of independent power producers and private-public partnerships; (E) policies that encourage private sector and cooperative investment in power generation; (F) policies that ensure compensation for power provided to the electrical grid by on-site producers; (G) policies to unbundle power services; (H) regulations to eliminate conflicts of interest in the utility sector; (I) efforts to develop standardized power purchase agreements and other contracts to streamline project development; (J) efforts to negotiate and monitor compliance with power purchase agreements and other contracts entered into with the private sector; and (K) policies that promote local community consultation with respect to the development of power generation and transmission projects. (7) A description of plans to ensure meaningful local consultation, as appropriate, in the planning, long-term maintenance, and management of investments designed to increase access to power in sub-Saharan Africa. (8) A description of the mechanisms to be established for-- (A) selection of partner countries for focused engagement on the power sector; (B) monitoring and evaluating increased access to, and reliability and affordability of, power in sub-Saharan Africa; (C) maximizing the financial sustainability of power generation, transmission, and distribution in sub-Saharan Africa; (D) establishing metrics to demonstrate progress on meeting goals relating to access to power, power generation, and distribution in sub-Saharan Africa; and (E) terminating unsuccessful programs. (9) A description of how the President intends to promote trade in electrical equipment with countries in sub-Saharan Africa, including a description of how the government of each country receiving assistance pursuant to the strategy-- (A) plans to lower or eliminate import tariffs or other taxes for energy and other power production and distribution technologies destined for sub-Saharan Africa, including equipment used to provide energy access, including solar lanterns, solar home systems, and micro and mini grids; and (B) plans to protect the intellectual property of companies designing and manufacturing products that can be used to provide energy access in sub-Saharan Africa. (10) A description of how the President intends to encourage the growth of distributed renewable energy markets in sub-Saharan Africa, including off-grid lighting and power, that includes-- (A) an analysis of the state of distributed renewable energy in sub-Saharan Africa; (B) a description of market barriers to the deployment of distributed renewable energy technologies both on- and off-grid in sub-Saharan Africa; (C) an analysis of the efficacy of efforts by the Overseas Private Investment Corporation and the United States Agency for International Development to facilitate the financing of the importation, distribution, sale, leasing, or marketing of distributed renewable energy technologies; and (D) a description of how bolstering distributed renewable energy can enhance the overall effort to increase power access in sub-Saharan Africa. (11) A description of plans to ensure that small and medium enterprises based in sub-Saharan Africa can fairly compete for energy development and energy access opportunities associated with this Act. (12) A description of how United States investments to increase access to energy in sub-Saharan Africa may reduce the need for foreign aid and development assistance in the future. (13) A description of policies or regulations, both domestically and internationally, that create barriers to private financing of the projects undertaken in this Act. (14) A description of the specific national security benefits to the United States that will be derived from increased energy access in sub-Saharan Africa. (c) Interagency Working Group.-- (1) In general.--The President may, as appropriate, establish an Interagency Working Group to coordinate the activities of relevant United States Government departments and agencies involved in carrying out the strategy required under this section. (2) Functions.--The Interagency Working Group may, among other things-- (A) seek to coordinate the activities of the United States Government departments and agencies involved in implementing the strategy required under this section; (B) ensure efficient and effective coordination between participating departments and agencies; and (C) facilitate information sharing, and coordinate partnerships between the United States Government, the private sector, and other development partners to achieve the goals of the strategy. SEC. 5. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR POWER PROJECTS IN SUB-SAHARAN AFRICA BY KEY UNITED STATES INSTITUTIONS. (a) In General.--In pursuing the policy goals described in section 3, the Administrator of the United States Agency for International Development, the Director of the Trade and Development Agency, the Overseas Private Investment Corporation, and the Chief Executive Officer and Board of Directors of the Millennium Challenge Corporation should, as appropriate, prioritize and expedite institutional efforts and assistance to facilitate the involvement of such institutions in power projects and markets, both on- and off-grid, in sub-Saharan Africa and partner with other investors and local institutions in sub- Saharan Africa, including private sector actors, to specifically increase access to reliable, affordable, and sustainable power in sub- Saharan Africa, including through-- (1) maximizing the number of people with new access to power and power services; (2) improving and expanding the generation, transmission and distribution of power; (3) providing reliable power to people and businesses in urban and rural communities; (4) addressing the energy needs of marginalized people living in areas where there is little or no access to a power grid and developing plans to systematically increase coverage in rural areas; (5) reducing transmission and distribution losses and improving end-use efficiency and demand-side management; (6) reducing energy-related impediments to business productivity and investment; and (7) building the capacity of countries in sub-Saharan Africa to monitor and appropriately and transparently regulate the power sector and encourage private investment in power production and distribution. (b) Effectiveness Measurement.--In prioritizing and expediting institutional efforts and assistance pursuant to this section, as appropriate, such institutions shall use clear, accountable, and metric-based targets to measure the effectiveness of such guarantees and assistance in achieving the goals described in section 3. (c) Promotion of Use of Private Financing and Assistance.--In carrying out policies under this section, such institutions shall promote the use of private financing and assistance and seek ways to remove barriers to private financing for projects and programs under this Act, including through charitable organizations. (d) Rule of Construction.--Nothing in this section may be construed to authorize modifying or limiting the portfolio of the institutions covered by subsection (a) in other developing regions. SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. In implementing the strategy described in section 4, the President should direct the United States representatives to appropriate international bodies to use the influence of the United States, consistent with the broad development goals of the United States, to advocate that each such body-- (1) commit to significantly increase efforts to promote investment in well-designed power sector and electrification projects in sub-Saharan Africa that increase energy access, in partnership with the private sector and consistent with the host countries' absorptive capacity; (2) address energy needs of individuals and communities where access to an electricity grid is impractical or cost-prohibitive; (3) enhance coordination with the private sector in sub-Saharan Africa to increase access to electricity; (4) provide technical assistance to the regulatory authorities of sub-Saharan African governments to remove unnecessary barriers to investment in otherwise commercially viable projects; and (5) utilize clear, accountable, and metric-based targets to measure the effectiveness of such projects. SEC. 7. PROGRESS REPORT. (a) In General.--Not later than three years after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on progress made toward achieving the strategy described in section 4 that includes the following: (1) A report on United States programs supporting implementation of policy and legislative changes leading to increased power generation and access in sub-Saharan Africa, including a description of the number, type, and status of policy, regulatory, and legislative changes initiated or implemented as a result of programs funded or supported by the United States in countries in sub-Saharan Africa to support increased power generation and access after the date of the enactment of this Act. (2) A description of power projects receiving United States Government support and how such projects, including off-grid efforts, are intended to achieve the strategy described in section 4. (3) For each project described in paragraph (2)-- (A) a description of how the project fits into, or encourages modifications of, the national energy plan of the country in which the project will be carried out, including encouraging regulatory reform in that county; (B) an estimate of the total cost of the project to the consumer, the country in which the project will be carried out, and other investors; (C) the amount of financing provided or guaranteed by the United States Government for the project; (D) an estimate of United States Government resources for the project, itemized by funding source, including from the Overseas Private Investment Corporation, the United States Agency for International Development, the Department of the Treasury, and other appropriate United States Government departments and agencies; (E) an estimate of the number and regional locations of individuals, communities, businesses, schools, and health facilities that have gained power connections as a result of the project, with a description of how the reliability, affordability, and sustainability of power has been improved as of the date of the report; (F) an assessment of the increase in the number of people and businesses with access to power, and in the operating electrical power capacity in megawatts as a result of the project between the date of the enactment of this Act and the date of the report; (G) a description of efforts to gain meaningful local consultation for projects associated with this Act and any significant estimated noneconomic effects of the efforts carried out pursuant to this Act; and (H) a description of the participation by small and medium enterprises based in sub-Saharan Africa on projects associated with this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 18, 2015. Electrify Africa Act of 2015 (Sec. 3) This bill states that it is U.S. policy to partner with the governments of sub-Saharan African countries, international financial institutions, and African regional economic communities, cooperatives, and private sectors to: promote first-time access to power services for at least 50 million people in sub-Saharan Africa by 2020; encourage the installation of at least 20,000 additional megawatts of electrical power in sub-Saharan Africa by 2020; promote reliable and affordable power in urban, rural, and under served areas; encourage necessary reforms to support electricity access projects and market-based power generation and distribution; promote policies to displace kerosene lighting with other technologies; promote an energy development strategy for sub-Saharan Africa that includes the use of oil, natural gas, coal, hydroelectric, wind, solar, and geothermal power; and promote the use of private financing and seek ways to remove barriers to private financing and assistance for projects, including through charitable organizations. (Sec. 4) The President shall: (1) establish a multiyear strategy to assist countries in sub-Saharan Africa implement national power strategies and develop an appropriate mix of power solutions to provide access to reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation; and (2) ensure that the strategy remains responsive to local community concerns and technological innovation. The President may establish an interagency working group to coordinate the activities of U.S. government departments and agencies involved in carrying out the strategy. (Sec. 5) The U.S. Agency for International Development, the Trade and Development Agency, the Overseas Private Investment Corporation, and the Millennium Challenge Corporation are urged to: (1) prioritize efforts and assistance for power projects and markets in sub-Saharan Africa; and (2) partner with other investors and local institutions, including private sector actors, to increase access to reliable, affordable, and sustainable power. (Sec. 6) The President should use U.S. influence at international bodies to advocate for: increasing investment in power sector and electrification projects in sub-Saharan Africa, addressing energy needs of individuals and communities where electricity grid access is impractical or cost-prohibitive, enhancing private sector coordination, and assisting sub-Saharan African governments to remove unnecessary regulatory barriers to investment. (Sec. 7) Within three years the President shall transmit a strategy progress report to Congress which includes information regarding: (1) U.S. programs supporting policy and legislative changes leading to increased power generation and access in sub-Saharan Africa, and (2) power projects receiving U.S. government support.

Electrify Africa Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Data and Benefit Improvement Act of 2016''. SEC. 2. IMPROVING MEDICAID DATA. Section 1903(d) of the Social Security Act (42 U.S.C. 1396b(d)) is amended by adding at the end the following new paragraph: ``(7)(A) In each CMS-64 or other quarterly expense report required to be submitted (for each quarter beginning on or after the date that is 2 years after the date that the form for such reports is revised, and guidance is issued, under subparagraph (B)) by a State for purposes of reconciling amounts paid to such State based on estimates under this subsection with amounts to be paid under subsection (a), such State shall include data on expenditures for medical assistance within each category of service disaggregated by each category of individuals (as specified by the Secretary in accordance with subparagraph (C)) used in determining the eligibility of individuals for medical assistance under the State plan or under a waiver of the plan. ``(B) Not later than 12 months after the date of the enactment of this paragraph, the Secretary shall revise the form for the CMS-64, or such other quarterly expense report, and issue necessary guidance for the use of such revised form, to enable States to comply with the requirement under subparagraph (A). ``(C) In specifying eligibility categories for purposes of subparagraph (A), the Secretary shall include as a separate eligibility category each of the following: ``(i) Pregnant women. ``(ii) With respect to individuals described in section 1902(a)(10)(A)(i)(VIII), each of the following categories of such individuals: ``(I) Newly eligible individuals (as defined in section 1905(y)(2)(A)) for whom the Federal medical assistance percentage for amounts expended for medical assistance is specified under section 1905(y)(1). ``(II) Individuals described in subparagraph (A) of section 1905(z)(2) for whom the Federal medical assistance percentage is specified under such section. ``(III) Individuals who are not described in subclause (I) or (II). ``(iii) Each of the populations, not otherwise described in clause (i) or (ii), by which a report under section 1902(a)(75)(A) is disaggregated.''. SEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF NEWBORNS. (a) In General.--Section 1905(bb) of the Social Security Act (42 U.S.C. 1396d(bb)) is amended by adding at the end the following new paragraph: ``(4) A woman shall continue to be treated as described in this subsection as a pregnant woman through the end of the 1-year period beginning on the date of the birth of a child of the woman.''. (b) Conforming Amendments.-- (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended by inserting ``(and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section)'' after ``tobacco cessation by pregnant women''. (2) Section 1927(d)(2)(F) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section)'' after ``pregnant women''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services furnished on or after the date that is one year after the date of the enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement 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 effective date specified in paragraph (1). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Report.--Not later than two years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report that assesses the use of the tobacco cessation service benefit under the Medicaid program, including under the amendments made by this section. Such report shall include an assessment of-- (1) the extent that States are encouraging the use of such benefit, such as through promotion of beneficiary and provider awareness of such benefit; and (2) gaps in the delivery of such benefit.

Medicaid Data and Benefit Improvement Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to: (1) extend Medicaid coverage of tobacco cessation services for pregnant women through the first full year after giving birth, and (2) add requirements related to the collection of specified Medicaid data from states.

Medicaid Data and Benefit Improvement Act of 2016

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Cervidae Tuberculosis Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Purpose and finding. Sec. 3. Definitions. Sec. 4. Administration of act. Sec. 5. Emergency cervidae tuberculosis protection.- Sec. 6. Insurance premiums. Sec. 7. Deposit and investment of premiums received. Sec. 8. Enforcement. Sec. 9. Regulations. Sec. 10. Authority to borrow funds from the Commodity Credit Corporation. Sec. 11. Emergency limitations on the movement of cervidae in interstate commerce. Sec. 12. Separability of provisions. Sec. 13. Termination. SEC. 2. PURPOSE AND FINDING. It is the purpose of this Act to provide for a voluntary national cervidae tuberculosis insurance program. Congress hereby finds that the commercial raising of cervidae in the United States either involves interstate commerce or affects interstate commerce. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Cervidae.--The term ``cervidae'' means any member of the family of animals possessing antlers that are shed annually, such as an elk, a deer, and a reindeer, except that such term shall include the antlerless water deer. (2) Commerce.--The term ``commerce'' means transport-- (A) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (B) between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or (C) within any Territory, possession, or the District of Columbia. (3) Destruction.--The term ``destruction'' means the slaughter of cervidae by a method approved by the Secretary. (4) Exposed.--The term ``exposed'', with respect to tuberculosis, means any cervidae that is found, in such manner as the Secretary may prescribe-- (A) to be part of a herd containing one or more infected cervidae; (B) to have moved from such a herd before the infection in the herd is disclosed, but after the herd became infected; or (C) to have been exposed to tuberculosis by virtue of being nursed by a tuberculosis infected dam. (5) Herd.--The term ``herd'' means-- (A) any group of cervidae maintained in a common area for any purpose; or (B) two or more groups of cervidae under common ownership that are geographically separated but that have an interchange or movement of cervidae. (6) Infected.--The term ``infected'', with respect to tuberculosis, means any cervidae in which tuberculosis has been determined to exist pursuant to regulations established by the Secretary. (7) Insurance program.--The term ``insurance program'' means the program of insurance established by the Secretary under section 5. (8) Owner.--The term ``owner'' means any person who has a legal or rightful title to cervidae and is engaged in the business of buying, raising, or selling cervidae in interstate commerce in the United States. (9) Person.--The term ``person'' includes individuals, partnerships, corporations, and other legal entities. (10) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (11) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States. (12) Tuberculosis.--The term ``tuberculosis'' means the contagious, infectious, and communicable disease caused by Mycobacterium bovis. SEC. 4. ADMINISTRATION OF ACT. (a) Delegation.--The Secretary of Agriculture shall administer this Act through the Animal and Plant Health Inspection Service of the Department of Agriculture. (b) Advisory Board.-- (1) Purpose of board.--The Secretary shall consult with the advisory board appointed pursuant to paragraph (2) whenever the Secretary is establishing policy for the insurance program or otherwise administering the insurance program. (2) Composition of board.--The advisory board shall consist of five members selected by the Secretary. Three members (including at least one elk producer and one deer producer) shall be selected by the Secretary from a list of nine candidates presented to the Secretary by domestic cervidae producers who participate in the insurance program. These candidates must also be cervidae producers who participate in the insurance program. One member shall be selected by the Secretary from among employees of the Department of Agriculture. One member shall be selected by the Secretary in such manner as the Secretary may determine. (3) Terms.--The members of the advisory board shall serve two-year terms; except that the Secretary may appoint two of the members initially appointed to the advisory board to serve a one-year term. (4) Chairperson.-- (A) In general.--At the last meeting of the advisory board for each year, the members of the advisory board shall select one member to serve as the chairperson of the advisory board for the next year. The chairperson shall serve a one year term and shall be responsible for the establishment of procedures for the operation of the advisory board. (B) Special rule.--For the year in which the advisory board is first established, the members of the advisory board shall select a chairperson at the first meeting of the advisory board. The chairperson selected pursuant to this subparagraph shall serve as chairperson for the remainder of that year. (5) Termination.--The advisory board shall terminate at the end of the 10-year period specified in section 13. SEC. 5. EMERGENCY CERVIDAE TUBERCULOSIS PROTECTION.- (a) Insurance Program Authorized.--If the Secretary determines that sufficient actuarial data are available and that establishment of an insurance program is warranted, the Secretary may establish a voluntary national insurance program to compensate participating owners for the destruction of any cervidae found to be infected with or exposed to tuberculosis, as provided in this Act. (b) Participation Required for Indemnity Payments.--Indemnity payments shall not be provided under this Act to any owner who does not participate in the insurance program. In order to participate, the owner must agree to insure the entire herd of the owner. A herd shall not be eligible for coverage under the insurance program if the herd is under active investigation regarding infection with or exposure to tuberculosis, including traceback or quarantine for tuberculosis. (c) Effective Date of Coverage.--Coverage under the insurance program shall become effective upon the payment by the owner of-- (1) the premium established by the Secretary for participation in section 6; or (2) such portion of the premium as the Secretary may require to initiate coverage. (d) Compensation for Destruction of Insured Cervidae.-- (1) In general.--Except as provided in paragraph (2), indemnity payments for the destruction of insured cervidae shall be paid at rates established by the Secretary for the insurance program, but not greater than 80 percent of the declared market value of healthy cervidae at the time of the destruction of the cervidae. The amount of compensation shall be reduced by the salvage value and any other moneys received by an owner for the destroyed cervidae. (2) Limitation.--The amount of compensation provided for the destruction of insured cervidae may not exceed the actual fair market value of healthy cervidae, as determined by the Secretary, at the time of the destruction of the cervidae. Coverage shall not be retroactive. SEC. 6. INSURANCE PREMIUMS. (a) Rates.--Subject to subsection (b), the Secretary shall establish premiums for insurance coverage under this Act at such rates as the Secretary determines to be actuarially sufficient to cover claims under the insurance program and to establish a reasonable reserve against unforeseen losses in order to guarantee that the insurance program will be self-funding before the end of-- (1) the 10-year period beginning on the date of the enactment of this Act; or (2) such earlier termination date as the Secretary may establish for the insurance program. (b) Maximum Premium.--The Secretary may not establish a premium under this Act for an owner in excess of two percent annually of the declared market value of the insured herd, as declared by the owner. (c) Time for Payment.--Premiums shall be paid at such time or times as the Secretary shall require. (d) Denial or Reduction of Claims.-- (1) Limitation.--If the Secretary denies or reduces an insurance claim under the insurance program, the Secretary shall mail a notice of the denial or reduction to the claimant. (2) Appeal.--Not later than six months after the date the notice is mailed, the claimant may bring an administrative appeal before the Secretary to review the denial or reduction of the claim. (3) Hearing.--If a claimant files an appeal, the Secretary shall conduct a hearing on the record on the denial or reduction of the claim. (4) Final order.--The denial or reduction of the claim shall be treated as a final order that is reviewable under chapter 158 of title 28, United States Code. SEC. 7. DEPOSIT AND INVESTMENT OF PREMIUMS RECEIVED. (a) In General.--Premiums received under the insurance program that are not immediately required to be expended may be-- (1) deposited in the Treasury of the United States or in any bank approved by the Secretary of the Treasury, subject to withdrawal by the Secretary of Agriculture at any time; or (2) with approval of the Secretary of the Treasury, invested in obligations of the United States or in obligations guaranteed as to principal and interest by the United States. (b) Federal Reserve Banks.--Subject to the approval of the Secretary of the Treasury, the Federal Reserve Banks shall act as depositories, custodians, and fiscal agents of the Secretary of Agriculture in the performance of the powers of the Secretary of Agriculture under this Act. (c) Repayment of Borrowed Funds.--At the end of the 10-year period specified in section 13, the Secretary shall repay, out of funds remaining for the insurance program, the Commodity Credit Corporation for all funds borrowed under section 10. (d) Rebate of Unused Funds.--Any funds remaining after making the repayment required under subsection (c) shall be rebated to policy holders on a pro rated basis according to the premium paid. SEC. 8. ENFORCEMENT. In order to ensure the efficient execution of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Federal Trade Commission Act (15 U.S.C. 46, 48, 49, and 50, respectively), shall apply to the jurisdiction, powers, and duties of the Secretary in enforcing this Act and to any person subject to Act, whether or not a corporation. SEC. 9. REGULATIONS. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this Act. SEC. 10. AUTHORITY TO BORROW FUNDS FROM THE COMMODITY CREDIT CORPORATION. During the 10-year period specified in section 13, the Secretary may borrow, under such terms as determined by the Secretary, funds available to the Commodity Credit Corporation in an amount not to exceed $7,000,000 to carry out the insurance program. SEC. 11. EMERGENCY LIMITATIONS ON THE MOVEMENT OF CERVIDAE IN INTERSTATE COMMERCE. Because of the risk of spreading tuberculosis among cervidae and other uninfected livestock, the movement or sale of cervidae in interstate commerce shall be contingent upon proof of insurance obtained under this Act or a waiver signed by the owner releasing the Federal Government from liability for indemnity for the destruction of cervidae exposed to or infected with tuberculosis. SEC. 12. SEPARABILITY OF PROVISIONS. The sections of this Act and subdivisions of sections are declared to be separable, and in the event any one or more of the sections or parts of the same of this Act be held to be unconstitutional, the same shall not affect the validity of other sections or parts of sections of this Act. SEC. 13. TERMINATION. The insurance program authorized by this section shall terminate at the end of the 10-year period beginning on the date the Secretary first offers insurance under the program. Any insurance policy provided under the program that is still in effect upon the termination of the program shall remain in effect for the remainder of the term of the policy, except that no policy may be renewed after the termination date of the program.

Emergency Cervidae Tuberculosis Protection Act - Authorizes the Secretary of Agriculture to establish a voluntary ten-year insurance program to compensate participating owners of domesticated cervidae (deer, elk, reindeer) for the destruction of animals injected with, or exposed to, tuberculosis. Places specified limitations on the movement of cervidae in interstate commerce.

Emergency Cervidae Tuberculosis Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Tax Equity Act of 2015''. SEC. 2. ESTABLISHING EXCISE TAX EQUITY AMONG ALL TOBACCO PRODUCT TAX RATES. (a) Tax Parity for Pipe Tobacco and Roll-Your-Own Tobacco.--Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking ``$2.8311 cents'' and inserting ``$24.78''. (b) Tax Parity for Smokeless Tobacco.-- (1) Section 5701(e) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1), by striking ``$1.51'' and inserting ``$13.42''; (B) in paragraph (2), by striking ``50.33 cents'' and inserting ``$5.37''; and (C) by adding at the end the following: ``(3) Smokeless tobacco sold in discrete single-use units.--On discrete single-use units, $50.33 per thousand.''. (2) Section 5702(m) of such Code is amended-- (A) in paragraph (1), by striking ``or chewing tobacco'' and inserting ``, chewing tobacco, or discrete single-use unit''; (B) in paragraphs (2) and (3), by inserting ``that is not a discrete single-use unit'' before the period in each such paragraph; and (C) by adding at the end the following: ``(4) Discrete single-use unit.--The term `discrete single- use unit' means any product containing tobacco that-- ``(A) is not intended to be smoked; and ``(B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit.''. (c) Tax Parity for Large Cigars.-- (1) In general.--Paragraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking ``52.75 percent'' and all that follows through the period and inserting the following: ``$24.78 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 5.033 cents per cigar.''. (2) Guidance.--The Secretary may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986. (d) Tax Parity for Roll-Your-Own Tobacco and Certain Processed Tobacco.--Subsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting ``, and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation'' after ``wrappers thereof''. (e) Clarifying Tax Rate for Other Tobacco Products.-- (1) In general.--Section 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Other Tobacco Products.--Any product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.''. (2) Establishing per use basis.--For purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis. (f) Clarifying Definition of Tobacco Products.-- (1) In general.--Subsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Tobacco Products.--The term `tobacco products' means-- ``(1) cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and ``(2) any other product subject to tax pursuant to section 5701(i).''. (2) Conforming amendments.--Subsection (d) of section 5702 of such Code is amended by striking ``cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco'' each place it appears and inserting ``tobacco products''. (g) Tax Rates Adjusted for Inflation.--Section 5701 of such Code is amended by adding at the end the following new subsection: ``(i) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year beginning after 2015, the dollar amounts provided under this chapter shall each 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, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01.''. (h) Effective Dates.-- (1) In general.--Except as provided in paragraphs (2) through (4), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act. (2) Discrete single-use units and processed tobacco.--The amendments made by subsections (b)(1)(C), (b)(2), and (d) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act. (3) Large cigars.--The amendments made by subsection (c) shall apply to articles removed after December 31, 2015. (4) Other tobacco products.--The amendments made by subsection (e)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.

Tobacco Tax Equity Act of 2015 Amends the Internal Revenue Code, with respect to the excise tax on tobacco products, to tax pipe tobacco, smokeless tobacco products, and large cigars at the same level as cigarettes. Revises the definition of "tobacco products," for purposes of such tax, to include any other product determined to be a tobacco product by the Food and Drug Administration. Makes smokeless tobacco products sold in discrete single-use units subject to an excise tax of $50.33 per thousand. Provides for an inflation adjustment in calendar years beginning after 2015 to the dollar amounts of tobacco products subject to the excise tax.

Tobacco Tax Equity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Employer Tax Credit Act of 1999''. SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. RESERVE FORCE PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve force participation credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.'' (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (11), (2) by striking the period at the end of paragraph (12) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(13) the reserve force participation credit determined under section 45D(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45C the following new item: ``Sec. 45D. Reserve force participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.

Reserve Employer Tax Credit Act of 1999 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; and (2) a comparable credit for participating self-employed individuals.

Reserve Employer Tax Credit Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketing and Consumer Fraud and Abuse Prevention Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact with the consumer. Telemarketers also can be very mobile, easily moving from State to State. (2) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Federal Trade Commission are not sufficient to ensure adequate consumer protection from such fraud. (3) Consumers and others are estimated to lose $40 billion a year in telemarketing fraud. (4) Consumers are victimized by other forms of telemarketing deception and abuse. (5) Consequently, Congress should enact legislation that will offer consumers necessary protection from telemarketing deception and abuse. SEC. 3. TELEMARKETING RULES. (a) In General.-- (1) The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. (2) The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering. (3) The Commission shall include in such rules respecting other abusive telemarketing acts or practices-- (A) a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer's right to privacy, (B) restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers, and (C) a requirement that any person engaged in telemarketing for the sale of goods or services shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the Commission deems appropriate, including the nature and price of the goods and services. In prescribing the rules described in this paragraph, the Commission shall also consider recordkeeping requirements. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 365 days after the date of enactment of this Act. Such rules shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Enforcement.--Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (d) Securities and Exchange Commission Rules.-- (1) Promulgation.-- (A) In general.--Except as provided in subparagraph (B), not later than 6 months after the effective date of rules promulgated by the Federal Trade Commission under subsection (a), the Securities and Exchange Commission shall promulgate, or require any national securities exchange or registered securities association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by persons described in paragraph (2). (B) Exception.--The Securities and Exchange Commission is not required to promulgate a rule under subparagraph (A) if it determines that-- (i) Federal securities laws or rules adopted by the Securities and Exchange Commission thereunder provide protection from deceptive and other abusive telemarketing by persons described in paragraph (2) substantially similar to that provided by rules promulgated by the Federal Trade Commission under subsection (a); or (ii) such a rule promulgated by the Securities and Exchange Commission is not necessary or appropriate in the public interest, or for the protection of investors, or would be inconsistent with the maintenance of fair and orderly markets. If the Securities and Exchange Commission determines that an exception described in clause (i) or (ii) applies, the Securities and Exchange Commission shall publish in the Federal Register its determination with the reasons for it. (2) Application.-- (A) In general.--The rules promulgated by the Securities and Exchange Commission under paragraph (1)(A) shall apply to a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company, or any individual asso- ciated with a broker, dealer, transfer agent, municipal securities dealer, municipal securities broker, government securities broker, government securities dealer, investment adviser or investment company. The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in the preceding sentence. (B) Definitions.--For purposes of subparagraph (A)-- (i) the terms ``broker'', ``dealer'', ``transfer agent'', ``municipal securities dealer'', ``municipal securities broker'', ``government securities broker'', and ``government securities dealer'' have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 3(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4), (5), (25), (30), (31), (43), and (44)); (ii) the term ``investment adviser'' has the meaning given such term by section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)); and (iii) the term ``investment company'' has the meaning given such term by section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)). (e) Commodity Futures Trading Commission Rules.-- (1) Application.--The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in subsection (f)(1) of section 6 of the Commodity Exchange Act (7 U.S.C. 8, 9, 15, 13b, 9a). (2) Promulgation.--Section 6 of the Commodity Exchange Act (7 U.S.C. 8, 9, 15, 13b, 9a) is amended by adding at the end the following new subsection: ``(f)(1) Except as provided in paragraph (2), not later than six months after the effective date of rules promulgated by the Federal Trade Commission under section 3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Commission shall promulgate, or require each registered futures association to promulgate, rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by any person registered or exempt from registration under this Act in connection with such person's business as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant, floor broker, or floor trader, or a person associated with any such person. ``(2) The Commission is not required to promulgate rules under paragraph (1) if it determines that-- ``(A) rules adopted by the Commission under this Act provide protection from deceptive and abusive telemarketing by persons described under paragraph (1) substantially similar to that provided by rules promulgated by the Federal Trade Commission under section 3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act; or ``(B) such a rule promulgated by the Commission is not necessary or appropriate in the public interest, or for the pro- tection of customers in the futures and options markets, or would be inconsistent with the maintenance of fair and orderly markets. If the Commission determines that an exception described in subparagraph (A) or (B) applies, the Commission shall publish in the Federal Register its determination with the reasons for it.''. SEC. 4. ACTIONS BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice of telemarketing which violates any rule of the Commission under section 3, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such telemarketing, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may deem appropriate. (b) Notice.--The State shall serve prior written notice of any civil action under subsection (a) or (f)(2) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general 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. (d) Actions by the Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. ACTIONS BY PRIVATE PERSONS. (a) In General.--Any person adversely affected by any pattern or practice of telemarketing which violates any rule of the Commission under section 3, or an authorized person acting on such person's behalf, may, within 3 years after discovery of the violation, bring a civil action in an appropriate district court of the United States against a person who has engaged or is engaging in such pattern or practice of telemarketing if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected by such telemarketing. Such an action may be brought to enjoin such telemarketing, to enforce compliance with any rule of the Commission under section 3, to obtain damages, or to obtain such further and other relief as the court may deem appropriate. (b) Notice.--The plaintiff shall serve prior written notice of the action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the person shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. (c) Action by the Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3, no person may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (d) Cost and Fees.--The court, in issuing any final order in any action brought under subsection (a), may award costs of suit and reasonable fees for attorneys and expert witnesses to the prevailing party. (e) Construction.--Nothing in this section shall restrict any right which any person may have under any statute or common law. (f) Venue; Service of Process.--Any civil action brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT. (a) In General.--Except as otherwise provided in sections 3(d), 3(e), 4, and 5, this Act shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this Act. (b) Actions by the Commission.--The Commission shall prevent any person from violating a rule of the Commission under section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``attorney general'' means the chief legal officer of a State. (2) The term ``Commission'' means the Federal Trade Commission. (3) The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States. (4) The term ``telemarketing'' means a plan, program, or campaign which is conducted to induce purchases of goods or services by use of one or more telephones and which involves more than one interstate telephone call. The term does not include the solicitation of sales through the mailing of a catalog which-- (A) contains a written description, or illustration of the goods or services offered for sale, (B) includes the business address of the seller, (C) includes multiple pages of written material or illustrations, and (D) has been issued not less frequently than once a year, where the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders only without further solicitation. SEC. 8. FALSE ADVERTISEMENTS CONCERNING SERVICES. Section 12(a) of the Federal Trade Commission Act (15 U.S.C. 52(a)) is amended by inserting ``services,'' immediately after ``devices,'' each place it appears. SEC. 9. ENFORCEMENT OF ORDERS. (a) General Authority.--Subject to subsections (b) and (c), the Federal Trade Commission may bring a criminal contempt action for violations of orders of the Commission obtained in cases brought under section 13(b) of the Federal Trade Commission Act (15 U.S.C. 53(b)). (b) Appointment.--An action authorized by subsection (a) may be brought by the Federal Trade Commission only after, and pursuant to, the appointment by the Attorney General of an attorney employed by the Commission, as a special assistant United States Attorney. (c) Request for Appointment.-- (1) Appointment upon request or motion.--A special assistant United States Attorney may be appointed under subsection (b) upon the request of the Federal Trade Commission or the court which has entered the order for which contempt is sought or upon the Attorney General's own motion. (2) Timing.--The Attorney General shall act upon any request made under paragraph (1) within 45 days of the receipt of the request. (d) Termination of Authority.--The authority of the Federal Trade Commission to bring a criminal contempt action under subsection (a) expires 2 years after the date of the first promulgation of rules under section 3. The expiration of such authority shall have no effect on an action brought before the expiration date. SEC. 10. REVIEW. Upon the expiration of 5 years following the date of the first promulgation of rules under section 3, the Commission shall review the implementation of this Act and its effect on deceptive telemarketing acts or practices and report the results of the review to the Congress. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Telemarketing and Consumer Fraud and Abuse Prevention Act - Directs the Federal Trade Commission to prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. Requires such rules to include: (1) a requirement that telemarketers not make unsolicited calls in a pattern which a reasonable customer would consider coercive or abusive of the customer's right to privacy; (2) restrictions on the times of day and night when unsolicited calls can be made to consumers; and (3) a requirement that any telephone solicitor shall promptly and clearly disclose the purpose of the call. Directs the Securities and Exchange Commission and the Commodity Futures Trading Commission to promulgate similar rules regarding telemarketing by brokers and dealers, unless Federal laws or rules adopted by such Commissions provide protection or such rules are not necessary or appropriate in the public interest. Requires such Commissions to publish reasons for allowing any exception. (Sec. 4) Permits the attorney general of any State, whenever there is reason to believe that the interests of a State's residents are adversely affected because of a telemarketing practice which violates rules promulgated pursuant to this Act, to bring a civil action to enjoin such telemarketing and to obtain damages and other appropriate relief. (Sec. 5) Permits similar actions by any person adversely affected by violations of the rules promulgated pursuant to this Act, if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected. (Sec. 8) Amends the Federal Trade Commission Act to make it unlawful to disseminate by U.S. mails or by any means false advertisements concerning services. (Sec. 9) Permits the Federal Trade Commission, until two years following the promulgation of rules under this Act, to bring a criminal contempt action for violations of orders of the Commission obtained in false advertising cases. (Sec. 10) Provides for the review of the implementation of this Act, five years following the promulgation of rules, and for a report to the Congress.

Telemarketing and Consumer Fraud and Abuse Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tyler Clementi Higher Education Anti-Harassment Act of 2010''. SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by striking the subsection heading and inserting ``Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics.''; (2) in paragraph (6)(A)-- (A) by redesignating clauses (ii) and (iii) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (i) the following: ``(ii) The term `commercial mobile service' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). ``(iii) The term `electronic communication' means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. ``(iv) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(v) The term `harassment' means conduct, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility (including conduct that is undertaken in whole or in part, through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology) that-- ``(I) is sufficiently severe, persistent, or pervasive so as to limit a student's ability to participate in or benefit from a program or activity at an institution of higher education, or to create a hostile or abusive educational environment at an institution of higher education; and ``(II) is based on a student's actual or perceived-- ``(aa) race; ``(bb) color; ``(cc) national origin; ``(dd) sex; ``(ee) disability; ``(ff) sexual orientation; ``(gg) gender identity; or ``(hh) religion.''; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: ``(9)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding harassment, which shall include-- ``(i) a prohibition of harassment of enrolled students by other students, faculty, and staff-- ``(I) on campus; ``(II) in noncampus buildings or on noncampus property; ``(III) on public property; ``(IV) through the use of electronic mail addresses issued by the institution of higher education; ``(V) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or ``(VI) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; ``(ii) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; ``(iii) a description of the procedures that a student should follow if an incident of harassment occurs; and ``(iv) a description of the procedures that the institution will follow once an incident of harassment has been reported. ``(B) The statement of policy described in subparagraph (A) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. ``(iii) Notification of existing counseling, mental health, or student services for victims or perpetrators of harassment, both on campus and in the community. ``(iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member.''. SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Harassment.--The term ``harassment'' has the meaning given the term in section 485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)), as amended by section 2 of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized Activities.--An eligible entity that receives a grant under this section shall use the funds made available through the grant to address one or more of the types of harassment listed in section 485(f)(6)(A)(v)(II) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)(v)(II)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs. (e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. (f) Duration; Renewal.--A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award Considerations.--In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and Evaluation.-- (1) Evaluation and report to the secretary.--Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall-- (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of best practices for combating harassment at institutions of higher education. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2013 through 2018. SEC. 4. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this Act are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

Tyler Clementi Higher Education Anti-Harassment Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported. Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school. Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs. Directs the Secretary to publish a report of best practices for combating harassment at IHEs.

A bill to prevent harassment at institutions of higher education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Enforcement (`Green 301') Act''. SEC. 2. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following: ``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. ``(a) Identification.-- ``(1) In general.--The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. ``(2) Factors.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the strength of the connection between trade and the negative environmental impact; ``(B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and ``(C) the costs and benefits of mitigating the negative environmental impact through the remedies described in this section. ``(3) Consultation.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies. ``(b) Report.-- ``(1) In general.--Not later than 270 days after the date of submission of a report under section 181(b) of this Act, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a). ``(2) Matters to be included.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and ``(B) a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices. ``(c) Petitions.-- ``(1) In general.--Any interested person, as described in subsection (a)(3), may file a petition with the Trade Representative requesting that action be taken under subsection (a) and setting forth the allegations in support of the request. ``(2) Review.--The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative receives the petition, shall determine whether to initiate consultations under subsection (d) with respect to the allegations in the petition. ``(3) Determination not to initiate consultations.--If the Trade Representative determines not to initiate consultations under subsection (d) with respect to a petition filed under paragraph (1), the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. ``(d) Consultations.--Not later than 3 weeks after the date on which the report required under subsection (b) is submitted to the congressional committees specified under subsection (b) or upon acceptance of a petition described in subsection (c), the Trade Representative shall request consultations with the government of each foreign country identified under subsection (a) or in such a petition regarding the practices with respect to which the foreign country was so identified. ``(e) Agreements.-- ``(1) In general.--As part of the consultations with a foreign country under subsection (d), the Trade Representative shall seek to negotiate an agreement between the United States and the foreign country that provides for the mitigation, reduction, or elimination of the negative environmental impacts that are the result of the trade practices with respect to which the foreign country was identified under subsection (a) or (c). ``(2) Failure to reach agreement.--If the United States and a foreign country fail to reach an agreement described in paragraph (1), the Trade Representative-- ``(A) shall take all appropriate and feasible action authorized under section 301(c) of this Act, subject to the specific direction, if any, of the President regarding any such action; and ``(B) shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to obtain the mitigation, reduction, or elimination of negative environmental impacts that are the result of the trade practices with respect to which the foreign country was identified under subsection (a). ``(f) Foreign Country Trade Practice Defined.--In this section, the term `foreign country trade practice' or `trade practice'-- ``(1) means any act, policy, or practice of a foreign country relating to trade as well as the sustained or recurring lack of any act, policy, or practice of a foreign country relating to trade; but ``(2) does not include any such act, policy, or practice that reflects a reasonable exercise of prosecutorial discretion or a reasonable decision regarding the allocation of environmental enforcement resources.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following: ``Sec. 311. Identification of countries that engage in trade practices that negatively affect the environment.''.

Trade and Environment Enforcement (Green 301) Act - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to: (1) identify foreign country trade practices that cause negative impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally; (2) review petitions requesting certain action with respect to such trade practices; and (3) consult with an identified foreign country and seek to negotiate an agreement that mitigates, reduces, or eliminates those negative impacts.

To amend the Trade Act of 1974 to identify foreign country trade practices that negatively affect the environment and to take actions to address such practices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Security Preservation Act of 2014''. SEC. 2. PROTECTING OLDER, LONGER SERVICE PARTICIPANTS. (a) In General.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 is amended-- (1) by striking the semicolon at the end of paragraph (2) and inserting ``; and'', (2) by striking ``; and'' at the end of paragraph (3) and inserting a period, and (3) by striking paragraph (4) and inserting the following: ``(4) Nondiscrimination.-- ``(A) In general.--A trust shall not constitute a qualified trust under this section unless the contributions or benefits provided under the plan do not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). For purposes of this paragraph, there shall be excluded from consideration employees described in section 410(b)(3) (A) and (C). ``(B) Protection of older, longer service participants.-- ``(i) A defined benefit plan that provides benefits, rights, or features to a closed class of participants shall not fail to satisfy the requirements of this paragraph by reason of the composition of such closed class or the benefits, rights, or features provided to such closed class, if-- ``(I) such closed class and such benefits, rights, and features satisfied the requirements of subparagraph (A) (without regard to this clause) as of the date that the class was closed, and ``(II) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment is adopted that does not meet the requirements of subclause (II), the plan shall be treated as meeting the requirements of this paragraph if such plan satisfied such requirements (without regard to subclause (II)) as of the effective date of such amendment. In such cases, subclauses (I) and (II) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the date that the class was closed. ``(ii) A defined contribution plan shall be permitted to be tested on a benefits basis if-- ``(I) the plan provides make-whole contributions to a closed class of participants whose defined benefit plan accruals have been reduced or eliminated, ``(II) such closed class of participants satisfied section 410(b)(2)(A)(i) as of the date that the class of participants was closed, and ``(III) after the date as of which the class was closed, any plan amendments that modify the closed class or the allocations, benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment is adopted that does not meet the requirements of subclause (III), the plan shall be treated as meeting the requirements of this paragraph if such plan satisfied such requirements (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the date that the class was closed. ``(iii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of the portion of one or more defined contribution plans described in clause (ii) that provide make-whole contributions, such portion of such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that-- ``(I) provides matching contributions (as defined in subsection (m)(4)(A)), or ``(II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). ``(C) Definitions.--For purposes of this paragraph-- ``(i) Make-whole contributions.--The term `make-whole contributions' means allocations for each employee in the class that are reasonably calculated, in a consistent manner, to replace some or all of the retirement benefits that the employee would have received under the defined benefit plan and any other plan or arrangement if no change had been made to such defined benefit plan and such other plan or arrangement. ``(ii) References to closed class of participants.--References to a closed class of participants and similar references to a closed class shall include arrangements under which one or more classes of participants are closed. ``(D) Protecting grandfathered participants in defined benefit plans.-- ``(i) A defined benefit shall be permitted to be tested on a benefits basis with one or more defined contribution plans if-- ``(I) the plan provides benefits to a closed class of participants, ``(II) the plan and such benefits satisfy the requirements of subparagraph (A) (without regard to this subparagraph) as of the date the class was closed, and ``(III) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits provided to such closed class satisfy subparagraph (A) (without regard to this subparagraph). If a plan amendment is adopted that does not meet the requirements of subclause (III), the plan shall be treated as meeting the requirements of this paragraph if such plan satisfied such requirements (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the date that the class was closed. ``(ii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of one or more defined benefit plans that meet the requirements of subclauses (I), (II), and (III) of clause (i), such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that-- ``(I) provides matching contributions (as defined in subsection (m)(4)(A)), or ``(II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). ``(E) Rules.--The Secretary may prescribe rules to prevent abuse of the plan designs otherwise permitted by reason of subparagraphs (B) and (D). Such rules shall be directed toward abuses under which the defined benefit plan was established within a specified period prior to the date that-- ``(i) the closed class of participants referred to in subparagraph (B)(i), (B)(ii), or (D)(i) is closed, or ``(ii) the defined benefit plan accruals have been reduced or eliminated, in the case of the make-whole contributions described in subparagraph (C). ``(F) Transition rules.--Within 1 year after the date of enactment of the Retirement Security Preservation Act of 2014, the Secretary shall prescribe rules that facilitate the use of the provisions of subparagraphs (B) and (D) without regard to-- ``(i) whether the closing of the class of participants referred to in such subparagraphs occurred before or after such date of enactment, or ``(ii) plan amendments that were adopted or effective before such date of enactment and that would not have been necessary if subparagraphs (B) and (D) had been in effect.''. (b) Participation Requirements.--Paragraph (26) of section 401(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(I) Protected participants.--A plan shall be deemed to satisfy the requirements of subparagraph (A) if-- ``(i) the plan is amended-- ``(I) to cease all benefit accruals, or ``(II) to provide future benefit accruals only to a closed class of participants, and ``(ii) the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment. The Secretary may prescribe such rules as are necessary or appropriate to fulfill the purposes of this subparagraph, including prevention of abuse of this subparagraph in the case of plans established within a specified period prior to the effective date of the amendment.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referenced in such amendments are adopted or effective before, on, or after such date of enactment.

Retirement Security Preservation Act of 2014 - Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants under defined benefit plans.

Retirement Security Preservation Act of 2014

SECTION 1. TRANSFER OF LIGHTHOUSES. (a) Authority To Transfer.-- (1) In general.--The Secretary may convey by any appropriate means to the Washington State Parks and Recreation Commission all right, title, and interest of the United States in and to property comprising 1 or more of the Cape Disappointment Lighthouse, North Head Lighthouse, and Point Wilson Lighthouse. (2) Identification of property.--The Secretary may identify, describe, and determine property conveyed pursuant to this section. (b) Terms and Conditions.-- (1) In general.--The conveyance of property pursuant to subsection (a) shall be made-- (A) without the payment of consideration; and (B) subject to such terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--In addition to any term or condition established pursuant to paragraph (1), any conveyance of property comprising Cape Disappointment Lighthouse, North Head Lighthouse, or Point Wilson Lighthouse pursuant to this section shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof-- (A) ceases to be used as a center for public benefit for the interpretation and preservation of maritime history; (B) ceases to be maintained in a manner that ensures its present or future use as a Coast Guard aid to navigation; or (C) ceases to be maintained in a manner consistent with the provisions of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.). (3) Required conditions.--Any conveyance of property pursuant to this section shall be made subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the lights, antennas, and associated equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States; (B) the Washington State Parks and Recreation Commission may not interfere or allow interference in any manner with such aids to navigation without express written permission from the Secretary of Transportation; (C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation or make any changes on any portion of such property as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter such property without notice for the purpose of maintaining aids to navigation; (E) the United States shall have an easement of access to such property for the purpose of maintaining the aids to navigation in use on the property; and (F) the property shall be rehabilitated and maintained by the owner in accordance with the provisions of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.). (4) Maintenance of certain equipment not required.--The Washington State Parks and Recreation Commission shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Definitions.--For purposes of this section, the term-- (1) ``Cape Disappointment Lighthouse'' means the Coast Guard lighthouse located at Fort Canby State Park, Washington, including-- (A) the lighthouse, excluding any lantern or lens that is the personal property of the Coast Guard; and (B) such land as may be necessary to enable the Washington State Parks and Recreation Commission to operate at that lighthouse a center for public benefit for the interpretation and preservation of the maritime history; (2) ``North Head Lighthouse'' means the Coast Guard lighthouse located at Fort Canby State Park, Washington, including-- (A) the lighthouse, excluding any lantern or lens that is the personal property of the Coast Guard; (B) ancillary buildings; and (C) such land as may be necessary to enable the State of Washington to operate at that lighthouse a center for public benefit for the interpretation and preservation of maritime history; (3) ``Point Wilson Lighthouse'' means the Coast Guard lighthouse located at Fort Wooden State Park, Washington, including-- (A) the lighthouse, excluding any lantern or lens that is the personal property of the Coast Guard; (B) 2 ancillary buildings; and (C) such land as may be necessary to enable the State of Washington to operate at that lighthouse a center for public benefit for the interpretation and preservation of maritime history; and (4) ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.

Directs the Secretary of the department in which the Coast Guard is operating to convey to the Washington State Parks and Recreation Commission property comprising one or more of the Cape Disappointment Lighthouse, North Head Lighthouse, and Point Wilson Lighthouse. Reverts such conveyed property to the United States if it or any part thereof ceases to be: (1) used as a center for public benefit for the interpretation and preservation of maritime history; or (2) maintained in a manner that ensures its present or future use as a Coast Guard aid to navigation or that is consistent with the provisions of the National Historic Preservation Act of 1966.

To authorize the conveyance of certain lighthouses in the State of Washington.