FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009''. SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES. Not later than January 1, 2010, the Secretary of Health and Human Services shall submit to Congress a proposal for a formalized process for the development of performance-based quality measures that could be applied to physicians' services under the Medicare program under title XVIII of the Social Security Act. Such proposal shall be in concert and agreement with the Physician Consortium for Performance Improvement and shall only utilize measures agreed upon by each physician specialty organization. SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE GUIDELINES. (a) Selection and Issuance of Best Practices Guidelines.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall provide for the selection and issuance of best practice guidelines (each in this subsection referred to as a ``guideline'') in accordance with paragraphs (2) and (3). (2) Development process.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into a contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop guidelines for treatment of medical conditions for application under subsection (b). Under the contract, the organization shall take into consideration any endorsed performance-based quality measures described in section 2. Under the contract and not later than 18 months after the date of the enactment of this Act, the organization shall submit best practice guidelines for issuance as guidelines under paragraph (3). (3) Issuance.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall issue, by regulation, after notice and opportunity for public comment, guidelines that have been recommended under paragraph (2) for application under subsection (b). (B) Limitation.--The Secretary may not issue guidelines unless they have been approved or endorsed by qualified physician consensus-building organization involved and physician specialty organizations. (C) Dissemination.--The Secretary shall broadly disseminate the guidelines so issued. (b) Limitation on Damages.-- (1) Limitation on noneconomic damages.--In any health care lawsuit, no noneconomic damages may awarded with respect to treatment that is within a guideline issued under subsection (a). (2) Limitation on punitive damages.--In any health care lawsuit, no punitive damages may be awarded against a health care practitioner based on a claim that such treatment caused the claimant harm if-- (A) such treatment was subject to the quality review by a qualified physician consensus-building organization; (B) such treatment was approved in a guideline that underwent full review by such organization, public comment, approval by the Secretary, and dissemination as described in subparagraph (a); and (C) such medical treatment is generally recognized among qualified experts (including medical providers and relevant physician specialty organizations) as safe, effective, and appropriate. (c) Use.-- (1) Introduction as evidence.--Guidelines under subsection (a) may not be introduced as evidence of negligence or deviation in the standard of care in any civil action unless they have previously been introduced by the defendant. (2) No presumption of negligence.--There would be no presumption of negligence if a participating physician does not adhere to such guidelines. (d) Construction.--Nothing in this section shall be construed as preventing a State from-- (1) replacing their current medical malpractice rules with rules that rely, as a defense, upon a health care provider's compliance with a guideline issued under subsection (a); or (2) applying additional guidelines or safe-harbors that are in addition to, but not in lieu of, the guidelines issued under subsection (a). SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS. ``(a) In General.--The Secretary may award grants to States for the development, implementation, and evaluation of administrative health care tribunals that comply with this section, for the resolution of disputes concerning injuries allegedly caused by health care providers. ``(b) Conditions for Demonstration Grants.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as may be required by the Secretary. A grant shall be awarded under this section on such terms and conditions as the Secretary determines appropriate. ``(c) Representation by Counsel.--A State that receives a grant under this section may not preclude any party to a dispute before an administrative health care tribunal operated under such grant from obtaining legal representation during any review by the expert panel under subsection (d), the administrative health care tribunal under subsection (e), or a State court under subsection (f). ``(d) Expert Panel Review and Early Offer Guidelines.-- ``(1) In general.--Prior to the submission of any dispute concerning injuries allegedly caused by health care providers to an administrative health care tribunal under this section, such allegations shall first be reviewed by an expert panel. ``(2) Composition.-- ``(A) In general.--The members of each expert panel under this subsection shall be appointed by the head of the State agency responsible for health. Each expert panel shall be composed of no fewer than 3 members and not more than 7 members. At least one-half of such members shall be medical experts (either physicians or health care professionals). ``(B) Licensure and expertise.--Each physician or health care professional appointed to an expert panel under subparagraph (A) shall-- ``(i) be appropriately credentialed or licensed in 1 or more States to deliver health care services; and ``(ii) typically treat the condition, make the diagnosis, or provide the type of treatment that is under review. ``(C) Independence.-- ``(i) In general.--Subject to clause (ii), each individual appointed to an expert panel under this paragraph shall-- ``(I) not have a material familial, financial, or professional relationship with a party involved in the dispute reviewed by the panel; and ``(II) not otherwise have a conflict of interest with such a party. ``(ii) Exception.--Nothing in clause (i) shall be construed to prohibit an individual who has staff privileges at an institution where the treatment involved in the dispute was provided from serving as a member of an expert panel merely on the basis of such affiliation, if the affiliation is disclosed to the parties and neither party objects. ``(D) Practicing health care professional in same field.-- ``(i) In general.--In a dispute before an expert panel that involves treatment, or the provision of items or services-- ``(I) by a physician, the medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as a physician who typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or ``(II) by a health care professional other than a physician, at least two medical experts on the expert panel shall be practicing physicians (allopathic or osteopathic) of the same or similar specialty as the health care professional who typically treats the condition, makes the diagnosis, or provides the type of treatment under review, and, if determined appropriate by the State agency, an additional medical expert shall be a practicing health care professional (other than such a physician) of such a same or similar specialty. ``(ii) Practicing defined.--In this paragraph, the term `practicing' means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days a week. ``(E) Pediatric expertise.--In the case of dispute relating to a child, at least 1 medical expert on the expert panel shall have expertise described in subparagraph (D)(i) in pediatrics. ``(3) Determination.--After a review under paragraph (1), an expert panel shall make a determination as to the liability of the parties involved and compensation. ``(4) Acceptance.--If the parties to a dispute before an expert panel under this subsection accept the determination of the expert panel concerning liability and compensation, such compensation shall be paid to the claimant and the claimant shall agree to forgo any further action against the health care providers involved. ``(5) Failure to accept.--If any party decides not to accept the expert panel's determination, the matter shall be referred to an administrative health care tribunal created pursuant to this section. ``(e) Administrative Health Care Tribunals.-- ``(1) In general.--Upon the failure of any party to accept the determination of an expert panel under subsection (d), the parties shall have the right to request a hearing concerning the liability or compensation involved by an administrative health care tribunal established by the State involved. ``(2) Requirements.--In establishing an administrative health care tribunal under this section, a State shall-- ``(A) ensure that such tribunals are presided over by special judges with health care expertise; ``(B) provide authority to such judges to make binding rulings, rendered in written decisions, on standards of care, causation, compensation, and related issues with reliance on independent expert witnesses commissioned by the tribunal; ``(C) establish gross negligence as the legal standard for the tribunal; ``(D) allow the admission into evidence of the recommendation made by the expert panel under subsection (d); and ``(E) provide for an appeals process to allow for review of decisions by State courts. ``(f) Review by State Court After Exhaustion of Administrative Remedies.-- ``(1) Right to file.--If any party to a dispute before a health care tribunal under subsection (e) is not satisfied with the determinations of the tribunal, the party shall have the right to file their claim in a State court of competent jurisdiction. ``(2) Forfeit of awards.--Any party filing an action in a State court in accordance with paragraph (1) shall forfeit any compensation award made under subsection (e). ``(3) Admissibility.--The determinations of the expert panel and the administrative health care tribunal pursuant to subsections (d) and (e) with respect to a State court proceeding under paragraph (1) shall be admissible into evidence in any such State court proceeding. ``(g) Definition.--In this section, the term `health care provider' has the meaning given such term for purposes of part A of title VII. ``(h) Authorization of Appropriations.--There are authorized to be appropriated for any fiscal year such sums as may be necessary for purposes of making grants to States under this section.''. SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY. It is the sense of Congress that a health insurance issuer should be liable for damages for harm caused when it makes a decision as to what care is medically necessary and appropriate.

Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization. Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines. Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline. Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate. Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers. Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.

To establish Medicare performance-based quality measures, to establish an affirmative defense in medical malpractice actions based on compliance with best practices guidelines, and to provide grants to States for administrative health care tribunals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Non-Discrimination Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Since passage of the Telecommunications Act of 1996, the Internet has grown robustly. Today, Americans are changing how they access the Internet, moving from dial-up to broadband for their home connections. According to the Pew Internet and American Life Project, 72 percent of Americans use the Internet and 59 percent of Americans with home Internet have a high- speed Internet connection. (2) Americans use the Internet for many daily activities. Over 17 percent of Americans have sold something over the Internet. Everyday, approximately 60,000,000 Americans use search engines to get access to information. 80 percent of Americans have looked online for health care information. In growing numbers, Americans are using the Internet to place phone calls, watch their favorite televisions shows or movies, and play games. (3) The growth of the Internet and its success are due in large part to the freedom that has always existed on the content and applications layer of the Internet. Innovation has thrived on this layer, as anyone with a good idea has the ability to access consumers. The continuation of this freedom is essential for future innovation. (4) Freedom on the content and applications layer has also led to robust competition for retail goods for consumers. Consumers can shop at thousands upon thousands of retailers from their home computers, including small businesses located miles away in other towns, States, and even countries. (5) Such freedom is leading to the development of important new entertainment offerings, on-demand video and movie purchases, Internet Protocol television, and enhanced gaming options. The entertainment options available in the future will only be limited by the bandwidth that can be used and the innovation of people all over the world. (6) Despite the growth of the Internet and increased access to the Internet for Americans, there is very little choice in who provides them high-speed Internet access. According to an April 2005 White Paper by Harold Feld and Gregory Rose, et. al., entitled, ``Connecting the Public: The Truth About Municipal Broadband'' only 2 percent of Americans get high- speed Internet access from someone other than their local phone company or cable provider. According to the Federal Communications Commission, approximately 20 percent of Americans do not have a high-speed Internet access provider that offers them service. (7) As more and more Americans get high-speed access to the Internet without having much choice of who their provider will be, it is important that Congress protect the freedom on the Internet to ensure its continued success. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Application or service.--The term ``application or service'' means any information or service-- (A) by which an end-user through software or a device engages in an exchange of data or information; and (B) conveyed over communications. (2) Bits.--The term ``bits'' or ``binary digits'' means the smallest unit of information in which form data is transported on the Internet as a single digit number in base-2. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Communications.--The term ``communications''-- (A) means any voice, video, or data application or service, regardless of the facilities or technology used, that-- (i) is a transmission to subscribers by use of-- (I) the public rights-of-way; (II) spectrum; (III) numbering or addressing resources; or (IV) other inputs licensed or managed by a unit of local government, or a private entity working in concert with such unit of local government, for the benefit of the public; (ii) is offered to the public, or as to such classes of subscribers as to be effectively available directly to the public, with or without a fee; and (iii) enables an end user, as part of such service, to transmit content of their own design or choosing between or among points specified by such user; (B) includes interactive on-demand services, as such term is defined in section 602(12) of the Communications Act of 1934 (47 U.S.C. 522(12)); and (C) does not include cable service, as such term is defined in section 602(6) of the Communications Act of 1934 (47 U.S.C. 522(6)). (5) Content.--The term ``content'' means information-- (A) in the form of writing, signs, signals, pictures, and sounds of all kinds, including stored information requested by an end user; and (B) that is generated based on the input or request of such user. (6) Person.--The term ``person'' means any natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. (7) Network operator.-- (A) In general.--The term ``network operator'' means any person who owns, operates, controls, or resells and controls any facility that provides communications directly to a subscriber. (B) Obligations.--Any obligation imposed on a network operator by the provisions of this Act shall apply only to the extent that such network operator is engaged in providing communications. (8) Subscriber.--The term ``subscriber'' means any person who-- (A) is an end user of an application or service provided through communications; and (B) consumes or provides goods provided through such application or service. (9) Transmission component.--The term ``transmission component'' means the portion of communications which enables an end user to transmit content of their own design and choosing between or among points specified by such user. SEC. 4. OBLIGATIONS OF NETWORK OPERATORS. (a) In General.--A network operator shall-- (1) not interfere with, block, degrade, alter, modify, impair, or change any bits, content, application or service transmitted over the network of such operator; (2) not discriminate in favor of itself or any other person, including any affiliate or company with which such operator has a business relationship in-- (A) allocating bandwidth; and (B) transmitting content or applications or services to or from a subscriber in the provision of a communications; (3) not assess a charge to any application or service provider not on the network of such operator for the delivery of traffic to any subscriber to the network of such operator; (4) offer communications such that a subscriber can access, and a content provider can offer, unaffiliated content or applications or services in the same manner that content of the network operator is accessed and offered, without interference or surcharges; (5) allow the attachment of any device, if such device is in compliance with part 68 of title 47, Code of Federal Regulations, without restricting any application or service that may be offered or provided using such a device; (6) treat all data traveling over or on communications in a non-discriminatory way; (7) offer just, reasonable, and non-discriminatory rates, terms, and conditions on the offering or provision of any service by another person using the transmission component of communications; (8) provide non-discriminatory access and service to each subscriber; and (9) post and make available for public inspection, in electronic form and in a manner that is transparent and easily understandable, all rates, terms, and conditions for the provision of any communications. (b) Preserved Authority of Network Operators.--Notwithstanding the requirements described in subsection (a), a network operator-- (1) may-- (A) take reasonable and non-discriminatory measures to protect subscribers from adware, spyware, malware, viruses, spam, pornography, content deemed inappropriate for minors, or any other similarly nefarious application or service that harms the Internet experience of subscribers, if such subscribers-- (i) are informed of the application or service; and (ii) are given the opportunity to refuse or disable any such preventative application or service; (B) support an application or service intended to prevent adware, spyware, malware, viruses, spam, pornography, content deemed inappropriate for minors, or any other similarly nefarious application or service that harms the Internet experience of subscribers, if such subscribers-- (i) are informed of the application or service; and (ii) are given the opportunity to refuse or disable any such preventative application or service; and (C) take reasonable and non-discriminatory measures to protect the security of the network of such operator, if such operator faces serious and irreparable harm; and (2) shall-- (A) give priority to an emergency communication; (B) comply with any court-ordered law enforcement directive; and (C) prevent any activity that is unlawful or illegal under any Federal, State, or local law. SEC. 5. COMPLAINTS REGARDING VIOLATIONS. (a) Complaint.--Any aggrieved party may submit a written complaint to the Commission seeking a ruling that a network operator has violated a requirement described in section 4(a). (b) Content of Complaint.--In any complaint submitted under subsection (a) an aggrieved party shall make a prima facie case that-- (1) a network operator violated a requirement of section 4(a); (2) such violation was not a preserved authority described in subparagraph (A) or (B) of section 4(b)(1); and (3) such violation is harmful to such party. (c) 7-Day Acceptance Period.--Not later than 7 days after the date of the submission of a complaint under subsection (a), the Commission shall issue a decision regarding its acceptance or denial of the prima facie case made by an aggrieved party. (d) Cease and Desist.-- (1) In general.--If the Commission accepts the prima facie case of an aggrieved party under subsection (c), a network operator shall be required to cease and desist the action that is the underlying basis of the complaint for the duration of the proceeding on such complaint, until such time as the Commission may rule that a violation of a requirement of section 4(a) has not occurred. (2) Authority to extend cease and desist order.--The Commission shall have the authority to extend any cease and desist order to any similarly situated person as the Commission determines necessary and appropriate. (e) Burden of Proof.--If the Commission accepts the prima facie case of an aggrieved party under subsection (c), a network operator shall bear the burden of proving that-- (1) no violation of section 4(a) occurred; or (2) such violation was a preserved authority described in section 4(b). (f) Final Decision.-- (1) 90-day period.--Not later than 90 days after the date of the submission of a complaint under subsection (a), the Commission shall issue a final decision regarding the request for a ruling contained in such complaint. (2) Failure to issue decision.--If the Commission fails to issue a decision at the expiration of the 90-day period described in paragraph (1), a violation of a requirement of section 4(a) shall be deemed to have occurred. (g) Rules of Construction.-- (1) Delegation.-- (A) In general.--Nothing in this section shall be construed-- (i) to prevent the Commission from delegating any authority granted to it under this section to a relevant office or bureau pursuant to the authority granted the Commission under section 5(c) of the Communications Act of 1934 (47 U.S.C. 155(c)); or (ii) to limit the Commission from adopting any appropriate procedures pursuant to any other provision of law. (B) Limitation.--The rule established under subparagraph (A) shall only apply if at the expiration of the 90-day period described in subsection (f)(1)-- (i) the Commission issues a final decision that is ripe for judicial review; or (ii) a violation of a requirement of section 4(a) shall be deemed to have occurred under subsection (f)(2). (2) Petition for reconsideration.-- (A) In general.--Nothing in this section shall be construed to affect the ability of any eligible party to file a petition for reconsideration under section 405 of the Communications Act of 1934 (47 U.S.C. 405). (B) Timing.-- (i) 90-day period.--Not later than 90 days after the date of the submission of a petition for reconsideration under section 405 of the Communications Act of 1934 (47 U.S.C. 405), the Commission shall issue an order granting or denying such petition. (ii) Failure to issue an order.--If the Commission fails to issue a decision at the expiration of the 90-day period described in clause (i), the previous decision of the Commission shall be considered affirmed and final for purposes of judicial review. (3) Judicial review.--Notwithstanding section 402(b) of the Communications Act of 1934 (47 U.S.C. 402(b)) and any other provision of law, any appeal of a decision of the Commission under this section shall be made to United States district court for the district in which the principle place of business of the aggrieved party is located. (4) Intervention by third parties.--Nothing in this section shall be construed to prevent any interested person from intervening in any appeal of a decision of the Commission in accordance with section 402(e) of the Communications Act of 1934 (47 U.S.C. 402(e)). SEC. 6. PENALTIES. (a) In General.--If the Commission issues a ruling under section 5 that a network operator is in violation of a requirement of section 4(a), such network operator shall be subject to the penalties prescribed under section 501 of the Communications Act of 1934 (47 U.S.C. 501). (b) Separate Violations.--Each violation of a requirement of section 4(a) shall be treated as a separate incident for purposes of imposing penalties under subsection (a).

Internet Non-Discrimination Act of 2006 - Prohibits a network operator (an entity that owns, controls, or resells any facility that provides communications services to subscribers) from, among other things: (1) interfering with any bits, content, application, or service transmitted over the operator's network; (2) discriminating in allocating bandwidth and transmitting content, applications, or services to or from a subscriber; or (3) assessing a charge to any application or service provider not on the operator's network for the delivery of traffic to any subscriber to the operator's network. Preserves authority of network operators to: (1) protect subscribers from adware, viruses, spam, content deemed inappropriate for minors, and other applications or service that harms the Internet experience of subscribers; and (2) support an application or service intended to prevent such adware, viruses, content, etc. Allows an aggrieved party to file a complaint with the Federal Communications Commission (FCC) with respect to alleged network operator violations of such requirements. Provides deadlines with respect to complaint consideration and rulings. Provides violator penalties.

A bill to ensure and promote a free and open Internet for all Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2008''. SEC. 2. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop a multipurpose cadastre of Federal real property to assist with Federal land management, resource conservation, environmental protection, and use of real property. (b) Cost Sharing.--The Secretary may enter into cost sharing agreements with States to include any non-Federal lands in a State in the cadastre. The Federal share of any such cost agreement shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal lands in the State. (c) Consolidation and Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on-- (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior, the statutory authorization for such, and the amount expended by the Federal Government for each such activity in fiscal year 2007; (2) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior that will be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the existing real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act, together with a justification for not terminating or consolidating such in the multipurpose cadastre authorized by this Act; (4) the use of existing real property inventories or any components of any cadastre currently conducted by any unit of State or local government that can be used to identify Federal real property within such unit of government; (5) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will become part of the multipurpose cadastre authorized by this Act; and (6) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior. (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) participate, pursuant to section 216 of Public Law 107-347, in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial information pertaining to the cadastre for all users of such information; (B) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 for the implementation of and compliance with such standards as may be applicable to the cadastre; (C) make the cadastre interoperable with the Federal Real Property Profile established pursuant to Executive Order 13327; (D) integrate with and leverage to the maximum extent practicable current cadastre activities of units of State and local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Contracts entered into under paragraph (1)(C) shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded in accordance with the selection procedures in title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.). SEC. 3. DEFINITIONS. As used in this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Cadastre.--The term ``cadastre'' means an inventory of real property of the Federal Government developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature including the following data layers: (A) A reference frame consisting of a geodetic network. (B) A series of current, accurate large scale maps. (C) A cadastral boundary overlay delineating all cadastral parcels. (D) A system for indexing and identifying each cadastral parcel. (E) A series of land data files, each including the parcel identifier, which can be used to retrieve information and cross reference between and among other data files, which contains information about the use, value, assets and infrastructure of each parcel, and shall also designate any parcels that the Secretary determines can be better managed through ownership by a non-Federal entity including but not limited to State government, local government, tribal government, nonprofit organizations, or the private sector. (3) Real property.--The term ``real property'' means real estate consisting of land, buildings, crops, forests, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it, including any interest, benefit, right, or privilege in such property.

Federal Land Asset Inventory Reform Act of 2008 - Directs the Secretary of the Interior to develop a multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management, resource conservation, environmental protection, and use of real property. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal lands in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the non-federal lands in the state. Requires the Secretary to submit a report on: (1) existing real property inventories or any components of any cadastre; (2) consolidation of inventories and components; (3) the use of existing inventories and components of any cadastre; (4) the cost savings that will be achieved; and (5) recommendations for legislation.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving America's Downtowns and Heritage Act of 2012''. SEC. 2. INCREASED REHABILITATION CREDIT FOR COMMERCIAL BUILDINGS. (a) Buildings Other Than Certified Historic Structures.--Paragraph (1) of section 47(a) of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by striking ``10 percent'' and inserting ``12.5 percent''. (b) Certified Historic Structures.--Paragraph (2) of such section is amended by striking ``20 percent'' and inserting ``25 percent''. (c) Effective Date.--The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act. SEC. 3. REHABILITATION CREDIT FOR HISTORIC PRINCIPAL RESIDENCES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. REHABILITATION OF HISTORIC PRINCIPAL RESIDENCES. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the qualified rehabilitation expenditures made by the taxpayer with respect to a qualified historic home. ``(b) Qualified Rehabilitation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified rehabilitation expenditure' means any amount properly chargeable to capital account-- ``(A) in connection with the certified rehabilitation of a qualified historic home, and ``(B) for property for which depreciation would be allowable under section 168 if the qualified historic home were used in a trade or business. ``(2) Certain expenditures not included.--Rules similar to the rules of clauses (ii) and (iii) of section 47(c)(2)(B) shall apply. ``(3) Mixed use or multifamily building.--If only a portion of a building is used as the principal residence of the taxpayer, only qualified rehabilitation expenditures which are properly allocable to such portion shall be taken into account under this section. ``(c) Certified Rehabilitation.--For purposes of this section-- ``(1) In general.--The term `certified rehabilitation' has the meaning given such term by section 47(c)(2)(C). ``(2) Approved state program.--The term `certified rehabilitation' includes a certification made by-- ``(A) a State Historic Preservation Officer who administers a State Historic Preservation Program approved by the Secretary of the Interior pursuant to section 101(b)(1) of the National Historic Preservation Act, or ``(B) a local government, certified pursuant to section 101(c)(1) of the National Historic Preservation Act and authorized by a State Historic Preservation Officer, or the Secretary of the Interior where there is no approved State program, subject to such terms and conditions as may be specified by the Secretary of the Interior for the rehabilitation of buildings within the jurisdiction of such officer (or local government) for purposes of this section. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified historic home.--The term `qualified historic home' means a certified historic structure-- ``(A) which has been substantially rehabilitated, and ``(B) which (or any portion of which)-- ``(i) is owned by the taxpayer, and ``(ii) is used (or will, within a reasonable period, be used) by such taxpayer as his principal residence. ``(2) Substantially rehabilitated.--The term `substantially rehabilitated' has the meaning given such term by section 47(c)(1)(C). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(4) Certified historic structure.-- ``(A) In general.--The term `certified historic structure' means any building (and its structural components) which-- ``(i) is listed in the National Register, or ``(ii) is located in a registered historic district (as defined in section 47(c)(3)(B)) and is certified by the Secretary of the Interior as being of historic significance to the district. ``(5) Rehabilitation not complete before certification.--A rehabilitation shall not be treated as complete before the date of the certification referred to in subsection (c). ``(6) Tenant-stockholder in cooperative housing corporation.--If the taxpayer holds stock as a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such stockholder shall be treated as owning the house or apartment which the taxpayer is entitled to occupy as such stockholder. ``(e) Limitation Based on Amount of Tax.-- ``(1) In general.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A (other than this section and section 25D) and section 27 for the taxable year. ``(2) Carryforward of unused credit.-- ``(A) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the applicable tax limit for such taxable year, such excess shall be a carryforward to each of the 5 succeeding taxable years and, subject to the limitations of subparagraph (B), shall be added to the credit allowable by subsection (a) for such succeeding taxable year. ``(B) Amount carried to each year.--Rules similar to the rules of section 39(a)(2) shall apply for purposes of this paragraph. ``(C) Limitation.--The amount of the unused credit which may be taken into account under subparagraph (A) for any taxable year shall not exceed the amount (if any) by which the applicable tax limit for such taxable year exceeds the sum of-- ``(i) the credit allowable under subsection (a) for such taxable year determined without regard to this paragraph, and ``(ii) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused credit year. ``(3) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means-- ``(A) in the case of a taxable year to which section 26(a)(2) applies, the limitation imposed by section 26(a)(2) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 25D), and ``(B) in the case of a taxable year to which section 26(a)(2) does not apply, the limitation imposed by section 26(a)(1) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 24, 25A(i), 25B, 25D, 30, 30B, 30D). ``(f) When Expenditures Taken Into Account.--Qualified rehabilitation expenditures shall be treated for purposes of this section as made-- ``(1) on the date the rehabilitation is completed, or ``(2) to the extent provided by the Secretary by regulation, when such expenditures are properly chargeable to capital account. Regulations under paragraph (2) shall include a rule similar to the rule under section 50(a)(2) (relating to recapture if property ceases to qualify for progress expenditures). ``(g) Recapture.-- ``(1) In general.--If, before the end of the 5-year period beginning on the date on which the rehabilitation of the building is completed-- ``(A) the taxpayer disposes of such taxpayer's interest in such building, or ``(B) such building ceases to be used as the principal residence of the taxpayer or ceases to be a certified historic structure, the taxpayer's tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage of the credit allowed under this section for all prior taxable years with respect to such rehabilitation. ``(2) Recapture percentage.--For purposes of paragraph (1), the recapture percentage shall be determined in accordance with the table under section 50(a)(1)(B), deeming such table to be amended-- ``(A) by striking `If the property ceases to be investment credit property within--' and inserting `If the disposition or cessation occurs within--', and ``(B) in clause (i) by striking `One full year after placed in service' and inserting `One full year after the taxpayer becomes entitled to the credit'. ``(3) Transfer between spouses or incident to divorce.--In the case of any transfer described in subsection (a) of section 1041 (relating to transfers between spouses or incident to divorce)-- ``(A) the foregoing provisions of this subsection shall not apply, and ``(B) the same tax treatment under this subsection with respect to the transferred property shall apply to the transferee as would have applied to the transferor. ``(h) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(i) Processing Fees.--Any State may impose a fee for the processing of applications for the certification of any rehabilitation under this section provided that the amount of such fee is used only to defray expenses associated with the processing of such applications. ``(j) Denial of Double Benefit.--No credit shall be allowed under this section for any amount for which credit is allowed under section 47. ``(k) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations where less than all of a building is used as a principal residence and where more than 1 taxpayer use the same dwelling unit as their principal residence.''. (b) Conforming Amendments.-- (1) Sections 24(b)(3)(C), 25(e)(1)(C), 25B(g)(2), 26(a)(1), 30B(g)(2)(B)(ii), and 1400C(d)(2) of such Code are each amended by inserting ``25E,'' after ``25D,''. (2) Sections 25A(i)(5)(A) and 30(c)(2)(B) of such Code are each amended by inserting ``, 25E,'' after ``25D''. (3) Sections 30D(c)(2)(B)(ii) and 1400C(d)(1) of such Code are each amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (4) Paragraph (1) of section 1400C(d) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (5) Subsection (a) of section 1016 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 item: ``(38) to the extent provided in section 25E(h).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Rehabilitation of historic principal residences.''. (d) Effective Date.--The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act.

Preserving America's Downtowns and Heritage Act of 2012 - Amends the Internal Revenue Code to: (1) increase the rate of the rehabilitation tax credit for commercial buildings and for certified historic structures, and (2) allow a new 20% rehabilitation tax credit for certified historic buildings used by a taxpayer as a principal residence.

To amend the Internal Revenue Code of 1986 to increase the rehabilitation credit for commercial buildings and to provide a rehabilitation credit for principal residences.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fusion Center Enhancement Act of 2015''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP INITIATIVE. (a) In General.--Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended-- (1) by amending the section heading to read as follows: ``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP INITIATIVE.''; (2) in subsection (a), by adding at the end the following new sentence: ``Beginning on the date of the enactment of the Fusion Center Enhancement Act of 2015, such Initiative shall be known as the `Department of Homeland Security Fusion Center Partnership Initiative'.''; (3) by amending subsection (b) to read as follows: ``(b) Interagency Support and Coordination.--Through the Department of Homeland Security Fusion Center Partnership Initiative, in coordination with principal officials of fusion centers in the National Network of Fusion Centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall-- ``(1) coordinate with the heads of other Federal departments and agencies to provide operational and intelligence advice and assistance to the National Network of Fusion Centers; ``(2) support the integration of fusion centers into the information sharing environment; ``(3) support the maturation and sustainment of the National Network of Fusion Centers; ``(4) reduce inefficiencies and maximize the effectiveness of Federal resource support to the National Network of Fusion Centers; ``(5) provide analytic and reporting advice and assistance to the National Network of Fusion Centers; ``(6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by the National Network of Fusion Centers and incorporate such information, as appropriate, into the Department's own such information; ``(7) provide for the effective dissemination of information within the scope of the information sharing environment to the National Network of Fusion Centers; ``(8) facilitate close communication and coordination between the National Network of Fusion Centers and the Department and other Federal departments and agencies; ``(9) provide the National Network of Fusion Centers with expertise on Department resources and operations; ``(10) coordinate the provision of training and technical assistance to the National Network of Fusion Centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; ``(11) ensure, to the greatest extent practicable, that support for the National Network of Fusion Centers is included as a national priority in applicable homeland security grant guidance; ``(12) ensure that each fusion center in the National Network of Fusion Centers has a privacy policy approved by the Chief Privacy Officer of the Department and a civil rights and civil liberties policy approved by the Officer for Civil Rights and Civil Liberties of the Department; ``(13) coordinate the nationwide suspicious activity report initiative to ensure information gathered by the National Network of Fusion Centers is incorporated as appropriate; ``(14) lead Department efforts to ensure fusion centers in the National Network of Fusion Centers are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with State and local entities to the greatest extent practicable; ``(15) develop and disseminate best practices on the appropriate levels for staffing at fusion centers in the National Network of Fusion Centers of qualified representatives from State, local, tribal, and territorial law enforcement, fire, emergency medical, and emergency management services, and public health disciplines, as well as the private sector; and ``(16) carry out such other duties as the Secretary determines appropriate.''; (4) in subsection (c)-- (A) by striking so much as precedes paragraph (3)(B) and inserting the following: ``(c) Resource Allocation.-- ``(1) Information sharing and personnel assignment.-- ``(A) Information sharing.--The Under Secretary for Intelligence and Analysis shall ensure that, as appropriate-- ``(i) fusion centers in the National Network of Fusion Centers have access to homeland security information sharing systems; and ``(ii) Department personnel are deployed to support fusion centers in the National Network of Fusion Centers in a manner consistent with the Department's mission and existing statutory limits. ``(B) Personnel assignment.--Department personnel referred to in subparagraph (A)(ii) may include the following: ``(i) Intelligence officers. ``(ii) Intelligence analysts. ``(iii) Other liaisons from components and offices of the Department, as appropriate. ``(C) Memoranda of understanding.--The Under Secretary for Intelligence and Analysis shall negotiate memoranda of understanding between the Department and a State or local government, in coordination with the appropriate representatives from fusion centers in the National Network of Fusion Centers, regarding the exchange of information between the Department and such fusion centers. Such memoranda shall include the following: ``(i) The categories of information to be provided by each entity to the other entity that are parties to any such memoranda. ``(ii) The contemplated uses of the exchanged information that is the subject of any such memoranda. ``(iii) The procedures for developing joint products. ``(iv) The information sharing dispute resolution processes. ``(v) Any protections necessary to ensure the exchange of information accords with applicable law and policies. ``(2) Sources of support.-- ``(A) In general.--Information shared and personnel assigned pursuant to paragraph (1) may be shared or provided, as the case may be, by the following Department components and offices, in coordination with the respective component or office head and in consultation with the principal officials of fusion centers in the National Network of Fusion Centers: ``(i) The Office of Intelligence and Analysis. ``(ii) The Office of Infrastructure Protection. ``(iii) The Transportation Security Administration. ``(iv) U.S. Customs and Border Protection. ``(v) U.S. Immigration and Customs Enforcement. ``(vi) The Coast Guard. ``(vii) Other components or offices of the Department, as determined by the Secretary. ``(B) Coordination with other federal agencies.-- The Under Secretary for Intelligence and Analysis shall coordinate with appropriate officials throughout the Federal Government to ensure the deployment to fusion centers in the National Network of Fusion Centers of representatives with relevant expertise of other Federal departments and agencies. ``(3) Resource allocation criteria.-- ``(A) In general.--The Secretary shall make available criteria for sharing information and deploying personnel to support a fusion center in the National Network of Fusion Centers in a manner consistent with the Department's mission and existing statutory limits.''; and (B) in paragraph (4)(B), in the matter preceding clause (i), by inserting ``in which such fusion center is located'' after ``region''; (5) in subsection (d)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4)-- (i) by striking ``government'' and inserting ``governments''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) utilize Department information, including information held by components and offices, to develop analysis focused on the mission of the Department under section 101(b).''; (6) in subsection (e)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--To the greatest extent practicable, the Secretary shall make it a priority to allocate resources, including deployed personnel, under this section from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to support fusion centers in the National Network of Fusion Centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, tribal, and territorial law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``participating State, local, and regional''; (7) in subsection (j)-- (A) in paragraph (4), by striking ``and'' at the end; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: ``(5) the term `National Network of Fusion Centers' means a decentralized arrangement of fusion centers intended to enhance individual State and urban area fusion centers' ability to leverage the capabilities and expertise of all fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally; and''; and (8) by striking subsection (k). (b) Accountability Report.--Not later than 1 year after the date of the enactment of this Act and annually thereafter through 2022, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall report to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate on the efforts of the Office of Intelligence and Analysis of the Department and other relevant components and offices of the Department to enhance support provided to fusion centers in the National Network of Fusion Centers, including meeting the requirements specified in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by subsection (a) of this section. (c) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 210A and inserting the following new item: ``Sec. 210A. Department of Homeland Security Fusion Centers Initiative.''. (d) Reference.--Any reference in any law, rule, or regulation to the ``Department of Homeland Security State, Local, and Regional Fusion Center Initiative'' shall be deemed to be a reference to the ``Department of Homeland Security Fusion Center Initiative''. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.

Fusion Center Enhancement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to revise provisions concerning the Department of Homeland Security (DHS) State, Local, and Regional Fusion Center Initiative. The bill renames it as the Department of Homeland Security Fusion Center Partnership Initiative and changes references to "participating state, local, or regional fusion centers" to references to the "National Network of Fusion Centers," which is defined as a decentralized arrangement of fusion centers intended to enhance individual state and urban area fusion centers' ability to leverage the capabilities and expertise of all fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) The duties of the Secretary of Homeland Security with respect to the Initiative are revised to include: supporting the maturation and sustainment of the Network, reducing inefficiencies and maximizing the effectiveness of federal resource support to the Network, ensuring that support for the Network is included as a national priority in applicable homeland security grant guidance, ensuring that each fusion center in the Network has a privacy policy and a civil rights and civil liberties policy approved by DHS, coordinating the nationwide suspicious activity report initiative to ensure that information gathered by the Network is incorporated, ensuring that fusion centers in the Network are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with state and local entities, and disseminating best practices on the appropriate levels for staffing at Network fusion centers of qualified representatives from state, local, tribal, and territorial law enforcement and emergency services, public health disciplines, and the private sector. The Under Secretary for Intelligence and Analysis must ensure that fusion centers in the Network have access to homeland security information sharing systems and that DHS personnel are deployed to support fusion centers in the Network in a manner consistent with DHS's mission and existing statutory limits. The Under Secretary shall negotiate memoranda of understanding between DHS and a state or local government regarding the exchange of information between DHS and Network fusion centers. Such memoranda shall include: the categories of information to be provided by the parties to such memoranda, the contemplated uses of the exchanged information, the procedures for developing joint products, the information sharing dispute resolution processes, and any protections necessary to ensure the exchange of information accords with applicable law and policies. The Under Secretary shall: (1) coordinate with appropriate federal officials to ensure the deployment to Network fusion centers of representatives of other federal agencies with relevant expertise; and (2) report to specified congressional committees annually through 2022 on the efforts of DHS components to enhance support provided to Network fusion centers.

Fusion Center Enhancement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Bald Eagle Recovery and National Emblem Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The bald eagle was designated as the national emblem of the United States on June 20, 1782, by our country's Founding Fathers at the Second Continental Congress. (2) The bald eagle is the greatest visible symbol of the spirit of freedom and democracy in the world. (3) The bald eagle species is unique to North America and represents the American values and attributes of freedom, courage, strength, spirit, loyalty, justice, equality, democracy, quality, and excellence. (4) The bald eagle is the central image used in the Great Seal of the United States and the seal of many branches and departments of the United States Government, including the President and the Vice President of the United States, the United States Congress, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal Service. (5) The bald eagle's image and symbolism have played a profound role in establishing and honoring American beliefs and traditions. (6) The bald eagle's image and symbolism have influenced American art, music, history, literature, commerce, and culture since the founding of our Nation. (7) The bald eagle species was once threatened with possible extinction in the lower 48 States, but is now making a gradual, encouraging recovery within America's lands, waterways, and skies. (8) The bald eagle was federally classified as an ``endangered'' species in 1973 under the Endangered Species Act of 1973, and, in 1995, was removed from the ``endangered'' species list and upgraded to the less imperiled ``threatened'' status under such Act. (9) The administration is likely to officially delist the bald eagle from both the ``endangered'' and ``threatened'' species lists under the Endangered Species Act of 1973 by no later than 2008. (10) The initial recovery of the bald eagle population in the United States was accomplished by the vigilant efforts of numerous caring agencies, corporations, organizations, and citizens. (11) The continued caring and concern of the American people and the further restoration and protection of the bald eagle and its habitat are necessary to guarantee the full recovery and survival of this precious national treasure for future generations. (12) Since the Endangered Species Act of 1973 requires that delisted species be administratively monitored for a 5-year period, the bald eagle nests in 49 States will require continual monitoring after the bald eagle is removed from the protection of such Act; and such efforts will require substantial funding to the Federal and State agencies and private organizations that will conduct such monitoring. (13) Due to Federal and State budget cutting and balancing trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished annually. (14) In anticipation of the nationwide observance of the official removal, by 2008, of the bald eagle from the ``threatened'' species list under the Endangered Species Act of 1973, and the 35th anniversary, in 2008, of the Endangered Species Act of 1973 and the designation of the bald eagle as an ``endangered'' species under such Act, Congress wishes to offer the opportunity for all persons to voluntarily participate in raising funds for future bald eagle recovery, monitoring, and preservation efforts and to contribute to a special American Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of Tennessee in the United States, in cooperation with fund management experts. (15) It is appropriate for Congress to authorize coins-- (A) celebrating the recovery and restoration of the bald eagle, the living symbol of freedom in the United States, to America's lands, waterways, and skies; (B) commemorating the removal of the bald eagle from the ``endangered'' and ``threatened'' species lists under the Endangered Species Act of 1973; and (C) commemorating the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the designation of the bald eagle as an ``endangered'' species under such Act. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In celebration of the recovery of the bald eagle, the national living symbol of freedom, to America's lands, waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the placement of the bald eagle on the endangered species list under such Act, 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 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. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of 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 bald eagle and its history, natural biology, and national symbolism. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', 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 Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 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. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States for use solely for the following purposes: (1) To establish an interest-bearing endowment called the ``American Eagle Fund'' as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States, including the following: (A) Public education activities and events. (B) Habitat purchases and cooperative land agreements. (C) Raptor rehabilitation and captive breeding and hacking. (D) Behavior and migration research and wintering migration counts. (E) Facilitate the enforcement of laws protecting the bald eagle. (F) Nest-watch monitoring and eaglet banding. (G) Public viewing areas and visitor centers. (2) To make annual grants, in an amount not to exceed 10 percent of the annual income of the American Eagle Fund, to Federal, State, and private eagle restoration, protection, and enhancement projects within the 5 bald eagle recovery regions established by the United States Fish and Wildlife Service, in accordance with recommendations made by an advisory committee of recognized eagle experts which the Foundation shall establish. (3) To administer the American Eagle Fund, including contracting for necessary services, in an annual amount not to exceed the lesser of-- (A) 10 percent of the annual income of the American Eagle Fund; or (B) $250,000. (4) To provide financial support for capital projects related to the restoration and protection of bald eagles in Tennessee and in the United States, in general. (5) To provide financial support for the continuation and expansion of the efforts of the American Eagle Foundation of Tennessee in the United States to educate the American people nationally about the livelihood, symbolism, and protection of the bald eagle, the national symbol of the United States, through the dissemination of information regarding bald eagles and their habitat at special events and through the media (including newspapers, magazines, radio, television, the Internet, and billboards). (c) Audits.--The American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b).

American Bald Eagle Recovery and National Emblem Commemorative Coin Act - Directs the Secretary of the Treasury, in celebration of the recovery of the bald eagle, in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973, and the placement of the bald eagle on the endangered species list under such Act, to mint and issue not more than: (1) 100,000 $5 gold coins; (2) 500,000 $1 silver coins; and (3) 750,000 half dollar coins. Directs that the design of the coins be emblematic of the bald eagle and its history, natural biology, and national symbolism. Requires that sales of the coins include a surcharge of $35 per coin for the $5 coin, $10 for the $1 coin, and $3 for the half dollar coin, which shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee to: (1) establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States; (2) make annual grants to Federal, State, and private eagle restoration, protection, and enhancement projects; (3) administer the Fund in an annual amount not to exceed the lesser of ten percent of the annual income of the Fund or $250,000; and (4) provide financial support for capital projects and for continuation and expansion of the Foundation's efforts to educate the American people about the bald eagle.

A bill to require the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle, the national symbol of the United States, to America's lands, waterways, and skies and the great importance of the designation of the American bald eagle as an endangered species under the Endangered Species Act of 1973, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenneth Starr Corrections Act of 1999''. SEC. 2. TESTIMONIAL PRIVILEGES IN FEDERAL, CIVIL AND CRIMINAL PROCEEDINGS. Rule 501 of the Federal Rules of Evidence (28 U.S.C. App.) is amended-- (1) in the 1st sentence by inserting ``(a)'' before ``Except'', (2) in the 2d sentence by striking ``However, in'' and inserting the following: ``(d) Notwithstanding any other provision of this section, in'', and (3) by inserting after the first sentence the following: ``(b)(1) A witness may not be compelled to testify against a child or parent of the witness. ``(2) A witness may not be compelled to disclose the content of a confidential communication with a child or parent of the witness. ``(3) For purposes of this subdivision, `child' means, with respect to an individual, a birth, adoptive, or step-child of the individual, and any person (such as a foster child or a relative of whom the individual has long-term custody) with respect to whom the court recognizes the individual as having a right to act as a parent. ``(4) The privileges provided in this subdivision shall be governed by principles of the common law, as they may be interpreted by the courts of the United States in the light of reason and experience, that are similar to the principles that apply to the similar privileges of a witness with respect to a spouse of the witness. ``(c) A member of the United States Secret Service may not be compelled to testify with respect to any conversation of the President heard by such member while such member is on duty.''. SEC. 3. RESTRICTIONS ON PROSECUTORIAL CONDUCT. (a) Amendment.--Part II of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 237--RESTRICTIONS ``Sec. ``3761. Restrictions on prosecutorial conduct. ``Sec. 3761. Restrictions on prosecutorial conduct ``(a) Perjury Prosecutions Based on Grand Jury Testimony.--A criminal proceeding for perjury or false statement may not be brought against a witness based on a statement made by the witness to the grand jury if-- ``(1) such statement is made in response to a question that-- ``(A) is asked by the prosecutor or a member of the grand jury; and ``(B) arises from or has any basis in physical nontestimonial evidence available, and then known, to the prosecutor; and ``(2) the prosecutor fails-- ``(A) to provide such evidence to the witness before the conclusion of the testimony of the witness; or ``(B) to allow the witness, after receiving such evidence, to explain or modify any testimony given by the witness to the grand jury. ``(b) Perjury Prosecutions Based on Certain Affidavits in Civil Cases.--A criminal proceeding may not be commenced by an officer or employee of the United States against an individual for making a false statement that relates to adultery or to sexual activity that is not unlawful under Federal law, in an affidavit filed in a noncriminal proceeding. ``(c) Limitation on Power To Authorize Certain Recordings.--An officer or employee of an agency of the United States may not authorize any person to make an audio or video record of a private communication that such officer, such employee, or such person reasonably expects will relate to adultery or to sexual activity that is not unlawful under Federal law.''. (b) Conforming Amendments.--The table of chapters of part II of title 18, United States Code, is amended by inserting after the item relating to chapter 235 the following: ``237. Restrictions......................................... 3761''. SEC. 4. LIMITATIONS APPLICABLE TO PROCEEDINGS BEFORE THE GRAND JURY. Rule 6 of the Federal Rules of Criminal Procedure (18 U.S.C. App.) is amended by adding at the end the following: ``(h) Photographic Records.--A photographic record may not be made of a witness who testifies before a grand jury for the purpose of recording the testimony such witness gives before the grand jury.''. SEC. 5. IMMUNITY FOR CERTAIN GRAND JURY WITNESSES. Section 6003 of title 18, United States Code, is amended by adding at the end the following: ``(c) An individual who is a target of an investigation of a violation of a law of the United States may not be compelled to appear before a grand jury except under the terms of an order that is effective as provided in section 6002 of this title.''. SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to conduct occurring after the date of the enactment of this Act.

(Sec. 3) Prohibits the bringing of a criminal proceeding for perjury or false statement against a witness based on a statement made to the grand jury if: (1) such statement is made in response to a question that is asked by the prosecutor or a member of the grand jury and that arises from or has any basis in physical non-testimonial evidence available and then known to the prosecutor; and (2) the prosecutor fails to provide such evidence to the witness before the conclusion of that witness's testimony or to allow the witness, after receiving such evidence, to explain or modify any testimony. Prohibits: (1) a criminal proceeding from being commenced by an officer or employee of the United States against an individual for making a false statement that relates to adultery or to sexual activity that is not unlawful under Federal law in an affidavit filed in a non-criminal proceeding; and (2) an officer or employee of a U.S. agency from authorizing any person to make an audio or video record of a private communication that such officer, employee, or person reasonably expects will relate to adultery or to sexual activity that is not unlawful under Federal law. (Sec. 4) Amends rule 6 of the Federal Rules of Criminal Procedure to prohibit the making of a photographic record of a witness who testifies before a grand jury for the purpose of recording the testimony such witness gives before the grand jury. (Sec. 5) Amends the Federal criminal code to prohibit compelling an individual who is a target of an investigation of a violation of Federal law to appear before a grand jury except under the terms of an order that is effective as provided in the code.

Kenneth Starr Corrections Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the National Wildlife Refuge System (referred to in this Act as the ``System''), consisting of more than 500 refuges and 93,000,000 acres, plays an integral role in the protection of the natural resources of the United States; (2) the National Wildlife Refuge System Improvement Act of 1997 (Public Law 105-57; 111 Stat. 1252) significantly improved the law governing the System, although the financial resources for implementing this law and managing the System remain limited; (3) by encouraging volunteer programs and donations, and facilitating non-Federal partnerships with refuges, Federal funding for the refuges can be supplemented and the System can fully benefit from the amendments made by the National Wildlife Refuge System Improvement Act of 1997; and (4) by encouraging refuge educational programs, public awareness of the resources of the System and public participation in the conservation of those resources can be promoted. (b) Purposes.--The purposes of this Act are-- (1) to encourage the use of volunteers to assist the United States Fish and Wildlife Service in the management of refuges within the System; (2) to facilitate partnerships between the System and non- Federal entities to promote public awareness of the resources of the System and public participation in the conservation of those resources; and (3) to encourage donations and other contributions by persons and organizations to the System. SEC. 3. GIFTS TO PARTICULAR NATIONAL WILDLIFE REFUGES. Section 7(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(b)(2)) is amended-- (1) by striking ``(2) Any'' and inserting the following: ``(2) Use of gifts, devises, and bequests.-- ``(A) In general.--Any''; and (2) by adding at the end the following: ``(B) Gifts, devises, and bequests to particular refuges.-- ``(i) Disbursal.--Any gift, devise, or bequest made for the benefit of a particular national wildlife refuge or complex of geographically related refuges shall be disbursed only for the benefit of that refuge or complex of refuges and without further appropriations. ``(ii) Matching.--Subject to the availability of appropriations and the requirements of the National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable law, the Secretary may provide funds to match gifts, devises, and bequests made for the benefit of a particular national wildlife refuge or complex of geographically related refuges. With respect to each gift, devise, or bequest, the amount of Federal funds may not exceed the amount (or, in the case of property or in-kind services, the fair market value) of the gift, devise, or bequest.''. SEC. 4. VOLUNTEER ENHANCEMENT. (a) Pilot Projects.-- (1) In general.--Subject to the availability of appropriations, the Secretary of the Interior shall carry out a pilot project at 2 or more national wildlife refuges or complexes of geographically related refuges in each United States Fish and Wildlife Service region, but not more than 20 pilot projects nationwide. (2) Volunteer coordinator.--Each pilot project shall provide for the employment of a full-time volunteer coordinator for the refuge or complex of geographically related refuges. The volunteer coordinator shall be responsible for recruiting, training, and supervising volunteers. The volunteer coordinator may be responsible for assisting partner organizations in developing projects and programs under cooperative agreements under section 7(d) of the Fish and Wildlife Act of 1956 (as added by section 5) and coordinating volunteer activities with partner organizations to carry out the projects and programs. (3) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of the Interior shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate evaluating and making recommendations regarding the pilot projects. (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 1999 through 2002. (b) Awards and Recognition for Volunteers.--Section 7(c)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)(2)) is amended-- (1) by inserting ``awards (including nominal cash awards) and recognition,'' after ``lodging,''; and (2) by inserting ``without regard to their places of residence'' after ``volunteers''. (c) Senior Volunteer Corps.--Section 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(c)) is amended by striking paragraph (6) and inserting the following: ``(6) Senior volunteer corps.--The Secretary of the Interior may establish a Senior Volunteer Corps, consisting of volunteers over the age of 50. To assist in the recruitment and retention of the volunteers, the Secretary may provide for additional incidental expenses to members of the Corps beyond the incidental expenses otherwise provided to volunteers under this subsection. The members of the Corps shall be subject to the other provisions of this subsection.''. SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT. Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is amended by adding at the end the following: ``(d) Community Partnership Enhancement.-- ``(1) Definition of partner organization.--In this subsection, the term `partner organization' means an organization that-- ``(A) draws its membership from private individuals, organizations, corporations, academic institutions, or State or local governments; ``(B) is established to promote the understanding of, education relating to, and the conservation of the fish, wildlife, plants, and cultural and historical resources of a particular refuge or complex of geographically related refuges; and ``(C) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. ``(2) Cooperative agreements.-- ``(A) In general.--The Secretary of the Interior may enter into a cooperative agreement (within the meaning of chapter 63 of title 31, United States Code) with any partner organization, academic institution, or State or local government agency to carry out 1 or more projects or programs for a refuge or complex of geographically related refuges in accordance with this subsection. ``(B) Projects and programs.--Subject to the requirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable law, and such terms and conditions as the Secretary determines to be appropriate, the Secretary may approve projects and programs for a refuge or complex of geographically related refuges that-- ``(i) promote the stewardship of resources of the refuge through habitat maintenance, restoration, and improvement, biological monitoring, or research; ``(ii) support the operation and maintenance of the refuge through constructing, operating, maintaining, or improving the facilities and services of the refuge; ``(iii) increase awareness and understanding of the refuge and the National Wildlife Refuge System through the development, publication, or distribution of educational materials and products; ``(iv) advance education concerning the purposes of the refuge and the mission of the System through the use of the refuge as an outdoor classroom and development of other educational programs; or ``(v) contribute financial resources to the refuge, under terms that require that the net revenues be used exclusively for the benefit of the refuge, through donation of net revenues from the sale of educational materials and products and through encouragement of gifts, devises, and bequests. ``(C) Federal funding and ownership.-- ``(i) Matching.--Subject to the availability of appropriations and the requirements of the National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable law, the Secretary may provide funds to match non-Federal funds donated under a cooperative agreement under this paragraph. With respect to each project or program, the amount of funds provided by the Secretary may not exceed the amount of the non-Federal funds donated through the project or program. ``(ii) Use of federal funds.--Any Federal funds used to fund a project or program under a cooperative agreement may be used only for expenses directly related to the project or program and may not be used for operation or administration of any non-Federal entity. ``(iii) Ownership of facilities.--Any new facility, improvement to an existing facility, or other permanent improvement to a refuge constructed under this subsection shall be the property of the United States Government. ``(D) Treasury account.--Amounts received by the Secretary of the Interior as a result of projects and programs under subparagraph (B) shall be deposited in a separate account in the Treasury. Amounts in the account that are attributable to activities at a particular refuge or complex of geographically related refuges shall be available to the Secretary of the Interior, without further appropriation, to pay the costs of incidental expenses related to volunteer activities, and to carry out cooperative agreements for the refuge or complex of refuges.''. SEC. 6. REFUGE EDUCATION PROGRAM DEVELOPMENT. Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) (as amended by section 5) is amended by adding at the end the following: ``(e) Refuge Education Program Enhancement.-- ``(1) Guidance.--Not later than 1 year after the date of enactment of this subsection, the Secretary of the Interior shall develop guidance for refuge education programs to further the mission of the National Wildlife Refuge System and the purposes of individual refuges through-- ``(A) providing outdoor classroom opportunities for students on national wildlife refuges that combine educational curricula with the personal experiences of students relating to fish, wildlife, and plants and their habitat and to the cultural and historical resources of the refuges; ``(B) promoting understanding and conservation of fish, wildlife, and plants and cultural and historical resources of the refuges; and ``(C) improving scientific literacy in conjunction with both formal and nonformal education programs. ``(2) Refuge programs.--Based on the guidance developed under paragraph (1), the Secretary of the Interior may develop or enhance refuge education programs as appropriate, based on the resources of individual refuges and the opportunities available for such programs in State, local, and private schools. In developing and implementing each program, the Secretary should cooperate with State and local education authorities, and may cooperate with partner organizations in accordance with subsection (d).''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) (as amended by section 6) is amended by adding at the end the following: ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior to carry out subsections (b), (c), (d), and (e) $2,000,000 for each of fiscal years 1999 through 2004.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 - Amends the Fish and Wildlife Act of 1956 to provide that any gift or bequest made for the benefit of a particular national wildlife refuge or complex of refuges shall be disbursed only for such refuge's or refuges' benefit. Authorizes Federal matching funds. (Sec. 4) Directs the Secretary of the Interior (Secretary) to conduct a volunteer coordinator pilot project in at least two refuges (but not more than 20 nationwide) in each United States Fish and Wildlife Service region. Authorizes appropriations. Authorizes the Secretary and the Secretary of Commerce to provide volunteers in the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration with awards and recognition, including nominal cash awards. Authorizes the Secretary to establish a Senior Volunteer Corps. (Sec. 5) Authorizes the Secretary to enter into cooperative agreements with community partnership organizations (private, corporate, academic, or State or local) to implement refuge related programs. Authorizes Federal matching funds. (Sec. 6) Directs the Secretary to develop guidance for, and programs of, refuge education. (Sec. 7) Authorizes appropriations.

National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chimney Rock National Monument Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) National monument.--The term ``national monument'' means the Chimney Rock National Monument established by section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State.--The term ``State'' means the State of Colorado. SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT. (a) Establishment.--There is established in the State the Chimney Rock National Monument-- (1) to preserve, protect, and restore the archeological, cultural, historic, geologic, hydrologic, natural, educational, and scenic resources of Chimney Rock and adjacent land; and (2) to provide for public interpretation and recreation consistent with the protection of the resources described in paragraph (1). (b) Boundaries.-- (1) In general.--The national monument shall consist of approximately 4,726 acres of land and interests in land, as generally depicted on the map entitled ``Boundary Map, Chimney Rock National Monument'' and dated January 5, 2010. (2) Minor adjustments.--The Secretary may make minor adjustments to the boundary of the national monument to reflect the inclusion of significant archeological resources discovered after the date of the enactment of this Act on adjacent National Forest System land. (3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall-- (1) administer the national monument-- (A) in furtherance of the purposes for which the national monument was established; and (B) in accordance with-- (i) this Act; and (ii) any laws generally applicable to the National Forest System; and (2) allow only such uses of the national monument that the Secretary determines would further the purposes described in section 3(a). (b) Tribal Uses.-- (1) In general.--The Secretary shall administer the national monument in accordance with-- (A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and (B) the policy described in Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996). (2) Traditional uses.--Subject to any terms and conditions the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the national monument by members of Indian tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (c) Vegetation Management.--The Secretary may carry out vegetation management treatments within the national monument, except that the harvesting of timber shall only be used if the Secretary determines that the harvesting is necessary for-- (1) ecosystem restoration in furtherance of section 3(a); or (2) the control of fire, insects, or diseases. (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles and mountain bikes in the national monument shall be limited to the roads and trails identified by the Secretary as appropriate for the use of motor vehicles and mountain bikes. (e) Grazing.--The Secretary shall permit grazing within the national monument, where established before the date of the enactment of this Act-- (1) subject to all applicable laws (including regulations); and (2) consistent with the purposes described in section 3(a). (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes the Secretary from renewing or authorizing the upgrading of a utility right-of-way in existence as of the date of the enactment of this Act through the national monument-- (1) in accordance with-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) any other applicable law; and (2) subject to such terms and conditions as the Secretary determines to be appropriate. (g) Volunteers.--The Secretary shall allow for the continued access and work of volunteers at the national monument. (h) Research.--Scientific research, including archeological research, educational, and interpretive uses shall be permitted within the Monument. (i) Other Administrative Costs.--Any signs, fixtures, alterations, or additions needed in connection with the designation or advertisement of the Monument shall be paid for only with non-Federal funds or amounts made available for such purposes in prior Acts of appropriation. (j) Designation of Manager.--As soon as practicable after the management plan is developed under section 5(a), the Secretary shall designate an employee of the Department of Agriculture whose duties shall include acting as the point of contact for the management of the national monument. (k) Other Recreational Uses.--The Secretary shall allow continued use of the national monument for hunting, fishing, and other recreational uses authorized on the date of the enactment of this Act, except that the Secretary may implement temporary emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, or other purposes authorized by law. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Secretary, in consultation with Indian tribes with a cultural or historic tie to Chimney Rock, shall develop a management plan for the national monument. (b) Public Comment.--In developing the management plan, the Secretary shall provide an opportunity for public comment by-- (1) State and local governments; (2) tribal governments; and (3) any other interested organizations and individuals. SEC. 6. LAND ACQUISITION. The Secretary may acquire land and any interest in land within or adjacent to the boundary of the national monument by-- (1) purchase from willing sellers with donated or appropriated funds; (2) donation; or (3) exchange. SEC. 7. WITHDRAWAL. (a) In General.--Subject to valid existing rights, all Federal land within the national monument (including any land or interest in land acquired after the date of the enactment of this Act) is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) subject to subsection (b), operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Limitation.--Notwithstanding subsection (a)(3), the Federal land is not withdrawn for the purposes of issuance of gas pipeline rights-of-way within easements in existence as of the date of the enactment of this Act. SEC. 8. EFFECT. (a) Water Rights.-- (1) In general.--Nothing in this Act affects any valid water rights, including water rights held by the United States. (2) Reserved water right.--The designation of the national monument does not create a Federal reserved water right. (b) Tribal Rights.--Nothing in this Act affects-- (1) the rights of any Indian tribe on Indian land; (2) any individually held trust land or Indian allotment; or (3) any treaty rights providing for nonexclusive access to or within the national monument by members of Indian tribes for traditional and cultural purposes. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife on public land in the State. (d) Adjacent Uses.--Nothing in this Act-- (1) creates a protective perimeter or buffer zone around the national monument; or (2) affects private property outside of the boundary of the national monument. Passed the House of Representatives May 16, 2012. Attest: KAREN L. HAAS, Clerk.

Chimney Rock National Monument Establishment Act - (Sec. 3) Establishes the Chimney Rock National Monument in Colorado in order to preserve, protect, and restore the cultural, historic, natural, educational, and scenic resources of Chimney Rock and adjacent land and to provide for public interpretation and recreation consistent with the protection of such resources. Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument to reflect the inclusion of significant archaeological resources discovered on adjacent National Forest System land. (Sec. 4) Sets forth provisions for the administration of the Monument. Permits only such uses of the Monument that would further the purposes specified above. Requires the Monument to be administered according to the Native American Graves Protection and Repatriation Act and the policy specified in the American Indian Religious Freedom Act. Allows for continued use of the Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and materials. Authorizes the Secretary to carry out vegetation management treatments within the Monument, except that timber harvesting shall only be used when necessary for ecosystem restoration or the control of fire, insects, or diseases. Limits the use of motor vehicles and mountain bikes in the Monument to roads and trails identified as appropriate for such use. Permits grazing in the Monument where established prior to this Act's enactment. Prohibits anything in this Act from precluding upgrading an existing utility right-of-way through the Monument. Permits volunteers and scientific researchers to work within the Monument. Requires signs, fixtures, alterations, or additions needed in connection with the designation or advertisement of the Monument to be paid for only with non-federal funds or amounts made available for those purposes in prior appropriation Acts. Instructs the Secretary to designate a USDA employee whose duties shall include acting as the point of contact for the management of the Monument. Allows continued use of the Monument for hunting, fishing, and other authorized recreational uses, except that the Secretary may implement temporary emergency closures or restrictions of the smallest area practicable to provide for public safety, resource conservation, or other purposes authorized by law. (Sec. 5) Requires the Secretary to develop a management plan for the Monument in consultation with Indian tribes having a cultural or historic tie to Chimney Rock. Requires an opportunity for public comment on the plan. (Sec. 6) Authorizes the Secretary to acquire, by purchase from willing sellers, donation, or exchange, land and interests within or adjacent to the Monument. (Sec. 7) Withdraws federal land in the Monument and any acquired land from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws, except for the issuance of gas pipeline rights-of-way within existing easements. (Sec. 8) Specifies this Act's effect on: (1) valid water rights, (2) federal reserved water rights, (3) specified tribal rights, (4) fish and wildlife on public lands in Colorado, and (5) buffer zones or private property adjacent to the Monument.

To establish the Chimney Rock National Monument in the State of Colorado, and for other purposes.

SECTION 1. MAINTENANCE OF CERTAIN PROTECTED HEALTH INFORMATION. Section 552a of title 5, United States Code, is amended by adding at the end the following: ``(w) Maintenance of Certain Health Information Upon Cessation of Certain Businesses.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, a State shall establish a process under which the protected health information described in paragraph (2) that is maintained by a person described in paragraph (3) is delivered to, and maintained by, the State or an individual or entity designated by the State. ``(2) Information described.--The protected health information referred to in paragraph (1) is protected health information that-- ``(A) is recorded in any form or medium; ``(B) is created by-- ``(i) a health care provider; or ``(ii) a health benefit plan sponsor that provides benefits in the form of items and services to enrollees and not in the form of reimbursement for items and services; and ``(C) relates in any way to the past, present, or future physical or mental health or condition or functional status of a protected individual or the provision of health care to a protected individual. ``(3) Persons described.--A person referred to in paragraph (1) is any of the following: ``(A) A health care facility previously located in the State that has closed. ``(B) A professional practice previously operated by a health care provider in the State that has closed. ``(C) A health benefit plan sponsor that-- ``(i) previously provided benefits in the form of items and services to enrollees in the State; and ``(ii) has ceased to do business. ``(4) Ineligibility of noncomplying states for contractor status for purposes of federal civilian procurement.--A State that fails to comply with paragraph (1) may not be considered to be a responsible source (as such term is defined in section 4 of the Office of Federal Procurement Policy Act) for purposes of any contract to which the Federal Property and Administrative Services Act of 1949 applies. For purposes of the preceding sentence, the Secretary of Health and Human Services shall make timely recommendations to each executive agency (as such term is defined in section 3 of the Federal Property and Administrative Services Act of 1949) concerning whether States are complying with paragraph (1). ``(5) Definitions.--For purposes of this subsection: ``(A) Health benefit plan.--The term `health benefit plan' means-- ``(i) any contract of health insurance, including any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract, that is provided by a carrier; and ``(ii) an employee welfare benefit plan or other arrangement insofar as the plan or arrangement provides health benefits and is funded in a manner other than through the purchase of one or more policies or contracts described in clause (i). ``(B) Health benefit plan sponsor.--The term `health benefit plan sponsor' means a person who, with respect to a specific item of protected health information, receives or creates the information while acting in whole or in part in the capacity of-- ``(i) an insurance carrier or other person providing a health benefit plan, including any public entity that provides payments for health care items and services under a health benefit plan that are equivalent to payments provided by a private person under such a plan; or ``(ii) an officer or employee of a person described in clause (i). ``(C) Health care.--The term `health care'-- ``(i) means-- ``(I) any preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, counseling, service, or procedure-- ``(aa) with respect to the physical or mental condition, or functional status, of an individual; or ``(bb) affecting the structure or function of the human body or any part of the human body, including banking of blood, sperm, organs, or any other tissue; or ``(cc) any sale or dispensing of a drug, device, equipment, or other item to an individual, or for the use of an individual, pursuant to a prescription; but ``(ii) does not include any item or service that is not furnished for the purpose of maintaining or improving the health of an individual. ``(D) Health care provider.--The term `health care provider' means a person who, with respect to a specific item of protected health information, receives or creates the information while acting in whole or in part in the capacity of-- ``(i) a person who is licensed, certified, registered, or otherwise authorized by law to provide an item or service that constitutes health care in the ordinary course of business or practice of a profession; ``(ii) a Federal or State program that directly provides items or services that constitute health care to beneficiaries; or ``(iii) an officer or employee of a person described in clause (i) or (ii). ``(E) Health oversight agency.--The term `health oversight agency' means a person who, with respect to a specific item of protected health information, receives or creates the information while acting in whole or in part in the capacity of-- ``(i) a person who performs or oversees the performance of an assessment, evaluation, determination, or investigation relating to the licensing, accreditation, or certification of health care providers; ``(ii) a person who-- ``(I) performs or oversees the performance of an audit, assessment, evaluation, determination, or investigation relating to the effectiveness of, compliance with, or applicability of, legal, fiscal, medical, or scientific standards or aspects of performance related to the delivery of, or payment for, health care; and ``(II) is a public agency, acting on behalf of a public agency, acting pursuant to a requirement of a public agency, or carrying out activities under a State or Federal statute regulating the assessment, evaluation, determination, or investigation; or ``(III) an officer or employee of a person described in subclause (I) or (II). ``(F) Health researcher.--The term `health researcher' means a person who, with respect to a specific item of protected health information, receives or creates the information while acting in whole or in part in the capacity of-- ``(i) a person conducting a biomedical, epidemiological, or health services research or statistics project, or a research project on behavioral and social factors affecting health; or ``(ii) an officer or employee of a person described in clause (i). ``(G) Person.--The term `person' includes an authority of the United States, a State, or a political subdivision of a State. ``(H) Protected health information.--The term `protected health information' means any information, whether oral or recorded in any form or medium-- ``(i) that is created or received in a State by-- ``(I) a health care provider; ``(II) a health benefit plan sponsor; ``(III) a health oversight agency; or ``(IV) a public health authority; ``(ii) that relates in any way to the past, present, or future physical or mental health or condition or functional status of a protected individual, the provision of health care to a protected individual, or payment for the provision of health care to a protected individual; and ``(iii) that-- ``(I) identifies the individual; or ``(II) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. ``(I) Protected individual.--The term `protected individual' means an individual who, with respect to a date-- ``(i) is living on the date; or ``(ii) has died within the 2-year period ending on the date. ``(J) Public health authority.--The term `public health authority' means a person who, with respect to a specific item of protected health information, receives or creates the information while acting in whole or in part in the capacity of-- ``(i) an authority of the United States, a State, or a political subdivision of a State that is responsible for public health matters; ``(ii) a person acting under the direction of such an authority; or ``(iii) an officer or employee of a person described in clause (i) or (ii). ``(K) State.--The term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.''.

Amends Federal law to require States to establish a process under which certain health information maintained by: (1) a closed health care facility previously located in the State; (2) a closed professional practice previously operated by a health care provider; and (3) a health benefit plan sponsor that previously provided benefits in the form of items and services to enrollees in the State and has ceased to do business, is delivered to and maintained by the State or an individual or entity designated by the State. Makes noncomplying States ineligible for purposes of any contract to which the Federal Property and Administrative Services Act of 1949 applies.

To amend section 552a of title 5, United States Code, to provide for the maintenance of certain health information in cases where a health care facility has closed or a health benefit plan sponsor has ceased to do business.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Acid Rain Control Act''. SEC. 2. REDUCTION IN TOTAL ANNUAL EMISSIONS OF SULFUR DIOXIDE BY UTILITY UNITS. The second sentence of section 403(a) of the Clean Air Act (42 U.S.C. 7651b) is amended by striking the period at the end and inserting ``, and such 8.90 million tons amount shall be reduced to 4.45 million tons for each of calendar years 2008, 2009, 2010, and 2011, and shall be further reduced to 3 million tons for calendar years thereafter.''. SEC. 3. REDUCTION IN TOTAL ANNUAL EMISSIONS OF NITROGEN OXIDES BY AFFECTED FACILITIES. (a) Total Annual Emissions.--The Administrator of the Environmental Protection Agency shall ensure that total annual emissions of nitrogen oxides by affected facilities in the 50 States and the District of Columbia do not exceed-- (1) 2.10 million tons for each of calendar years 2008, 2009, 2010, and 2011; and (2) 1.70 million tons for calendar year 2012 and each calendar year thereafter. (b) Penalty.--The owner or operator of any affected facility that emits nitrogen oxides for any calendar year after 2007 in excess of the facility's emissions limitation requirement, or any allowance the owner or operator holds for the facility for that calendar year, under regulations promulgated under this Act or title IV of the Clean Air Act (42 U.S.C. 7651 et seq.)-- (1) shall be liable for the payment of an excess emissions penalty under section 411 of such title (42 U.S.C. 7651j), except that the penalty shall be calculated on the basis of the number of tons emitted in excess of the facility's emissions limitation requirement multiplied by $6,000; and (2) shall be liable to offset the excess emissions by an equal tonnage amount in the manner applicable under section 411 of such title (42 U.S.C. 7651j) to the owner or operator of any affected source that emits excess sulfur dioxide. (c) Affected Facility.--For purposes of this section, the term ``affected facility'' means a facility with 1 or more combustion units that serve at least 1 electricity generator with a capacity not less than 25 megawatts. SEC. 4. MERCURY EMISSION CONTROL. (a) Regulation.--Not later than December 15, 2004, the Administrator shall promulgate a regulation controlling electric utility and industrial source emissions of mercury in the 50 States and the District of Columbia. (b) Prohibition on Transfer.--The Administrator may not allow any electric utility or other industrial source to transfer any mercury emission allowance. SEC. 5. REGULATIONS. (a) In General.--The Administrator shall promulgate regulations to carry out sections 2, 3, and 4 that-- (1) may, except in the case of mercury, provide for market- oriented mechanisms, such as emissions trading, auctions, or other allocation methods; (2) shall prevent localized adverse effects on public health and the environment; and (3) shall ensure that significant emission reductions are achieved in both the Eastern and Western Regions of the United States. (b) Deadline.--The Administrator shall promulgate-- (1) the regulations required under subsection (a) to carry out sections 2 and 3 not later than 2 years after the date of the enactment of this Act; and (2) the regulations required under subsection (a) to carry out section 4 not later than December 15, 2004. SEC. 6. REGIONAL ECOSYSTEMS. (a) Report.-- (1) In general.--Not later than December 31, 2007, the Administrator shall submit to the Congress a report identifying objectives for scientifically credible environmental indicators, as determined by the Administrator, that are sufficient to protect sensitive ecosystems of the Adirondack Mountains, mid-Appalachian Mountains, Rocky Mountains, and Southern Blue Ridge Mountains, and water bodies of the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. (2) Acid neutralizing capacity.--The report shall-- (A) include acid neutralizing capacity as an indicator; and (B) identify as an objective the objective of increasing the proportion of water bodies in sensitive receptor areas with an acid neutralizing capacity greater than zero from the proportion identified in surveys begun in 1984. (3) Updated report.--Not later than December 31, 2011, the Administrator shall submit to the Congress a report updating the report under paragraph (1) and assessing the status and trends of various environmental indicators for the regional ecosystems referred to in paragraph (1). (4) Reports under the national acid precipitation assessment program.--The reports under this subsection shall be subject to the requirements applicable to a report under section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 7403(j)(3)(E)). (b) Regulations.-- (1) Determination.--Not later than December 31, 2011, the Administrator shall determine whether emissions reductions called for in this Act are sufficient to ensure achievement of the objectives stated in subsection (a)(1). (2) Promulgation.--If the Administrator finds under paragraph (1) that emission reductions are not sufficient to ensure achievement of the objectives identified in subsection (a)(1), the Administrator shall promulgate, not later than 2 years after making the finding, such regulations, including modification of nitrogen oxides and sulfur dioxide allowance allocations or any such measure, as the Administrator determines are necessary to protect the sensitive ecosystems described in subsection (a)(1). SEC. 7. ADMINISTRATOR. For purposes of this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency.

Acid Rain Control Act - Amends the Clean Air Act to require further reductions in total annual emissions of sulfur dioxide by utility units and nitrogen oxides by facilities with one or more combustion units serving at least one electricity generator with a capacity of at least 25 megawatts. Permits emissions trading and allocation.Requires the Administrator of the Environmental Protection Agency to promulgate regulations controlling electric utility and industrial source emissions of mercury. Prohibits mercury emission allowance transfers.Requires that these emissions regulations prevent localized adverse effects and ensure significant reductions on both coasts.Directs the Administrator to identify for and report to Congress on scientifically credible environmental indicators sufficient to protect sensitive ecosystems of the Adirondack, mid-Appalachian, Rocky and Southern Blue Ridge Mountains as well as the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay.

To reduce acid deposition under the Clean Air Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shenandoah Valley National Battlefields Partnership Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) there are situated in the Shenandoah Valley in the Commonwealth of Virginia the sites of several key Civil War battles; (2) certain sites, battlefields, structures, and districts in the Shenandoah Valley are collectively of national significance in the history of the Civil War; (3) in 1990 Congress enacted legislation directing the Secretary of the Interior to prepare a comprehensive study of significant sites and structures associated with Civil War battles in the Shenandoah Valley; (4) the study, which was completed in 1992, found that many of the sites within the Shenandoah Valley possess national significance and retain a high degree of historical integrity; (5) the preservation and interpretation of these sites will make a vital contribution to the understanding of the heritage of the United States; (6) the preservation of Civil War sites within a regional framework requires cooperation among local property owners and Federal, State, and local government entities; and (7) partnerships between Federal, State, and local governments and their regional entities, and the private sector offer the most effective opportunities for the enhancement and management of the Civil War battlefields and related sites in the Shenandoah Valley. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) preserve, conserve, and interpret the legacy of the Civil War in the Shenandoah Valley; (2) recognize and interpret important events and geographic locations representing key Civil War battles in the Shenandoah Valley, including those battlefields associated with the Thomas J. (Stonewall) Jackson campaign of 1862 and the decisive campaigns of 1864; (3) recognize and interpret the effect of the Civil War on the civilian population of the Shenandoah Valley during the war and postwar reconstruction period; and (4) create partnerships among Federal, State, and local governments and their regional entities, and the private sector to preserve, conserve, enhance and interpret the nationally significant battlefields and related sites associated with the Civil War in the Shenandoah Valley. SEC. 4. DEFINITIONS. As used in this Act, the term-- (1) ``battlefields'' means the Shenandoah Valley National Battlefields established under section 5; (2) ``Commission'' means the Shenandoah Valley National Battlefields Commission established in section 9; (3) ``historic core'' means the area surrounding each unit of the battlefields as depicted on the map referenced in section 5(a) that encompasses important components of a conflict and that provides a strategic context and geographic setting for understanding the conflict; (4) ``plan'' means the Shenandoah Valley National Battlefields plan approved by the Secretary pursuant to section 6; (5) ``Secretary'' means the Secretary of the Interior; and (6) ``Shenandoah Valley'' means the Shenandoah Valley in the Commonwealth of Virginia. SEC. 5. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS. (a) Establishment.--(1) To carry out the purposes of this Act, there is hereby established the Shenandoah Valley National Battlefields in the Commonwealth of Virginia. The battlefields shall consist of approximately 1,863 acres of lands and interests therein as generally depicted on the map entitled ``Shenandoah Valley National Battlefields'', numbered SHVA / 80,000 and dated April 1994, comprising units at Cedar Creek, Cross Keys, Fisher's Hill, McDowell, New Market, Opequan, Port Republic, Second Kernstown, Second Winchester, and Tom's Brook. (2) The map referred to in paragraph (1) shall be on file and available for public inspection in the offices of the Commission and in the appropriate offices of the National Park Service. (3) The Secretary may, with the advice of the Commission and following an opportunity for public comment, make minor revisions to the boundaries of the battlefields. (b) Administration.--The Secretary shall administer the battlefields in accordance with this Act and with provisions of law generally applicable to the National Park System, including the Act approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4) and the Act approved August 21, 1935 (49 Stat. 666). The Secretary shall protect, manage, and administer the battlefields for the purposes of preserving and interpreting their natural, cultural and historic resources and of providing for public understanding and appreciation of the battlefields in such a manner as to perpetuate these qualities and values for future generations. (c) Land Acquisition.--(1) Except as otherwise provided in this subsection, the Secretary is authorized to acquire lands and interests therein within the boundaries of the battlefields by donation, purchase with donated or appropriated funds, or exchange: Provided, That no lands or interests therein may be acquired except with the consent of the owner thereof. (2) Lands or interests therein within the battlefields that are owned by the Commonwealth of Virginia or a political subdivision thereof, may be acquired only by donation or exchange. (3) The Secretary may not accept donations of lands or interests therein acquired through condemnation. SEC. 6. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS PLAN. (a) In General.--The battlefields shall be managed by the Secretary pursuant to this Act and the Shenandoah Valley National Battlefields plan developed by the Commission and approved by the Secretary, as provided in this section. (b) Specific Provisions.--The plan shall include-- (1) recommendations of potential boundary modifications to the battlefields, including modifications to the boundaries of the historic core of each unit, and the potential addition of new units; (2) provisions for the management, protection, and interpretation of the natural, cultural, and historical resources of the battlefields, consistent with the purposes of this Act; (3) recommendations to the Commonwealth of Virginia (and political subdivisions thereof) for the management, protection, and interpretation of the natural, cultural, and historical resources of the historic core areas; (4) the information described in section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) (pertaining to the preparation of general management plans); (5) identification of appropriate partnerships between the Secretary and other Federal, State, and local governments and regional entities, and the private sector, in furtherance of the purposes of this Act; (6) proposed locations for visitor contact and major interpretive facilities, including proposals for one interpretive facility in the upper Shenandoah Valley and one in the lower Shenandoah Valley; (7) provisions for implementing a continuing program of interpretation and visitor education concerning the resources and values of the battlefields and historic core areas; and (8) provisions for a uniform valley-wide historical maker and wayside exhibit program, including a provision for marking, with the consent of the owner, historic structures and properties contained within the historic core areas, as identified on the map referred to in section 5(a), that contribute to the understanding of the battlefields. (c) Preparation of Draft Plan.--(1) Not later than 2 years after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a draft plan that meets the requirements of subsection (b). (2) Prior to submitting the draft plan to the Secretary, the Commission shall ensure that-- (A) the Commonwealth of Virginia, and any political subdivision thereof that would be affected by the plan, receives a copy of the draft plan; (B) adequate notice of the availability of the draft plan is provided through publication in appropriate local newspapers in the area of the battlefields; and (C) at least one public hearing in the vicinity of the battlefields in the upper Shenandoah Valley and one public hearing in the vicinity of the battlefields in the lower Shenandoah Valley is conducted by the Commission with respect to the draft plan. (d) Review of Plan by the Secretary.--The Secretary shall review the draft plan, and, not later than 90 days after the date on which the draft plan is submitted, shall either-- (1) approve the plan; or (2) reject the plan and recommend modifications to the Commission that would make the plan acceptable. SEC. 7. COOPERATIVE AGREEMENTS. (a) In General.--In furtherance of the purposes of this Act, the Secretary may establish partnerships and enter into cooperative agreements concerning lands and interests therein within the battlefields and historic core areas with other Federal, State, or local agencies, and private persons and organizations. (b) Historic Monuments.--The Secretary may enter into agreements with the owners of property in the battlefields and historic core areas on which historic monuments and tablets commemorating the battles have been erected prior to the date of enactment of this Act. The Secretary may make funds available for the maintenance, protection, and interpretation of the monuments and tablets pursuant to such agreements. SEC. 8. GRANT PROGRAM. (a) In General.--(1) Within the battlefields and historic core areas, the Secretary may award grants and provide technical assistance to property owners to provided for the preservation and interpretation of the natural, cultural, and historical resources within the battlefields and historic core areas. (2)(A) The Secretary, after consultation with the Commission, may award grants and provide technical assistance to governmental entities to assist with the planning, development, and implementation of comprehensive plans, land use guidelines, regulations, ordinances or other appropriate documents that are consistent with and designed to protect the historic character of the battlefields and historic core areas. (B) The Commission shall conduct a regular review of approved plans, guidelines, regulations, ordinances, or documents. If the Commission finds that any such plan, guideline, regulation, ordinance, or document or the implementation thereof is no longer consistent with the protection of the historic character of the battlefields and historic core areas, after consultation with the affected governmental entity, the Commission may recommend that the Secretary withdraw approval and suspend any grant authority pursuant to this section. (C) The Secretary, after consultation with the Commission, shall suspend any grant awarded under this paragraph if the Secretary has determined that such plans, guidelines, regulations, ordinances, or documents are modified in a manner that is inconsistent with the protection of the historic character of the battlefields and historic core areas. (b) Cost Share.--The Federal share of any grant made under this section shall be matched by non-Federal funds on a one-to-one basis. (c) Additional Conditions.--The Secretary may require such additional terms and conditions before awarding any grant as the Secretary determines to be necessary. SEC. 9. SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION. (a) Establishment.--There is hereby established the Shenandoah Valley National Battlefields Commission. (b) Membership.--The commission shall be composed of 19 members, to be appointed by the Secretary as follows: (1) 5 members representing local governments of communities in the vicinity of the battlefields, after considering recommendations made by appropriate local governing bodies. (2) 10 members representing property owners within the battlefields or historic core areas (1 member within each unit). (3) 1 member with demonstrated expertise in historic preservation. (4) 1 member who is a recognized historian with expertise in Civil War history. (5) The Governor of Virginia, or a designee of the Governor, ex officio. (6) The Director of the National Park Service, or a designee of the Director, ex officio. (c) Appointments.--Members of the Commission shall be appointed for staggered terms of 3 years, as designated by the Secretary at the time of the initial appointment. Any member of the Commission appointed for a definite term may serve after the expiration of the term until the successor of the member is appointed. (d) Election of Officers.--The Commission shall elect one of its members as Chairperson and one as Vice Chairperson. Terms of the Chairperson and Vice Chairperson shall be 2 years. The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. (e) Vacancy.--Any vacancy on the Commission shall be filled in the same manner in which the original appointment was made, except that the Secretary shall fill any vacancy within 30 days after the vacancy occurs. (f) Quorum.--A majority of the Commission shall constitute a quorum. (g) Meetings.--The Commission shall meet not less than quarterly, or at the call of the Chairperson or a majority of the members of the Commission. Notice of meetings and agendas shall be published in local newspapers that have a distribution throughout the Shenandoah Valley. Commission meetings shall be held at various locations throughout the Shenandoah Valley and in a manner that ensures adequate public participation. (h) Staff of the Commission.--The Commission shall have the power to appoint and fix the compensation of such staff as may be necessary to carry out its duties. (i) Administrative Support Services.--The Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (j) Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail to the Commission, on a reimbursable basis, personnel of the agency to assist the Commission in carrying out its duties. (k) Subpoenas.--The Commission may not issue subpoenas or exercise any subpoena authority. (l) Expenses.--Members of the Commission shall serve without compensation, but the Secretary may reimburse members for expenses reasonably incurred in carrying out the responsibilities of the Commission under this Act. (m) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (n) Gifts.--The Commission may, for purposes of carrying out the duties of the Commission, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source. SEC. 10. DUTIES OF THE COMMISSION. The Commission shall-- (1) develop the plan referred to in section 6, in consultation with the Secretary; (2) advise the Secretary on the administration of the battlefields; (3) assist the Commonwealth of Virginia, or any political subdivision thereof, or any nonprofit organization, in the management, protection, and interpretation of the natural, cultural and historical resources within the historic core areas: Provided, however, That the Commission shall in no way infringe upon the authorities and policies of the Commonwealth of Virginia or any political subdivision thereof; and (4) take appropriate action to encourage protection of the natural, cultural, and historic resources within the battlefields and historic core areas by landowners, local governments, organizations, and businesses. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out this Act, except that no more than $250,000 may be appropriated for the establishment and operation of the Commission. (b) Availability of Funds.--Funds made available under subsection (a) shall remain available until expended. Passed the Senate June 8 (legislative day, June 7), 1994. Attest: MARTHA S. POPE, Secretary. S 1033 RFH----2 S 1033 RFH----3

Shenandoah Valley National Battlefields Partnership Act of 1994 - Establishes the Shenandoah Valley National Battlefields in Virginia. Directs the Secretary of the Interior to protect, manage, and administer the Battlefields for the purposes of preserving and interpreting their natural, cultural, and historic resources and of providing for public understanding and appreciation of the Battlefields in such a manner as to perpetuate these qualities and values for future generations. Authorizes the Secretary to acquire lands within the boundaries of the Battlefields, subject to specified requirements. (Sec. 6) Requires that the Battlefields be managed by the Secretary pursuant to this Act and the Shenandoah Valley National Battlefields plan (plan) to be developed by the Shenandoah Valley National Battlefields Commission (to be established under this Act) and approved by the Secretary. (Sec. 7) Authorizes the Secretary to establish partnerships and enter into cooperative agreements concerning lands within the Battlefields and historic core areas with other Federal, State, or local agencies and private persons and organizations. (Sec. 8) Authorizes the Secretary: (1) within the Battlefields and historic core areas, to award grants and provide technical assistance to property owners to provide for the preservation and interpretation of the natural, cultural, and historical resources within the Battlefields and historic core areas; and (2) to award grants and provide technical assistance to governmental entities to assist with the planning, development, and implementation of comprehensive plans, land use guidelines, regulations, ordinances, or other appropriate documents that are consistent with and designed to protect the historic character of the Battlefields and historic core areas. Directs the Commission to conduct a regular review of approved plans, guidelines, regulations, ordinances, or documents (documents), and where appropriate, to recommend that the Secretary withdraw approval and suspend any grant authority pursuant to this section. Directs the Secretary to suspend grants awarded upon determining that such documents are modified in a manner that is inconsistent with the protection of the historic character of the Battlefields and historic core areas. Specifies that the Federal share of any grant made under this section shall be matched by non-Federal funds. (Sec. 10) Directs the Commission to: (1) advise the Secretary on the administration of the Battlefields; (2) assist Virginia, any political subdivision thereof, or any nonprofit organization in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas; and (3) take appropriate action to encourage protection of the natural, cultural, and historic resources within the Battlefields and historic core areas by landowners, local governments, organizations, and businesses. (Sec. 11) Authorizes appropriations.

Shenandoah Valley National Battlefields Partnership Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening Medicare And Repaying Taxpayers Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Expediting Secretarial determination of reimbursement amount to improve program efficiency. Sec. 3. Fiscal efficiency and revenue neutrality. Sec. 4. Reporting requirement safe harbors. Sec. 5. Use of social security numbers and other identifying information in reporting. Sec. 6. Statute of limitations. SEC. 2. EXPEDITING SECRETARIAL DETERMINATION OF REIMBURSEMENT AMOUNT TO IMPROVE PROGRAM EFFICIENCY. Section 1862(b)(2)(B) of the Social Security Act (42 U.S.C. 1395y(b)(2)(B)) is amended by adding at the end the following new clause: ``(vii) Timely notice of conditional payment reimbursement.-- ``(I) Request for conditional payment statement.--In the case of a payment made by the Secretary pursuant to clause (i) for items and services provided to the claimant, the claimant or applicable plan (as defined in paragraph (8)(F)) may at any time beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, notify the Secretary that a payment is reasonably expected, and request from the Secretary, in accordance with regulations, a statement of the conditional payment reimbursement amount (in this clause referred to as a `statement of reimbursement amount') for any payments subject to reimbursement required under clause (ii). A claimant or applicable plan may request a statement under this subclause only once with respect to such settlement, judgment, award, or other payment. ``(II) Secretarial response.-- ``(aa) In general.--Not later than 65 days after the date of receipt of a request under subclause (I), the Secretary shall respond to such request with a statement of reimbursement amount, which shall constitute the conditional payment subject to recovery under clause (ii) related to such settlement, judgment, award or other payment. ``(bb) Case of secretarial failure.--Subject to subclause (III), if the Secretary fails to provide such a statement of reimbursement amount for items or services subject to reimbursement required under clause (ii) in accordance with this subclause, the claimant, applicable plan, or an entity that receives payment from an applicable plan shall provide an additional notice to the Secretary of such failure. If the Secretary fails to provide a statement of reimbursement amount within 30 days of the date of such additional notice, the claimant, applicable plan, and an entity that receives payment from an applicable plan shall not be liable for and shall not be obligated to make payment subject to this section for any item or service related to the request unless the Secretary demonstrates (in accordance with regulations) that the failure was justified due to exceptional circumstances (as defined in such regulations). Such regulations shall define exceptional circumstances in a manner so that not more than 1 percent of the repayment obligations under this subclause would qualify as exceptional circumstances. ``(III) Notice to secretary.--In the event that a settlement, judgment, award, or other payment does not occur (or is no longer reasonably expected to occur) within 120 days of the date of an original request under subclause (I) with respect to a settlement, judgment, award, or other payment, the claimant or the applicable plan shall timely notify the Secretary, and the Secretary shall be exempt from any obligation under subclause (II) with respect to a statement of reimbursement amount relating to such settlement, judgment, award, or other payment related to the notice. ``(IV) Effective date.--The Secretary shall promulgate final regulations to carry out this clause not later than 9 months after the date of the enactment of this clause. Such regulations shall require the disclosure from a claimant or applicable plan of no more than the minimum amount of information necessary for the Secretary to determine the amount of conditional payment subject to recovery under clause (ii) related to such settlement, judgment, award, or other payment, and may require partial disclosure (but may not require full disclosure) of social security numbers or health identification claim numbers. ``(viii) Right of appeal.--The Secretary shall promulgate regulations establishing a right of appeal and appeals process, with respect to any determination under this subsection for a payment made under this title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable plan, may appeal such determination. Such right of appeal shall-- ``(I) include review through an administrative law judge and administrative review board, and access to judicial review in the district court of the United States for the judicial district in which the appellant is located (or, in the case of an action brought jointly by more than one applicant, the judicial district in which the greatest number of applicants are located) or in the District Court for the District of Columbia; and ``(II) be carried out in a manner similar to the appeals procedure under regulations for hearing procedures respecting notices of determinations of nonconformance of group health plans under this subsection.''. SEC. 3. FISCAL EFFICIENCY AND REVENUE NEUTRALITY. (a) In General.--Section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) is amended-- (1) in paragraph (2)(B)(ii), by striking ``A primary plan'' and inserting ``Subject to paragraph (9), a primary plan''; and (2) by adding at the end the following new paragraph: ``(9) Exception.-- ``(A) In general.--Clause (ii) of paragraph (2)(B) and any reporting required by paragraph (8) shall not apply with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services under subparagraph (B) for the year involved. ``(B) Annual computation of thresholds.--Not later than November 15 before each year, the Chief Actuary of the Centers for Medicare & Medicaid Services shall calculate and publish a single threshold amount for settlements, judgments, awards or other payments for conditional payment obligations arising from each of liability insurance (including self-insurance), workers' compensation laws or plans, and no fault insurance subject to this section for that year. Each such annual single threshold amount for a year shall be set such that the expected average amount to be credited to the Medicare trust funds of collections of conditional payments from such settlements, judgments, awards, or other payments for each of liability insurance (including self-insurance), workers' compensation laws or plans, and no fault insurance subject to this section shall equal the expected average cost of collection incurred by the United States (including payments made to contractors) for a conditional payment from each of liability insurance (including self-insurance), workers' compensation laws or plans, and no fault insurance subject to this section for the year. The Chief Actuary shall include, as part of such publication for a year-- ``(i) the expected average cost of collection incurred by the United States (including payments made to contractors) for a conditional payment arising from each of liability insurance (including self-insurance), no fault insurance, and workers' compensation laws or plans; and ``(ii) a summary of the methodology and data used by such Chief Actuary in computing the threshold amount and such average cost of collection. ``(C) Treatment of ongoing expenses.--For purposes of this paragraph and with respect to a settlement, judgment, award, or other payment not otherwise addressed in clause (ii) of paragraph (2)(B) involving the ongoing responsibility for medical payments, such payment shall include only the cumulative value of the medical payments made and the purchase price of any annuity or similar instrument.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to years beginning more than 4\1/2\ months after the date of the enactment of this Act. SEC. 4. REPORTING REQUIREMENT SAFE HARBORS. Section 1862(b)(8) of the Social Security Act (42 U.S.C. 1395y(b)(8)) is amended-- (1) in the first sentence of subparagraph (E)(i), by striking ``shall be subject'' and all that follows through the end of the sentence and inserting the following: ``may be subject to a civil money penalty of up to $1,000 for each day of noncompliance. The severity of each such penalty shall be based on the knowing, willful, and repeated nature of the violation.''; and (2) by adding at the end the following new subparagraph: ``(I) Establishment of safe harbors.--Not later than 60 days after the date of the enactment of this subparagraph, the Secretary shall publish a notice in the Federal Register soliciting proposals, which will be accepted during a 60-day period, for the specification of practices for which sanctions will not be imposed under subparagraph (E), including for good faith efforts to identify a beneficiary pursuant to this paragraph under an applicable entity responsible for reporting information, under which this paragraph will be deemed to have complied with the reporting requirements under this paragraph and will not be subject to such sanctions. After considering the proposals so submitted, the Secretary, in consultation with the Attorney General, shall publish in the Federal Register, including a 60-day period for comment, proposed specified practices for which such sanctions will not be imposed. After considering any public comments received during such period, the Secretary shall issue final rules specifying such practices.''. SEC. 5. USE OF SOCIAL SECURITY NUMBERS AND OTHER IDENTIFYING INFORMATION IN REPORTING. Section 1862(b)(8)(B) of the Social Security Act (42 U.S.C. 1395y(b)(8)(B)) is amended by adding at the end (after and below clause (ii)) the following: ``Not later than 1 year after the date of enactment of this sentence, the Secretary shall modify the reporting requirements under this paragraph so that an applicable plan in complying with such requirements is permitted but not required to access or report to the Secretary beneficiary social security account numbers or health identification claim numbers.''. SEC. 6. STATUTE OF LIMITATIONS. (a) In General.--Section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) is amended-- (1) in paragraph (2)(B)(iii), by adding at the end the following new sentence: ``An action may not be brought by the United States under this clause with respect to payment owed unless the complaint is filed not later than 3 years after the date of the receipt of notice of a settlement, judgment, award, or other payment made pursuant to paragraph (8) relating to such payment owed.''; and (2) in paragraph (8)(E)(i), by adding at the end the following new sentence: ``A civil money penalty may not be imposed under this clause with respect to failure to submit required information unless service of notice of intention to impose the penalty is provided not later than 3 years after the date by which the information was required to be submitted.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to actions brought and penalties sought on or after 6 months after the date of the enactment of this Act.

Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once: (1) notify the Secretary that a payment is reasonably expected, and (2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement. Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount. Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement. Specifies circumstances: (1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and (2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement. Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable play, may appeal such determination. Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually. Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation. Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors). Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers. Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action.

A bill to amend title XVIII of the Social Security Act with respect to the application of Medicare secondary payer rules for certain claims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Monitoring Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) Covered state.--The term ``covered State'' means a State that receives funding under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (3) Dispenser.--The term ``dispenser''-- (A) means a person licensed or otherwise authorized by a State to deliver a prescription drug product to a patient or an agent of the patient; and (B) does not include a person involved in oversight or payment for prescription drugs. (4) PDMP.--The term ``PDMP'' means a prescription drug monitoring program. (5) Practitioner.--The term ``practitioner'' means a practitioner registered under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or dispense controlled substances. (6) State.--The term ``State'' means each of the several States and the District of Columbia. SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS. (a) In General.--Beginning 2 years after the date of enactment of this Act, each covered State shall require-- (1) each prescribing practitioner within the covered State or their designee, who shall be licensed or registered healthcare professionals or other employees who report directly to the practitioner, to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), and every 3 months thereafter as long as the treatment continues; (2) the PDMP of the covered State to provide proactive notification to a practitioner when patterns indicative of controlled substance misuse, including opioid misuse, are detected; (3) each dispenser within the covered State to report each prescription for a controlled substance dispensed by the dispenser to the PDMP not later than 24 hours after the controlled substance is dispensed to the patient; (4) that the PDMP make available a quarterly de-identified data set and an annual report for public and private use, which shall, at a minimum, meet requirements established by the Attorney General, in coordination with the Secretary of Health and Human Services; and (5) that the data contained in the PDMP of the covered State is made available to other States. (b) Noncompliance.--If a covered State fails to comply with subsection (a), the Attorney General or the Secretary of Health and Human Services, as appropriate, may withhold grant funds from being awarded to the covered State under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (c) Data-Sharing Single Technology Solution.-- (1) In general.--For the purpose of assisting States in complying with subsection (a)(5), the Attorney General, in coordination with the Secretary of Health and Human Services, acting through the Comprehensive Opioid Abuse Grant Program established under section 3021 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797ff), shall award, on a competitive basis, a grant to an eligible entity to establish and maintain an inter-State data-sharing single hub to facilitate the sharing of PDMP data among States and the accessing of such data by practitioners. (2) Requirements.--The data-sharing single hub established under paragraph (1)-- (A) shall-- (i) allow States to retain ownership of the data submitted by the States; (ii) provide a source of de-identified data that can be used for statistical, research, or educational purposes; (iii) allow State authorized users to access data from a PDMP of a covered State without requiring a user fee; and (iv) conform with the standards of the Prescription Monitoring Information Exchange; and (B) may not-- (i) distribute, in whole or in part, any PDMP data without the express written consent of the PDMP State authority; and (ii) limit, in whole or in part, distribution of PDMP data as approved by the PDMP State authority.

Prescription Drug Monitoring Act of 2017 This bill requires a state that receives grant funds under the prescription drug monitoring program (PDMP) or the controlled substance monitoring program to comply with specified requirements, including a requirement to share its PDMP data with other states. The Department of Justice (DOJ) or Department of Health and Human Services may withhold grant funds from a state that fails to comply. To facilitate data sharing among states, the bill directs DOJ to award a grant under the Comprehensive Opioid Abuse Grant Program to establish and maintain a data-sharing hub.

Prescription Drug Monitoring Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recycling Investment Saves Energy'' or the ``RISE Act''. SEC. 2. FINDINGS. The Senate finds the following: (1) Recycling means business in the United States, with more than 56,000 reuse and recycling establishments that employ over 1,100,000 people, generating an annual payroll of nearly $37,000,000,000, and grossing over $236,000,000,000 in annual revenues. In 2005, recycling scrap materials accounted for $15,700,000,000 in exports for the United States. On a per-ton basis, sorting and processing recyclables alone sustain 10 times more jobs than landfilling or incineration. (2) By reducing the need to extract and process virgin raw materials into manufacturing feedstock, reuse and recycling helps achieve significant energy savings. For example: (A) Taken together, the amount of energy wasted from not recycling aluminum and steel cans, paper, printed materials, glass, and plastic equals the annual output of 15 medium sized power plants. (B) The reuse of 500 steel drums per week yields 6 trillion Btu's per year, which is enough energy savings to power a city the size of Colorado Springs, Colorado, for 1 year. (3) Unfortunately, the United States recycling rate of many consumer commodities, including aluminum, glass, and plastic, are stagnant or declining, and businesses that rely on recycled feedstock are finding it difficult to obtain the quantity and quality of recycled materials needed. Increasingly, United States manufacturing facilities that rely on recycled feedstock are closing or forced to re-tool to use virgin materials. (4) The environmental impacts from reuse and recycling are significant. Increased reuse and recycling would produce significant environmental benefits, such as cleaner air, safer water, and reduced production costs. For example: (A) Between 2 and 5 percent of the waste stream is reusable. Reuse prevents waste creation and adverse impacts from disposal. (B) On a per-ton basis, recycling of: office paper prevents 60 pounds of air pollutants from being released, saves 7,000 gallons of water, and 3.3 cubic yards of landfill space; aluminum saves 10 cubic yards of landfill space; plastic saves 30 cubic yards of landfill space; glass prevents 7.5 pounds of air pollutants from being released and saves 2 cubic yards of landfill space; and steel saves 4 cubic yards of landfill space. (C) The manufacture of 100 percent recycled paperboard products uses significantly less fossil fuel than comparable products and is therefore a net reducer of greenhouse gases. And, for every 100 tons of recycled paperboard produced, 105 tons of material is prevented from going to the landfill, thus reducing landfill gases. (5) A national investment in the reuse and recycling industries is needed to preserve and expand America's reuse and recycling infrastructure. SEC. 3. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND RECYCLING PROPERTY. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following new subsection: ``(l) Special Allowance for Certain Reuse and Recycling Property.-- ``(1) In general.--In the case of any qualified reuse and recycling property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of the qualified reuse and recycling property, and ``(B) the adjusted basis of the qualified reuse and recycling property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified reuse and recycling property.--For purposes of this subsection-- ``(A) In general.--The term `qualified reuse and recycling property' means any reuse and recycling property-- ``(i) to which this section applies, ``(ii) which has a useful life of at least 5 years, ``(iii) the original use of which commences with the taxpayer after December 31, 2006, and ``(iv) which is-- ``(I) acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after December 31, 2006, but only if no written binding contract for the acquisition was in effect before January 1, 2007, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after December 31, 2006. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified reuse and recycling property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined without regard to paragraph (7) of subsection (g) (relating to election to have system apply). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(C) Special rule for self-constructed property.-- In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of clause (iv) of subparagraph (A) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after December 31, 2006. ``(D) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified reuse and recycling property shall be determined under this section without regard to any adjustment under section 56. ``(3) Definitions.--For purposes of this subsection-- ``(A) Reuse and recycling property.-- ``(i) In general.--The term `reuse and recycling property' means any machinery and equipment (not including buildings or real estate), along with all appurtenances thereto, including software necessary to operate such equipment, which is used exclusively to collect, distribute, or recycle qualified reuse and recyclable materials. ``(ii) Exclusion.--Such term does not include rolling stock or other equipment used to transport reuse and recyclable materials. ``(B) Qualified reuse and recyclable materials.-- ``(i) In general.--The term `qualified reuse and recyclable materials' means scrap plastic, scrap glass, scrap textiles, scrap rubber, scrap packaging, recovered fiber, scrap ferrous and nonferrous metals, or electronic scrap generated by an individual or business. ``(ii) Electronic scrap.--For purposes of clause (i), the term `electronic scrap' means-- ``(I) any cathode ray tube, flat panel screen, or similar video display device with a screen size greater than 4 inches measured diagonally, or ``(II) any central processing unit. ``(C) Recycling or recycle.--The term `recycling' or `recycle' means that process (including sorting) by which worn or superfluous materials are manufactured or processed into specification grade commodities that are suitable for use as a replacement or substitute for virgin materials in manufacturing tangible consumer and commercial products, including packaging.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2006. SEC. 4. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES. (a) In General.--Section 142 of the Internal Revenue Code of 1986 (defining exempt facility bond) is amended by adding at the end the following new subsection: ``(n) Solid Waste Disposal Facilities.-- ``(1) In general.--For purposes of subsection (a)(6) only, the term `solid waste disposal facilities' means any facility used to perform a solid waste disposal function. ``(2) Solid waste disposal function.-- ``(A) In general.--For purposes of this subsection only, the term `solid waste disposal function' means the collection, separation, sorting, storage, treatment, disassembly, handling, or processing of solid waste in any manner designed to dispose of the solid waste, including processing the solid waste into a useful energy source or product. ``(B) Extent of function.--For purposes of this subsection only, the solid waste disposal function ends at the later of-- ``(i) the point of final disposal of the solid waste, ``(ii) immediately after the solid waste is incinerated or otherwise transformed or processed to generate heat, and the resulting heat is put into a form such as steam in which such heat is in fact sold or used, or ``(iii) the point at which the solid waste has been converted into a material or product that can be sold in the same manner as comparable material or product produced from virgin material. ``(C) Functionally related and subordinate facilities.--For purposes of this subsection only, in the case of a facility used to perform both a solid waste disposal function and another function-- ``(i) the costs of the facility allocable to the solid waste disposal function are determined using any reasonable method based upon facts and circumstances, and ``(ii) if during the period that bonds issued as part of an issue described in subsection (a)(6) are outstanding with respect to any facility at least 65 percent of the materials processed in such facility are solid waste materials as measured by weight or volume, then all of the costs of the property used to perform such process are allocable to a solid waste disposal function. ``(3) Solid waste.--For purposes of this subsection only-- ``(A) In general.--The term `solid waste' means garbage, refuse, or discarded solid materials, including waste materials resulting from industrial, commercial, agricultural, or community activities. ``(B) Garbage, refuse or discarded solid materials.--For purposes of subparagraph (A), the term `garbage, refuse, or discarded solid materials' means materials that are useless, unused, unwanted, or discarded, regardless of whether or not such materials have value. ``(C) Exclusion.--The term `solid waste' does not include materials in domestic sewage, pollutants in industrial or other water resources, or other liquid or gaseous waste materials.''. (b) Effective Date.--The amendment made by this section shall apply to bonds issued before, on, or after the date of the enactment of this Act.

Recycling Investment Saves Energy or the RISE Act - Amends the Internal Revenue Code to allow: (1) a first-year tax deduction of 50% of the adjusted basis of qualified reuse and recycling property; and (2) tax-exempt bond financing for recycling facilities. Defines "qualified reuse and recycling property" as property placed in service after December 31, 2006, which has a useful life of at least five years and which is used exclusively to collect, distribute, or recycle certain scrap materials.

A bill to amend the Internal Revenue Code to allow a special depreciation allowance for reuse and recycling property and to provide for tax-exempt financing of recycling equipment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cane River National Heritage Area Reauthorization Act of 2008''. SEC. 2. CANE RIVER NATIONAL HERITAGE AREA. (a) Boundaries.--Section 401 of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-21) is amended-- (1) in subsection (b)-- (A) in paragraph (3), by striking ``and'' at the end; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) fostering compatible economic development; ``(5) enhancing the quality of life for local residents; and''; and (2) in subsection (c), by striking paragraphs (1) through (6) and inserting the following: ``(1) the area generally depicted on the map entitled `Revised Boundary of Cane National Heritage Area Louisiana', numbered 494/80021, and dated May 2008; ``(2) the Fort Jesup State Historic Site; and ``(3) as satellite site, any properties connected with the prehistory, history, or cultures of the Cane River region that may be the subject of cooperative agreements with the Cane River National Heritage Area Commission or any successor to the Commission.''. (b) Cane River National Heritage Area Commission.--Section 402 of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-22) is amended-- (1) in subsection (b)-- (A) by striking ``19'' and inserting ``23''; (B) in paragraph (4), by inserting ``the Natchitoches Parish Tourist Commission and other'' before ``local''; (C) in paragraph (7), by striking ``Concern Citizens of Cloutierville'' and inserting ``Village of Cloutierville''; (D) in paragraph (13), by striking ``are landowners in and residents of'' and inserting ``own land within the heritage area''; (E) in paragraph (16)-- (i) by striking ``one member'' and inserting ``2 members''; and (ii) by striking ``and'' at the end; (F) by redesignating paragraph (17) as paragraph (19); and (G) by inserting after paragraph (16) the following: ``(17) 2 members, 1 of whom represents African-American culture and 1 of whom represents Cane River Creole culture, after consideration of recommendations submitted by the Governor of Louisiana; ``(18) 1 member with knowledge of tourism, after consideration of recommendations by the Secretary of the Louisiana Department of Culture, Recreation and Tourism; and''. (2) in subsection (c)(4), by striking ``, such as a non- profit corporation,''; (3) in subsection (d)-- (A) in paragraph (5), by striking ``for research, historic preservation, and education purposes'' and inserting ``to further the purposes of title III and this title''; (B) in paragraph (6), by striking ``the preparation of studies that identify, preserve, and plan for the management of the heritage area'' and inserting ``carrying out projects or programs that further the purposes of title III and this title''; and (C) by striking paragraph (8) and inserting the following: ``(8) develop, or assist others in developing, projects or programs to further the purposes of title III and this title;''; and (4) in the third sentence of subsection (g), by inserting ``, except that if any of the organizations specified in subsection (b) ceases to exist, the vacancy shall be filled with an at-large member'' after ``made''. (c) Preparation of the Plan.--Section 403 of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-23) is amended by adding at the end the following: ``(d) Amendments.-- ``(1) In general.--An amendment to the management plan that substantially alters the purposes of the heritage area shall be reviewed by the Secretary and approved or disapproved in the same manner as the management plan. ``(2) Implementation.--The local coordinating entity shall not use Federal funds made available under this title to implement an amendment to the management plan until the Secretary approves the amendment.''. (d) Termination of Heritage Area Commission.--Section 404 of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-24) is amended-- (1) in subsection (a), by striking ``the day occurring 10 years after the first official meeting of the Commission'' and inserting ``August 5, 2025''; and (2) in the third sentence of subsection (c), by striking ``, including the potential for a nonprofit corporation,''.

Cane River National Heritage Area Reauthorization Act of 2008 - Amends the Cane River Creole National Historical Park and National Heritage Area Act to: (1) revise the boundaries of the Cane River National Heritage Area, Louisiana; (2) revise the duties of the Cane River National Heritage Area Commission; and (3) terminate such Commission on August 5, 2025 (under current law, on the day occurring 10 years after the first official meeting of the Commission).

A bill to reauthorize the Cane River National Heritage Area Commission and expand the boundaries of the Cane River National Heritage Area in the State of Louisiana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Savings and Investment Act of 2004''. SEC. 2. INCOME TAX ON QUALIFIED COMMUNITY LENDERS. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Qualified Community Lenders.-- ``(1) In general.--In the case of a qualified community lender, in lieu of the amount of tax under subsection (b), the amount of tax imposed by subsection (a) for a taxable year shall be the sum of-- ``(A) 15 percent of so much of the taxable income as exceeds $250,000 but does not exceed $1,000,000, and ``(B) the highest rate of tax imposed by subsection (b) multiplied by so much of the taxable income as exceeds $1,000,000. ``(2) Qualified community lender.--For purposes of paragraph (1), the term `qualified community lender' means a bank-- ``(A) which achieved a rating of `satisfactory record of meeting community credit needs', or better, at the most recent examination of such bank under the Community Reinvestment Act of 1977, ``(B) the outstanding local community loans of which at all times during the taxable year comprised not less than 60 percent of the total outstanding loans of that bank, ``(C) meets the ownership requirements of paragraph (3), and ``(D) at all times during the taxable year has total assets of not more than $1,000,000,000. ``(3) Ownership requirements.-- ``(A) In general.--The ownership requirements of this paragraph are met with respect to any bank if-- ``(i) no shares of, or other ownership interests in, the bank are publicly traded, or ``(ii) in the case of a bank the shares of which or ownership interests in which are publicly traded, the last known address of the holders of at least \2/3\ of all such shares or interests, including persons for whose benefit such shares or interests are held by another, is in the home State of the bank or a State contiguous to such home State. ``(B) Home state defined.--For purposes of subparagraph (A), the term `home State' means-- ``(i) with respect to a national bank or Federal savings association, the State in which the main office of the bank or savings association is located, and ``(ii) with respect to a State bank or State savings association, the State by which the bank or savings association is chartered. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Bank.--The term `bank'-- ``(i) has the meaning given to such term in section 581, and ``(ii) includes any bank-- ``(I) in which at least 80 percent of the shares of, or other ownership interests in, the bank are owned by other qualified community lenders, and ``(II) the sole purpose of which is to serve the banking needs of such lenders. ``(B) Local community loan.--The term `local community loan' means-- ``(i) any loan originated by a bank to any person, other than a related person with respect to the bank, who is a resident of a community in which the bank is chartered or in which it operates an office at which deposits are accepted, and ``(ii) any loan originated by a bank to any person, other than a related person with respect to the bank, who is engaged in a trade or business in any such community, to the extent that all or substantially all of the proceeds of such loan are expended in connection with the trade or business of such person in any such community. ``(C) Related person.--The term `related person' means, with respect to any bank, any affiliate of the bank, any person who is a director, officer, or principal shareholder of the bank, and any member of the immediate family of any such person.''. (b) S Corporation Income.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end the following: ``(j) Community Lender Income From S Corporation.-- ``(1) In general.--If a taxpayer has community lender income from a S corporation for any taxable year, the tax imposed by this section for such taxable year shall be the sum of-- ``(A) the tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by community lender income, or ``(ii) the lesser of-- ``(I) the amount of taxable income taxed at a rate below 25 percent, or ``(II) taxable income reduced by community lender income, and ``(B) a tax on community lender income computed at-- ``(i) a rate of zero on zero-rate community lender income, ``(ii) a rate of 15 percent on 15 percent community lender income, and ``(iii) the highest rate in effect under this section with respect to the taxpayer on the excess of community lender income on which a tax is determined under clause (i) or (ii). ``(2) Community lender income.--For purposes of paragraph (1)-- ``(A) In general.--The term `qualified community lender income' means taxable income (if any) of a qualified community lender (as defined in section 11(d)(2)) that is an S corporation, determined at the entity level. ``(B) Zero-rate community lender income.--The term `zero-rate community lender income' means the taxpayer's pro rata share of so much of community lender income as does not exceed $250,000. ``(C) 15 percent community lender income.--The term `15 percent community lender income' means the taxpayer's pro rata share of so much of community lender income as exceeds $250,000 but does not exceed $1,000,000. ``(D) Special rules.-- ``(i) For purposes of this paragraph, the taxpayer's pro rata share of community lender income shall be determined under part II of subchapter S. ``(ii) This subsection shall be applied after the application of subsection (h).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. EXCLUSION FROM INCOME TAXATION FOR INCOME DERIVED FROM BANKING SERVICES WITHIN DISTRESSED COMMUNITIES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 140A the following new section: ``SEC. 140B. BANKING SERVICES WITHIN DISTRESSED COMMUNITIES. ``(a) In General.--At the election of the taxpayer, gross income shall not include distressed community banking income. ``(b) Distressed Community Banking Income.--For purposes of subsection (a), the term `distressed community banking income' means net income of a qualified depository institution which is derived from the active conduct of a banking business in a distressed community. ``(c) Qualified Depository Institution.--For purposes of this section, an institution is a qualified depository institution if-- ``(1) such institution is an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), ``(2) such institution is located in, or has a branch located in, a qualified distressed community, and ``(3) as of the last day of the taxable year, at least 85 percent of its loans from its location within the qualified distressed community are local community loans (as defined in section 11(d)(4)(B)). ``(d) Distressed Community.--For purposes of this section, the term `distressed community' has the meaning given the term `qualified distressed community' by section 233 of the Bank Enterprise Act of 1991 (12 U.S.C. 1834a(b)).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 140A the following: ``Sec. 140B. Banking services within distressed communities.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Community Savings and Investment Act of 2004 - Amends the Internal Revenue Code to establish a separate corporate income tax rate for qualified community lenders of: (1) 15 percent of the amount of taxable income over $250,000 up to $1 million; and (2) the highest corporate tax rate imposed (currently 35%) for income over $1 million. Defines "qualified community lender" as a local community bank which: (1) achieved a satisfactory record of meeting community credit needs at its most recent Federal bank examination: (2) provided not less than 60 percent of its loans to its local community; (2) meets specified community ownership requirements; and (4) has total assets of not more than $1 billion. Reduces tax rates on certain subchapter S taxable income attributable to community lender income. Excludes from gross income distressed community banking income. Defines "distressed community banking income" as the net income of an FDA-insured bank which is derived from the active conduct of a banking business in a low-income, high unemployment community as defined by the Bank Enterprise Act of 1991.

A bill to amend the Internal Revenue Code of 1986 to encourage a strong community-based banking system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Consumer Bill of Rights Conforming Act of 1998''. SEC. 2. ASSURING ACCESS TO OBSTETRICIAN-GYNECOLOGISTS. Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended-- (1) by striking ``A Medicare+Choice organization'' and inserting ``Subject to paragraph (5), a Medicare+Choice organization'', and (2) by adding at the end the following new paragraph: ``(5) Assuring access to obstetrical and gynecological care.-- ``(A) In general.--If a Medicare+Choice organization requires or provides for an enrollee to designate a participating primary care provider-- ``(i) the organization shall permit such an individual to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider; and ``(ii) if such an individual has not designated such a provider as a primary care provider, the organization-- ``(I) may not require authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered, and ``(II) may treat the ordering of other gynecological care by such a participating physician as the authorization of the primary care provider with respect to such care under the Medicare+Choice plan. ``(B) Construction.--Nothing in subparagraph (A)(ii)(II) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of gynecological care so ordered.''. SEC. 3. ASSURING CONTINUITY OF CARE. Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(l) Assuring Continuity of Care.-- ``(1) In general.-- ``(A) Termination of provider.--If a contract between a Medicare+Choice organization and a health care provider is terminated (as defined in subparagraph (B)), or benefits or coverage provided by a health care provider are terminated because of a change in the terms of provider participation in a Medicare+Choice plan, and an individual who is an enrollee in the plan is undergoing a course of treatment from the provider at the time of such termination, the organization shall-- ``(i) notify the individual on a timely basis of such termination, and ``(ii) subject to paragraph (3), permit the individual to continue or be covered with respect to the course of treatment with the provider during a transitional period (provided under paragraph (2)). ``(B) Termination.--In this subsection, the term `terminated' includes, with respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract by the organization for failure to meet applicable quality standards or for fraud. ``(2) Transitional period.-- ``(A) In general.--Except as provided in subparagraphs (B) through (D), the transitional period under this paragraph shall extend for at least 90 days from the date of the notice described in paragraph (1)(A)(i) of the provider's termination. ``(B) Institutional care.--The transitional period under this paragraph for institutional or inpatient care from a provider shall extend until the discharge or termination of the period of institutionalization and also shall include institutional care provided within a reasonable time of the date of termination of the provider status if the care was scheduled before the date of the announcement of the termination of the provider status under paragraph (1))(A)(i) or if the individual on such date was on an established waiting list or otherwise scheduled to have such care. ``(C) Pregnancy.--If-- ``(i) an enrollee has entered the second trimester of pregnancy at the time of a provider's termination of participation, and ``(ii) the provider was treating the pregnancy before date of the termination, the transitional period under this paragraph with respect to provider's treatment of the pregnancy shall extend through the provision of post-partum care directly related to the delivery. ``(D) Terminal illness.--If-- ``(i) an enrollee was determined to be terminally ill (as determined under section 1861(dd)(3)(A)) at the time of a provider's termination of participation, and ``(ii) the provider was treating the terminal illness before the date of termination, the transitional period under this paragraph shall extend for the remainder of the individual's life for care directly related to the treatment of the terminal illness. ``(3) Permissible terms and conditions.--A Medicare+Choice organization may condition coverage of continued treatment by a provider under paragraph (1)(A)(ii) upon the provider agreeing to the following terms and conditions: ``(A) The provider agrees to accept reimbursement from the organization and individual involved (with respect to cost-sharing) at the rates applicable prior to the start of the transitional period as payment in full (or, in the case described in paragraph (1)(B), at the rates applicable under the replacement organization after the date of the termination of the contract with the organization) and not to impose cost-sharing with respect to the individual in an amount that would exceed the cost-sharing that could have been imposed if the contract referred to in paragraph (1)(A) had not been terminated. ``(B) The provider agrees to adhere to the quality assurance standards of the organization responsible for payment under subparagraph (A) and to provide to such organization necessary medical information related to the care provided. ``(C) The provider agrees otherwise to adhere to such organization's policies and procedures, including procedures regarding referrals and obtaining prior authorization and providing services pursuant to a treatment plan (if any) approved by the organization. ``(4) Construction.--Nothing in this subsection shall be construed to require the coverage of benefits which would not have been covered if the provider involved remained a participating provider.'' SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to Medicare+Choice organizations with respect to contracts with the Secretary of Health and Human Services for contract years beginning more than 90 days after the date of the enactment of this Act.

Medicare Consumer Bill of Rights Conforming Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to require a Medicare+Choice organization that requires or provides for an enrollee to designate a participating primary care provider to permit such an individual to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Declares that, if such an individual has not designated such a provider as a primary care provider, the organization: (1) may not require authorization or referral by the individual's primary care provider, or otherwise, for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered. Authorizes the organization to treat the ordering of other gynecological care by such a participating physician as the authorization of the primary care provider with respect to such care under the Medicare+Choice plan. Requires a Medicare+Choice organization to permit an enrollee undergoing a course of treatment from a health care provider when the contract between organization and provider is terminated to continue or be covered with respect to the course of treatment with the provider during a specified transitional period.

Medicare Consumer Bill of Rights Conforming Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Reform and Housing Act''. SEC. 2. SIMPLIFICATION OF THE USE OF FUNDS FOR HOUSING ASSISTANCE AND OTHER PURPOSES. (a) Supplemental Housing Benefits.--Section 404 of the Social Security Act (42 U.S.C. 604) is amended by adding at the end the following: ``(l) Use of Funds for Supplemental Housing Benefits.-- ``(1) In general.--A State to which a grant is made under section 403 may use the grant to provide supplemental housing benefits (as defined in paragraph (4)) to, or on behalf of, an individual eligible for assistance under the State program funded under this part, in order to carry out the purposes specified in section 401(a). ``(2) Not considered assistance.--Supplemental housing benefits (as so defined) shall not for any purpose, be considered assistance under the State program funded under this part. ``(3) Limitation on use of funds.--A State may not use any part of the funds made available under a grant made under section 403 to supplant existing State expenditures on housing- related programs. Notwithstanding the preceding sentence, a State may use such funds to supplement such State expenditures. ``(4) Definition of supplemental housing benefits.--In this subsection, the term `supplemental housing benefits' means payments made to, or on behalf of, an individual to reduce or reimburse the costs incurred by the individual for housing accommodations. ``(m) State Authority To Define Minor Housing Rehabilitation Costs.--A State to which a grant is made under section 403 may use the grant to provide grants, loans, or to otherwise pay the costs of minor rehabilitation of housing owned or rented by individuals eligible for assistance under the State program funded under this part, consistent with a definition of minor housing rehabilitation adopted by the State and incorporated into the State plan required under section 402(a).''. (b) Authority To Reserve Grant for Future Use.--Section 404(e) (42 U.S.C. 604(e)) is amended to read as follows: ``(e) Authority to Reserve Certain Amounts for Future Use.--A State or Indian tribe may reserve amounts paid to the State or Indian tribe under this part for a fiscal year for any allowable expenditures under this part without fiscal year limitation.''. SEC. 3. CONSIDERATION OF HOUSING-RELATED BARRIERS TO WORK AND SELF- SUFFICIENCY. (a) State Plan Requirement on Description of Housing Needs and Solutions.--Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at the end the following: ``(v) The document shall describe-- ``(I) the primary problems that families receiving assistance and families who have recently ceased to receive assistance under the State program funded under this part experience in securing and retaining adequate, affordable housing and the estimated extent of each such problem, including the price of such housing in various areas of the State that include a large proportion of recipients of assistance under the State program, and the steps that have been and will be taken by the State and other public or private entities, including community action partnership agencies, that administer housing or homelessness programs to address these needs; and ``(II) the methods the State has adopted to identify barriers to work posed by the living arrangement, housing cost, and housing location of individuals eligible for the State program funded under this part and the services and benefits that have been or will be provided by the State and other public or private entities to help families overcome such barriers.''. (b) Assessment of Housing Barriers to Work.--Section 408(b)(2)(A)(iv) of the Social Security Act (42 U.S.C. 608(b)(2)(A)(iv)) is amended by inserting ``, including the housing- related benefits or services that the State or other public or private entities, including community action partnership agencies, will provide to overcome barriers to work posed by the individual's living arrangement, housing cost, or housing location'' before the semicolon. (c) Improvement of Housing-Related Data Collection.-- (1) Inclusion in quarterly reports.--Section 411(a)(1)(A) of the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended-- (A) in clause (i), by inserting ``and city or other political jurisdiction'' after ``county''; (B) in clause (ix), by inserting ``and the type of subsidized housing received'' after ``subsidized housing''; and (C) by adding at the end the following: ``(xviii) From a sample of closed cases in which the family left due to employment, the city or other political jurisdiction of the employment and the employed individual's estimated travel time from the family's residence to the place of employment.''. (2) Development of data collection protocol.--The Secretary of Health and Human Services and the Secretary of Housing and Urban Development jointly shall develop a procedure for interagency data matching or other uniform data collection protocol to determine the type of subsidized housing received by families receiving assistance under the State programs funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and federally funded (including through the use of tax credits pursuant to section 42 of the Internal Revenue Code of 1986) or State-funded housing benefits. SEC. 4. COOPERATION AGREEMENTS WITH PUBLIC HOUSING AGENCIES FOR ECONOMIC SELF-SUFFICIENCY ACTIVITIES. Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Cooperation agreements with public housing agencies.-- ``(A) In general.--A State to which a grant is made under section 403 shall, directly or through appropriate agencies, enter into cooperation agreements with public housing agencies for economic self- sufficiency activities as required by section 12(d)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437j(d)(7)). Such cooperation agreements may include provisions on how-- ``(i) agencies administering funds provided under a grant made under section 403 will cooperate with public housing agencies to implement work incentive rent policies and Federal housing policies and programs to promote savings; ``(ii) public housing agencies will cooperate with agencies administering such funds to make residents of public housing and recipients of housing vouchers under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) that have ceased to receive assistance under the State program funded under this part aware of transitional services and benefits for which the residents or recipients may be eligible; and ``(iii) agencies will cooperate to assist recipients of housing vouchers under section 8(o) of such Act in locating housing that will help the recipients succeed at obtaining or retaining employment. ``(B) Private participation.--A State may invite private owners of federally assisted housing to participate in cooperation agreements under this paragraph.''. SEC. 5. INTERAGENCY DEMONSTRATION ON HOUSING WITH SERVICES FOR FAMILIES WITH MULTIPLE BARRIERS TO WORK. Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Grants for interagency demonstration on housing with services.-- ``(A) In general.--The Secretary and the Secretary of Housing and Urban Development (in this paragraph referred to as the `Secretaries') jointly shall award grants for the conduct and evaluation of demonstrations of different models to provide housing with services to promote the employment of parents and caretaker relatives who are eligible for a benefit or service under the State program funded under this part and who have multiple barriers to work, including lack of adequate housing. ``(B) Requirements.-- ``(i) Eligible recipients.--Grants shall be awarded under this paragraph on a competitive basis to States and organizations which have exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, including community and faith-based organizations. ``(ii) Location.--In awarding such grants, the Secretaries shall ensure that demonstrations are conducted in metropolitan and nonmetropolitan areas. ``(iii) Use of funds.-- ``(I) In general.--Funds provided under a grant awarded under this paragraph shall be used for the cost of implementation and evaluation of the demonstrations conducted with such funds. ``(II) Limitation on benefits or services to non-custodial parents.--Not more than 10 percent of the total amount of grant funds awarded to a State or organization under this paragraph may be used to provide benefits or services to noncustodial parents. ``(iv) Not considered assistance.--A benefit or service provided with funds made available under a grant awarded under this paragraph shall not for any purpose, be considered assistance under the State program funded under this part. ``(v) Duration; availability of funds.-- Funds provided under a grant awarded under this paragraph shall remain available for a period of 3 years after the date on which the grant is made. ``(C) Evaluation.--Not later than December 31, 2006, the Secretaries shall publish an evaluation of the demonstrations conducted under grants made under this paragraph. ``(D) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $50,000,000 for fiscal year 2003 for grants under this paragraph.''. SEC. 6. CONFORMING IMMIGRANT ELIGIBILITY FOR HOUSING ASSISTANCE WITH RULES APPLICABLE TO OTHER FEDERAL NEEDS-BASED ASSISTANCE. Section 214(a) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)) is amended-- (1) in paragraph (6), by striking ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following-- ``(8) an alien who is a qualified alien, as defined in subsection (b) of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641), including a battered alien or alien child who is described in subsection (c) of such section.''.

Welfare Reform and Housing Act - Amends title IV part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize States to use State Family Assistance Grants to provide: (1) supplemental housing benefits to, or on behalf of, an individual to reduce or reimburse the individual's costs for housing accommodations; and (2) grants, loans, or other payments for the costs of minor rehabilitation of housing owned or rented by TANF-eligible individuals.Requires State plans to describe: (1) the primary problems that families receiving assistance and families who have recently ceased receiving assistance experience in securing and retaining adequate affordable housing; and (2) the methods adopted to identify and remedy barriers to work posed by living arrangements, housing costs, and housing locations. Requires an individual responsibility plan to include housing-related benefits or services the State or other entities will provide to overcome those barriers.Requires the Secretary of Health and Human Services (Secretary) and the Secretary of Housing and Urban Development jointly to: (1) develop a uniform data collection and matching protocol to determine the type of subsidized housing received by families receiving assistance and federally- or State-funded housing benefits; and (2) award grants for the conduct and evaluation of demonstrations of different models to provide housing with services.Requires participating States to enter into cooperation agreements with public housing agencies for economic self-sufficiency activities. Authorizes States to invite private owners of federally assisted housing to participate in cooperation agreements.Authorizes the Secretary to make housing assistance available for certain qualified aliens, including battered aliens or their children.

A bill to reform the program of block grants to States for temporary assistance for needy families to help States address the importance of adequate, affordable housing in promoting family progress towards self-sufficiency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science, Technology, Engineering, and Mathematics Professional Readiness Education Preparation Act'' or the ``STEM PREP Act of 2015''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). SEC. 3. DEFINITIONS. Section 3 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (31) through (34) as paragraphs (32) through (35), respectively; (2) by inserting after paragraph (30) the following new paragraph: ``(31) STEM.--The term `STEM' means science, technology, engineering, or mathematics as determined by the Secretary.''; and (3) in paragraph (33) (as so redesignated), in the paragraph heading, by striking ``Tech prep'' and inserting ``STEM prep''. SEC. 4. STEM PREP PROGRAM. (a) Eligible Postsecondary Programs.--Section 203(a)(1)(B)(i) (20 U.S.C. 2373(a)(1)(B)(i)) is amended-- (1) in subclause (I)(aa), by striking ``2-year certificate program'' and inserting ``1-year or 2-year certificate program''; and (2) in subclause (II), by striking ``2-year apprenticeship'' and inserting ``1-year or 2-year apprenticeship''. (b) Duration.--Section 203(b) (20 U.S.C. 2373(b)) is amended by striking ``4- or 6-year'' and inserting ``3-year to 6-year''. (c) Contents of STEM Prep Program.--Section 203(c) (20 U.S.C. 2373(c)) is amended-- (1) in the subsection heading, by striking ``Tech Prep'' and inserting ``STEM Prep''; and (2) in paragraph (2)-- (A) in subparagraph (A)(ii)-- (i) by striking ``2 years'' each place it appears and inserting ``1 year''; and (ii) in subclause (I), by inserting after ``course of study'' the following: ``(which may be completed while a student is concurrently enrolled in a secondary school)''; and (B) by striking subparagraphs (B) through (G) and inserting the following new subparagraphs: ``(B) focuses on academic and professional training in STEM; ``(C) provides students with-- ``(i) technical skill proficiency, an industry-recognized credential, a certificate, or a degree in a STEM discipline; or ``(ii) not less than one semester of academic credits in STEM subjects that may be transferred to an accredited public institution of higher education in the State in which the program is located; ``(D) gives each student an opportunity to participate in a STEM-related internship or apprenticeship lasting not less than 4 months; ``(E) builds student competence in technical skills and in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965), as appropriate, through applied, contextual, and integrated instruction, in a coherent sequence of courses; and ``(F) leads to placement in high skill or high wage employment, or to further education;''. (d) Indicators of Performance and Accountability.--Section 203(e)(1) (20 U.S.C. 2373(e)(1)) is amended by adding at the end the following new subparagraph: ``(D) Such other indicators of performance as the Secretary determines to be appropriate.''. SEC. 5. CONSORTIUM APPLICATIONS. (a) Approval of Applications.--Section 204(c) (20 U.S.C. 2374(c)) is amended to read as follows-- ``(c) Approval.-- ``(1) In general.--The eligible agency shall approve applications under this title based on the potential of the activities described in the application to create an effective STEM prep program. ``(2) Consultation.--In selecting applications for approval under paragraph (1), the eligible agency shall seek input from industry experts and educators in STEM fields as appropriate.''. (b) Special Consideration.--Section 204(d) (20 U.S.C. 2374(d)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) showcase curricula that lead to greater critical thinking and problem solving skills in STEM by incorporating fine arts into the STEM prep program.''. (c) Matching Requirement.--Section 204 (20 U.S.C. 2374) is amended by adding at the end the following new subsection: ``(g) Matching Requirement.-- ``(1) In general.--To be eligible for a grant under this title a consortium shall agree to provide not less than 25 percent in matching funds from non-Federal sources. ``(2) Limitation.--Not more than 10 percent of such matching funds may be used to fund stipends for individuals participating in internships or apprenticeships under section 203(c)(2)(D).''. SEC. 6. EVALUATIONS AND REPORT. Section 205 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2375) is amended to read as follows: ``SEC. 205. EVALUATIONS AND REPORT. ``(a) Evaluations.--Each eligible agency that receives an allotment under this title shall annually prepare and submit to the Secretary a written evaluation of the effectiveness of the STEM prep programs assisted under this title, including a description of how grants were awarded within the State. ``(b) Report.--Using the evaluations described in subsection (a), the Secretary shall annually prepare a report comparing the effectiveness of the STEM prep programs assisted under this title and shall publish such report on a publicly accessible website of the Department of Education.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 206 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2376) is amended by striking ``fiscal year 2007'' and inserting ``fiscal year 2016''. SEC. 8. CONFORMING AMENDMENTS. The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended by striking ``tech prep'' each place it appears (including in headings and table of contents items) and inserting ``STEM prep'', in each case with the matter inserted to be in the same typeface and typestyle as the matter striken.

Science, Technology, Engineering, and Mathematics Professional Readiness Education Preparation Act or the STEM PREP Act of 2015 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to replace the TECH prep grant program with a STEM prep grant program for career and technical education programs focused on training students to enter the STEM (science, technology, engineering, or mathematics) fields. A grant-receiving consortium may include a nonprofit institution of higher education offering a one-year certificate program or a one-year apprenticeship program. The duration of a STEM program, currently 4- to 6-years, may extend from a 3-year to a 6-year length. Special consideration shall be given to consortium applications showcasing curricula that lead to greater critical thinking and problem solving skills by incorporating fine arts into the STEM prep program. A matching grant requirement is established for program eligibility.

STEM PREP Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mixed-Blood Ute Indian Tax Status Act''. SEC. 2. TAXES ON DISTRIBUTIONS. Section 17 of the Act of August 27, 1954 (68 Stat. 868; 25 U.S.C. 677p) is amended to read as follows: ``SEC. 17. TAXES ON DISTRIBUTIONS. ``(a) Distribution of Assets.-- ``(1) Tax status.--Except as provided in paragraph (2), the distribution of rents and royalties derived from real estate, or the oil, gas, or mineral interests contained therein, held in trust by the United States made under the provisions of this Act, either directly or through the Ute Distribution Corporation, to the mixed-blood members of the tribe, their Ute Indian heirs, or their Ute Indian legatees, shall not, at the time of such distribution, be subject to any Federal or State income tax. ``(2) Exception for cash distribution.--Any cash distribution made under this Act that consists of a share of any interest earned on funds deposited in the Treasury of the United States shall not by virtue of this Act be exempt from individual income tax in the hands of the recipients for the year in which paid. ``(3) Real property.-- ``(A) Initial 7-year period.-- ``(i) Subject to clause (ii), real property distributed to the mixed-blood members of the tribe pursuant to this Act shall be exempt from property taxes for a period of 7 years commencing August 27, 1954. ``(ii) The tax exemption provided for in clause (i) shall not apply if the original distributee parts with title to the real property, either by deed, descent, succession, foreclosure of mortgage, sheriff's sale, or other conveyance. A conveyance under the preceding sentence does not include a mortgage, hypothec, right-of-way, or other similar encumbrance. ``(B) After 7 years.--Real property and income derived therefrom, distributed to the mixed-blood members of the tribe, their heirs and legatees, under this Act, shall, after August 27, 1961, be subject to the same taxes, Federal and State, as in the case of non-Indians. ``(4) Tax status for the ute distribution corporation.-- ``(A) In general.--The Ute Distribution Corporation shall not be subject to Federal or State corporate income taxes. ``(B) Successor corporation.--For the purpose of this section, the term `Ute Distribution Corporation' includes any successor to such corporation, organized by the mixed-blood members of the tribe to-- ``(i) jointly manage, with the tribe, unadjudicated or unliquidated claims against the United States; and ``(ii) distribute to mixed-blood members of the tribe, their Ute Indian heirs, or their Ute Indian legatees, income derived from oil, gas, and mineral rights, and all other assets not susceptible to equitable and practicable distribution. ``(5) Basis.--The basis for determining gain or loss for income tax purposes for real property distributed under this Act shall be the fair market value of the real property on the date the title to such real property was transferred by the United States pursuant to this Act. ``(b) Refunds.-- ``(1) In general.-- ``(A) Unliquidated claims.--An unliquidated claim against the United States shall include any Federal income tax, penalty, or interest paid by the mixed- blood members of the tribe, their Ute Indian heirs, or Ute Indian legatees, with respect to distributions of income derived from oil, gas, and mineral rights, and all other assets not susceptible to equitable distribution, received by such members, heirs, or legatees after August 27, 1961, pursuant to the Act of August 27, 1954 (68 Stat. 868; 25 U.S.C. 677p). ``(B) Exception.--Cash distributions consisting of a share of any interest earned on funds deposited in the Treasury of the United States shall not constitute an unliquidated claim for the purposes of this subsection. ``(2) Procedure.--A claim described in paragraph (1) shall be payable in full by the United States to a mixed-blood member of the tribe, a Ute Indian heir, or a Ute Indian legatee, upon the filing of a claim or suit for refund under chapter 65 of the Internal Revenue Code of 1986. ``(3) Waiver of limitations.-- ``(A) In general.--Any provision of the Act of August 27, 1954, the Internal Revenue Code of 1986, or other Federal law relating to-- ``(i) limitations on claims or suits for refund; ``(ii) the amounts refundable pursuant to claims or suits for refund; or ``(iii) any interest payable on any tax, penalty, and interest refundable, is waived to the extent necessary to refund pursuant to this section any income tax, penalty, or interest paid after August 27, 1961. ``(B) Interest.--A refund pursuant to this subsection shall include interest calculated from the date that such income tax, penalty, or interest was paid to the Federal Government, at the interest rate applicable to refunds of Federal income taxes on the date of enactment of this Act.''.

Mixed-Blood Ute Indian Tax Status Act - Amends Federal law to exempt from Federal or State tax the distribution of rents and royalties from U.S. trust held real estate or related oil, gas, or mineral interests paid to mixed-blood members of the Ute Tribe, or their Ute heirs or legatees. Exempts the Ute Distribution Corporation from Federal and State corporate income taxes.

Mixed-Blood Ute Indian Tax Status Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Individuals with Disabilities Affected by Hurricane Katrina or Rita Act of 2005''. SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES. (a) Definitions.--In this section: (1) Affected state.--The term ``affected State'' means a State that contains an area, or that received a significant number of individuals who resided in an area, in which the President has declared that a major disaster exists. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of the Rehabilitation Services Administration. (3) Individual with a disability.--The term ``individual with a disability'' has the meaning given the term in section 7(20)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(A)). (4) Individual with a disability affected by hurricane katrina.--The term ``individual with a disability affected by Hurricane Katrina'' means an individual with a disability who resided on August 22, 2005, in an area in which the President has declared that a major disaster related to Hurricane Katrina exists. (5) Individual with a disability affected by hurricane rita.-- The term ``individual with a disability affected by Hurricane Rita'' means an individual with a disability who resided in an area on the date that was 7 days before the date on which the President declared that a major disaster related to Hurricane Rita exists in such area. (6) Major disaster.--The term ``major disaster'' means a major disaster declared by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), related to Hurricane Katrina or Rita. (b) Reallotments of Amounts.-- (1) In general.--In reallotting amounts to States under section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 730(b)(2)) for fiscal year 2005, the Commissioner shall give preference to affected States. (2) Waivers.--If the Commissioner reallots amounts under section 110(b)(2) of the Rehabilitation Act of 1973 to an affected State for fiscal year 2005, or returns to the State of Louisiana for fiscal year 2005 the funds that Louisiana had previously relinquished pursuant to section 110(b)(1) of that Act (29 U.S.C. 730(b)(1)) due to an inability to meet the non-Federal share requirements requiring Louisiana to contribute $3,942,821 for fiscal year 2005, the Commissioner may grant a waiver of non- Federal share requirements for fiscal year 2005 for the affected State or Louisiana, respectively. (3) Definition.--In this subsection, the term ``non-Federal share requirements'' means non-Federal share requirements applicable to programs under title I of such Act (29 U.S.C. 720 et seq.). (c) Use of Amounts Reallotted Under Title I of the Rehabilitation Act of 1973.--An affected State that receives amounts reallotted under section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 730(b)(2)) for fiscal year 2005 (as described in subsection (b)) or returned under subsection (b) may use the amounts-- (1) to pay for vocational rehabilitation services described in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) (which may include training, mentoring, or job shadowing opportunities), for individuals with disabilities affected by Hurricane Katrina or individuals with disabilities affected by Hurricane Rita, that contribute to the economic growth and development of communities; (2) to enable-- (A) individuals with disabilities affected by Hurricane Katrina to participate in reconstruction or other major disaster assistance activities in the areas in which the individuals resided on August 22, 2005; and (B) individuals with disabilities affected by Hurricane Rita to participate in reconstruction or other major disaster assistance activities in the areas in which the individuals resided on the date that was 7 days before the date on which the President declared that a major disaster related to Hurricane Rita exists in such areas; (3) to pay for vocational rehabilitation services described in section 103 of the Rehabilitation Act of 1973 for individuals with disabilities affected by Hurricane Katrina, or individuals with disabilities affected by Hurricane Rita, who do not meet the affected State's order of selection criteria for the affected State's order of selection under section 101(a)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(5)); or (4) to carry out other activities in accordance with title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). 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 House on September 28, 2005. The summary of that version is repeated here.) Assistance for Individuals with Disabilities Affected by Hurricane Katrina or Rita Act of 2005 - Provides vocational rehabilitation services to individuals with disabilities affected by Hurricane Katrina or Hurricane Rita. Directs the Commissioner of the Rehabilitation Services Administration, in realloting amounts to states under certain provisions of the Rehabilitation Act of 1973 (RA), to give preference to affected states that contain an area, or that received a significant number of individuals who resided in an area, in which the President has declared that a major disaster exists. Authorizes waiver of nonfederal share requirements in specified circumstances. Allows an affected state to use such reallotted funds for FY2005 to: (1) pay for vocational rehabilitation services for such individuals that contribute to economic growth and development of communities; (2) enable such individuals to participate in reconstruction or other major disaster assistance activities in the areas in which the individuals resided on certain dates; (3) pay for vocational rehabilitation services for such individuals who do not meet the affected state's order of selection criteria under RA; or (4) carry out other activities in accordance with title I of RA.

A bill to assist individuals with disabilities affected by Hurricane Katrina or Rita through vocational rehabilitation services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Relief Review Act''. SEC. 2. DETERMINATION AND CERTIFICATION OF WHETHER CERTAIN FOREIGN FINANCIAL INSTITUTIONS HAVE FACILITATED TRANSACTIONS OR PROVIDED SERVICES FOR COVERED PERSONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 5 years, the President shall-- (1) with respect to each foreign financial institution, including an Iranian financial institution, listed in Attachment 3 or Attachment 4 to Annex II of the Joint Comprehensive Plan of Action, determine whether the institution has, on or after January 30, 2016, knowingly facilitated a significant transaction or transactions or provided significant financial services for any person described in section 4; and (2) transmit to the appropriate congressional committees a certification of each determination with respect to a foreign financial institution, including an Iranian financial institution, made under paragraph (1). (b) Form.--A certification described in subsection (a)(2) shall be submitted in unclassified form, but may contain a classified annex. (c) Determination of Significant Transaction or Transactions and Significant Financial Services.--For purposes of this section, a transaction or transactions shall be determined to be significant and financial services shall be determined to be significant in accordance with section 561.404 of title 31, Code of Federal Regulations. SEC. 3. DETERMINATION AND CERTIFICATION OF WHETHER CERTAIN FOREIGN PERSONS HAVE SUPPORTED COVERED PERSONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 5 years, the President shall-- (1) with respect to each foreign person listed in Attachment 3 or Attachment 4 to Annex II of the Joint Comprehensive Plan of Action, determine whether the foreign person has, on or after January 30, 2016, knowingly, directly or indirectly, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of any person described in section 4; and (2) transmit to the appropriate congressional committees a certification of each determination with respect to a foreign person made under paragraph (1). (b) Form.--A determination described in subsection (a)(2) shall be submitted in unclassified form, but may contain a classified annex. SEC. 4. COVERED PERSONS. A person described in this section is-- (1) an organization that is designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (2) a foreign person the property or interests in property of which are blocked pursuant to-- (A) Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (B) Executive Order 13382 (June 28, 2005; relating to blocking property of weapons of mass destruction proliferators and their supporters); (C) Executive Order 13094 (July 28, 1998; relating to proliferation of weapons of mass destruction); (D) Executive Order 12938 (November 16, 1994; relating to proliferation of weapons of mass destruction); (E) Executive Order 13338 (50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria); (F) Executive Order 13399 (50 U.S.C. 1701 note; relating to blocking property of additional persons in connection with the national emergency with respect to Syria); (G) Executive Order 13460 (50 U.S.C. 1701 note; relating to blocking property of additional persons in connection with the national emergency with respect to Syria); (H) Executive Order 13572 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to human rights abuses in Syria); (I) Executive Order 13573 (50 U.S.C. 1701 note; relating to blocking property of senior officials of the Government of Syria); (J) Executive Order 13582 (50 U.S.C. 1701 note; relating to blocking property of the Government of Syria and prohibiting certain transactions with respect to Syria); (K) Executive Order 13608 Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria; (L) Executive Order 13606 Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology; (M) Executive Order 13553 Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses By The Government of Iran and Taking Certain Other Actions; or (N) any other Iranian person the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (3)(A) Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates; or (B) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in subparagraph (A). SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' has the meaning given the term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (2) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given such term in section 1010.605 of title 31, Code of Federal Regulations. (3) Foreign person.--The term ``foreign person''-- (A) means-- (i) a natural person who is not a United States person; (ii) a corporation, partnership, or other nongovernmental entity which is not a United States person; or (iii) any representative, agent or instrumentality of, or an individual working on behalf of a foreign government; but (B) does not include a foreign financial institution, including an Iranian financial institution, described in section 2(b). (4) Foreign terrorist organization.--The term ``foreign terrorist organization'' means any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (5) Iranian financial institution.--The term ``Iranian financial institution'' has the meaning given the term in section 104A(d)(3) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)(3)). (6) Joint comprehensive plan of action.--The term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action, agreed to at Vienna July 14, 2015, by Iran and by the People's Republic of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action, and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17; 129 Stat. 201). (7) Person.--The term ``person'' has the meaning given the term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (8) United states person.--The term ``United States person'' has the meaning given the term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

Iran Sanctions Relief Review Act This bill requires the President to transmit to Congress every six months for five years determinations and certifications of whether, on or after January 30, 2016: (1) specified foreign financial institutions, including Iranian financial institutions, have facilitated significant transactions or provided services for foreign terrorist organizations, sanctioned foreign persons, or Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates; and (2) specified foreign persons have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services for, any such persons or entities.

Iran Sanctions Relief Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Non-Coal Producing Company Relief Act''. SEC. 2. REDUCTION IN CONTRIBUTIONS OF CERTAIN PERSONS TO COAL MINERS COMBINED BENEFIT FUND. (a) In General.--Part II of subchapter B of chapter 99 of the Internal Revenue Code of 1986 (relating to financing of Combined Benefit Fund) is amended by inserting after section 9704 the following new section: ``SEC. 9704A. REDUCTIONS IN ANNUAL PREMIUMS OF CERTAIN ASSIGNED OPERATORS. ``(a) General Rule.--The annual premium of an assigned operator under section 9704(a) shall-- ``(1) in the case of an eligible small assigned operator, be reduced as provided in subsection (b), and ``(2) in any case in which there is a surplus in the Combined Fund to which subsection (c) applies, be reduced as provided in subsection (c). ``(b) Reductions for Eligible Small Assigned Operators.-- ``(1) In general.--If this subsection applies to an eligible small assigned operator for any plan year of the Combined Fund, the annual premium under section 9704(a) for such operator for such plan year shall not exceed 5 percent of the operator's average annual taxable income for purposes of chapter 1 for the 5-taxable year period ending with the operator's most recent taxable year ending before the beginning of the plan year. ``(2) Years to which subsection applies.-- ``(A) In general.--This subsection shall apply to any plan year of the Combined Fund-- ``(i) which begins before October 1, 1998, ``(ii) which begins after September 30, 1998, and before October 1, 2003, but only if the Combined Fund has a surplus as of the close of the plan year ending September 30, 1998, equal to or greater than $150,000,000, or ``(iii) which begins after September 30, 2003, but only if the Combined Fund has a surplus as of the close of the plan year ending September 30, 2003, equal to or greater than $100,000,000. ``(B) Coordination with surplus reductions.--This subsection shall not apply to any eligible small assigned operator for any plan year for which no annual premium is imposed on such operator by reason of subsection (c). ``(3) Eligible small assigned operators.--For purposes of this section-- ``(A) In general.--The term `eligible small assigned operator' means any assigned operator-- ``(i) the average annual gross income of which for purposes of chapter 1 for the 5- taxable year period ending with the operator's most recent taxable year ending before October 1, 1993, did not exceed $25,000,000, and ``(ii) which is not engaged in the production of coal for the plan year for which the determination is being made. For purposes of this subparagraph, production by a related person shall be treated as production by the assigned operator. ``(B) Production of coal.--For purposes of subparagraph (A), an assigned operator or related person shall be treated as engaged in the production of coal if it has employed employees in-- ``(i) the extraction of coal, or ``(ii) the preparation, processing, or changing of coal for sale. ``(4) Aggregation rules.--In determining gross income or taxable income for purposes of this section, an assigned operator and any related persons shall be treated as 1 person. ``(c) Reductions Based Upon Fund Surplus.-- ``(1) Assigned operators.--If, as of the close of any plan year ending after September 30, 1997, the Combined Fund has a surplus equal to or greater than 50 percent of the net expenses of the Combined Fund for the plan year, no annual premium shall be imposed under section 9704(a) on any eligible small assigned operator for the succeeding plan year. ``(2) Other operators.--If, as of the close of any plan year ending after September 30, 1997, the Combined Fund has a surplus equal to or greater than 100 percent of the net expenses of the Combined Fund for the plan year, the annual premium under section 9704(a) for the succeeding plan year of any assigned operator other than an eligible small assigned operator shall be reduced by an amount which bears the same ratio to the surplus in excess of 100 percent of the net expenses of the Combined Fund for the plan year as-- ``(A) such assigned operator's applicable percentage (expressed as a whole number), bears to ``(B) the sum of the applicable percentages (expressed as whole numbers) of all assigned operators other than eligible small assigned operators. ``(d) Overall Limitation.-- ``(1) In general.--In no event shall the total reductions in annual premiums payable to the Combined Fund under this section for any plan year exceed $5,000,000. ``(2) Calculation of reductions.--For purposes of paragraph (1), the total reductions in annual premiums for any plan year shall not include any reductions under this section in premiums payable by an eligible small assigned operator who, prior to the date of the enactment of this section, has not paid at least 50 percent of the premiums assessed such assigned operator for the period October 1, 1994, through June 30, 1995. ``(3) Ordering rule.--Any decrease in premium reductions under this section for any plan year by reason of paragraph (1) shall be applied first against the reductions under subsection (b) and then against reductions under subsection (c). Any such decreases shall be made ratably among operators. ``(e) Computation of Surplus.--For purposes of this section, any determination of a surplus in the Combined Fund-- ``(1) shall be calculated on an accrual basis, ``(2) shall be made and certified by an independent auditor retained by the trustees, and ``(3) once so certified, shall be reviewable by a court of law only to determine if such determination is reasonable. A determination shall be considered reasonable for purposes of paragraph (3) if it is made in accordance with generally accepted accounting principles and is based on assumptions which, in the aggregate, are reasonable.'' (b) Conforming Amendment.--The table of sections for part II of subchapter B of chapter 99 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 9704 the following new item: ``Sec. 9704A. Reductions in annual premiums of certain assigned operators.'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after January 31, 1993. SEC. 3. WAIVER OF PENALTIES. (a) In General.--In the case of an eligible small assigned operator (as defined in section 9704A(b)(3) of the Internal Revenue Code of 1986, as added by section 1), no penalty shall be imposed under section 9707 of such Code on any failure of such operator to pay any installment of a premium due under section 9704 of such Code before January 1, 1996, if the operator pays such installment before such date. For purposes of this subsection, the amount of the installment shall be determined after application of the amendments made by section 1. (b) Compliance.--An operator shall not be treated as failing to meet the requirements of subsection (a) with respect to any installment if-- (1) the failure to pay the installment before January 1, 1996, was due to reasonable cause and not to willful neglect, and (2) the failure is corrected within 90 days of the later of-- (A) notice of the failure, or (B) a final administrative or judicial determination of the amount of the installment which is not reviewable or appealable.

Small Non-Coal Producing Company Relief Act - Amends the Internal Revenue Code to: (1) limit annual premiums paid to the United Mine Workers of America Combined Benefit Fund by eligible small assigned operators; and (2) eliminate (for assigned operators) or reduce (for other operators) premiums for any year in which the Fund has a surplus over a certain level. Defines an eligible small assigned operator as one having a five-year average annual gross income under a specified amount and not being engaged in the production of coal for the year involved. Limits overall premium reductions under the amendments made by this Act.

Small Non-Coal Producing Company Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``World Language Advancement and Readiness Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The national security of the United States continues to depend on language readiness, in particular among the seventeen agencies of the Intelligence Community. (2) The levels of language proficiency required for national security necessitate long sequences of language training for personnel in the Intelligence Community and the Department of Defense. (3) The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries. (4) The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment. (5) The Federal Government also has an interest in taking actions to alleviate the problem of American students being inadequately prepared to meet the challenges posed by increasing global interaction among nations. (6) American elementary schools, secondary schools, colleges, and universities must place a new emphasis on improving the teaching of foreign languages, area studies, counterproliferation studies, and other international fields to help meet those challenges. SEC. 3. WORLD LANGUAGE ADVANCEMENT AND READINESS GRANTS. (a) Program Authority.--The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Education, shall carry out a program under which the Secretary of Defense makes grants, on a competitive basis, to State educational agencies and local educational agencies to pay the Federal share of the cost of innovative model programs providing for the establishment, improvement, or expansion of world language study for elementary school and secondary school students. (b) Duration.--Each grant under this Act shall be awarded for a period of 3 years. (c) Requirements for State and Local Educational Agencies.-- (1) Grants to state educational agencies.--In awarding a grant under subsection (a) to a State educational agency, the Secretary of Defense shall support programs that promote systemic approaches to improving world language learning in the State. (2) Grants to local educational agencies.--In awarding a grant under subsection (a) to a local educational agency, the Secretary of Defense shall support programs that-- (A) show the promise of being continued beyond the grant period; (B) demonstrate approaches that can be disseminated to and duplicated in other local educational agencies; and (C) may include a professional development component. (d) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share for each fiscal year shall be 50 percent. (2) Exception.--The Secretary of Defense may determine the Federal share for any local educational agency that the Secretary determines does not have adequate resources to pay the non-Federal share. (e) Allocation of Funds.-- (1) Not less than 75 percent of the funds made available to carry out this Act for a fiscal year shall be used for the expansion of world language learning in elementary schools. (2) Not less than 75 percent of the funds made available to carry out this Act for a fiscal year shall be used to support instruction in world languages determined by the Secretary of Defense to be critical to the national security interests of the United States. (3) The Secretary of Defense may reserve not more than 5 percent of funds made available to carry out this Act for a fiscal year to evaluate the efficacy of programs that receive grants under subsection (a) (f) Applications.-- (1) In general.--To be considered for a grant under subsection (a), a State educational agency or local educational agency shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information and assurances as the Secretary may require. (2) Special consideration.--The Secretary of Defense shall give special consideration to applications describing programs that-- (A) include intensive summer world language programs for professional development of world language teachers; (B) link nonnative English speakers in the community with the schools in order to promote two-way language learning; (C) promote the sequential study of a world language for students, beginning in elementary schools; (D) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, to promote world language study; (E) promote innovative activities, such as dual language immersion, partial world language immersion, or content-based instruction; and (F) are carried out through a consortium comprised of the agency receiving the grant, an elementary school or secondary school, and an institution of higher education (as that term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)). SEC. 4. DEFINITIONS. In this Act: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) World language.--The term ``world language'' means-- (A) any natural language other than English, including-- (i) languages determined by the Secretary of Defense to be critical to the national security interests of the United States; (ii) classical languages; (iii) American sign language; and (iv) Native American languages; and (B) any language described in subparagraph (A) that is taught in combination with English as part of a dual language or immersion learning program.

World Language Advancement and Readiness Act of 2017 This bill directs the Department of Defense to award three-year competitive grants to state and local educational agencies for the establishment, improvement, or expansion of world language (e.g., foreign language or American Sign Language) programs in elementary and secondary schools.

World Language Advancement and Readiness Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Equitably: Grandparents Aiding Children and Youth Act''. SEC. 2. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL FAMILIES. (a) In General.--The Secretary of Housing and Urban Development shall carry out a demonstration program to determine the feasibility of providing intergenerational dwelling units for intergenerational families in connection with the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). (b) Intergenerational Dwelling Units.--Under the demonstration program, the Secretary shall provide assistance under this section to private nonprofit organizations (as such term is defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)) for use only for expanding the supply of intergenerational dwelling units, which units shall be provided-- (1) by designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under such section 202; (2) through development of buildings or projects comprised solely of intergenerational dwelling units; or (3) through the development of an annex or addition to such an existing project assisted under such section 202, which contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier-free, energy-efficient, removable dwelling units located adjacent to a larger project or dwelling. (c) Program Terms.--Assistance provided pursuant to this section shall be subject to the provisions of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except that-- (1) notwithstanding subsection (d)(1) of such section or any provision of such section restricting occupancy to elderly persons, any intergenerational dwelling unit assisted under the demonstration program may be occupied as provided in subsection (e)(2) of this section; (2) subsections (e) and (f) of such section 202 (relating to applications and selection criteria) shall not apply; (3) in addition to the requirements under subsection (g) of such section 202, the Secretary of Housing and Urban Development shall ensure that occupants of dwelling units assisted under the demonstration program are provided a range of services tailored to the needs of elderly persons, children, and intergenerational families and shall coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services; and (4) the Secretary may waive or alter any other provision of such section 202 necessary to provide for assistance under the demonstration program under this section. (d) Selection.--The Secretary of Housing and Urban Development shall provide for private nonprofit organizations to submit applications for assistance under this section and, during the period consisting of fiscal years 2003 through 2006 shall, to the extent amounts are available pursuant to subsection (g), select not less than 2 and not more than 4 projects assisted under section 202 of the Housing Act of 1959 for such assistance based on the ability of the applicant to develop and operate intergenerational dwelling units and national geographical diversity among projects funded. (e) Definitions.--For purposes of this section: (1) Elderly person.--The term ``elderly person'' has the meaning given such term in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). (2) Intergenerational dwelling unit.--The term ``intergenerational dwelling unit'' means a qualified dwelling unit (as such term is defined in section 9 of this Act) that is reserved for occupancy only by an intergenerational family. (3) Intergenerational family.--The term ``intergenerational family'' means a covered family (as such term is defined in section 9 of this Act) that has a head of household who is an elderly person. (f) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress describing the demonstration program under this section and analyzing the effectiveness of the program. (g) Funding.--Of any amounts made available for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for each of fiscal years 2003 through 2006, the Secretary of Housing and Urban Development shall reserve amounts in such fiscal years as may be necessary to fund the demonstration projects selected under subsection (d). Such amounts shall be available for use only for providing assistance under this section. SEC. 3. DEMONSTRATION PROGRAM FOR RENTAL ASSISTANCE FOR GRANDPARENT- HEADED OR RELATIVE-HEADED FAMILIES. (a) In General.--The Secretary of Housing and Urban Development shall carry out a demonstration program to determine the feasibility of providing rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the rental of suitable dwelling units by covered families. (b) Eligible Units.--Under the demonstration program, the Secretary shall make rental assistance amounts reserved pursuant to subsection (f) of this section available to public housing agencies selected to participate in the program for use only for assistance on behalf of covered families renting qualified dwelling units. Such a public housing agency may not initially provide voucher assistance under this section for any family after the end of fiscal year 2006. (c) Services.--The Secretary of Housing and Urban Development shall require any public housing agency participating in the demonstration program under this section to provide, to covered families receiving rental assistance pursuant to the program, supportive services that are tailored to the needs of children and covered families. The Secretary shall coordinate with the heads of other Federal agencies as may be appropriate to assist in ensuring the provision of such services (d) Selection.--The Secretary of Housing and Urban Development shall provide for public housing agencies to apply to participate in the demonstration program under this section and, during the period consisting of fiscal years 2003 through 2006 shall, to the extent amounts are available pursuant to subsection (f), select not less than two and not more than four agencies for such participation based on the ability of the applicant to provide assistance and services under the program and national geographical diversity among agencies participating in the program. (e) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress describing the demonstration program under this section and analyzing the effectiveness of the program. (f) Funding.--Of any amounts made available for voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for fiscal year 2003 and fiscal years thereafter, the Secretary of Housing and Urban Development shall reserve such amounts in such fiscal years as may be necessary to provide voucher assistance for the agencies selected under subsection (d) for use only for providing assistance under this section. SEC. 4. ELIGIBILITY OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES FOR FAMILY UNIFICATION ASSISTANCE. Section 8(x) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 8'' and inserting ``this section''; (B) by striking ``and'' before ``(B)'' and inserting a comma; and (C) by inserting before the period at the end the following: ``, or (C) a covered family (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act), who is otherwise eligible for such assistance, for rental of a qualified dwelling unit (as such term is defined in such section 9)''; and (2) in the second sentence of paragraph (3)-- (A) by inserting ``, as appropriate (A)'' after ``containing''; and (B) by inserting before the period at the end the following: ``, or (B) a description of the need for assistance under this subsection for covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act)''. SEC. 5. ELIGIBILITY OF HOME PROGRAM ECHO UNITS FOR USE FOR GRANDPARENT- HEADED AND RELATIVE-HEADED FAMILIES. Section 104(8) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(8)) is amended by adding at the end the following new sentence: ``Such term also includes cottage housing opportunity units that are installed adjacent to existing 1- to 4-family dwellings, are occupied by children who are members of covered families, and facilitate the habitation of covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act) as a single family unit.''. SEC. 6. ASSISTANCE UNDER FAIR HOUSING INITIATIVES PROGRAM FOR EDUCATION AND OUTREACH REGARDING HOUSING OPPORTUNITIES FOR GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES. Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) education, outreach, counseling, and assistance programs designed to inform covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act) of affordable housing opportunities and services and to assist in obtaining such opportunities and services.''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(4) Housing programs for grandparent-headed and relative- headed families.--The Secretary shall provide funding to State and local governments and public and nonprofit organizations and institutions to carry out the activities under subsection (a)(3).''. SEC. 7. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES ISSUES. Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by adding at the end the following new subsection: ``(t) Training Regarding Issues Relating to Grandparent-Headed and Relative-Headed Families.--The Secretary shall ensure that all personnel employed in field offices of the Department who have responsibilities for administering the program under section 8 of the United States Housing Act of 1937 or under section 202 of the Housing Act of 1959, and an appropriate number of personnel in the headquarters office of the Department who have responsibilities for such programs, have received adequate training regarding the particular needs and problems of covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act), including appropriate affordable housing opportunities and legal custody issues.''. SEC. 8. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE- HEADED FAMILIES. (a) In General.--The Secretary of Housing and Urban Development and the Bureau of the Census shall jointly conduct a study to determine an estimate of the number of covered families in the United States and their affordable housing needs and shall submit a report to the Congress regarding the results of the study. (b) Report and Recommendations.--The report required under subsection (a) shall be submitted to the Congress not later than 12 months after the date of the enactment of this Act. The report shall include recommendations by the Secretary of Housing and Urban Development regarding how the major assisted housing programs of the Department of Housing and Urban Development (including the rental assistance and public housing programs under the United States Housing Act of 1937 and the supportive housing for the elderly program under section 202 of the Housing Act of 1959) can be used and, if appropriate, amended or altered, to meet the affordable housing needs of covered families. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Child.--The term ``child'' means an individual who-- (A) is not attending school and is not more than 18 years of age; or (B) is attending school and is not more than 19 years of age. (2) Covered family.--The term ``covered family'' means a family that-- (A) includes a child; and (B) has a head of household who is-- (i) a grandparent of the child who is raising the child; or (ii) a relative of the child who is raising the child. (3) Grandparent.--The term ``grandparent'' means, with respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted. (4) Qualified dwelling unit.--The term ``qualified dwelling unit'' means a dwelling unit that-- (A) has at least 2 separate bedrooms; (B) is equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and (C) is equipped with design features appropriate to meet the special physical needs of young children. (5) Raising a child.--The term ``raising a child'' means, with respect to an individual, that the individual-- (A) resides with the child; and (B) is the primary caregiver for the child-- (i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and (ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child. (6) Relative.--The term ``relative'' means, with respect to a child, an individual who-- (A) is not a parent of the child by blood or marriage; and (B) is a relative of the child by blood or marriage, regardless of the age of the individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a relative of the family who adopted the child.

Living Equitably: Grandparents Aiding Children and Youth Act - Directs the Secretary of Housing and Urban Development to carry out demonstration programs to provide: (1) intergenerational family housing in connection with the supportive housing program; and (2) section 8 rental assistance to grandparent-headed or relative-headed covered families.Makes such covered families eligible for the following programs: (1) family unification assistance under the United States Housing Act of 1937; (2) cottage housing opportunity units under the Cranston-Gonzalez National Affordable Housing Act; and (3) fair housing initiatives program education, and outreach under the Housing and Community Development Act of 1987.Amends the Department of Housing and Urban Development Act to provide Department of Housing and Urban Development personnel with training respecting covered family issues.

To provide affordable housing opportunities for families that are headed by grandparents and other relatives of children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Beneficiaries Protection Act''. SEC. 2. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary's alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (6)(B).''. (b) SSI Amendment.--Section 1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of subparagraph (D)(ii)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall make payment to the beneficiary or the beneficiary's alternative representative payee of an amount equal to the amount of such benefit so misused. The provisions of this subparagraph are subject to the limitations of subparagraph (F)(ii).''. (c) Effective Date.--The amendments made by this section shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 3. BONDING AND LICENSING REQUIREMENTS APPLICABLE TO NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(B) of the Social Security Act (42 U.S.C. 405(j)(4)(B)) is amended by striking ``is bonded or licensed in each State in which it serves as a representative payee'' and inserting ``provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State)''. (b) SSI Amendment.--Section 1631(a)(2)(D)(ii)(I) of such Act (42 U.S.C. 1383(a)(2)(D)(ii)(I)) is amended to read as follows: ``(I) provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State); and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the thirteenth month beginning after the date of enactment of this Act. SEC. 4. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY QUALIFIED ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(A) of the Social Security Act (42 U.S.C. 405(j)(4)(A)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (iii), a qualified organization''; and (2) by adding at the end the following new clause: ``(iii) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of paragraphs (5) and (6).''. (b) SSI Amendment.--Section 1631(a)(2)(D) of such Act (42 U.S.C. 1383(a)(2)(D)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (v), a qualified organization''; and (2) by adding at the end the following new clause: ``(v) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of subparagraphs (E) and (F).''. (c) Effective Date.--The amendments made by this section shall apply to any month involving benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 5. LIABILITY OF NONGOVERNMENTAL REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. (a) OASDI Amendment.--Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and inserting after paragraph (5) the following new paragraph: ``(6)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this subsection, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(B) The total of the amount certified to such individual or the individual's alternative representative payee under subparagraph (A) and the amount certified under paragraph (5) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (b) SSI Amendment.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and inserting after subparagraph (E) the following new subparagraph: ``(F)(i) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this paragraph, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(ii) The total of the amount paid to such individual or the individual's alternative representative payee under clause (i) and the amount paid under subparagraph (E) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (c) Effective Date.--The amendments made by this section shall apply to benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 6. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY. (a) In General.--Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended-- (1) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' and ``(ii)'', respectively; (2) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; (3) by striking ``(2)'' and inserting ``(B)''; and (4) by adding at the end the following new paragraph: ``(2) Any person (including an organization, agency, or other entity (other than a State or local government agency)) who having received, while acting in the capacity as representative payee pursuant to section 205(j) or section 1631(a)(2), a payment under title II or title XVI for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each such violation.''. (b) Conforming Amendments.-- (1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a- 8(b)(3)(A)) is amended by striking ``charging fraud or false statements''. (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a- 8(c)(1)) is amended by striking ``and representations'' and inserting ``, representations, or actions''. (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a- 8(e)(1)(A)) is amended by striking ``statement or representation referred to in subsection (a) was made'' and inserting ``violation occurred''. (c) Effective Date.--The amendments made by this section shall be effective with respect to violations committed after the date of enactment of this Act.

Social Security Beneficiaries Protection Act - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) with regard to: (1) authority to reissue OASDI and SSI benefits misused by organizational representative payees; (2) bonding and licensing requirements applicable to nongovernmental organizational representative payees; (3) fee forfeiture in case of benefit misuse by qualified organizational representative payees; and (4) liability of nongovernmental representative payees for misused benefits.Amends SSA title XI part A (General Provisions) to extend civil monetary penalty authority for SSA titles II and XVI with respect to representative payees who misuse and convert a payment under such titles to unauthorized uses.

A bill to amend the Social Security Act to provide additional safeguards for beneficiaries with representative payees under the Old-Age, Survivors, and Disability Insurance program or the Supplemental Security Income program.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cuba Human Rights Act of 2015''. (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. Sense of Congress. Sec. 4. Statement of policy. Sec. 5. United States public diplomacy. Sec. 6. Religious freedom. Sec. 7. Trafficking in persons. Sec. 8. Support for the Cuban people. Sec. 9. Annual report. SEC. 2. FINDINGS. Congress finds the following: (1) United States foreign policy towards the Government of Cuba is governed by a variety of Federal laws, including the Trading with the Enemy Act of 1917, the International Claims Act of 1949, the Foreign Assistance Act of 1961, the Cuban Assets Control Regulations of 1963, the International Economic Powers Act of 1977, the Food Security Act of 1985, the Internal Revenue Code of 1986, the Cuban Democracy Act of 1992, the Cuban Liberty and Democratic Solidarity Act of 1996, the Department of Commerce and Related Agencies Appropriations Act of 1999, and the Trade Sanctions Reform and Export Enhancement Act of 2000. (2) Since 1961, it has been the stated policy of the United States to institute a commercial and economic embargo against the Government of Cuba, supported and buttressed by the Federal laws referred to in paragraph (1), with the Cuban Assets Control Regulations of 1963 being the principal means through which the United States enforces its embargo against Cuba. These Federal laws and related regulations regulate commerce, trade, travel, and telecommunications with Cuba. (3) The Cuban regime, which is effectively synonymous with the Communist Party of Cuba, forbids public challenge to the legitimacy of its single-party rule, and restricts freedom of assembly, association, expression, press, religion, and speech, as well as tightly limits access to the Internet and telecommunications. This includes attempts to jam access to the Internet and the signals of some foreign radio and television stations, including the United States sponsored Radio y Televisioon Martii. (4) The Government of Cuba continues to harbor fugitives wanted in the United States, such as Joanne Chesimard, who is on the top of the Federal Bureau of Investigation's Most Wanted Terrorist List. Chesimard, also known as Assata Shakur, was convicted of murdering New Jersey State trooper Werner Foerster. After escaping prison, Chesimard fled to Cuba, where Fidel Castro granted her political asylum. This deplorable failure to extradite has caused ongoing suffering and stress to Mr. Foerster's surviving family and friends. (5) The Government of Cuba continues to detain, imprison, place under house arrest, convict, or otherwise restrict its citizens for peacefully expressing any dissenting political views, deny workers the right of free association and the related right to organize and collectively bargain outside the state monopoly on power, and limit freedom of religion, restrict the operations of independent religious organizations, and persecute believers whose religious activities or views the Government of Cuba regards as a potential threat to its monopoly on power. (6) The Government of Cuba, through its Office of Religious Affairs of the Central Committee of the Communist Party of Cuba and the Ministry of Justice, controls all religious activity on the island and often represses religious freedom, including the harassment, beating, detainment, and jailing of individuals involved in religious activities, typically on a weekly basis. The Government of Cuba also unjustly uses treason laws to repress religious freedom by accusing religious peoples of being ``counter-revolutionaries'' and then illegally harassing, beating, detaining, and jailing them. (7) Individuals arrested by the Government of Cuba because of their political or religious affiliations and activities are not accorded due legal process as they lack full access to lawyers of their choice, may experience closed trials, have often been detained for years without trial, and have been subjected to the use of torture to admit to crimes that they did not commit or to falsely denounce others. (8) Cuba continues to be a destination country for the commercial sexual exploitation of women and young girls in the form of sex tourism, as well as a source country for the forced labor of individuals who subsequently face conditions of debt bondage or forced labor. (9) The United Nations Commission on Human Rights and several Latin American countries have passed resolutions condemning the human rights abuses of the Government of Cuba. (10) In anticipation of the Summit of the Americas in Panama, on April 8, 2015, persons affiliated with the Castro regime attacked Cuban pro-democracy activists Jorge Luis Garcia Perez ``Antunez'', Yris Perez Aguilera, Juan Carlos Gonzaalez Leyva, Leticia Ramos Herreriia, and Rolando Rodriiguez Lobaina and United States citizens Orlando Gutierrez, Silvia Iriondo, and Gus Monge during a peaceful gathering. (11) According to media reports, Colonel Alexis Frutos Weeden, who is the head of Cuban intelligence in Venezuela, was identified as one of the assailants in Panama who attacked the Cuban pro-democracy activists and United States citizens. (12) Despite the continued presence of these aggravating circumstances, President Obama recently announced his intention to comprehensively modify and normalize relations between the United State and Cuba, all without the advice and consent of Congress or with any attempt to amend or modify the myriad of Federal laws and regulations that govern the United States-Cuba relationship or the related embargo. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States-Cuba relationship should not be changed, nor should any Federal law or regulation be amended, until the Government of Cuba ceases violating the human rights of the people of Cuba. SEC. 4. STATEMENT OF POLICY. It should be the policy of the United States to-- (1) continue to vigorously oppose and denounce the human rights violations of the Government of Cuba; (2) maintain the status quo of Federal law with respect to the Government of Cuba, including sanctions and embargo, on the Government of Cuba so long as it continues to violate the human rights of the people of Cuba, and to deny the Government of Cuba any embassy or consulates in the United States due to security concerns stemming from past illicit espionage activities; (3) seek the cooperation of other democratic countries in this policy; (4) make clear to other countries that, in determining its relations with them, the United States will take into account their willingness to cooperate in such a policy; and (5) not amend the Federal laws and regulations referred to in section 2(1) and not reduce the sanctions against the Government of Cuba until the Government of Cuba ceases violating and, in fact, protects, the human rights of the people of Cuba, including-- (A) releasing all political and religious prisoners; (B) respecting the right to freedom of religion, including the right to participate in religious activities and institutions without interference, harassment, or involvement of the Government of Cuba for all of Cuba's religious communities; (C) returning estates and properties confiscated from churches and religious communities; (D) respecting the right to freedom of assembly, association, expression, press, and speech, including releasing all independent journalists, bloggers, and democracy and labor activists; (E) repealing or revising laws that criminalize peaceful dissent, independent media, unsanctioned religious activity, and nonviolent demonstrations and rallies, in accordance with international standards and treaties to which Cuba is a party; (F) allowing Cuban nationals free and open access to United States refugee programs; (G) respecting the human rights of members of all racial and ethnic minorities, including Afro-Cubans, who face discrimination; (H) taking all appropriate steps to end any complicity of officials of the Government of Cuba or companies wholly or partly owned or controlled by the Government of Cuba in human rights violations, including severe forms of trafficking in persons, and vigorously investigating, prosecuting, convicting, and sentencing such officials and the complicit individuals in such companies for such conduct; (I) satisfying, to the satisfaction of the individual claims holders, all claims outstanding under the International Claims Act of 1949 and the Cuban Liberty and Democratic Solidarity Act of 1996, which now total roughly $7 billion; (J) returning all fugitives from justice convicted in the United States of crimes, including Joanne Chesimard, Guillermo Morales, Victor Manuel Gerena, and Charles Hill; and (K) ceasing the sponsorship of terrorist organizations abroad or otherwise giving support and refuge to such terrorist organizations, including the Fuerzas Armadas Revolucionarias (FARC) of Colombia, the Basque separatist group Euskadi Ta Askatasuna (ETA), and the Fuerzas Armadas de Liberacioon Nacional (FALN) of the Commonwealth of Puerto Rico. SEC. 5. UNITED STATES PUBLIC DIPLOMACY. (a) Radio Y Televisioon Martii Transmissions to Cuba.--It is the sense of Congress that the United States should take all necessary measures to overcome the jamming of all radio and television signals of the Radio y Televisioon Martii by the Government of Cuba and that the Broadcasting Board of Governors should not cut staffing, funding, or broadcast hours for Radio y Televisioon Martii. (b) United Nations Human Rights Council.--It is the sense of Congress that if the conditions described in section 4 are not met, the United States Permanent Representative to the United Nations should strongly oppose, and encourage other Member States of the United Nations to strongly oppose, Cuba's continued membership on the United Nations Human Rights Council which acts as an affront to the legitimacy of such Council. SEC. 6. RELIGIOUS FREEDOM. It is the sense of Congress that if the conditions described in subparagraph (B) of section 4(5) are not met, Cuba should be designated as a country of particular concern for religious freedom pursuant to subsection (b) of section 402 of the International Religious Freedom Act of 1998 (22 U.S.C. 6442). SEC. 7. TRAFFICKING IN PERSONS. It is the sense of Congress that the annual report to Congress required under paragraph (1) of section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101(b); Public Law 106-386) should include an in-depth analysis of the facilitation of or involvement in severe forms of human trafficking by any type of official of the Government of Cuba or of companies wholly or partially owned by the Government of Cuba, including whether such officials or companies were involved in providing minors for commercial sex in the tourism industry. SEC. 8. SUPPORT FOR THE CUBAN PEOPLE. Nothing in this Act may be construed as-- (1) prohibiting the donation of food to nongovernmental organizations or individuals in Cuba; (2) restricting the export of medicine or medical supplies, instruments, or equipment to Cuba as specified in the Cuban Democracy Act of 1992 or any other applicable Federal law; (3) abrogating any requirement that the exports described in paragraph (2) be verified in conformity with the Cuban Democracy Act of 1992 or any other applicable federal law; or (4) prohibiting or restricting any other form of assistance specified in the Cuban Democracy Act of 1992, including telecommunications, mail, and support for democracy. SEC. 9. ANNUAL REPORT. (a) In General.--Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to Congress a report on the following: (1) Whether the conditions described in subparagraphs (A) through (K) of section 4(5) have been met, as applicable. (2) Efforts by the United States to promote access by the Cuban people to Radio y Televisioon Martii transmissions. (3) Lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of Cuba due to their pursuit of internationally recognized human rights. In compiling such lists, the Secretary shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on such lists and their families, but if such persons are not identified by name then they shall disclosed in camera to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate if requested. In addition, the Secretary shall include a list of such persons and their families who may qualify for protections under United States refugee programs. (4) A description of the development of the rule of law in Cuba, including information on the following: (A) Progress toward the development of institutions of democratic governance. (B) Processes by which statutes, regulations, rules, and other legal acts of the Government of Cuba are developed and become binding within Cuba. (C) The extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Cuba are published and are made accessible to the public. (D) The extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of Cuba. (E) The extent to which individuals are treated equally under the laws of Cuba without regard to citizenship, race, religion, political opinion, or current or former associations. (F) The extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction. (G) The extent to which laws in Cuba are written and administered in ways that are consistent with international human rights standards, including the rights enumerated in the International Covenant on Civil and Political Rights. (b) Contacts With Other Organizations.--In preparing the reports required under subsection (a), the Secretary of State shall seek out and maintain contacts with nongovernmental organizations and human rights advocates (including Cuban-Americans and human rights advocates in Cuba), in order to receive and evaluate reports and updates from such advocates and organizations. The Secretary shall also consult with the United States Commission on International Religious Freedom when preparing such reports and make all efforts to accommodate the Commission's input in the final version of such reports.

Cuba Human Rights Act of 2015 This bill expresses the sense of Congress that: the United States-Cuba relationship should not be changed, nor should any federal law or regulation be amended, until the government of Cuba ceases violating the human rights of the people of Cuba; the United States should overcome the jamming of radio and television signals of the Radio y Television Marti by the government of Cuba, and that the Broadcasting Board of Governors should not cut staffing, funding, or broadcast hours for Radio y Television Marti; if certain human rights conditions are not met the U.S. Permanent Representative to the United Nations (U.N.) should oppose and encourage other U.N. members to oppose Cuba's continued membership on the United Nations Human Rights Council; and the annual trafficking victims report to Congress should include an in-depth analysis of the facilitation of or involvement in severe forms of human trafficking by any official of the government of Cuba or of companies wholly or partially owned by the government of Cuba. Nothing in this Act may be construed as: prohibiting the donation of food to nongovernmental organizations or individuals in Cuba; restricting the export of medicine or medical supplies to Cuba, or abrogating any requirement that such exports be verified in conformity with the Cuban Democracy Act of 1992 or any other applicable federal law; or prohibiting or restricting any other form of assistance specified in the Cuban Democracy Act of 1992, including telecommunications, mail, and support for democracy.

Cuba Human Rights Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the 185-acre Fallen Timbers Battlefield is the site of the 1794 battle between General Anthony Wayne and a confederation of Native American tribes; (2) Fort Meigs was constructed in January 1813, following the defeat of American troops commanded by James Winchester at the battle of Frenchtown near Monroe, Michigan; (3) British troops, led by General Henry Proctor, landed at Fort Miamis in the spring of 1813 and attacked the fort twice, without success; (4) Fort Meigs State Memorial is located in Wood County, Ohio, in the city of Perrysburg; (5) Fort Miamis and the Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee; (6) the 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark; (7) in 1969, Fort Meigs was listed on the National Register of Historic Places and designated as a National Historic Landmark; (8) Fort Miamis is listed in the National Register of Historic Places as a historic site; (9) in 1959, the Battle of Fallen Timbers was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''; and (10) in 1960, the Battle of Fallen Timbers was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are-- (1) to recognize and preserve the 185-acre Fallen Timbers Battlefield site; (2) to formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis and Fort Meigs; (3) to preserve and interpret United States military history and Native American culture during the period from 1794 through 1813; (4) to provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State, in implementing the Stewardship Plan and developing programs that will preserve and interpret the historical, cultural, natural, recreational, and scenic resources of the historical site; and (5) to authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State (including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, and the Metropark District of the Toledo Area) in implementing the Stewardship Plan. SEC. 3. DEFINITIONS. In this Act: (1) Historical site.--The term ``historical site'' means the Fallen Timbers Battlefield and Monument, Fort Meigs, and Fort Miamis National Historical Site established by section 4. (2) Management entity.--The term ``management entity'' means the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, the Metropark District of the Toledo Area, and any other entity designated by the Governor of Ohio. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Stewardship plan.--The term ``Stewardship Plan'' means the management plan developed by the management entity. (5) Technical assistance.--The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 4. FALLEN TIMBERS BATTLEFIELD, FORT MEIGS, AND FORT MIAMIS NATIONAL HISTORICAL SITE. (a) Establishment.--There is established in the State of Ohio the Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site. (b) Boundaries.-- (1) In general.--The historical site comprises the Fallen Timbers 185-acre battlefield site and 9-acre battlefield monument, the 66.2-acre Fort Meigs State Memorial site, and the Fort Miamis site. (2) Map.--The Secretary shall prepare a map of the historical site, which shall be on file and available for public inspection in the office of the Director of the National Park Service. (3) Fallen timbers site.--The Fallen Timbers site generally comprises a 185-acre parcel northeast of U.S. 24, west of U.S. 23/I-475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (4) Consent of local property owners.--No privately owned property or property owned by a municipality shall be included within the boundaries of the historical site unless the owner of the property consents to the inclusion. SEC. 5. WITHDRAWAL OF DESIGNATION. (a) In General.--The historical site shall remain a National historical site unless-- (1) the Secretary determines that-- (A) the use, condition, or development of the historical site is incompatible with the purposes of this Act; or (B) the management entity of the historical site has not made reasonable and appropriate progress in preparing or implementing the Stewardship Plan for the historical site; and (2) after making a determination under paragraph (1), the Secretary submits to Congress notification that the historical site designation should be withdrawn. (b) Public Hearing.--Before the Secretary makes a determination under subsection (a)(1), the Secretary shall hold a public hearing in the historical site. (c) Time of Withdrawal of Designation.-- (1) Definition of legislative day.--In this subsection, the term ``legislative day'' means any calendar day on which both Houses of Congress are in session. (2) Time period.--The withdrawal of the historical site designation shall become final 90 legislative days after the Secretary submits to Congress the notification under subsection (a)(2). SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Duties and Authorities of the Secretary.-- (1) Technical assistance.-- (A) In general.--The Secretary may provide technical assistance regarding the Stewardship Plan and its implementation to the State of Ohio, a political subdivision of the State, a nonprofit organization in the State, or any other person on a request by the management entity. (B) Prohibition of certain requirements.--The Secretary may not, as a condition of the award of technical assistance under this section, require any recipient of the technical assistance to enact or modify land use restrictions. (C) Determinations regarding assistance.-- (i) Decision by secretary.--The Secretary shall decide if the historical site shall be awarded technical assistance and the amount, if any, of the assistance. (ii) Standard.--A decision under clause (i) shall be based on the degree to which the historical site effectively fulfills the objectives contained in the Stewardship Plan and achieves the purposes of this Act. (2) Development of Stewardship Plan.--The Secretary may assist in development of the Stewardship Plan. (3) Provision of information.--In cooperation with other Federal agencies, the Secretary shall provide the public with information regarding the location and character of the historical site. (b) Duties of Other Federal Agencies.--Any Federal agency conducting an activity directly affecting the historical site shall consider the potential effect of the activity on the Stewardship Plan and shall consult with the management entity of the historical site with respect to the activity to minimize the adverse effects of the activity on the historical site. SEC. 7. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) No Effect on Authority of Governments.--Nothing in this Act modifies, enlarges, or diminishes the authority of any Federal, State, or local government to regulate the use of land by law (including regulations). (b) No Zoning or Land Use Powers.--Nothing in this Act grants any power of zoning or land use control to the management entity of the historical site. (c) No Effect On Local Authority or Private Property.--Nothing in this Act affects or authorizes the management entity to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Ohio or a political subdivision of the State. SEC. 8. FISHING, TRAPPING, AND HUNTING. (a) No Diminishment of State Authority.--Establishment of the historical site does not diminish the authority of the State to manage fish and wildlife, including the regulation of fishing, hunting, and trapping in the historical site. (b) No Conditioning of Approval and Assistance.--Neither the Secretary nor any other Federal agency may make a limitation on fishing, hunting, or trapping-- (1) a condition of the determination of eligibility for assistance under this Act; or (2) a condition for the receipt, in connection with the historical site, of any other form of assistance from the Secretary or the agency, respectively.

Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site in Ohio. Withdraws the Site from such designation if the Secretary of the Interior determines and notifies the Congress that: (1) its use, condition, or development is incompatible with the purposes of this Act; or (2) its management entity has not made reasonable and appropriate progress in preparing or implementing the Stewardship Plan for the Site. Authorizes the Secretary to: (1) provide technical assistance regarding such Plan and its implementation to Ohio, such State's political subdivision, nonprofit organization, or any other person on a request by the management entity; and (2) assist in the Plan's development. Prohibits: (1) as a condition of such technical assistance, the Secretary from requiring any recipient to enact or modify land use restrictions; and (2) the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.

Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site Act

SECTION 1. SHORT TITLE. This section may be cited as the ``Loan Forgiveness for Certified Teachers Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) effective elementary schools and secondary schools require competent teachers and strong leadership; (2) local educational agencies would benefit greatly by increasing the pool of qualified individuals from which to recruit teachers; (3) many talented professionals who have demonstrated a high level of subject matter knowledge outside the education profession may wish to pursue careers in education, but have not fulfilled the requirements to be certified or licensed as teachers; and (4) loan forgiveness programs and other programs that encourage such professionals and other interested persons to become certified or licensed teachers would allow local educational agencies to utilize the expertise of such professionals and interested persons, and improve the pool of qualified individuals available to local educational agencies. SEC. 3. PURPOSE. The purpose of this Act is to improve the supply of well-qualified elementary school and secondary school teachers by encouraging and assisting interested persons in completing the teacher certification or licensing requirements in their States. SEC. 4. LOAN FORGIVENESS FOR CERTIFIED TEACHERS. (a) Federal Family Education Loan Forgiveness.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (1) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1)(A)(i) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and ``(ii)(I) if employed as a secondary school teacher, is teaching a subject that is relevant to the borrower's academic major, as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(II) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and ``(B) is not in default on the loan for which the borrower seeks forgiveness; or ``(2) not later than September 1, 2006-- ``(A)(i) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; ``(ii)(I) if employed as a secondary school teacher, meets the standards described in section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)); and ``(II) if employed as an elementary school teacher, meets the standards described in section 9101(23)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(i)); and ``(iii) meets the standards described in section 9101(23)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(A)), or has obtained a 5th year teacher certificate (or the equivalent); and ``(B) is not in default on the loan for which the borrower seeks forgiveness.''; (2) in subsection (c)(1)-- (A) by striking ``$5,000'' and inserting ``$5,000 (for a borrower described in subsection (b)(1)) or $10,000 (for a borrower described in subsection (b)(2))''; and (B) by striking ``(b)(1)'' and inserting ``(b)''; (3) in subsection (g)(1)(A)-- (A) by striking ``Any teacher'' and inserting ``Subject to subsection (j), any teacher''; and (B) by striking ``subsection (b)(1)(A)'' and inserting ``paragraph (1)(A)(i) or (2)(A)(i) of subsection (b)''; and (4) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2004 through 2006 to carry out loan repayment under this section for borrowers described in subsection (b)(2). ``(j) Termination of Authority.--The authority provided by subsection (b)(2) terminates effective October 1, 2006.''. (b) Direct Student Loan Cancellation.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following: ``(A)(i)(I) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and ``(II)(aa) if employed as a secondary school teacher, is teaching a subject that is relevant to the borrower's academic major, as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(bb) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and ``(ii) is not in default on the loan for which the borrower seeks forgiveness; or ``(B) not later than September 1, 2006-- ``(i)(I) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; ``(II)(aa) if employed as a secondary school teacher, meets the standards described in section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)); and ``(bb) if employed as an elementary school teacher, meets the standards described in section 9101(23)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(i)); and ``(III) meets the standards described in section 9101(23)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(A)), or has obtained a 5th year teacher certificate (or the equivalent); and ``(ii) is not in default on the loan for which the borrower seeks forgiveness.''; (2) in subsection (c)(1)-- (A) by striking ``$5,000'' and inserting ``$5,000 (for a borrower described in subsection (b)(1)(A)) or $10,000 (for a borrower described in subsection (b)(1)(B))''; and (B) by striking ``(b)(1)(A)'' and inserting ``(b)(1)''; (3) in subsection (g)(1)(A)-- (A) by striking ``Any teacher'' and inserting ``Subject to subsection (j), any teacher''; and (B) by striking ``subsection (b)(1)(A)'' and inserting ``subparagraph (A)(i)(I) or (B)(i)(I) of subsection (b)(1)''; and (4) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2004 through 2006 to carry out loan repayment under this section for borrowers described in subsection (b)(1)(B). ``(j) Termination of Authority.--The authority provided by subsection (b)(1)(B) terminates effective October 1, 2006.''. (c) No Interference With Existing Provisions.--The Secretary of Education shall ensure that the implementation of the amendments made by this section shall not interfere with, and shall be coordinated with, the implementation of student loan forgiveness provisions administered by the States and in existence on the date of enactment of this Act. SEC. 5. GRANTS TO PROMOTE TEACHER CERTIFICATION AND LICENSING. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--PROMOTING TEACHER CERTIFICATION AND LICENSING ``SEC. 231. GRANTS. ``The Secretary may make grants to institutions of higher education to enable the institutions to carry out programs, projects, and activities to encourage professionals and other interested persons to become certified or licensed teachers. ``SEC. 232. APPLICATIONS. ``(a) In General.--An institution of higher education desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Requirements.--The application shall contain-- ``(1) a description of the programs, projects, and activities to be undertaken by the institution with funds made available through the grant; and ``(2) such assurances as the Secretary considers to be necessary, including assurances that-- ``(A) funds made available to the institution under this part will be used to develop appropriate curricula and support programs for students entering teacher preparation programs that lead to a teaching certificate or license; and ``(B) the institution will submit to the Secretary, at such time as the Secretary may specify, a final report describing the programs, projects, and activities carried out with the funds, and the results achieved through the programs, projects, and activities. ``(c) Preference.--In awarding grants under this part, the Secretary shall give preference to an institution that submits an application containing a plan to develop appropriate curricula and support programs to address the needs of underserved communities (as such needs are determined by the State educational agency in the State in which the institution is located, in conjunction with the institution). ``SEC. 233. USE OF FUNDS. ``(a) Permitted Uses.--An institution of higher education that receives a grant under this part may use the funds made available through the grant for programs, projects, and activities to develop and implement new, or expand and improve existing, programs that enable individuals to make progress toward meeting teacher certification or licensing requirements, including-- ``(1) developing appropriate curricula and support programs for students entering teacher certification or licensing programs; ``(2) developing recruitment strategies necessary to encourage more individuals to become certified or licensed teachers; and ``(3) carrying out other appropriate programs, projects, and activities designed to meet the objectives of this part. ``(b) Prohibited Uses.--The institution may not use the funds made available through the grant for construction. ``SEC. 234. NOTIFICATION REQUIREMENT. ``(a) State Educational Agencies and Local Educational Agencies.-- ``(1) State educational agencies.--Each institution receiving a grant under this part shall provide notice of the programs, projects, and activities funded with such grant to the State educational agency in the State in which the institution is located. ``(2) Local educational agencies.--Each State educational agency receiving the notification described in paragraph (1) shall transmit the information received in such notification to the appropriate local educational agencies. ``(b) Students.--Each institution receiving a grant under this part shall provide notice of the programs, projects, and activities funded with such grant to the students of such institution. ``SEC. 235. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2004 through 2008.''.

Loan Forgiveness for Certified Teachers Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to increase from $5,000 to $10,000 the maximum amount of student loan cancellation for certified or licensed teachers who teach for five years at low-income elementary or secondary schools.Establishes a HEA grants program for promoting teacher certification and licensing. Authorizes the Secretary of Education to make such grants to institutions of higher education for programs, projects, and activities to encourage professionals and other interested persons to become certified or licensed teachers. Includes among authorized activities developing curricula and support programs and recruitment strategies.

A bill to amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to certified or licensed teachers, to provide for grants that promote teacher certification and licensing, and for other purposes.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Hubbard Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Continued payment of bonuses and similar benefits for members of the Armed Forces who receive sole survivorship discharge. Sec. 3. Availability of separation pay for members of the Armed Forces with less than six years of active service who receive sole survivorship discharge. Sec. 4. Transitional health care for members of the Armed Forces who receive sole survivorship discharge. Sec. 5. Transitional commissary and exchange benefits for members of the Armed Forces who receive sole survivorship discharge. Sec. 6. Veterans benefits for members of the Armed Forces who receive sole survivorship discharge. Sec. 7. Unemployment compensation for members of the Armed Forces who receive sole survivorship discharge. Sec. 8. Preference-eligible status for members of the Armed Forces who receive sole survivorship discharge. Sec. 9. Effective date. SEC. 2. CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. (a) Effect of Sole Survivorship Discharge.--Section 303a(e) of title 37, United States Code, is amended-- (1) in paragraph (1), by striking ``A member'' and inserting ``(A) Except as provided in paragraph (2), a member''; (2) by redesignating paragraph (2) as subparagraph (B) of paragraph (1). (3) by inserting after paragraph (1), as so amended, the following new paragraph (2): ``(2)(A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned-- ``(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and ``(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. ``(B) In this paragraph, the term `sole survivorship discharge' means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-- ``(i) the father or mother or one or more siblings-- ``(I) served in the Armed Forces; and ``(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and ``(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.''. (b) Sense of Congress.--In light of the extraordinary discretion granted to the Secretary of a military department by statute and policy to continue to pay the unpaid amounts of a bonus, incentive pay, or similar benefit otherwise due to a member of the Armed Forces under the jurisdiction of the Secretary who receives a sole survivorship discharge, it is the sense of Congress that the Secretaries of the military departments should aggressively use such discretion to the benefit of members receiving a sole survivorship discharge. SEC. 3. AVAILABILITY OF SEPARATION PAY FOR MEMBERS OF THE ARMED FORCES WITH LESS THAN SIX YEARS OF ACTIVE SERVICE WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 1174 of title 10, United States Code, is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: ``(i) Special Rule for Members Receiving Sole Survivorship Discharge.--(1) A member of the Armed Forces who receives a sole survivorship discharge shall be entitled to separation pay under this section even though the member has completed less than six years of active service immediately before that discharge. Subsection (e) shall not apply to a member who receives a sole survivorship discharge. ``(2) The amount of the separation pay to be paid to a member pursuant to this subsection shall be based on the years of active service actually completed by the member before the member's sole survivorship discharge. ``(3) In this subsection, the term `sole survivorship discharge' means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-- ``(A) the father or mother or one or more siblings-- ``(i) served in the Armed Forces; and ``(ii) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and ``(B) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.''. SEC. 4. TRANSITIONAL HEALTH CARE FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 1145(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) A member who receives a sole survivorship discharge (as defined in section 1174(i) of this title).''. SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 1146 of title 10, United States Code, is amended-- (1) by striking ``The Secretary of Defense'' and inserting the following: ``(a) Benefits for Members Involuntarily Separated.--The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Benefits for Members Receiving Sole Survivorship Discharge.-- A member of the Armed Forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the following dates: ``(1) The date of the separation of the member. ``(2) The date on which the member is first notified of the members entitlement to benefits under this section.''. SEC. 6. VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. (a) Housing Loan Benefits.--Section 3702(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(F) Each veteran who was discharged or released from a period of active duty of 90 days or more by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).''. (b) Employment and Training.--Section 4211(4) of such title is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).''. (c) Basic Educational Assistance.-- (1) Service on active duty.--Section 3011(a)(1) of such title is amended-- (A) in subparagraph (A)(ii), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''; (B) in subparagraph (B)(ii), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''; and (C) in subparagraph (C)(iii)(II), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''. (2) Service in the selected reserve.--Section 3012(b)(1) of such title is amended-- (A) in subparagraph (A)-- (i) by striking ``, or (vi)'' and inserting ``, (vi)''; and (ii) by inserting before the period at the end the following: ``, or (vii) by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10)''; and (B) in subparagraph (B)-- (i) in clause (i), by inserting after ``service-connected disability,'' the following: ``by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),''; and (ii) in clause (ii)-- (I) by striking ``, or (VI)'' and inserting ``, (VI)''; and (II) by inserting before the period at the end the following: ``, or (VII) by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10)''. SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 8521(a)(1)(B)(ii)(III) of title 5, United States Code, is amended by striking ``hardship,'' and inserting ``hardship (including pursuant to a sole survivorship discharge, as that term is defined in section 1174(i) of title 10),''. SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 2108(3) of title 5, United States Code, is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by inserting after subparagraph (G) the following: ``(H) a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10);''. SEC. 9. EFFECTIVE DATE. (a) Retroactive Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall apply with respect to any sole survivorship discharge granted after September 11, 2001. (b) Date of Enactment Effective Date for Certain Amendments.--The amendments made by sections 4, 6(c), 7, and 8 shall apply with respect to any sole survivorship discharge granted after the date of the enactment of this Act. (c) Sole Survivorship Discharge Defined.--In this section, the term ``sole survivorship discharge'' means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-- (1) the father or mother or one or more siblings-- (A) served in the Armed Forces; and (B) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and (2) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.

Hubbard Act - Amends federal employment, armed forces, military pay, and veterans' benefits law to authorize the provision of the following benefits to a member of the Armed Forces who is discharged at the member's request pursuant to a Department of Defense (DOD) policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled: (1) continued payment, through the original agreed-upon service period, of any bonus, incentive, or similar benefit to which the member was entitled during service; (2) separation pay, even though the member has completed less than six years of active service before discharge; (3) transitional health care, on the same basis as an active-duty member, for 180 days after discharge; (4) transitional commissary and exchange benefits, on the same basis as an active-duty member, for two years after discharge; (5) veterans' housing loan, employment and training, and basic educational assistance; (6) federal unemployment compensation; and (7) veteran's preference for federal employment purposes. Makes this Act effective with respect to any such discharge granted after September 11, 2001.

A bill to amend titles 5, 10, 37, and 38, United States Code, to ensure the fair treatment of a member of the Armed Forces who is discharged from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, because of hazards incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled, and for other purposes.

SECTION 1. GREAT LAKES POLLUTION PREVENTION. Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i) respectively; and (2) by inserting after subsection (e) the following: ``(f) Pollution Prevention Demonstration Program.-- ``(1) Establishment.--The Administrator, in coordination with the Director of the National Institute of Standards and Technology and appropriate officials of the Great Lakes States, shall establish a multimedia Great Lakes pollution prevention demonstration program to increase the use of modernizing industrial source reduction practices (as defined in section 6603(5) of the Pollution Prevention Act of 1990 (42 U.S.C. 13102(5)) through demonstrations in the Great Lakes region. ``(2) Registry of technologies.--The Administrator, in consultation with the appropriate officials of State technical assistance offices and the Director of the National Institute of Standards and Technology, shall maintain a registry of modernizing toxic use and waste reduction technologies requiring demonstration. ``(3) Participation.--Any person with a permit to discharge into waters of the Great Lakes system under section 402 may participate in the demonstration program through-- ``(A) the institution of a source reduction practice from the registry developed under paragraph (2); or ``(B) the institution of any other innovative source reduction practice that the Administrator determines-- ``(i) has the potential to significantly reduce pollutant discharges to water and other environmental media without significantly increasing pollutant discharges to any environmental medium; and ``(ii) should be demonstrated. ``(4) Requirements.--Any participant in the demonstration program-- ``(A) shall be exempt from the requirement under section 308 to pay a fee for the development of revised effluent guidelines; and ``(B) may be granted an additional year to comply with any new or revised effluent standards issued under this Act if, in the judgment of the Administrator, the extension is necessary and appropriate. ``(5) Pollution prevention extension service.--The Administrator, in cooperation with the Director of the National Institute of Standards and Technology and appropriate officials of State technical assistance offices, shall establish a pollution prevention extension service to provide an active outreach effort to advise, inform, and encourage pollution prevention by industrial discharges to the Great Lakes System. ``(6) Pollution prevention clearinghouse.-- ``(A) Establishment.--The Administrator shall establish a Great Lakes pollution prevention clearinghouse. ``(B) Use.--The clearinghouse shall utilize the results of-- ``(i) research from the Environmental Protection Agency Risk Reduction Engineering Laboratory; and ``(ii) demonstrations conducted pursuant to this subsection; to provide information to municipal and industrial dischargers and sources of nonpoint pollution within the Great Lakes region on source reduction methods, measures, techniques, and technologies. ``(C) Cooperation with canada.--The Administrator shall, to the maximum extent practicable, cooperate with appropriate officials of the Government of Canada with respect to the collection and dissemination of information pursuant to this section. ``(7) Pollution prevention for cities program.-- ``(A) Application for technical assistance.-- A municipality located within the Great Lakes basin boundaries may apply for technical and financial assistance from the Administrator to implement source reduction of toxic pollutants in urban runoff, wastewater, and stormwater. ``(B) Eligibility.--To be eligible for assistance under this paragraph, a municipality shall apply to the Administrator with a statement-- ``(i) stating pollutant reduction goals; and ``(ii) documenting stakeholder interest in implementing voluntary pollutant reduction measures. ``(C) Assistance.--The Administrator shall, for each municipality with an approved application statement-- ``(i) provide technical assistance in the development of a municipal source reduction action plan; and ``(ii) authorize the expenditure of State revolving fund moneys pursuant to title VI for the implementation of an approved source reduction plan.''. SEC. 2. FUNDING FROM STATE REVOLVING LOAN FUND PROGRAM. Sections 601(a) and 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a) and 1383(c)) are each amended-- (1) by striking ``and'' at the end of clause (2); (2) by inserting before the period at the end of the first sentence the following: ``, and (4) for carrying out the activities related to the Great Lakes described in section 118(f), including implementing a source reduction action plan that has been approved by the Administrator pursuant to section 118(f)(7)''.

Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to: (1) establish a multimedia Great Lakes pollution demonstration program to increase the use of modernizing industrial source reduction practices; and (2) maintain a registry of modernizing toxic use and waste reduction technologies requiring demonstration. Exempts participants in the program from paying fees under such Act for the development of revised effluent guidelines and grants them an additional year to comply with new or revised effluent standards if the extension is appropriate. Directs the Administrator to establish a: (1) pollution prevention extension service to provide an outreach effort to encourage pollution prevention by industrial discharges to the Great Lakes system; and (2) Great Lakes pollution prevention clearinghouse. Authorizes municipalities within the Great Lakes basin to apply for technical and financial assistance from the Administrator to implement source reduction of toxic pollutants in urban runoff, wastewater, and stormwater. Permits funding for such source reduction to be obtained from State water pollution control revolving funds.

To amend the Federal Water Pollution Control Act to provide for a Great Lakes pollution prevention demonstration program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Act of 2004''. SEC. 2. EXTENSION OF MEDICAID STATE FISCAL RELIEF. (a) Extension of Temporary Freeze of Medicaid FMAP for Certain States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended-- (1) in the subsection heading, by striking ``$10,000,000,000 for a''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``first 3 quarters of''; and (B) by striking ``the first, second, and third calendar quarters'' and inserting ``each calendar quarter''; (3) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (4) by inserting after paragraph (2), the following: ``(3) Permitting maintenance of fiscal year 2004 fmap for fiscal year 2005.--Subject to paragraph (6), if the FMAP determined without regard to this subsection for a State for fiscal year 2005 is less than the FMAP as so determined for fiscal year 2004, the FMAP for the State for fiscal year 2004 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2005, before the application of this subsection.''. (b) Temporary Increase in Medicaid FMAP for All States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsection (a), is amended by striking paragraphs (4) and (5) (as redesignated by subsection (a)(3)) and inserting the following: ``(4) Temporary increase in medicaid fmap.-- ``(A) General 2.95 percentage points increase for last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.--Subject to paragraphs (6), (7), and (8), for each State for the third and fourth calendar quarters of fiscal year 2003 and for the first, second, and third calendar quarters of fiscal year 2004, the FMAP (taking into account the application of paragraphs (1), (2), and (3)) shall be increased by 2.95 percentage points. ``(B) General 1.60 percentage points increase for last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (6), (7), and (8), for each State for the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the FMAP (taking into account the application of paragraphs (1), (2), and (3) but without regard to the application of subparagraph (A)) shall be increased by 1.60 percentage points. ``(5) Increase in cap on medicaid payments to territories.-- ``(A) Last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.-- Subject to paragraphs (7) and (8), with respect to the third and fourth calendar quarters of fiscal year 2003 and the first, second, and third calendar quarters of fiscal year 2004, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. ``(B) Last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (7) and (8), with respect to the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2.52 percent of such amounts.''. (c) Conforming Amendments.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsections (a) and (b), is amended-- (1) in paragraph (1), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (2) in paragraph (2), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (3) in paragraph (7) (as redesignated by subsection (a)(3))-- (A) by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (5)''; and (B) by striking ``paragraph (3)'' each place it appears and inserting ``paragraph (4)''; (4) in paragraph (8) (as so redesignated), by striking ``the first, second and third calendar quarters of fiscal year 2004'' and inserting ``each calendar quarter of fiscal year 2004 and fiscal year 2005''; and (5) in paragraph (10) (as so redesignated), by striking ``October 1, 2004'' and inserting ``January 1, 2005''.

Medicaid Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States (continuing the FY 2003 FMAP through each calendar quarter of FY 2004, and the FY 2004 FMAP for each calendar quarter of FY 2005 if the FY 2005 FMAP would otherwise be less than the FY 2004 FMAP). Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004; and (2) by 1.60 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. .

To extend State Medicaid fiscal relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Silk Road Strategy Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The ancient Silk Road, once the economic lifeline of Central Asia and the South Caucasus, traversed much of the territory now within the countries of Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. (2) Economic interdependence spurred mutual cooperation among the peoples along the Silk Road and restoration of the historic relationships and economic ties between those peoples is an important element of ensuring their sovereignty as well as the success of democratic and market reforms. (3) The development of strong political and economic ties between countries of the South Caucasus and Central Asia and the West will foster stability in the region. (4) The development of open market economies and open democratic systems in the countries of the South Caucasus and Central Asia will provide positive incentives for international private investment, increased trade, and other forms of commercial interactions with the rest of the world. (5) The Caspian Sea Basin, overlapping the territory of the countries of the South Caucasus and Central Asia, contains proven oil and gas reserves that may exceed $4,000,000,000,000 in value. (6) The region of the South Caucasus and Central Asia will produce oil and gas in sufficient quantities to reduce the dependence of the United States on energy from the volatile Persian Gulf region. (7) United States foreign policy and international assistance should be narrowly targeted to support the economic and political independence of the countries of the South Caucasus and Central Asia. SEC. 3. POLICY OF THE UNITED STATES. It shall be the policy of the United States in the countries of the South Caucasus and Central Asia-- (1) to promote and strengthen independence, sovereignty, and democratic government; (2) to assist actively in the resolution of regional conflicts; (3) to promote friendly relations and economic cooperation; (4) to help promote market-oriented principles and practices; (5) to assist in the development of the infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong international relations and commerce between those countries and the stable, democratic, and market-oriented countries of the Euro-Atlantic Community; and (6) to support United States business interests and investments in the region. SEC. 4. UNITED STATES EFFORTS TO RESOLVE CONFLICTS IN GEORGIA, AZERBAIJAN, AND TAJIKISTAN. It is the sense of Congress that the President should use all diplomatic means practicable, including the engagement of senior United States Government officials, to press for an equitable, fair, and permanent resolution to the conflicts in Georgia and Azerbaijan and the civil war in Tajikistan. SEC. 5. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new chapter: ``Chapter 12--Support for the Economic and Political Independence of the Countries of the South Caucasus and Central Asia ``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND RECOVERY FROM REGIONAL CONFLICTS. ``(a) Purpose of Assistance.--The purposes of assistance under this section are-- ``(1) to create the basis for reconciliation between belligerents; ``(2) to promote economic development in areas of the countries of the South Caucasus and Central Asia impacted by civil conflict and war; and ``(3) to encourage broad regional cooperation among countries of the South Caucasus and Central Asia that have been destabilized by internal conflicts. ``(b) Authorization for Assistance.-- ``(1) In general.--To carry out the purposes of subsection (a), the President is authorized to provide humanitarian assistance and economic reconstruction assistance under this Act, and assistance under the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.), to the countries of the South Caucasus and Central Asia to support the activities described in subsection (c). ``(2) Definition of humanitarian assistance.--In this subsection, the term `humanitarian assistance' means assistance to meet urgent humanitarian needs, in particular meeting needs for food, medicine, medical supplies and equipment, and clothing. ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to-- ``(1) providing for the essential needs of victims of the conflicts; ``(2) facilitating the return of refugees and internally displaced persons to their homes; and ``(3) assisting in the reconstruction of residential and economic infrastructure destroyed by war. ``(d) Policy.--It is the sense of Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus and Central Asia. ``SEC. 499A. ECONOMIC ASSISTANCE. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to foster the conditions necessary for regional economic cooperation in the South Caucasus and Central Asia. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide technical assistance to the countries of the South Caucasus and Central Asia to support the activities described in subsection (c). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to the development of the structures and means necessary for the growth of private sector economies based upon market principles. ``(d) Policy.--It is the sense of Congress that the United States should-- ``(1) assist the countries of the South Caucasus and Central Asia to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; ``(2) provide permanent nondiscriminatory trade treatment (MFN status) to the countries of the South Caucasus and Central Asia; and ``(3) consider the establishment of zero-to-zero tariffs between the United States and the countries of the South Caucasus and Central Asia. ``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE. ``(a) Purpose of Assistance.--The purposes of assistance under this section are-- ``(1) to develop the physical infrastructure necessary for regional cooperation among the countries of the South Caucasus and Central Asia; and ``(2) to encourage closer economic relations between those countries and the United States and other developed nations. ``(b) Authorization for Assistance.--To carry out the purposes of subsection (a), the following types of assistance to the countries of the South Caucasus and Central Asia are authorized to support the activities described in subsection (c): ``(1) Activities by the Export-Import Bank to complete the review process for eligibility for financing under the Export- Import Bank Act of 1945. ``(2) The provision of insurance, reinsurance, financing, or other assistance by the Overseas Private Investment Corporation. ``(3) Assistance under section 661 of this Act (relating to the Trade and Development Agency). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to promoting actively the participation of United States companies and investors in the planning, financing, and construction of infrastructure for communications, transportation, and energy and trade including highways, railroads, port facilities, shipping, banking, insurance, telecommunications networks, and gas and oil pipelines. ``(d) Policy.--It is the sense of Congress that the United States representatives at the International Bank for Reconstruction and Development, the International Finance Corporation, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus and Central Asia to assist the development of the physical infrastructure necessary for regional economic cooperation. ``SEC. 499C. SECURITY ASSISTANCE. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to assist countries of the South Caucasus and Central Asia to secure their borders and implement effective controls necessary to prevent the trafficking of illegal narcotics and the proliferation of technology and materials related to weapons of mass destruction (as defined in section 2332a(c)(2) of title 18, United States Code), and to contain and inhibit transnational organized criminal activities. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus and Central Asia to support the activities described in subsection (c): ``(1) Assistance under chapter 5 of part II of this Act (relating to international military education and training). ``(2) Assistance under chapter 8 of this part of this Act (relating to international narcotics control assistance). ``(3) The transfer of excess defense articles under section 516 of this Act (22 U.S.C. 2321j). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to assisting those countries of the South Caucasus and Central Asia in developing capabilities to maintain national border guards, coast guard, and customs controls. ``(d) Policy.--It is the sense of Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus and Central Asia through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. ``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF CIVIL SOCIETY. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to promote institutions of democratic government and to create the conditions for the growth of pluralistic societies, including religious tolerance. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus and Central Asia. ``(1) Technical assistance for democracy building. ``(2) Technical assistance for the development of nongovernmental organizations. ``(3) Technical assistance for development of independent media. ``(4) Technical assistance for the development of the rule of law. ``(5) International exchanges and advanced professional training programs in skill areas central to the development of civil society. ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to activities that directly and specifically are designed to advance progress toward the development of democracy. ``(d) Policy.--It is the sense of Congress that the Voice of America and RFE/RL, Incorporated, should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus and Central Asia. ``SEC. 499E. INELIGIBILITY FOR ASSISTANCE. ``(a) In General.--Except as provided in subsection (b), assistance may not be provided under this chapter for a country of the South Caucasus or Central Asia if the President determines and certifies to the appropriate congressional committees that the country-- ``(1) is engaged in a consistent pattern of gross violations of internationally recognized human rights; ``(2) has, on or after the date of enactment of this chapter, knowingly transferred to another country-- ``(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime (as defined in section 11B(c) of the Export Administration Act of 1979 950 U.S.C. App. 2410b(c); or ``(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapons; ``(3) has supported acts of international terrorism; ``(4) is prohibited from receiving such assistance by chapter 10 of the Arms Export Control Act or section 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)(1), 5605); or ``(5) has initiated an act of aggression against another state in the region after the date of enactment of the Silk Road Strategy Act of 1997. ``(b) Exception to Ineligibility.--Notwithstanding subsection (a), assistance may be provided under this chapter if the President determines and certifies in advance to the appropriate congressional committees that the provision of such assistance is important to the national interest of the United States. ``SEC. 499F. ADMINISTRATIVE AUTHORITIES. ``(a) Assistance Through Governments and Nongovernmental Organizations.--Assistance under this chapter may be provided to governments or through nongovernmental organizations. ``(b) Use of Economic Support Funds.--Except as otherwise provided, any funds that have been allocated under chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter. ``(c) Terms and Conditions.--Assistance under this chapter shall be provided on such terms and conditions as the President may determine. ``(d) Superseding Existing Law.--The authority to provide assistance under this chapter supersedes any other provision of law, except for-- ``(1) this chapter; ``(2) section 634A of this Act and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act; ``(3) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5812 note; relating to restriction on assistance to Azerbaijan), except such section shall not apply with respect to-- ``(A) activities to provide humanitarian assistance under the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.); ``(B) activities to support democratic reforms and democratic governance; ``(C) assistance for the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes, under section 481(a)(4) of this Act (22 U.S.C. 2291(a)(4)); ``(D) assistance under programs carried out under section 1424 of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2333); ``(E) assistance provided by the Trade and Development Agency under section 661 of this Act (22 U.S.C. 2421) ; and ``(F) activities carried out by the United States and Foreign Commercial Service; and ``(4) section 1341 of title 31, United States Code (commonly referred to as the ``Anti-Deficiency Act''), the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990. ``SEC. 499G. DEFINITIONS. ``In this chapter: ``(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) Countries of the south caucasus and central asia.-- The term `countries of the South Caucasus and Central Asia' means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan.''. SEC. 6. ANNUAL REPORT. Beginning one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees-- (1) identifying the progress of United States foreign policy to accomplish the policy identified in section 3; (2) evaluating the degree to which the assistance authorized by chapter 12 of part I of the Foreign Assistance Act of 1961, as added by section 5 of this Act, was able to accomplish the purposes identified in those sections; and (3) recommending any additional initiatives that should be undertaken by the United States to implement the policy and purposes contained in this Act. SEC. 7. 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) Countries of the south caucasus and central asia.--The term ``countries of the South Caucasus and Central Asia'' means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan.

Silk Road Strategy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance to the South Caucasus and Central Asia countries to: (1) promote sovereignty and independence with democratic government; (2) assist in the resolution of regional conflicts; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. Prohibits assistance to such countries (unless it is important to the U.S. national interest) if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have knowingly transferred controlled missiles or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (3) have supported acts of international terrorism; (4) are prohibited from receiving such assistance by specified Acts; or (5) have initiated an act of aggression against another state in the region. Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflicts in Georgia, Azerbaijan, and the civil war in Tajikistan.

Silk Road Strategy Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Wildlife Disease Testing Acceleration Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Chronic wasting disease.--The term ``chronic wasting disease'' means the animal disease that afflicts deer and elk-- (A) that is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (B) that belongs to the group of diseases-- (i) that is known as transmissible spongiform encephalopathies; and (ii) that includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt- Jakob disease. (2) Epizootic hemorrhagic disease.--The term ``epizootic hemorrhagic disease'' means the animal disease afflicting deer and other wild ruminants-- (A) that is an insect-borne transmissible viral disease; and (B) that results in spontaneous hemorraging in the muscles and organs of the afflicted animals. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) Task force.--The term ``Task Force'' means the Interagency Task Force on Epizootic Hemorrhagic Disease established by section 4(a). SEC. 3. CHRONIC WASTING DISEASE SAMPLING GUIDELINES AND TESTING PROTOCOL. (a) Sampling Guidelines.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue guidelines for the collection of animal tissue by Federal, State, tribal, and local agencies for testing for chronic wasting disease. (2) Requirements.--Guidelines issued under paragraph (1) shall-- (A) include procedures for the stabilization of tissue samples for transport to a laboratory for assessment; and (B) be updated as the Secretary determines to be appropriate. (b) Testing Protocol.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. (c) Laboratory Certification and Inspection Program.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a program for the certification and inspection of Federal and non-Federal laboratories (including private laboratories) under which the Secretary shall authorize laboratories certified under the program to conduct tests for chronic wasting disease. (2) Verification.--In carrying out the program established under paragraph (1), the Secretary may require that the results of any tests conducted by private laboratories shall be verified by Federal laboratories. (d) Development of New Tests.--Not later than 45 days after the date of enactment of this Act, the Secretary shall accelerate research into-- (1) the development of animal tests for chronic wasting disease, including-- (A) tests for live animals; and (B) field diagnostic tests; and (2) the development of testing protocols that reduce laboratory test processing time. SEC. 4. INTERAGENCY TASK FORCE ON EPIZOOTIC HEMORRHAGIC DISEASE. (a) In General.--There is established a Federal interagency task force to be known as the ``Interagency Task Force on Epizootic Hemorrhagic Disease'' to coordinate activities to prevent the outbreak of epizootic hemorrhagic disease and related diseases in the United States. (b) Membership.--The Task Force shall be composed of-- (1) the Secretary, who shall serve as the chairperson of the Task Force; (2) the Secretary of the Interior; (3) the Secretary of Commerce; (4) the Secretary of Health and Human Services; (5) the Secretary of the Treasury; (6) the Commissioner of Food and Drugs; (7) the Director of the National Institutes of Health; (8) the Director of the Centers for Disease Control and Prevention; (9) the Commissioner of Customs; and (10) the heads of any other Federal agencies that the President determines to be appropriate. (c) Report.--Not later than 60 days after the date of enactment of this Act, the Task Force shall submit to Congress a report that-- (1) describes any activities that are being carried out, or that will be carried out, to prevent-- (A) the outbreak of epizootic hemorrhagic disease and related diseases in the United States; and (B) the spread or transmission of epizootic hemorrhagic disease and related diseases to dairy cattle or other livestock; and (2) includes recommendations for-- (A) legislation that should be enacted or regulations that should be promulgated to prevent the outbreak of epizootic hemorrhagic disease and related diseases in the United States; and (B) coordination of the surveillance of and diagnostic testing for epizootic hemorrhagic disease, chronic wasting disease, and related diseases. SEC. 5. FUNDING. To carry out this Act, the Secretary may use funds made available to the Secretary for administrative purposes.

Comprehensive Wildlife Disease Testing Acceleration Act of 2002 - Directs the Secretary of Agriculture, with respect to chronic wasting disease (a disease affecting deer and elk), to: (1) issue guidelines for animal tissue collecting and laboratory testing; (2) establish a laboratory certification and inspection program; and (3) accelerate testing research.Establishes the Interagency Task Force on Epizootic Hemorrhagic Disease to coordinate epizootic hemorrhagic disease (a disease affecting deer and other wild ruminants) prevention activities.

To provide for the testing of chronic wasting disease and other infectious disease in deer and elk herds, to establish the Interagency Task Force on Epizootic Hemorrhagic Disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Jamming Act of 1998''. TITLE I--PREVENTION OF SPAMMING SEC. 101. EXTENSION OF JUNK FAX REMEDIES TO COMMERCIAL EMAIL Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) in subsection (a), by adding at the end the following new paragraphs: ``(5) The term `unsolicited electronic mail message' means any electronic mail message that is addressed and sent to a recipient with whom the initiator does not have an existing relationship and has been sent by the initiator without the express consent of the recipient. ``(6) The term `unsolicited commercial electronic mail message' means any unsolicited electronic mail message that is sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. ``(7) The term `electronic mail service provider' means any entity that provides subscribers the ability to send or receive electronic mail. ``(8) The term `published policy' means, with respect to an electronic mail service provider's policy on unsolicited electronic mail messages, that such policy is available upon request in written form at no charge or is displayed conspicuously through an online notice on the Internet home page of the electronic mail service provider.''; (2) in subsection (c)(3)-- (A) by striking ``If the Commission determines to require such a database,'' and inserting ``If the Commission determines to require such a database pursuant to paragraph (2), or at any time subsequent to the proceeding required by paragraph (1) determines that a database is required to protect subscribers from telephone solicitations or unsolicited electronic mail messages,''; (B) by striking ``and'' at the end of subparagraph (K); (C) by striking the period at the end of subparagraph (L) and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(M) require each electronic mail service provider, in accordance with regulations prescribed by the Commission, to inform subscribers for electronic mail service of the opportunity to provide notification, in accordance with such regulations, that such subscribers objects to receiving unsolicited commercial electronic mail messages; and ``(N) specify the methods by which each electronic mail service subscriber shall be informed, by the electronic mail service provider that provides such service to such subscriber, of (i) the subscriber's right to give or revoke a notification of objection under subparagraph (M), and (ii) the methods by which such right may be exercised by the subscriber.''; (3) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (4) by inserting after subsection (d) the following new subsection: ``(e) Restrictions on the Use of Unsolicited Commercial Electronic Mail Messages.-- ``(1) Information about sender; right to reply.--It shall be unlawful for any person within the United States-- ``(A) to initiate an unsolicited commercial electronic mail message unless such message contains-- ``(i) the name, street address, electronic mail address, and telephone number of the person who initiates transmission of the message; ``(ii) the name, street address, electronic mail address, and telephone number of the person who created the content of the message; ``(iii) a reply electronic mail address, conspicuously displayed, where recipients may send a reply to indicate a desire not to receive any further messages; or ``(iv) information on how recipients may exercise the rights established pursuant to subsection (c)(3); ``(B) to initiate an unsolicited commercial electronic mail message to any recipient who has previously indicated a desire not to receive such messages by sending a reply described in subparagraph (A)(iii)); or ``(C) to initiate an unsolicited commercial electronic mail message unless such message contains Internet routing information that is accurate, is valid according to prevailing standards for Internet protocols, and correctly reflects the actual message routing. ``(2) Enforcement of voluntary cyberrules regarding spamming.-- ``(A) Prohibition.--No subscriber of an electronic mail service provider shall use, or cause to be used, the electronic mail service or equipment in violation of that electronic mail service's published policy prohibiting or restricting the use of its service or equipment for the initiation of an unsolicited commercial electronic mail message. ``(B) Enforcement by providers.--Any subscriber who violates subparagraph (A) for the initiation of an unsolicited commercial electronic mail message shall be liable to the electronic mail service provider for damages in an amount equal to $50 for each of the provider's subscribers to whom such message was transmitted.''; and (5) in subsection (f)(1) (as redesignated by paragraph (3))-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) the making of unsolicited commercial electronic mail messages.''. TITLE II--PREVENTION OF SLAMMING AND CRAMMING SEC. 201. LIABILITY TO SUBSCRIBERS; AUTHORITY OF STATES. (a) Amendment.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended by striking subsection (b) and inserting the following: ``(b) Liability for Charges After Slamming.-- ``(1) Liability.--Any telecommunications carrier that violates the verification procedures described in subsection (a) and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable, in accordance with such procedures as the Commission may prescribe-- ``(A) to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation; and ``(B) to the subscriber in an amount equal to twice the amount of all charges paid by such subscriber after such violation. ``(2) Effect on other laws.--The remedies provided by subsection (b) are in addition to any other remedies available by law. ``(c) Prohibition of and Liability for Cramming.-- ``(1) Prohibition.--No telecommunications carrier (including billing aggregators and service providers) shall submit for billing on bills for telecommunications services unauthorized services or products. ``(2) Liability to subscriber.--Any telecommunication carrier (including billing aggregators and service providers) that violates paragraph (1) and collects charges for unauthorized services or products from a subscriber shall be liable to such subscriber in an amount equal to twice the total amount of charges paid by such subscriber after such violation. The remedies provided by this subsection are in addition to any other remedies available by law. ``(c) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of (A) effecting changes in a subscribers' selections of a provider of telephone exchange service or telephone toll service in violation of this section or the regulations prescribed under this section, or (B) submitting for billing on bills for telecommunications services, and collecting for, unauthorized services or products, shall the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.--The State shall serve prior written notice of any such civil 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 State 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. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official 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. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--As used in this subsection, the term `attorney general' means the chief legal officer of a State.''. SEC. 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND AUTHENTICATION. (a) Study Required.--The National Telecommunications and Information Administration of the Department of Commerce shall conduct a study of the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections. The study shall include-- (1) an analysis of the cost of establishing a national, independent database or clearinghouse to authorize and verify changes in carrier selections; (2) the additional cost to carriers, per change in carrier selection, to fund the ongoing operation of such an independent database or clearinghouse; (3) the cost and feasibility of implementing such databases or clearinghouses at the State level; and (4) the advantages and disadvantages of utilizing independent databases or clearinghouses for authorizing and authenticating carrier selection changes. (b) Report Required.--Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall submit to the Committee on Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate the results of the study required by subsection (a).

TABLE OF CONTENTS: Title I: Prevention of Spamming Title II: Prevention of Slamming and Cramming Digital Jamming Act of 1998 - Title I: Prevention of Spamming - Amends the Communications Act of 1934 to require each electronic mail (e-mail) service provider, under regulations prescribed by the Federal Communications Commission (FCC), to inform its subscribers of the opportunity to provide notification of the subscriber's objection to receiving unsolicited commercial e-mail messages (spam messages). Requires such regulations to specify the methods by which each e-mail service subscriber shall be informed by the service provider of: (1) the subscriber's right to give or revoke an objection to receiving spam messages; and (2) the manner in which such right may be exercised. Makes it unlawful for any person to initiate spam messages: (1) unless such a message contains specified information identifying the sender, a means to indicate a desire not to receive such messages, and related information; (2) to any recipients who have previously indicated a desire not to receive such messages; or (3) unless such a message contains Internet routing information that is accurate, valid, and correctly reflects the actual message routing. Prohibits a subscriber from using the provider's e-mail service in violation of that service's published policy prohibiting or restricting the use its service or equipment for the initiation of a spam message. Provides subscriber liability for violations. Title II: Prevention of Slamming and Cramming - Provides that a telecommunications carrier that violates the verification procedures required before recognition of a switch in a subscriber's telephone or toll service provider shall be liable to such subscriber for twice the amount of all charges paid by the subscriber after such violation. Prohibits such a carrier from submitting for billing on telecommunications services bills unauthorized services or products (cramming). Provides carrier liability for violations. Authorizes the attorney general of a State to bring a civil action on behalf of its residents for such violations. Requires a State so acting to previously notify the FCC and provide a copy of its complaint. Directs the National Telecommunications and Information Administration of the Department of Commerce to conduct a study of, and report to specified congressional committees concerning, the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections.

Digital Jamming Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fairness Act of 2003''. SEC. 2. REMOVAL OF PROHIBITION ON REFINANCING CONSOLIDATION LOANS. Section 428C(a)(3) the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(3)) is amended-- (1) by striking subparagraph (B); (2) in subparagraph (C), by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraph (A)''; and (3) by redesignating subparagraph (C) as subparagraph (B). SEC. 3. STUDENT LOAN BORROWER CHOICE OF LOAN CONSOLIDATOR. (a) Selection of Lender.--Section 428C(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is amended by striking ``and (i) the lender holds'' and all that follows through ``selected for consolidation)''. (b) Information About Consolidation Loans.-- (1) Information from lenders.--Section 428C(b)(1) of such Act is further amended-- (A) by striking ``and'' at the end of subparagraph (E); (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) that the lender will provide to each applicant for a consolidation loan a clear and conspicuous notice, in such form as the Secretary shall prescribe, describing, in relation to the borrower's reported current loan balance and the likely interest rate estimated by the lender for the consolidation loan-- ``(i) the effects of a consolidation loan and its available repayment plans on the borrower's interest rate, the amount of his or her monthly and total payments, total interest accrued, the length of the repayment term; ``(ii) the ability of the student borrower to pre-pay loans; and ``(iii) the differences between variable and fixed interest rates; and''. (2) Information from institutions.--Section 485(b)(1)(A) of such Act (20 U.S.C. 1092(b)) is amended-- (A) by striking ``and'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) providing to the borrower of a loan made under part B, D, or E, a clear and conspicuous notice, in such form as the Secretary shall prescribe, describing the effect of using a consolidation loan to discharge the borrower's student loans, and including, with respect to a series of loan amounts ranges-- ``(I) the differences between fixed and variable interest rates; ``(II) the effects of consolidation loan and its available repayment plans on the borrower's interest rate, the amount of his or her monthly and total payments, total interest accrued, and the length of repayment term; and ``(III) the ability of the student borrower to prepay loans.''. SEC. 4. INTEREST RATES ON CONSOLIDATED AND RECONSOLIDATED LOANS. (a) Interest Rate Changes.--Section 427A of the Higher Education Act of 1965 (20 U.S.C. 1077a) is amended by striking subsections (k) and (l) and inserting the following: ``(k) Interest Rates for New Loans on or After October 1, 1998, and Before January 1, 2004.-- ``(1) In general.--Notwithstanding subsection (h) and subject to paragraph (2) of this subsection, with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(2) In school and grace period rules.--Notwithstanding subsection (h), with respect to any loan under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest for interest which accrues-- ``(A) prior to the beginning of the repayment period of the loan; or ``(B) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 427(a)(2)(C) or 428(b)(1)(M), shall be determined under paragraph (1) by substituting `1.7 percent' for `2.3 percent'. ``(3) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest shall be determined under paragraph (1)-- ``(A) by substituting `3.1 percent' for `2.3 percent'; and ``(B) by substituting `9.0 percent' for `8.25 percent'. ``(4) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest shall be at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of-- ``(A) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1 percent; or ``(B) 8.25 percent. ``(5) Consultation.--The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. ``(l) Interest Rates for New Loans on or After January 1, 2004.-- ``(1) In general.--Notwithstanding subsection (h), with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after January 1, 2004, the applicable rate of interest shall, during any 12- month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 6.8 percent. ``(2) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after January 1, 2004, the applicable rate of interest shall be determined under paragraph (1)-- ``(A) by substituting `3.1 percent' for `2.3 percent'; and ``(B) by substituting `7.5 percent' for `6.8 percent'. ``(3) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after January 1, 2004, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 6.8 percent.''. (b) Offsetting Origination Fees.--Section 438(c) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(c)) is amended-- (1) in paragraph (1), by inserting ``or paragraph (7)'' after ``paragraph (2)''; (2) in paragraph (2), by striking ``paragraph (8)'' and inserting ``paragraph (9)''; (3) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (4) by inserting after paragraph (6) the following new paragraph: ``(7) Consolidation loans.--With respect to any loans made under section 428C on or after January 1, 2004, each eligible lender under this part is authorized to charge the borrower an origination fee of not to exceed 0.5 percent of the principal amount of the loan. Except as provided in paragraph (9), a lender that charges an origination fee under this paragraph shall assess the same fee to all borrowers.''. (c) Special Allowance Conforming Changes.--Section 438(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by striking ``July 1, 2006'' each place it appears in clauses (ii), (v), and (vii) of subparagraph (I), including in the headings of such clauses, and inserting ``January 1, 2004''. (d) Additional Conforming Amendments.--Section 428C(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(c)(1)) is amended by striking ``July 1, 2006'' each place it appears and inserting ``January 1, 2004''.

Student Loan Fairness Act of 2003 - Amends the Higher Education Act of 1965 to revise student aid requirements for consolidation loans. Repeals a prohibition against refinancing consolidation loans. Allows borrowers to select lenders of consolidation loans. Requires lenders and institutions to provide certain information on consolidation loans to applicants. Revises interest rates on consolidated and reconsolidated loans.

To permit refinancing of Federal student consolidation loans, and to permit students freedom to select a student loan consolidator.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support and Defend Our Military Personnel and Their Families Act''. SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL. (a) In General.--Any person who has served honorably as a member of the Armed Forces of the United States in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), and who, if separated from the Armed Forces, was separated under honorable conditions, may be naturalized as provided in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as though the person had served during a period designated by the President under such section. (b) Naturalization Through Service in the Armed Forces of the United States.--Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended-- (1) in subsection (a), by striking ``six months'' and inserting ``one year''; and (2) in subsection (d), by striking ``six months'' and inserting ``one year''. SEC. 3. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR FAMILIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who are eligible for an immigrant visa under paragraph (2) of section 203(a) and are the spouse, child, son, or daughter of an alien who is serving in the Armed Forces of the United States.''. SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Relief for Immediate Family Members of Active Duty Personnel.-- ``(1) In general.--The Secretary of Homeland Security may adjust the status of an alien described in paragraph (2) to that of an alien lawfully admitted for permanent residence if-- ``(A) the alien makes an application for such adjustment, and is physically present in the United States on the date the application is filed; ``(B) the alien is eligible to receive an immigrant visa and is admissible under section 212(a) (except that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such section shall not apply for purposes of this subsection); ``(C) an immigrant visa is immediately available to the alien at the time the application is filed; and ``(D) the alien pays a fee, as determined by the Secretary, for the processing of such application. ``(2) Eligible aliens.-- ``(A) In general.--The benefits provided in paragraph (1) shall apply only to an alien who is a parent, spouse, child, son, daughter, or minor sibling of an eligible member of the Armed Forces. ``(B) Posthumous benefits.--An alien described in subparagraph (A) shall continue to be eligible for adjustment under this subsection for 2 years after the death of an eligible member of the Armed Forces whose death was the result of injury or disease incurred in or aggravated by his or her service in the Armed Forces or, if such death occurred prior to the date of enactment of this paragraph, for 2 years after such date of enactment. ``(3) Eligible members of the armed forces.--In this subsection, `eligible member of the Armed Forces' means any person who-- ``(A) has served honorably in an active duty status in the Armed Forces of the United States; and ``(B) if separated from the service described in subparagraph (A), was separated under honorable conditions.''. SEC. 5. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST ACTIVE DUTY MILITARY PERSONNEL AND VETERANS. Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) is amended by adding at the end the following: ``(f) Considerations for Active Duty Military Personnel and Veterans.--(1) A notice to appear shall not be issued against an alien who has served honorably at any time in the Armed Forces of the United States, and who, if separated from the Armed Forces, separated under honorable conditions, without prior approval from the Secretary of Homeland Security. ``(2) In determining whether to issue a notice to appear against such an alien, the Secretary shall consider the alien's eligibility for naturalization under section 328 or 329, as well as the alien's record of military service, grounds of deportability applicable to the alien, and any hardship to the Armed Forces, the alien, and his or her family if the alien were to be placed in removal proceedings. ``(3) An alien who has served honorably in the Armed Forces of the United States, and who, if separated from the Armed Forces, separated under honorable conditions, shall not be removed from the United States under subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section 238, or section 241(a)(5).''.

Support and Defend Our Military Personnel and Their Families Act - States that any person who serves or has served under honorable conditions as a member of the U.S. Armed Forces in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities. Amends the Immigration and Nationality Act (INA) to extend the period for filing a naturalization application to one year after completion of eligible military service. Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces. Authorizes the Secretary of Homeland Security (DHS) to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces under honorable conditions. Permits posthumous benefits under specified circumstances. States that with respect to a removal proceeding under INA: (1) a notice to appear shall not be issued against an alien who serves or has served under honorable conditions in the Armed Forces without the Secretary's prior approval; (2) the Secretary, in determining whether to issue a notice, shall consider the alien's eligibility for naturalization, military service record, grounds of deportability, and any hardship to the Armed Forces, the alien, and his or her family if the alien were to be placed in removal proceedings; and (3) an alien who serves or has served under honorable conditions in the Armed Forces shall not be removed from the United States under specified grounds.

Support and Defend Our Military Personnel and Their Families Act

SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP. (a) Permitting Maintenance of Fiscal Year 2001 FMAP For Last 2 Calendar Quarters of Fiscal Year 2002.--Notwithstanding any other provision of law, but subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2002 is less than the FMAP as so determined for fiscal year 2001, the FMAP for the State for fiscal year 2001 shall be substituted for the State's FMAP for the third and fourth calendar quarters of fiscal year 2002, before the application of this section. (b) Permitting Maintenance of Fiscal Year 2002 FMAP For Fiscal Year 2003.--Notwithstanding any other provision of law, but subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2003 is less than the FMAP as so determined for fiscal year 2002, the FMAP for the State for fiscal year 2002 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2003, before the application of this section. (c) General 1 Percentage Point Increase for Last 2 Calendar Quarters of Fiscal Year 2002 and Fiscal Year 2003.--Notwithstanding any other provision of law, but subject to subsections (e) and (f), for each State for the third and fourth calendar quarters of fiscal year 2002 and each calendar quarter of fiscal year 2003, the FMAP (taking into account the application of subsections (a) and (b)) shall be increased by 1 percentage point. (d) Increase in Cap on Medicaid Payments To Territories.-- Notwithstanding any other provision of law, but subject to subsection (f), with respect to the third and fourth calendar quarters of fiscal year 2002 and each calendar quarter of fiscal year 2003, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2 percent of such amounts. (e) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); or (2) payments under titles IV and XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.). (f) State Eligibility.-- (1) In general.--A State is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2002. (2) Rule of construction.--Nothing in paragraph (1) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (g) Definitions.--In this section: (1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (h) Repeal.--Effective as of October 1, 2003, this section is repealed. SEC. 2. ADDITIONAL TEMPORARY STATE FISCAL RELIEF. (a) In General.--Title XX of the Social Security Act (42 U.S.C. 1397-1397f) is amended by adding at the end the following: ``SEC. 2008. ADDITIONAL TEMPORARY GRANTS FOR STATE FISCAL RELIEF. ``(a) In General.--For the purpose of providing State fiscal relief allotments to States under this section, there are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, $4,430,280,000. Such funds shall be available for obligation by the State through June 30, 2004, and for expenditure by the State through September 30, 2004. This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to States of amounts provided under this section. ``(b) Allotment.--Funds appropriated under subsection (a) shall be allotted by the Secretary among the States in accordance with the following table: ------------------------------------------------------------------------ ``State Allotment (in dollars) ------------------------------------------------------------------------ Alabama $48,732,000 Alaska $12,715,000 Amer. Samoa $126,000 Arizona $67,139,000 Arkansas $36,666,000 California $459,264,000 Colorado $40,650,000 Connecticut $61,497,000 Delaware $11,920,000 District of Columbia $17,700,000 Florida $185,836,000 Georgia $98,525,000 Guam $193,000 Hawaii $13,378,000 Idaho $15,587,000 Illinois $156,504,000 Indiana $76,215,000 Iowa $38,784,000 Kansas $31,843,000 Kentucky $65,707,000 Louisiana $75,795,000 Maine $27,392,000 Maryland $65,445,000 Massachusetts $155,344,000 Michigan $133,966,000 Minnesota $83,144,000 Mississippi $48,596,000 Missouri $102,266,000 Montana $11,590,000 Nebraska $24,095,000 Nevada $14,595,000 New Hampshire $15,423,000 New Jersey $126,921,000 New Mexico $32,476,000 New York $693,453,000 North Carolina $127,427,000 North Dakota $8,382,000 N. Mariana Islands $71,000 Ohio $171,776,000 Oklahoma $45,262,000 Oregon $49,868,000 Pennsylvania $231,978,000 Puerto Rico $11,702,000 Rhode Island $24,185,000 South Carolina $57,178,000 South Dakota $9,177,000 Tennessee $119,003,000 Texas $232,167,000 Utah $18,074,000 Vermont $11,545,000 Virgin Islands $189,000 Virginia $63,699,000 Washington $96,068,000 West Virginia $29,260,000 Wisconsin $68,664,000 Wyoming $5,123,000 ------------------------------------------------------------------------ Total $4,430,280,000 ------------------------------------------------------------------------ ``(c) Use of Funds.--Funds appropriated under this section may be used by a State for services directed at the goals set forth in section 2001, subject to the requirements of this title. ``(d) Payment to States.--Not later than 30 days after amounts are appropriated under subsection (a), in addition to any payment made under section 2002 or 2007, the Secretary shall make a lump sum payment to a State of the total amount of the allotment for the State as specified in subsection (b). ``(e) Definition.--For purposes of this section, the term `State' means the 50 States, the District of Columbia, and the territories contained in the list under subsection (b).''. (b) Repeal.--Effective as of January 1, 2005, section 2008 of the Social Security Act, as added by subsection (a), is repealed.

Declares that, if the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for a State for FY 2002 is less than the FMAP for FY 2001, the FY 2001 FMAP shall be substituted for the State's FMAP for the third and fourth calendar quarters of FY 2002. Declares similarly that if a State's FY 2003 FMAP is less than the FY 2002 FMAP, the FY 2002 FMAP shall be substituted for each calendar quarter of FY 2003.Requires each eligible State for the third and fourth calendar quarters of FY 2002 and each calendar quarter of FY 2003 to have its FMAP increased by 1.0 percentage point. Mandates a specified Medicaid payment cap increase for territories. Prohibits application of the FMAP increases for a State under this Act with respect to: (1) disproportionate share hospital payments under Medicaid; and (2) payments under SSA titles IV and XXI (State Children's Health Insurance) (SCHIP).Amends SSA title XX (Block Grants to States for Social Services), for the purpose of providing State fiscal relief allotments to States and territories in accordance with a specified table, to make appropriations to be available for obligation by the State through June 30, 2004, and for expenditure by the State through September 30, 2004.

A bill to temporarily increase the Federal medical assistance percentage for the medicaid program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Cancer Care for Life Act of 2010''. SEC. 2. IMPROVING QUALITY OF CANCER CARE AND QUALITY OF LIFE FOR PATIENTS AND SURVIVORS. Title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 317U. INFORMATION, SUPPORT, AND OUTCOMES MONITORING TO IMPROVE QUALITY CARE AND QUALITY OF LIFE FOR CANCER PATIENTS AND SURVIVORS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director'), shall improve the quality of cancer care and quality of life for cancer patients and survivors by expanding cancer control programs of the Centers for Disease Control and Prevention, including the National Comprehensive Cancer Control Program and the National Program of Cancer Registries. ``(b) Coordination of Federal Cancer Care and Survivorship.-- ``(1) In general.--The Secretary shall direct the coordination of appropriate agencies described in paragraph (2) for the following purposes: ``(A) To develop information and support to States to-- ``(i) incorporate evidence-based, best practice strategies into Comprehensive Cancer Control Program activities and services of such States; and ``(ii) improve systems of care and care delivery by including promotion of care supporting quality of life for cancer patients, survivors, and the family caregivers of such patients and survivors. ``(B) To develop service delivery efforts with special emphasis on addressing the particular needs of childhood and adolescent cancer patients and survivors, as well as patients and survivors in low-income, racial, or ethnic minority groups, and other medically underserved populations. ``(C) To improve the National Program of Cancer Registries and other existing surveillance systems for tracking cancer patients and survivors and assessing their health status and risk for other chronic and disabling conditions. ``(2) Appropriate agencies.--Appropriate agencies described in this paragraph include the Office of Cancer Survivorship at the National Cancer Institute, the National Institute of Nursing Research, and such other appropriate agencies as determined by the Secretary. ``(c) Improving State and Local Programs To Address Cancer Care and Survivorship.--In conducting or supporting State and local comprehensive cancer control programs through the Centers for Disease Control and Prevention, the Secretary shall provide funding and support to States, localities, and territories to expand and enhance such programs for the following purposes: ``(1) To include emphasis on quality cancer care and survivorship, and provide information and support for quality care initiatives for all cancer patient and survivor populations including women, children, adolescent, minority, and other medically underserved populations. ``(2) To develop and strengthen community outreach and education programs, resources, interventions, and campaigns; strengthen community information delivery systems to inform patients, survivors, and family members about quality of life support and services available to relieve pain, symptoms and stress; increase awareness of treatment and post-treatment health risks and challenges; and provide follow-up care important for survivors. Such programs may-- ``(A) create and disseminate easily accessible, culturally appropriate communication materials and resources tailored to specific audiences; ``(B) inform patients, survivors, and family caregivers about particular symptoms, side effects, and late effects often associated with specific types of cancer or treatments and the importance of addressing them as essential elements of quality health care across the life course, including information on pain, nausea, fatigue, or other physical symptoms; worry, stress, or other psychological or emotional symptoms; lymphedema; cancer-related oral health issues and oral care; sexual dysfunction; fertility concerns and fertility preservation options; specific side effects or late effects that may affect overall health and well being; survivorship follow up care; and any other health-related conditions that are known to be experienced as a result of cancer by patients, survivors, and their family caregivers across the life course; ``(C) provide resource and referral information about other specific issues faced by cancer patients, survivors, and their families, including financial concerns, employment rights, medical leave, insurance coverage, anticipating and managing late effects of treatment and recurrent disease, advance care planning (including advance directives, living wills, and durable powers of attorney), and other care planning involved in health and medical decision-making; and ``(D) assist patients, survivors, and family caregivers with information about how to communicate effectively with health professionals about physical and psychological symptoms, and limitations or barriers to normal daily function that may be caused by treatment of cancer. ``(3) To include special emphasis on addressing the particular needs of children and adolescent cancer patients and survivors, as well as patients and survivors in low-income, racial, or ethnic minority groups, and other medically underserved populations. ``(d) Cancer Care and Survivorship Demonstration Grants.-- ``(1) In general.--The Director shall award competitive grants to States, localities, and not-for-profit organizations for the purposes of developing, implementing, and evaluating cancer case management and coordination programs to enhance the quality of cancer care and quality of life for patients and survivors and to improve cancer outcomes. Specific emphasis shall be on addressing relief of symptoms, pain, side effects, and stress; increasing patient awareness of treatment and post- treatment health risks; and survivor care. ``(2) Application.--A State, locality, or not-for-profit organization seeking a grant under this subsection shall submit to the Director an application (at such time, in such manner, and containing such information as the Director may require), including assurances that the State, locality, or entity will-- ``(A) serve medically underserved populations through specific outreach activities and coordinate culturally competent and appropriate care in accordance with existing, relevant departmental guidelines; and ``(B) evaluate and disseminate to the public annually detailed information about program activities. ``(3) Use of funds.--A State, locality, or not-for-profit entity shall use grant amounts awarded under this subsection to carry out programs that create partnerships with community organizations, including health care providers, cancer centers, hospitals, community health centers, palliative care programs, psychosocial care programs, hospice programs, home care, nonprofit organizations, health plans to facilitate access to integrated care services that support quality of life needs for patients, survivors, and family caregivers. Such activities shall include-- ``(A) patient navigation and referrals, including assistance to patients and survivors in finding support groups; ``(B) interventions for patients, survivors, and caregivers; pain management; palliative care; psychosocial care; hospice; or other end of life care programs; ``(C) general advocacy on behalf of patients, survivors, and families; and ``(D) an evaluation to identify best practices to improve the coordination of cancer and survivorship care services and activities. ``(4) Evaluation and reporting.--The Director shall evaluate activities funded under this subsection and shall submit to Congress (and disseminate to the public) reports related to such evaluation, including findings, outcomes, and other program information. The first report shall be submitted not later than January 1, 2013, with updates provided every three years thereafter. ``(e) Health Care Professional Education and Training Demonstration Grants.-- ``(1) In general.--The Director shall award competitive grants to not-for-profit entities or qualified individuals for the purpose of training individuals to undertake the quality of life needs of cancer patients, survivors, and family caregivers. ``(2) Application.--A not-for-profit entity or qualified individual seeking a grant under this subsection shall submit an application to the Director at such time, and in such manner, and containing such information as the Director may require, including assurances that the entity or individual will-- ``(A) improve health professional communication skills in caring for patients and survivors to more effectively assess and address their quality of life or survivorship concerns; ``(B) assess and relieve pain, symptoms, side effects, and stress associated with cancer and its treatment; ``(C) promote care planning to align treatment with patient and family goals; ``(D) anticipate and communicate about cancer treatment and post-treatment health risks and follow-up care; ``(E) provide palliative, psychosocial, or other care to support quality of life integrated as part of disease-directed treatment to improve quality of cancer care; ``(F) promote use of survivorship care planning; ``(G) improve cultural sensitivity, communication, and patient care for minority and medically underserved populations, including addressing the particular needs of children, adolescents, and their families; racial and ethnic groups, and other medically underserved cancer patient and survivor populations; and ``(H) collect and analyze data related to the effectiveness of education and training efforts. ``(3) Use of funds.--An eligible entity shall use grant amounts awarded under this subsection to train and develop individuals with skills needed to assist the quality of life needs of cancer patients, survivors, and family caregivers by addressing symptoms, pain, side effects, stress, treatment, and post-treatment health risks and train individuals to assist in arranging follow-up care across the life course. ``(4) Evaluation.--The Secretary shall develop and implement a plan for evaluating the effects of professional training programs funded through this subsection. ``(5) Definition.--For purposes of this subsection, the term `qualified individual' means a physician, nurse, social worker, chaplain, psychologist, or other individual who is involved in providing palliative care and symptom management services to cancer patients. ``(f) Quality of Life Advisory Committee.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this section, the Secretary shall establish a Quality of Life Advisory Committee (in this subsection referred to as the `advisory committee') to advise, coordinate, and assist the Centers for Disease Control and Prevention in creating and conducting the cancer quality of life and survivorship activities, program enhancements, and training initiatives specified in subsections (a) through (e). ``(2) Membership.--The Secretary shall appoint to the advisory committee such members as the Secretary considers necessary, and shall include individuals and representatives of public and private organizations with expertise in cancer treatment and care; pain, symptom, and stress management; and cancer survivorship. ``(3) Duties.--The advisory committee shall meet at least once a year and shall-- ``(A) consider and summarize recent advances achieved in cancer symptom management and survivorship research relevant to the goals of this section and identify gaps in basic, clinical, behavioral, or other research required to achieve further improvements in care to support quality of life and survivorship; and ``(B) annually submit to the Secretary a report on the findings described in subparagraph (A) with recommendations about additional research needed to improve care for cancer patients, survivors, and families that will support quality of life and survivorship. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated such sums as are necessary.''. SEC. 3. ENHANCING RESEARCH IN SUPPORT OF QUALITY OF LIFE, AND CANCER SURVIVORSHIP. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. QUALITY CANCER CARE AND CANCER SURVIVORSHIP RESEARCH. ``(a) In General.--The Director of the National Institutes of Health shall, in coordination with recommendations of the Quality of Life Advisory Committee established under section 317U(f), undertake additional cancer quality of life and survivorship research that addresses pain, symptom management, side effects and late effects, and psychosocial factors to improve cancer clinical communication and care planning, treatment and post-treatment, and follow-up care across the life course. ``(b) Authorized Research.--Research supported under this section may include at least the following: ``(1) Examination of evidence-based practices relating to cancer care, survivorship, and follow-up care including comparing community-based public health interventions. ``(2) Analysis of the translation of cancer interventions from academic settings to real world settings. ``(3) Lifestyle, behavioral, and other research on the impact of cancer treatment and survivorship. ``(4) Formative research to assist with the development of educational messages and information, for dissemination to targeted populations such as children, adolescents, racial and ethnic minority groups, and other medically underserved groups, on the residual effects of cancer treatment. ``(5) Health disparities in cancer survivorship outcomes within minority or other medically underserved populations. ``(6) Intervention research to prevent or treat the post- treatment effects of cancer treatment. ``(7) Identification of the unique needs of patients who are diagnosed with rare or deadly cancers or cancers that have not been well studied. ``(8) Development of a consistent, standardized model of service delivery for cancer-related follow-up care across cancer centers and community oncology practices. ``(9) Development, testing, and communication of messages for patients, survivors, and health professionals that will improve understanding, demand for, and delivery of care to relieve pain, symptoms, stress, and other quality of life factors associated with serious illnesses such as cancer. ``(c) Funding.--Such funds as necessary to accomplish the requirements of subsection (a) shall be available from funds reserved under section 402A(c)(1) for the Common Fund or otherwise available for such initiatives.''.

Quality Cancer Care for Life Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to improve the quality of cancer care and the quality of life for cancer patients and survivors by expanding CDC cancer control programs, including the National Comprehensive Cancer Control Program and the National Program of Cancer Registries. Requires the Director of CDC to award grants to: (1) develop, implement, and evaluate cancer case management and coordination programs to enhance the quality of cancer care and the quality of life for patients and survivors and to improve cancer outcomes; and (2) train individuals to undertake the quality of life needs of cancer patients, survivors, and family caregivers. Requires the Secretary to establish a Quality of Life Advisory Committee to advise, coordinate, and assist the CDC in creating and conducting the cancer quality of life and survivorship activities, program enhancements, and training initiatives under this Act. Requires the Director of the National Institutes of Health (NIH) to undertake additional cancer quality of life and survivorship research that addresses pain, symptom management, side effects and late effects, and psychosocial factors to improve cancer clinical communication and care planning, treatment and post-treatment, and follow-up care across the life course.

To amend the Public Health Service Act to improve quality of cancer care and quality of life for patients and survivors by coordinating development and distribution of information about relieving pain, symptoms, side effects, and stress; increasing awareness of treatment and post-treatment health risks for survivors; enhancing research into symptom management and survivorship; increasing health care professional education and training; reducing health disparities in cancer treatment, symptom management, and survivorship care; and expanding and enhancing cancer registries; and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Iran from Acquiring Nuclear Weapons and Stop War Through Diplomacy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In his Nobel Peace Prize acceptance speech on December 10, 2009, President Obama said, ``I know that engagement with repressive regimes lacks the satisfying purity of indignation. But I also know that sanctions without outreach--and condemnation without discussion--can carry forward a crippling status quo. No repressive regime can move down a new path unless it has the choice of an open door.'' (2) In his address to the American Israel Public Affairs Committee on March 4, 2012, President Obama said, ``I have said that when it comes to preventing Iran from obtaining a nuclear weapon, I will take no options off the table, and I mean what I say. That includes all elements of American power. A political effort aimed at isolating Iran; a diplomatic effort to sustain our coalition and ensure that the Iranian program is monitored; an economic effort to impose crippling sanctions; and, yes, a military effort to be prepared for any contingency.'' (3) While the Obama Administration has rejected failed policies of the past by engaging in negotiations with Iran without preconditions, only four of such meetings have occurred. (4) Official representatives of the United States and official representatives of Iran have held only two direct, bilateral meetings in over 30 years, both of which occurred in October 2009, one on the sidelines of the United Nations Security Council negotiations in Geneva, and one on the sidelines of negotiations brokered by the United Nations International Atomic Energy Agency (referred to in this Act as the ``IAEA'') in Vienna. (5) All of the outstanding issues between the United States and Iran cannot be resolved instantaneously. Resolving such issues will require a robust, sustained effort. (6) Under the Department of State's current ``no contact'' policy, officers and employees of the Department of State are not permitted to make any direct contact with official representatives of the Government of Iran without express prior authorization from the Secretary of State. (7) On September 20, 2011, then-Chairman of the Joint Chiefs of Staff Admiral Mike Mullen, called for establishing direct communications with Iran, stating, ``I'm talking about any channel that's open. We've not had a direct link of communication with Iran since 1979. And I think that has planted many seeds for miscalculation. When you miscalculate, you can escalate and misunderstand.'' (8) On November 8, 2011, the IAEA issued a report about Iran's nuclear program and expressed concerns about Iran's past and ongoing nuclear activities. (9) On December 2, 2011, Secretary of Defense Leon Panetta warned that an attack on Iran would result in ``an escalation that would take place that would not only involve many lives, but I think it could consume the Middle East in a confrontation and a conflict that we would regret.'' SEC. 3. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to prevent Iran from pursuing or acquiring a nuclear weapon and to resolve the concerns of the United States and of the international community about Iran's nuclear program and Iran's human rights obligations under international and Iranian law; (2) to ensure inspection of cargo to or from Iran, as well as the seizure and disposal of prohibited items, as authorized by United Nations Security Council Resolution 1929 (June 9, 2010); (3) to pursue sustained, direct, bilateral negotiations with the Government of Iran without preconditions in order to reduce tensions, prevent war, prevent nuclear proliferation, support human rights, and seek resolutions to issues that concern the United States and the international community; (4) to utilize all diplomatic tools, including direct talks, targeted sanctions, Track II diplomacy, creating a special envoy described in section 4, and enlisting the support of all interested parties, for the purpose of establishing an agreement with Iran to put in place a program that includes international safeguards, guarantees, and robust transparency measures that provide for full IAEA oversight of Iran's nuclear program, including rigorous, ongoing inspections, in order to verify that Iran's nuclear program is exclusively for peaceful purposes and that Iran is not engaged in nuclear weapons work; (5) to pursue opportunities to build mutual trust and to foster sustained negotiations in good faith with Iran, including pursuing a fuel swap deal to remove quantities of low enriched uranium from Iran and to refuel the Tehran Research Reactor, similar to the structure of the deal that the IAEA, the United States, China, Russia, France, the United Kingdom, and Germany first proposed in October 2009; (6) to explore areas of mutual benefit to both Iran and the United States, such as regional security, the long-term stabilization of Iraq and Afghanistan, the establishment of a framework for peaceful nuclear energy production, other peaceful energy modernization programs, and counter-narcotics efforts; and (7) that no funds appropriated or otherwise made available to any executive agency of the Government of the United States may be used to carry out any military operation or activity against Iran unless the President determines that a military operation or activity is warranted and seeks express prior authorization by Congress, as required under article I, section 8, clause 2 of the United States Constitution, which grants Congress the sole authority to declare war, except that this requirement shall not apply to a military operation or activity-- (A) to directly repel an offensive military action launched from within the territory of Iran against the United States or any ally with whom the United States has a mutual defense assistance agreement; (B) in hot pursuit of forces that engage in an offensive military action outside the territory of Iran against United States forces or an ally with whom the United States has a mutual defense assistance agreement and then enter into the territory of Iran; or (C) to directly thwart an imminent offensive military action to be launched from within the territory of Iran against United States forces or an ally with whom the United States has a mutual defense assistance agreement. SEC. 4. APPOINTMENT OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY. (a) Appointment.--At the earliest possible date, the President, in consultation with the Secretary of State, shall appoint a high-level United States representative or special envoy for Iran. (b) Criteria for Appointment.--The President shall appoint an individual under subsection (a) on the basis of the individual's knowledge and understanding of the issues regarding Iran's nuclear program, experience in conducting international negotiations, and ability to conduct negotiations under subsection (c) with the respect and trust of the parties involved in the negotiations. (c) Duties.--The high-level United States representative or special envoy for Iran shall-- (1) seek to facilitate direct, unconditional, bilateral negotiations with Iran for the purpose of easing tensions and normalizing relations between the United States and Iran; (2) lead the diplomatic efforts of the Government of the United States with regard to Iran; (3) consult with other countries and international organizations, including countries in the region, where appropriate and when necessary to achieve the purpose set forth in paragraph (1); (4) act as liaison with United States and international intelligence agencies where appropriate and when necessary to achieve the purpose set for in paragraph (1); and (5) ensure that the bilateral negotiations under paragraph (1) complement the ongoing international negotiations with Iran. SEC. 5. DUTIES OF THE SECRETARY OF STATE. (a) Elimination of ``No Contact'' Policy.--Not later than 30 days after the date of enactment of this Act, the Secretary of State shall rescind the ``no contact'' policy that prevents officers and employees of the Department of State from making any direct contact with official representatives of the Government of Iran without express prior authorization from the Secretary of State. (b) Office of High-Level U.S. Representative or Special Envoy.--Not later than 30 days after the appointment of a high-level United States representative or special envoy under section 4(a), the Secretary of State shall establish an office in the Department of State for the purpose of supporting the work of the representative or special envoy. SEC. 6. REPORTING TO CONGRESS. (a) Reports.--Not later than 60 days after the high-level United States representative or special envoy for Iran is appointed under section 4, and every 180 days thereafter, the United States representative or special envoy shall report to the committees set forth in subsection (b) on the steps that have been taken to facilitate direct, bilateral diplomacy with the government of Iran under section 4(c). Each such report may, when necessary or appropriate, be submitted in classified and unclassified form. (b) Committees.--The committees referred to in subsection (a) are-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2012 and 2013.

Prevent Iran from Acquiring Nuclear Weapons and Stop War Through Diplomacy Act - Directs the President to appoint a high-level U.S. representative or special envoy who shall: (1) seek to ease tensions and normalize relations between the United States and Iran, (2) lead U.S. diplomatic efforts with regard to Iran, and (3) act as liaison with U.S. and international intelligence agencies. Directs the Secretary of State to: (1) rescind the no contact policy with Iran, and (2) establish an office in the Department of State to support the work of the representative or special envoy.

To direct the President of the United States to appoint a high-level United States representative or special envoy for Iran for the purpose of ensuring that the United States pursues all diplomatic avenues to prevent Iran from acquiring a nuclear weapon, to avoid a war with Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Medical Emergencies Air Transport Act of 1993''. SEC. 2. GRANTS TO STATES REGARDING AIRCRAFT FOR TRANSPORTING RURAL VICTIMS OF MEDICAL EMERGENCIES. Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) is amended by adding at the end thereof the following new part: ``Part D--Miscellaneous Grant Programs and Requirements ``SEC. 1241. GRANTS FOR SYSTEMS TO TRANSPORT RURAL VICTIMS OF MEDICAL EMERGENCIES. ``(a) In General.--The Secretary shall make grants to States to assist such States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for the injuries or other conditions resulting from such emergencies. ``(b) Application and Plan.-- ``(1) Application.--To be eligible to receive a grant under subsection (a), a State shall prepare and submit to the Secretary an application in such form, made in such manner, and containing such agreements, assurances, and information, including a State plan as required in paragraph (2), as the Secretary determines to be necessary to carry out this section. ``(2) State plan.--An application submitted under paragraph (1) shall contain a State plan that shall-- ``(A) describe the intended uses of the grant proceeds and the geographic areas to be served; ``(B) demonstrates that the geographic areas to be served, as described under subparagraph (A), are rural in nature; ``(C) demonstrate that there is a lack of facilities available and equipped to deliver advanced levels of medical care in the geographic areas to be served; ``(D) demonstrate that in utilizing the grant proceeds for the establishment or enhancement of air medical services the State would be making a cost- effective improvement to existing ground-based or air emergency medical service systems; ``(E) demonstrate that the State will not utilize the grant proceeds to duplicate the capabilities of existing air medical systems that are effectively meeting the emergency medical needs of the populations they serve; ``(F) demonstrate that in utilizing the grant proceeds the State is likely to achieve a reduction in the morbidity and mortality rates of the areas to be served, as determined by the Secretary; ``(G) demonstrate that the State, in utilizing the grant proceeds, will-- ``(i) maintain the expenditures of the State for air and ground medical transport systems at a level equal to not less than the level of such expenditures maintained by the State for the fiscal year preceding the fiscal year for which the grant is received; and ``(ii) ensure that recipients of direct financial assistance from the State under such grant will maintain expenditures of such recipients for such systems at a level at least equal to the level of such expenditures maintained by such recipients for the fiscal year preceding the fiscal year for which the financial assistance is received; ``(H) demonstrate that persons experienced in the field of air medical service delivery were consulted in the preparation of the State plan; ``(I) contain such other information as the Secretary may determine appropriate. ``(c) Considerations in Awarding Grants.--In determining whether to award a grant to a State under this section, the Secretary shall-- ``(1) consider the rural nature of the areas to be served with the grant proceeds and the services to be provided with such proceeds, as identified in the State plan submitted under subsection (b); and ``(2) give preference to States with State plans that demonstrate an effective integration of the proposed air medical transport systems into a comprehensive network or plan for regional or statewide emergency medical service delivery. ``(d) State Administration and Use of Grant.-- ``(1) In general.--The Secretary may not make a grant to a State under subsection (a) unless the State agrees that such grant will be administered by the State agency with principal responsibility for carrying out programs regarding the provision of medical services to victims of medical emergencies or trauma. ``(2) Permitted uses.--A State may use amounts received under a grant awarded under this section to award subgrants to public and private entities operating within the State. ``(3) Opportunity for public comment.--The Secretary may not make a grant to a State under subsection (a) unless that State agrees that, in developing and carrying out the State plan under subsection (b)(2), the State will provide public notice with respect to the plan (including any revisions thereto) and facilitate comments from interested persons. ``(e) Number of Grants.--The Secretary shall award grants under this section to not less than 7 States. ``(f) Reports.-- ``(1) Requirement.--A State that receives a grant under this section shall annually (during each year in which the grant proceeds are used) prepare and submit to the Secretary a report that shall contain-- ``(A) a description of the manner in which the grant proceeds were utilized; ``(B) a description of the effectiveness of the air medical transport programs assisted with grant proceeds; and ``(C) such other information as the Secretary may require. ``(2) Termination of funding.--In reviewing reports submitted under paragraph (1), if the Secretary determines that a State is not using amounts provided under a grant awarded under this section in accordance with the State plan submitted by the State under subsection (b), the Secretary may terminate the payment of amounts under such grant to the State until such time as the Secretary determines that the State comes into compliance with such plan. ``(g) Definition.--As used in this section, the term `rural areas' means geographic areas that are located outside of standard metropolitan statistical areas, as identified by the Secretary. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section, $15,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.

Rural Medical Emergencies Air Transport Act of 1993 - Amends the Public Health Service Act to mandate grants to States for the creation or enhancement of air medical transport systems providing victims of rural medical emergencies with access to treatments. Authorizes appropriations.

Rural Medical Emergencies Air Transport Act of 1993

16, 110th Congress, agreed to in the Senate March 1, 2007, and House Concurrent Resolution 80, 110th Congress, agreed to in the House of Representatives June 18, 2007. SEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE DISARMAMENT OF THE LORD'S RESISTANCE ARMY. (a) Requirement for Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate committees of Congress a strategy to guide future United States support across the region for viable multilateral efforts to mitigate and eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army. (b) Content of Strategy.--The strategy shall include the following: (1) A plan to help strengthen efforts by the United Nations and regional governments to protect civilians from attacks by the Lord's Resistance Army while supporting the development of institutions in affected areas that can help to maintain the rule of law and prevent conflict in the long term. (2) An assessment of viable options through which the United States, working with regional governments, could help develop and support multilateral efforts to eliminate the threat posed by the Lord's Resistance Army. (3) An interagency framework to plan, coordinate, and review diplomatic, economic, intelligence, and military elements of United States policy across the region regarding the Lord's Resistance Army. (4) A description of the type and form of diplomatic engagement across the region undertaken to coordinate and implement United States policy regarding the Lord's Resistance Army and to work multilaterally with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact. (5) A description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region. (c) Form.--The strategy under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY THE LORD'S RESISTANCE ARMY. In accordance with section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to provide additional assistance to the Democratic Republic of Congo, southern Sudan, and Central African Republic to respond to the humanitarian needs of populations directly affected by the activity of the Lord's Resistance Army. SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA. (a) Authority.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda-- (1) to assist internally displaced people in transition and returnees to secure durable solutions by spurring economic revitalization, supporting livelihoods, helping to alleviate poverty, and advancing access to basic services at return sites, specifically clean water, health care, and schools; (2) to enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda with regard to budget management, provision of public goods and services, and related oversight functions; (3) to strengthen the operational capacity of the civilian police in northern Uganda to enhance public safety, prevent crime, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses; (4) to rebuild and improve the capacity of the justice system in northern Uganda, including the courts and penal systems, with particular sensitivity to the needs and rights of women and children; (5) to establish mechanisms for the disarmament, demobilization, and reintegration of former combatants and those abducted by the LRA, including vocational education and employment opportunities, with attention given to the roles and needs of men, women and children; and (6) to promote programs to address psychosocial trauma, particularly post-traumatic stress disorder. (b) Future Year Funding.--It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Uganda demonstrates a commitment to transparent and accountable reconstruction in war-affected areas of northern Uganda, specifically by-- (1) finalizing the establishment of mechanisms within the Office of the Prime Minister to sufficiently manage and coordinate the programs under the framework of the Peace Recovery and Development Plan for Northern Uganda (PRDP); (2) increasing oversight activities and reporting, at the local and national level in Uganda, to ensure funds under the Peace Recovery and Development Plan for Northern Uganda framework are used efficiently and with minimal waste; and (3) committing substantial funds of its own, above and beyond standard budget allocations to local governments, to the task of implementing the Peace Recovery and Development Plan for Northern Uganda such that communities affected by the war can recover. (c) Coordination With Other Donor Nations.--The United States should work with other donor nations to increase contributions for recovery efforts in northern Uganda and better leverage those contributions to enhance the capacity and encourage the leadership of the Government of Uganda in promoting transparent and accountable reconstruction in northern Uganda. (d) Termination of Assistance.--It is the sense of Congress that the Secretary of State should withhold non-humanitarian bilateral assistance to the Republic of Uganda if the Secretary determines that the Government of Uganda is not committed to reconstruction and reconciliation in the war-affected areas of northern Uganda and is not taking proactive steps to ensure this process moves forward in a transparent and accountable manner. SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN NORTHERN UGANDA. (a) Sense of Congress.--It is the sense of Congress that, despite reconstruction and development efforts, a continued failure to take meaningful steps toward national reconciliation and accountability risks perpetuating longstanding political grievances and fueling new conflicts. (b) Authority.--In accordance with section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346), the President is authorized to support efforts by the people of northern Uganda and the Government of Uganda to advance efforts to promote transitional justice and reconciliation on both local and national levels, including to encourage implementation of the mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the Government of Uganda and the Lord's Resistance Army/Movement, signed at Juba February 19, 2008, namely-- (1) a body to investigate the history of the conflict, inquire into human rights violations committed during the conflict by all sides, promote truth-telling in communities, and encourage the preservation of the memory of events and victims of the conflict through memorials, archives, commemorations, and other forms of preservation; (2) a special division of the High Court of Uganda to try individuals alleged to have committed serious crimes during the conflict, and a special unit to carry out investigations and prosecutions in support of trials; (3) a system for making reparations to victims of the conflict; and (4) a review and strategy for supporting transitional justice mechanisms in affected areas to promote reconciliation and encourage individuals to take personal responsibility for their conduct during the war. SEC. 8. REPORT. (a) Report Required.--Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3. (b) Contents.--The report required under section (a) shall include-- (1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4; (2) a description of assistance provided under sections 5, 6, and 7; (3) an evaluation of bilateral assistance provided to the Republic of Uganda and associated programs in light of stated policy objectives; (4) a description of the status of the Peace Recovery and Development Plan for Northern Uganda and the progress of the Government of Uganda in fulfilling the steps outlined in section 6(b); and (5) a description of amounts of assistance committed, and amounts provided, to northern Uganda during the reporting period by the Government of Uganda and each donor country. (c) Form.--The report under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 9. SENSE OF CONGRESS ON FUNDING. It is the sense of Congress that-- (1) of the total amounts to be appropriated for fiscal year 2011 for the Department of State and foreign operations, up to $10,000,000 should be used to carry out activities under section 5; and (2) of the total amounts to be appropriated for fiscal year 2011 through 2013 for the Department of State and foreign operations, up to $10,000,000 in each such fiscal year should be used to carry out activities under section 7. SEC. 10. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives. (2) Great lakes region.--The term ``Great Lakes Region'' means the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda. (3) LRA-affected areas.--The term ``LRA-affected areas'' means those portions of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic determined by the Secretary of State to be affected by the Lord's Resistance Army as of the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - (Sec. 4) Directs the President to submit to Congress a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA). Requires the strategy to include: (1) a plan to help strengthen efforts by the United Nations (U.N.) and regional governments to protect civilians from attacks by the LRA; (2) an assessment of viable options through which the United States could help develop and support multilateral efforts to eliminate the threat posed by the LRA; (3) an interagency framework to plan, coordinate, and review diplomatic, economic, intelligence, and military elements of U.S. policy across the region regarding the LRA; (4) a description of the type and form of diplomatic engagement across the region undertaken to coordinate and implement U.S. policy regarding the LRA and to work multilaterally with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact; and (5) a description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region. (Sec. 5) Authorizes the President to provide additional assistance to respond to the humanitarian needs of populations the Democratic Republic of Congo, southern Sudan, and Central African Republic affected by LRA activity. (Sec. 6) Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) assist internally displaced people in transition and returnees by spurring economic revitalization and advancing access to basic services at return sites; (2) enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda; (3) strengthen the operational capacity of the civilian police and the justice system in northern Uganda; (4) establish mechanisms for the disarmament and reintegration of former combatants and those abducted by the LRA; and (5) promote programs to address psychosocial trauma. Expresses the sense of Congress that: (1) the Secretary of State and the Administrator of the United States Agency for International Development (USAID) should work with Congress to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern Uganda; and (2) the Secretary should withhold non-humanitarian assistance to Uganda if the government of Uganda is not committed to reconstruction and reconciliation in the war-affected areas of northern Uganda and is not taking steps to ensure this process moves forward in a transparent and accountable manner. (Sec. 7) Expresses the sense of Congress that a continued failure to take meaningful steps toward national reconciliation and accountability risks perpetuating political grievances and fueling new conflicts. Authorizes the President to support efforts by the people of northern Uganda and the government of Uganda to promote transitional justice and reconciliation on both local and national levels, including to encourage implementation of the mechanisms in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA. (Sec. 8) Directs the Secretary to report to Congress on implementation of the strategy and evaluation of the assistance under this Act. (Sec. 9) Expresses the sense of Congress that: (1) of the total amounts to be appropriated for FY2011 for the Department of State and foreign operations, up to $10 million should be used to carry out activities under section 5; and (2) of the total amounts to be appropriated for FY2011-FY2013 for the Department of State and foreign operations, up to $10 million in each such fiscal year should be used to carry out activities under section 7. (Sec. 10) Defines: (1) "Great Lakes Region" as the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda; and (2) "LRA-affected areas" as those portions of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic affected by the LRA.

A bill to support stabilization and lasting peace in northern Uganda and areas affected by the Lord's Resistance Army through development of a regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by the Lord's Resistance Army and to authorize funds for humanitarian relief and reconstruction, reconciliation, and transitional justice, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thomas Cole National Historic Site Establishment Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Hudson River school of landscape painting was inspired by Thomas Cole and was characterized by a group of 19th century landscape artists who recorded and celebrated the landscape and wilderness of America, particularly in the Hudson River Valley region in the State of New York; (2) Thomas Cole has been recognized as America's most prominent landscape and allegorical painter in the mid-19th century; (3) the Thomas Cole House in Greene County, New York is listed on the National Register of Historic Places and has been designated as a National Historic Landmark; (4) within a 15 mile radius of the Thomas Cole House, an area that forms a key part of the rich cultural and natural heritage of the Hudson River Valley region, significant landscapes and scenes painted by Thomas Cole and other Hudson River artists survive intact; (5) the State of New York has established the Hudson River Valley Greenway to promote the preservation, public use, and enjoyment of the natural and cultural resources of the Hudson River Valley region; and (6) establishment of the Thomas Cole National Historic Site will provide opportunities for the illustration and interpretation of cultural themes of the heritage of the United States and unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the home and studio of Thomas Cole for the benefit, inspiration, and education of the people of the United States; (2) to help maintain the integrity of the setting in the Hudson River Valley region that inspired artistic expression; (3) to coordinate the interpretive, preservation, and recreational efforts of Federal, State, and other entities in the Hudson Valley region in order to enhance opportunities for education, public use, and enjoyment; and (4) to broaden understanding of the Hudson River Valley region and its role in American history and culture. SEC. 3. DEFINITIONS. As used in this Act: (1) Historic site.--The term ``historic site'' means the Thomas Cole National Historic Site established by section 4. (2) Hudson river artists.--The term ``Hudson River artists'' means artists who belonged to the Hudson River school of landscape painting. (3) Plan.--The term ``plan'' means the general management plan developed pursuant to section 6(d). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE. (a) In General.--There is established, as a unit of the National Park System, the Thomas Cole National Historic Site, in the State of New York. (b) Description.--The historic site shall consist of the home and studio of Thomas Cole, comprising approximately 3.4 acres, located at 218 Spring Street, in the village of Catskill, New York, as generally depicted on the boundary map numbered TCH/80002, and dated March 1992. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary is authorized to acquire lands, and interests in lands, within the boundaries of the historic site by donation, purchase with donated or appropriated funds, or exchange. (b) Personal Property.--The Secretary may also acquire by the same methods as provided in subsection (a), personal property associated with, and appropriate for, the interpretation of the historic site: Provided, That the Secretary may acquire works of art associated with Thomas Cole and other Hudson River artists only by donation or purchase with donated funds. SEC. 6. ADMINISTRATION OF SITE. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and all laws generally applicable to units of the National Park System, including the Act entitled ``An Act To establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1, 2-4), and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) In general.--To further the purposes of this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through the development, presentation, and funding of art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, and use of the historic site. (2) Library and research center.--The Secretary may enter into a cooperative agreement with the Greene County Historical Society to provide for the establishment of a library and research center at the historic site. (c) Exhibits.--The Secretary may display, and accept for the purposes of display, works of art associated with Thomas Cole and other Hudson River artists, as may be necessary for the interpretation of the historic site. (d) General Management Plan.-- (1) In general.--Not later than 2 complete fiscal years after the date of enactment of this Act, the Secretary shall develop a general management plan for the historic site. (2) Submission to congress.--On the completion of the plan, the plan shall be submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Public Lands and Resources of the House of Representatives. (3) Regional wayside exhibits.--The plan shall include recommendations for regional wayside exhibits, to be carried out through cooperative agreements with the State of New York and other public and private entities. (4) Preparation.--The plan shall be prepared in accordance with section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a-1 through 1a-7). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Thomas Cole National Historic Site Establishment Act of 1995 - Establishes the Thomas Cole National Historic Site, New York, as a unit of the National Park System. Authorizes the Secretary of the Interior to: (1) acquire specified lands and interests within the Site's boundaries and personal property associated with and appropriate for the interpretation of the site; (2) enter into cooperative agreements with the State of New York, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through activities related to the preservation, interpretation, and use of the Site and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site; and (3) display, and accept for display, works of art associated with Thomas Cole and other Hudson River artists. Directs the Secretary to: (1) administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System; and (2) develop and submit to specified congressional committees a general management plan for the site, including recommendations for regional wayside exhibits. Authorizes appropriations.

Thomas Cole National Historic Site Establishment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Technology Transfer Program Reauthorization Act of 2001''. SEC. 2. EXTENSION OF PROGRAM AND EXPENDITURE AMOUNTS. (a) In General.--Section 9(n)(1) of the Small Business Act (15 U.S.C. 638(n)(1)) is amended to read as follows: ``(1) Required expenditure amounts.-- ``(A) In general.--With respect to each fiscal year through fiscal year 2009, each Federal agency that has an extramural budget for research, or research and development, in excess of $1,000,000,000 for that fiscal year, shall expend with small business concerns not less than the percentage of that extramural budget specified in subparagraph (B), specifically in connection with STTR programs that meet the requirements of this section and any policy directives and regulations issued under this section. ``(B) Expenditure amounts.--The percentage of the extramural budget required to be expended by an agency in accordance with subparagraph (A) shall be-- ``(i) 0.15 percent for each fiscal year through fiscal year 2003; and ``(ii) 0.3 percent for fiscal year 2004 and each fiscal year thereafter.''. (b) Conforming Amendment.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsections (b)(4) and (e)(6), by striking ``pilot'' each place it appears. SEC. 3. INCREASE IN AUTHORIZED PHASE II AWARDS. (a) In General.--Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended-- (1) by striking ``$500,000'' and inserting ``$750,000''; and (2) by inserting before the semicolon at the end the following: ``, and shorter or longer periods of time to be approved at the discretion of the awarding agency where appropriate for a particular project''. (b) Effective Date.--The amendments made by subsection (a) shall be effective beginning in fiscal year 2004. SEC. 4. AGENCY OUTREACH. Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(14) implement an outreach program to research institutions and small business concerns for the purpose of enhancing its STTR program, in conjunction with any such outreach done for purposes of the SBIR program; and''. SEC. 5. POLICY DIRECTIVE MODIFICATIONS. Section 9(p) of the Small Business Act (15 U.S.C. 638(p)) is amended by adding at the end the following: ``(3) Modifications.--Not later than 120 days after the date of enactment of this paragraph, the Administrator shall modify the policy directive issued pursuant to this subsection to clarify that the rights provided for under paragraph (2)(B)(v) apply to all Federal funding awards under this section, including the first phase (as described in subsection (e)(6)(A)), the second phase (as described in subsection (e)(6)(B)), and the third phase (as described in subsection (e)(6)(C)).''. SEC. 6. STTR PROGRAM DATA COLLECTION. (a) In General.--Section 9(o) of the Small Business Act (15 U.S.C. 638(o)), as amended by this Act, is amended by adding at the end the following: ``(15) collect, and maintain in a common format in accordance with subsection (v), such information from awardees as is necessary to assess the STTR program, including information necessary to maintain the database described in subsection (k).''. (b) Database.--Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or STTR'' after ``SBIR'' each place it appears; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(E) with respect to assistance under the STTR program only-- ``(i) whether the small business concern or the research institution initiated their collaboration on each assisted STTR project; ``(ii) whether the small business concern or the research institution originated any technology relating to the assisted STTR project; ``(iii) the length of time it took to negotiate any licensing agreement between the small business concern and the research institution under each assisted STTR project; and ``(iv) how the proceeds from commercialization, marketing, or sale of technology resulting from each assisted STTR project were allocated (by percentage) between the small business concern and the research institution.''; and (2) in paragraph (2)-- (A) by inserting ``or an STTR program pursuant to subsection (n)(1)'' after ``(f)(1)''; (B) by striking ``solely for SBIR'' and inserting ``exclusively for SBIR and STTR''; (C) in subparagraph (A)(iii), by inserting ``and STTR'' after ``SBIR''; and (D) in subparagraph (D), by inserting ``or STTR'' after ``SBIR''. (c) Simplified Reporting Requirements.--Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) is amended by inserting ``or STTR'' after ``SBIR'' each place it appears. (d) Reports to Congress.--Section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is amended by striking ``and (o)(9),'' and inserting ``, (o)(9), and (o)(15), the number of proposals received from, and the number and total amount of awards to, HUBZone small business concerns under each of the SBIR and STTR programs,''. SEC. 7. STTR PROGRAM-WIDE MODEL AGREEMENT FOR INTELLECTUAL PROPERTY RIGHTS. (a) Development of Model Agreement.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(w) STTR Model Agreement for Intellectual Property Rights.-- ``(1) In general.--The Administrator shall promulgate regulations establishing a single model agreement for use in the STTR program that allocates between small business concerns and research institutions intellectual property rights and rights, if any, to carry out follow-on research, development, or commercialization. ``(2) Opportunity for comment.--In promulgating regulations under paragraph (1), the Administrator shall provide to affected agencies, small business concerns, research institutions, and other interested parties the opportunity to submit written comments.''. (b) Adoption of Model Agreement by Federal Agencies.--Section 9(o)(11) of the Small Business Act (15 U.S.C. 638(o)(11)) is amended by striking ``develop a model agreement not later than July 31, 1993, to be approved by the Administration,'' and inserting ``adopt the agreement developed by the Administrator under subsection (w) as the agency's model agreement''. SEC. 8. FAST PROGRAM ASSISTANCE TO WOMEN-OWNED AND MINORITY-OWNED SMALL BUSINESS CONCERNS AND CONCERNS LOCATED IN AREAS NOT PARTICIPATING IN SBIR AND STTR. (a) Selection Consideration.--Section 34(c)(2)(B) of the Small Business Act (15 U.S.C. 657d(c)(2)(B)) is amended-- (1) in clause (iv), by striking ``and'' at the end; (2) in clause (v), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(vi) whether the proposal addresses the needs of small business concerns-- ``(I) owned and controlled by women; ``(II) owned and controlled by minorities; and ``(III) located in areas that have historically not participated in the SBIR and STTR programs.''. (b) Regulations.--Section 34(c)(4) of the Small Business Act (15 U.S.C. 657d(c)(4)) is amended by adding at the end the following: ``The Administrator shall promulgate regulations establishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).''. Passed the Senate September 13, 2001. Attest: Secretary. 107th CONGRESS 1st Session S. 856 _______________________________________________________________________ AN ACT To reauthorize the Small Business Technology Transfer Program, and for other purposes.

Small Business Technology Transfer Program Reauthorization Act of 2001 - Amends the Small Business Act to: (1) increase and extend through FY 2009 the authorization of appropriations for the Small Business Technology Transfer (STTR) Program; (2) increase to $750,000 the maximum award for small businesses participating in the second phase of an STTR Program; (3) require each Federal agency that is required to establish an STTR Program to implement an outreach program to research institutions and small businesses; (4) require the Administrator of the Small Business Administration (SBA) to modify a certain SBA policy directive with respect to Federal funding awards; (5) require each of the above agencies to collect and maintain information necessary to assess its STTR Program; (6) require STTR information to be included in agency databases currently maintaining Small Business Innovation Research (SBIR) program information; and (7) require STTR information to be included in such agencies' congressional reporting requirements.(Sec. 6) Requires the Administrator to include within an annual report on SBIR and STTR programs the number of proposals received from, and total amounts awarded to, HUBZone small businesses under each program.(Sec. 7) Directs the Administrator to promulgate regulations to establish a single model agreement for use in the STTR program that allocates between small businesses and research institutions intellectual property rights and any rights to carry out follow-on research, development, or commercialization. Requires each Federal agency that adopts an STTR program to adopt such model agreement.(Sec. 8) Revises provisions concerning the Federal and State Technology Partnership Program (a program to strengthen the technological competitiveness of small businesses) to require the Administrator and the SBIR Program managers to consider whether an SBIR Program proposal addresses the needs of small businesses owned and controlled by women and minorities located in areas not participating in SBIR and STTR programs. Requires the Administrator to promulgate regulations establishing standards for the consideration of such proposals.

A bill to reauthorize the Small Business Technology Transfer Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Health Equity Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) abortion is a legal medical service related to pregnancy and the choice to elect an abortion is a personal, private right protected by the Constitution; (2) the Federal Government provides assistance for pregnancy-related care for substantial numbers of women under a variety of Federal programs, including the medicaid program, the Indian health care program, the Federal employees' health benefits program (FEHBP), the program of health care for military dependents and retirees (CHAMPUS), the Peace Corps program, general payments to the District of Columbia, and the program of medical services to Federal penal and correctional institutions; (3) pregnant women who otherwise are provided pregnancy- related care under these programs have been denied equal access to health care services due to Congress' severe and unjustified restrictions on their freedom to choose services that relate to abortion; and (4) denial of access to health care services because those services relate to abortion is unjust and unfair to pregnant women who are or whose spouses are employed by the Federal Government or who otherwise are dependent on the Federal Government for health care and threatens the health and well- being of themselves and their families. SEC. 3. MEDICAID PROGRAM. Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), relating to medical assistance under the medicaid program, is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by inserting ``and'' at the end of subparagraph (F); and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) for making medical assistance available with respect to services related to abortion to the same extent as such assistance is provided with respect to other pregnancy-related services;''. SEC. 4. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. Section 8904 of title 5, United States Code, relating to the type of benefits under the Federal employees health benefits program, is amended by adding at the end the following new subsection: ``(c) All plans contracted for under this chapter shall include benefits for services related to abortion to the same extent as for other pregnancy-related services.''. SEC. 5. INDIAN HEALTH CARE. (a) General Authority.--Section 201(b) of the Indian Health Care Improvement Act (25 U.S.C. 1621(b)), relating to the direct or indirect patient care program for Indians, is amended by adding at the end the following new paragraph: ``(3) Funds appropriated under the authority of this section for each fiscal year are available to provide services related to abortion to the same extent as such funds are available for other pregnancy- related services.''. (b) Conforming Amendment.--Section 806 of the Indian Health Care Improvement Act (25 U.S.C. 1676) is repealed. SEC. 6. MILITARY HEALTH CARE. (a) Members and Former Members.--Section 1074 of title 10, United States Code, relating to medical and dental care for members and certain former members of the uniformed services, is amended by adding at the end the following new subsection: ``(d) Medical care provided under this section shall include services related to abortion to the same extent as such care includes other pregnancy-related services.''. (b) Dependents.--Section 1077(a)(8) of such title, relating to medical care for dependents of members of the uniformed services, is amended-- (1) by striking out the comma after ``infant care'' and inserting in lieu thereof a period; (2) by striking out ``including'' and inserting in lieu thereof ``Such care shall include''; and (3) by inserting before the period at the end the following: ``and services related to abortion to the same extent as other pregnancy-related services''. (c) Conforming Amendment.--Section 1093 of such title is repealed. SEC. 7. PEACE CORPS. Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)), relating to health care for Peace Corps volunteers, is amended by inserting before the period at the end of the first sentence the following: ``, except that health care provided under this subsection to volunteers during their service shall include services related to abortion to the same extent as such care includes other pregnancy-related services''. SEC. 8. DISTRICT OF COLUMBIA. Section 503 of the District of Columbia Self-Government and Governmental Reorganization Act, relating to the authorization of appropriations of the Federal payment to the District of Columbia, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) Amounts appropriated pursuant to the authorization provided under this section shall be made available for services related to abortion to the same extent as such amounts may be made available for other pregnancy-related services.''. SEC. 9. FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS. Section 4005(a) of title 18, United States Code, relating to medical services to the Federal penal and correctional institution, is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of law, medical services provided under this subsection shall include services related to abortion to the same extent as they include other pregnancy-related services.''.

Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available to the same extent as are other pregnancy-related services under federally-funded programs. Repeals provisions of the Indian Health Care Improvement Act requiring submission of a resource allocation plan to the Congress by December 17, 1981.

Reproductive Health Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raising Enrollment with a Government Initiated System for Timely Electoral Registration (REGISTER) Act of 2015''. SEC. 2. TRANSMISSION OF INFORMATION TO STATE OR LOCAL ELECTION OFFICIALS. (a) Designation of Source Agencies.-- (1) In general.--Each State shall designate agencies for purposes of providing source information for voter registration for elections for Federal office under this Act (in this Act referred to as a ``source agency''). (2) Source agency.-- (A) In general.--Source agencies designated under paragraph (1) shall include the following: (i) The State motor vehicle authority. (ii) Any office in the State designated as a voter registration agency pursuant to section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)). (B) Designation of additional agencies.--In addition to the agencies described in subparagraph (A), a State may designate as a source agency an agency that collects (as of the date of enactment of this Act) information necessary to determine eligibility to vote in an election for Federal office. (b) Required Transfer of Information to Election Officials.-- (1) In general.--Not less frequently than every 14 days, subject to paragraph (2), a source agency shall transfer electronically to State or local election officials certain basic information collected since the preceding transfer of information under this subsection with respect to individuals. Such information shall be transferred in a format that can be reviewed by those officials and translated and uploaded onto the computerized statewide voter registration database. (2) Daily transfer during 14 days preceding voter registration deadline for general election.--During the 14-day period preceding the voter registration deadline for a general election, a source agency shall transfer such information under paragraph (1) not less frequently than on a daily basis. (c) Notification of Individuals.--A source agency shall, with respect to any individual disclosing information to the agency that may be relied upon to determine eligibility to register to vote in elections for Federal office-- (1) notify the individual that such information will be transferred in accordance with subsection (b); and (2) provide the individual the opportunity to opt out of automatic voter registration. SEC. 3. ADMINISTRATION OF VOTER REGISTRATION. (a) Registration of Eligible Voters Not Previously Registered.-- (1) In general.--If the information transferred under section 2(b) reflects an individual not included on the voter registration list, and if the appropriate election official determines that the individual meets the qualifications to vote in an election for Federal office and is not otherwise ineligible to vote in such an election (or has not elected to opt out of automatic voter registration pursuant to section 2(c)(2)), the State shall ensure that the eligible voter is registered to vote in accordance with this subsection and is added to the voter registration list. (2) Notification.--If State or local election officials determine, in accordance with paragraph (1), that an individual is an eligible voter, State election officials shall-- (A) notify the individual in writing that they have been registered to vote; and (B) inform the individual of the process to adopt a political party affiliation. (b) Updating of Information of Registered Voters.--If the information transferred under section 2(b) reflects an individual already included on the voter registration list, and if the information reliably indicates a more recent change to the name or address of the individual, the State shall ensure that the records of the individual on the voter registration list are updated accordingly. (c) Nothing Precluding Registration.--Nothing in this section shall preclude a person who has previously declined voter registration from subsequently registering. (d) No Impact on Application of NVRA.--Each State shall maintain all obligations applicable as of the date of enactment of this Act to register voters upon receipt of a valid voter registration application through means provided by the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). SEC. 4. VOTER REGISTRATION REQUIREMENTS. (a) Nothing in this Act shall be construed to amend the substantive qualifications of a voter in a State. (b) Nothing in this Act shall be construed to interfere with the authority or obligation of any election official, under State or Federal law, to-- (1) determine whether an individual is eligible to vote; or (2) conduct regular, nondiscriminatory list maintenance designed to ensure that individuals who are not eligible to vote are not reflected as voters on the statewide voter registration list in accordance with the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). SEC. 5. PROTECTIONS AGAINST LIABILITY OF INDIVIDUALS. Notwithstanding any other provision of law, any individual who is not eligible to vote and who becomes registered to vote under this Act shall not be found on that basis to have made a false claim to citizenship or to have committed an act involving moral turpitude under Federal law, unless such individual affirmatively asserts that he or she is a United States citizen by signing a document that so states after the date of enactment of this Act. SEC. 6. PRIVACY AND SECURITY STANDARDS. (a) Privacy and Security Policy.--The State shall publish and enforce a privacy and security policy specifying each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each such class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy and security of the information on the list. Such policy shall include security safeguards to protect personal information in the data transfer process. This policy shall-- (1) prohibit public disclosure of certain voter information, including the source of a voter's registration and any information not necessary to voter registration; (2) protect against public disclosure of Social Security numbers and digits, driver's license numbers, and signatures; (3) prohibit public disclosure of an individual's decision not to register to vote; (4) prohibit agencies from transmitting to election officials information other than that required for voter registration or specified information relevant to the administration of elections, including language preference and demographic information; and (5) prohibit the disclosure of information relating to persons in categories designated confidential by Federal or State law. (b) No Unauthorized Access.--The State shall establish polices and enforcement procedures to prevent unauthorized access to the statewide voter registration database and to any list provided by a source agency or list maintenance source. (c) Inter-Agency Transfers.--The State shall establish policies and enforcement procedures to maintain security during inter-agency transfers of information required or permitted under this Act. Each source agency participating in such inter-agency transfers of information shall facilitate and comply with such policies. Nothing in this subsection shall prevent a source agency from establishing and enforcing additional security measures to protect the confidentiality and integrity of inter-agency data transfers. (d) Records Retention.--The State shall, as provided in this subsection, establish standards and procedures to maintain all election records required for purposes of this Act, including for the purpose of determining the eligibility of individuals casting provisional ballots. Records for voters who have been retained on the statewide voter registration database but identified as ineligible to vote within the State, or removed from the statewide voter registration list due to ineligibility, shall be maintained and kept available until at least the date of the second general election for Federal office that occurs after the date that the voter was identified as ineligible. SEC. 7. PROTECTIONS AGAINST MISUSE OF INFORMATION. (a) Restriction on Use of Registration Records.--No person acting under color of law may use the statewide voter registration list to attempt to determine the citizenship status of any individual for any purpose other than voter registration, election administration, or the enforcement of laws against election crimes. (b) Restriction on Use of Information.--No information relating to an individual's absence from the statewide voter registration list or an individual's declination to supply information for voter registration purposes at a source may be disclosed to the public, or used for any purpose other than voter registration, election administration, or the enforcement of laws against election crimes. (c) Nondiscrimination.--No person acting under color of law may discriminate against any individual on the basis of the individual's absence from the statewide voter registration list, the information supplied by the individual for voter registration purposes at a source, or the individual's declination to supply such information, except as required to administer elections or enforce election laws. SEC. 8. SPECIAL PROCEDURES RELATING TO TRANSITION. (a) Initial Notification.--Not later than 180 days following the date of enactment of this Act, each State shall mail information regarding automatic voter registration, including the process to opt out of automatic voter registration, to any individual in the State who has provided information necessary to determine eligibility to vote in an election for Federal office to a designated source agency within the 2 years preceding such date of enactment and who is not already registered to vote in the State. (b) Opportunity To Opt Out.--Any individual receiving such information shall have 21 calendar days to opt out of automatic voter registration under this Act. (c) Automatic Registration.--If the State does not receive an opt- out notification from an individual by the end of such 21-day period, the individual shall be registered to vote in the State.

Raising Enrollment with a Government Initiated System for Timely Electoral Registration (REGISTER) Act of 2015 This bill requires each state to designate agencies (including motor vehicle authorities) to transfer electronically to state or local election officials source information on individuals for automatic voter registration for federal elections, unless an individual disclosing information to the agency opts out of automatic registration. Such information must be transferred in a format that can be reviewed by state or local election officials and uploaded into a computerized statewide voter registration database. Registration of eligible voters not previously registered, and who have not opted out, is mandatory. A state must publish and enforce privacy and information security standards meeting specified requirements.

Raising Enrollment with a Government Initiated System for Timely Electoral Registration (REGISTER) Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Owners' Bill of Rights''. SEC. 2. COMPTROLLER GENERAL STUDY OF TECHNICAL SUPPORT FOR COMPUTER OWNERS. (a) In General.--The Comptroller General of the United States shall carry out a study of the technical support (also known as customer service) provided computer owners by the computer industry. (b) Owner Survey.--In carrying out the study under subsection (a), the Comptroller General shall utilize the results of a survey of computer owners conducted by the Comptroller General for purposes of the study. (c) Elements of Study.--The study under subsection (a) shall-- (1) identify the types and ranges of technical support provided computer owners by the computer industry, including the types and ranges of support provided by various segments of the computer industry and the types and ranges of support provided at various times in the life of a computer (such as upon purchase and as part of on-going maintenance); (2) determine whether the technical support provided computer owners by the computer industry is adequate to address the needs of computer owners for such support, including whether or not computer owners receive the support promised by various segments of the computer industry; and (3) identify an appropriate role, if any, for the Federal Government in the regulation of the provision of technical support to computer owners by the computer industry in order to ensure the protection of computer owners in the receipt of such support. (d) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study under subsection (a). The report shall-- (1) set forth the findings and conclusions of the Comptroller General as a result of the study; and (2) include the recommendations of the Comptroller General on the appropriate role, if any, for the Federal Government in the regulation of the provision of technical support to computer owners by the computer industry as identified under subsection (c)(3). SEC. 3. INDUSTRY-WIDE STANDARDS FOR TECHNICAL SUPPORT FOR COMPUTER OWNERS. (a) Standards.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission shall establish standards for the provision of technical support (also known as customer service) for computers and computer-related products by the entities referred to in subsection (c). (b) Technical Support.--For purposes of the standards required by subsection (a), technical support shall include the following: (1) Telephone support. (2) On-line support through the Internet. (3) Support manuals and related documents. (4) On-site support, including in-store support. (5) Such other support as the Commission considers appropriate for coverage under the standards. (c) Covered Entities.--The entities covered by the standards required by subsection (a) in the provision of technical support shall include the following: (1) Manufacturers of computer hardware (including peripherals). (2) Manufacturers of computer software. (3) Consultants and other entities that provide technical support. (4) Computer resellers, if such resellers provide technical support. (5) Such other entities as the Commission considers appropriate for coverage under the standards. (d) Additional Requirements.-- (1) Consultation.--In establishing the standards required by subsection (a), the Commission shall consult with entities to be covered by the standards and with such consumer organizations as the Commission considers appropriate. (2) Separate standards based on imposition of fees.--In establishing the standards, the Commission shall establish separate standards for technical support provided without charge and for technical support provided for a fee or on another remunerative basis. SEC. 4. COMPLIANCE WITH STANDARDS FOR TECHNICAL SUPPORT FOR COMPUTER OWNERS. (a) Guidelines on Collection and Submission of Data on Compliance.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission shall issue guidelines to encourage each entity covered by the standards for the provision of technical support for computers and computer-related products established under section 3 to collect and submit to the Commission the information specified in subsection (c). (b) Consultation.--The Commission shall consult with appropriate consumer organizations in issuing the guidelines under subsection (a). (c) Information.--The information on technical support that is to be collected and submitted by an entity pursuant to the guidelines under subsection (a) shall include such information as the Commission considers appropriate to provide owners and operators of computers and computer-related products for which such technical support is provided with the nature and quality of such technical support, including customer satisfaction with such technical support. (d) Presentation of Information.-- (1) In general.--The guidelines under subsection (a) shall specify the manner of the presentation of information submitted pursuant to the guidelines under subsection (a), including the aggregation, disaggregation, or averaging of information, and any other manner of presentation of information that the Commission considers appropriate. (2) Separate information on each basis of support.--The guidelines shall provide that separate information be collected and submitted under subsection (c) on each basis of technical support provided by each entity submitting information pursuant to the guidelines. (e) Frequency of Submittal.--The guidelines under subsection (a) shall provide for the submittal of information pursuant to the guidelines on a quarterly basis. (f) Publication.--The Commission shall make available to the public, in a form considered appropriate by the Commission, the information submitted to the Commission pursuant to the guidelines under subsection (a). The Commission shall make such information public in both printed and Internet form. SEC. 5. PROTECTION FROM UNSOLICITED MARKETING E-MAIL. (a) In General.--The Federal Trade Commission shall establish a registry in which any person or entity that does not seek to receive unsolicited marketing e-mail (commonly referred to as ``spam'') to a computer may register the e-mail address or addresses of such computer for that purpose. (b) Registration.--The Commission shall permit the registration, including registration by e-mail, of any computer on the registry established under subsection (a). (c) Availability of Registry to Public.--The Commission shall make available to the public the information on the registry established under subsection (a). (d) Prohibition on Unsolicited Marketing E-Mail to Registered Computers.--Except as otherwise authorized by the Commission in regulations prescribed under this section, no person or entity may send or otherwise submit to any computer whose e-mail address is registered on the registry established under subsection (a) unsolicited marketing e-mail. (e) Civil Penalty.--The Commission may impose a civil penalty not to exceed $10,000 for each violation of subsection (d). For purposes of this subsection, each day of violation shall constitute a separate offense. (f) Enforcement Powers.-- (1) In general.--The Commission shall enforce subsection (d) utilizing the powers and authorities available to the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (2) Reporting of violations.--For purposes of the enforcement of the subsection (d), the Commission shall establish mechanisms to permit the reporting of violations of such sections to the Commission, including appropriate links on the Internet web site of the Commission and the use of a toll- free telephone number (commonly referred to as an ``800 number'') for such purposes.

Computer Owners' Bill of Rights - Directs the Comptroller General of the United States to carry out a study of the technical support provided computer owners by the computer industry.Requires the Federal Trade Commission (FTC) to: (1) establish standards for the provision of technical support for computers and computer-related products by computer hardware and software manufacturers, as well as consultants and resellers that provide technical support (entities); (2) issue guidelines to encourage each such entity to collect and submit to the FTC information on the nature and quality of such technical support; and (3) establish a public registry in which any person or entity that does not seek to receive unsolicited marketing e-mail to a computer may register the e-mail address(es) of such computer for that purpose. Prohibits unsolicited marketing e-mail to registered computers.

A bill to protect owners of computers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Tuition Support Act'' or the ``VETS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) There is no more important cause than the defense of the United States. (2) Since 2003, nearly 1,300,000 members of the Armed Forces have served in Iraq or Afghanistan and over 420,000 members of the Armed Forces in the National Guard and Reserve have been called to active duty. (3) The men and women of the Armed Forces put their lives on hold, leave their families, jobs, and postsecondary education in order to serve the United States, and do so with distinction. (4) In 2005, 500,000 veterans claimed education benefits from the Department of Veterans Affairs and approximately 47,000 of those veterans are members of the National Guard or Reserve and recently returned from serving in the Armed Forces in Iraq or Afghanistan. (5) Many members of the Armed Forces depend on various forms of financial aid in addition to their Montgomery GI Bill benefits to help fund their college education. (6) The 6 percent interest rate cap on all debts of members of the Armed Forces called to active duty guaranteed by the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) has been interpreted narrowly by the Secretary of Education not to apply to Federal student loans. (7) Members of the Armed Forces who return from deployment overseas in the Armed Forces and who are unable to continue immediately a program of education that they were forced to discontinue because of such deployment are being forced to begin making payments on their private students loans only 1 month after such return. (8) The transition from service in the Armed Forces in a combat theater to a classroom is a difficult challenge and should not be rushed merely to avoid paying back student loans. (9) As of the date of the enactment of this Act, colleges are not required to make reasonable accommodations for students who are called to active duty in the Armed Forces, such as tuition reimbursement and relaxation of requirements for reenrollment. (10) Members of the Armed Forces who return from deployment overseas and attempt to reenroll in a program of education are overwhelmed with bureaucracy. (11) Studies have shown that symptoms of post-traumatic stress disorder (PTSD) and other non-apparent injuries may take up to a year to manifest. (12) Members of the Armed Forces deserve to have at least a full academic year to reintegrate into society before they are required to begin paying back student loans. (13) Members of the Armed Forces who fight to protect the United States deserve a Government that fights to protect them. (b) Purposes.--The purposes of this Act are-- (1) to assist members of the Armed Forces who return from a deployment to transition from military service to civilian life and to undertake programs of education they were forced to discontinue because of such deployment; (2) to provide a 13-month transition period for such members to reenroll in such a program of education and to begin paying back student loans undertaken for such program of education; (3) to institute a 6 percent interest rate cap on student loans of a member of the Armed Forces while such member is deployed on active duty; and (4) to require providers of programs of education to provide reasonable accommodations to their students who are members of the Armed Forces and who discontinue a program of education because of a deployment. SEC. 3. RELIEF FOR STUDENTS WHO DISCONTINUE EDUCATION BECAUSE OF MILITARY SERVICE. (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE. ``(a) Tuition and Reenrollment.--In the case of a servicemember who because of military service discontinues a program of education at an institution of higher education that administers a Federal financial aid program, such institution of higher education shall-- ``(1) refund to such servicemember the tuition and fees paid by such servicemember from personal funds, or from a loan, for the portion of the program of education for which such servicemember did not receive academic credit because of such military service; and ``(2) provide such servicemember an opportunity to reenroll in such program of education with the same educational and academic status such servicemember had when such servicemember discontinued such program of education because of such military service. ``(b) Deferment of Repayment of Loans.--In the case of a servicemember who because of military service discontinues a program of education at an institution of higher education, the following rules shall apply to a provider of student loans who has provided a student loan to such servicemember that is not in payment status on the date the period of military service begins: ``(1) If such servicemember reenrolls in the program of education (or a comparable program) within 13 months following the period of military service, the provider shall disregard the entire period the program of education was discontinued in determining the date on which repayment of the student loan is to begin. ``(2) If such servicemember does not so reenroll, the provider shall not require repayment of the student loan to begin before the later of the last day of such 13-month period or the date the repayment was to begin without regard to this subsection. ``(c) Interest Rate Limitation on Student Loans.-- ``(1) In general.--Except as provided in paragraph (2) of this subsection, a student loan shall be considered an obligation or liability for the purposes of section 207. ``(2) Exception.--Subsection (c) of section 207 shall not apply to a student loan. ``(d) Definitions.--In this section: ``(1) The term `Federal financial aid program' means a program providing loans made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.). ``(2) The term `institution of higher education' means a 2- year or 4-year institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(3) The term `student loan' means any loan, whether Federal, State, or private, to assist an individual to attend an institution of higher education, including a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).''. (b) Clerical Amendment.--The table of contents in section (1)(b) of such Act is amended by adding at the end the following new item: ``Sec. 707. Tuition, reenrollment, and student loan relief for postsecondary students called to military service.''. (c) Effective Date.--The amendments made by this section shall take effect for periods of military service beginning after the date of the enactment of this section.

Veterans Education Tuition Support Act or VETS Act - Amends the Servicemembers Civil Relief Act to require an institution of higher education, in the case of a servicemember who because of military service discontinues a program of education at an institution that administers a federal financial aid program, to: (1) refund to the servicemember tuition and other fees paid for the portion of the program of education for which the servicemember did not receive academic credit because of such military service; and (2) provide the servicemember an opportunity to reenroll at the institution with the same educational and academic status that the servicemember had when the program was discontinued because of the military service. Requires a provider of a student loan with respect to such a servicemember: (1) if the servicemember reenrolls in the program of education (or a comparable program) within 13 months following the period of military service, to disregard the entire period that the education was discontinued in determining the date on which student loan repayment is to begin; or (2) if the servicemember does not reenroll, to not require loan repayment to begin before the later of the last day of such 13-month period or the date the repayment was otherwise required to begin. Prohibits a court from granting a creditor relief from the 6% limit on interest charged against student loan indebtedness.

A bill to amend the Servicemembers Civil Relief Act to provide for reimbursement to servicemembers of tuition for programs of education interrupted by military service, for deferment of students loans and reduced interest rates for servicemembers during periods of military service, and for other purposes.

SECTION 1. LAND AND WATER CONSERVATION FUND. (a) Reauthorization.--Section 200302 of title 54, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``During the period ending September 30, 2015, there'' and inserting ``There''; and (2) in subsection (c)(1), by striking ``through September 30, 2015''. (b) Allocation of Funds.--Section 200304 of title 54, United States Code, is amended-- (1) by striking ``There'' and inserting ``(a) In General.-- There''; and (2) by striking the second sentence and inserting the following: ``(b) Allocation.--Of the appropriations from the Fund-- ``(1) not less than 40 percent shall be used collectively for Federal purposes under section 200306; ``(2) not less than 40 percent shall be used collectively-- ``(A) to provide financial assistance to States under section 200305; ``(B) for the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c); ``(C) for cooperative endangered species grants authorized under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); and ``(D) for the American Battlefield Protection Program established under chapter 3081; and ``(3) not less than 1.5 percent or $10,000,000, whichever is greater, shall be used for projects that secure recreational public access to Federal public land for hunting, fishing, or other recreational purposes.''. (c) Conservation Easements.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Conservation Easements.--The Secretary and the Secretary of Agriculture shall consider the acquisition of conservation easements and other similar interests in land where appropriate and feasible.''. (d) Acquisition Considerations.--Section 200306 of title 54, United States Code (as amended by subsection (c)), is amended by adding at the end of the following: ``(d) Acquisition Considerations.--The Secretary and the Secretary of Agriculture shall take into account the following in determining the land or interests in land to acquire: ``(1) Management efficiencies. ``(2) Management cost savings. ``(3) Geographic distribution. ``(4) Significance of the acquisition. ``(5) Urgency of the acquisition. ``(6) Threats to the integrity of the land to be acquired. ``(7) The recreational value of the land.''. SEC. 2. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION CONSERVATION FUND. (a) In General.--Chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 104908. National Park Service Maintenance and Revitalization Conservation Fund ``(a) In General.--There is established in the Treasury a fund, to be known as the `National Park Service Critical Maintenance and Revitalization Conservation Fund' (referred to in this section as the `Fund'). ``(b) Deposits to Fund.--Notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the Treasury, for each fiscal year, there shall be deposited in the Fund, from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) $150,000,000. ``(c) Use and Availability.-- ``(1) In general.--Amounts deposited in the Fund shall-- ``(A) be used only for the purposes described in subsection (d); and ``(B) be available for expenditure only after the amounts are appropriated for those purposes. ``(2) Availability.--Any amounts in the Fund not appropriated shall remain available in the Fund until appropriated. ``(3) No limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation. ``(d) National Park System Critical Deferred Maintenance.--The Secretary shall use amounts appropriated from the Fund for high priority deferred maintenance needs of the Service that support critical infrastructure and visitor services. ``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not be used for land acquisition.''. (b) Clerical Amendment.--The table of sections for chapter 1049 of title 54, United States Code, is amended by inserting after the item relating to section 104907 the following: ``104908. National Park Service Maintenance and Revitalization Conservation Fund.''.

This bill makes permanent the Land and Water Conservation Fund (LWCF). Of the appropriations from the LWCF: (1) at least 40% shall be used collectively for federal purposes for certain land and water acquisitions (as currently); (2) at least 40% shall be used collectively to provide financial assistance to states for LWCF purposes and for outdoor recreation, for the Forest Legacy Program, for cooperative endangered species grants, and for the American Battlefield Protection Program; and (3) at least 1.5% or $10 million, whichever is greater, shall be used for projects that secure recreational public access to federal public land for hunting, fishing, or other recreational purposes. The Department of the Interior and the Department of Agriculture shall consider the acquisition of conservation easements and other similar interests in land where it is appropriate and feasible, taking specified considerations into account. The bill establishes a National Park Service Critical Maintenance and Revitalization Conservation Fund in the Treasury for the deposit of specified amounts from revenues due and payable to the United States under the Outer Continental Shelf Lands Act. Amounts deposited in the Fund shall: (1) be used only for the high priority deferred maintenance needs of the National Park Service that support critical infrastructure and visitor services, and (2) be available for expenditure only after amounts are appropriated for such purposes. Amounts in the Fund shall not be used for acquiring land.

To amend chapter 2003 of title 54, United States Code, to fund the Land and Water Conservation Fund and provide for the use of such funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Achievement Center Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson's disease, and traumatic brain injury (TBI) often affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most individuals with MS are diagnosed between the ages of 20 and 50. It is estimated that more than 400,000 individuals in the United States are living with MS. Individuals living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by informal, unpaid, caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The 4 primary symptoms of Parkinson's disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. It is estimated that nearly 1,000,000 individuals live with Parkinson's disease and, of those individuals, 5 to 10 percent are diagnosed with the disease before age 60 and deemed ``early-onset''. (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 1,400,000 new cases of TBI occur annually, resulting in disabilities affecting up to 90,000 individuals among a broad range of age groups. Traumatic brain injury is a serious issue that affects military service members. Estimates in prior military conflicts, indicate that TBI was present in 14 to 20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $306,000,000,000 in unpaid services annually. The current pool of potential family caregivers is dwindling, from 11 potential caregivers for each individual needing care today to a projected ratio of 4 potential caregivers for each such individual by 2050. (6) Recent studies indicate that the total estimated cost to employers for full-time employees with intensive caregiving responsibilities is $17,100,000,000 annually. The total estimated cost to employers for all full-time, employed caregivers is $33,600,000,000 annually. (7) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, individuals with disabilities, and younger adults with chronic diseases. (8) Adult day programs geared toward individuals living with neurological diseases or conditions such as MS, Parkinson's disease, TBI, or other similar diseases or conditions, provide an important response to the needs of individuals living with these conditions and the caregivers of such individuals. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (9) Adult day programs have been shown to provide a range of documented benefits, including improvements in functional status, social support, and reductions in fatigue, depression, and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (10) There are currently few adult day programs focused on younger adult populations in the United States. As a result, the majority of individuals living with neurological diseases are unable to access this important opportunity for maximizing their health and wellness. Although individuals living with neurological diseases or conditions may be able to access other existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with neurological diseases or conditions, including multiple sclerosis, Parkinson's disease, traumatic brain injury, and any other similar disease or condition. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (C) evaluate the extent to which the Administration on Aging supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall prepare and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration on Aging a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions, including the functional abilities of such individuals and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with a neurological disease or condition such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar disease or condition. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary shall ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall prepare and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, and other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``adult day program'' means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to the family caregivers of such individuals, and that may assist such individuals and family caregivers in ways that-- (A) maintain or improve the functional abilities of such individuals, or otherwise help such individuals adjust to changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such a disease or condition; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such a disease or condition. (2) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--There are authorized to be appropriated, in addition to amounts otherwise made available for such purpose, such sums as may be necessary to carry out this section.

Adult Day Achievement Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with neurological diseases or conditions, including multiple sclerosis, Parkinson's disease, or traumatic brain injury. Requires the Assistant Secretary to identify ongoing successful adult day programs and develop a set of best practices to help guide the establishment and replication of additional successful adult day programs. Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund adult day programs. Defines an "adult day program" as a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions and to their family caregivers and that may assist them in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease or condition; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member living with such a disease or condition; (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (6) address the needs of veterans living with such a disease or condition.

A bill to expand and enhance existing adult day programs for individuals with neurological diseases or conditions, including multiple sclerosis, Parkinson's disease, traumatic brain injury, and other similar diseases or conditions, to support and improve access to respite services for family caregivers who are taking care of such individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iowa Medicare PPO Demonstration Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) When the reimbursement system under the Medicare program, which evolved into the Prospective Payment System, was created in 1965, Iowa had pioneered in cost containment techniques and therefore received lower initial reimbursement rates. As inflation adjustments occurred over the years, the differential between reimbursement rates in the various states widened even though many medical costs are themselves similar. (2) Despite the fact that Iowa ranks first among all states in percent of citizens over 85, and fourth in citizens over 65, Medicare beneficiaries in Iowa access the health care system less frequently and experience shorter hospitalizations than residents of many other States. (3) The inflation in general health care costs for which Iowa has been relatively undercompensated coupled with the unique problems of serving a disproportionately aging population in a decentralized rural setting has created a crisis for Iowa's health care providers and the Medicare beneficiaries they serve. (4) The inequity inherent in the Medicare reimbursement differential is symbolized by the fact that Medicare reimbursements per beneficiary for Iowa is $3414, the lowest in the nation, while the figure for Louisiana, the highest, is $8033, or about two and one half times as great. (5) The average cost of living in the two states taken as a percent of that in the entire United States, by contrast, is almost the same, 92.5 for Iowa and 97.4 for Louisiana. (6) If the inequity in Medicare reimbursements did not exist, the modest cost of living differential which exists between Iowa and states such as Louisiana would be even closer than indicated by the statistics described in paragraph (5) because health care spending represents approximately 12 percent of the Gross Domestic Product (GDP), and when an entitlement program of Federal government, such as the Medicare program, provides disproportionately more resources to individuals in one State over another State, generalized economic, and specific health care cost, differentials occur. (7) Because of low Medicare rates, Iowa counties, particularly but not exclusively the smaller ones, are experiencing shortages of doctors and other health care providers, which in the near future could cause a significant access to health care crisis for many Iowa citizens. (8) All citizens pay into Social Security under a uniform set of national standards. (9) Simple fairness and equity in the delivery of government services dictate that the differences in Medicare reimbursement received by each of the several States should not fall far below the differences in the cost of living therein. (10) Low payment rates and a shortage of providers discourage Medicare+Choice organizations from offering plans in rural areas, and this unavailability of a Medicare+Choice option in such areas is unfair to Medicare residents who would like to take advantage of the additional services and other benefits offered through Medicare+Choice plans. (11) In order to encourage the establishment of Medicare+Choice plans in rural States, the Medicare program needs to provide incentives to States, insurers, and other entities interested in sponsoring Medicare+Choice plans in such States. Given Iowa's low Medicare reimbursement rate, it is unlikely that any new health care delivery model can attract sufficient providers unless current Medicare fee-for-service payment rates for those providers are exceeded. (12) Preferred provider organizations are uniquely positioned to provide improved care management and clinical outcomes in part due to the wide-ranging involvement of health care professionals at each stage of a patient-oriented care process. (13) State governments should be encouraged to support and, where appropriate, oversee the establishment of organizations which make available health care services to individuals residing in underserved areas in the State. (b) Purpose.--In order to insure that Iowa's health care facilities and providers have access to the most innovative reimbursement options available under the Medicare program, the Secretary of Health and Human Services may approve a demonstration project to test ways in which cooperative efforts among insurers, institutional providers of services, and health care professionals may provide better access to health care services for Medicare beneficiaries. The demonstration project would be designed to improve access to health care services through the Medicare+Choice program. SEC. 3. CONSIDERATION OF APPLICATIONS FOR THE PREFERRED PROVIDER ORGANIZATION (PPO) DEMONSTRATION PROJECT UNDER THE MEDICARE+CHOICE PROGRAM. (a) In General.--The Secretary of Health and Human Services shall allow the receipt and approval of applications described in subsection (b) for a demonstration project conducted under section 402 of the Social Security Amendments of 1967 for participation of preferred provider organizations (PPOs) under the Medicare+Choice program under part C of title XVIII of the Social Security Act, with the understanding that the demonstration program could cause Medicare reimbursement in Iowa to rise to a level more in line with the average national Medicare reimbursement rate. (b) Application Described.-- (1) In general.--An application described in this subsection is an application by an appropriate insurer domiciled and licensed to sell health insurance or health benefits coverage in the State of Iowa (which for purposes of this project shall include the Illinois, as well as the Iowa, parts of the ``Quad Cities'') to offer a Medicare+Choice plan in that State that meets the requirements described in paragraph (2). (2) Annual plan requirements.--The requirements of a plan for each contract year for which an application is granted under paragraph (1) are as follows: (A) All licensed physicians, hospitals, and practitioners (as defined in section 1842(b)(18)(C) of the Social Security Act) in the State are eligible to be preferred providers under the insurer's network to ensure that the health care needs of the Medicare beneficiaries to be served by the network are met. (B) Appropriate adjustments are made to the payment rates to hospitals for indirect medical education costs and for being a disproportionate share hospital in manner similar to which such payment adjustments are made under subparagraphs (B) and (F), respectively, of section 1886(d)(5) of the Social Security Act. (C) As a preferred provider, a provider of services, physician, and health care practitioner shall be reimbursed for services furnished to Medicare beneficiaries at a rate no less than 110 percent of the payment rate that would otherwise apply for the service under part A or B, as the case may be. (D) The Secretary provides partial underwriting of the financial risk under the plan. (E) The insurer should provide for health care benefits in addition to those required under parts A and B of such title (such as coverage of the costs of some or all outpatient prescription drugs, hearing aids, or eye glasses or reduced cost-sharing), after taking into account costs of administration. (3) Additional payment for start up costs.--In addition to payments made to the insurer under paragraph (2), the Secretary may provide for a payment during the initial phase of the project to reflect additional costs associated with the establishment of preferred provider organizations under the plan. (c) Period of Demonstration Project.--A demonstration project carried out under this section shall operate for a period of 5 years. (d) Advisory Board.-- (1) Establishment.--As a part of the demonstration project conducted under this section, the insurer shall provide for an advisory board to review the appropriateness of proposed payment rates and payment rate changes by the insurer for services furnished by providers under the demonstration project before such rates or changes take effect. (2) Composition.--The Board shall be composed of 7 members with expertise in the field of health care as follows: (A) The Attorney General of Iowa. (B) 2 members appointed by the insurer upon the recommendation of the Governor of Iowa. (C) 2 members appointed by the insurer upon the recommendation of the Iowa Hospital Association. (D) 2 members appointed by the insurer upon the recommendation of the Iowa Medical Society. (3) Terms of appointment.--The term of any appointment under paragraph (2) shall be 5 years. (4) Meetings.--The advisory board shall meet at the call of its chairman or a majority of its members. (5) Vacancies.--A vacancy on the advisory board shall be filled in the same manner in which the original appointment was made not later than 30 days after the advisory board is given notice of the vacancy and shall not affect the power of the remaining members to execute the duties of the advisory board . (6) Compensation.--Members of the advisory board shall receive no additional pay, allowances, or benefits by reason of their service.

Iowa Medicare PPO Demonstration Act of 2003 - Directs the Secretary of Health and Human Services to allow the receipt and approval of applications for a demonstration project conducted under the Social Security Amendments of 1967 for participation of preferred provider organizations under the Medicare+Choice program under part C of title XVIII of the Social Security Act, with the understanding that the demonstration program could cause Medicare reimbursement in Iowa to rise to a level more in line with the average national Medicare reimbursement rate.

To allow applications for the preferred provider organization (PPO) demonstration project under the Medicare+Choice program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Reauthorization Act of 2017''. SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION. Section 104(k)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)) is amended by adding at the end the following: ``(E) Exception.--If, in any fiscal year, the amount appropriated under this subsection exceeds $200,000,000, a grant provided in that fiscal year under subparagraph (A)(ii) may not exceed $600,000 for each site to be remediated.''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A) by striking ``Subject to paragraphs (4) and (5)'' and inserting ``Subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity, based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--A grant awarded under this paragraph may not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G) by striking ``or'' after the semicolon; (2) in subparagraph (H) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1) of this Act) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as so redesignated) by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 9 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include the costs of-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)), so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Paragraph (13) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1) of this Act) is amended to read as follows: ``(13) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $250,000,000 for each of the fiscal years 2017 through 2022.''. SEC. 8. STATE RESPONSE PROGRAM FUNDING. Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2022''.

Brownfields Reauthorization Act of 2017 (Sec. 2) This bill modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 3) The bill modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk. (Sec. 4) The bill revises leaseholder status regarding bona fide prospective purchasers. (Sec. 5) The bill expands CERCLA eligibility for nonprofit organizations and qualified community development entities. (Sec. 6) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 7) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 8) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 9) The bill allows grant recipients to use up to 5% of funds for administrative costs. (Sec. 10) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 11) The bill reauthorizes state response programs through FY2022.

Brownfields Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting the U.S. Corporate Tax Base Act of 2016''. SEC. 2. INCLUSION IN SUBPART F INCOME OF INVESTMENTS BY CONTROLLED FOREIGN CORPORATIONS WITH RESPECT TO MEMBERS OF FOREIGN GROUP WHICH INCLUDES UNITED STATES SHAREHOLDER. (a) In General.--Section 956(a)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) such shareholder's pro rata share of the sum of-- ``(i) the average of the amounts of United States property held (directly or indirectly) by the controlled foreign corporation as of the close of each quarter of such taxable year, and ``(ii) in the case of a controlled foreign corporation which is a member of an expanded affiliated group the common parent of which is not a domestic corporation, the average of the amounts of foreign group property held (directly or indirectly) by the controlled foreign corporation as of the close of each quarter of such taxable year, over''. (b) Foreign Group Property.--Section 956 of such Code is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Foreign Group Property; Expanded Affiliated Group.--For purposes of this section-- ``(1) Foreign group property.-- ``(A) In general.--The term `foreign group property' means any stock or obligation of any foreign person which is not a controlled foreign corporation. ``(B) Exceptions.--Such term shall not include-- ``(i) the stock or obligation of any entity if less than 25 percent of the total combined voting power of such entity, immediately after the acquisition of any stock in such entity by the controlled foreign corporation, is owned (directly or indirectly) by the common parent referred to in subsection (a)(1)(A)(ii), and ``(ii) property described in subparagraph (C), (I), (J), (K) or (L) of subsection (c)(2), applied-- ``(I) by substituting `foreign person' for `United States person' in such subparagraphs (C), (J), and (L), ``(II) by substituting `foreign corporation' for `domestic corporation' in subsection (c)(2)(L)(i), and ``(III) by treating a foreign person as a United States shareholder described in subsection (c)(2)(L)(ii)(I) if such foreign person would be so described if such person were a United States person. ``(C) Limitation on treatment as a controlled foreign corporation.--A foreign corporation shall not be treated as a controlled foreign corporation for purposes of subparagraph (A) unless more than 50 percent of the total combined voting power of all classes of stock of such corporation entitled to vote, and more than 50 percent of the total value of the stock of such corporation, is owned (directly or indirectly) by United States persons described in subparagraph (A) or (C) of section 7701(a)(30). ``(D) Foreign person.--For purposes of this paragraph, the term `foreign person' means any person who is not a United States person (as defined in section 7701(a)(30)). ``(2) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(A) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(B) without regard to paragraphs (2) and (3) of section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity controls (as determined under section 954(d)(3)), or is controlled by (as so determined), members of such group (including any entity treated as a member of such group by reason of this sentence). ``(3) Application to non-corporate entities.--In the case of any entity which is not a corporation-- ``(A) any reference in this subsection to stock shall be treated as a reference to any equity or profits interest in such entity, and ``(B) except as otherwise provided by the Secretary, paragraph (1)(B)(i) shall be applied by substituting `25 percent (by value) of the beneficial interests in such entity' for `25 percent of the total combined voting power of such entity'.''. (c) Application of Rules for Pledges and Guarantees.--Section 956(e) of such Code, as so redesignated, is amended to read as follows: ``(e) Pledges and Guarantees.--For purposes of subsection (a), a controlled foreign corporation shall, under regulations prescribed by the Secretary, be considered as holding-- ``(1) an obligation of a United States person if such controlled foreign corporation is a pledgor or guarantor of such obligation, and ``(2) an obligation of a foreign person if such controlled foreign corporation or, to the extent provided under such regulations, any United States shareholder of such controlled foreign corporation, is a pledgor or guarantor of such obligation.''. (d) Termination of Rule Which Permits Use of Related-Party Transactions To Avoid Treatment as a Controlled Foreign Corporation.-- Section 958(b)(4) of such Code is amended by inserting ``if such stock was acquired by such person on or before May 17, 2016'' before the period at the end. (e) Application of Limitation on Amount of Foreign Taxes Deemed Paid With Respect to Section 956 Inclusions.--Notwithstanding section 214(b) of Public Law 111-226, section 960(c) of the Internal Revenue Code of 1986 shall apply to acquisitions of foreign group property (as defined in 956(d) of such Code, as amended by this section) after December 31, 2010, in addition to acquisitions of United States property (as defined in section 956(c) of such Code) after such date. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of controlled foreign corporations ending after the date of the enactment of this Act and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end. (2) Termination of rule which permits use of related-party transactions to avoid treatment as a controlled foreign corporation.--The amendment made by subsection (d) shall apply to taxable years of controlled foreign corporations ending on or after May 17, 2016, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end.

Protecting the U.S. Corporate Tax Base Act of 2016 This bill amends the Internal Revenue Code to revise the rules for taxing the earnings and determining the stock ownership of certain controlled foreign corporations (CFCs). The bill provides that, in the case of certain CFCs, subpart F income (income of a CFC earned outside the United States that is not tax deferred) includes a U.S. shareholder's pro rata share of any increase in the CFC's investment of earnings in certain foreign property. The bill also revises the rules for determining stock ownership to prohibit a CFC from transferring stock to a foreign affiliate to reduce the portion of stock owned by U.S. shareholders below the level required to be considered a CFC.

Protecting the U.S. Corporate Tax Base Act of 2016

SECTION 1. INVESTIGATIONS OF SUICIDES COMMITTED BY MEMBERS OF THE ARMED FORCES. (a) Investigations Required.-- (1) In general.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1567. Investigations of suicides committed by members of the Armed Forces ``(a) In General.--In the event of a suicide by a member of the Armed Forces on active duty, the Secretary concerned shall provide for the conduct of an investigation into the suicide in accordance with this section. ``(b) Suicide Investigation Board.--(1) Each investigation into a suicide under this section shall be conducted by a board (to be known as a `suicide investigation board') established by the Secretary concerned for purposes of the investigation. ``(2) The head of a suicide investigation board under this subsection shall be a commissioned officer of the Armed Forces concerned on active duty in the grade of brigadier general or higher, or rear admiral (lower half) or higher in the case of the Navy, who is assigned for that purpose by the Secretary concerned. ``(3) Each suicide investigation board under this subsection shall consist of four additional commissioned officers on active duty, who are outside the chain of command of the member of the Armed Forces who committed suicide, who are assigned for that purpose by the Secretary concerned. ``(c) Investigations.--(1) The suicide investigation board established under subsection (b) shall conduct a thorough investigation of the causes contributing to the suicide, including an examination and assessment of actions that could have been taken to prevent the suicide. ``(2)(A) Each investigation under this subsection shall be conducted in accordance with such procedures as the Secretary concerned shall prescribe in regulations. The Secretary of Defense shall ensure, to the extent practicable, that the procedures prescribed for purposes of this paragraph are uniform across the military departments. ``(B) The procedures under subparagraph (A) shall include mechanisms to preserve and protect the privacy and confidentiality of individuals concerned with or participating in investigations under this section, and shall be separate from any criminal investigation. ``(C) The Secretary concerned shall take appropriate actions to ensure that members of the Armed Forces assigned to a board under this section are proficient with the procedures applicable to the board under this paragraph before their participation in a suicide investigation board. ``(3)(A) No person or authority may censure, reprimand, or admonish a board conducting an investigation under this section, or the head or any member of the board, with respect to the actions of the board in conducting the investigation or with the findings or recommendations of the board as a result of the investigation. ``(B) No person or authority may attempt to coerce, or by any unauthorized means, influence the action of a board conducting an investigation under this section, or the head or any member of the board, in reaching the findings or recommendations of the board as a result of the investigation. ``(4) A board's investigation of a suicide under this section shall, to the extent practicable, be completed not later than 30 days after the date of the suicide. ``(d) Construction With Other Investigations.--The investigation of a suicide under this section is in addition to any other investigation, including any investigation for criminal purposes, otherwise authorized or required by law. ``(e) Reports on Investigations.--(1) Each board conducting an investigation under this section into the suicide of a member of the Armed Forces shall submit to the Secretary concerned reports as follows: ``(A) An interim report, not later than 30 days after the date of the suicide of the member, setting forth the preliminary findings of the board as a result of the investigation as of the date of such report. ``(B) A final report, not later than 60 days after the date of the suicide of the member, setting forth the final findings and recommendations of the board as a result of the investigation. ``(2) The recommendations of a board under paragraph (1)(B) may include such recommendations as the board considers appropriate for actions to be taken in order to reduce the incidence of suicide in members of the Armed Forces. ``(3) A board conducting an investigation may at any time submit to the Secretary concerned such other findings or recommendations as the board considers appropriate in order to reduce the incidence of suicide in members of the Armed Forces. ``(4) A report under this subsection may not be treated as a public document and, except as provided in subsection (f), may not be released to the public. ``(f) Public Summaries of Reports on Investigations.--(1) Not later than 60 days after the receipt of a final report of a board under subsection (e)(1)(B) on an investigation under this section, the Secretary concerned shall make available to the public a summary of the report, including the findings and recommendation of the board as a result of the investigation. The summary shall, upon the request of any individual concerned with or participating in the investigation, redact any personal information of the individual, and shall redact such other personal and other information as the Secretary concerned considers appropriate to preserve the privacy, confidentiality, and integrity of the proceedings of the investigation and of investigations generally under this section. ``(2) The Secretary concerned shall permit public comment on each summary made public under paragraph (1) during the 45-day period beginning on the date such summary is made public. ``(3) The Secretary concerned shall provide for the review of any public comments received on a summary under paragraph (2) by such independent party as the Secretary shall select for purposes of the review. ``(g) Department of Defense-Wide Actions.--(1) The Secretary concerned shall transmit each report submitted to such Secretary under subsection (e)(1)(B), and any report submitted to such Secretary under subsection (e)(3), to the Assistant Secretary of Defense for Health Affairs. ``(2) The Assistant Secretary shall take appropriate actions to ensure the dissemination throughout the Department of Defense of any findings and recommendations in the reports submitted to the Assistant Secretary under paragraph (1) that the Assistant Secretary considers appropriate to reduce the incidence of suicide in members of the Armed Forces. ``(3) The Assistant Secretary shall take appropriate actions to ensure the implementation of the findings and recommendations disseminated under paragraph (2). Such actions shall include the following: ``(A) The establishment and maintenance of an electronic database for monitoring the implementation of such findings and recommendations. ``(B) A requirement that all officials responsible for implementing such recommendations update the Assistant Secretary, not less often than once every six months, on the current status of the implementation of such recommendations. ``(4) Not less often than once every six months, each Secretary concerned shall, in coordination with the Assistant Secretary, update any programs and activities of the department concerned relating to the prevention of suicide in members of the Armed Forces in order to ensure that such programs and activities incorporate the recommendations of investigations conducted under this section and such other matters as are appropriate to reduce the incidence of suicide in members of the Armed Forces.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 80 of such title is amended by adding at the end the following new item: ``1567. Investigations of suicides committed by members of the Armed Forces.''. (b) Regulations.--The regulations required under section 1567 of title 10, United States Code (as added by subsection (a)), shall be prescribed not later than 90 days after the date of the enactment of this Act.

Amends federal armed forces law to add provisions concerning investigations of suicides committed by members of the Armed Forces (members). Directs the Secretary of the military department concerned, in the case of a member's suicide, to establish a board, made up of commissioned officers serving on active duty, to investigate the causes contributing to the suicide, including preventive actions that could have been taken. Requires: (1) the protection of confidentiality with respect to such investigations; (2) the investigation to be completed within 30 days after the suicide; and (3) an interim and final board report to the Secretary concerned. Directs the Secretary concerned to make public the investigation results, while protecting the confidentiality of the member. Requires all reports received by the Secretary concerned to be transmitted to the Assistant Secretary of Defense for Health Affairs, who shall take appropriate actions to reduce the incidence of suicide among members.

A bill to amend title 10, United States Code, to provide for the investigation of suicides committed by members of the Armed Forces, and for other purposes.

SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES CODE. (a) Exemption of Certain Performances and Displays on Exclusive Rights.--Section 110(5) of title 17, United States Code, is amended-- (1) by striking ``(A) a direct charge'' and inserting ``(i) a direct charge''; and (2) by striking ``(B) the transmission'' and inserting ``(ii) the transmission''. (b) Ephemeral Recordings.--Section 112(e) of title 17, United States Code, is amended-- (1) by redesignating paragraphs (3) through (10) as paragraphs (2) through (9), respectively; (2) in paragraph (3), as so redesignated, by striking ``(2)'' and inserting ``(1)''; (3) in paragraph (4), as so redesignated-- (A) by striking ``(3)'' and inserting ``(2)''; (B) by striking ``(4)'' and inserting ``(3)''; (C) by striking ``(6)'' and inserting ``(5)''; and (D) by striking ``(3) and (4)'' and inserting ``(2) and (3)''; and (4) in paragraph (6), as so redesignated-- (A) by striking ``(4)'' each place it appears and inserting ``(3)''; and (B) by striking ``(5)'' each place it appears and inserting ``(4)''. (c) Determination of Reasonable License Fees for Individual Proprietors.--Chapter 5 of title 17, United States Code, is amended-- (1) by redesignating the section 512 entitled ``Determination of reasonable license fees for individual proprietors'' as section 513 and placing such section after the section 512 entitled ``Limitations on liability relating to material online''; and (2) in the table of sections at the beginning of that chapter by striking ``512. Determination of reasonable license fees for individual proprietors.'' and inserting ``513. Determination of reasonable license fees for individual proprietors.'' and placing that item after the item entitled ``512. Limitations on liability relating to material online.''. (d) Online Copyright Infringement Liability.--Section 512 of title 17, United States Code, is amended-- (1) in subsection (e)-- (A) by amending the caption to read as follows: ``(e) Limitation on Liability of Nonprofit Educational Institutions.--''; and (B) in paragraph (2), by striking ``Injunctions.--''; and (2) in paragraph (3) of subsection (j), by amending the caption to read as follows: ``(3) Notice and ex parte orders.--''. (e) Integrity of Copyright Management Information.--Section 1202(e)(2)(B) of title 17, United States Code, is amended by striking ``category or works'' and inserting ``category of works''. (f) Protection of Designs.--(1) Section 1302(5) of title 17, United States Code, is amended by striking ``1 year'' and inserting ``2 years''. (2) Section 1320(c) of title 17, United States Code, is amended in the subsection caption by striking ``Acknowledgement'' and inserting ``Acknowledgment''. (g) Miscellaneous Clerical Amendments.-- (1) Section 101 of title 17, United States Code, is amended-- (A) by transferring and inserting the definition of ``United States work'' after the definition of ``United States''; and (B) in the definition of ``proprietor'', by striking ``A `proprietor''' and inserting ``For purposes of section 513, a `proprietor'''. (2) Section 106 of title 17, United States Code, is amended by striking ``120'' and inserting ``121''. (3) Section 118(e) of title 17, United States Code, is amended-- (A) by striking ``subsection (b).'' and all that follows through ``Owners'' and inserting ``subsection (b). Owners''; and (B) by striking paragraph (2). (4) Section 119(a)(8)(C)(ii) of title 17, United States Code, is amended by striking ``network's station'' and inserting ``network station's''. (5) Section 501(a) of title 17, United States Code, is amended by striking ``118'' and inserting ``121''. (6) Section 511(a) of title 17, United States Code, is amended by striking ``119'' and inserting ``121''. SEC. 2. OTHER TECHNICAL CORRECTIONS. (a) Clerical Amendment to Title 28, U.S.C.--The section heading for section 1400 of title 28, United States Code, is amended to read as follows: ``Sec. 1400. Patents and copyrights, mask works, and designs''. (b) Elimination of Conflicting Provision.--Section 5316 of title 5, United States Code, is amended by striking ``Commissioner of Patents, Department of Commerce.''. (c) Clerical Correction to Title 35, U.S.C.--Section 3(d) of title 35, United States Code, is amended by striking ``, United States Code''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes technical amendments to Federal copyright law. Revises the denial of copyright protection for a design embodied in a useful article made public by the designer or owner in the United States or a foreign country more than a certain period of time before the date of the application for copyright registration, to increase from one year to two years such period of time before registration application and consequent copyright denial.

A bill to make technical corrections in title 17, United States Code, and other laws.

SECTION 1. FINDINGS. Congress finds that-- (1) June 15 through August 10, 1994, marks the 50th anniversary of the Mariana campaign of World War II in which American forces captured the islands of Saipan and Tinian in the Northern Marianas and liberated the United States Territory of Guam from Japanese occupation; (2) an attack during this campaign by the Japanese Imperial fleet, aimed at countering the American forces that had landed on Saipan, led to the battle of the Philippine Sea, which resulted in a crushing defeat for the Japanese by United States naval forces and the destruction of the effectiveness of the Japanese carrier-based airpower; (3) the recapture of Guam liberated one of the few pieces of United States territory that was occupied for two and one-half years by the enemy during World War II and restored freedom to the indigenous Chamorros on Guam who suffered as a result of the Japanese occupation; (4) Army, Navy, Marine Corps, and Coast Guard units distinguished themselves with their heroic bravery and sacrifice; (5) the Guam Insular Force Guard, the Guam militia, and the people of Guam earned the highest respect for their defense of the island during the Japanese invasion and their resistance during the occupation; their assistance to the American forces as scouts for the American invasion was invaluable; and their role, as members of the Guam Combat Patrol, was instrumental in seeking out the remaining Japanese forces and restoring peace to the island; (6) during the occupation, the people of Guam-- (A) were forcibly removed from their homes; (B) were relocated to remote sections of the island; (C) were required to perform forced labor and faced other harsh treatment, injustices, and death; and (D) were placed in concentration camps when the American invasion became imminent and were brutalized by their occupiers when the liberation of Guam became apparent to the Japanese; (7) the liberation of the Mariana Islands marked a pivotal point in the Pacific war and led to the American victories at Iwo Jima, Okinawa, the Philippines, Taiwan, and the south China coast, and ultimately against the Japanese home islands; (8) the Mariana Islands of Guam, Saipan, and Tinian provided, for the first time during the war, air bases which allowed land- based American bombers to reach strategic targets in Japan; and (9) the air offensive conducted from the Marianas against the Japanese war-making capability helped shorten the war and ultimately reduced the toll of lives to secure peace in the Pacific. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) an appropriate commemoration of the 50th anniversary of the Mariana campaign should be planned by the United States in conjunction with the Government of Guam and the Government of the Commonwealth of the Northern Mariana Islands; (2) the Secretary of the Interior should take all necessary steps to ensure that appropriate visitor facilities at War in the Pacific National Historical Park on Guam are expeditiously developed and constructed; and (3) the Secretary of the Interior should take all necessary steps to ensure that the monument referenced in section 3(b) is completed before July 21, 1994, for the 50th anniversary commemoration, to provide adequate historical interpretation of the events described in section 1. SEC. 3. WAR IN THE PACIFIC NATIONAL HISTORICAL PARK. (a) Authorization of Appropriations.--Subsection (k) of section 6 of the Act entitled ``An Act to authorize appropriations for certain insular areas of the United States, and for other purposes'', approved August 18, 1978 (92 Stat. 493; 16 U.S.C. 410dd) is amended by striking ``$500,000'' and inserting ``$8,000,000''. (b) Development.--Section 6 is further amended by adding at the end the following subsections: ``(l) Within the boundaries of the park, the Secretary is authorized to construct a monument which shall commemorate the loyalty of the people of Guam and the herosim of the American forces that liberated Guam. ``(m) Within the boundaries of the park, the Secretary is authorized to implement programs to interpret experiences of the people of Guam during World War II, including, but not limited to, oral histories of those people of Guam who experienced the occupation. ``(n) Within six months after the date of enactment of this subsection, the Secretary, through the Director of the National Park Service, shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report containing updated cost estimates for the development of the park. Further, this report shall contain a general plan to implement subsections (l) and (m), including, at a minimum, cost estimates for the design and construction of the monument authorized in section (l). ``(o) The Secretary may take such steps as may be necessary to preserve and protect various World War II vintage weapons and fortifications which exist within the boundaries of the park.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Expresses the sense of the Congress that: (1) an appropriate commemoration of the 50th anniversary of the Mariana campaign of World War II should be planned by the United States in conjunction with the Governments of Guam and the Commonwealth of the Northern Mariana Islands; and (2) the Secretary of the Interior should take steps to ensure that appropriate visitor facilities at War in the Pacific National Historical Park, Guam, are developed and constructed and a monument completed by July 21, 1994, for the historical interpretation of the campaign. Authorizes the Secretary, within the boundaries of the Park, to: (1) construct a monument to commemorate the loyalty of the people of Guam and the heroism of the American forces that liberated Guam; and (2) implement programs to interpret experiences of the people of Guam during World War II, including oral histories of people who experienced the occupation. Requires the Secretary, through the Director of the National Park Service, to develop and submit to specified congressional committees a report containing updated cost estimates for the development of the Park and a general plan to implement this Act, including cost estimates for the design and construction of the monument. Requires the Secretary to take steps to preserve and protect various World War II vintage weapons and fortifications which exist within the Park. Increases the authorization of appropriations for development of the Park.

To provide for additional development at War in the Pacific National Historical Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Enhanced Liability in Transportation for Students Act''. TITLE I--SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM SEC. 101. SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Transportation may award grants to States to develop a school bus seat belt program to purchase type 1 school buses equipped with lap/shoulder seat belts or equip existing type 1 school buses with lap/shoulder seat belts. (b) Application.--In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) an assurance that the State will use grant funds to purchase type 1 school buses with lap/shoulder seat belts or equip existing type 1 school buses with such seat belts; (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code; and (3) a list of the local educational agencies which the State selects to receive the seat belt equipped buses, including the reasons why each agency should receive school buses with seat belts. (c) Local Educational Agency Requirements.--The State shall require that any local educational agency that receives grant funds pursuant to this Act shall develop-- (1) a plan to ensure that all students riding the school buses with lap/shoulder belts are using them; and (2) an educational program regarding seat belt safety. (d) Grant Amounts.--Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (e) Funding.--In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (f) Definition.--In this section, the term ``type 1 school bus'' means a school bus weighing more than 10,000 pounds. (g) Reporting.--Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the lap/shoulder seat belt program in any local educational agency using grant funds under this section, including-- (1) student usage of seat belts; and (2) the impact on school bus seating capacity. TITLE II--SCHOOL BUS DRIVER SAFETY ENFORCEMENT SEC. 201. WITHHOLDING FOR NONCOMPLIANCE OF BACKGROUND CHECKS OF SCHOOL BUS DRIVERS. (a) Withholding Apportionments.--Chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 172. Withholding apportionments for noncompliance of background checks of school bus drivers ``(a) Withholding.--The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2017, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). ``(b) Requirement.--A State meets the requirements of this paragraph if the State has enacted a law that requires the employer to conduct a background check before hiring a school bus driver. Such background check shall include-- ``(1) a review of State and local court information on arrests, charges, convictions; ``(2) a review of any sex offender registry; and ``(3) a review of any child abuse or dependent adult abuse registry. ``(c) Period of Availability of Apportioned Funds.--Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``172. Withholding apportionments for noncompliance of background checks of school bus drivers.''. TITLE III--SCHOOL BUS SAFETY SEC. 301. WITHHOLDING APPORTIONMENTS FOR NONCOMPLIANCE WITH SCHOOL BUS PASSINGS. (a) Withholding Apportionments.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Withholding apportionments for noncompliance with school bus passings ``(a) Withholding of Apportionments for Noncompliance.-- ``(1) Withholding.--The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2017, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). ``(2) Requirement.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that imposes the following penalties to a motorist who is found guilty of illegally passing a stopped school bus: ``(A) First offense.--For a first offense, a fine of not less than $250 with the possibility of jail time and license suspension. ``(B) Second offense within a 5-year period of a first offense.--For a second offense within a 5-year period of a first offense, a fine of not less than $315 with the possibility of jail time and license suspension. ``(b) Period of Availability of Apportioned Funds.--Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Withholding apportionments for noncompliance with school bus passings.''. SEC. 302. GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES. (a) In General.--The Secretary of Transportation may provide grants to States to equip school buses with a motion-activated detection system. (b) Application.--In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) an assurance that the State will use grant funds to purchase motion-activated detection systems for school buses; and (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code. (c) Grant Amounts.--Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (d) Funding.--In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (e) Reports.--Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the motion-activated detection system in any local educational agency using grant funds under this section, including-- (1) whether or not the detection system has prevented children from being hit by a school bus; and (2) a cost benefit analysis of using these detection systems on school buses. (f) Definition.--For purposes of this Act, the term ``motion- activated detection system'' means a sensor system that uses radio signals or radar waves to detect a moving target near the front, rear, and sides of a school bus. The system sounds an alarm to alert the driver when a moving target is detected within the specified danger zones of the bus.

Bring Enhanced Liability in Transportation for Students Act This bill authorizes the Department of Transportation (DOT) to award grants to states to develop a school bus seat belt demonstration program to purchase type 1 school buses (weighing more than 10,000 pounds) equipped with lap/shoulder seat belts or equip existing type 1 buses with such belts. DOT shall withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted a law that requires the employer to conduct background checks before hiring school bus drivers. DOT shall also withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted and is not enforcing a law that imposes specified first offense and second offense civil and criminal penalties for motorists found guilty of illegally passing a stopped school bus. The bill authorizes DOT to provide grants to states to equip school buses with motion-activated detection systems.

Bring Enhanced Liability in Transportation for Students Act

SECTION 1. EXPANSION AND EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT. (a) In General.--Subpart B 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. 30D. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT. ``(a) Allowance of Credit.--In the case of a qualified domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the portion of the tax which is attributable to the taxable income, from sources without the United States, from-- ``(1) the active conduct of a trade or business within American Samoa, or ``(2) the sale or exchange of substantially all of the assets used by the taxpayer in the active conduct of such trade or business. ``(b) Limitation.--The amount of the credit determined under subsection (a) for any taxable year shall not exceed the sum of the following amounts (determined by treating American Samoa as the only possession of the United States): ``(1) 60 percent of the sum of-- ``(A) the aggregate amount of the qualified domestic corporation's qualified possession wages for such taxable year, plus ``(B) the allocable employee fringe benefit expenses of the qualified domestic corporation for such taxable year. ``(2) The sum of-- ``(A) 15 percent of the depreciation allowances for the taxable year with respect to short-life qualified tangible property, ``(B) 40 percent of the depreciation allowances for the taxable year with respect to medium-life qualified tangible property, and ``(C) 65 percent of the depreciation allowances for the taxable year with respect to long-life qualified tangible property. ``(c) Qualified Domestic Corporation.--For purposes of this section, the term `qualified domestic corporation' means any domestic corporation which meets the conditions of both paragraphs (1) and (2) of section 30A(b). ``(d) Credit Not Allowed Against Certain Taxes.--The credit provided by subsection (a) shall not be allowed against any tax referred to in a paragraph of section 30A(c). ``(e) Treatment of Certain Foreign Taxes.--For purposes of this title, any tax of a foreign country or a possession of the United States which is paid or accrued with respect to taxable income which is taken into account in computing the credit under subsection (a) shall not be treated as income, war profits, or excess profits taxes paid or accrued to a foreign country or possession of the United States, and no deduction shall be allowed under this title with respect to any amounts so paid or accrued. ``(f) Administrative Provisions.--For purposes of this title-- ``(1) the credit under this section shall be treated in the same manner as the credit under section 936, and ``(2) a corporation to which this section applies shall be treated in the same manner as if it were a corporation electing the application of section 936. ``(g) Denial of Double Benefit.--Any wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under section 41. ``(h) Application of Section.--This section shall apply to taxable years beginning after December 31, 2007, and before January 1, 2018.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 55(c) of such Code is amended by striking ``and the Puerto Rico economic activity credit under section 30A'' and inserting ``the Puerto Rico economic activity credit under section 30A, and the American Samoa economic development credit under section 30D''. (2) Subclause (I) of section 56(g)(4)(C)(ii) of such Code is amended by inserting ``30D,'' after ``30A,''. (3) Subclause (VI) of section 56(g)(4)(C)(iii) of such Code is amended to read as follows: ``(VI) Application to sections 30a and 30d corporations.--References in this clause to section 936 shall be treated as including references to sections 30A and 30D.''. (4) Subsection (b) of section 59 of such Code is amended by inserting ``, 30D,'' after ``30A'' each place it appears, including the heading. (5) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. American Samoa economic development credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Amends the Internal Revenue Code to allow, between January 1, 2008, and December 31, 2017, a tax credit to certain domestic corporations engaged in business activities and asset sales within American Samoa.

To amend the Internal Revenue Code of 1986 to expand, and extend for 10 years, the American Samoa economic development credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Protection Act of 2011''. SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) De minimis negative impact.--The term ``de minimis negative impact'' means-- (A) with respect to employment levels, a loss of more than 100 jobs, subject to the condition that any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used to offset the job loss calculation; and (B) with respect to economic activity, a decrease in economic activity of more than $1,000,000 during any calendar year, subject to the condition that any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. (b) Analysis of Impacts of Actions on Employment and Economic Activity.-- (1) Analysis.--Prior to promulgating any regulation or other requirement, issuing any policy statement, guidance document, or endangerment finding, implementing any new or substantially altered program, or denying any permit, the Administrator shall analyze the impact on employment levels and economic activity, disaggregated by State, of the regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall use the best available economic models. (B) Annual gao report.--Not later than December 31, 2011, and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Internet website of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post the analysis in the Capitol of the State. (4) Clean water act and other permits.--Each analysis under paragraph (1) shall include a description of estimated job losses and decreased economic activity due to the denial of a permit, including any permit denied under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (c) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (b)(1) that a regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State not less than-- (A) 30 days before the effective date of the regulation, requirement, policy statement, guidance document, endangerment finding, or program; or (B) 48 hours before the denial of a permit. (2) Time, location, and selection.-- (A) In general.--A public hearing required by paragraph (1) shall be held at a convenient time and location for impacted residents. (B) Location.--In selecting a location for a public hearing under subparagraph (A), the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (3) Citizen suits.-- (A) In general.--If a public hearing is required by paragraph (1) with respect to any State, and the Administrator fails to hold such a public hearing in accordance with paragraphs (1) and (2), any resident of the State may bring an action in any United States district court in the State to compel compliance by the Administrator. (B) Relief.--If a resident prevails in an action against the Administrator under subparagraph (A), the United States district court-- (i) shall enjoin the regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial that is the subject of the action; and (ii) may award reasonable attorneys' fees and costs. (C) Appeal.--On appeal of an injunction issued under subparagraph (B)(i), a United States court of appeals-- (i) shall require the submission of briefs not later than 30 days after the date of filing of the appeal; (ii) may not stay the injunction prior to hearing oral arguments; and (iii) shall make a final decision not later than 90 days after the date of filing of the appeal. (d) Notification.--If the Administrator concludes under subsection (b)(1) that a regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall provide a notice of the de minimis negative impact to the congressional delegation, Governor, and legislature of the affected State not later than-- (1) 45 days before the effective date of the regulation, requirement, policy statement, guidance document, endangerment finding, requirement, or program; or (2) 7 days before the denial of the permit.

Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA), prior to promulgating a regulation, policy statement, guidance document, or endangerment finding, implementing any new or substantially altered program, or issuing or denying any permit, to analyze the impact, disaggregated by state, of such requirements, policy statement, guidance, finding, program, permit, or permit denial on employment levels and economic activity. Requires such analysis to include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the Administrator to: (1) post such analysis on EPA's website and request governors of states experiencing more than a de minimis negative impact to post such analysis in their capitols; (2) hold public hearings in each state in which a requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity; and (3) give notice of such impact in a state to such state's congressional delegation, governor, and legislature prior to the effective date of such requirement or program or the denial or issuance of a permit. Defines "de minimis negative impact" to mean: (1) a loss of more than 100 jobs (offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation); and (2) a decrease in economic activity of more than $1,000,000 in a year (offsetting economic activity that result from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation).

A bill to require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance document, endangerment finding, or other requirement, implementing any new or substantially altered program, or denying any permit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Innovation Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) wood products play a significant role in the United States economy; (2) the United States wood products industry employs more than 548,000 individuals in manufacturing and forestry; (3) private forest owners in the United States support approximately 2,400,000 jobs and $87,000,000,000 in payroll; (4) support for wood buildings and growing market opportunities for the use of wood products, such as tall wood building markets, could-- (A) help ensure that forests in the United States remain healthy; and (B) create income streams for private forest owners that may help the owners keep their land forested instead of selling the land for development; (5) developing new markets for wood use in buildings may drive additional investment in hazardous fuels treatments on forest land; (6) innovative wood product technologies and building systems-- (A) have enabled longer wood spans, taller walls, and higher buildings; and (B) continue to expand the possibilities for wood use in construction; (7) wood, because it is a building material that sequesters carbon, has the potential to reduce the overall carbon footprint of a project that uses wood as a building material; (8) research helps to modernize building codes on an international basis, and that modernization is needed in the United States for tall wood buildings; (9) building codes specify a level of safety that each building material and system shall meet and that level of safety is the same regardless of the construction materials used; (10) in the case of wood, building codes ensure that the allowable size, configuration, and required structural and fire protection features of a construction project allow for the safety of all occupants; (11) mass timber buildings, due to the thick, solid wood panels of which the buildings are composed, are slow to burn and have inherent fire resistance that, under many configurations, establishes a fire performance equal to or better than other construction materials, allowing mass timber to be used appropriately for buildings that are significantly taller and larger than traditional wood buildings; and (12) National Forest System lands offer a ready source of wood for use in the production of mass timber and tall wood buildings. SEC. 3. DEFINITIONS. In this Act: (1) Mass timber.--The term ``mass timber'' means a type of building component or system that uses large panelized wood construction, including-- (A) cross-laminated timber; (B) nail laminated timber; (C) glue laminated timber; (D) laminated strand lumber; and (E) laminated veneer lumber. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Tall wood building.--The term ``tall wood building'' means a building designed to be-- (A) constructed with mass timber; and (B) more than 85 feet in height. SEC. 4. ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM FOR ADVANCING TALL WOOD BUILDING CONSTRUCTION. (a) In General.--The Secretary shall establish a performance-driven research and development program for the purpose of advancing tall wood building construction in the United States (referred to in this section as the ``program''). (b) Activities.--In carrying out the program, the Secretary, in consultation with the State and Private Forestry deputy area of the Forest Service, shall-- (1) after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research at the Forest Products Laboratory that meets measurable performance goals for the achievement of the priorities described in subsection (c); and (2) after coordination and collaboration with the wood products industry and conservation organizations, make competitive grants to institutions of higher education to conduct research that meets measurable performance goals for the achievement of the priorities described in subsection (c). (c) Program Priorities.--The research carried out under the program shall give priority to-- (1) ways to improve the commercialization of tall wood building materials; (2) analyzing the safety of tall wood building materials; (3) calculations by the Forest Products Laboratory of the life cycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction; (4) identifying the building code modifications necessary to construct tall wood buildings; (5) analyzing methods to reduce the life cycle environmental footprint of tall wood building construction; (6) analyzing the potential implications of the broad adoption of tall wood building technology and architecture in the commercial and residential building market on wildlife and forest biodiversity; and (7) one or more other research areas identified by the Secretary, in consultation with the State and Private Forestry deputy area of the Forest Service, conservation organizations, institutions of higher education, and the wood products industry. (d) Timeframe.--To the maximum extent practicable, the measurable performance goals for the research carried out under the program shall be achievable within a 5-year timeframe. SEC. 5. TALL WOOD BUILDING COMPETITION. Subject to availability of appropriations, not less frequently than once during each fiscal year for the period of fiscal years 2017 through 2021, the Secretary shall carry out a competition for a tall wood building design in accordance with section 24 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). SEC. 6. WOOD INNOVATION GRANT PROGRAM. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) an individual; (2) a public or private entity (including a center of excellence that consists of one or more partnerships between forestry, engineering, architecture, or business schools at one or more institutions of higher education); or (3) a State, local, or tribal government. (b) Grants Authorized.--The Secretary, in carrying out the wood innovation grant program of the Secretary described in the notice of the Secretary entitled ``Request for Proposals: 2016 Wood Innovations Funding Opportunity'' (80 Fed. Reg. 63498 (October 20, 2015)), may make a wood innovation grant to one or more eligible entities each year for the purpose of the acceleration of the adoption of emerging technologies in the development of innovative wood products for tall wood building construction. (c) Incentivizing Use of Existing Milling Capacity.--In selecting among eligible proposals for the wood innovation grant program, the Secretary shall give priority to proposals which include the use or retrofitting (or both) of existing sawmill facilities located in Counties where the average annual unemployment rate exceeded the national average by more than 1 percent in the previous calendar year. (d) Matching Requirement.--As a condition of receiving a grant under subsection (b), a recipient shall provide funds equal to the amount the recipient receives under the grant, to be derived from non- Federal sources. SEC. 7. TECHNICAL ASSISTANCE. (a) In General.--The Secretary, in cooperation with State foresters and State extension directors (or equivalent State officials), shall carry out a program of education and technical assistance for mass timber applications (referred to in this section as the ``program''). (b) Activities.--Activities under the program shall include-- (1) the provision of assistance to an individual, a public or private entity, or a local or tribal government in the development of skills and knowledge relating to the use of wood in mass timber applications and other wood technologies; (2) the provision of assistance to an individual, a public or private entity, or a State, local, or tribal government in the identification of opportunities for the use of mass timber; and (3) activities to increase public understanding of-- (A) the environmental, economic, and social values associated with using wood in the construction of buildings; and (B) the relationship between the development of markets for wood products and the ability to carry out sustainable forest management. (c) Methods.--The program may include the development and distribution of educational materials and holding events designed to transfer knowledge. (d) Expertise.--The Secretary shall-- (1) maintain, within the Forest Service, sufficient professional expertise relating to the uses of wood products to conduct the program; and (2) improve that expertise by collaborating with other Federal and non-Federal experts on the uses of wood products. (e) Partners.--The Secretary shall collaborate and partner with one or more non-Federal entities, including the governments of other countries, States, local governments, not-for-profit organizations, businesses, and institutions of higher education-- (1) to enhance tall wood building commercialization in the United States; (2) to develop technical assistance relating to tall wood building commercialization; and (3) to carry out the program.

Timber Innovation Act of 2016 This bill directs the Department of Agriculture (USDA) to establish a performance-driven research and development program to advance tall wood building construction in the United States. "Tall wood building" means a building designed to be over 85 feet high and constructed with large panelized wood construction (mass timber), including cross-laminated timber, nail laminated timber, glue laminated timber, laminated strand lumber, and laminated veneer lumber. USDA shall for FY2017-FY2021 carry out an annual competition for a tall wood building design in accordance with the requirements for prize competitions carried out under the Stevenson-Wydler Technology Innovation Act of 1980. In carrying out a wood innovation grant program, USDA may make a wood innovation grant to one or more specified eligible entities in order to accelerate the adoption of emerging technologies in the development of innovative wood products for tall wood building construction. USDA shall give priority to grant proposals which include the use or retrofitting (or both) of existing sawmill facilities in counties where the average annual unemployment rate exceeded the national average by more than 1% in the previous year. USDA shall carry out a program of education and technical assistance for mass timber applications. USDA shall collaborate and partner with one or more nonfederal entities, including governments of other countries, to: enhance tall wood building commercialization of the United States, develop technical assistance related to tall wood building commercialization, and carry out the program.

Timber Innovation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRA Savings Opportunity Act of 1997''. SEC. 2. MODIFICATIONS TO INDIVIDUAL RETIREMENT PLANS. (a) Increase in Income Limitations.--Subparagraph (B) of section 219(g)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$40,000'' in clause (i) and inserting ``$80,000, and (2) by striking ``$25,000'' in clause (ii) and inserting ``$50,000''. (b) Extension of Phaseout Range.--Clause (ii) of section 219(g)(2)(A) of such Code is amended by striking ``$10,000'' and inserting ``$20,000''. (c) Additional $2,000 of Nondeductible Contributions Permitted for Certain Individuals Who Are Not Active Participants in Employer Plans.-- (1) In general.--Subparagraph (B) of section 408(o)(2) of such Code (relating to nondeductible limit) is amended by adding at the end the following new clause: ``(iii) Additional $2,000 of nondeductible contributions permitted for certain individuals who are not active participants in employer plans.-- ``(I) In general.--In the case of an individual who is not an active participant (as defined in section 219(g)) for any part of any plan year ending with or within the taxable year, the amount determined under clause (i)(I) shall be increased by $2,000. ``(II) Reduction based on adjusted gross income.--The $2,000 amount in subclause (I) shall be reduced (but not below zero) by an amount which bears the same ratio to $2,000 as the excess of the taxpayer's adjusted gross income (as determined under section 219(g)(3)) for the taxable year over the applicable dollar amount (as defined in such section) bears to $20,000. The rules of subparagraphs (B) and (C) of paragraph (2), and paragraph (4), of section 219(g) shall apply for purposes of the preceding sentence.'' (2) Conforming amendments.-- (A) Subsections (a)(1), (b), and (j) of section 408 of such Code are each amended by striking ``$2,000'' and inserting ``$4,000''. (B) The last sentence of section 408(d)(5) of such Code is amended by striking before the period ``and by treating the limitation under section 219(b)(1)(A) as being $4,000''. (C) The last sentence of section 4973(b) of such Code (relating to excess contributions) is amended to read as follows: ``For purposes of paragraphs (1)(B) and (2)(C), the amount allowable as a deduction under section 219 shall be computed without regard to section 219(g) and by treating the limitation under section 219(b)(1)(A) as being $4,000.'' (d) Eligibility for IRA Deduction Determined Without Regard to Spouse's Participation in Pension Plan.--Paragraph (1) of section 219(g) of such Code (relating to limitation on deduction for active participants in certain pension plans) is amended by striking ``or the individual's spouse''. (e) Alternative Credit for Lower Income Taxpayers.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. RETIREMENT SAVINGS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the amount which would (but for subsection (c)) be allowed as a deduction under section 219 for such taxable year. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit which would (but for this subsection) be allowed under subsection (a) for the taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to such amount of credit as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) $10,000. ``(2) Rounding.--Any amount determined under this subsection which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of this subsection, the term `applicable dollar amount' means-- ``(A) in the case of a taxpayer filing a joint return, $40,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $25,000, and ``(C) in the case of a married individual filing a separate return, zero. The rule of section 219(g)(4) shall apply for purposes of this paragraph. ``(c) Coordination With Deduction.--No deduction shall be allowed under section 219 for amount paid by or on behalf of an individual for any taxable year if any such amount (with respect to such individual) is taken into account in determining the credit under this section for such year.'' (2) Clerical amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Retirement savings.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. COORDINATION OF IRA DEDUCTION LIMIT WITH ELECTIVE DEFERRAL LIMIT. (a) In General.--Section 219(b) of the Internal Revenue Code of 1986 (relating to maximum amount of deduction) is amended by adding at the end the following new paragraph: ``(5) Coordination with elective deferral limit.--The amount determined under paragraph (1) and subsection (c)(1)(A) with respect to any individual for any taxable year shall not exceed the excess (if any) of-- ``(A) the limitation applicable for the taxable year under section 402(g)(1), over ``(B) the elective deferrals (as defined in section 402(g)(3)) of such individual for such taxable year.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

IRA Savings Opportunity Act of 1997 - Amends the Internal Revenue Code, with respect to retirement savings plans, to, among other things: (1) double income limitations; (2) permit a worker without an employer plan to contribute an additional $2,000 to a plan; and (3) allow a credit of 20 percent, subject to income limitations, for amounts which would otherwise be allowed as a qualified retirement deduction.

IRA Savings Opportunity Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equalizing Transparency for Veterans Act''. SEC. 2. PUBLICATION OF INFORMATION ON PROVISION OF HEALTH CARE BY DEPARTMENT OF VETERANS AFFAIRS. (a) Publication of Information.-- (1) In general.--Not later than two years after the date of the enactment of this Act, and biennially thereafter, the Secretary of Veterans Affairs shall publish on an Internet database of the Department of Veterans Affairs that is publically available information on the provision of health care by the Department of Veterans Affairs. (2) Elements.-- (A) Medical facilities.--With respect to each medical facility of the Department, including community based outpatient clinics, each publication required by paragraph (1) shall include, at a minimum, the following: (i) The measures regarding inpatient and outpatient care made publically available by the Secretary of Health and Human Services pursuant to section 1886(b)(3)(B)(viii)(VII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)(VII)), including with respect to emergency department throughput measures, hospital consumer assessment of health-care providers and systems, and the national healthcare safety network. (ii) Per each discharged patient of such a facility-- (I) the average length of stay; (II) the opioid prescription rate; and (III) the suicide rate. (iii) The average number of days a patient waited beginning on the date on which an appointment or procedure was requested and ending on the date on which the appointment or procedure occurred. (B) Nursing homes.--With respect to each nursing home of the Department of Veterans Affairs, each publication required by paragraph (1) shall include, at a minimum, any measures that the Secretary of Health and Human Services makes publically available with respect to Medicare nursing homes. (C) Period covered.--The information included pursuant to subparagraphs (A) and (B) in each publication required by paragraph (1) shall cover the period that the Secretary of Veterans Affairs determines is equivalent to the period covered by the Secretary of Health and Human Services in publishing similar information. (3) Personal information.--The Secretary shall ensure that personal information connected to information published under paragraph (1) is protected from disclosure as required by applicable law. (b) Validation.--The Secretary shall establish a process to validate the information published under subsection (a). Such process shall include the following: (1) An audit of a number of randomly selected medical facilities that is sufficient to ensure the validity of such information. (2) An opportunity for a medical facility described in paragraph (1) to appeal the validation of such information. (c) Annual Report.--Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that includes-- (1) a listing of the facilities of the Department that rank within the bottom quartile on each quality measure used by the Secretary to determine such rankings, including, as applicable, the measures used in the database under subsection (a); and (2) a plan to improve each such facility. (d) Comptroller General Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth recommendations for additional elements to be included with the information published under subsection (a) to improve the evaluation and assessment of the safety and health of individuals receiving care under the laws administered by the Secretary and the quality of care received by such individuals. (e) Toll-Free Hotline on Care Provided.--Not later than two years after the date of the enactment of this Act, the Secretary shall-- (1) establish a toll-free telephone number for individuals to use to notify the Secretary of low-quality care being provided at a health care facility of the Department of Veterans Affairs; and (2) ensure that patients at such a health care facility, and caregivers of such patients, are informed of such telephone number.

Equalizing Transparency for Veterans Act - Directs the Secretary of Veterans Affairs (VA) to biennially publish information on the VA's provision of health care on a VA Internet database that is publicly available. Includes among that information for each VA medical facility: quality measures regarding inpatient and outpatient care that the Secretary of Health and Human Services (HHS) is required to make publicly available under the Medicare program; the average length of stay, opioid prescription rate, and suicide rate for patients discharged from the facility; and the average number of days a patient waited for an appointment or procedure at such facility. Includes in such information for each VA nursing home any quality measures the Secretary of HHS makes publicly available regarding Medicare nursing homes. Directs the Secretary to establish a process to validate the published information. Requires the Secretary to annually submit a plan to Congress to improve each VA medical facility that ranks within the bottom quartile on each quality measure used by the Secretary to rank such facilities. Directs the Secretary to establish a toll-free telephone number for individuals to use to notify the Secretary of low-quality care being provided at a VA medical facility.

Equalizing Transparency for Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fracturing Responsibility and Awareness of Chemicals Act'' or the ``FRAC Act''. SEC. 2. REGULATION OF HYDRAULIC FRACTURING. (a) Underground Injection.--Section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and inserting the following: ``(1) Underground injection.-- ``(A) In general.--The term `underground injection' means the subsurface emplacement of fluids by well injection. ``(B) Inclusion.--The term `underground injection' includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations relating to oil or gas production activities. ``(C) Exclusion.--The term `underground injection' does not include the underground injection of natural gas for the purpose of storage.''. (b) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended by adding at the end the following: ``(4) Disclosures of chemical constituents.-- ``(A) In general.--A person conducting hydraulic fracturing operations shall disclose to the State (or to the Administrator, in any case in which the Administrator has primary enforcement responsibility in a State), by not later than such deadlines as shall be established by the State (or the Administrator)-- ``(i) before the commencement of any hydraulic fracturing operations at any lease area or a portion of a lease area, a list of chemicals intended for use in any underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the anticipated volume of each chemical to be used); and ``(ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals used in each underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the volume of each chemical used). ``(B) Public availability.--The State (or the Administrator, as applicable) shall make available to the public the information contained in each disclosure of chemical constituents under subparagraph (A), including by posting the information on an appropriate Internet website. ``(C) Immediate disclosure in case of medical emergency.-- ``(i) In general.--Subject to clause (ii), the regulations promulgated pursuant to subsection (a) shall require that, in any case in which the State (or the Administrator, as applicable) or an appropriate treating physician or nurse determines that a medical emergency exists and the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical treatment, the applicable person using hydraulic fracturing shall, upon request, immediately disclose to the State (or the Administrator) or the treating physician or nurse the proprietary chemical formula or specific chemical identity of a trade-secret chemical, regardless of the existence of-- ``(I) a written statement of need; or ``(II) a confidentiality agreement. ``(ii) Requirement.--A person using hydraulic fracturing that makes a disclosure required under clause (i) may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the State (or the Administrator) or the treating physician or nurse under that clause. ``(D) No public disclosure required.--Nothing in subparagraph (A) or (B) authorizes a State (or the Administrator) to require the public disclosure of any proprietary chemical formula.''.

Fracturing Responsibility and Awareness of Chemicals Act or the FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and gas production activities under such Act. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to make such disclosure available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical treatment, to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, or the treating physician or nurse upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable.

A bill to amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expansion of National Security Agency Oversight Act''. SEC. 2. INCLUSION OF ADDITIONAL COMMITTEES IN CERTAIN REPORTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Physical Searches.-- (1) Definitions.--Section 301 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821) is amended-- (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting after paragraph (1) the following new paragraph: ``(2) `Appropriate congressional committees' means-- ``(A) the Permanent Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and ``(B) the Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.''. (2) Reports.--Section 306 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is amended by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate,'' and inserting ``the appropriate congressional committees''. (b) Pen Register and Trap and Trace Devices.-- (1) Definitions.--Section 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph: ``(4) The term `appropriate congressional committees' has the meaning given the term in section 301.''. (2) Reports.--Section 406 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1846) is amended-- (A) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,'' and inserting ``the appropriate congressional committees''; and (B) in subsection (b), by striking ``the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate'' and inserting ``the appropriate congressional committees''. (c) Access to Certain Business Records.--Section 502 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended-- (1) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate'' and inserting ``the appropriate congressional committees''; (2) in subsection (b), by striking ``the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence'' and inserting ``the appropriate congressional committees''; and (3) by adding at the end the following new subsection: ``(d) In this section, the term `appropriate congressional committees' has the meaning given the term in section 301.''. (d) General Oversight.--Section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended-- (1) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate'' and inserting ``the appropriate congressional committees''; (2) in subsection (c), by striking ``the committees of Congress referred to in subsection (a)'' and inserting ``the appropriate congressional committees''; (3) in subsection (d), by striking ``the committees of Congress referred to in subsection (a)'' and inserting ``the appropriate congressional committees''; and (4) in subsection (e)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' has the meaning given the term in section 301.''. (e) Additional Procedures Regarding Certain Persons Outside the United States.-- (1) Definitions.--Section 701(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)) is amended-- (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (B) by inserting before paragraph (2) the following new paragraph: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' has the meaning given the term in section 301.''. (2) Reports.--Section 707(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881f(a)) is amended by striking ``the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives'' and inserting ``the appropriate congressional committees''.

Expansion of National Security Agency Oversight Act - Amends the Foreign Intelligene Surveillance Act of 1978 (FISA) to include the House Committees on Armed Services and Foreign Affairs and the Senate Committees on Armed Services and Foreign Relations (in addition to the intelligence and judiciary committees) as congressional committees to which the Attorney General is required to report under FISA with respect to physical searches, pen register and trap and trace devices, access to certain business records for intelligence purposes, semiannual FISA reviews, and targeting of persons outside the United States to obtain intelligence information.

Expansion of National Security Agency Oversight Act

That this Act may be cited as the ``Small Business Preservation and Protection Act of 1993''. congressional finding and declaration of policy Sec. 2. (a) The Congress finds that the existence, in businesses engaged in commerce or in the production, processing, manufacturing, and distribution of livestock and meat food products for commerce, of marketing conditions detrimental to the maintenance of a free and competitive environment needed for the health, efficiency, and the general well-being of business (1) unduly burdens small businesses; (2) burdens commerce and the free flow of livestock and meat food products in commerce; (3) impairs the participation of small business enterprises in Federal procurement and Government contracts; (4) interferes with the orderly and fair marketing of goods in commerce by small businesses; (5) leads to a burdening and obstruction of commerce and the free flow of goods in commerce; and (6) that it is in the national interest to further define the level of activity and course of conduct which is appropriate for the protection of small businesses. (b) It is declared to be the policy of this Act, through the exercise by Congress of its power to assist and protect small businesses, to correct, to prevent, and as rapidly as possible to eliminate the conditions referred to above. definitions Sec. 3. As used in this Act-- (a) ``Administrator'' means the Administrator of the Small Business Administration of the United States, or any officer or employee of the Small Business Administration to whom authority has been or may be delegated to act in his stead; (b) ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; (c) ``commerce'' means trade, traffic, commerce, or transportation, within the jurisdiction of the United States (1) between a place in a State and any place outside of such State, or (2) which affects trade, traffic, commerce, or transportation described in clause (1); (d) ``activity affecting commerce'' means any activity in commerce, or burdening or obstructing commerce or the free flow of goods in commerce, or having led or tending to lead to a burdening or obstruction of commerce or the free flow of commerce, or having led or tending to impair a free and competitive environment needed for the health, efficiency, and general well-being of business; (e) ``person'' means any individual or any partnership, corporation, joint stock company, any organized group whether or not incorporated, or any other business association existing under or authorized by the laws of either the United States, the laws of any State, or the laws of any foreign country; (f) ``packer'' means any person engaged in the business (1) of buying livestock in commerce for the purposes of slaughter, or (2) of manufacturing or preparing meats or meat food products for sale, or shipment in commerce, or (3) of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, or (4) of buying, slaughtering, manufacturing, preparing, or processing meats, meat food products, or livestock which involves any activity affecting commerce. For the purposes of this Act, all references to ``packer'' also include any person who directly or indirectly owns or controls a packer or any subsidiary, plant, facility, division, affiliate, joint venture, or any other entity under the direct or indirect control of a packer; (g) ``small business meatpacking concern'' means any packer which has less than a 5 per centum share of the national slaughter for each of the three classifications; (h) ``slaughter'' means the act of killing an animal for human consumption; (i) ``process'' means any reduction of the carcass, after slaughter, into smaller cuts (such as primals or fabricated cuts) or cutting the carcass or primals to subprimals or smaller. For purposes of this Act, ``process'' shall be synonymous with ``fabricate'' or ``break''; (j) ``carcass'' means the dressed body of a slaughtered animal, excluding viscera, and includes each of the four quarters of the animal; (k) ``meat food products'' means all products and byproducts of the cattle and hog slaughtering and meatpacking industry, if edible; (l) ``livestock'' means cattle or hogs, whether live or dead; (m) ``classification'' refers to each of the following: (1) steers and heifers, (2) cows and bulls, or (3) hogs. For the purposes of this Act, there are three separate classifications; (n) ``livestock futures contract'' means standardized contracts covering the purchase or sale of cattle, hogs or meat food products for future delivery on or subject to the rules of a contract market designated pursuant to section 5 of the Commodity Exchange Act as amended (7 U.S.C. 7); (o) ``retail'' means to sell directly to the consumer; and (p) ``future livestock transaction'' means any livestock futures contract and any contract dealing with cattle, hogs or meat food products, whether traded on a contract market or not, commonly known to the trade as a margin account, margin contract, leverage account, leverage contract, option, privilege, indemnity, bid, offer, put, call, advance guaranty, or decline guaranty. prohibited activities Sec. 4. (a) Each of the following activities is deemed to be unfair and detrimental to small business meatpacking concerns and each such activity is prohibited as follows: (1) No packer which is not a small business meatpacking concern shall own, lease, or operate in any manner any retail meat outlet in the United States. (2) No packer's total slaughter for any classification during any calendar year shall exceed 25 per centum of the larger of the last two annual national slaughter totals for that classification as most recently published by the Crop Reporting Board, Economics, Statistics, and Cooperatives Service, United States Department of Agriculture. For the purposes of this paragraph, a packer's purchase, acquisition, or control in any manner of carcasses or any other meat food products from any other person or packer shall be added to that packer's annual slaughter total for the appropriate classification and this combined total shall not exceed 25 per centum of the larger of the last two annual national slaughter totals published for that classification. (3) No packer shall engage in any unreasonable use of economic power or discriminate in price between different purchasers of meat food products in any marketing area of the United States for the purpose of impairing in any manner the marketing ability of one or more small business meatpacking concerns in such marketing area. (4) No packer shall sell below cost or contract to sell below cost any meat food products for the purpose of impairing in any manner the marketing ability of one or more small business meatpacking concerns or for the purpose of eliminating one or more small business meatpacking concerns. Nothing contained herein shall prevent a packer from selling below cost from time to time where such action is in response to changing supply and demand conditions affecting the market for or the marketability of the meat food products concerned, such as but not limited to actual or imminent deterioration of perishable goods, distress sales under court process, or sales in good faith in discontinuance of business. (5) Any officer of a packer which is required to file an annual report by the regulations issued under the Packers and Stockyards Act (7 U.S.C. 181) by the United States Department of Agriculture is prohibited from owning or entering into any future livestock transaction. (6) No packer, which is required to file an annual report by the regulations issued under the Packers and Stockyards Act (7 U.S.C. 181) by the United States Department of Agriculture, may engage in any livestock futures contract activity or future livestock transaction other than a bona fide hedge transaction as defined by the regulations of the Commodity Futures Trading Commission enacted pursuant to the Commodity Exchange Act, as amended (7 U.S.C. 7). (b) Authority to enforce compliance with this section is vested in the Administrator. The Administrator is empowered to secure compliance with this section by filing a complaint with the appropriate department or agency of the United States. Such department or agency shall immediately and forthwith investigate the complaint filed by the Administrator and if such department or agency deems that the complaint has merit, shall initiate the appropriate action to enforce compliance with this section, utilizing all applicable statutes and regulations of such department or agency. (c) Any person or packer who knowingly violates any provision of this section shall, upon conviction, be punished by a fine of not more than $500,000 for each such offense committed. Additionally, after such person or packer has received notice from either the Administrator or the department or agency to whom the Administrator has referred the complaint that a violation of this section has occurred or is occurring, each day during which a violation of this section occurs shall be deemed a separate offense. (d) Any small business meatpacking concern which is injured in his business or property in an amount exceeding $10,000 by reason of any activity forbidden by this section may sue therefor in any district court in the United States in the district in which the defendant resides or is found or has an agent and shall recover threefold the damages sustained by such small business meatpacking concern, together with the cost of the suit, including a reasonable attorney's fee. miscellaneous provisions and effective date Sec. 5. (a) If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. (b) Nothing contained in this Act shall be construed to prevent or interfere with the enforcement of the Antitrust Acts or the Acts to regulate commerce, nor shall anything contained in this Act be construed to release any person from any obligation, limitation, or requirement of any Act prohibiting restraint of trade or unfair competition. (c) This Act shall become effective on the first day of January after the date of enactment.

Small Business Preservation and Protection Act of 1993 - Prohibits any packer with more than a five percent share of the national slaughter in three classifications from owning or operating any retail meat outlet. Prohibits any packer's total annual slaughter for any classification from exceeding 25 percent of the larger of the last two annual national slaughter totals. Prohibits any packer from discriminating in price between different purchasers of meat food products in any marketing area or selling below costs for the purpose of impairing the marketing ability of small business meatpacking concerns. Prohibits certain packers which are required to file reports under the Packers and Stockyards Act from engaging in livestock futures contracts. Vests authority to enforce such prohibitions in the Administrator of the Small Business Administration. Establishes fines for violations and permits small business meatpacking concerns which are injured to sue in district court for treble damages.

Small Business Preservation and Protection Act of 1993

57 as a rare and valuable national treasure of international importance; (2) the city of New Orleans is widely recognized as the birthplace of jazz. In and around this city, cultural and musical elements blended to form the unique American music that is known as New Orleans jazz, which is an expression of the cultural diversity of the lower Mississippi Delta Region; and (3) Jean Lafitte National Historical Park and Preserve was established to commemorate the cultural diversity of the lower Mississippi Delta Region including a range of cultural expressions like jazz. (b) Purpose.--In furtherance of the need to recognize the value and importance of jazz, it is the purpose of this Act to establish a New Orleans Jazz National Historical Park, together with associated educational programs, as a unit of the Jean Lafitte National Historical Park and Preserve which is headquartered in New Orleans, Louisiana. The historical park shall preserve the origins and early history of jazz; provide visitors with opportunities to experience the sights, sounds, and places where jazz evolved; and implement innovative ways of establishing jazz educational partnerships that will help to ensure that jazz continues as a vital element of the culture of New Orleans and our Nation. SEC. 3. ESTABLISHMENT. (a) In General.--In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans, and to provide technical assistance to a broad range of organizations involved with jazz music and its history, there is hereby established the New Orleans Jazz National Historical Park (hereinafter referred to as the ``historical park''). The historical park shall be administered and managed as a unit of the Jean Lafitte National Historical Park and Preserve, which was established to preserve and interpret the cultural and natural resources of the lower Mississippi Delta Region. (b) Area Included.--The historical park shall consist of lands and interests therein as follows-- (1) lands which the Secretary of the Interior (hereinafter referred to as the ``Secretary'') may designate for an interpretive visitor center complex; (2) sites that are the subject of cooperative agreements with the National Park Service for the purposes of interpretive demonstrations and programs associated with the purposes of this Act; and (3)(A) sites designated by the Secretary as provided in subparagraph (B); (B)(i) the Secretary is directed to undertake a national historic landmark evaluation of sites associated with jazz in and around New Orleans as identified in the document entitled ``New Orleans Jazz Special Resource Study'', prepared by the National Park Service pursuant to Public Law 101-499. In undertaking the evaluation, the Secretary shall, to the extent practicable, utilize existing information relating to such sites, and (ii) if any of the sites evaluated are found to meet the standards of the National Historic Landmark program and National Park Service tests of suitability and feasibility, and offer outstanding opportunities to further the purposes of this Act, the Secretary may designate such sites as part of the historical park, following consultation with the city of New Orleans, the Smithsonian Institution, and the Delta Region Preservation Commission, and notification to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the historical park in accordance with this Act and with provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes,'' approved August 25, 1916 (39 Stat. 535; 15 U.S.C. 1, 2-4); the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467); and title IX of Public Law 95-625, the enabling Act for Jean Lafitte National Historical Park and Preserve, as amended (16 U.S.C. 230). The Secretary shall manage the historical park in such a manner as will preserve and perpetuate knowledge and understanding of the history of jazz and its continued evolution as a true American art form. (b) Donations.--The Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or other public entities for the purposes of providing services, programs, and facilities that further the purposes of this Act. (c) Interpretive Center.--The Secretary is authorized to lease, construct, operate, or maintain an interpretive center in New Orleans. Programs at the center may include live jazz interpretive and education programs, and shall provide visitors with information about jazz- related programs, performances, and opportunities. (d) Jazz Heritage Districts.--The Secretary may provide technical assistance to the city of New Orleans and other appropriate entities for the designation of certain areas in and around New Orleans as jazz heritage districts. Such districts shall include those areas with an exceptional concentration of jazz historical sites and established community traditions of jazz street parades. (e) Cooperative Agreements, Grants, and Technical Assistance.--In furtherance of the purposes of this Act-- (1) the Secretary, after consultation with the New Orleans Jazz Commission established pursuant to section 7, is authorized to enter into cooperative agreements with owners of properties that are designated pursuant to section 3(b)(3) which provide outstanding educational and interpretive opportunities relating to the evolution of jazz in New Orleans. The Secretary may assist in the rehabilitation and restoration of, mark, interpret, and provide technical assistance for the preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions that the National Park Service will have reasonable rights of access for operational and visitor use needs, that rehabilitation and restoration will meet the Secretary's standards for rehabilitation of historic buildings, and that specify the roles and responsibilities of the Secretary for each site or structure; (2) the Secretary is authorized to enter into cooperative agreements with the city of New Orleans, the State of Louisiana, and other appropriate public and private organizations under which the other parties to the agreement may contribute to the acquisition, construction, operation, and maintenance of the interpretive center and to the operation of educational and interpretive programs to further the purposes of this Act; and (3) the Secretary, in consultation with the Commission, is authorized to provide grants or technical assistance to public and private organizations. (f) Jazz Educational Programs.--The Secretary shall, in the administration of the historical park, promote a broad range of educational activities relating to jazz and its history. The Secretary shall cooperate with schools, universities, and organizations supporting jazz education to develop educational programs that provide expanded public understanding of jazz and enhanced opportunities for public appreciation. The Secretary may assist appropriate entities in the development of an information base including archival material, audiovisual records, and objects that relate to the history of jazz. SEC. 5. ACQUISITION OF PROPERTY. (a) General Authority.--The Secretary may acquire lands and interests therein within the sites designated pursuant to section 3(b)(1) and (3) by donation or purchase with donated or appropriated funds: Provided, That sites designated pursuant to section 3(b)(3) shall only be acquired with the consent of the owner thereof. (b) State and Local Properties.--Lands and interests in lands which are owned by the State of Louisiana, or any political subdivision thereof, may be acquired only by donation. SEC. 6. GENERAL MANAGEMENT PLAN. Within 3 years after the date funds are made available therefor and concurrent with the national landmark study referenced in section 3(b)(3), the Secretary, in consultation with the New Orleans Jazz Commission, shall prepare a general management plan for the historical park. The plan shall include, but need not be limited to-- (1) a visitor use plan indicating programs and facilities associated with park programs that will be made available to the public; (2) preservation and use plans for any structures and sites that are identified through the historic landmark study for inclusion within the historical park; (3) the location and associated cost of public facilities that are proposed for inclusion within the historical park, including a visitor center; (4) identification of programs that the Secretary will implement or be associated with through cooperative agreements with other groups and organizations; (5) a transportation plan that addresses visitor use access needs to sites, facilities, and programs central to the purpose of the historical park; (6) plans for the implementation of an archival system for materials, objects, and items of importance relating to the history of jazz; and (7) guidelines for the application of cooperative agreements that will be used to assist in the management of historical park facilities and programs. SEC. 7. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION. (a) Establishment.--To assist in implementing the purposes of this Act and the document entitled ``New Orleans Jazz Special Resource Study,'' there is established the New Orleans Jazz Commission (hereinafter referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 15 members to be appointed no later than 6 months after the date of enactment of this Act. The Commission shall be appointed by the Secretary as follows: (1) one member recommended by the Mayor of New Orleans; (2) two members who have recognized experience in music education programs that emphasize jazz; (3) one member, with experience and knowledge of tourism in the greater New Orleans area, from recommendations submitted by local businesses; (4) one member recommended by the Board of the New Orleans Jazz and Heritage Foundation; (5) one member, with experience and knowledge of historic preservation within the New Orleans area; (6) two members who are recognized musicians with knowledge and experience in the development of jazz in New Orleans; (7) one member with recognized expertise in jazz and folklore preservation and interpretation, recommended by the Director of the Louisiana State Museum; (8) two members who represent local neighborhood groups or other local associations, recommended by the Mayor of New Orleans; (9) one member representing local social and pleasure clubs, recommended by the Mayor of New Orleans; (10) one member recommended by the Governor of the State of Louisiana, who shall be a member of the Louisiana State Music Commission; (11) the Chairman of the Delta Regional Preservation Commission, ex officio; and (12) the Director of the National Park Service, or the Director's designee, ex officio. (c) Duties of the Commission.--The Commission shall-- (1) advise the Secretary in the preparation of the general management plan for the historical park; assist in public discussions of planning proposals; and assist the National Park Service in working with individuals, groups, and organizations including economic and business interests in determining programs in which the Secretary should participate through cooperative agreements; (2) in consultation and cooperation with the Secretary, develop partnerships with educational groups, schools, universities, and other groups to furtherance of the purposes of this Act; (3) in consultation and cooperation with the Secretary, develop partnerships with citywide organizations, and raise and disperse funds for programs that assist mutual aid and benevolent societies in encouraging the continuation of and enhancement of jazz cultural traditions; (4) acquire or lease property for jazz education, and advising on hiring brass bands and musical groups to participate in education programs and help train young musicians; (5) in consultation and cooperation with the Secretary, provide recommendations for the location of the visitor center and other interpretive sites; (6) assist the Secretary in providing funds to support research on the origins and early history of jazz in New Orleans; and (7) notwithstanding any other provision of law, seek and accept donations of funds, property, or services from individuals, foundations, corporations, or other public or private entities and expend and use the same for the purposes of providing services, programs, and facilities for jazz education, or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study referenced in section 3(b)(3) as having outstanding significance to the history of jazz in New Orleans. (d) Appointment.--Members of the Commission shall be appointed for staggered terms of 3 years, as designated by the Secretary at the time of the initial appointment. (e) Chairman.--The Commission shall elect a chairman from among its members. The term of the chairman shall be for 3 years. The chairman of the Commission shall serve as an ex officio member of the Delta Regional Preservation Commission. (f) Terms.--Any member of the Commission appointed by the Secretary for a 3-year term may serve after the expiration of his or her term until a successor is appointed. Any vacancy shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor was appointed. (g) Per Diem Expenses.--Members of the Commission shall serve without compensation. Members shall be entitled to travel expenses under section 5703, title 5, United States Code, when engaged in Commission business, including per diem in lieu of subsistence in the same manner as persons employed intermittently. (h) Administrative Support.--The Secretary shall provide the Commission with assistance in obtaining such personnel, equipment, and facilities as may be needed by the Commission to carry out its duties. (i) Annual Report.--The Commission shall submit an annual report to the Secretary identifying its expenses and income and the entities to which any grants or technical assistance were made during the year for which the report is made. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

New Orleans Jazz National Historical Park Act of 1993 - Establishes the New Orleans Jazz National Historical Park, Louisiana, (Park) to be administered and managed as a unit of the Jean Lafitte National Historical Park and Preserve. Requires the Secretary of the Interior to prepare a general management plan for the Park. Establishes the New Orleans Jazz Commission to: (1) advise the Secretary in the preparation of the general management plan, assist in public discussions of planning proposals, and assist the National Park Service in working with individuals, groups, and organizations in determining programs in which the Secretary should participate through cooperative agreements; (2) develop partnerships with educational groups, schools, universities, and other groups, including city-wide organizations, in furtherance of this Act; (3) raise and disperse funds for programs that assist mutual aid and benevolent societies in encouraging the continuation of and enhancement of jazz cultural traditions; (4) acquire or lease property for jazz education, and advising on hiring brass bands and musical groups to participate in education programs and help train young musicians; (5) assist in providing recommendations for the location of the Park's visitor center and other interpretive sites and funds to support research on the origins and early history of jazz in New Orleans; and (6) seek and accept donations to use for providing services, programs, and facilities for jazz education or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study as having outstanding significance to the history of jazz in New Orleans. Authorizes appropriations.

New Orleans Jazz National Historical Park Act of 1993

SECTION 1. CONVERSION INVESTMENT CREDIT FOR DEFENSE CONTRACTORS. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) in the case of a defense contractor (as defined in section 48(c)), the defense contractor conversion credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Defense Contractor Conversion Credit.-- ``(1) In general.--For purposes of section 46, in the case of a defense contractor, the defense contractor conversion credit for any taxable year is an amount equal to 15 percent of the sum of-- ``(A) the incremental nondefense qualified investment for such taxable year, plus ``(B) the qualified nondefense product expenses paid or incurred by the taxpayer during the taxable year. ``(2) Defense contractor.--For purposes of this subsection, the term `defense contractor' means any taxpayer if more than 10 percent of its gross receipts for the taxable year is derived from defense contracts. ``(3) Incremental nondefense qualified investment.--For purposes of paragraph (1), the incremental nondefense qualified investment for any taxable year is the excess (if any) of-- ``(A) the net nondefense qualified investment for such taxable year, over ``(B) the average of the net nondefense qualified investment for the preceding 3 taxable years. ``(4) Net nondefense qualified investment.--For purposes of paragraph (3), the net nondefense qualified investment for any taxable year is the excess (if any) of-- ``(A) the qualified investment in nondefense section 38 property placed in service during such taxable year, over ``(B) the aggregate fair market value of nondefense section 38 property which is disposed of, or otherwise ceases to be such property, during such taxable year. ``(5) Qualified investment.-- ``(A) In general.--For purposes of this subsection, the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new nondefense section 38 property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used nondefense section 38 property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(6) Nondefense section 38 property.-- ``(A) In general.--For purposes of this subsection, the term `nondefense section 38 property' means section 38 property to be used other than in operations related to any defense contract. ``(B) Defense contract.--The term `defense contract' means any contract or subcontract entered into (whether or not by the taxpayer) with a defense agency of the United States to provide material or defense-related operations. ``(7) Section 38 property.--For purposes of this subsection, the term `section 38 property' means-- ``(A) tangible personal property (other than an air conditioning or heating unit), or ``(B) other tangible property (not including a building and its structural components) but only if such property-- ``(i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or ``(ii) constitutes a research facility used in connection with any of the activities referred to in clause (i), or ``(iii) constitutes a facility used in connection with any of the activities referred to in clause (i) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state), or ``(C) elevators and escalators, but only if-- ``(i) the construction, reconstruction, or erection of the elevator or escalator is completed by the taxpayer, or ``(ii) the original use of such elevator or escalator commences with the taxpayer, or ``(D) single purpose agricultural or horticultural structures; or ``(E) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or any primary product of petroleum. Such term includes only property to which section 168 applies without regard to any useful life and any other property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more. ``(8) Qualified nondefense product expenses.--For purposes of this subsection, the term `qualified nondefense product expenses' means the following expenses to the extent incurred in connection with any product or service not related to any defense contract: expenses for research, design, commercial cost, quality control, and marketing. Such term shall not include any expense attributable to a product produced or service provided before the date of the enactment of this subsection. ``(9) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(10) Certain progress expenditure rules made applicable.--Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(11) Allocation of basis adjustment.--The reduction required by section 50(c) for any taxable year shall be allocated among the nondefense section 38 property placed in service by the taxpayer during such year in proportion to the respective bases of such property. ``(12) Recapture.--In applying section 50(a) to any property which ceases to be nondefense section 38 property, the credit determined under this section with respect to such property shall be treated as being equal to 15 percent of the lesser of-- ``(A) the excess referred to in paragraph (1) for the taxable year in which such property was placed in service, or ``(B) the qualified investment in such property which was taken into account under subsection (a). ``(13) Controlled groups.--Rules similar to the rules of paragraph (1) of section 41(f) shall apply for purposes of this subsection. ``(14) Inclusion of leased property.--The Secretary shall prescribe regulations which require leased property to be taken into account in determining the incremental nondefense qualified investment for any taxable year and which allow the credit under paragraph (1)(A) attributable to such property to be allowed to the lessor or lessee of such property. ``(15) Application of subsection.--This subsection shall apply to the 5-period beginning on January 1, 1993, under rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).'' (c) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the basis of any new nondefense section 38 property and the cost of any used nondefense section 38 property.'' (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any nondefense section 38 property which is 3- year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4) Section 280C of such Code is amended by adding at the end thereof the following new subsection: ``(d) Credit for Certain Expenses of Defense Contractors.--No deduction shall be allowed for that portion of the qualified nondefense product expenses (as defined in section 48(c)(8)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 48(c) with respect to such expenses. Rules similar to the rules of paragraphs (2) and (3) of subsection (b) shall apply for purposes of this subsection.'' (5)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1994.

Amends the Internal Revenue Code to establish a defense contractor conversion investment tax credit to be equal to 15 percent of: (1) the incremental nondefense qualified investment for a taxable year; plus (2) the qualified nondefense product expenses incurred during such year. Defines a "defense contractor" as any taxpayer if more than ten percent of its gross receipts are derived from defense contracts. Bars a deduction for that portion of the qualified nondefense product expenses otherwise allowable as a deduction that is equal to the amount of credit with respect to such expenses.

To amend the Internal Revenue Code of 1986 to provide an incremental investment tax credit to assist defense contractors in converting to nondefense operations.

SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY STATES. (a) In General.--Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the following: ``(d) Registration of Canadian Pesticides by States.-- ``(1) Definitions.--In this subsection: ``(A) Canadian pesticide.--The term `Canadian pesticide' means a pesticide that-- ``(i) is registered for use as a pesticide in Canada; ``(ii) is identical or substantially similar in its composition to any pesticide registered under section 3; and ``(iii) is registered by the registrant of a comparable domestic pesticide or an affiliated entity of the registrant. ``(B) Comparable domestic pesticide.--The term `comparable domestic pesticide' means a pesticide that-- ``(i) is registered under section 3; ``(ii) is not subject to a notice of intent to cancel or suspend or an enforcement action under section 12, based on the labeling or composition of the pesticide; ``(iii) is used as the basis for comparison for the determinations required under paragraph (3); and ``(iv) is labeled for use on the site or crop for which registration is sought under this subsection on the basis of a use that is not the subject of a pending interim administrative review under section 3(c)(8). ``(2) Authority to register canadian pesticides.-- ``(A) In general.--A State may register a Canadian pesticide for distribution and use in the State if the registration is consistent with this subsection and other provisions of this Act and is approved by the Administrator. ``(B) Effect of registration.-- ``(i) In general.--Except as provided in clause (ii), on approval by the Administrator, the registration of a Canadian pesticide by a State shall be considered a registration of the pesticide under section 3. ``(ii) Distribution to other states.--A Canadian pesticide that is registered by a State under this subsection and distributed to a person in that State shall not be transported to, or used by, a person in another State unless the distribution and use is consistent with the registration by the original State. ``(C) Registrant.--A State that registers a Canadian pesticide under this subsection shall be considered the registrant of the Canadian pesticide under this Act. ``(3) State requirements for registration.--To register a Canadian pesticide under this subsection, a State shall-- ``(A)(i) determine whether the Canadian pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; and ``(ii) submit the proposed registration to the Administrator only if the State determines that the Canadian pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; ``(B) for each food or feed use authorized by the registration-- ``(i) determine whether there exists a tolerance or exemption under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that permits the residues of the pesticide on the food or feed; and ``(ii) identify the tolerances or exemptions in the submission made under subparagraph (D); ``(C) require that the pesticide bear a label that-- ``(i) specifies the information that is required to comply with section 3(c)(5); ``(ii) identifies itself as the only valid label; ``(iii) identifies the State in which the product may be used; ``(iv) identifies the approved use and includes directions for use, use restrictions, and precautions that are identical or substantial similar to the directions for use, use restrictions, and precautions that are on the approved label of the comparable domestic pesticide; and ``(v) includes a statement indicating that it is unlawful to distribute or use the Canadian pesticide in the State in a manner that is inconsistent with the registration of the pesticide by the State; and ``(D) submit to the Administrator a description of the proposed registration of the Canadian pesticide that includes a statement of the determinations made under this paragraph, the proposed labeling for the Canadian pesticide, and related supporting documentation. ``(4) Approval of registration by administrator.-- ``(A) In general.--The Administrator shall approve the proposed registration of a Canadian pesticide by a State submitted under paragraph (3)(D) if the Administrator determines that the proposed registration of the Canadian pesticide by the State is consistent with this subsection and other provisions of this Act. ``(B) Notice of approval.--No registration of a Canadian pesticide by a State under this subsection shall be considered approved, or be effective, until the Administrator provides notice of approval of the registration in writing to the State. ``(5) Labeling of canadian pesticides.-- ``(A) Distribution.--After a notice of the approval of a Canadian pesticide by a State is received by the State, the State shall make labels approved by the State and the Administrator available to persons seeking to distribute the Canadian pesticide in the State. ``(B) Use.--A Canadian pesticide that is registered by a State under this subsection may be used within the State only if the Canadian pesticide bears the approved label for use in the State. ``(C) Containers.--Each container containing a Canadian pesticide registered by a State shall, before the transportation of the Canadian pesticide into the State and at all times the Canadian pesticide is distributed or used in the State, bear a label that is approved by the State and the Administrator. ``(D) Report.--A person seeking to distribute a Canadian pesticide registered by a State shall provide to the State a report that-- ``(i) identifies the person that will receive and use the Canadian pesticide in the State; and ``(ii) states the quantity of the Canadian pesticide that will be transported into the State. ``(E) Affixing labels.--The act of affixing a label to a Canadian pesticide under this subsection shall not be considered production for the purposes of this Act. ``(6) Annual reports.-- ``(A) Preparation.--A State registering 1 or more Canadian pesticides under this subsection shall prepare an annual report that-- ``(i) identifies the Canadian pesticides that are registered by the State; ``(ii) identifies the users of Canadian pesticides used in the State; and ``(iii) states the quantity of Canadian pesticides used in the State. ``(B) Availability.--On the request of the Administrator, the State shall provide a copy of the annual report to the Administrator. ``(7) Recalls.--If the Administrator determines that it is necessary under this Act to terminate the distribution or use of a Canadian pesticide in a State, on the request of the Administrator, the State shall recall the Canadian pesticide. ``(8) Suspension of state authority to register canadian pesticides.-- ``(A) In general.--If the Administrator finds that a State that has registered 1 or more Canadian pesticides under this subsection is not capable of exercising adequate controls to ensure that registration under this subsection is consistent with this subsection and other provisions of this Act or has failed to exercise adequate control of 1 or more Canadian pesticides, the Administrator may suspend the authority of the State to register Canadian pesticides under this subsection until such time as the Administrator determines that the State can and will exercise adequate control of the Canadian pesticides. ``(B) Notice and opportunity to respond.--Before suspending the authority of a State to register a Canadian pesticide, the Administrator shall-- ``(i) advise the State that the Administrator proposes to suspend the authority and the reasons for the proposed suspension; and ``(ii) provide the State with an opportunity time to respond to the proposal to suspend. ``(9) Disclosure of information by administrator to the state.--The Administrator may disclose to a State that is seeking to register a Canadian pesticide in the State information that is necessary for the State to make the determinations required by paragraph (3) if the State certifies to the Administrator that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information that was marked under section 10(a) provided by the Administrator to the State under this subsection to the same extent as is required under section 10. ``(10) Provision of information by registrants of comparable domestic pesticides.--If a State registers a Canadian pesticide, and a registrant of a comparable domestic pesticide that is (directly or through an affiliate) a foreign registrant fails to provide to the State the information possessed by the registrant that is necessary to make the determinations required by paragraph (3), the Administrator may suspend without a hearing all pesticide registrations issued to the registrant under this Act. ``(11) Patents.--Title 35, United States Code, shall not apply to a Canadian pesticide registered by a State under this subsection that is transported into the United States or to any person that takes an action with respect to the Canadian pesticide in accordance with this subsection. ``(12) Submissions.--A submission by a State under this section shall not be considered an application under section 3(c)(1)(F).''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 24 the following: ``(d) Registration of Canadian pesticides by States. ``(1) Definitions. ``(2) Authority to register Canadian pesticides. ``(3) State requirements for registration. ``(4) Approval of registration by Administrator. ``(5) Labeling of Canadian pesticides. ``(6) Annual reports. ``(7) Recalls. ``(8) Suspension of State authority to register Canadian pesticides. ``(9) Disclosure of information by Administrator to the State. ``(10) Provision of information by registrants of comparable domestic pesticides. ``(11) Patents. ``(12) Submissions.''. (c) Effective Date.--This section and the amendments made by this section take effect 180 days after the date of enactment of this Act.

Amends the Federal Insecticide, Fungicide, and Rodenticide Act to permit State registration of a Canadian pesticide for distribution and use within such State.

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Healthy Forest Management and Wildfire Prevention 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. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat. Sec. 4. State designation of high-risk areas of National Forest System and public lands. Sec. 5. Designation of high-risk areas by the Secretary concerned. Sec. 6. Use of emergency hazardous fuels reduction projects for high- risk areas. Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects. Sec. 8. Authorized duration of stewardship end result contracting project contracts. SEC. 2. DEFINITIONS. In this Act: (1) Emergency hazardous fuels reduction project.--The term ``emergency hazardous fuels reduction project'' means a project or activity carried out in a high-risk area to address the bark beetle epidemic, drought, or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires. (2) High-risk area.--The term ``high-risk area'' means an area of National Forest System land or public lands identified under section 4 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (3) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (4) Public lands.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to the National Forest System; and (B) the Secretary of the Interior, with respect to public lands. (6) The term ``State'' means any of the several States containing National Forest System land or public lands. The term includes the Commonwealth of Puerto Rico. SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT, DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF WILDFIRES IN STATES AS IMMINENT THREAT. Congress hereby declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands in the States, with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, is an ``imminent threat'' within the meaning of section 294.12(b)(1) of title 36, Code of Federal Regulations (2002 Edition) and any existing or pending roadless area management rule applicable to a State. SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM AND PUBLIC LANDS. (a) Designation Authority.--The Governor of a State may designate high-risk areas of the National Forest System and public lands in the State for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation.--In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of Certain Areas.--The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for Designation.--Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations.--The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of Designation.--The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation.--The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of the National Forest System land or public lands as a high-risk area under this section if the Governor determines that the area of National Forest System land or public lands continues to be subject to the terms of this section. (h) Recognition of Valid and Existing Rights.--The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED. (a) Designation Authority.--The Secretary concerned may designate high-risk areas of the National Forest System and the public lands for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation.--In designating high-risk areas, the Secretary concerned shall consult with Governors of affected States, county government from affected counties, and with affected Indian tribes. (c) Exclusion of Certain Areas.--The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for Designation.--Designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations.--The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of Designation.--The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Secretary concerned. (g) Redesignation.--The expiration of the 20-year period specified in subsection (f) does not prohibit the Secretary concerned from redesignating an area of the National Forest System or public lands as a high-risk area if the Secretary determines that the National Forest System land or public lands continues to be subject to the terms of this section, except that such redesignation is subject to consultation with Governors from affected States, county government from affected counties, and affected Indian tribes. (h) Recognition of Valid and Existing Rights.--The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH- RISK AREAS. (a) Project Proposals.-- (1) Proposals authorized.--Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area. The Secretary concerned also may develop emergency hazardous fuels reduction projects. (2) Project criteria.--In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State and the Secretary concerned shall-- (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting local communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Consultation.--In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. If the Secretary concerned develops a proposal, the Secretary concerned shall consult with the Governor of the affected State, county government from affected counties, and affected Indian tribes. (c) Submission and Implementation.--The Governor of a State shall submit proposed emergency hazardous fuels reduction projects to the Secretary concerned for implementation. (d) Implementation of Projects.-- (1) State proposed projects.--The Secretary concerned shall implement hazardous fuels reduction projects proposed by Governors within 60 days of the date on which the Secretary receives the proposal. (2) Secretary proposed projects.--The Secretary concerned shall implement hazardous fuels reduction projects proposed by the Secretary concerned within 60 days of the date on which the proposal is finalized. SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS. (a) Applicability.--Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) (including the environmental analysis requirements of section 104 of that Act (16 U.S.C. 6514), the special administrative review process under section 105 of that Act (16 U.S.C. 6515), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all emergency hazardous fuels reduction projects developed under section 6. (b) Required Modifications.--In applying title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency hazardous fuels reduction projects, the Secretary concerned shall make the following modifications: (1) The authority shall apply to the entire high-risk area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Secretary concerned, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations), of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title. (3) The Secretary is not required to study, develop, or describe more than the proposed agency action and a no-action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for an emergency hazardous fuels reduction project, except that, if an at-risk community has adopted a community wildfire protection plan (as defined in section 101(3) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6511(3))) that includes the land covered by the proposed agency action, but the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an additional alternative to the proposed agency action. (c) Forest Management Plans.--All projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (d) Retention of NEPA Responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high- risk area shall not be delegated to a State forester or any other officer or employee of the State in which the emergency hazardous fuels reduction project will be carried out. (e) Categorical Exclusion.--If a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan. SEC. 8. AUTHORIZED DURATION OF STEWARDSHIP END RESULT CONTRACTING PROJECT CONTRACTS. Section 604(d)(3)(B) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended by striking ``10 years'' and inserting ``20 years''.

Healthy Forest Management and Wildfire Prevention Act Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state. Allows a state governor or the Department of Agriculture, with respect the National Forest System, or the Department of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation. Allows a governor or the department concerned, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Amends the Healthy Forest Restoration Act of 2003 to extend the duration of contracts to perform services to achieve land management goals for national forests and public lands that meet local and rural community needs.

Healthy Forest Management and Wildfire Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Assault Prevention Act of 2011''. SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY INCIDENTS. (a) Policy.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents ``(a) Policy Required.--Not later than February 1, 2012, the Secretary shall develop and implement a centralized and comprehensive policy on the reporting and tracking of sexual assault incidents and other safety incidents that occur at each medical facility of the Department, including-- ``(1) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction; ``(2) criminal and purposefully unsafe acts; ``(3) alcohol or substance abuse related acts (including by employees of the Department); and ``(4) any kind of event involving alleged or suspected abuse of a patient. ``(b) Scope.--The policy required by subsection (a) shall cover each of the following: ``(1) For purposes of reporting and tracking sexual assault incidents and other safety incidents, definitions of the terms-- ``(A) `safety incident'; ``(B) `sexual assault'; and ``(C) `sexual assault incident'. ``(2) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a veteran may pose while being treated at a medical facility of the Department, including clear and consistent guidance on the collection of information related to-- ``(A) the legal history of the veteran; and ``(B) the medical record of the veteran. ``(3) The mandatory training of employees of the Department on security issues, including awareness, preparedness, precautions, and police assistance. ``(4) The mandatory implementation, use, and regular testing of appropriate physical security precautions and equipment, including surveillance camera systems, computer- based panic alarm systems, stationary panic alarms, and electronic portable personal panic alarms. ``(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee of the Department communicating and reporting sexual assault incidents and other safety incidents to-- ``(A) supervisory personnel of the employee at-- ``(i) a medical facility of the Department; ``(ii) an office of a Veterans Integrated Service Network; and ``(iii) the central office of the Veterans Health Administration; and ``(B) a law enforcement official of the Department. ``(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that meet the regulatory criminal threshold in accordance with sections 1.201 and 1.204 of title 38, Code of Federal Regulations. ``(7) An accountable oversight system within the Veterans Health Administration that includes-- ``(A) systematic information sharing of reported sexual assault incidents and other safety incidents among officials of the Administration who have programmatic responsibility; and ``(B) a centralized reporting, tracking, and monitoring system for such incidents. ``(8) Consistent procedures and systems for law enforcement officials of the Department with respect to investigating, tracking, and closing reported sexual assault incidents and other safety incidents. ``(9) Clear and consistent guidance for the clinical management of the treatment of sexual assaults that are reported more than 72 hours after the assault. ``(c) Updates to Policy.--The Secretary shall review and revise the policy required by subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance with best practices. ``(d) Annual Report.--(1) Not later than 60 days after the date on which the Secretary develops the policy required by subsection (a), and by not later than January 1 of each year thereafter, 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 implementation of the policy during the preceding fiscal year. ``(2) Each report required by paragraph (1) shall include, for the fiscal year covered by such report, the following: ``(A) The number and type of sexual assault incidents and other safety incidents reported by each medical facility of the Department. ``(B) A detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from the previous year. ``(C) The effectiveness of such policy on improving the safety and security of the medical facilities of the Department, including the performance measures used to evaluate such effectiveness. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1708 the following: ``1709. Comprehensive policy on reporting and tracking of sexual assault incidents and other safety incidents.''. (c) Interim Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs 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 development of the performance measures described in section 1709(d)(2)(C) of title 38, United States Code, as added by subsection (a). SEC. 3. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON STAFFING FOR NURSES AT DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE FACILITIES. Section 7451(e) of title 38, United States Code, is amended by striking paragraphs (4), (5), and (6).

Veterans Sexual Assault Prevention Act of 2011 - Directs the Secretary of Veterans Affairs to develop and implement, by February 1, 2012, a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (4) an oversight system within the Veterans Health Administration; (5) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (6) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to: (1) submit an annual report to Congress on such incidents and policy implementation, and (2) prescribe applicable regulations. Repeals required annual reports concerning registered nurse staffing at VA health care facilities.

A bill to amend title 38, United States Code, to require a comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents that occur at medical facilities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Access Card Act''. SEC. 2. DEFINITION OF ALASKA NATIVE. (a) Definition.--Section 3 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended-- (1) by redesignating paragraphs (1) through (29) as paragraphs (7), (5), (8), (11), (12), (14), (15), (17), (19), (20), (21), (24), (26), (29), (30), (9), (4), (10), (25), (22), (23), (3), (2), (27), (28), (18), (16), (13), and (6), respectively; (2) in paragraph (2) (as so redesignated), by striking ``Indians, Aleuts, or Eskimos'' and inserting ``Alaska Natives''; (3) in subparagraph (B) of paragraph (24) (as so redesignated), by striking ``in section'' and inserting ``In section''; and (4) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Alaska native.-- ``(A) In general.--The term `Alaska Native' has the meaning given the term `Native' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). ``(B) Inclusion.--The term `Alaska Native' includes any Tsimishian Indian, regardless of whether the Tsimishian Indian is enrolled in the Metlakatla Indian Community.''. (b) Conforming Amendments.-- (1) Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended-- (A) in subsections (a) and (b), by striking ``Indian, Aleut, or Eskimo'' each place it appears and inserting ``Alaska Native''; (B) in subsection (a)(5)(D)(iv), by striking ``clauses'' and inserting ``clause''; and (C) in subsection (b)-- (i) in paragraph (2), by striking ``native'' each place it appears and inserting ``Alaska Native''; and (ii) in the undesignated matter following paragraph (3), in the first sentence, by striking ``Indians, Aleuts, or Eskimos'' and inserting ``Alaska Natives''. (2) Section 109 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1379) is amended-- (A) in subsection (b)(3)(B)(i), by striking ``section 3(14)(B)'' and inserting ``section 3(29)(B)''; (B) in paragraphs (1) and (2) of subsection (d), by striking ``section 3(14)(B)'' each place it appears and inserting ``section 3(29)(B)''; and (C) in subsection (e)(2)(B), by striking ``Alaskan Natives'' and inserting ``Alaska Natives''. (3) Section 202(a)(7) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1402(a)(7)) is amended by striking ``Indians, Eskimos, and Aleuts'' and inserting ``Alaska Natives''. (4) Section 408(g)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1(g)(2)) is amended by striking ``section 3(12)(A)'' and inserting ``section 3(24)(A)''. (5) Section 508(a)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1423g(a)(1)) is amended by striking ``Alaskan natives'' and inserting ``Alaska Natives''. SEC. 3. ALASKA NATIVE ACCESS CARDS. Section 101(a)(6) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(6)) is amended-- (1) in subparagraph (A)-- (A) in clause (ii), by striking ``or'' after the semicolon; (B) in clause (iii), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(iv) is imported into the United States for noncommercial purposes by an Alaska Native presenting an Alaska Native Access Card issued under subparagraph (C).''; and (2) by adding at the end the following: ``(C) Establishment of alaska native access cards.-- ``(i) In general.--Not later than 90 days after the date of enactment of the Alaska Native Access Card Act, the Secretary shall develop and implement a process for issuing an access card, to be known as an `Alaska Native Access Card' (referred to in this subparagraph as an `access card') to any Alaska Native who applies for an access card. ``(ii) Authorization.--An access card issued under this subparagraph shall authorize the import by Alaska Natives of marine mammal products. ``(iii) Deadline.--Not later than 30 days after receipt of an application under clause (i), the Secretary shall issue the access card to the applicant.''.

Alaska Native Access Card Act This bill amends the Marine Mammal Protection Act of 1972 to direct the National Marine Fisheries Serviceand the U.S. Fish and Wildlife Service to develop and implement a process for issuing an Alaska Native Access Card. The Alaska Native Access Card authorizes Alaska Natives to import marine mammal products into the United States for noncommercial purposes.

Alaska Native Access Card Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Hungry Students Learn Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2012, nearly one in five children in America lived in a household that lacked access to nutritious food on a regular basis. That is 15.9 million American children who struggled with hunger at some time during the year. (2) Children who experience hunger are more likely to get sick and are more likely to be obese than those who do not. Children facing chronic hunger also find it more difficult to concentrate in school and tend to exhibit higher levels of behavioral, emotional, and academic problems. (3) Federal programs play an important role in addressing childhood hunger. In 2013, 21 million students participated in the free or reduced-price lunch program. Eleven million students participated in the free or reduced-price breakfast program. Three million low-income children received free meals during the summer months. Forty-seven percent of participants in the supplemental nutrition assistance program are under the age of 18. (4) On average, students who eat school breakfast achieve 17.5 percent higher scores on standardized math tests, and attend 1.5 more days of school each year than those who do not. Students who attend class more regularly are 20 percent more likely to graduate from high school. Participation in the school breakfast program is associated with children having a lower Body Mass Index. SEC. 3. SCHOOL LUNCH PROGRAM. Section 9(b) of the Richard B. Russell National School Lunch Act is amended-- (1) in paragraph (1)(A), by inserting after the third sentence the following: ``Notwithstanding any other provision of this Act and the Child Nutrition Act of 1966, for each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, the income guidelines for determining eligibility for free lunches shall be 185 percent of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B)''; and (2) in paragraph (9)(B), by inserting at the end the following: ``(iii) Termination of reduced-price category.--Beginning with the school year beginning July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, no child shall be determined eligible for a reduced price lunch.''. SEC. 4. SCHOOL BREAKFAST PROGRAM. (a) Universal School Breakfast Program.--Section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(a)) is amended-- (1) by striking ``(a) There'' and inserting: ``(a)(1) There''; and (2) by adding at the end the following: ``(2) Universal school breakfast program.--For each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, each school participating in the school breakfast program under this section shall provide breakfast under the program to each student that desires such a breakfast at no cost to the student.''. (b) National Average Payment Rate.--Section 4(b)(1)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(B)) is amended by adding at the end the following: ``Notwithstanding any other provision of this Act or the Richard B. Russell National School Lunch Act, for each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, the national average payment for each breakfast served to any child shall be equal to the national average payment for each free breakfast served during the school year beginning July 1 of the year of enactment of the Helping Hungry Students Learn Act (which shall be adjusted pursuant to section 11(a) of the Richard B. Russell National School Lunch Act).''. (c) Severe Need Assistance.--Section 4(d)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(d)(1)) is amended-- (1) by striking ``(A) during'' and inserting: ``(A)(i) during''; (2) by striking ``(B) in'' and inserting ``(ii) in''; (3) by striking ``subparagraph (A)'' and inserting ``clause (i)''; (4) by striking ``met.'' and inserting ``met; and''; and (5) by adding at the end the following: ``(B) for each school year beginning on or after the July 1 of the year following the year of enactment of the Helping Hungry Students Learn Act, there is an alternative breakfast serving model to increase participation in the school breakfast program, such as by serving breakfast in the classroom or having a school breakfast cart.''. SEC. 5. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following: ``SEC. 30. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. ``(a) In General.--From the amount appropriated to carry out this section, the Secretary shall carry out a summer electronic benefits transfer for children program by awarding grants to States that desire to participate in such program to assist such States with the initial administrative costs of such participation. ``(b) Program Requirements.--The summer electronic benefits transfer for children program carried out under this section shall have the same terms and conditions as the summer electronic benefits transfer for children demonstration project carried out under section 749(g) of the Agriculture, Rural Development, and Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111-80; 123 Stat. 2131), except that the Secretary shall prescribe an annual adjustment for the monthly benefit of $60 per child that is adjusted at the time that the annual adjustments are made for the national average payment rates for breakfasts and lunches (pursuant to section 11(a) of this Act).''. SEC. 6. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(l) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to State agencies for the purposes of enabling eligible institutions to carry out projects to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. ``(3) Applications.--To participate in the program under this subsection, a State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(4) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the State agency involved at such time, in such manner, and containing such information as the State agency may require. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children under the project to be carried out under this subsection, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(5) Priority.--In selecting applications under this subsection, a State agency shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high-quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(6) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for eligible institutions to receive commodities under this section from State agencies. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations that will be carried out by eligible institutions to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(7) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2018, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(8) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection such sums as are necessary, to remain available until expended. ``(B) Availability of funds.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''.

Helping Hungry Students Learn Act - Amends the Richard B. Russell National School Lunch Act (Russell Act) to raise the eligibility level for free lunches under the school lunch program to 185% of the poverty level. (Currently it is set at 130%.) Eliminates reduced price lunches, for which eligibility is currently set at 185% of the poverty level. Amends the Child Nutrition Act of 1966 to require schools participating in the school breakfast program to provide a free breakfast to each student who desires one. Sets the national average payment for each breakfast served to any child at the national average payment for each free breakfast served during the school year. Requires states to provide additional assistance, in the form of higher breakfast reimbursement rates, to schools in which there is an alternative breakfast serving model to increase participation in the school breakfast program, such as by serving breakfast in the classroom or having a school breakfast cart. Amends the Russell Act to direct the Secretary of Agriculture (USDA) to award grants to assist states with the initial costs of participating in a summer electronic benefits transfer for children program to improve children's access to food during the summer months. Directs the Secretary to implement a pilot program providing commodities, on a competitive basis, to states to enable nonprofits to serve nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit program participants. Requires the nonprofits serving such commodities to satisfy safe food storage, handling, and delivery standards established by the Secretary.

Helping Hungry Students Learn Act

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Chief Information Officer of the United States Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Congress finds the following: (1) Information technology is rapidly transforming social relations, political processes, and the economies of the United States and countries around the world. (2) The Federal Government is not taking full advantage of the opportunities provided by information technology to more efficiently and effectively perform Governmental functions, including more timely and effective delivery of services to the public and more cost-effective Government operations. (3) Federal agencies are not complying with existing statutory requirements to improve the management of information technology and related information resources, including establishing information technology investment control processes, providing adequate protections for personal privacy and information security, systematically managing records maintained in electronic formats, and developing effective tools for delivering services to the public through the Internet. (4) New leadership at the highest levels of the Federal Government is required to improve significantly agency development, application, and management of information technology and related information resources, and to enhance the ability of the Office of Management and Budget to oversee agency information resources management under chapter 35 of title 44, United States Code. (5) The rapidly expanding use of the Internet as a means for providing services to the public calls for a Federal Government-wide effort to bridge the digital divide and bring the promise of the Information Age to all members of the public, while maintaining the security and privacy required by laws such as the Government Paperwork Elimination Act (title XVII of Pub. Law 105-277; 112 Stat. 2681-749) and the provisions enacted by the Computer Security Act of 1987 (Pub. Law 100-235; 101 Stat. 1724). (6) The information technology available to the Federal Government to provide services to the public calls for new approaches across agencies to provide consolidated points of public access to those services. (b) Purposes.--The purposes of this Act are the following: (1) To establish a central focal point to provide effective leadership for efforts by the Federal Government to use information technology to more efficiently and effectively perform governmental functions. (2) To provide a mechanism for improved coordination among Federal agencies for the development, application, and management of information technology and related information resources by the Federal Government. (3) To create opportunities for innovation in the development, application, and management of information technology and related information resources by the Federal Government. SEC. 3. OFFICE OF INFORMATION TECHNOLOGY. (a) Establishment.--There is established in the Executive Office of the President an Office of Information Technology (hereinafter in this Act referred to as the ``Office''). The purpose of the Office shall be to serve as a source of technical, policy, and management analysis, leadership, and advice for the President and agencies with respect to the development, application, and management of information technology by the Federal Government. (b) Chief Information Officer of the United States.-- (1) Head of office.--There shall be at the head of the Office a Chief Information Officer of the United States (hereinafter in this Act referred to as the ``Chief Information Officer''), who shall serve as a special assistant to, and report directly to, the President. The Chief Information Officer shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have demonstrated through practical experience in the public or private sectors knowledge, skills, and leadership abilities in the management and innovative use of information technology necessary for the performance of the functions required under this Act. (2) Functions.--The Chief Information Officer shall, to the extent that the President determines appropriate and in the interest of the United States-- (A) be the principal adviser to the President on matters relating to the development, application, and management of information technology by the Federal Government; and (B) in addition to such other functions and activities as the President may assign-- (i) advise the President on opportunities to use information technology to improve the efficiency and effectiveness of programs and operations of the Federal Government; (ii) review and recommend to the President and the Director of the Office of Management and Budget changes to the budget and legislative proposals of agencies to ensure more efficient and effective use of information technology to serve agency missions, including enhanced service delivery to the public; (iii) provide leadership in innovative uses of information technology by agencies through support of experimentation, testing, and adoption of innovative concepts and technologies, particularly with regard to multi-agency initiatives; (iv) identify opportunities, and coordinate major multi-agency information technology initiatives, to improve communication and data exchange among all levels of government and with the public, including by providing consolidated points of public access to government services; (v) promote agency investments in information technology that enhance service delivery to the public, improve cost-effective government operations, and serve such other objectives determined to be critical by the President; (vi) advise the Director of the Office of Management and Budget to ensure effective implementation of the functions and responsibilities assigned under chapter 35 of title 44, United States Code; (vii) serve as the chairperson of the Chief Information Officers Council established under section 4; (viii) direct, at his discretion, the use by the Administrator of General Services of available budget authority in the Information Technology Fund established by section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757); (ix) consult with the heads of agencies that operate national security systems to ensure effective communication among all agencies concerning experiences in best practices in the development, application, and management of information technology; and (x) consult with leaders in information technology management in State governments (including the National Association of State Information Resources Executives), the private sector, and foreign governments to increase understanding of, and collaboration on, best practices and innovative approaches for the development, application, and management of information technology. (3) Annual report.--The Chief Information Officer shall submit an annual report to the President and Congress describing-- (A) efforts undertaken by the Chief Information Officer to improve the development, application, and management of information technology, including-- (i) the results of major information technology initiatives, including those funded by the Information Technology Fund; and (ii) recommendations to improve Federal policies and practices with regard to the development, application, and management of information technology; and (B) the results of major activities undertaken by the Chief Information Officers Council to carry out the functions described in section 4. (4) Compensation.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Chief Information Officer of the United States.'' (c) Employees.--The Chief Information Officer shall appoint the employees of the Office, but the Office shall have no more than twelve employees. SEC. 4. CHIEF INFORMATION OFFICERS COUNCIL. (a) Establishment.--There is established in the executive branch a Chief Information Officers Council (hereinafter in this Act referred to as the ``Council''). (b) Membership.--The members of the Chief Information Officers Council shall be as follows: (1) The chief information officer of each agency that is described in section 901(b) of title 31, United States Code. (2) The chief information officer of any agency designated by the Chief Information Officer. (3) The Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (4) Any other officers or employees of the United States designated by the Chief Information Officer. (c) Administrative Provisions.-- (1) Chairman.--The Chief Information Officer shall be the Chairman of the Council. (2) Deputy chairman.-- (A) The Deputy Chairman of the Council shall be selected by the Council from among its members. (B) The Deputy Chairman shall serve a one-year term, and may serve multiple terms. (3) Support.--The Administrator of General Services shall provide administrative and other support for the Council, including resources provided through the Information Technology Fund established by section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757). (d) Functions.--The Council shall-- (1) assist and advise in the development and implementation of Federal policies and practices with regard to agency development, application, and management of information technology; (2) assist and advise the Chief Information Officer and the Director of the Office of Management and Budget in developing and maintaining the Government-wide strategic information resources management plan required by section 3506 of title 44, United States Code; (3) assist and advise the Chief Information Officer in the selection and coordination of-- (A) multi-agency initiatives to improve the performance of agency missions through the use of information technology; and (B) pilot projects to test alternative approaches for agencies to plan for, acquire, and manage information technology; (4) coordinate and monitor the development and use of common performance measures for agency information resources management activities; (5) coordinate the acquisition and provision of common infrastructure services to facilitate communication and data exchange among agencies and with State, local, and tribal governments; (6) review and make recommendations to address the hiring, training, classification, and professional development needs of agencies with regard to the development, application, and management of information technology; (7) review and make recommendations with regard to information technology standards, including those developed under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) and section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441); (8) consult with appropriate individuals and organizations at all levels of government and the private sector to enhance understanding of opportunities to improve the development, application, and management of information technology to serve public needs; and (9) consult with appropriate agencies to facilitate effective participation by the Federal Government in international information-related activities and organizations. SEC. 5. NATIONAL SECURITY SYSTEMS. (a) Inapplicability of Act to National Security Systems.--This Act does not apply to national security systems, as that term is defined by section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). (b) Requirements.--The head of an agency responsible for a national security system shall-- (1) comply with the provisions of this Act with regard to information technology other than such national security system; and (2) consult with the Chief Information Officer to ensure effective communication concerning best practices experiences in the development, application, and management of information technology. SEC. 6. DEFINITIONS. The definitions in section 3502 of title 44, United States Code, shall apply with respect to this Act. SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 44, U.S.C.--(1) Section 3503(b) of title 44, United States Code, is amended in the second sentence by inserting before the period the following: ``, and shall coordinate all such functions with the Chief Information Officer of the United States''. (2) Section 3504(a)(2) of title 44, United States Code, is amended by inserting before the period the following: ``and in consultation with the Chief Information Officer of the United States''. (b) Federal Property and Administrative Services Act.--Section 110(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757(a)), is amended by inserting at the end the following: ``(3) The Administrator's decisions with regard to obligations of, and expenditures from, the Fund shall be subject to direction by the Chief Information Officer of the United States.''. SEC. 8. FTS 2000 PROGRAM. The authority of the Chief Information Officer under this Act to direct the use by the Administrator of General Services of available budget authority in the Information Technology Fund established by section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757) is subject to the limitation provided under section 5124(b) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b)) with regard to the Administrator's management of the FTS 2000 program and any follow-on to the program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, to remain available until expended, such sums as may be necessary for each of fiscal years 2001 through 2005. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 60 days after the date of the enactment of this Act.

Provides for such office to be headed by a Chief Information Officer who shall be the President's principal adviser on matters relating to such development, application, and management of information technology. Establishes in the executive branch a Chief Information Officers Council to assist and advise in the development and implementation of Federal policies and practices with regard to agency development, application, and management of information technology. Provides that this Act shall not apply to national security systems.

Chief Information Officer of the United States Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair, Accurate, Secure, and Timely Redress Act of 2008'' or the ``FAST Redress Act of 2008''. SEC. 2. ESTABLISHMENT OF APPEAL AND REDRESS PROCESS FOR INDIVIDUALS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT, BENEFIT, OR PRIVILEGE. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 890A. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT, BENEFIT, OR PRIVILEGE. ``(a) Establishment.--Not later than 30 days after the date of the enactment of this section, the Secretary shall establish a timely and fair process for individuals who believe they were delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration (TSA) or any office or component of the Department. ``(b) Office of Appeals and Redress.-- ``(1) Establishment.--The Secretary shall establish in the Department an Office of Appeals and Redress to implement, coordinate, and execute the process established by the Secretary pursuant to subsection (a). The Office shall include representatives from the TSA and such other offices and components of the Department as the Secretary determines appropriate. ``(2) Comprehensive cleared list.--The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office, under the direction of the Secretary, will maintain and appropriately disseminate a comprehensive list, to be known as the `Comprehensive Cleared List', of individuals who-- ``(A) were misidentified as an individual on any terrorist watchlist or database; ``(B) completed an approved Department of Homeland Security appeal and redress request and provided such additional information as required by the Department to verify the individual's identity; and ``(C) permit the use of their personally identifiable information to be shared between multiple Departmental components for purposes of this section. ``(3) Use of comprehensive cleared list.-- ``(A) In general.--The Secretary shall-- ``(i) except as provided in subparagraph (B), transmit to the TSA or any other appropriate office or component of the Department, other Federal, State, local, and tribal entities, and domestic air carriers and foreign air carriers that use any terrorist watchlist or database, the Comprehensive Cleared List and any other information the Secretary determines necessary to resolve misidentifications and improve the administration of the advanced passenger prescreening system and reduce the number of false positives; and ``(ii) ensure that the Comprehensive Cleared List is taken into account by all appropriate offices or components of the Department when assessing the security risk of an individual. ``(B) Termination.-- ``(i) In general.--The transmission of the Comprehensive Cleared List to domestic air carriers and foreign air carriers under clause (i) of subparagraph (A) shall terminate on the date on which the Federal Government assumes terrorist watchlist or database screening functions. ``(ii) Written notification to congress.-- Not later than 15 days after the date on which the transmission of the Comprehensive Cleared List to the air carriers referred to in clause (i) of this subparagraph terminates in accordance with such clause, the Secretary shall provide written notification to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate of such termination. ``(4) Intergovernmental efforts.--The Secretary may-- ``(A) enter into memoranda of understanding with other Federal, State, local, and tribal agencies or entities, as necessary, to improve the appeal and redress process and for other purposes such as to verify an individual's identity and personally identifiable information; and ``(B) work with other Federal, State, local, and tribal agencies or entities that use any terrorist watchlist or database to ensure, to the greatest extent practicable, that the Comprehensive Cleared List is considered when assessing the security risk of an individual. ``(5) Handling of personally identifiable information.--The Secretary, in conjunction with the Chief Privacy Officer of the Department, shall-- ``(A) require that Federal employees of the Department handling personally identifiable information of individuals (in this paragraph referred to as `PII') complete mandatory privacy and security training prior to being authorized to handle PII; ``(B) ensure that the information maintained under this subsection is secured by encryption, including one-way hashing, data anonymization techniques, or such other equivalent technical security protections as the Secretary determines necessary; ``(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve an appeal and redress request; ``(D) ensure that the information maintained under this subsection is shared or transferred via an encrypted data network that has been audited to ensure that the anti-hacking and other security related software functions perform properly and are updated as necessary; ``(E) ensure that any employee of the Department receiving the information maintained under this subsection handles such information in accordance with section 552a of title 5, United States Code, the Federal Information Security Management Act of 2002 (Public Law 107-296), and other applicable laws; ``(F) only retain the information maintained under this subsection for as long as needed to assist the individual traveler in the appeal and redress process; ``(G) engage in cooperative agreements with appropriate Federal agencies and entities, on a reimbursable basis, to ensure that legal name changes are properly reflected in any terrorist watchlist or database and the Comprehensive Cleared List to improve the appeal and redress process and to ensure the most accurate lists of identifications possible (except that section 552a of title 5, United States Code, shall not prohibit the sharing of legal name changes among Federal agencies and entities for the purposes of this section); and ``(H) conduct and publish a privacy impact assessment of the appeal and redress process established under this section and transmit the assessment to the Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(6) Initiation of appeal and redress process at airports.--At each airport at which-- ``(A) the Department has a presence, the Office shall provide written information to air carrier passengers to begin the appeal and redress process established pursuant to subsection (a); and ``(B) the Department has a significant presence, provide the written information referred to in subparagraph (A) and ensure a TSA supervisor who is trained in such appeal and redress process is available to provide support to air carrier passengers in need of guidance concerning such process. ``(7) Report to congress.--Not later than 240 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of information sharing among users at the Department of any terrorist watchlist or database. The report shall include the following information: ``(A) A description of the processes and the status of the implementation of this section to share the Comprehensive Cleared List with other Department offices and components and other Federal, State, local, and tribal authorities that utilize any terrorist watchlist or database. ``(B) A description of the extent to which such other Department offices and components are taking into account the Comprehensive Cleared List. ``(C) Data on the number of individuals who have sought and successfully obtained redress through the Office of Appeals and Redress. ``(D) Data on the number of individuals who have sought and were denied redress through the Office of Appeals and Redress. ``(E) An assessment of what impact information sharing of the Comprehensive Cleared List has had on misidentifications of individuals who have successfully obtained redress through the Office of Appeals and Redress. ``(F) An updated privacy impact assessment. ``(c) Terrorist Watchlist or Database Defined.--In this section, the term `terrorist watchlist or database' means any terrorist watchlist or database used by the Transportation Security Administration or any office or component of the Department of Homeland Security or specified in Homeland Security Presidential Directive-6, in effect as of the date of the enactment of this section.''. (b) Incorporation of Secure Flight.--Section 44903(j)(2) of title 49, United States Code, is amended-- (1) in subparagraph (C)(iii)-- (A) by redesignating subclauses (II) through (VII) as subclauses (III) through (VIII), respectively; and (B) by inserting after subclause (I) the following new subclause: ``(II) ensure, not later than 30 days after the date of the enactment of the FAST Redress Act of 2008, that the procedure established under subclause (I) is incorporated into the appeals and redress process established under section 890A of the Homeland Security Act of 2002;''; (2) in subparagraph (E)(iii), by inserting before the period at the end the following: ``, in accordance with the appeals and redress process established under section 890A of the Homeland Security Act of 2002''; and (3) in subparagraph (G)-- (A) in clause (i), by adding at the end the following new sentence: ``The Assistant Secretary shall incorporate the process established pursuant to this clause into the appeals and redress process established under section 890A of the Homeland Security Act of 2002.''; and (B) in clause (ii), by adding at the end the following new sentence: ``The Assistant Secretary shall incorporate the record established and maintained pursuant to this clause into the Comprehensive Cleared List established and maintained under such section 890A.''. (c) Conforming Amendment.--Title 49, United States Code, is amended by striking section 44926 (and the item relating to such section in the analysis for chapter 449 of title 49). (d) Clerical Amendment.--Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating to section 890 the following new item: ``Sec. 890A. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege.''. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.

Fair, Accurate, Secure, and Timely Redress Act of 2008 or the FAST Redress Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a timely and fair process for individuals who believe they were delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration (TSA) or any component of the Department of Homeland Security (DHS); and (2) an Office of Appeals and Redress within DHS to implement, coordinate, and execute the process. Requires the process to include the establishment of a method for maintaining and appropriately disseminating a Comprehensive Cleared List of individuals who: (1) were misidentified; (2) completed an appeal and redress request and provided required information to verify their identity; and (3) permit their personally identifiable information to be shared between DHS components. Directs the Secretary to: (1) transmit information necessary to resolve misidentifications, improve administration of the advanced passenger prescreening system, and reduce false positives to TSA or any other appropriate DHS component, other federal, state, local, and tribal entities, and domestic and foreign air carriers that use any terrorist watchlist or database; and (2) ensure that the List is considered when assessing an individual's security risk. Terminates the transmission of the List to domestic and foreign air carriers on the date the federal government assumes terrorist watchlist or database screening functions. Authorizes the Secretary to: (1) enter into memoranda of understanding with federal, state, local, and tribal entities to improve the appeal and redress process and for other purposes, such as to verify an individual's identity and personally identifiable information; and (2) work with other entities that use any terrorist watchlist or database to ensure that the List is considered when assessing an individual's security risk. Directs the Secretary, in conjunction with DHS's Chief Privacy Officer, to: (1) require that DHS employees complete mandatory privacy and security training before being authorized to handle personally identifiable information; (2) ensure that the information maintained is secured by encryption,; (3) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve an appeal and redress request; (4) ensure that the information maintained is shared or transferred via an encrypted data network that has been audited to ensure that security related software functions perform properly and are updated as necessary; (5) ensure that any DHS employee receiving the information handles it in accordance with the Privacy Act of 1974 and other specified law; (6) retain the information for only as long as needed to assist the individual traveler in the appeal and redress process; (7) engage in cooperative agreements with appropriate federal entities to ensure that legal name changes are properly reflected in any terrorist watchlist or database and the List; and (8) conduct, publish, and report to specified congressional committees on a privacy impact assessment of the process. Requires the Office of Appeals and Redress, at each airport at which: (1) DHS has a presence, to provide written information to air carrier passengers to begin the appeal and redress process; and (2) DHS has a significant presence, to provide that information and ensure the availability of a TSA supervisor who is trained in such process to provide support to air carrier passengers in need of guidance. Sets forth reporting requirements on the status of information sharing among users at DHS of any terrorist watchlist or database. Incorporates the appeals and redress process into the Secure Flight Program.

To amend the Homeland Security Act of 2002 to establish an appeal and redress process for individuals wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act''. SEC. 2. BISTI/DE-NA-ZIN WILDERNESS. (a) Wilderness Designation.--Section 102 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3155) is amended-- (1) in subsection (a)-- (A) by striking ``wilderness, and, therefore,'' and all that follows through ``System--'' and inserting ``wilderness areas, and as one component of the National Wilderness Preservation System, to be known as the `Bisti/De-Na-Zin Wilderness'--''; (B) in paragraph (1), by striking ``, and which shall be known as the Bisti Wilderness; and'' and inserting a semicolon; (C) in paragraph (2), by striking ``, and which shall be known as the De-Na-zin Wilderness.'' and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(3) certain lands in the Farmington District of the Bureau of Land Management, New Mexico, which comprise approximately 16,674 acres, as generally depicted on a map entitled `Bisti/De-Na-Zin Wilderness Amendment Proposal', dated May 1992.''; (2) in the first sentence of subsection (c), by inserting after ``of this Act'' the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and as soon as practicable after the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; (3) in subsection (d), by inserting after ``of this Act'' the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and where established prior to the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; and (4) by adding at the end the following new subsection: ``(e)(1) Subject to valid existing rights, the lands described in subsection (a)(3) are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. ``(2) The Secretary of the Interior may issue coal leases in New Mexico in exchange for any preference right coal lease application within the area described in subsection (a)(3). Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. ``(3) Operations on oil and gas leases issued prior to the date of enactment of subsection (a)(3) shall be subject to the applicable provisions of Group 3100 of title 43, Code of Federal Regulations (including section 3162.5-1), and such other terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant disturbance of the land surface or impairment of the ecological, educational, scientific, recreational, scenic, and other wilderness values of the lands described in subsection (a)(3) in existence on the date of enactment of subsection (a)(3).''. (b) Exchanges for State Lands.--Section 104 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended-- (1) in the first sentence of subsection (b), by inserting after ``of this Act'' the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and not later than 120 days after the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; (2) in subsection (c), by inserting before the period the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and as of the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''; and (3) in the last sentence of subsection (d), by inserting before the period the following: ``with regard to the areas described in paragraphs (1) and (2) of subsection (a), and not later than 2 years after the date of enactment of subsection (a)(3) with regard to the area described in subsection (a)(3)''. (c) Exchanges for Indian Lands.--Section 105 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3157) is amended by adding at the end the following new subsection: ``(d)(1) The Secretary of the Interior shall exchange any lands held in trust for the Navajo Tribe by the Bureau of Indian Affairs that are within the boundary of the area described in subsection (a)(3). ``(2) The lands shall be exchanged for lands within New Mexico approximately equal in value that are selected by the Navajo Tribe. ``(3) After the exchange, the lands selected by the Navajo Tribe shall be held in trust by the Secretary of the Interior in the same manner as the lands described in paragraph (1).''. SEC. 3. FOSSIL FOREST RESEARCH NATURAL AREA. Section 103 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended to read as follows: ``SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA. ``(a) Establishment.--To conserve and protect natural values and to provide scientific knowledge, education, and interpretation for the benefit of future generations, there is established the Fossil Forest Research Natural Area (referred to in this section as the `Area'), consisting of the approximately 2,770 acres in the Farmington District of the Bureau of Land Management, New Mexico, as generally depicted on a map entitled `Fossil Forest', dated June 1983. ``(b) Map and Legal Description.-- ``(1) In general.--As soon as practicable after the date of enactment of this paragraph, the Secretary of the Interior shall file a map and legal description of the Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. ``(2) Force and effect.--The map and legal description described in paragraph (1) shall have the same force and effect as if included in this Act. ``(3) Technical corrections.--The Secretary of the Interior may correct clerical, typographical, and cartographical errors in the map and legal description subsequent to filing the map pursuant to paragraph (1). ``(4) Public inspection.--The map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior. ``(c) Management.-- ``(1) In general.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the Area-- ``(A) to protect the resources within the Area; and ``(B) in accordance with-- ``(i) this Act; ``(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and ``(iii) other applicable provisions of law. ``(2) Mining.-- ``(A) Withdrawal.--Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. ``(B) Coal preference rights.--The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. ``(C) Oil and gas leases.--Operations on oil and gas leases issued prior to the date of enactment of this paragraph shall be subject to the applicable provisions of Group 3100 of title 43, Code of Federal Regulations (including section 3162.5-1), and such other terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant disturbance of the land surface or impairment of the natural, educational, and scientific research values of the Area in existence on the date of enactment of this paragraph. ``(3) Grazing.--Livestock grazing on lands within the Area may not be permitted. ``(d) Inventory.--Not later than 3 full fiscal years after the date of enactment of this subsection, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall develop a baseline inventory of all categories of fossil resources within the Area. After the inventory is developed, the Secretary shall conduct monitoring surveys at intervals specified in the management plan developed for the Area in accordance with subsection (e). ``(e) Management Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a management plan that describes the appropriate uses of the Area consistent with this Act. ``(2) Contents.--The management plan shall include-- ``(A) a plan for the implementation of a continuing cooperative program with other agencies and groups for-- ``(i) laboratory and field interpretation; and ``(ii) public education about the resources and values of the Area (including vertebrate fossils); ``(B) provisions for vehicle management that are consistent with the purpose of the Area and that provide for the use of vehicles to the minimum extent necessary to accomplish an individual scientific project; ``(C) procedures for the excavation and collection of fossil remains, including botanical fossils, and the use of motorized and mechanical equipment to the minimum extent necessary to accomplish an individual scientific project; and ``(D) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.''.

Bisti-De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act - Amends the San Juan Wilderness Protection Act of 1984 to incorporate additional lands in New Mexico into the Bisti/De-Na-Zin Wilderness. Withdraws such lands from all forms of appropriation under the mining laws and from disposition under laws pertaining to mineral and geothermal leasing and mineral material sales. Authorizes the Secretary of the Interior to issue coal leases in New Mexico in exchange for any preference right coal lease application on such lands after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. Provides for the exchange of State and Navajo Indian lands located in the wilderness for other lands. Establishes the Fossil Forest Research Natural Area within New Mexico. Makes such area subject to the same withdrawal requirements and coal preference rights as the wilderness area designated under this Act. Prohibits livestock grazing in the Area. Directs the Secretary, acting through the Director of the Bureau of Land Management, to develop a baseline inventory of all categories of fossil resources within the Area and to conduct monitoring surveys. Requires the Secretary to submit a management plan for the Area to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs to include: (1) a plan for the implementation of a cooperative program with other agencies for laboratory and field interpretation and public education; (2) provisions for vehicle management; (3) procedures for the excavation and collection of fossil remains; and (4) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.

Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Independent Film and Television Production Incentive Act of 2001''. SEC. 2. TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION WAGE CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the United States independent film and television production wage credit determined under this section with respect to any employer for any taxable year is an amount equal to 25 percent of the qualified wages paid or incurred during such taxable year. ``(2) Higher percentage for production employment in certain areas.--In the case of qualified employees in any qualified United States independent film and television production located in an area eligible for designation as a low-income community under section 45D or eligible for designation by the Delta Regional Authority as a distressed county or isolated area of distress, paragraph (1) shall be applied by substituting `35 percent' for `25 percent'. ``(b) Only First $25,000 of Wages per Year Taken Into Account.-- With respect to each qualified United States independent film and television production, the amount of qualified wages paid or incurred to each qualified employee which may be taken into account for a taxable year shall not exceed $25,000. ``(c) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means-- ``(A) any wages paid or incurred by an employer for services performed in the United States by an employee while such employee is a qualified employee, and ``(B) the employee fringe benefit expenses of the employer allocable to such services performed by such employee. ``(2) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, any employee of an employer if substantially all of the services performed during such period by such employee for such employer are performed in an activity related to any qualified United States independent film and television production in a trade or business of the employer. ``(B) Certain individuals not eligible.--Such term shall not include-- ``(i) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), and ``(ii) any 5-percent owner (as defined in section 416(i)(1)(B). ``(3) Coordination with other wage credits.--No credit shall be allowed under any other provision of this chapter for wages paid to any employee during any taxable year if the employer is allowed a credit under this section for any of such wages. ``(4) Wages.--The term `wages' has the same meaning as when used in section 51. ``(5) Employee fringe benefit expenses.--The term `employee fringe benefit expenses' means the amount allowable as a deduction under this chapter to the employer for any taxable year with respect to-- ``(A) employer contributions under stock bonus, pension, profit-sharing, or annuity plan, ``(B) employer-provided coverage under any accident or health plan for employees, and ``(C) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (1)(A) shall not be taken into account under this subparagraph. ``(d) Qualified United States Independent Film and Television Production.--For purposes of this section-- ``(1) In general.--The term `qualified United States independent film and television production' means any production of any motion picture (whether released theatrically or directly to video cassette or any other format), television or cable programming, mini series, episodic television, movie of the week, or pilot production for any of the preceding productions if-- ``(A) the majority of the days of principal photography of the production are within the United States (or in the case of the credit under subsection (a)(2), the area described in such subsection), ``(B) the production is created primarily for use as public entertainment or for educational purposes, and ``(C) the total cost of qualified wages of the production is more than $200,000 but less than $10,000,000. Such term shall not include any production if records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer in such production (reporting of books, films, etc. with sexually explicit conduct). For purposes of subparagraph (A), no day of photography shall be considered a day of principal photography unless the cost of wages for the production for that day exceeds the average daily cost of wages for such production. ``(2) Public entertainment.--The term `public entertainment' includes a motion picture film, video tape, or television program intended for initial broadcast via the public broadcast spectrum or delivered via cable distribution, or productions that are submitted to a national organization in existence on July 27, 2001, that rates films for violent or adult content. Such term does not include any film or tape the market for which is primarily topical, is otherwise essentially transitory in nature, or is produced for private noncommercial use. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2001, the $10,000,000 amount contained in paragraph (1)(C) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $500,000, such amount shall be rounded to the nearest multiple of $500,000. ``(e) Controlled Groups.--For purposes of this section-- ``(1) all employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this subpart, and ``(2) the credit (if any) determined under this section with respect to each such employer shall be its proportionate share of the wages giving rise to such credit. ``(f) Application of Certain Other Rules.--For purposes of this section, rules similar to the rules of section 51(k) and subsections (c) and (d) of section 52 shall apply.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the United States independent film and television production wage credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the United States independent film and television production wage credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45G(a),'' after ``45A(a),''. (e) Conforming Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. United States independent film and television production wage credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act in taxable years ending after such date.

United States Independent Film and Television Production Incentive Act of 2001 - Amends the Internal Revenue Code to establish a tax credit for 25 percent of up to the first $25,000 of qualified wages paid or incurred by an employer with respect to employees in any qualified U.S. independent film and television production during a taxable year. Increases the credit to 35 percent if the production is located in an area eligible for designation as a low-income community or eligible for designation by the Delta Regional Authority as a distressed county or isolated area of distress.

A bill to amend the Internal Revenue Code of 1986 to allow a United States independent film and television production wage credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Preservation Act of 2001''. SEC. 2. REAFFIRMATION OF POLICY ON THE PRESERVATION OF PEACE IN SPACE. Congress reaffirms the policy expressed in section 102(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451(a)), stating that it ``is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all mankind.''. SEC. 3. PERMANENT BAN ON BASING OF WEAPONS IN SPACE. The President shall-- (1) implement a permanent ban on space-based weapons of the United States and remove from space any existing space-based weapons of the United States; and (2) immediately order the permanent termination of research and development, testing, manufacturing, production, and deployment of all space-based weapons of the United States and their components. SEC. 4. WORLD AGREEMENT BANNING SPACE-BASED WEAPONS. The President shall direct the United States representatives to the United Nations and other international organizations to immediately work toward negotiating, adopting, and implementing a world agreement banning space-based weapons. SEC. 5. REPORT. The President shall submit to Congress not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, a report on-- (1) the implementation of the permanent ban on space-based weapons required by section 3; and (2) progress toward negotiating, adopting, and implementing the agreement described in section 4. SEC. 6. NON SPACE-BASED WEAPONS ACTIVITIES. Nothing in this Act may be construed as prohibiting the use of funds for-- (1) space exploration; (2) space research and development; (3) testing, manufacturing, or production that is not related to space-based weapons or systems; or (4) civil, commercial, or defense activities (including communications, navigation, surveillance, reconnaissance, early warning, or remote sensing) that are not related to space-based weapons or systems. SEC. 7. DEFINITIONS. In this Act: (1) The term ``space'' means all space extending upward from an altitude greater than 60 kilometers above the surface of the earth and any celestial body in such space. (2)(A) The terms ``weapon'' and ``weapons system'' mean a device capable of any of the following: (i) Damaging or destroying an object (whether in outer space, in the atmosphere, or on earth) by-- (I) firing one or more projectiles to collide with that object; (II) detonating one or more explosive devices in close proximity to that object; (III) directing a source of energy (including molecular or atomic energy, subatomic particle beams, electromagnetic radiation, plasma, or extremely low frequency (ELF) or ultra low frequency (ULF) energy radiation) against that object; or (IV) any other unacknowledged or as yet undeveloped means. (ii) Inflicting death or injury on, or damaging or destroying, a person (or the biological life, bodily health, mental health, or physical and economic well- being of a person)-- (I) through the use of any of the means described in clause (i) or subparagraph (B); (II) through the use of land-based, sea- based, or space-based systems using radiation, electromagnetic, psychotronic, sonic, laser, or other energies directed at individual persons or targeted populations for the purpose of information war, mood management, or mind control of such persons or populations; or (III) by expelling chemical or biological agents in the vicinity of a person. (B) Such terms include exotic weapons systems such as-- (i) electronic, psychotronic, or information weapons; (ii) chemtrails; (iii) high altitude ultra low frequency weapons systems; (iv) plasma, electromagnetic, sonic, or ultrasonic weapons; (v) laser weapons systems; (vi) strategic, theater, tactical, or extraterrestrial weapons; and (vii) chemical, biological, environmental, climate, or tectonic weapons. (C) The term ``exotic weapons systems'' includes weapons designed to damage space or natural ecosystems (such as the ionosphere and upper atmosphere) or climate, weather, and tectonic systems with the purpose of inducing damage or destruction upon a target population or region on earth or in space.

Space Preservation Act of 2001 - Reaffirms U.S. policy that activities in space should be devoted to peaceful purposes.Directs the President to: (1) ban U.S. space-based weapons and remove from space any existing U.S. weapons; (2) terminate research and development, testing, manufacturing, production, and deployment of all such weapons; and (3) direct the U.S. representatives to the United Nations and other international organizations to work toward negotiating, adopting, and implementing a world agreement banning space-based weapons.

To preserve the cooperative, peaceful uses of space for the benefit of all humankind by permanently prohibiting the basing of weapons in space by the United States, and to require the President to take action to adopt and implement a world treaty banning space-based weapons.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Pet Protection Act of 1996''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Restriction on sources of dogs and cats for research or educational purposes. Sec. 3. Restriction on sale, donation, offer, or lease of dogs and cats. Sec. 4. Definition of pound. Sec. 5. Additional requirements for pounds. Sec. 6. Registration requirement. Sec. 7. Holding period. Sec. 8. Signed release form requirement. Sec. 9. Verification of identity of person relinquishing a dog or cat. Sec. 10. Identifying photograph requirement. Sec. 11. Certification requirement for pounds. Sec. 12. Prohibition against transfer of dogs or cats between pounds. Sec. 13. Pound employees treated as agents. Sec. 14. Penalties for certain violations. Sec. 15. Injunctions against pounds. Sec. 16. Relationship to state law. Sec. 17. Effective date. SEC. 2. RESTRICTIONS ON SOURCES OF DOGS AND CATS FOR RESEARCH OR EDUCATIONAL PURPOSES. (a) In General.--Section 7 of the Animal Welfare Act (7 U.S.C. 2137) is amended to read as follows: ``SEC. 7. RESTRICTIONS ON SOURCES OF DOGS AND CATS FOR RESEARCH OR EDUCATIONAL PURPOSES. ``(a) Restriction Applicable to Research Facilities.--It shall be unlawful for any research facility to purchase, lease, or acquire in a calendar year a live or dead dog or cat, in or affecting commerce, for research or educational purposes, except from-- ``(1) a licensed dealer who bred and raised the dog or cat; ``(2) a pound that is in compliance with sections 6, 28, and 30, and that acquired the dog or cat from the legal owner of the dog or cat; ``(3) a person who bred and raised the dog or cat and donated during the calendar year not more than 1 animal to a research facility or Federal research facility; ``(4) a research facility that is registered with the Department of Agriculture; or ``(5) a Federal, State, or local government agency which is not a pound. ``(b) Restriction Applicable to Federal Research Facilities.--It shall be unlawful for an individual acting as an employee or agent of a Federal research facility to acquire a dog or cat for research or educational purposes, except from an entity from which a research facility may do so.''. (b) Conforming Amendment.--Section 8 of such Act (7 U.S.C. 2138) is amended by striking ``research or experimentation or''. SEC. 3. RESTRICTION ON SALE, DONATION, OFFER, OR LEASE OF DOGS AND CATS FOR RESEARCH OR EDUCATIONAL PURPOSES. The Animal Welfare Act (7 U.S.C. 2131-2159) is amended by inserting after section 17 the following: ``SEC. 18. RESTRICTION ON SALE, DONATION, OFFER, OR LEASE OF DOGS AND CATS FOR RESEARCH OR EDUCATIONAL PURPOSES. ``Notwithstanding any other provision of this Act, a person may not sell, donate, offer, or lease any live or dead dog or cat, in or affecting commerce, to a research facility or Federal research facility for research or educational purposes unless the person is-- ``(1) a licensed dealer who bred and raised the dog or cat; ``(2) a pound that is in compliance with sections 6, 28, and 30, and that acquired the dog or cat from the legal owner of the dog or cat; ``(3) a person who bred and raised the dog or cat and donated during the calendar year not more than 1 animal to a research facility or Federal research facility; ``(4) a research facility that is registered with the Department of Agriculture; or ``(5) a Federal, State, or local government agency which is not a pound.''. SEC. 4. DEFINITION OF POUND. (a) In General.--Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended-- (1) in subsection (n), by striking ``and''; (2) in subsection (o), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(p) The term `pound' means a facility (including a shelter)-- ``(1) which operates for the purpose of caring for stray animals; and ``(2) which is owned or operated by, or provides services under a contract to, a State or a political subdivision of a State.''. (b) Conforming Amendments.-- (1) Section 28(a)(2)(A) of such Act (7 U.S.C. 2158(a)(2)(A)) is amended to read as follows: ``(A) each pound;''. (2) Section 28(a)(2)(B) of such Act (7 U.S.C. 2158(a)(2)(B) is amended-- (A) by inserting a comma after ``city'' and ``pound''; and (B) by striking ``or shelter''. SEC. 5. ADDITIONAL REQUIREMENTS FOR POUNDS. The Animal Welfare Act (7 U.S.C. 2131-2159) is amended by adding at the end the following: ``SEC. 30. ADDITIONAL REQUIREMENTS FOR POUNDS. ``(a) Public Access.-- ``(1) Times.--A pound that releases a dog or cat to a research facility or Federal research facility shall be open to the public-- ``(A) on 1 day of each weekend for a minimum of 3 hours; and ``(B) until 6 o'clock post meridian at least 1 weekday per week. ``(2) Records.--A pound that releases a dog or cat to a research facility or Federal research facility shall maintain, and provide to the public access to, the records of the acquisition and disposition of every dog and cat received by the pound. ``(b) Screening and Training of Pound Employees and Applicants.-- ``(1) Employees.--A pound that releases a dog or cat to a research facility or Federal research facility shall-- ``(A) require that every employee (whether paid or unpaid) sign a form attesting-- ``(i) that the employee has not been convicted of a crime relating to animal theft or cruelty to animals; and ``(ii) that the employee understands that if the pound discovers that the employee has been convicted of a crime relating to animal theft or cruelty to animals, the employee will be immediately dismissed from employment; ``(B) terminate the employment of any such employee whom the pound discovers has been convicted of a crime relating to animal theft or cruelty to animals; ``(C) train each such employee in the identification of the breeds of dogs and cats and in basic procedures for the maintenance of health and hygiene of dogs and cats; and ``(D) require that every such employee pass a test, which shall be developed by the Department of Agriculture, in the identification of breeds of dogs and cats and in basic procedures for the maintenance of health and hygiene of dogs and cats. ``(2) Applicants.--Before hiring an applicant for a position with the pound, a pound that releases a dog or cat to a research facility or Federal research facility shall-- ``(A) require that the applicant sign a form attesting-- ``(i) that the applicant has not been convicted of a crime relating to animal theft or cruelty to animals; and ``(ii) that the applicant understands that if the pound discovers that the employee or applicant has been convicted of a crime relating to animal theft or cruelty to animals, the applicant will be immediately disqualified from employment; and ``(B) deny employment to any such applicant whom the pound discovers has been convicted of a crime relating to animal theft or cruelty to animals. ``(c) Fine.--In addition to any penalty under section 28, the Secretary shall impose a minimum fine of $1,000 on any person who violates this section, for each such violation.''. SEC. 6. REGISTRATION REQUIREMENT. Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended by inserting ``every pound that provides a dog or cat to a research facility or Federal research facility,'' after ``research facility,''. SEC. 7. HOLDING PERIOD. Section 28(a)(1) the Animal Welfare Act (7 U.S.C. 2158(a)(1)) is amended-- (1) by striking ``five days'' and inserting ``10 days (excluding the day such dog or cat is acquired and any day such entity is not open to the public)''; and (2) by inserting ``or provides such dog or cat to a research facility or Federal research facility'' after ``dealer''. SEC. 8. SIGNED RELEASE FORM REQUIREMENT. (a) In General.--Section 28(b)(2)(D) of the Animal Welfare Act (7 U.S.C. 2158(b)(2)(D)) is amended to read as follows: ``(D) the name and address of the entity from which the dealer or pound acquired the dog or cat, and a separate, standard release form which-- ``(i) is issued by the Department of Agriculture; ``(ii) states in print, set in 12-point type or larger, that the dog or cat may be used for research or educational purposes; and ``(iii) is signed by the person or entity releasing the dog or cat;''. (b) Exception for Dogs and Cats To Be Adopted or Euthanized.-- Section 28(b) of such Act (7 U.S.C. 2158(b)) is amended by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively, and by inserting after paragraph (2) the following: ``(3) Permitted treatment of a dog or cat for which a pound does not provide the required release form.--Paragraph (2)(D) shall not apply to the release of a random source dog or cat for adoption or humane euthanization.''. SEC. 9. VERIFICATION OF IDENTITY OF PERSON RELINQUISHING A DOG OR CAT. Section 28(b)(4) of the Animal Welfare Act (7 U.S.C. 2158(b)(4)), as so redesignated by section 8(b) of this Act, is amended-- (1) by inserting after ``Records.--'' the following: ``(A) Certification.--''; (2) by indenting the 2 sentences beginning with ``The'' 2 ems to the right; and (3) by adding at the end the following: ``(B) Verification of identity of person releasing a dog or cat.--A pound may not release a dog or cat to a research facility or Federal research facility unless, when the dog or cat was released to the pound-- ``(i) the person who so released the dog or cat presented to the pound a rabies certificate or veterinary record for the dog or cat; and ``(ii) the pound verified that the name appearing on the form of identification presented by the person and the name of the owner of the dog or cat on the rabies certificate or veterinary record matched.''. SEC. 10. IDENTIFYING PHOTOGRAPH REQUIREMENT. Section 28(b)(2)(C) of the Animal Welfare Act (7 U.S.C. 2158(b)(2)(C)) is amended-- (1) by striking ``and'' at the end of clause (iv); and (2) by redesignating clause (v) as clause (vi) and inserting after clause (iv) the following: ``(v) 1 or more color photographs of the dog or cat, clearly showing the face of the dog or cat and any distinguishing markings; and''. SEC. 11. CERTIFICATION REQUIREMENT FOR POUNDS. Section 28 of the Animal Welfare Act (7 U.S.C. 2158) is amended-- (1) in subsections (b)(1), (b)(2)(A), (b)(4) (as so redesignated by section 8(b) of this Act), and (c)(2), by inserting ``or pound'' after ``dealer'' each place such term appears; and (2) in subsection (b)(2)(F), by striking ``or shelter''. SEC. 12. PROHIBITION AGAINST TRANSFER OF DOGS OR CATS BETWEEN POUNDS. Section 28(b)(5) of the Animal Welfare Act (7 U.S.C. 2158(b)(5)), as so redesignated by section 8(b) of this Act, is amended-- (1) by inserting after ``Transfers.--'' the following: ``(A) Transfers between research facilities.--''; (2) by indenting the sentence beginning with ``In'' 2 ems to the right; and (3) by adding at the end the following: ``(B) Transfers between pounds.--A pound may not release a dog or cat to another pound that allows the release of a dog or cat to a research facility or Federal research facility.''. SEC. 13. POUND EMPLOYEES TREATED AS AGENTS. Section 9 of the Animal Welfare Act (7 U.S.C. 2139) is amended-- (1) by inserting ``or a pound,'' after ``an intermediate handler,''; and (2) by inserting ``pound,'' after ``, intermediate handler,''. SEC. 14. PENALTIES FOR CERTAIN VIOLATIONS. Section 28(c)(2) of the Animal Welfare Act (7 U.S.C. 2158(c)(2)) is amended by striking ``subject to a fine of'' and inserting ``imprisoned for 6 months and fined''. SEC. 15. INJUNCTIONS AGAINST POUNDS. Section 29 of the Animal Welfare Act (7 U.S.C. 2159) is amended by inserting ``pound,'' after ``exhibitor,'' each place such term appears. SEC. 16. RELATIONSHIP TO STATE LAW. The Animal Welfare Act (7 U.S.C. 2131-2159) is amended by adding after section 30, as added by section 5 of this Act, the following: ``SEC. 31. RELATIONSHIP TO STATE LAW. ``This Act shall not be construed to supersede any State law or local ordinance that prohibits a pound from selling, donating, or offering a dog or cat to a research facility or Federal research facility.''. SEC. 17. EFFECTIVE DATE. The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

Family Pet Protection Act of 1996 - Amends the Animal Welfare Act to set forth restrictions on sources and sales of dogs and cats for research or educational purposes. Sets forth additional requirements for pounds, including provisions regarding: (1) registration; (2) release forms; (3) certification; and (4) transfers.

Family Pet Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in American Innovation Act of 2012''. SEC. 2. EXTENSION OF RESEARCH AND DEVELOPMENT TAX CREDIT. (a) In General.--Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking ``December 31, 2011'' and inserting ``December 31, 2012''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2011. SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS. (a) In General.--Section 894 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Limitation on Treaty Benefits for Certain Deductible Payments.-- ``(1) In general.--In the case of any deductible related- party payment, any withholding tax imposed under chapter 3 (and any tax imposed under subpart A or B of this part) with respect to such payment may not be reduced under any treaty of the United States unless any such withholding tax would be reduced under a treaty of the United States if such payment were made directly to the foreign parent corporation. ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. ``(3) Foreign controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `foreign controlled group of entities' means a controlled group of entities the common parent of which is a foreign corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). ``(5) Regulations.--The Secretary may prescribe such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provide for-- ``(A) the treatment of two or more persons as members of a foreign controlled group of entities if such persons would be the common parent of such group if treated as one corporation, and ``(B) the treatment of any member of a foreign controlled group of entities as the common parent of such group if such treatment is appropriate taking into account the economic relationships among such entities.''. (b) Effective Date.--The amendment made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 4. GENERAL AVIATION AIRCRAFT TREATED AS 7-YEAR PROPERTY. (a) In General.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: ``(v) any general aviation aircraft, and''. (b) Class Life.--Paragraph (3) of section 168(g) of such Code is amended by inserting after subparagraph (E) the following new subparagraph: ``(F) General aviation aircraft.--In the case of any general aviation aircraft, the recovery period used for purposes of paragraph (2) shall be 12 years.''. (c) General Aviation Aircraft.--Subsection (i) of section 168 such Code is amended by inserting after paragraph (19) the following new paragraph: ``(20) General aviation aircraft.--The term `general aviation aircraft' means any airplane or helicopter (including airframes and engines) not used in commercial or contract carrying of passengers or freight, but which primarily engages in the carrying of passengers.''. (d) Effective Date.--This section shall be effective for property placed in service after December 31, 2012.

Investing in American Innovation Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2012 the tax credit for increasing research activities; (2) prohibit a reduction under any treaty of the United States of tax withholding for a tax deductible payment made between persons who are members of the same foreign controlled group of entities unless there would be a similar reduction for payments made directly to the foreign parent corporation of such entities; and (3) classify general aviation aircraft as seven-year property for purposes of the depreciation tax deduction (currently, expenses for aircraft can be deducted or expensed in the current taxable year). Defines "general aviation aircraft" as any airplane or helicopter not used in commercial or contract carrying of passengers or freight, but which primarily engages in the carrying of passengers.

To amend the Internal Revenue Code of 1986 to extend the research and development tax credit, to limit treaty benefits with respect to certain deductible related-party payments, and to treat general aviation aircraft as 7-year property.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) In General.--This Act may be cited as the ``Southeastern Oregon Development 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. TITLE I--ECONOMIC DEVELOPMENT ACTIVITIES IN SOUTHEASTERN OREGON Sec. 101. Water development. Sec. 102. Establishment of an Agricultural Center for Rangeland Excellence. Sec. 103. Rural fire assistance. Sec. 104. Infrastructure assistance to promote economic development in rural communities. Sec. 105. Workforce development training grants. Sec. 106. Authorization of appropriations. TITLE II--REGIONAL COMMISSION STUDY Sec. 201. Study. TITLE III--SOUTHEASTERN OREGON WITHDRAWAL AREA Sec. 301. Definitions. Sec. 302. Designation of Southeastern Oregon Withdrawal Area. Sec. 303. Purposes and management. Sec. 304. Authorization of appropriations. Sec. 305. Effect of title. SEC. 2. DEFINITIONS. In this Act: (1) City.--The term ``City'' means a city or unincorporated community in the County. (2) County.--The term ``County'' means Malheur County, Oregon. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Oregon. (5) Withdrawal area.--The term ``withdrawal area'' means the Southeastern Oregon Withdrawal Area established by section 302(a). TITLE I--ECONOMIC DEVELOPMENT ACTIVITIES IN SOUTHEASTERN OREGON SEC. 101. WATER DEVELOPMENT. (a) In General.--The Secretary of Agriculture shall provide grants for projects in the State to develop modern and efficient water systems that are designed-- (1) to provide adequate water supply and improve water storage for livestock, other agricultural users, and wildlife; (2) to keep livestock out of rivers, streams, and riparian areas; and (3) to find innovative ways to address water needs for fighting fires and protecting habitats. (b) Updates and Replacements to Watering Systems.--In providing grants under subsection (a), the Secretary of Agriculture may provide grants for projects in the State to update or replace watering systems within the boundary of the withdrawal area with more efficient systems. SEC. 102. ESTABLISHMENT OF AN AGRICULTURAL CENTER FOR RANGELAND EXCELLENCE. The Secretary of Agriculture shall establish an Agricultural Center for Rangeland Excellence to be located in the County-- (1) to collaborate with the Department of Agriculture Research Station in Harney County, Oregon, Oregon State University Extension Livestock Rangeland Management Program in the County, local agricultural producers, and other entities, as appropriate; (2) to conduct rangeland and grazing research, including the conduct of research that addresses invasive species and water storage improvements for livestock and wildlife; (3) to collaborate with agricultural researchers and producers in the County and surrounding area to improve grazing practices; and (4) to provide to the Director of the Bureau of Land Management any findings of the Center to assist in preparing applicable allotment management plans. SEC. 103. RURAL FIRE ASSISTANCE. (a) Reauthorization of Rural Firefighter Assistance Program.-- (1) Use of funds.--Section 6405(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2655(d)) is amended-- (A) in paragraph (9), by striking ``or'' at the end; (B) in paragraph (10), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(11) to fund operating expenses of firefighters, including expenses for training, equipment, insurance, maintenance, and fuel.''. (2) Authorization of appropriations.--Section 6405(g)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2655(g)(1)) is amended by striking ``each of fiscal years 2008 through 2012'' and inserting ``each fiscal year''. (3) Limitation.--Section 6405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2655) is amended by adding at the end the following: ``(h) Limitation.--In carrying out the program under this section, the Secretary shall, to the maximum extent practicable, minimize the administrative and paperwork burden imposed on recipients of financial assistance under this section.''. (b) Surplus Equipment Program.--The Secretaries of Homeland Security and Defense and the Secretary (referred to in this subsection as the ``Secretaries'') shall establish a program within the Departments of Homeland Security, Defense, and the Interior, respectively, under which the Secretaries shall transfer to States and units of local government surplus equipment of the applicable Department that can be used in firefighting, including surplus mechanical equipment and communication devices. (c) Establishment of Fuel Breaks Along Certain Eligible Access Roads.-- (1) In general.--The Secretary shall establish a program within the Bureau of Land Management for the establishment and maintenance of strategic fuel breaks from which firefighters would be able to safely operate-- (A) to preserve critical sage grouse habitat; and (B) to support the ranching community in the vicinity of the fuel breaks. (2) Priority.--In determining the placement of strategic fuel breaks under paragraph (1), the Secretary shall-- (A) consult with land managers to assess whether the fuel break serves the purposes described in that paragraph; and (B) give priority to fuel breaks that the Secretary determines would serve the purposes described in that paragraph. SEC. 104. INFRASTRUCTURE ASSISTANCE TO PROMOTE ECONOMIC DEVELOPMENT IN RURAL COMMUNITIES. (a) Infrastructure Grants for Communities in the County.-- (1) In general.--The Secretary of Agriculture (acting through the Under Secretary for Rural Development) (referred to in this subsection as the ``Secretary'') shall provide to eligible communities described in paragraph (2) grants for infrastructure projects in the eligible communities, including-- (A) projects relating to drinking water and wastewater systems; and (B) projects for the improvement of broadband or cellular service. (2) Eligible community.--An eligible community referred to in paragraph (1) is a community that is-- (A) incorporated or recognized in the County land use plan or a regional land use plan; or (B) within tribal jurisdictional boundaries in the County. (3) Application.--To be eligible to receive a grant under this subsection an eligible community described in paragraph (2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (b) Study of Rural Air Service.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall conduct a study of infrastructure needs in rural communities and improvements for rural air services and infrastructure that would support commercial, charter, or subscription air service at the Ontario Municipal Airport, which shall focus on-- (A) the air service needs of the County and surrounding areas; (B) improving access for tourism to the County; (C) supporting firefighting staging and deployment; (D) supporting commercial, recreational, and agricultural needs; and (E) improving economic development opportunities in the County through transportation improvements. (2) Report.--On completion of the study under paragraph (1), the Secretary of Transportation shall submit to the appropriate committees of Congress a report that describes the results of the study. (c) Construction of Innovative Agricultural Transportation Infrastructure.-- (1) Grant.--The Secretary of Transportation may provide to the State a grant for the construction or improvement of transportation systems facilitating the efficient movement of agricultural and other products through the Treasure Valley Intermodal Transfer Facility in the County. (2) Applications.--To be eligible to receive a grant under this subsection, the State shall submit to the Secretary of Transportation an application at such time, in such manner, and containing such information as the Secretary of Transportation may require. (d) Transportation System Improvements.-- (1) In general.--The Secretary of Transportation shall provide financial assistance to the County for the conduct of projects that would improve-- (A) the downtown area of the Cities and surrounding communities; and (B) transportation within the Cities, including-- (i) projects relating to-- (I) pedestrian, bicycle, and transit access in the Cities; and (II) safety corridors in the Cities; (ii) projects to improve access to, and improvements for, trails along waterfronts in the Cities; (iii) projects to ensure the availability of transit for senior citizens; and (iv) projects to improve the availability of transit for workers and individuals needing transportation to healthcare appointments. (2) Applications.--To be eligible to receive financial assistance under this subsection, the County shall submit to the Secretary of Transportation an application at such time, in such manner, and containing such information as the Secretary of Transportation may require. (e) Lake Owyhee Road Transportation Improvement Projects.-- (1) In general.--The Secretary of Transportation shall provide to the State grants to support transportation projects to improve-- (A) the safety and security of the Owyhee Project; and (B) transportation access routes associated with the Owyhee Project. (2) Applications.--To be eligible to receive a grant under this subsection, the State shall submit to the Secretary of Transportation an application at such time, in such manner, and containing such information as the Secretary of Transportation may require. SEC. 105. WORKFORCE DEVELOPMENT TRAINING GRANTS. (a) Definitions.--In this section: (1) Eligible entity.-- (A) In general.--The term ``eligible entity'' means a public or private nonprofit agency or organization or a consortium of public or private nonprofit agencies or organizations. (B) Inclusions.--The term ``eligible entity'' includes-- (i) a community-based organization; (ii) a faith-based organization; (iii) an entity carrying out activities under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.), such as a local board; (iv) a community action agency; (v) a State or local housing development agency; (vi) an Indian tribe or other agency primarily serving members of Indian tribes; (vii) a community development corporation; (viii) a State or local youth service or conservation corps; and (ix) any other entity eligible to provide education or employment training under a Federal program (other than the program carried out under this section). (2) Secretary.--The term ``Secretary'' means the Secretary of Labor. (b) Establishment of Grant Program.--The Secretary shall establish within the Employment and Training Administration of the Department of Labor a program to provide to eligible entities grants for the conduct of workforce development training activities in the County. (c) Priorities.--In providing grants under subsection (b), the Secretary shall give priority to activities relating to-- (1) providing career technical education and training to youth under the Malheur County Poverty to Prosperity program; (2) training for adults that are reentering the workforce or seeking to improve career opportunities; and (3) training in agriculture and ranching for veterans and youth, including the use of innovative agricultural practices and conservation techniques. (d) Applications.--To be eligible to receive financial assistance under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE II--REGIONAL COMMISSION STUDY SEC. 201. STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall conduct a study on the need for an economic regional commission based on economic need in each of the following counties in the State: (1) Malheur County. (2) Klamath County. (3) Lake County. (4) Harney County. (5) Grant County. (6) Baker County. (7) Wheeler County. (b) Report.--The Secretary of Agriculture shall submit to Congress a report on the results of the study under subsection (a). TITLE III--SOUTHEASTERN OREGON WITHDRAWAL AREA SEC. 301. DEFINITIONS. In this title: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in the federally owned land depicted on the Map; and (B) any land or interest in land located within the withdrawal area that is acquired by the Federal Government after the date of enactment of this Act. (2) Map.--The term ``Map'' means the map entitled ``Southeastern Oregon Mineral Withdrawal Map-Proposed'' and dated June 7, 2016. SEC. 302. DESIGNATION OF SOUTHEASTERN OREGON WITHDRAWAL AREA. (a) In General.--There is established the Southeastern Oregon Withdrawal Area, comprising approximately 2,065,000 acres of eligible Federal land in the County, as generally depicted on the Map. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing laws. (c) Availability of Map.--The Map shall be on file and available for inspection in the appropriate offices of the Director of the Bureau of Land Management. (d) Effect on Geothermal Leases.--This section shall not apply to geothermal leases issued as of or after the date of enactment of this Act in the withdrawal area. SEC. 303. PURPOSES AND MANAGEMENT. (a) Purposes.--The purposes of the withdrawal area are-- (1) to preserve the traditional uses and values of the communities in the vicinity of the withdrawal area; (2) to protect against the harmful effects mining and oil and gas extraction could have on the unique and important resources of the region, particularly water quality, grazing, and other economic development opportunities; and (3)(A) to support the continuation of grazing in and around the withdrawal area; and (B) to recognize the significance of grazing in the economy, history, and culture of the County. (b) Maps and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of the withdrawal area. (2) Force and effect.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in-- (A) the office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in the State. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. SEC. 305. EFFECT OF TITLE. Nothing in this title restricts livestock grazing, law enforcement activities, wildfire management, hunting, fishing, fish and wildlife management activities, other authorized uses, or Federal, State, or local agency authorities allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law.

Southeastern Oregon Development Act This bill directs the Department of Agriculture (USDA) to make grants for projects in Oregon to develop modern and efficient water systems. USDA shall establish an Agricultural Center for Rangeland Excellence in Malheur County, Oregon (the county). The Farm Security and Rural Investment Act of 2002 is amended to make the rural firefighters and emergency medical service assistance program permanent and require grant amounts to fund the operating expenses of firefighters in rural areas. The Departments of Homeland Security, of Defense, and of the Interior shall establish programs for transferring surplus equipment that can be used in fire fighting. Interior shall establish a program of strategic fuel breaks from which firefighters can operate safely to preserve critical sage grouse habitat and support the nearby ranching community. USDA shall make grants for infrastructure projects for drinking water and wastewater systems and for improvement of broadband or cellular service. The Department of Transportation (DOT) shall study rural air services and infrastructure for Ontario (Oregon) Municipal Airport. DOT shall: make a grant for the construction or improvement of transportation systems facilitating the efficient movement of agricultural and other products through the Treasure Valley Intermodal Transfer Facility in the county; furnish financial assistance for projects that would improve the downtown area of the cities of the county, surrounding communities, and transportation within the cities; and make grants to the state to support Lake Owyhee road transportation improvement projects. The Department of Labor shall make grants for workforce development training activities in the county. USDA shall conduct a study on the need for an economic regional commission in specified counties in Oregon. The bill establishes the Southeastern Oregon Withdrawal Area, comprising 2.065 million acres of specified federal land in the county, which shall be withdrawn from certain public land, mining, and mineral leasing laws.

Southeastern Oregon Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Medical Education Equity Act''. SEC. 2. PAYMENT AMOUNT FOR DIRECT GRADUATE MEDICAL EDUCATION COSTS FOR CERTAIN HOSPITALS. Section 1886(h)(3) of the Social Security Act (42 U.S.C. 1395ww(h)(3)) is amended-- (1) in subparagraph (A), by striking ``The payment'' and inserting ``Subject to subparagraph (E), the payment''; and (2) by adding at the end the following new subparagraph: ``(E) Payment amount for certain hospitals.-- ``(i) In general.--Beginning on or after the date of enactment of this subparagraph, the payment amount for a qualified hospital (as defined in clause (ii)) for the hospital's cost reporting period beginning during the fiscal year that immediately follows the date on which the qualified hospital submits a letter of intent described in clause (iv) is equal to the product of-- ``(I) the aggregate approved amount (as defined in subparagraph (B)) for that period, and ``(II) the hospital's Medicaid inpatient utilization rate (as defined in section 1923(b)(2)) for that period. ``(ii) Qualified hospital defined.--In this subparagraph, the term `qualified hospital' means, with respect to a hospital cost reporting period, a hospital that-- ``(I) is determined by the Secretary to meet the requirements described in clause (iii) for the preceding hospital cost reporting period; and ``(II) submits to the Secretary a letter of intent described in clause (iv) as part of its annual cost report for such preceding period. ``(iii) Requirements described.--With respect to a qualified hospital, the following requirements are described in this clause: ``(I) The hospital has a participation agreement under this title. ``(II) The hospital has an approved medical residency training program (as defined in paragraph (5)(A)). ``(III) With respect to the hospital cost reporting period involved, the aggregate Medicare fee- for-service and managed care inpatient load of the hospital does not exceed 10 percent of the total inpatient days of the hospital. ``(IV) With respect to such period, the hospital does not receive payments for graduate medical education under either of the following: ``(aa) A State plan under title XIX. ``(bb) The Children's Hospitals Graduate Medical Education Payment Program under section 340E of the Public Health Service Act. ``(iv) Letter of intent described.--Not later than 6 months after the date of enactment of this subparagraph, the Secretary shall make available a model letter of intent on the Internet website of the Centers for Medicare & Medicaid Services. Such letter shall require the following information with respect to a hospital for the hospital cost reporting period involved: ``(I) A statement of intent for the hospital to be a qualified hospital under this subparagraph. ``(II) An attestation that the hospital does not receive payments for graduate medical education under a State plan under title XIX. ``(v) Failure to meet requirements.--If a hospital does not meet one or more of the requirements described in clause (iii), the Secretary shall notify the hospital in writing not later than 60 days following the receipt of the hospital's letter of intent. ``(vi) Ensuring no duplicate payments.-- With respect to a qualified hospital, the payment amount under this subparagraph for a hospital cost reporting period shall be in lieu of any other payment amount that would otherwise be applicable for direct graduate medical education costs for such period under this subsection.''.

Graduate Medical Education Equity Act This bill amends title XVIII (Medicare) of the Social Security Act to allow a qualified hospital to have its payment amount for direct graduation medical education costs calculated on the basis of its Medicaid inpatient utilization rate rather than on the basis of its Medicare patient load.

Graduate Medical Education Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment for All Act of 2017''. SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES. (a) Prohibition for Employment and Adverse Action.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended-- (1) in subsection (a)(3)(B), by inserting ``within the restrictions set forth in subsection (b)'' after ``purposes''; (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (3) by inserting after subsection (a) the following new subsection: ``(b) Use of Certain Consumer Report Prohibited for Employment Purposes or Adverse Action.-- ``(1) General prohibition.--Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the creditworthiness, credit standing, or credit capacity of the consumer-- ``(A) for employment purposes; or ``(B) for making an adverse action, as described in section 603(k)(1)(B)(ii). ``(2) Source of consumer report irrelevant.--The prohibition described in paragraph (1) shall apply even if the consumer consents or otherwise authorizes the procurement or use of a consumer report for employment purposes or in connection with an adverse action with respect to the consumer. ``(3) Exceptions.--Notwithstanding the prohibitions set forth in this subsection, and consistent with the other sections of this Act, an employer may use a consumer report with respect to a consumer in the following situations: ``(A) When the consumer applies for, or currently holds, employment that requires national security clearance. ``(B) When otherwise required by law. ``(4) Effect on disclosure and notification requirements.-- The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report for employment purposes or for making an adverse action against the consumer.''. (b) Conforming Amendments and Cross References.--The Fair Credit Reporting Act is further amended as follows: (1) In section 603 (15 U.S.C. 1681a)-- (A) in subsection (d)(3), by striking ``604(g)(3)'' and inserting ``604(h)(3)''; and (B) in subsection (o), by striking ``A'' and inserting ``Subject to the restrictions set forth in subsection 604(b), a''. (2) In section 604 (15 U.S.C. 1681b)-- (A) in subsection (a), by striking ``subsection (c)'' and inserting ``subsection (d)''; (B) in subsection (c), as redesignated by subsection (a)(2) of this section-- (i) in paragraph (2)(A), by inserting ``and subject to the restrictions set forth in subsection (b)'' after ``subparagraph (B)''; and (ii) in paragraph (3)(A), by inserting ``and subject to the restrictions set forth in subsection (b)'' after ``subparagraph (B)''; (C) in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking ``subsection (e)'' in both places that term appears and inserting ``subsection (f)''; and (D) in subsection (f), as redesignated by subsection (a)(2) of this section-- (i) in paragraph (1), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''; and (ii) in paragraph (5), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''. (3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''. (4) In section 609 (15 U.S.C. 1681g)-- (A) in subsection (a)(3)(C)(i), by striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''; and (B) in subsection (a)(3)(C)(ii), by striking ``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''. (5) In section 613(b) (15 U.S.C. 1681k(b)) by striking section ``604(b)(4)(A)'' and inserting ``section 604(c)(4)(A)''. (6) In section 615 (15 U.S.C. 1681m)-- (A) in subsection (d)(1), by striking ``section 604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)''; (B) in subsection (d)(1)(E), by striking ``section 604(e)'' and inserting ``section 604(f)''; and (C) in subsection (d)(2)(A), by striking ``section 604(e)'' and inserting ``section 604(f)''.

Equal Employment for All Act of 2017 This bill amends the Fair Credit Reporting Act to prohibit an employer from using a consumer report containing credit information for either employment purposes or for making an adverse employment action. The bill makes exceptions to the prohibition when: (1) the consumer applies for, or currently holds, employment that requires a national security clearance, or (2) a consumer report is otherwise required by law.

Equal Employment for All Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Washington Boyhood Home Commemorative Coin Act of 1994''. 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 500,000 one-dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of a profile of George Washington and a depiction of his boyhood home, commonly referred to as the ``Ferry Farm'', on the Stafford County banks of the Rappahannock River opposite the city of Fredericksburg, Virginia. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1996'', 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. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. Subject to section 2(a)(2), the design for the coins authorized by this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act during the period beginning on January 1, 1996, and ending on December 31, 1996. 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 $12 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the George Washington Boyhood Home Foundation for the purpose of restoring, preserving, and developing the boyhood home of America's first President. 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 George Washington Boyhood Home Foundation as may be related to the expenditures of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.

George Washington Boyhood Home Commemorative Coin Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Advantage Bill of Rights Act of 2015''. SEC. 2. LIMITATION ON REMOVAL OF MEDICARE ADVANTAGE PROVIDERS BY MA ORGANIZATIONS. (a) Limitation.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended by adding at the end the following: ``(7) Limitation on removal of providers from ma plans by ma organizations.-- ``(A) Removal of providers with cause.--Beginning with plan year 2017, except as provided in subparagraph (C), an MA organization offering an MA plan may only remove a provider of services or a supplier from a network of such plan if the organization has cause to remove such provider or supplier. ``(B) Cause to remove providers.-- ``(i) In general.--An MA organization offering an MA plan has cause to remove a provider of services or a supplier from a network of such plan if the Secretary determines that the provider or supplier is-- ``(I) medically negligent; ``(II) in violation of any legal or contractual requirement applicable to the provider or supplier acting within the lawful scope of practice, including any participation or other requirement applicable to such provider or supplier under this title or under any contractual term for such plan; or ``(III) otherwise unfit to furnish items and services in accordance with requirements of this title. ``(ii) Consideration of cost to ma organizations.--For purposes of subparagraph (A), cost to an MA organization offering an MA plan due to the participation of a provider of services or supplier in a network of such plan does not constitute cause for the MA organization to remove such provider or supplier from the network mid-year, and such cost may not be considered as a factor in favor of a determination that such organization has cause to remove the provider. ``(C) Exception.--With respect to each upcoming plan year, beginning with plan year 2017, an MA organization offering an MA plan may only remove a provider of services or supplier from a network of such plan for reasons not specified in subparagraph (B)(i) before the date that is 60 days before the first day of the annual coordinated election period for such plan year under section 1851(e)(3). ``(D) Notice and appeal process.-- ``(i) In general.--Any removal of a provider of services or supplier from a network of an MA plan may occur only after the completion of a fair notice and appeal process that the Secretary shall establish by regulation. Such process shall require the MA organization to provide to such provider or supplier and to the Secretary an explanation of the reason or reasons for the removal. ``(ii) Application.-- ``(I) Application of new process.-- In the case of a removal of a provider of services or supplier from a network of an MA plan occurring on or after the effective date published in a final rule for such fair notice and appeal process, such process shall apply in lieu of the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations. ``(II) Continuation of old process.--In the case of a removal of a provider of services or supplier from a network of an MA plan occurring before such effective date, the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations, shall apply. ``(E) Participant notice and protection.-- ``(i) Notice to participants of provider removal.--Not less than 60 days before the date on which a provider of services or supplier is removed from a network of an MA plan, the MA organization offering such plan shall provide written notification of the removal to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. Such notification shall include at the minimum-- ``(I) the names and telephone numbers of available in-network providers of services and suppliers offering items and services that are the same or similar to the items and services offered by the removed provider or supplier; ``(II) information regarding the options available to an individual enrolled in such plan to request the continuation of medical treatment or therapy with the removed provider or supplier; and ``(III) one or more customer service telephone numbers that an individual enrolled in such plan may access to obtain information regarding changes to the network of the plan. ``(ii) Annual notice of change.--In addition to providing the notification of removal as required under clause (i), the MA organization offering such MA plan shall include such notification in the annual notice of change for the MA plan for the upcoming plan year. ``(iii) Continuity of care.--In any case in which a provider of services or supplier is removed from a network of an MA plan, such plan shall ensure that the removal satisfies the continuity of care requirements under paragraph (1)(A) with respect to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. ``(F) Rule of construction.--Nothing in this paragraph shall be construed as affecting the ability of a provider of services or supplier to decline to participate in a network of an MA plan. ``(8) Transparency in measures used by ma organizations to establish or modify provider networks.-- ``(A) In general.--Beginning with plan year 2017, an MA organization offering an MA plan shall include the information described in subparagraph (B)-- ``(i) in the annual bid information submitted by the MA organization with respect to the MA plan under section 1854; and ``(ii) on the Internet Web site for the MA plan. ``(B) Information described.--The information described in this subparagraph is the following: ``(i) Information regarding the measures used by the MA organization to establish or modify the provider network of the MA plan, including measures of the quality and efficiency of providers. Such information shall include the specifications, methodology, and sample size of such measures. ``(ii) Other information related to the establishment or modification of such provider network that the Secretary determines appropriate. ``(C) Limitation.--The information described in subparagraph (B) shall not include any individually identifiable information of any provider or supplier of services.''. (b) Enforcement.-- (1) Sanctions for noncompliance.--Section 1857(g)(1) of the Social Security Act (42 U.S.C. 1395w-27(g)(1)) is amended-- (A) in subparagraph (J), by striking ``or''; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following new subparagraph: ``(K) fails to comply with section 1852(d)(7) or 1852(d)(8); or''; and (D) in subparagraph (L) (as so redesignated), by striking ``through (J)'' and inserting ``through (K)''. (2) Sanctions not applicable to part d.--Title XVIII of the Social Security Act is amended-- (A) in section 1860D-12(b)(3)(E) (42 U.S.C. 1395w- 112(b)(3)(E)), by striking ``paragraph (1)(F)'' and inserting ``paragraphs (1)(F) and (1)(K)''; and (B) in section 1894(e)(6)(B) (42 U.S.C. 1395eee(e)(6)(B)), by inserting ``(other than paragraph (1)(K) of such section)'' after ``1857(g)(1)''. (c) Medicare Advantage Plan Compare Tool.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall take such measures as are necessary to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals. SEC. 3. NETWORK ADEQUACY. (a) In General.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)), as amended by section 2, is amended by adding at the end the following: ``(9) Network adequacy requirements.--Beginning in plan year 2017, notwithstanding any other provision of law, the following shall apply: ``(A) Provider availability.--When establishing a plan network, a Medicare Advantage organization offering an MA plan shall, among other factors determined by the Secretary, consider the following: ``(i) The anticipated enrollment in the plan. ``(ii) The expected types of services provided and utilization of services by enrollees under the plan. ``(iii) The number and types of providers needed to provide such services. ``(iv) The number of network providers who are not accepting new patients. ``(v) The location of providers and enrollees. ``(vi) The full time equivalent availability of a provider to provide such services. ``(B) Provision of care in a timely manner.--A Medicare Advantage organization offering an MA plan shall ensure that providers are able to provide services in a timely manner, as defined by the Secretary, under the plan. ``(C) Application of network access adequacy standards.--In applying the network access adequacy standards pursuant to paragraph (1), the Secretary shall seek input from patient advocacy groups, providers of services and suppliers, and MA plans under this part. ``(D) Certification.--Each plan year, a Medicare Advantage organization shall certify to the Secretary, with respect to each MA plan offered by the organization, that the providers, including specialists and subspecialists, in the plan network are able to provide the services required under the organization's contract with the Secretary under section 1857 with respect to the offering of such plan and to meet the needs of the enrollees within the plan service area during the year. ``(E) Annual reporting.--Each plan year, a Medicare Advantage organization shall report to the Secretary the following with respect to each MA plan offered by the organization: ``(i) Average wait time.--The average wait time for primary and specialty care for enrollees under the plan. ``(ii) Utilization of out-of-network providers.--The utilization of out-of-network providers under the plan. ``(iii) Average cost per patient.--The average annual spending per patient for primary and specialty care for enrollees under the plan. ``(F) Certification.--In advance of the annual, coordinated election period under section 1851(e)(3), a Medicare Advantage organization shall certify to the Secretary the accuracy of provider directories for each plan offered by the organization. ``(G) Network review.--The Secretary shall ensure that the network of each MA plan offered by a Medicare Advantage organization meets the network adequacy guidelines established under this paragraph and under section 422.112(a)(4) of title 42, Code of Federal Regulations (or any successor regulation to such section), at least once every 3 years or when a material change in network occurs.''. (b) Enforcement.--Section 1857(g)(1)(K) of the Social Security Act (42 U.S.C. 1395w-27(g)(1)(K)), as added by section 2(b), is amended by striking ``or 1852(d)(8)'' and inserting ``, 1852(d)(8), or 1852(d)(9)''.

Medicare Advantage Bill of Rights Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to establish limits on the removal of Medicare Advantage (MA) providers by MA organizations. Within 60 days before the first day of the annual coordinated election period for an MA plan, an MA organization may remove a provider from the plan only if the provider is: (1) medically negligent, (2) in violation of a legal or contractual requirement, or (3) otherwise unfit to furnish items and services as required. An MA organization may remove a provider from an MA plan only after the completion of a fair notice and appeal process. Additionally, the MA organization must: (1) provide written notification of the removal to each enrollee receiving items or services from the provider, and (2) ensure that the removal satisfies certain continuity of care requirements. The bill also establishes network adequacy requirements. Specifically, when establishing a plan network, an MA organization shall consider specified factors related to provider availability and the timely provision of care. Furthermore, an MA organization must annually certify to the Centers for Medicare & Medicaid Services that providers in each of its plan networks are able to provide services and meet enrollees' needs as required. Sanctions for noncompliance with the bill's requirements apply.

Medicare Advantage Bill of Rights Act of 2015

SECTION 1. LEVELS OF PARTICIPATION. Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended-- (1) in paragraph (i) by striking ``$100,000'' and inserting ``$150,000''; and (2) in paragraph (ii) by striking ``$100,000'' and inserting ``$150,000''. SEC. 2. LOAN AMOUNTS. Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$750,000,'' and inserting, ``$1,000,000 (or if the gross loan amount would exceed $2,000,000),''. SEC. 3. INTEREST ON DEFAULTED LOANS. Subparagraph (B) of section 7(a)(4) of the Small Business Act (15 U.S.C. 636(a)(4)) is amended by adding at the end the following: ``(iii) Applicability.--Clauses (i) and (ii) shall not apply to loans made on or after October 1, 1999.''. SEC. 4. PREPAYMENT OF LOANS. (a) In General.--Section 7(a)(4) of the Small Business Act (15 U.S.C. 636(a)(4)) is amended-- (1) by striking ``(4) Interest rates and fees.--'' and inserting ``(4) Interest rates and prepayment charges.--''; and (2) by adding at the end the following: ``(C) Prepayment charges.-- ``(i) In general.--A borrower who prepays any loan guaranteed under this subsection shall remit to the Administration a subsidy recoupment fee calculated in accordance with clause (ii) if-- ``(I) the loan is for a term of not less than 15 years; ``(II) the prepayment is voluntary; ``(III) the amount of prepayment in any calendar year is more than 25 percent of the outstanding balance of the loan; and ``(IV) the prepayment is made within the first 3 years after disbursement of the loan proceeds. ``(ii) Subsidy recoupment fee.--The subsidy recoupment fee charged under clause (i) shall be-- ``(I) 5 percent of the amount of prepayment, if the borrower prepays during the first year after disbursement; ``(II) 3 percent of the amount of prepayment, if the borrower prepays during the second year after disbursement; and ``(III) 1 percent of the amount of prepayment, if the borrower prepays during the third year after disbursement.''. SEC. 5. GUARANTEE FEES. Section 7(a)(18)(B) of the Small Business Act (15 U.S.C. 636(a)(18)(B)) is amended to read as follows: ``(B) Exception for certain loans.-- ``(i) In general.--Notwithstanding subparagraph (A), if the total deferred participation share of a loan guaranteed under this subsection is less than or equal to $120,000, the guarantee fee collected under subparagraph (A) shall be in an amount equal to 2 percent of the total deferred participation share of the loan. ``(ii) Retention of fees.--Lenders participating in the programs established under this subsection may retain not more than 25 percent of the fee collected in accordance with this subparagraph with respect to any loan not exceeding $150,000 in gross loan amount.''. SEC. 6. LEASE TERMS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is further amended by adding at the end the following: ``(28) Leasing.--In addition to such other lease arrangements as may be authorized by the Administration, a borrower may permanently lease to one or more tenants not more than 20 percent of any property constructed with the proceeds of a loan guaranteed under this subsection, if the borrower permanently occupies and uses not less than 60 percent of the total business space in the property.''. Passed the House of Representatives August 2, 1999. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Amends the Small Business Act to authorize the Small Business Administration (SBA) to guarantee a general business loan made by a bank or other financial institution to a small business in the amount of: (1) 75 percent of the outstanding balance of such loan, if such balance exceeds $150,000 (currently $100,000); and (2) 80 percent of the outstanding balance of less than $150,000 (also currently $100,000). Prohibits any such loan from being made to a borrower if the total amount outstanding and committed to the borrower from the business loan and SBA investment funds would exceed $1 million (currently $750,000). Makes current provisions requiring the payment of accrued interest on defaulted guaranteed loans inapplicable to loans made on or after October 1, 1999. Requires a borrower who prepays any loan guaranteed by the SBA to remit to the SBA a subsidy recoupment fee (calculated under this Act) if: (1) the loan is for a period of less than 15 years; (2) the prepayment is voluntary; (3) the amount of prepayment in any calendar year is more than 25 percent of the outstanding loan balance; and (4) the prepayment is made within the first three years after disbursement of the loan proceeds. Revises loan guarantee fee amounts. Authorizes lenders participating in an SBA program to retain no more than 25 percent of such fee with respect to any loan not exceeding $150,000. Authorizes a borrower to permanently lease to one or more tenants not more than 20 percent of any property constructed using guaranteed loan proceeds, as long as the borrower permanently occupies and uses not less than 60 percent of the total business space in the property.

To amend the Small Business Act to make improvements to the general business loan program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting American Agricultural and Medical Exports to Cuba Act of 2007''. SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(4) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) 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: ``(C) the term `payment of cash in advance' means, notwithstanding any other provision of law, the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to-- ``(i) the transfer of title of such commodity or product to the purchaser; and ``(ii) the release of control of such commodity or product to the purchaser.''. SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) In General.--Notwithstanding any other provision of law, the President may not restrict direct transfers from a Cuban depository institution to a United States depository institution executed in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Depository Institution Defined.--In this section, the term ``depository institution'' means any entity that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or bank holding company). SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH RESPECT TO CUBA. (a) In General.--The Secretary of Agriculture shall establish a program to provide information and technical assistance to United States agricultural producers, cooperative organizations, or state agencies that promote the sale of agricultural commodities, in order to promote and facilitate United States exports of agricultural products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. (b) Technical Assistance to Facilitate Exports.--The Secretary shall maintain on the website of the Department of Agriculture information to assist exporters and potential exporters of United States agricultural commodities with respect to Cuba. (c) Authorization of Funds.--The Secretary is authorized to expend such sums as may be available in the Agricultural Export Promotion Trust Fund established under section 9511 of the Internal Revenue Code of 1986 (as added by section 9(b) of this Act). SEC. 5. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) Issuance of Visas.--Notwithstanding any other provision of law, in the case of a Cuban national whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing United States agricultural goods under the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000, a consular officer (as defined in section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to the national, if the national is not inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182). (b) Periodic Reports.-- (1) In general.--Not later than 45 days after the date of enactment of this Act and every 3 months thereafter the Secretary of State shall submit to the Committees on Finance, Agriculture, Nutrition, and Forestry, and Foreign Relations of the Senate and the Committees on Agriculture, Ways and Means, and Foreign Affairs of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports.--Each report shall contain a full description of each application received from a Cuban national to travel to the United States to engage in purchasing activities pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 and shall describe the disposition of each such application. SEC. 6. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION OF INTELLECTUAL PROPERTY. (a) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277; 112 Stat. 2681- 88), is repealed. (b) Regulations.--The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by paragraph (1), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act), applied. (c) Further Regulations.-- (1) In general.--The Secretary of the Treasury shall amend part 515 of title 31, Code of Federal Regulations (the Cuban assets control regulations), to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. (2) Designated national defined.--In this subsection, the term ``designated national'' has the meaning given the term in subsection (d)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act). SEC. 7. TRAVEL TO CUBA. (a) Freedom of Travel for United States Citizens and Legal Residents.--Subject to subsection (c), the President shall not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel that are set forth in subsection (b). The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such travel or transactions. (b) Transactions Incident to Travel.--The transactions referred to in subsection (a) are-- (1) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (2) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (3) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (4) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (5) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; except that this section does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba. (c) Exception.--The restrictions on authority contained in subsection (a) do not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States citizens or legal residents. (d) Applicability.--This section applies to actions taken by the President before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken on or after such date of enactment. (e) Inapplicability of Other Provisions.--This section applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)). SEC. 8. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA. (a) Repeal of Requirement for Onsite Verifications.--Section 1705 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by striking subsection (d). (b) Rule of Construction.--Nothing in the amendment made by subsection (a) shall be construed to restrict the authority of the President to-- (1) impose export controls with respect to the export of medicines or medical devices under sections 5 or 6 of the Export Administration Act of 1979; or (2) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. SEC. 9. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION TRUST FUND. (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the Internal Revenue Code of 1986 (relating to use of international travel facilities) is amended by adding at the end the following new paragraph: ``(4) Special rule for cuba.--In any case in which the tax imposed by paragraph (1) applies to transportation beginning or ending in Cuba before January 1, 2013, such tax shall be increased by $1.00.''. (b) Agricultural Export Promotion Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. AGRICULTURAL EXPORT PROMOTION 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 `Agricultural Export Promotion 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 Agricultural Export Promotion Trust Fund amounts equivalent to the taxes received in the Treasury by reason of section 4261(c)(4). ``(c) Expenditures.--Amounts in the Agricultural Export Promotion Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to the Office of the Secretary of Agriculture for the purposes set out in section 4 of the Promoting American Agricultural and Medical Exports to Cuba Act of 2007.''. (2) Conforming amendment.--Subparagraph (B) of section 9502(b)(1) of such Code is amended by inserting ``(other than by reason of subsection (c)(4) thereof)'' after ``sections 4261''. (3) Clerical amendment.--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. 9511. Agricultural Export Promotion Trust Fund.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to transportation beginning after the 90-day period beginning on the date of the enactment of this Act, except that such amendment shall not apply to amounts paid before the end of such period.

Promoting American Agricultural and Medical Exports to Cuba Act of 2007 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba. Authorizes the issuance of temporary entry visas to Cuban nationals to facilitate purchase of U.S. agricultural products. Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer. Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions ordinarily incident to such travel, and any regulation restricting or prohibiting such travel shall have no effect, relating to: (1) accompanied personal baggage; (2) payment of living expenses and the acquisition of personal-use goods or services; (3) travel arrangements; (4) nonscheduled air, sea, or land voyage transactions, (such provision does not permit the carriage of articles other than accompanied baggage into Cuba or the United States); and (5) normal banking transactions. States that such provision shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. travelers. Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba. Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund.

To facilitate the export of United States agricultural products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by United States legal residents, to establish an agricultural export promotion program with respect to Cuba, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen and Community Preparedness Act of 2008''. SEC. 2. COMMUNITY PREPAREDNESS DIVISION. (a) Establishment of Community Preparedness Division.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``TITLE XXI--DOMESTIC PREPAREDNESS AND COLLECTIVE RESPONSE TO TERRORISM AND OTHER EMERGENCIES ``SEC. 2101. COMMUNITY PREPAREDNESS DIVISION. ``(a) In General.--There is in the Department a Community Preparedness Division. ``(b) Director.--The Community Preparedness Division shall be headed by a Director, who shall be appointed by the Secretary. ``(c) Responsibilities.--The Director of the Community Preparedness Division, shall have the primary responsibility within the Department for assisting the efforts of State, local, and tribal governments in preparing citizens in the United States for acts of terrorism and other emergencies, including primary responsibility for each of the following: ``(1) Administration of the Citizen Corps Program under section 2102. ``(2) Supporting public and community preparedness efforts. ``(3) Serving as the principal advisor to the Secretary of Homeland Security on public and community preparedness issues. ``(4) Providing Citizen Corps Councils with tools, information, and technical assistance to connect local and national citizen preparedness efforts. ``(5) Establishing specialized preparedness programs for underserved populations under subsection (d). ``(6) Ensuring coordination with, and leveraging to the greatest extent feasible, efforts by private sector entities, faith-based groups, research and educational institutions, other nongovernmental organizations, including such organizations that work with the disabled and others with special needs, and emergency response provider organizations to promote citizen preparedness and participation. ``(7) Assisting in the implementation of national strategies for public and community preparedness, including the development of individual preparedness skills and capabilities, assembling preparedness kits, developing emergency communications plans, training in basic first aid, and learning how to react to a variety of emergencies, including an act of terrorism involving chemical, biological, radiological, or nuclear weapons, and natural disasters, including hurricanes, floods, earthquakes, and tsunamis. ``(8) Establishing and maintaining a community preparedness resource center to compile and disseminate best practices of citizen preparedness programs. ``(d) Underserved Populations.--In carrying out the responsibilities under this section, the Director shall consider the unique preparedness challenges faced by-- ``(1) persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; ``(2) socially and economically disadvantaged households and communities; ``(3) the elderly; ``(4) children; and ``(5) individuals with pets or service animals. ``SEC. 2102. CITIZEN CORPS PROGRAM. ``(a) Establishment.--There is in the Community Preparedness Division a Citizen Corps Program, through which the Secretary shall bring community and government leaders together to coordinate and leverage efforts to strengthen community involvement in emergency preparedness, planning, mitigation, response, and recovery for acts of terrorism and natural disasters. ``(b) Grant Program.-- ``(1) In general.--As part of the Citizen Corps Program, the Secretary shall carry out a grant program to make grants to States. ``(2) Application.--To be eligible to receive a grant under this subsection, a State shall submit an application containing such information and assurances as the Secretary may require. ``(3) Use of funds.--A grant under this subsection may be used for any of the following purposes: ``(A) To form and sustain a State or local Citizen Corps Council. ``(B) To develop and implement educational programs for the public on both terrorism and natural disaster preparedness and volunteer responsibilities. ``(C) To develop and implement a plan or to amend an existing plan to facilitate citizen preparedness and participation. ``(D) To facilitate citizen participation in preparedness training and exercises. ``(E) To implement volunteer programs and activities to support emergency response providers. ``(4) Conditions of receipt of funds.--Each State that receives a grant under this subsection shall ensure that in carrying out any of the purposes under paragraph (3) outreach efforts extend, as appropriate, to-- ``(A) underserved populations specified in section 2101(d); ``(B) neighborhoods bordering critical infrastructure; ``(C) urban and rural communities; ``(D) border communities; and ``(E) faith-based and volunteer community service organizations. ``(c) Administration and Coordination.--As part of the Citizen Corps Program, the Secretary shall-- ``(1) administer-- ``(A) the Community Emergency Response Team Program under section 2103, or any successor thereto; and ``(B) the Fire Corps Program under section 2104, or any successor thereto; ``(2) coordinate with the Secretary of Health and Human Services in the administration of the Medical Reserve Corps, or any successor thereto, which is a program to educate and train citizens and medical professionals to assist with medical and public health outreach and administration before, during, and after acts of terrorism and other emergencies; and ``(3) coordinate with the Attorney General in the administration of-- ``(A) Neighborhood Watch, or any successor thereto, which is a program to provide information, training, and resources to citizens and law enforcement agencies throughout the country to identify potential terrorist activities and other threats; and ``(B) Volunteers In Police Services, or any successor thereto, which is a program to educate and train citizens to increase the capacity of volunteer State and local law enforcement officials to assist before, during, and after an act of terrorism or other emergency. ``(d) Cooperative Agreements With Non-Profit Entities.--The Secretary may enter into cooperative agreements with non-profit entities to enhance citizen preparedness and outreach programs that the Secretary has determined have a proven track record of success on a national or regional basis. ``(e) Reports to Congress.--Not later than one year after the date of the enactment of the Citizen and Community Preparedness Act of 2008, and every two years thereafter, the Director of the Community Preparedness Division shall submit to Congress a report that evaluates the management and effectiveness of the Fire Corps Program under section 2104 and the Community Emergency Response Team Program under section 2103. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $30,000,000 for fiscal year 2009; ``(2) $35,000,000 for fiscal year 2010; ``(3) $40,000,000 for fiscal year 2011; ``(4) $45,000,000 for fiscal year 2012; and ``(5) $50,000,000 for fiscal year 2013. ``SEC. 2103. COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM. ``(a) Establishment.--There is in the Community Preparedness Division a Community Emergency Response Team Program, through which the Secretary shall educate citizens about preparedness and mitigation and train citizens in basic response skills, including fire safety, light search and rescue, and medical operations in preparation for acts of terrorism and other emergencies. ``(b) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 2102(f) for any fiscal year, $1,750,000 is authorized to carry out this section. ``SEC. 2104. FIRE CORPS PROGRAM. ``(a) Establishment.--There is in the Community Preparedness Division a Fire Corps Program, through which the Secretary shall facilitate the use of volunteers in non-emergency roles at fire and rescue departments to better prepare local communities to respond to acts of terrorism and other emergencies. ``(d) Fire Corps Advisory Committee.-- ``(1) Establishment.--The Secretary shall establish an advisory committee to be known as the `Fire Corps Advisory Committee' (hereinafter referred to in this section as the `Committee') to provide guidance and assistance to the Secretary in carrying out the Fire Corps Program. ``(2) Membership.--The members of the Committee shall be appointed by the Secretary and shall include-- ``(A) representatives of fire and emergency service organizations; ``(B) representatives of the United States Fire Administration; and ``(C) other individuals that the Secretary determines are appropriate. ``(3) Terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years. ``(4) Applicability of federal advisory committee act.-- Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(h) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 2102(g)(1) for any fiscal year, $1,500,000 is authorized to carry out this section. ``SEC. 2105. NATIONAL CITIZEN CORPS COUNCIL. ``(a) Establishment.--There is in the Community Preparedness Division a National Citizen Corps Council. ``(b) Membership.--The members of the Council shall be national leaders of organizations and associations representing emergency response providers, community and volunteer services providers, government officials, the private sector, and underserved populations described in section 2101(d) and shall be appointed by the Secretary. The Secretary shall determine the number of members of the Council. ``(c) Responsibilities.--The responsibilities of the Council are as follows: ``(1) To facilitate cooperation at the national level in support of the Citizen Corps Program under section 2102. ``(2) To identify opportunities for Federal, State, local, and tribal organizations to collaborate to accomplish the shared goals of the Citizen Corps Program. ``(3) To encourage the development and support of State and local Citizen Corps Councils. ``(4) To exchange facts and information regarding programs to promote citizen preparedness, public awareness, and volunteer service opportunities. ``(d) Meetings.--The Secretary or a designee shall convene meetings of the National Citizen Corps Council at the discretion of the Secretary but not less than annually. ``SEC. 2106. PUBLIC AFFAIRS CAMPAIGN. ``(a) Establishment.--The Secretary shall carry out a public affairs campaign using various media outlets that is designed to assist citizens in preparing for an act of terrorism or other emergency. ``(b) Information Dissemination.--The campaign shall-- ``(1) utilize a broad spectrum of both mainstream and specialty print, radio and television outlets; and ``(2) disseminate information to underserved communities specified in section 2101(d). ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2009 through 2013. ``SEC. 2107. PILOT PROGRAM TO ENHANCE CITIZEN PREPAREDNESS AT EDUCATIONAL INSTITUTIONS. ``(a) In General.--Not later than 90 days after the date of the enactment of the Citizen and Community Preparedness Act of 2008, the Secretary shall commence a pilot program to enhance citizen preparedness at primary and secondary schools and on university and college campuses by providing training, exercises, and public awareness campaigns. ``(b) Selection of Educational Institutions.--The Secretary shall select at least three primary and secondary schools and at least three colleges and universities to participate in the pilot program required under subsection (a). At each school, college, and university selected by the Secretary, the Secretary shall develop and implement a program to prepare administrators, teachers, students, and parents for acts of terrorism and other emergencies. ``(c) Selection Criteria.--In selecting educational institutions under subsection (b) to participate in the pilot program required under subsection (a), the Secretary shall ensure the participation of educational institutions of varying sizes that represent a geographic (including urban and rural) cross section of the United States. The Secretary shall also ensure the participation of historically black colleges and universities, Hispanic-serving institutions, or Tribal colleges and universities. ``(d) Transfer of Information and Knowledge.--The Secretary shall establish mechanisms to ensure that the information and knowledge acquired by each participant in the pilot program are transferred to the other participants and other interested parties. ``(e) Report.--Not later than 6 months after the date on which the Secretary completes the pilot program under this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the pilot program under this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(g) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is two years after the date of the enactment of the Citizen and Community Preparedness Act of 2008. ``(h) Definitions.--For the purposes of this section: ``(1) The term `historically Black college or university' has the meaning given that term in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(2) The term `Hispanic-serving institution' has the meaning given that term in section 502(5) of such Act (20 U.S.C. 1101a(5)). ``(3) The term `Tribal College or University' has the meaning given that term in section 316 of such Act (20 U.S.C. 1059c(b)(3)).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following: ``TITLE XXI--DOMESTIC PREPAREDNESS AND COLLECTIVE RESPONSE TO TERRORISM AND OTHER EMERGENCIES ``Sec. 2101. Community Preparedness Division. ``Sec. 2102. Citizen Corps Program. ``Sec. 2103. Community Emergency Response Team Program. ``Sec. 2104. Fire Corps Program. ``Sec. 2105. National Citizen Corps Council. ``Sec. 2106. Public affairs campaign. ``Sec. 2107. Pilot program to enhance citizen preparedness at educational institutions.''. SEC. 3. REPORT TO CONGRESS. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report specifying the amount of grant funds awarded to each State under section 2102(b) of the Homeland Security Act of 2002, as added by section 2, and the purposes for which such funds were awarded.

Citizen and Community Preparedness Act of 2008 - Amends the Homeland Security Act of 2002 to establish: (1) a Community Preparedness Division in the Department of Homeland Security (DHS); and (2) a Citizen Corps Program in the Division, through which the Secretary of Homeland Security shall bring community and government leaders together to coordinate efforts to strengthen community involvement in emergency preparedness, planning, mitigation, response, and recovery for acts of terrorism and natural disasters. Gives the Director of that Division primary responsibility within DHS for assisting the efforts of state, local, and tribal governments in preparing citizens for emergencies. Requires the Director to consider the unique preparedness challenges faced by specified underserved populations, including persons with disabilities and limited English proficiency, socially and economically disadvantaged households, the elderly, children, and individuals with pets. Directs the Secretary to make grants to states to: (1) form and sustain a state or local Citizen Corps Council; and (2) develop and implement educational programs for the public on terrorism and natural disaster preparedness and volunteer responsibilities. Conditions receipt of funds by states on outreach efforts to underserved populations, neighborhoods bordering critical infrastructure, and specified communities and community service organizations. Establishes in the Division: (1) a Community Emergency Response Team Program; (2) a Fire Corps Program; and (3) a National Citizen Corps Council. Directs the Secretary to: (1) carry out a public affairs campaign; and (2) commence a pilot program to enhance citizen preparedness at primary and secondary schools and on university and college campuses.

To amend the Homeland Security Act of 2002 to establish the Community Preparedness Division of the Department of Homeland Security and the Citizen Corps Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Competition in Pharmaceuticals Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As part of the Food and Drug Administration's mission to protect the public health, the Food and Drug Administration approves generic drugs that help establish competitive markets for treatments that improve the lives of millions of patients in the United States. (2) Rising health care costs, including prescription drug costs, continue to be a major concern for patients in the United States. (3) Eighty-eight percent of prescription drugs dispensed in the United States, or nearly 9 out of every 10 prescriptions dispensed, are generic drugs. (4) Studies suggest that generic drugs account for only 28 percent of total prescription drug spending and were responsible for $1,680,000,000,000 in estimated savings over the period of 2005 to 2014. (5) Increasing generic competition can be an effective way to help keep prescription drug costs low for patients, the health care system, and Federal and State government. (6) Despite enactment of the Generic Drug User Fee Amendments of 2012 (21 U.S.C. 379j-41 et seq.), which was established to provide the Food and Drug Administration with industry funding to ensure a more consistent timeline for generic drug approvals, a significant backlog of abbreviated new drug applications for generic drugs remains. (7) The sudden, aggressive price hikes for a variety of recently acquired off-patent drugs that have been used widely for decades, for which there is no generic drug competitor, also affects access to affordable prescriptions for patients and the overall cost of health care in the United States. (8) Improving the review of abbreviated new drug applications and the approval of generic drugs would help to improve competition and lower prices for patients. (9) Establishing a clear timeframe for the Food and Drug Administration to expedite the review of certain applications for generic drugs would also help keep drug prices down and improve timely access for patients. TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION SEC. 101. IMPROVING GENERIC ACCESS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) The Secretary shall prioritize the review, and act not later than 150 calendar days after the date of the submission of an application, on an application that has been submitted for review under this subsection, or on a supplement to such an application, that is for a drug that-- ``(i) has been introduced into interstate commerce by not more than one manufacturer or sponsor, as applicable, in the last 3 months and with respect to which tentative approval under paragraph (5) has been granted for not more than 2 applications; or ``(ii) has been included on the list under section 506E. ``(B) The fees pursuant to section 744B(a)(3) shall be waived with respect to an application described in subparagraph (A), unless such application contains a certification under paragraph (2)(A)(vii)(IV). ``(C) The Secretary may expedite an inspection or reinspection under section 704 of an establishment that proposes to manufacture a drug described in subparagraph (A).''. SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS. Not later than 90 calendar days after the date of enactment of this Act, and every 90 calendar days thereafter until October 1, 2022, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that provides-- (1) the number of applications that were filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) prior to October 1, 2015, that are pending at the time the report is submitted; (2) the average and median total time such applications have been pending; (3) the number of such applications that contain certifications under section 505(j)(2)(A)(vii)(IV) of such Act; and (4) the number of such applications that are subject to priority review. TITLE II--INCENTIVIZING COMPETITION SEC. 201. GENERIC PRIORITY REVIEW VOUCHER. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506G the following: ``SEC. 506H. GENERIC PRIORITY REVIEW VOUCHER. ``(a) Definitions.--In this section: ``(1) The term `priority review' with respect to an application under section 505(j) means review and action by the Secretary on such application by the Secretary not later than 150 calendar days after such application has been submitted for review. ``(2) The term `priority review voucher' means a voucher for priority review for an application under section 505(j). Such voucher shall be awarded upon the approval of the application described in 505(j)(11)(A), unless such application contains a certification under subclauses (III) and (IV) of section 505(j)(2)(A)(vii). ``(b) Generic Priority Review Vouchers, in General.--The Secretary shall award a priority review voucher to the sponsor of an application described in 505(j)(11)(A) upon approval by the Secretary of such application. ``(c) Transferability.-- ``(1) In general.--The recipient of a priority review voucher under subsection (a) may transfer (including by sale) the entitlement to such voucher. There is no limit on the number of times a priority review voucher may be transferred before such voucher is used. ``(2) Notification to the secretary.--Each person to whom a voucher is transferred shall notify the Secretary of such change in ownership of such voucher not later than 30 calendar days after such transfer. ``(d) Notification.--The sponsor shall notify the Secretary not later than 30 calendar days prior to the submission of a human drug application that is intended to be the subject of a priority review voucher, except in the case of such an application that was pending as of October 1, 2015, in which case the sponsor of such pending application shall notify the Secretary not later than 30 days after the date on which such voucher is awarded. ``(e) Fees.--The sponsor of an application that is the subject of a priority review voucher shall be subject to the fees required under section 744A. ``(f) Clarification.--Nothing in this section affects any period of exclusivity under this Act or the protection of any patent. ``(g) Revocation.--The Secretary may revoke any priority review voucher awarded under subsection (b) if the drug for which such voucher was awarded is not marketed in the United States within the 365-day period beginning on the date of the approval of such drug. ``(h) Sunset.--The authority of the Secretary to carry out the generic priority review voucher program under this section shall terminate on October 1, 2022.''. SEC. 202. TROPICAL DISEASE PRODUCT APPLICATION. Section 524(a)(4)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360n(a)(4)(A)) is amended-- (1) in clause (i), by striking ``and''; (2) in clause (ii), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(iii) that contains reports of new clinical investigations (other than bioavailability studies) essential to the approval of the application and conducted or sponsored by the applicant;''. TITLE III--STUDY ON REMS SEC. 301. STUDY ON REMS. (a) In General.--The Comptroller General shall conduct a review of the implementation and effectiveness of section 505-1 of the Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) (referred to in this section as the ``REMS program''), which section-- (1) authorizes the Secretary of Health and Human Services to require a risk evaluation and mitigation strategy (referred to in this section as ``REMS''); and (2) codifies and expands regulations issued by the Food and Drug Administration under which the Food and Drug Administration may impose restrictions on distribution necessary to ensure a drug is safely used. (b) Contents of Study.--In conducting the review under subsection (a), the Comptroller General shall examine each relevant element described in subsection (c) with respect to each of the following categories: (1) New drug applications under subsection (b) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). (2) Abbreviated new drug applications under subsection (j) of such section. (3) Applications for the license of a biological product under section 351 of the Public Health Service Act (42 U.S.C. 262). (4) Single, shared system REMS, as described in section 505-1(i) of the Food, Drug, and Cosmetic Act (21 U.S.C. 355- 1(i)). (5) Controlled substances as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (6) RISKMAPs or other risk management processes employed by the Food and Drug Administration. (c) Elements Under Review.--In conducting the review under subsection (a), the Comptroller General shall examine each of the following elements with respect to each relevant category described in subsection (b). (1) For each type of application, and by year, the number of REMS required, submitted, voluntarily submitted, modified, added, approved, or removed, and whether those REMS included elements to assure safe use, such as restricted distribution. (2) For each type of application, the number of REMS in effect at the time of the review and the number of years that each such REMS has been in effect at such time. (3) If and how the REMS program has improved drug safety, as compared to the time before the REMS program became effective, and how the Food and Drug Administration tracks such improvements. (4) The burdens associated with REMS, including burdens on patients, health care providers, generic drug manufacturers, and brand drug manufacturers. (5) In the case of a REMS program for a drug containing a controlled substance, the coordination between the Food and Drug Administration and the Drug Enforcement Administration. (6) The impact of additional risk mitigation strategies, including non-REMS restricted distribution systems, imposed by companies outside of what is required under the REMS program. (7) The standards and policies applied by the Food and Drug Administration to require, modify, add, or remove, a REMS, and how those standards and policies have changed since the REMS program became effective. (d) Report.--Not later than May 1, 2018, the Comptroller General shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Energy and Commerce of the House of Representatives, containing the results of the review described in this section.

Increasing Competition in Pharmaceuticals Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding review and approval of generic drug applications or supplements to generic drug applications for drugs: (1) for which there is a shortage, or (2) that have not been recently introduced to the market by more than one manufacturer and for which tentative approval has not been granted to more than two applications. The Food and Drug Administration (FDA) must prioritize the review of such submissions and act on them within 150 days. User fees are waived for such an application unless the drug is under patent. The FDA may expedite the inspection of a facility proposed to manufacture such a drug. The FDA must award a transferrable generic drug priority review voucher to the sponsor of such an application upon approval. A voucher may be used to have the FDA review and take action upon a generic drug application within 150 days of submission. The FDA may revoke a voucher awarded for a drug that is not marketed within one year of approval. This voucher program is terminated at the end of FY2022. The FDA must periodically report on generic drug applications filed before FY2016 that are still pending. For a new drug application to be eligible for a priority review voucher as a tropical disease product application, the application must include new, essential clinical investigations. The Government Accountability Office must study the FDA's program for drug risk evaluation and mitigation strategies.

Increasing Competition in Pharmaceuticals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Improvement and Flexibility Act of 2004''. SEC. 2. AMENDMENTS TO ESEA. (a) Assessments and Adequate Yearly Progress.-- (1) Continuous growth model.--Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended to read as follows: ``(iii) results in continuous and substantial academic improvement for all students as demonstrated by measures of students' progress toward proficiency, including longitudinal growth at the student level or student cohort level;''. (2) Data averaging.--Clause (iii) of section 1111(b)(2)(J) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by inserting ``or other means that increase the stability of school-building results from year to year'' after ``school''. (3) Same subgroup, same subject.--Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended-- (A) in paragraph (1)(A), by striking ``that fails, for 2 consecutive years, to make adequate yearly progress'' and inserting ``in which the same group of students described in section 1111(b)(2)(C)(v) fails in the same subject, for 2 consecutive years, to make adequate yearly progress''; (B) in paragraph (5), by striking ``that fails to make adequate yearly progress'' and inserting ``that fails (with respect to the same group of students and the same subject described in paragraph (1)(A)) to make adequate yearly progress''; (C) in paragraph (7)(C), by striking ``that fails to make adequate yearly progress'' and inserting ``that fails (with respect to the same group of students and the same subject described in paragraph (1)(A)) to make adequate yearly progress''; and (D) in paragraph (8)(A), by striking ``to fail to make adequate yearly progress'' and inserting ``to fail (with respect to the same group of students and the same subject described in paragraph (1)(A)) to make adequate yearly progress''. (4) Multiple measures.--Paragraph (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended-- (A) in subparagraph (A)-- (i) by striking ``and'' at the end of clause (ii); (ii) by striking the period at the end of clause (iii) and inserting ``; and''; and (iii) by adding at the end the following: ``(iv) include with respect to each group of students described in subparagraph (C)(v) multiple measures of academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time.''; (B) in clause (iv) of subparagraph (C), by striking ``based primarily on the academic assessments described in paragraph (3)'' and inserting ``based primarily (but not more than 60 percent) on the academic assessments described in paragraph (3)''; and (C) by amending subparagraph (D) to read as follows: ``(D) Requirements for other indicators.--In carrying out subparagraphs (A), (B), and (C), the State shall ensure that-- ``(i) the indicators described in those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and ``(ii) schools identified for school improvement, corrective action, or restructuring are identified using multiple measures of assessing school performance.''. (5) Norm referenced assessments.--Clause (ii) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(3)(C)) is amended-- (A) by striking ``and'' before ``provide''; and (B) by inserting ``, be aligned with curriculum and instruction to adequately assess their effect on each content standard assessed, and include individual test items that, based on technical criteria, enable students to achieve the items if the students receive appropriate instruction'' before the semicolon at the end. (6) Exclusion of lep students from math assessments.-- Clause (ix) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(30(C)) is amended-- (A) in subclause (II), by striking ``and'' at the end; (B) in subclause (III)-- (i) by inserting ``subject to subclause (IV),'' before ``the inclusion of limited English proficient students''; and (ii) by adding ``and'' at the end; and (C) at the end of the clause, by adding the following: ``(IV) at the discretion of the State, the exclusion of limited English proficient students who have attended school in the United States for not more than 1 school year from the academic assessments of mathematics and reading or language arts;''. (b) Teacher Quality.-- (1) Highly qualified special education teachers.--Paragraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (A) in subparagraph (B)-- (i) in subclause (I), by inserting ``(except that a special education teacher may satisfy the requirements of this subclause by passing such a rigorous State academic subject test in special education or in any 1 subject that the teacher teaches if, with respect to each other academic subject in which the teacher teaches, the teacher works in collaboration with a teacher who is highly qualified in the subject)'' before the semicolon; and (ii) by striking ``and'' at the end of the subparagraph; (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following: ``(D) when used with respect to a special education elementary, middle, or secondary school teacher, means that the teacher holds at least a bachelor's degree and-- ``(i) has met the applicable standard in subparagraph (B) or (C); or ``(ii) has successfully completed an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing in special education.''. (2) Highly qualified elementary school teachers.--Section 9101(23)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(i)) is amended-- (A) by striking ``means that the teacher'' and inserting ``means that the teacher holds at least a bachelor's degree and''; and (B) by amending subclause (I) to read as follows: ``(I) has successfully completed a graduate degree, or advanced certification or credentialing; and''. (3) Portability of highly qualified status.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following: ``(4) Transferring teachers.-- ``(A) In general.--Subject to subparagraph (B), if a teacher transfers to a school after demonstrating at another school that he or she was highly qualified, the teacher is deemed to continue to satisfy the requirements of subparagraph (B), (C), or (D) of section 9101(23), as applicable. ``(B) Exception.--If a teacher described in subparagraph (A) transfers to a school in a different State, the State may reject the teacher's status as highly qualified to the extent that such status was based on passing a rigorous State test pursuant to section 9101(23)(B) or meeting a high objective uniform State standard of evaluation pursuant to section 9101(23)(C). ``(C) Definition.--For purposes of this paragraph, the term `different State' means a State other than the State in which the teacher demonstrated that he or she was highly qualified.''. (4) Certification waivers.--Clause (ii) of section 9101(23)(A) of the Elementary and Secondary Education Act (20 U.S.C. 7801(23)(A)) is amended to read as follows: ``(ii) the teacher does not currently have certification or licensure requirements waived on an emergency, temporary, or provisional basis;''. (c) Special Education Students.-- (1) Graduation rate.--Clause (vi) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by inserting ``, except that the State may exclude from the calculation of such percentage students with disabilities who are allowed by State law to remain in secondary school beyond the standard number of years'' after ``who graduate from secondary school with a regular diploma in the standard number of years''. (2) Assessing students with disabilities.--Subparagraph (C) of section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended-- (A) in clause (xiv), by striking ``and'' at the end; (B) in clause (xv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xvi) notwithstanding clause (i), at the discretion of the State, provide for out-of- level testing of children with disabilities.''. (d) Rural Schools.-- (1) Highly qualified teachers in rural schools.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319), as amended by subsection (b)(3), is further amended by adding at the end the following: ``(5) Rural schools.-- ``(A) Waiver.--The Secretary may waive the requirements of this subsection with respect to the teachers teaching at any rural school if the school demonstrates to the Secretary's satisfaction that such requirements impose an undue hardship on the school because of population and geographic restraints. ``(B) Application.--To seek a waiver under this paragraph, a school shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Any such application shall include-- ``(i) an explanation of why the requirements of this paragraph impose an undue hardship on the school because of population and geographic constraints; and ``(ii) a description of the actions the school intends to take to meet such requirements. ``(C) Renewal.--A waiver under this paragraph may be for a period of not more than 5 years and may be renewed.''. (2) School choice, supplemental services.--Subparagraph (E) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended-- (A) in clause (i), by striking ``In the case of'' and inserting ``Subject to clause (iii), in the case of''; (B) by adding at the end the following: ``(iii) Rural schools.-- ``(I) First year.--During the first school year following identification for school improvement under this paragraph, a rural school may make supplemental educational services available consistent with subsection (e) in lieu of providing students an opportunity to transfer under this subparagraph. ``(II) Subsequent years.--If a rural school fails to make adequate yearly progress (as set out in the State's plan under section 1111(b)(2)) by the end of the first school year following identification for school improvement under this paragraph, and the rural school demonstrates to the Secretary's satisfaction that the requirements of this subparagraph impose an undue hardship on the school because of geographic restraints, the Secretary may waive the requirements of this subparagraph with respect to the school. ``(III) Application.--To seek a waiver under this paragraph, a school shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Any such application shall include an explanation of why the requirements of this subparagraph impose an undue hardship on the school because of geographic restraints, and a description of the actions the school intends to take to meet such requirements. ``(IV) Supplemental educational services.--This clause shall not be construed to diminish a rural school's obligation to make supplemental educational services available under paragraph (5), (7), or (8) or subsection (e).''.

No Child Left Behind Improvement and Flexibility Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) academic assessments and adequate yearly progress; (2) teacher qualifications; (3) special education students; and (4) rural schools.

To improve the accountability provisions of the part A of title I of the Elementary and Secondary Education Act of 1965, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Gas Price Relief Act of 2005''. SEC. 2. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Reduction of Highway Motor Fuel Taxes When Retail Gasoline Exceeds Benchmark.-- ``(1) In general.--During any reduction period, the rate of tax imposed by section 4041 or 4081 on highway motor fuel shall be reduced by 10 cents per gallon. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Reduction period.--The term `reduction period' means the period-- ``(i) beginning on the date on which the weekly United States retail gasoline price, regular grade (as published by the Energy Information Administration, Department of Energy), is greater than $3.00 per gallon, and ``(ii) ending on the date on which such price (as so published) is less than $2.50 per gallon. ``(B) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to Trust Funds Treated as Taxes.-- (1) In general.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to each trust fund which would (but for this subsection) receive reduced revenues as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by this section) an amount equal to such reduction in revenues. Amounts appropriated by the preceding sentence to any trust fund-- (A) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had subsection (a) not been enacted, and (B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (2) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and (2) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) Tax rate reduction date.--The term ``tax rate reduction date'' means the first day of any reduction period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2 of this Act). (2) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (e) Certain Rules to Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the 45th day after the tax restoration date. (c) Definitions.--For purposes of this section-- (1) Tax restoration date.--The term ``tax restoration date'' means the first day after the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (2) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (3) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (e) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (f) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such sections.

Emergency Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to reduce highway motor fuel excise taxes by 10 cents per gallon, beginning on the date when the retail price for gasoline is greater than $3.00 per gallon and ending when such price is less than $2.50 per gallon (reduction period). Provides for adjustments to such excise tax for floor stocks of highway motor fuels held by dealers prior to the reduction period (credits or refunds) or after the reduction period (floor stocks tax).

To amend the Internal Revenue Code of 1986 to reduce the Federal excise tax on highway motor fuels when the weekly United States retail gasoline price, regular grade, is greater than $3.00 per gallon.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Educational Assistance Restoration Act of 2001''. SEC. 2. ELIGIBILITY FOR MONTGOMERY GI BILL BENEFITS OF CERTAIN ADDITIONAL VIETNAM ERA VETERANS. (a) Active Duty Program.--Section 3011(a)(1) of title 38, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by adding ``or'' at the end of subparagraph (B); and (3) by adding at the end the following new subparagraph: ``(C) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and-- ``(i) was not on active duty on October 19, 1984; ``(ii) reenlists or reenters on a period of active duty after the date specified in clause (i); and ``(iii) after July 2, 1985, either-- ``(I) serves at least three years of continuous active duty in the Armed Forces; or ``(II) is discharged or released from active duty (aa) for a service- connected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph, (bb) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date, or (cc) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy;''. (b) Selected Reserve Program.--Section 3012(a)(1) of that title is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by adding ``or'' at the end of subparagraph (B); and (3) by adding at the end the following new subparagraph: ``(C) as of December 31, 1989, is eligible for educational assistance under chapter 34 of this title and-- ``(i) was not on active duty on October 19, 1984; ``(ii) reenlists or reenters on a period of active duty after the date specified in clause (i); and ``(iii) after July 2, 1985-- ``(I) serves at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and ``(II) subject to subsection (b) of this section and beginning within one year after completion of such two years of service, serves at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in training as prescribed by the Secretary concerned;''. (c) Time for Use of Entitlement.--Section 3031 of that title is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the date of the enactment of this paragraph.''; and (2) in subsection (e)(1), by striking ``section 3011(a)(1)(B) or 3012(a)(1)(B)'' and inserting ``section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C)''.

Veterans' Educational Assistance Restoration Act of 2001 - Makes eligible for educational assistance benefits under the Montgomery GI Bill an individual who: (1) was not on active duty on October 19, 1984; (2) reenlists or reenters into active duty after such date; and (3) after July 2, 1985, either serves at least three years of continuous active duty or is discharged or released for a service-connected disability, preexisting medical condition, hardship, or a physical or mental condition for the convenience of the Government, as long as such individual completed not less than 30 months of continuous active duty on that date; or (4) is involuntarily released at the convenience of the Government due to a reduction in force. Makes eligible for such assistance a member of the Selected Reserve who: (1) was not on active duty on October 19, 1984, (2) reenlists or reenters active duty after such date; and (3) after July 2, 1985, serves at least two years of continuous active duty and at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in required training.

A bill to amend title 38, United States Code, to restore promised GI Bill educational benefits to Vietnam era veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Diesel Standard Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) section 211(o) of the Clean Air Act (42 U.S.C. 7535(o)) (as amended by section 1501 of the Energy Policy Act of 2005 (Public Law 109-58)) established a renewable fuel program under which entities in the petroleum sector are required to blend renewable fuels into motor vehicle fuel based on the gasoline motor pool; (2) the need for energy diversification is greater as of the date of enactment of this Act than it was only months before the date of enactment of the Energy Policy Act (Public Law 109-58; 119 Stat. 594); (3)(A) the renewable fuel program under section 211(o) of the Clean Air Act requires a small percentage of the gasoline motor pool, totaling nearly 140,000,000,000 gallons, to contain a renewable fuel; and (B) the small percentage requirement described in subparagraph (A) does not include the 40,000,000,000-gallon diesel motor pool; and (4) beginning in 2008, the diesel motor pool should contain no less than 1 percent of renewable fuels by volume. SEC. 3. RENEWABLE CONTENT OF DIESEL MOTOR POOL. (a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after subsection (o) the following: ``(p) Renewable Fuel Program for the Diesel Motor Pool.-- ``(1) Definition of renewable fuel.-- ``(A) In general.--In this subsection, the term `renewable fuel' has the meaning given the term in subsection (o)(1)(C). ``(B) Inclusions.--The term `renewable fuel' includes a diesel fuel substitute produced from-- ``(i) animal fat; ``(ii) vegetable oil; ``(iii) recycled yellow grease; ``(iv) thermal depolymerization; ``(v) thermochemical conversion; ``(vi) the coal-to-liquid process (including the Fischer-Tropsch process); or ``(vii) a diesel-ethanol blend. ``(2) Renewable fuel program.-- ``(A) Regulations.-- ``(i) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to ensure that diesel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renewable fuel determined in accordance with subparagraph (B). ``(ii) Provisions of regulations.-- Regardless of the date of promulgation, the regulations promulgated under clause (i)-- ``(I) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met; but ``(II) shall not-- ``(aa) restrict geographic areas in which renewable fuel may be used; or ``(bb) impose any per- gallon obligation for the use of renewable fuel. ``(iii) Requirement in case of failure to promulgate regulations.--If the Administrator fails to promulgate regulations under clause (i), the percentage of renewable fuel in the diesel motor pool sold or dispensed to consumers in the United States, on a volume basis, shall be .006 percent for calendar year 2008. ``(B) Applicable volume.-- ``(i) Calendar years 2008 through 2015.-- For the purpose of subparagraph (A), the applicable volume for any of calendar years 2008 through 2015 shall be determined in accordance with the following table: ``Applicable volume of renewable fuel in diesel motor pool (in millions of gallons): Calendar year: 250.................................................... 2008 500.................................................... 2009 750.................................................... 2010 1,000.................................................. 2011 1,250.................................................. 2012 1,500.................................................. 2013 1,750.................................................. 2014 2,000.................................................. 2015. ``(ii) Calendar year 2016 and thereafter.-- The applicable volume for calendar year 2016 and each calendar year thereafter shall be determined by the Administrator, in coordination with the Secretary of Agriculture and the Secretary of Energy, based on a review of the implementation of the program during calendar years 2008 through 2015, including a review of-- ``(I) the impact of the use of renewable fuels on the environment, air quality, energy security, job creation, and rural economic development; and ``(II) the expected annual rate of future production of renewable fuels to be used as a blend component or replacement to the diesel motor pool. ``(iii) Minimum applicable volume.--For the purpose of subparagraph (A), the applicable volume for calendar year 2016 and each calendar year thereafter shall be equal to the product obtained by multiplying-- ``(I) the number of gallons of diesel that the Administrator estimates will be sold or introduced into commerce during the calendar year; and ``(II) the ratio that-- ``(aa) 2,000,000,000 gallons of renewable fuel; bears to ``(bb) the number of gallons of diesel sold or introduced into commerce during calendar year 2015. ``(3) Applicable percentages.-- ``(A) Provision of estimate of volumes of diesel sales.--Not later than October 31 of each of calendar years 2007 through 2015, the Administrator of the Energy Information Administration shall provide to the Administrator an estimate, with respect to the following calendar year, of the volumes of diesel projected to be sold or introduced into commerce in the United States. ``(B) Determination of applicable percentages.-- ``(i) In general.--Not later than November 30 of each of calendar years 2008 through 2015, based on the estimate provided under subparagraph (A), the Administrator shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements of paragraph (2) are met. ``(ii) Required elements.--The renewable fuel obligation determined for a calendar year under clause (i) shall-- ``(I) be applicable to refineries, blenders, and importers, as appropriate; ``(II) be expressed in terms of a volume percentage of diesel sold or introduced into commerce in the United States; and ``(III) subject to subparagraph (C), consist of a single applicable percentage that applies to all categories of persons described in subclause (I). ``(C) Adjustments.--In determining the applicable percentage for a calendar year, the Administrator shall make adjustments to prevent the imposition of redundant obligations on any person described in subparagraph (B)(ii)(I). ``(4) Credit program.-- ``(A) In general.--The regulations promulgated pursuant to paragraph (2)(A) shall provide for the generation of an appropriate amount of credits by any person that refines, blends, or imports diesel that contains a quantity of renewable fuel that is greater than the quantity required under paragraph (2). ``(B) Use of credits.--A person that generates a credit under subparagraph (A) may use the credit, or transfer all or a portion of the credit to another person, for the purpose of complying with regulations promulgated pursuant to paragraph (2). ``(C) Duration of credits.--A credit generated under this paragraph shall be valid during the 1-year period beginning on the date on which the credit is generated. ``(D) Inability to generate or purchase sufficient credits.--The regulations promulgated pursuant to paragraph (2)(A) shall include provisions allowing any person that is unable to generate or purchase sufficient credits under subparagraph (A) to meet the requirements of paragraph (2) by carrying forward a credit generated during a previous year on the condition that the person, during the calendar year following the year in which the renewable fuel deficit is created-- ``(i) achieves compliance with the renewable fuel requirement under paragraph (2); and ``(ii) generates or purchases additional credits under subparagraph (A) to offset the deficit of the previous year. ``(5) Waivers.-- ``(A) In general.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirements of paragraph (2) in whole or in part on receipt of a petition of 1 or more States by reducing the national quantity of renewable fuel for the diesel motor pool required under paragraph (2) based on a determination by the Administrator, after public notice and opportunity for comment, that-- ``(i) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or ``(ii) there is an inadequate domestic supply of renewable fuel. ``(B) Petitions for waivers.--Not later than 90 days after the date on which the Administrator receives a petition under subparagraph (A), the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove the petition. ``(C) Termination of waivers.-- ``(i) In general.--Except as provided in clause (ii), a waiver under subparagraph (A) shall terminate on the date that is 1 year after the date on which the waiver is provided. ``(ii) Exception.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may extend a waiver under subparagraph (A), as the Administrator determines to be appropriate.''. (b) Penalties and Enforcement.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), by striking ``or (o)'' each place it appears and inserting ``(o), or (p)''; and (2) in paragraph (2), by striking ``and (o)'' each place it appears and inserting ``(o), and (p)''. (c) Technical Amendments.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) in subsection (c)(4)(C), by redesignating the second clause (v) as clause (vi); (2) in subsection (i)(4), by striking ``section 324'' each place it appears and inserting ``section 325''; (3) in subsection (k)(10), by indenting subparagraphs (E) and (F) appropriately; (4) in subsection (n), by striking ``section 219(2)'' and inserting ``section 216(2)''; (5) by redesignating the second subsection (r) and subsection (s) as subsections (s) and (t), respectively; and (6) in subsection (t)(1) (as redesignated by paragraph (5)), by striking ``this subtitle'' and inserting ``this part''.

Renewable Diesel Standard Act of 2005 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to issue regulations to ensure that the U.S. diesel fuel supply contains a specified annual volume (in gallons) of renewable fuel in 2008 through 2015. (Requires the percentage of renewable fuel in the U.S. diesel motor pool to be .006 for 2008 if the Administrator fails to promulgate such regulations.) Directs the Administrator to set the standard for renewable fuel content for 2016 and thereafter in consultation with the Secretaries of Agriculture and Energy, according to a specified formula, taking into consideration certain economic and environmental factors. Establishes a program of credits for diesel fuel producers who exceed the renewable fuel standards established by this Act. Authorizes the Administrator, upon the petition of one or more states, to waive renewable fuel content requirements for economic, environmental, or supply reasons.

A bill to amend the Clean Air Act to establish a renewable diesel standard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Right to Know Before You Go Act of 2013''. SEC. 2. AMENDMENT TO PROGRAM PARTICIPATION AGREEMENTS. Section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(17)) is amended by inserting ``, in accordance with section 493E'' after ``of the Secretary''. SEC. 3. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Alignment With Institutional Reporting Requirements Related to IPEDS.-- ``(1) In general.--Not later than 6 months after the date of enactment of the Student Right to Know Before You Go Act of 2013, the Secretary shall issue guidance outlining which data metrics required to be submitted by institutions of higher education under section 493E are duplicative of institutional reporting requirements under this section and other provisions of this Act. ``(2) Link to institutional reporting website.--Not later than 5 years after the date of enactment of the Student Right to Know Before You Go Act of 2013, an institution of higher education participating in any program under this title shall-- ``(A) not be required to make available such duplicative requirements, as determined under paragraph (1), under this section and other provisions of this Act; and ``(B) provide a prominently displayed link on the institution's website to the website described in section 493E(e).''. SEC. 4. INSTITUTIONAL REPORTING REQUIREMENTS. (a) Amendment to Database of Student Information Prohibited.-- Section 134(b) of the Higher Education Act of 1965 (20 U.S.C. 1015c(b)) is amended-- (1) in paragraph (1), by striking ``and'' after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) is necessary to carry out section 493E.''. (b) Reporting Requirements.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: ``SEC. 493E. INSTITUTIONAL REPORTING REQUIREMENTS. ``(a) In General.-- ``(1) Submission of data.--Each institution of higher education participating in a program under this title shall submit to the Secretary data, as determined by the Secretary, sufficient to complete all student components of reporting required for the Integrated Postsecondary Education Data System (referred to in this section as `IPEDS'). Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2013, the Secretary shall submit to institutions of higher education guidance related to the submission of data under this paragraph. ``(2) Review.--The Secretary shall review, every 5 years, the determination of the category of data that shall be submitted pursuant to paragraph (1). ``(b) Establishment of Additional Student Classifications.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2013, the Secretary shall-- ``(A) establish common definitions for institutions to follow in submitting the data required under this section; and ``(B) determine both collection and submission requirements. ``(2) Identification of unit records.--The Secretary shall require institutions to identify student unit records to enable coding and reporting on-- ``(A) students who participate in remedial education at, or through, the institution; ``(B) whether, and at what level, the student is seeking a degree; and ``(C) whether the student is seeking a certificate. ``(c) Establishment of New Outcome Metrics.-- ``(1) In general.--Data submitted to the Secretary under subsection (a) shall be used to calculate all student components of IPEDS. ``(2) Additional measures to be calculated.--In addition to student component outcome measures required to be calculated by the Secretary on the day before the date of enactment of the Student Right to Know Before You Go Act of 2013, the Secretary shall also calculate, not later than 2 years after the date of enactment of the Student Right to Know Before You Go Act of 2013, at the institutional and program specific level: ``(A) The percent of students who receive-- ``(i) Federal grants; ``(ii) Federal loans; ``(iii) State grants; ``(iv) State loans; ``(v) institutional grants; or ``(vi) institutional loans. ``(B) The average amount of total Federal loan debt upon student graduation assumed by students while enrolled at the institution. ``(C) The average amount of total Federal loan debt of students who do not complete a program of study 2 years after the students' last known enrollment in any institution of higher education. ``(D) Student transfer rates by sector of transfer, which shall be defined as the percentage of students who leave an institution and successfully enroll in another institution, including whether the receiving institution is a public 4-year institution, public 2- year institution, public less-than-2-year institution, private nonprofit 4-year institution, private nonprofit 2-year institution, private nonprofit less-than-2-year institution, private for-profit 4-year institution, private for-profit 2-year institution, or private for- profit less-than-2-year institution. ``(E) Rates of continuation to higher levels of education. ``(F) The percent of students who receive the degree level they initially sought. ``(G) The outcome measures described in subparagraphs (A) through (F), in addition to all student level components of IPEDS required to be reported on the day before the date of enactment of the Student Right to Know Before You Go Act of 2013, shall also be made available on the basis of the following student type: ``(i) Students who received a Federal Pell Grant. ``(ii) Students who received a Federal Stafford Loan, but not a Federal Pell Grant. ``(iii) Students who received neither a Federal Pell Grant, nor a Federal Stafford Loan. ``(iv) Students who are identified as veterans who received assistance under the Post-9/11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. The Secretary of Veterans Affairs shall coordinate with the Secretary to make available data sufficient to enable such reporting under this clause. ``(v) Enrollment status, including the following: ``(I) First-time, full-time students. ``(II) First-time, part-time students. ``(III) Non-first-time, full-time students. ``(IV) Non-first-time, part-time students. ``(vi) Enrollment intensity while enrolled at the institution, including the following: ``(I) Full-time only. ``(II) Part-time only. ``(III) Mixed enrollment, both full- and part-time. ``(H) Other information determined necessary. ``(d) Linkage to Earnings Record Data.-- ``(1) Earnings metrics.--The Secretary, in cooperation with the Commissioner of Social Security, shall establish a system under which the student components of IPEDS are used to create earnings metrics. Such system shall enable the publication of data on median annual earnings and employment metrics, disaggregated by-- ``(A) educational program based on CIP code; ``(B) credential received; ``(C) educational institution; and ``(D) State of employment. ``(2) Standard time periods for reporting earnings outcomes.--The Secretary shall make publicly available median annual earnings disaggregated by the categories described in subparagraphs (A) through (D) of paragraph (1) for each of the following time periods: ``(A) 2 years after educational program completion. ``(B) 6 years after educational program completion. ``(C) 15 years after educational program completion. ``(e) Public Access to Information.--The information aggregated by the Secretary under this section shall be included in the IPEDS and posted on a website in a timely and user-friendly manner and in a way that does not allow for the dissemination of any personally identifiable information. ``(f) Ensuring Comparability of Data Metric.--For a period of 5 years following the date of enactment of the Student Right to Know Before You Go Act of 2013, the Secretary shall be responsible for publishing all student components of IPEDS as such components would have been produced on the day before the date of enactment of the Student Right to Know Before You Go Act of 2013. ``(g) Involvement of States and Leveraging of Investment in Existing State-Based Systems.-- ``(1) In general.--Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the `Family Educational Rights and Privacy Act of 1974') except as provided in paragraph (2), in carrying out this section, the Secretary shall consult extensively with State offices with existing student-level data collections from public and private institutions. ``(2) No sharing of personally identifiable information.-- The Secretary, a State, or institution shall not share personally identifiable information of a student in carrying out paragraph (1), except as necessary to enable individuals who are employed by the Department to meet the reporting requirements and data dissemination purposes and requirements under this Act. ``(h) Involvement of Institutions of Higher Education in Developing Calculation and Reporting Standards.--In carrying out this section, the Secretary shall consult extensively with institutions of higher education and State agencies of higher education, particularly in the formulation of the calculation and reporting standards outlined in subsections (b), (c), and (d), and the public access to information under subsection (e). ``(i) Use of Data for Institutional Improvement.--The Secretary shall create a process through which institutions of higher education participating in programs under this title and States may request and receive from the Department aggregate student outcome data for the purposes of institutional improvement and program evaluation. The Secretary shall promulgate regulations to ensure fair and equitable access to such data. In cases where institutional data are merged with Federal record sets and the resulting data are used for Federal accountability purposes beyond reporting to the public, the Secretary shall develop procedures to provide opportunities for institutional review of the disaggregated merged data. ``(j) Privacy, Security, and Use of Information.-- ``(1) Identity protection.--The data system developed under this section shall not permit an individual to be individually identified by users of the data system who are not actively working as database administrators of the system. ``(2) Data audit and data governance systems.--The data system developed under this section shall include a data audit system assessing data quality, validity, and reliability and a data governance system to ensure compliance with all Federal standards of data quality and individual privacy. ``(3) Prohibition and unauthorized use.-- ``(A) In general.--Individual data collected under this section shall not be used for any purpose not specifically authorized by Federal law. ``(B) No federal action.--No action of Federal authority may be taken against an individual based on data collected within the data system developed under this section. ``(C) Guidelines.--The Secretary shall issue guidelines to institutions regarding the amendment of the institutions required annual privacy notices to reference the data collection required under this section. ``(4) Individual privacy and access to data.--Prior to implementation of this section, the Secretary shall publish for public comment assurances that-- ``(A) that the system developed under this section does not disclose any personally identifiable information and complies with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the `Family Educational Rights and Privacy Act') and other applicable Federal and State privacy laws; and ``(B) that there is a policy on the use of data collected under this section that prevents any use of data outside of the purposes of this section. ``(k) Penalties for Unauthorized Disclosure of Data.--Any individual who willfully discloses a personal identifier (such as a name or social security number) provided under this section, in any manner to an entity not entitled to receive the identifier, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2014 through 2022.''.

Student Right to Know Before You Go Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to require institutions of higher education (IHEs) to submit to the Secretary of Education data that the Secretary determines to be sufficient to complete all student components of reporting required for the Integrated Postsecondary Education Data System (IPEDS). Directs the Secretary to review that determination every five years. Requires the Secretary to: (1) establish common definitions for IHEs to follow in submitting the data required under this Act, and (2) determine both collection and reporting requirements. Directs the Secretary to require IHEs to identify student unit records to enable coding and reporting on: (1) students who participate in remedial education; (2) whether, and at what level, the student is seeking a degree; and (3) whether the student is seeking a certificate. (Student unit records are used to collect information at the student, rather than institutional, level.) Requires the Secretary to also calculate, within two years of this Act's enactment, at the institutional and program specific level: the percentage of students who receive federal, state, or institutional grants or loans; the average amount of federal loan debt students have accumulated by graduation; the average amount of total federal loan debt of students who do not complete a program of study two years after their last known enrollment in any IHE; student transfer rates by sector of transfer; rates of continuation to higher levels of education; and the percentage of students who receive the degree level they initially sought. Directs the Secretary to make those student outcome measures and the currently reported student level components of IPEDS available by specified student types that are differentiated on the basis of their: (1) receipt or non-receipt of federal Pell Grants or Stafford Loans, (2) participation in the Post-9/11 Veterans Educational Assistance Program, (3) enrollment status, and (4) enrollment intensity. Requires the Secretary, in cooperation with the Commissioner of Social Security, to establish a system which uses the student components of IPEDS to create earnings metrics that allow the publication of median annual earnings and employment data that is disaggregated by: (1) educational program, credential received, school, and state of employment; and (2) the 2-, 6-, and 15-year periods after educational program completion. Requires the information aggregated by the Secretary under this Act to be made available on IPEDS and posted on a website in a timely and user-friendly manner that protects personally identifiable information. Requires IHEs, within five years of this Act's enactment, to provide a prominently displayed link on their websites to the website containing such information. Eliminates, within five years of this Act's enactment, IHE data reporting requirements under the HEA that are deemed duplicative. Directs the Secretary to create a process through which IHEs and states may request and receive from the Department of Education aggregate student outcome data for the purposes of institutional improvement and program evaluation. Prohibits the unauthorized use of the data collected pursuant to this Act.

Student Right to Know Before You Go Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Injury Control and Violence Prevention Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) violence or the threat of violence has adverse effects on the health and safety of Americans of all ages, races, ethnicities and economic conditions; (2) the majority of homicides and violent assaults are committed by people who have relationships with their victims and are not committed by strangers; (3) violence is being committed in private as well as public, in homes, schools, and neighborhoods; (4) interventions by law enforcement and criminal justice systems have limited ability to prevent violence; (5) family and interpersonal violence represent serious threats to the health and well-being of millions of women in the United States; (6) violence against women has serious health consequences for its victims, including fatality, severe trauma, repeated physical injuries, and chronic stress-related disorder; (7) violence against women has serious mental health consequences for its victims, including substance abuse, severe psychological trauma, and suicide; (8) fewer than 5 percent of injured women are correctly diagnosed by medical personnel as being victims of domestic violence; (9) hospitals and clinics do not have a uniform set of protocols for the identification and referral of victims of family and interpersonal violence, or for the training of health care professionals to perform such functions; (10) a national surveillance system for monitoring the health effects of injury should be established to determine the nature and extent of family and interpersonal violence in the United States; and (11) the Surgeon General has identified domestic violence as a public health problem to which all health care providers must actively and vigorously respond. SEC. 3. FAMILY AND INTERPERSONAL VIOLENCE PREVENTION. Section 393 of the Public Health Service Act (42 U.S.C. 280b-2) is amended to read as follows: ``SEC. 393. PREVENTION OF FAMILY AND INTERPERSONAL VIOLENCE. ``(a) Research and Technical Assistance.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may conduct research and provide technical assistance to appropriate public and nonprofit private entities and to academic institutions to assist such entities in performing research in, and conducting training and public health programs for, the prevention of injuries and deaths associated with family and interpersonal violence. ``(b) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to States, political subdivisions of States, and any other public and nonprofit private entity for-- ``(1) the conduct of research into identifying effective strategies to prevent interpersonal violence within the family and among acquaintances; ``(2) the development, implementation, and evaluation of demonstration projects for the prevention of interpersonal violence within families and among acquaintances; ``(3) the implementation of public information and education programs for prevention of family and interpersonal violence and to broaden public awareness of the public health consequences of family and interpersonal violence; and ``(4) the provision of education, training and clinical skills improvement programs for health care professionals to-- ``(A) appropriately interview and identify individuals whose medical condition or statements indicate that the individuals are victims of domestic violence or sexual assault; and ``(B) refer the individuals to entities that provide services regarding such violence and assault, including referrals for counseling, housing, legal services, and services of community organizations. ``(c) Injury Surveillance Program.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall support the establishment of national systematic surveillance of injuries, including those caused by family and interpersonal violence. ``(d) Definition.--As used in this section, the term `interpersonal violence within families and acquaintances' means any intentional violence, controlling, or coercive behavior or pattern of behavior by an individual who is currently or who was previously, in an intimate or acquaintance relationship with the victim. Such behavior may occur at any stage of the lifecycle and may encompass single acts or a syndrome of actual or threatened physical injury, sexual assault, rape, psychological abuse, or neglect. Such term includes behavior which currently may be described as ``child neglect'', ``child abuse'', ``spousal abuse'', ``domestic violence'', ``woman battering'', ``partner abuse'', ``elder abuse'', and ``date rape''. ``(e) Application.--To be eligible to receive assistance under subsection (a) or (b), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 4. ADVISORY COMMITTEE; REPORTS. Part J of title III of the Public Health Service Act (as amended by Public Law 103-43) is amended by inserting after section 393 (42 U.S.C. 280b-2) the following new section: ``SEC. 393A. GENERAL PROVISIONS. ``(a) Advisory Committee.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee to advise the Secretary and such Director with respect to the prevention and control of injuries. ``(b) Report.--Not later than February 1 of 1994 and of every second year thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the activities carried out under this part during the preceding 2 fiscal years. Such report shall include a description of such activities that were carried out with respect to domestic violence and sexual assault and with respect to rural areas.''. SEC. 5. TECHNICAL CORRECTIONS. (a) Terminology.--Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) (as amended by Public Law 103-43) is amended-- (1) in the heading for such part, by striking ``Injury Control'' and inserting ``Prevention and Control of Injuries''; and (2) in section 392-- (A) in the heading for such section, by inserting ``prevention and'' before ``control activities''; (B) in subsection (a)(1), by inserting ``and control'' after ``prevention''; and (C) in subsection (b)(1), by striking ``injuries and injury control'' and inserting ``the prevention and control of injuries''. (b) Provisions Relating to Public Law 102-531.--Part K of title III of the Public Health Service Act (42 U.S.C. 280b et seq.), as amended by section 301 of Public Law 102-531 (106 Stat. 3482), is amended-- (1) in section 392(b)(2), by striking ``to promote injury control'' and all that follows and inserting ``to promote activities regarding the prevention and control of injuries; and''; and (2) in section 391(b), by adding at the end the following sentence: ``In carrying out the preceding sentence, the Secretary shall disseminate such information to the public, including through elementary and secondary schools.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 394 of the Public Health Service Act (42 U.S.C. 280b-3) is amended-- (1) by striking ``391 and 392'' and inserting ``391, 392, and 393''; and (2) by striking ``$10,000,000'' and all that follows through the period and inserting ``$60,000,000'' for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998.''.

Injury Control and Violence Prevention Act of 1993 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) conduct research and provide technical assistance to public and nonprofit private entities and to academic institutions to assist such entities in performing research in, and conducting training and public health programs for, the prevention of injuries and deaths associated with family and interpersonal violence; and (2) award grants to States, political subdivisions, and public and nonprofit private entities for specified activities regarding the prevention of such violence. Requires the Secretary, acting through the Director, to: (1) support the establishment of national systematic surveillance of injuries; and (2) establish an advisory committee to advise the Secretary and the Director on the prevention and control of injuries. Extends the authorization of appropriations for injury control and violence prevention activities through FY 1998.

Injury Control and Violence Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Elderly Missing Alert Program Act of 2013''. SEC. 2. PROGRAM TO ASSIST FEDERAL, STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT AGENCIES IN THE RAPID RECOVERY OF MISSING CHILDREN, THE ELDERLY, AND DISABLED INDIVIDUALS. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (b)-- (A) in paragraph (16), by striking ``and'' after the semicolon; (B) in paragraph (17), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(18) to permit eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system, in accordance with subsection (l).''; and (2) by adding at the end the following new subsection: ``(l) Child and Elderly Missing Alerts.-- ``(1) In general.--The Attorney General is authorized to award grants to eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system. ``(2) Specified use of funds.--The grants awarded under this subsection shall be used to-- ``(A) provide services to Federal, State, tribal, and local law enforcement agencies, in response to a request from such agencies, to promote the rapid recovery of a missing child, an elderly individual, or a disabled individual by utilizing rapid telephone and cellular alert calls; ``(B) maintain and expand technologies and techniques to ensure the highest level of performance of such services; ``(C) provide both centralized and on-site training and distribute information to Federal, State, tribal, and local law enforcement agency officials about missing children, elderly individuals, and disabled individuals and use of a rapid telephone and cellular alert call system; ``(D) provide services to Federal, State, tribal, and local Child Abduction Response Teams; ``(E) assist Federal, State, tribal, and local law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; ``(F) share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and appropriate Federal, State, tribal, and local law enforcement agencies; and ``(G) assist appropriate organizations, including Federal, State, tribal, and local law enforcement agencies, with education and prevention programs related to missing children, elderly individuals, and disabled individuals. ``(3) Eligibility.--To be an eligible nonprofit organization for purposes of a grant under this subsection, a nonprofit organization shall have experience providing rapid telephone and cellular alert calls on behalf of Federal, State, and local law enforcement agencies to find missing children and elderly adults. ``(4) Grant period and renewal.--The Attorney General shall determine an appropriate grant period for grants awarded under this subsection. Such grants may be renewed at the discretion of the Attorney General. ``(5) Evaluation.--The Attorney General shall require each grantee under this subsection to annually submit the results of the monitoring and evaluations required under subsections (a) and (b) of section 1705, and shall publish an annual report regarding such results and the effectiveness of the activities carried out under each such grant. ``(6) Inapplicable provisions.--The following provisions of this part shall not apply to grants awarded under this subsection: ``(A) Subsection (j) of this section (relating to grants to Indian tribes). ``(B) Section 1703 (relating to renewal of grants). ``(7) Definitions.--In this subsection: ``(A) Child.--The term `child' means an individual under 21 years of age. ``(B) Disabled individual.--The term `disabled individual' means-- ``(i) an individual with 1 or more disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); or ``(ii) an individual who has been diagnosed by a physician or other qualified medical professional with Alzheimer's disease or a related dementia. ``(C) Elderly individual.--The term `elderly individual' means an individual who is 60 years of age or older. ``(D) Missing.--The term `missing', with respect to a child, an elderly individual, or a disabled individual, means such a child or individual who has been reported to law enforcement as missing and whose whereabouts are unknown to Federal, State, tribal, and local law enforcement agencies. ``(E) Rapid telephone and cellular alert call system.--The term `rapid telephone and cellular alert call system' means an automated system with the ability to place at least 1,000 telephone and cellular calls in 60 seconds to a specific geographic area determined by law enforcement-- ``(i) based on the last known whereabouts of a missing individual; or ``(ii) based on other evidence and determined by such law enforcement agency to be necessary to the search for the missing individual.''.

Child and Elderly Missing Alert Program of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award public safety and community policing grants to eligible nonprofit organizations to assist federal, state, tribal, and local law enforcement agencies in the rapid recovery of missing children and elderly and disabled individuals through the use of a rapid telephone and cellular alert call system. Defines an "elderly individual" as an individual 60 years of age or older. Permits the use of grant funds to: (1) maintain and expand technologies and techniques to ensure the highest level of performance of services; (2) provide both centralized and on-site training, and to distribute information, to law enforcement agency officials about missing individuals and use of a rapid telephone and cellular alert call system; (3) provide services to Child Abduction Response Teams; (4) assist law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; (5) share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and law enforcement; and (6) assist appropriate organizations with education and prevention programs related to missing individuals. Directs the Attorney General to annually: (1) require each grantee to submit the results of monitoring and evaluations of grant recipients, and (2) publish a report regarding such results and the effectiveness of activities carried out under each grant.

Child and Elderly Missing Alert Program Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending U.S. Government Communications Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated that, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. Progress within individual defense sectors appears linked to the relative integration of each, through China's civilian economy, into the global production and R&D chain . . . Information technology companies in particular, including Huawei, Datang, and Zhongxing, maintain close ties to the PLA.''. (2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . Additionally, large Chinese companies - particularly those `national champions' prominent in China's `going out' strategy of overseas expansion - are directly subject to direction by the Chinese Communist Party, to include support for PRC state policies and goals.''. (3) The Commission further stated in its report that ``[f]rom this point of view, the clear economic benefits of foreign investment in the U.S. must be weighed against the potential security concerns related to infrastructure components coming under the control of foreign entities. This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.''. (4) In its 2011 Annual Report to Congress, the United States China Commission stated that ``[t]he extent of the state's control of the Chinese economy is difficult to quantify . . . There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.''. (5) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with.''. (6) The Federal Bureau of Investigation, in a February 2015 Counterintelligence Strategy Partnership Intelligence Note stated that, ``[w]ith the expanded use of Huawei Technologies Inc. equipment and services in U.S. telecommunications service provider networks, the Chinese Government's potential access to U.S. business communications is dramatically increasing. Chinese Government-supported telecommunications equipment on U.S. networks may be exploited through Chinese cyber activity, with China's intelligence services operating as an advanced persistent threat to U.S. networks.''. (7) The FBI further stated in its February 2015 counterintelligence note that, ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure.''. (8) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, ``In the Office of the Secretary of Defense, absolutely not. And I know of no other--I don't believe we operate in the Pentagon, any [Huawei] systems in the Pentagon.''. (9) At such hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, ``as we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.''. (10) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping U.S.-origin items to Iran, paying the United States Government a penalty of $892,360,064 dollars for activity between January 2010 and January 2016. (11) The Treasury Department's Office of Foreign Assets Control issued a subpoena to Huawei as part of a Federal investigation of alleged violations of trade restrictions on Cuba, Iran, Sudan, and Syria. (12) In the bipartisan House Permanent Select Committee on Intelligence ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. Similarly, government contractors - particularly those working on contracts for sensitive U.S. programs - should exclude ZTE or Huawei equipment in their systems.''. SEC. 3. PROHIBITION ON CERTAIN TELECOMMUNICATIONS SERVICES OR EQUIPMENT. (a) Prohibition on Agency Use or Procurement.--The head of an agency may not procure or obtain, may not extend or renew a contract to procure or obtain, and may not enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (b) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Covered foreign country.--The term ``covered foreign country'' means the People's Republic of China. (3) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (B) Telecommunications services provided by such entities or using such equipment. (C) Telecommunications equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Defending U.S. Government Communications Act This bill prohibits federal agencies from procuring or obtaining, renewing or extending a contract to obtain or procure, or entering into a contract with an entity that uses any equipment, system, or service with telecommunications equipment or services as a substantial or essential component of any system that is from Huawei Technologies Company, ZTE Corporation, or an entity reasonably believed to be owned or controlled by China.

Defending U.S. Government Communications Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-China Energy Cooperation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The December 2004 National Intelligence Council report entitled ``Mapping the Global Future in 2020'' states that the single most important factor affecting the demand for energy will be global economic growth, especially that of China and India. (2) The United States and China are both rich in coal and look to it for a majority of their electricity needs. (3) China is building its power generation base for the first time and the United States is preparing to replace a generation of aging electric power facilities. (4) Carbon capture and sequestration is a viable technology that still needs significant amounts of research and development before it can be widely commercialized. (5) A recent study by MIT (2007) on ``The Future of Coal'' outlines the need for several integrated projects to demonstrate the feasibility of carbon capture and sequestration in a variety of countries and geological settings. (6) The United States and China are already working together on the FutureGen project in the United States. FutureGen is an initiative to build the world's first integrated sequestration and hydrogen production research power plant. The project is intended to create the world's first zero-emissions fossil fuel plant. (7) Joint American-Chinese research and development on carbon capture technology would improve the energy security of both nations. (8) Further, both the United States and China are actively seeking to promote industrial efficiency and conservation. United States industry consumes more than one third of all energy used in the United States. The United States Department of Energy's Industrial Technologies program aims to invest in research and development to reduce industrial energy use while stimulating productivity and growth. (9) The industrial sector represents 68 percent of all primary energy consumption in China. In 2006, China's National Development and Reform Commission launched a major program to improve energy efficiency in China's 1,000 largest enterprises, which together consume one third of China's primary energy. Additionally, the Chinese Government plans to retire many inefficient power plants and close many inefficient industrial plants. (10) There is a need to build capacity among scholars in both China and the United States in the area of analytic energy and climate change policy. SEC. 3. GRANT PROGRAM. (a) Application.--In order to receive a grant under this Act, an eligible entity shall submit an application to the Secretary containing such information and assurances as the Secretary may require. (b) Selection.--The Secretary shall review any application submitted by any eligible entity and select eligible entities meeting criteria established by the Secretary to receive a grant under this section. The amount of each grant awarded for a fiscal year under this section shall be determined by the Secretary. (c) Recoupment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for recoupment in connection with any eligible project carried out by an eligible entity that receives a grant under this section, which has led to the development of a product or process which is marketed or used. (2) Amount required.-- (A) Except as provided in subparagraph (B), such recoupment shall be required as a condition for award and be proportional to the Federal share of the costs of such project, and shall be derived from the proceeds of royalties or licensing fees received in connection with such product or process. (B) In the case where a product or process is used by the recipient of a grant under this section for the production and sale of its own products or processes, the recoupment shall consist of a payment equivalent to the payment which would be made under subparagraph (A). (3) Waiver.--The Secretary may at any time waive or defer all or some of the recoupment requirements of this subsection as necessary, depending on-- (A) the commercial competitiveness of the entity or entities developing or using the product or process; (B) the profitability of the project; and (C) the commercial viability of the product or process utilized. (4) Exception.--The requirement under this subsection shall not apply to purely academic endeavors that have no commercial value. (d) Use of Existing Programs.--The Secretary shall carry out this section through existing programs at the Department of Energy. (e) Report.--Not later than 180 days after receiving a grant under this section, each recipient shall submit a report to the Secretary-- (1) documenting how the recipient used the grant funds; and (2) evaluating the level of success of each project funded by the grant. SEC. 4. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means a joint venture comprised of both Chinese and United States private business entities, a joint venture comprised of both Chinese academic persons (who reside and work in China) and United States academic persons, or a joint venture comprised of both Chinese and United States Federal, State, or local government entities which-- (A) carries out an eligible project; and (B) is selected by the Secretary using the criteria established by the Secretary. (2) Eligible project.--The term ``eligible project'' means a project to encourage cooperation between the United States and China on joint energy and climate change policy education programs and joint research, development, or commercialization of carbon capture and sequestration technology, improved energy efficiency, or renewable energy sources. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of fiscal years 2008 through 2018. (b) Relationship to Other Laws.--Amounts authorized under this section may be made available notwithstanding any other provision of law that restricts assistance to foreign countries.

United States-China Energy Cooperation Act - Authorizes the Secretary of Energy to make grants to encourage cooperation between the United States and China in joint ventures involving: (1) joint energy and climate change policy education programs; and (2) joint research, development, or commercialization of carbon capture and sequestration technology, improved energy efficiency, or renewable energy sources. Requires joint ventures to be composed of both: (1) Chinese and United States private business entities; (2) Chinese academic persons (who reside and work in China) and U.S. academic persons; or (3) Chinese and U.S. federal, state, or local government entities.

To authorize the Secretary of Energy to make grants to encourage cooperation between the United States and China on joint research, development, or commercialization of carbon capture and sequestration technology, improved energy efficiency, or renewable energy sources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Social Security Numbers Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Federal Government requires virtually every individual in the United States to obtain and maintain a Social Security account number in order to pay taxes or to qualify for old-age, survivors, and disability insurance benefits under title II of the Social Security Act. (2) Many Government agencies and private entities also use Social Security account numbers as identifiers to track individual records or as information that an individual must present to verify his or her identity. Thus, Social Security account numbers are routinely collected, recorded, and transferred by public and private entities. (3) As an unintended consequence of these uses, Social Security account numbers have become one of the tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. (4) According to the Social Security Administration's Inspector General, 16 percent of the 99,000 fraud cases it investigated in the 1-year period ending September 30, 2006, involved the misuse of Social Security account numbers. (5) The Social Security account number is also a key piece of information used in the perpetration of identity theft. In calendar year 2006, over 240,000 individuals reported to the Federal Trade Commission that they had been the victims of an identity theft. Identity theft is a serious crime that can cause substantial financial losses and force victims to spend significant time restoring the accuracy of their credit records. (6) Social Security account numbers are publicly displayed by some Government entities. In most jurisdictions throughout the United States, State and local law requires that certain documentary records, such as business filings, property records, and birth and marriage certificates, be made available to the general public. Some of these records contain personally identifiable information of individuals, including Social Security account numbers. Increasingly, State and local recordkeepers are displaying public records on the Internet, where these records are widely accessible at no cost or for a minimal fee. There are known instances of criminals using personally identifiable information from online public records to commit identity theft. (7) Private information resellers also routinely record and transfer individuals' Social Security account numbers and other personally identifiable information. In a 2006 study, the Government Accountability Office (GAO) was able to purchase truncated or full Social Security account numbers from 5 of 21 Internet information resellers that were surveyed. (8) The GAO has concluded, based on available evidence, that unauthorized access to personal data such as Social Security account numbers is a frequent occurrence. A survey of 17 Federal agencies by the Committee on Oversight and Government Reform of the House of Representatives found that these agencies suffered more than 788 data breaches from January 2003 through July 2006. (9) In many instances, public and private entities seek to protect Social Security account numbers from abuse by truncating a portion of each number. However, because truncation methods are not uniform, it is possible to obtain a full Social Security account number by reconstructing the number based on partial information obtained from different sources. (10) In a report issued in June 2007, the GAO found that truncated Social Security account numbers in Federal documents stored as public records remain vulnerable to misuse, in part because different truncation methods used by the public and private sectors permit the reconstruction of full Social Security account numbers. Federal entities such as the Department of Justice, the Internal Revenue Service, and the Judicial Conference of the United States truncate by displaying the last 4 digits of the Social Security account number. In contrast, the GAO found that information resellers sometimes sell records containing Social Security account numbers that are truncated to display the first 5 digits. (11) The first 5 digits of an individual's Social Security account number are assigned based on the location in which the account number was issued and the order in which the account number was issued. The last 4 digits of an individual's Social Security account number are randomly generated, creating a unique account number for each individual. Many public and private entities ask consumers to supply the last 4 digits of Social Security account numbers as a way to verify consumers' identities, providing an additional reason for identity thieves to seek to acquire these digits. (12) The GAO reported in 2006 that it had been unable to identify any industry standards or guidelines for truncating Social Security account numbers. Moreover, the GAO could not identify any consensus among Government officials about which method for truncation better protects Social Security account numbers from abuse. (13) The GAO has stated that standardizing the truncation of Social Security account numbers would better protect these numbers from misuse. Since 2005, the GAO has on multiple occasions recommended the establishment of uniform standards for truncation of Social Security account numbers. (14) Given the Social Security Administration's role in assigning Social Security account numbers, the Commissioner of Social Security may be in the best position to determine whether and how truncation should be standardized. (15) The truncation of Social Security account numbers, even by Federal Government agencies, is not comprehensively required or regulated. Currently, the Social Security Administration does not have the legal authority to regulate the use of Social Security account numbers by other entities. (16) Because the Federal Government created and maintains the system of required Social Security account numbers, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to curb the abuse of Social Security account numbers. SEC. 3. REQUIREMENT TO ISSUE UNIFORM STANDARDS FOR THE METHOD FOR TRUNCATION OF SOCIAL SECURITY ACCOUNT NUMBERS. (a) In General.--The Commissioner of Social Security shall issue uniform standards-- (1) for the method for truncation of Social Security account numbers in order to facilitate the protection of such numbers from being used in the perpetration of fraud or identity theft; and (2) for the method for encryption (or other method of securing from disclosure) of Social Security account numbers transmitted by means of the Internet. Such uniform standards shall not apply with respect to a Social Security account number of a deceased individual. (b) Requirements.-- (1) In general.--In establishing the uniform standards required under subsection (a), the Commissioner of Social Security shall consider the matters described in paragraph (2) and consult with, at a minimum, the heads of the following Federal agencies: (A) The Department of Justice. (B) The Federal Trade Commission. (C) The Department of the Treasury. (2) Specific considerations.--For purposes of paragraph (1), the matters described in this paragraph are the following: (A) The extent to which various methods for truncation of Social Security account numbers will assist in the prevention of fraud and identity theft, taking into account the following: (i) The risk that a truncated Social Security account number can be combined with other personally identifiable information to derive or acquire a complete Social Security account number. (ii) The risk that the numerical digits not masked in the truncation process will reveal personally identifiable information about an individual. (iii) The risk that a truncated Social Security account number can be used to derive or acquire from other sources a full Social Security account number. (B) The methods in use for the truncation of Social Security account numbers by the Federal Government, State and local governments, and private entities and the extent of use of each method by the Federal Government, State and local governments, and private entities. (C) The reasons why Social Security account numbers are collected and recorded by the Federal Government, State and local governments, and private entities. (D) The effect of each proposed method for truncation on the uses for Social Security account numbers by the Federal Government, State and local governments, and private entities. (E) Any comments regarding proposed methods for truncation submitted to the Commissioner from-- (i) experts on privacy and data security, consumer advocacy groups, and identity theft assistance organizations; (ii) the Federal Government or State or local governments, including State Attorneys General; (iii) representatives of private entities that transfer, display, record, or otherwise utilize Social Security account numbers on a regular basis; (iv) the Comptroller General of the United States; and (v) any other appropriate entities. SEC. 4. APPLICATION OF UNIFORM STANDARDS. (a) Federal Government.--On and after the date that the Commissioner of Social Security determines in regulations issued pursuant to section 6, the uniform standards issued under section 3(1) shall apply to the Federal Government-- (1) whenever the Federal Government displays a Social Security account number; and (2) to the extent practicable, whenever the Federal Government transfers, records, or otherwise utilizes a Social Security account number. (b) State and Local Governments; Private Entities.-- (1) Display or transmission by a state or local government by means of the internet.-- (A) Prohibition.-- (i) In general.--Subject to clause (ii), a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall not display to the general public on the Internet all or any portion of any Social Security account number. (ii) Exceptions.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State may display to the general public on the Internet-- (I) a portion of a Social Security account number if such display complies with the uniform standards for the method for truncation and encryption of such numbers issued by the Commissioner of Social Security under section 3; and (II) all or any portion of a Social Security account number of a deceased individual. (B) Penalties.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State that violates subparagraph (A) shall be subject to a civil penalty of not more than $5,000 per day for each day that the State or political subdivision violated such subsection. (C) Enforcement.--The Attorney General may bring a civil action against a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, in any appropriate United States District Court for a violation of subparagraph (A). (D) Effective date.--Subparagraphs (A) through (C) shall take effect on the date that is 1 year after the date on which regulations are issued under section 6 and shall apply to violations occurring on or after that date. (2) Display by other means.--It is the sense of Congress that if a State, local government, or private entity displays a Social Security account number in a manner other than that described in paragraph (1), the State, local government, or private entity should comply with the uniform standards issued under section 3 to the same extent that the Federal Government or a State or local government is required to comply with such standards under subsection (a) and paragraph (1) of this subsection. SEC. 5. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF SOCIAL SECURITY ACCOUNT NUMBERS. (a) In General.--The Attorney General shall award grants to States and political subdivisions of States to carry out activities to remove, redact, or truncate, in accordance with the uniform standards for the method of truncation issued under section 3, all Social Security account numbers on forms and records of executive, legislative, and judicial agencies of States and political subdivisions of States that, as of the date that is 1 year after the date on which regulations are issued under section 6, would be displayed to the general public on the Internet in violation of section 4(b)(1). (b) Application.--A State or political subdivision of a State desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this subsection, $10,000,000 for each of fiscal years 2014 and 2015. SEC. 6. REGULATIONS. Not later than the date that is 6 months after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to carry out this Act. SEC. 7. GAO REPORT. Not later than 18 months after the effective date of the regulations issued by the Commissioner of Social Security under section 6, the Comptroller General of the United States shall report to Congress on the extent to which the uniform standards required under section 3 have resulted in the adoption of such standards by private entities, and whether these standards are likely to provide greater protection against fraud and identity theft than the practices adhered to prior to such date. The report shall include-- (1) a recommendation regarding-- (A) whether such standards should be mandatory for State and local governments and private entities, and if so, under what circumstances; and (B) whether making such standards mandatory for such entities (with respect to each circumstance identified under subparagraph (A)) would help prevent fraud, identity theft, and unauthorized access to consumers' personally identifiable information; and (2) recommendations for such additional legislation or administrative action as the Comptroller General determines appropriate to further reduce the risks of fraud, identity theft, and unauthorized access resulting from the transfer, sale, display, recording, or other utilization of Social Security account numbers. SEC. 8. PREEMPTION OF STATE LAW. This Act and the amendments made by this Act shall supersede a provision of State law only if, and only to the extent that, such provision conflicts with a requirement of this Act or an amendment made by this Act. SEC. 9. DEFINITIONS. In this Act-- (1) the term ``display to the general public on the Internet'' means, in connection with all or any portion of a Social Security account number, to post or to permit the continued presence of such number, or any portion of such number in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site; (2) the term ``Social Security account number'' means the account number assigned to an individual by the Commissioner of Social Security in the exercise of the Commissioner's authority under section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) and includes any derivative of such number; and (3) the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.

Safeguarding Social Security Numbers Act of 2013 - Directs the Commissioner of Social Security to issue uniform standards for the method for: (1) truncation of Social Security account numbers in order to facilitate their protection from use in fraud or identity theft, and (2) encryption (or other method of securing) of those numbers transmitted by means of the Internet. Applies such standards to the federal government whenever it: (1) displays a Social Security account number; and (2) transfers, records, or otherwise utilizes such a number. Prohibits a state, a local government, or any of their officers, employees, or contractors from displaying to the general public on the Internet all or any portion of any Social Security account number, except in compliance with such truncation and encryption standards or if the number belongs to a deceased individual. Prescribes a civil monetary penalty of up to $5,000 per day for violation of this prohibition. Directs the Attorney General to award grants to state and local governments to carry out activities to remove, redact, or truncate, in accordance with the uniform standards, all Social Security account numbers on forms and records of their executive, legislative, and judicial agencies that would be displayed to the general public on the Internet in violation of this Act.

Safeguarding Social Security Numbers Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Straits Marine Conservation Initiative Reauthorization Act of 2009''. SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT. The Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384; 112 Stat. 3458) is amended-- (1) in section 402, by striking ``(in this title referred to as the `Commission')''; (2) by striking sections 403 and 404; (3) by redesignating section 405 as section 410; and (4) by inserting after section 402 the following new sections: ``SEC. 403. FINDINGS. ``Congress makes the following findings: ``(1) The marine waters and ecosystem of the Northwest Straits in Puget Sound in the State of Washington represent a unique resource of enormous environmental and economic value to the people of the United States. ``(2) During the 20th century, the environmental health of the Northwest Straits declined dramatically as indicated by impaired water quality, declines in marine wildlife, collapse of harvestable marine species, loss of critical marine habitats, ocean acidification, and sea level rise. ``(3) At the start of the 21st century, the Northwest Straits have been threatened by sea level rise, ocean acidification, and other effects of climate change. ``(4) In 1998, the Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384) was enacted to tap the unprecedented level of citizen stewardship demonstrated in the Northwest Straits and create a mechanism to mobilize public support and raise capacity for local efforts to protect and restore the ecosystem of the Northwest Straits. ``(5) The Northwest Straits Marine Conservation Initiative helps the National Oceanic and Atmospheric Administration and other Federal agencies with their marine missions by fostering local interest in marine issues and involving diverse groups of citizens. ``(6) The Northwest Straits Marine Conservation Initiative shares many of the same goals with the National Oceanic and Atmospheric Administration, including fostering citizen stewardship of marine resources, general ecosystem management, and protecting federally managed marine species. ``(7) Ocean literacy and identification and removal of marine debris projects are examples of on-going partnerships between the Northwest Straits Marine Conservation Initiative and the National Oceanic and Atmospheric Administration. ``SEC. 404. DEFINITIONS. ``In this title: ``(1) Commission.--The term `Commission' means the Northwest Straits Advisory Commission established by section 402. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Northwest straits.--The term `Northwest Straits' means the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County. ``SEC. 405. MEMBERSHIP OF THE COMMISSION. ``(a) Composition.--The Commission shall be composed of up to 14 members who shall be appointed as follows: ``(1) One member appointed by a consensus of the members of a marine resources committee established under section 408 for each of the following counties of the State of Washington: ``(A) San Juan County. ``(B) Island County. ``(C) Skagit County. ``(D) Whatcom County. ``(E) Snohomish County. ``(F) Clallam County. ``(G) Jefferson County. ``(2) Two members appointed by the Secretary of the Interior in trust capacity and in consultation with the Northwest Indian Fisheries Commission or the Indian tribes affected by this title collectively, as the Secretary of the Interior considers appropriate, to represent the interests of such tribes. ``(3) One member appointed by the Governor of the State of Washington to represent the interests of the Puget Sound Partnership. ``(4) Four members appointed by the Governor of the State of Washington who-- ``(A) are residents of the State of Washington; and ``(B) are not employed by a Federal, State, or local government. ``(b) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(c) Chairperson.--The Commission shall select a Chairperson from among its members. ``(d) Meeting.--The Commission shall meet at the call of the Chairperson, but not less frequently than quarterly. ``(e) Liaison.-- ``(1) In general.--The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere and in consultation with the Director of the Commission appointed under section 407(a), shall appoint an employee of the National Oceanic and Atmospheric Administration-- ``(A) to serve as a liaison between the Commission and the Department of Commerce; and ``(B) to attend meetings and other events of the Commission as a nonvoting participant. ``(2) Limitation.--Service of an employee as an appointee under paragraph (1)-- ``(A) shall be limited to service as a liaison and attendance of meetings and other events as a nonvoting participant; and ``(B) does not obligate the employee to perform any duty of the Commission under section 406(b). ``SEC. 406. GOAL AND DUTIES OF THE COMMISSION. ``(a) Goal.--The goal of the Commission is to protect and restore the marine waters, habitats, and species of the Northwest Straits region to achieve ecosystem health and sustainable resource use by-- ``(1) designing and initiating projects that are driven by sound science, local priorities, community-based decisions, and the ability to measure results; ``(2) building awareness and stewardship and making recommendations to improve the health of the Northwest Straits marine resources; ``(3) maintaining and expanding diverse membership and partner organizations; ``(4) expanding partnerships with governments of Indian tribes affected by this title and continuing to foster respect for tribal cultures and treaties; and ``(5) recognizing the importance of economic and social benefits that are dependent on marine environments and sustainable marine resources. ``(b) Duties.--The duties of the Commission are the following: ``(1) To provide resources and technical support for marine resources committees established under section 408. ``(2) To work with such marine resources committees and appropriate entities of Federal and State governments and Indian tribes affected by this title to develop programs to monitor the overall health of the marine ecosystem of the Northwest Straits. ``(3) To identify factors adversely affecting or preventing the restoration of the health of the marine ecosystem and coastal economies of the Northwest Straits. ``(4) To develop scientifically sound restoration and protection recommendations, informed by local priorities, that address such factors. ``(5) To assist in facilitating the successful implementation of such recommendations by developing broad support among appropriate authorities, stakeholder groups, and local communities. ``(6) To develop regional projects based on such recommendations to protect and restore the Northwest Straits ecosystem. ``(7) To serve as a public forum for the discussion of policies and actions of Federal, State, or local government, an Indian tribe affected by this title, or the Government of Canada with respect to the marine ecosystem of the Northwest Straits. ``(8) To inform appropriate authorities and local communities about the marine ecosystem of the Northwest Straits and about issues relating to the marine ecosystem of the Northwest Straits. ``(9) To consult with all Indian tribes affected by this title to ensure that the work of the Commission does not violate tribal treaty rights. ``(c) Benchmarks.--The Commission shall carry out its duties in a manner that promotes the achieving of the benchmarks described in subsection (f)(2). ``(d) Coordination and Collaboration.--The Commission shall carry out the duties described in subsection (b) in coordination and collaboration, when appropriate, with Federal, State, and local governments and Indian tribes affected by this title. ``(e) Regulatory Authority.--The Commission shall have no power to issue regulations. ``(f) Annual Report.-- ``(1) In general.--Each year, the Commission shall prepare, submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Natural Resources of the House of Representatives, and the Under Secretary for Oceans and Atmosphere, and make available to the public an annual report describing-- ``(A) the activities carried out by the Commission during the preceding year; and ``(B) the progress of the Commission in achieving the benchmarks described in paragraph (2). ``(2) Benchmarks.--The benchmarks described in this paragraph are the following: ``(A) Protection and restoration of marine, coastal, and nearshore habitats. ``(B) Prevention of loss and achievement of a net gain of healthy habitat areas. ``(C) Protection and restoration of marine populations to healthy, sustainable levels. ``(D) Protection of the marine water quality of the Northwest Straits region and restoration of the health of marine waters. ``(E) Collection of high-quality data and promotion of the use and dissemination of such data. ``(F) Promotion of stewardship and understanding of Northwest Straits marine resources through education and outreach. ``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS. ``(a) Director.--The Manager of the Shorelands and Environmental Assistance Program of the Department of Ecology of the State of Washington may, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, appoint and terminate a Director of the Commission. The employment of the Director shall be subject to confirmation by the Commission. ``(b) Staff.--The Director may hire such other personnel as may be appropriate to enable the Commission to perform its duties. Such personnel shall be hired through the personnel system of the Department of Ecology of the State of Washington. ``(c) Administrative Services.--If the Governor of the State of Washington makes available to the Commission the administrative services of the State of Washington Department of Ecology, the Commission shall use such services for employment, procurement, grant and fiscal management, and support services necessary to carry out the duties of the Commission. ``SEC. 408. MARINE RESOURCES COMMITTEES. ``(a) In General.--The government of each of the counties referred to in subparagraphs (A) through (G) of section 405(a)(1) may establish a marine resources committee that-- ``(1) complies with the requirements of this section; and ``(2) receives from such government the mission, direction, expert assistance, and financial resources necessary-- ``(A) to address issues affecting the marine ecosystems within its county; and ``(B) to work to achieve the benchmarks described in section 406(f)(2). ``(b) Membership.-- ``(1) In general.--Each marine resources committee established pursuant to this section shall be composed of-- ``(A) members with relevant scientific expertise; and ``(B) members that represent balanced representation, including representation of-- ``(i) local governments, including planning staff from counties and cities with marine shorelines; ``(ii) affected economic interests, such as ports and commercial fishers; ``(iii) affected recreational interests, such as sport fishers; and ``(iv) conservation and environmental interests. ``(2) Tribal members.--With respect to a county referred to in subparagraphs (A) through (G) of section 405(a)(1), each Indian tribe with usual and accustomed fishing rights in the waters of such county and each Indian tribe with reservation lands in such county, may appoint one member to the marine resources committee for such county. Such member may be appointed by the respective tribal authority. ``(3) Chairperson.-- ``(A) In general.--Each marine resources committee established pursuant to this section shall select a chairperson from among members by a majority vote of the members of the committee. ``(B) Rotating position.--Each marine resources committee established pursuant to this section shall select a new chairperson at a frequency determined by the county charter of the marine resources committee to create a diversity of representation in the leadership of the marine resources committee. ``(c) Duties.--The duties of a marine resources committee established pursuant to this section are the following: ``(1) To assist in assessing marine resource problems in concert with governmental agencies, tribes, and other entities. ``(2) To assist in identifying local implications, needs, and strategies associated with the recovery of Puget Sound salmon and other species in the region of the Northwest Straits listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in coordination with Federal, State, and local governments, Indian tribes affected by this title, and other entities. ``(3) To work with other entities to enhance the scientific baseline and monitoring program for the marine environment of the Northwest Straits. ``(4) To identify local priorities for marine resource conservation and develop new projects to address those needs. ``(5) To work closely with county leadership to implement local marine conservation and restoration initiatives. ``(6) To coordinate with the Commission on marine ecosystem objectives. ``(7) To educate the public and key constituencies regarding the relationship between healthy marine habitats, harvestable resources, and human activities. ``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION. ``(a) Establishment.--The Director of the Commission and the Director of the State of Washington Department of Ecology, or his or her designee, may enter into an agreement with an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit foundation to support the Commission and the marine resources committees established under section 408 in carrying out their duties under this Act. ``(b) Designation.--The foundation authorized by subsection (a) shall be known as the `Northwest Straits Marine Conservation Foundation'. ``(c) Receipt of Grants.--The Northwest Straits Marine Conservation Foundation may, if eligible, apply for, accept, and use grants awarded by Federal agencies, States, local governments, regional agencies, interstate agencies, corporations, foundations, or other persons to assist the Commission and the marine resources committees in carrying out their duties under this Act. ``(d) Transfer of Funds.--The Northwest Straits Marine Conservation Foundation may transfer funds to the Commission or the marine resources committees to assist them in carrying out their duties under this Act.''. Passed the House of Representatives December 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Northwest Straits Marine Conservation Initiative Reauthorization Act of 2009 - Amends the Northwest Straits Marine Conservation Initiative Act to define "Northwest Straits" as the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County, Washington. Sets forth the membership of the Northwest Straits Advisory Commission. Directs the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, to appoint an employee of the National Oceanic and Atmospheric Administration (NOAA) to serve as a liaison between the Commission and the Department of Commerce and to attend the Commission's meetings and events as a nonvoting participant. States the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in Washington to achieve ecosystem health and sustainable resource use. Enumerates the duties of the Commission and establishes benchmarks for its work. Requires the Commission to submit annual reports to Congress and the Under Secretary on its activities and its progress in achieving specified benchmarks. Authorizes the Manager of the Shorelands and Environmental Assistance Program of Washington's Department of Ecology, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, to appoint and terminate a Director of the Commission. Requires the Director to be confirmed by the Commission. Provides for the establishment of marine resources committees in specified counties of Washington. Authorizes the Director of the Commission and the Director of the State of Washington Department of Ecology to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act.

To reauthorize the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes.