FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reservists Small Business Relief Act''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following new subsection: ``(n) Repayment Deferred for Active Duty Reservists.-- ``(1) In general.--The Administration shall, upon written request, defer repayment of a direct loan made pursuant to subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible Reserve and who received a direct loan under subsection (a) or (b) before being called or ordered to, or retained on, active duty as described in subparagraph (B); or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible Reserve, who is an owner, manager, or key employee described in subparagraph (C), was called or ordered to, or retained on, active duty as described in subparagraph (B). ``(B) Eligible reserve.--The term `eligible Reserve' means a member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or retention on active duty, during a period of military conflict. ``(C) Owner, manager, or key employee.--An eligible Reserve is an owner, manager, or key employee described in this subparagraph if the eligible Reserve is an individual who-- ``(i) has not less than a 20 percent ownership interest in the small business concern described in subparagraph (A)(ii); ``(ii) is a manager responsible for the day-to-day operations of such small business concern; or ``(iii) is a key employee (as defined by the Administration) of such small business concern. ``(D) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by the Congress; ``(ii) a period of national emergency declared by the Congress or by the President; or ``(iii) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, or retention on active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code. ``(3) Period of deferral.--The period of deferral for repayment under this subsection shall begin on the date on which the eligible Reserve is ordered to active duty during any period of military conflict and shall terminate on the later of-- ``(A) 180 days after the date on which such eligible Reserve is discharged or released from that active duty; and ``(B) 180 days after the date of enactment of this subsection.''. ``(4) No accrual of interest during deferral.--During the period of deferral described in paragraph (3), repayment of principal and interest on the deferred loan shall not be required and no interest shall accrue on such loan.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins ``Provided, That no loan'', the following new paragraph: ``(3)(A) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern (including a small business concern engaged in the lease or rental of real or personal property) that has suffered or is likely to suffer economic injury as the result of the owner, manager, or key employee of such small business concern being ordered to active duty during a period of military conflict. ``(B) Any loan or guarantee under this paragraph shall be made at an annual interest rate of not more than 4 percent, without regard to the ability of the small business concern to secure credit elsewhere. ``(C) No loan shall be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $500,000, except that the Administration may waive the $500,000 limitation if the Administration determines that the applicant constitutes a major source of employment in an area not larger than a county that is suffering a disaster. ``(D) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required. ``(E) For purposes of this paragraph-- ``(i) the term `period of military conflict' means-- ``(I) a period of war declared by the Congress; ``(II) a period of national emergency declared by the Congress or by the President; or ``(III) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, or retention on active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code; ``(ii) the term `economic injury' includes the inability of a small business concern to market or produce a product or to provide a service ordinarily provided by the small business concern; and ``(iii) the term `owner, manager, or key employee' means an individual who-- ``(I) has not less than a 20 percent ownership in the small business concern; ``(II) is a manager responsible for the day-to-day operations of such small business concern; or ``(III) is a key employee (as defined by the Administration) of such small business concern.''. (b) Conforming Amendments.--Section 4(c) of the Small Business Act (15 U.S.C. 633(c)) is amended-- (1) in paragraph (1), by striking ``7(b)(4),''; and (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8),''. SEC. 4. REGULATIONS. Not later than 30 days after the date of enactment of this Act, the Small Business Administration may issue such regulations as may be necessary to carry out the amendments made by sections 2 and 3. SEC. 5. APPLICABILITY AND EFFECTIVE DATES. (a) Applicability.--This Act and the amendments made by this Act shall not apply to any member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or retention on active duty, during a period of military conflict, who is eligible to participate in the Ready Reserve Mobilization Income Insurance Program established under section 512 of the National Defense Authorization Act for Fiscal Year 1996. (b) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall take effect on the date of enactment of this Act. (2) Exceptions.-- (A) Loan repayment deferral.--The amendment made by section 2 shall apply with respect to any eligible Reserve called or ordered to, or retained on, active duty as the result of a period of military conflict occurring on or after August 1, 1990. (B) Disaster loans.--The amendments made by section 3 shall apply to economic injury suffered or likely to be suffered as the result of a period of military conflict occurring on or after August 1, 1990. (c) Definitions.--For purposes of this section-- (1) the term ``economic injury'' has the same meaning as in section 7(b)(3)(E) of the Small Business Act, as added by section 3 of this Act; (2) the term ``eligible Reserve'' has the same meaning as in section 7(n)(2) of the Small Business Act, as added by section 2 of this Act; and (3) the term ``period of military conflict'' has the same meaning as in section 7(n)(2) of the Small Business Act, as added by section 2 of this Act.

Military Reservists Small Business Relief Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), upon request, to defer repayment of a direct loan made to: (1) an individual who is a reservist who received such loan before being called or ordered to, or retained on, active duty; or (2) a small business that received such loan before a reservist who is an owner, manager, or key employee of such small business was so called, ordered, or retained. Extends the loan deferral period from the date the individual is so called, ordered, or retained until the later of 180 days after: (1) such individual is released; or (2) the enactment of this Act, with no accrual of interest during such period. Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of its owner, manager, or key employee being ordered to active duty during a period of military conflict. Limits to $500,000 the amount outstanding and committed on each loan.

Military Reservists Small Business Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robocall Enforcement Improvements Act of 2014''. SEC. 2. ENFORCEMENT AUTHORITY RELATING TO NON-LICENSEE ROBOCALLERS. (a) Authority To Impose Forfeitures Without First Issuing Citations.--Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended in the second sentence-- (1) by striking ``or in the case of'' and inserting ``in the case of''; and (2) by inserting before the period at the end the following: ``, or if the person involved is engaging in violations of section 227(b)(1) of this title''. (b) Expansion of Statute of Limitations.--Section 503(b)(6)(B) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended-- (1) by striking ``occurred more than 1 year'' and inserting the following: ``occurred-- ``(i) except as provided in clause (ii), more than 1 year''; (2) by striking ``liability.'' and inserting ``liability; or''; and (3) by inserting after clause (i), as designated, the following: ``(ii) in the case of a violation of section 227(b)(1) of this title, more than 3 years prior to the date of issuance of the required notice of apparent liability.''. (c) Increase in Maximum Forfeiture.--Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended-- (1) in subparagraph (D), by striking ``or (C)'' and inserting ``(C), (F), or (G)''; and (2) by adding at the end the following: ``(G) If the violator does not hold, and is not an applicant for, a license, permit, certificate, or other authorization issued by the Commission-- ``(i) the amount of any forfeiture penalty determined under this subsection for a violation of section 227(b)(1) of this title shall not exceed $25,000 for each violation or each day of a continuing violation; and ``(ii) there shall be no limit on the total amount assessed for any continuing violation of section 227(b)(1) of this title.''. SEC. 3. AMENDMENTS TO TRUTH IN CALLER ID ACT OF 2009. (a) Communications From Outside United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``or any person outside the United States if the recipient is within the United States,'' after ``United States,''. (b) Clarification of Definition of ``IP-Enabled Voice Service''.-- Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)(C)) is amended by striking ``has the meaning'' and all that follows and inserting the following: ``means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.''. (c) Spoofing Service.-- (1) In general.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended-- (A) by striking paragraph (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: ``(3) Spoofing services.-- ``(A) In general.--A provider of a spoofing service shall take such steps as the Commission may prescribe to verify that a person does not use the service in violation of this subsection. ``(B) Recordkeeping and reporting.--The Commission shall impose reasonable recordkeeping and reporting obligations on a provider of a spoofing service, and shall adopt any other regulation that the Commission determines necessary, to prevent or investigate violations of this subsection. ``(C) Subpoena authority.--Notwithstanding chapter 121 of title 18, United States Code, for purposes of enforcing this subsection, the Commission may by subpoena require a provider of a spoofing service to disclose to the Commission the caller identification information transmitted by a subscriber to or customer of the spoofing service.''; and (D) in paragraph (8), by adding at the end the following: ``(D) Spoofing service.--The term `spoofing service' means a service that substitutes, or permits a user to substitute, another name or any number (including a telephone number, pseudo-number, or other number) for display as the caller identification information for a call or text message.''. (2) Conforming amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)), as amended by subsection (a), is amended by striking ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)''. (d) Text Messaging Service.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by inserting ``(including a text message sent using a text messaging service)'' before the period at the end; (2) in the first sentence of subparagraph (B), by inserting ``(including a text message sent using a text messaging service)'' before the period at the end; and (3) by adding at the end the following: ``(D) Text message.--The term `text message'-- ``(i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(E) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an IP-enabled voice service.''. (e) Savings Clause.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended by adding at the end the following: ``(10) Savings clause.--Nothing in this subsection shall be construed to-- ``(A) modify or limit the authority of the Commission under the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394), the amendments made by that Act, or the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.), as of the day before the date of enactment of the Robocall Enforcement Improvements Act of 2014, to interpret the term `call' to include a text message; or ``(B) modify, limit, or otherwise affect any rule or order adopted by the Commission in connection with the Telephone Consumer Protection Act of 1991, the amendments made by that Act, or the CAN-SPAM Act of 2003.''. (f) Regulations.-- (1) In general.--Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking ``Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission'' and inserting ``The Commission''. (2) Deadline.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (g) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls; and (2) the Federal Government, including the Federal Communications Commission and the Federal Trade Commission, should encourage telecommunications carriers to develop and implement the services described in paragraph (1).

Robocall Enforcement Improvements Act of 2014 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to impose forfeiture penalties without first sending a citation regarding the charged violation against persons not licensed by the FCC who violate prohibitions on the use of automated telephone equipment. (Currently, if existing exceptions do not apply, forfeiture penalties may not be imposed unless the person is sent a citation prior to a notice of apparent liability and that person subsequently engages in the same type of conduct described in the citation.) Expands the statute of limitations period and increases the maximum forfeiture penalty applicable to non-licensed automated telephone equipment violations. Expands prohibitions on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Directs providers of spoofing services to take such steps as the FCC may prescribe to verify that users do not engage in caller identification information violations. Defines "spoofing service" as a service that substitutes, or permits a user to substitute, another name or any number for display as the caller identification information for a call or text message. Requires the FCC to impose recordkeeping and reporting obligations on spoofing service providers. Authorizes the FCC to subpoena caller identification information transmitted by a subscriber to or customer of the spoofing service. Expands the definition "caller identification information" to include text messages. Expresses the sense of Congress that: (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls, and (2) the federal government should encourage telecommunications carriers to develop and implement such services.

Robocall Enforcement Improvements Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Service for Healthier Kids Act''. SEC. 2. INTERAGENCY AGREEMENT TO PROMOTE NUTRITION ASSISTANCE PROGRAMS. (a) Interagency Agreement.-- (1) Secretary of agriculture.-- (A) In general.--From the amounts appropriated under subsection (c), the Secretary of Agriculture may enter into an interagency agreement, in accordance with section 192A(g)(10) of the National and Community Service Act of 1990 (42 U.S.C. 12651b(g)(10)), with the Corporation for National and Community Service to support a Nutrition Corps to carry out the national service programs described in subsection (b) by providing services that-- (i) increase access to, and participation in, the nutrition assistance programs administered by the Secretary of Agriculture; (ii) improve the quality of the nutrition assistance programs; and (iii) support local agriculture and farm to school initiatives undertaken by the Secretary of Agriculture. (B) Nutrition corps assistance.--From the amounts appropriated under subsection (c), the Secretary of Agriculture, in entering into the interagency agreement under subparagraph (A), may provide to the Corporation for National and Community Service-- (i) funds to be transferred to the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601) to provide in-service or post-service benefits to; or (ii) funds to otherwise support, participants serving in the Nutrition Corps who are enrolled in a national service program authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). (2) Corporation for national and community service.--The Corporation, in entering into the interagency agreement under paragraph (1), shall approve, in accordance with section 192A(g)(10) of the National and Community Service Act of 1990 (42 U.S.C. 12651b(g)(10)), positions for the national service programs carried out by the Nutrition Corps as approved national service positions. (b) Nutrition Corps.-- (1) National service programs.--The national service programs carried out by the Nutrition Corps shall-- (A) address unmet health needs within communities by providing services that-- (i) improve access to, and increase participation in, the nutrition assistance programs administered by the Secretary of Agriculture; (ii) improve the quality of the nutrition assistance programs; and (iii) support local agriculture and farm- to-school initiatives undertaken by the Secretary of Agriculture; and (B) comply with the nonduplication and nondisplacement requirements of section 177 of the National and Community Service Act (42 U.S.C. 12637). (2) Services authorized to be provided.--The services provided by the national service programs under paragraph (1) may include-- (A) helping expand in-classroom breakfast under the school breakfast program authorized under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) by assisting with set up and clean up; (B) expanding access to the summer food service program authorized under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) by assisting with activities for children, transporting and preparing food, and conducting outreach to recruit sponsors and participants; (C) helping educate and train program providers for the nutrition assistance programs, which may include assisting home providers under the child and adult care food program authorized under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1786) in promoting healthy food choices and physical activity among children; (D) helping clinics participating in the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) with services requested by such clinics; (E) conducting community needs assessments in support of efforts to reduce obesity, promote healthy eating, and end childhood hunger; (F) helping promote local agriculture and farm-to- school initiatives undertaken by the Secretary of Agriculture; and (G) coordinating and convening community stakeholders to cross-promote nutrition programs and lead related planning processes. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal year 2011 and each of fiscal years 2012 through 2015.

Service for Healthier Kids Act - Authorizes the Secretary of Agriculture to enter into an interagency agreement with the Corporation for National and Community Service that provides the Corporation with funding for a Nutrition Corps to carry out national service programs that: (1) increase access to, participation in, and the quality of, the nutrition assistance programs the Secretary administers; and (2) support local agriculture and farm to school initiatives undertaken by the Secretary.

To authorize the Secretary of Agriculture to enter into an interagency agreement with the Corporation for National and Community Service to support a Nutrition Corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Learning Opportunities Created At Local Level Act'' or the ``LOCAL Level Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Section 9527 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907), as in effect on the day before the date of enactment of this Act, prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school's curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under such Act. (2) Section 9529 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7909), as in effect on the day before the date of enactment of this Act, prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any Federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. (3) Despite these prohibitions, the Secretary of Education, through 3 separate initiatives, has created a system of waivers and grants that influence, incentivize, and coerce State educational agencies into implementing common national elementary and secondary school standards and assessments endorsed by the Secretary. (4) The Race to the Top Fund, as established by the Secretary of Education under sections 14005 and 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5, 123 Stat. 282), encouraged and incentivized States to adopt the Common Core State Standards developed by the National Governors Association Center for Best Practices and the Council of Chief State School Officers. (5) The Race to the Top assessment grants awarded to the Partnership for Assessment of Readiness for College and Careers (PARCC) and Smarter Balanced Assessment Consortium (SMARTER Balance) initiated the development of assessments aligned with the Common Core State Standards that will, in turn, inform and ultimately influence kindergarten through grade 12 curriculum and instructional materials. (6) The conditions imposed by the Secretary of Education through the flexibility waiver authority provided to the Secretary pursuant to section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) have coerced States into accepting Common Core State Standards and assessments aligned with such Standards. (b) Sense of Congress.--It is the sense of Congress that-- (1) States and local educational agencies should maintain the rights and responsibilities of determining educational curricula, programs of instruction, and assessments for elementary and secondary education; and (2) States are sovereign entities that deserve deep and abiding respect from the Federal Government, and State legislatures have a responsibility to their citizens to resist Federal encroachment on the constitutional autonomy of States regarding education. SEC. 3. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS. Section 9527 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907) is amended to read as follows: ``SEC. 9527. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. ``(a) In General.--An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including through any waiver provided under the Secretary's authority pursuant to section 9401)-- ``(1) mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction (including through any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States); ``(2) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standards, assessments, curriculum, or program of instruction as described in paragraph (1), which shall include providing any priority, preference, or special consideration during the application process based on any specific content, standards, assessments, curriculum, or program; ``(3) mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; or ``(4) make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of specific instructional content, academic standards, assessments, curriculum, or program of instruction, (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), even if such requirements are specified in section 14006 or 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 281) or any other Act. ``(b) Rule of Construction.--Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly, whether through a grant, contract, or cooperative agreement (including through any waiver provided under the Secretary's authority pursuant to section 9401), to do any activity prohibited under subsection (a). ``(c) Prohibition on Endorsement of Curriculum.--Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly, through grants, contracts, or cooperative agreements (including through any waiver provided under the Secretary's authority pursuant to section 9401), to endorse, approve, develop, require, or sanction any curriculum designed to be used in an elementary school or secondary school, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative, or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. ``(d) Prohibition on Requiring Federal Approval or Certification of Standards.--Notwithstanding title I, part A of title VI, or any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. ``(e) Rule of Construction on Building Standards.--Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.''. SEC. 4. PROHIBITION ON FEDERALLY SPONSORED TESTING AND TESTING MATERIALS. Section 9529 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7909) is amended to read as follows: ``SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING AND TESTING MATERIALS. ``(a) General Prohibition.--Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute-- ``(1) any Federally sponsored national test or testing materials in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law; or ``(2) any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. ``(b) Exceptions.--Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(5) of the Education Sciences Reform Act of 2002 and administered to only a representative sample of pupils in the United States and in foreign nations.''. SEC. 5. PROHIBITION ON THE USE OF RACE TO THE TOP FUNDS FOR COMMON CORE STATE STANDARDS ASSESSMENTS. Notwithstanding any other provision of law, no funds provided under section 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 283) shall be used to develop, pilot test, field test, implement, administer, or distribute any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States.

Learning Opportunities Created At Local Level Act or the LOCAL Level Act - Expresses the sense of Congress that state and local prerogatives over elementary and secondary education need to be preserved. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit any federal officer or employee from directly or indirectly, through grants, contracts, or other cooperative agreements under the ESEA: mandating, directing, or controlling a state's, local educational agency's (LEA's), or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction; incentivizing such an entity's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction; mandating a state or any subdivision thereof to spend any funds or incur any costs not paid for under the ESEA; or conditioning the availability of financial support on a state's, LEA's, or school's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction, even if such conditions are specified under any other Act. Prohibits any funds provided to the Department of Education under the ESEA from being used by the Department directly or indirectly, through grants, contracts, or other cooperative agreements, to endorse, approve, develop, require, or sanction any elementary or secondary school curriculum. Prohibits conditioning any state's receipt of ESEA assistance on the approval or certification of its academic standards by the federal government. Includes in the prohibition against the use of ESEA funds on federally sponsored testing and testing materials such use on any assessment or testing materials aligned to the Common Core State Standards or any other academic standards common to a significant number of states. Prohibits the use of Race to the Top funds, provided under the American Recovery and Reinvestment Act of 2009, on such aligned assessment or testing materials.

LOCAL Level Act

SECTION 1. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS GUARANTEED UNDER TITLE 38. (a) In General.--(1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3714 the following new section: ``Sec. 3715. Loans to refinance delinquent indebtedness ``(a)(1) The Secretary may, at the Secretary's option, provide assistance to a veteran under this section for the purpose of avoiding the foreclosure of a housing loan made to that veteran and guaranteed by the Secretary under section 3710 or 3712 of this title (hereinafter in this section referred to as a `primary loan'). ``(2) Assistance under this section shall be in the form of a loan to the veteran. Such assistance may be provided only if-- ``(A) the dwelling that secures the primary loan is the current residence of the veteran and is occupied by the veteran as the veteran's home; ``(B) the veteran is at least six months delinquent in payments on that primary loan; ``(C) the veteran has lost employment or has had a substantial reduction in household income (as defined in regulations prescribed by the Secretary) through no fault of the veteran; and ``(D) the Secretary determines that there is a reasonable prospect that the veteran will be able to resume payment on the primary loan within six months after receiving assistance under this section. ``(3) For the purposes of this section, the term `veteran' includes the surviving spouse of a veteran if the surviving spouse was a co- obligor of the primary loan. ``(b)(1) A loan under this section shall be advanced to the holder of the primary loan. The amount of the loan under this subsection shall first be applied to the amount delinquent on the loan guaranteed under this chapter including any amount delinquent on taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage. ``(2) The Secretary may make more than one loan under this section to a veteran. The total amount of loans under this section to any veteran may not exceed $10,000. ``(c) A loan under this section-- ``(1) shall bear no interest until the date on which payments on the primary loan (including amounts for taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage) are current; ``(2) shall be secured by a lien on the property securing the primary loan and by such other security as the Secretary may require; and ``(3) shall be subject to such additional terms and conditions as the Secretary may require. ``(d) As a condition of receiving a loan under this section the veteran shall execute an agreement, in such form as the Secretary may prescribe, to repay the loan within a reasonable period of time, as determined by the Secretary, not to exceed 15 years from the date on which such loan is made. If the Secretary determines that the veteran has sufficient income or other resources to do so, the Secretary may require the veteran to make partial payments on the primary loan guaranteed under this chapter during the period the holder of that loan is applying the amount of the loan under this section to payments becoming due on the primary loan. ``(e) Notwithstanding any other law, the Secretary may employ attorneys to bring suit to collect any amount of a loan under this section on which the veteran to whom the loan is made is in default. ``(f) The Secretary's decisions on any question of law or fact regarding assistance under this section, including whether or not to grant such assistance and the terms and conditions under which such assistance is granted or not granted, shall be final and conclusive, and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise. ``(g) A loan under this section shall be made from the fund established under section 3724 or 3725 of this title that is available with respect to the primary loan in connection with which the loan is made under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3714 the following new item: ``3715. Loans to refinance delinquent indebtedness.''. (b) Effective Date.--The amendments made by subsection (a), shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 2. FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this title, discount''. SEC. 3. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES. Section 3707(b)(2) of title 38, United States Code, is amended by striking out ``on the anniversary of the date on which the loan was closed''.

Authorizes the Secretary of Veterans Affairs to provide assistance to a veteran to avoid foreclosure of a housing loan made and guaranteed by the Secretary through the Department of Veterans Affairs. Requires such assistance to be in the form of a loan. Outlines loan conditions, including that: (1) the dwelling that secures the primary loan is the current residence of the veteran; (2) the veteran is at least six months delinquent in mortgage payments; (3) the veteran has lost employment or suffered a substantial reduction in household income; and (4) there is a reasonable prospect that the veteran will be able to resume payment on the mortgage loan within six months after receiving such assistance. Authorizes the Secretary to make more than one loan to a veteran, with a per-veteran loan limitation of $10,000. Requires the veteran to execute an agreement with the Secretary to repay the loan within a reasonable period not to exceed 15 years. Frees the veteran from the payment of discount points for such loan. Revises the method of interest rate adjustment on mortgage loans guaranteed by the Secretary in a FY 1993 through 1995 demonstration project for guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under the National Housing Act.

To amend title 38, United States Code, to provide mortgage payment assistance to avoid foreclosure of home loans guaranteed under title 38, and for other purposes.

SECTION 1. CONSENT OF CONGRESS TO THE HISTORIC CHATTAHOOCHEE COMPACT BETWEEN THE STATES OF ALABAMA AND GEORGIA. The consent of Congress is given to the amendment of articles I, II, and III of the Historic Chattahoochee Compact between the States of Alabama and Georgia, which articles, as amended, read as follows: ``ARTICLE I ``The purpose of this compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism and to establish a joint interstate authority to assist in these efforts. ``ARTICLE II ``This compact shall become effective immediately as to the States ratifying it whenever the States of Alabama and Georgia have ratified it and Congress has given consent thereto. ``ARTICLE III ``The States which are parties to this compact (hereinafter referred to as `party States') do hereby establish and create a joint agency which shall be known as the Historic Chattahoochee Commission (hereinafter referred to as the `Commission'). The Commission shall consist of 28 members who shall be bona fide residents and qualified voters of the party States and counties served by the Commission. Election for vacant seats shall be by majority vote of the voting members of the Commission board at a regularly scheduled meeting. In Alabama, two shall be residents of Barbour County, two shall be residents of Russell County, two shall be residents of Henry County, two shall be residents of Chambers County, two shall be residents of Lee County, two shall be residents of Houston County, and two shall be residents of Dale County. In Georgia, one shall be a resident of Troup County, one shall be a resident of Harris County, one shall be a resident of Muscogee County, one shall be a resident of Chattahoochee County, one shall be a resident of Stewart County, one shall be a resident of Randolph County, one shall be a resident of Clay County, one shall be a resident of Quitman County, one shall be a resident of Early County, one shall be a resident of Seminole County, and one shall be a resident of Decatur County. In addition, there shall be three at- large members who shall be selected from any three of the Georgia member counties listed above. The Commission at its discretion may appoint as many advisory members as it deems necessary from any Georgia or Alabama County which is located in the Chattahoochee Valley area. The contribution of each party State shall be in equal amounts. If the party States fail to appropriate equal amounts to the Commission during any given fiscal year, voting membership on the Commission board shall be determined as follows: The State making the larger appropriation shall be entitled to full voting membership. The total number of members from the other State shall be divided into the amount of the larger appropriation and the resulting quotient shall be divided into the amount of the smaller appropriation. The then resulting quotient, rounded to the next lowest whole number, shall be the number of voting members from the State making the smaller contribution. The members of the Commission from the State making the larger contribution shall decide which of the members from the other State shall serve as voting members, based upon the level of tourism, preservation, promotional activity, and general support of the Commission's activities by and in the county of residence of each of the members of the State making the smaller appropriation. Such determination shall be made at the next meeting of the Commission following September 30 of each year. Members of the Commission shall serve for terms of office as follows: Of the 14 Alabama members, one from each of said counties shall serve for two years and the remaining member of each county shall serve for four years. Upon the expiration of the original terms of office of Alabama members, all successor Alabama members shall be appointed for four-year terms of office, with seven vacancies in the Alabama membership occurring every two years. Of the 14 Georgia members, seven shall serve four-year terms and seven two-year terms for the initial term of this compact. The terms of the individual Georgia voting members shall be determined by their place in the alphabet by alternating the four- and two-year terms beginning with Chattahoochee County, four years, Clay County, two years, Decatur County, four years, etc. Upon the expiration of the original terms of office of Georgia members, all successor Georgia members shall be appointed for four-year terms of office, with seven vacancies in the Georgia membership occurring every two years. Of the three Georgia at-large board members, one shall serve a four-year term and two shall serve two-year terms. ``All board members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the voting members of the Commission. The first chairman of the commission created by this compact shall be elected by the board of directors from among its voting membership. Annually thereafter, each succeeding chairman shall be selected by the members of the Commission. The chairmanship shall rotate each year among the party States in order of their acceptance of this compact. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred in the performance of the duties of the Commission.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Grants the consent of the Congress to the amendment to articles I, II, and III of the Historic Chattahoochee Compact between Alabama and Georgia which: (1) provide that the purpose of the Compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism; (2) make such Compact effective immediately as to the States ratifying it whenever Alabama and Georgia have ratified it and the Congress has given its consent; and (3) permit the two States to establish a joint agency to be known as the Historic Chattahoochee Commission.

To grant the consent of Congress to an amendment of the Historic Chattahoochee Compact between the States of Alabama and Georgia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Facilities Financing Act''. SEC. 2. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS. (a) Definitions.--In this section: (1) Child care facility.--The term ``child care facility'' means a center-based or home-based child care facility. (2) Eligible intermediary.--The term ``eligible intermediary'' means a private, nonprofit intermediary organization that has demonstrated experience in-- (A) providing technical or financial assistance for the construction and renovation of physical facilities; (B) providing technical or financial assistance to child care providers; and (C) securing private sources for capital financing of child care or other low-income community development. (3) Eligible recipient.--The term ``eligible recipient'' means-- (A) any existing or new center-based or home-based child care provider that provides services to eligible children under a program carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), or another program serving low-income children as determined by the Secretary; and (B) any organization in the process of establishing a center-based or home-based child care program or otherwise seeking to provide child care services to children described in subparagraph (A). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Grant Authority.--The Secretary may award grants on a competitive basis in accordance with this section to eligible intermediaries to assist the intermediaries in carrying out the activities described in subsection (e). (c) Applications.--To be eligible to receive a grant under this section an eligible intermediary shall submit to the Secretary an application, in such form and containing such information as the Secretary may require. (d) Priority.-- (1) In general.--In awarding grants under this section the Secretary shall give priority to applicants under subsection (c) that propose to assist eligible recipients that serve-- (A) low-income areas, such as-- (i) a community that-- (I) is in a metropolitan area; and (II) has a median household income that is not more than 80 percent of the median household income of the metropolitan area; or (ii) a community that-- (I) is not in a metropolitan area; and (II) has a median income that is not more than 80 percent of the median household income of the State in which the community is located; or (B) low-income individuals, such as an individual who is an eligible child, as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m). (2) Definition.--In this subsection, the term ``metropolitan area'' has the meaning given the term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (e) Use of Funds.-- (1) Revolving fund.--Each eligible intermediary that receives a grant under this section shall deposit the grant amount into a child care revolving fund established by the eligible intermediary. (2) Payments from fund.--Subject to subsection (f), from amounts deposited into the revolving fund under paragraph (1), each eligible intermediary shall provide technical and financial assistance (in the form of loans, grants, investments, guarantees, interest subsidies, and other appropriate forms of assistance) to eligible recipients to pay for the Federal share of the cost of the acquisition, construction, or improvement of child care facilities or equipment, or for the improvement of related management and business practices, for each such recipient. The amounts may be used solely for the purpose of providing technical or financial assistance. (3) Loan repayments and investment proceeds.--Any amount received by an eligible intermediary from an eligible recipient in the form of a loan repayment or investment proceeds shall be deposited into the child care revolving fund of the eligible intermediary for redistribution to other eligible recipients in accordance with this section. (f) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (e)(2) shall be not more than 50 percent. (2) Non-federal share.--The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2002 through 2006.

Child Care Facilities Financing Act - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible intermediaries to deposit into child care revolving funds for technical and financial assistance to eligible recipients to pay the Federal matching share of costs of acquisition, construction, or improvement of center-based or home-based child care facilities or equipment, or for the improvement of related management and business practices.

A bill to provide for the acquisition, construction, and improvement of child care facilities or equipment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George C. Marshall Commemorative Coin Act of 1993''. SEC. 2. GEORGE C. MARSHALL COMMEMORATIVE COINS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of the end of World War II and General George C. Marshall's participation in service during World War II. (2) Specifications and design of coins.--The coins issued under this Act 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) Design.--The design of the coins issued under this Act shall have the likeness of George C. Marshall on obverse side of such coin. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', 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, the 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 Materials Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be-- (1) selected by the Secretary after consultation with the Friends of George C. Marshall and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Advisory Committee. SEC. 5. MINTING AND ISSUANCE OF COINS. (a) Uncirculated and Proof Qualities.--The Secretary may mint and issue the coins authorized under this Act in uncirculated and proof qualities. (b) Use of the United States Mint.--The Secretary may not use more than 1 facility of the United States Mint to strike each quality of the coins minted under this Act. (c) Commencement of Authority To Sell Coins.--The Secretary may begin selling the coins minted under this Act on January 1, 1995. (d) Termination of Authority To Mint Coins.--The Secretary may not mint the coins authorized under this Act after December 31, 1995. 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) Bulk Sales.--The Secretary shall make any bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act before the issuance of such coins. Sale prices with respect to such repaid orders shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $7 per coin. SEC. 7. 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 Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. SEC. 8. AUDITS. The Comptroller General of the United States shall conduct an annual audit of such books, records, documents, and other data of the Friends of George C. Marshall, as may be related to the expenditures of amounts paid under section 7 until all amounts have been received by the Friends of George C. Marshall and the expenditures of such amounts have been audited. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins authorized under this Act shall result in no net costs to the Federal Government. (b) Payments for the Coins.--The Secretary may not sell a coin minted under this Act unless the Secretary has received-- (1) full payment for such coin; (2) security satisfactory to the Secretary to indemnify the Federal Government 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. SEC. 10. 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.

George C. Marshall Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins in commemoration of the end of World War II and General George C. Marshall's participation in service during such War; and (2) pay surcharges received from coin sales to the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania.

George C. Marshall Commemorative Coin Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Building Access Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Two models of community programs for the uninsured have emerged as effective in generating community support and funding in urban and rural areas; in providing effective care and coverage for the uninsured; in avoiding displacement of private coverage; and in avoiding duplication of other Federal programs for the uninsured. (2) These community models have demonstrated community-wide economic benefit. Employers in the community experience less health care cost-shifting, in addition to increased productivity and employee retention. With greater emphasis on preventive and chronic care, a community's uninsured population becomes less of a financial burden on State and local budgets. (3) These community models have demonstrated potential national solutions for certain uninsured populations, including the working uninsured. Such lessons learned from these models include, for example, the level of subsidy necessary to get small employers to purchase coverage for their employees, how to effectively market access programs to the uninsured, and how to effectively manage chronic care among lower-income populations. (4) These community models have succeeded in raising much of the funding necessary to function, but have lacked financial stability and would enjoy greater success with a stable partial funding stream from the Federal Government. (5) These community models, if involved in a Federal partnership, have the ability and willingness to be accountable for a return on investment for Federal funding, and to disseminate expertise to like-minded communities. SEC. 3. GRANTS FOR MULTI-SHARE HEALTH CARE COVERAGE PROJECTS FOR UNINSURED WORKING INDIVIDUALS. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330M. MULTI-SHARE HEALTH CARE COVERAGE PROJECTS FOR UNINSURED WORKING INDIVIDUALS. ``(a) In General.--The Secretary shall make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of-- ``(1) making available, on a cost-sharing basis as described in subsection (c)(2)(C), health care coverage to qualifying employees through employers that have not contributed to health care benefits for employees during the 12-month period prior to participating in such a project; and ``(2) making available, on such basis, health care coverage to qualifying self-employed individuals who have been without such coverage during the 12-month period prior to participating in such a project. ``(b) Qualifying Employees and Self-Employed Individuals.--For purposes of this section, the term `qualifying', with respect to an employee or self-employed individual, means that the employee or self- employed individual is not eligible for health services under the program under title XVIII, XIX, or XXI of the Social Security Act (relating to the Medicare program, the Medicaid program, and the State children's health insurance program, respectively). ``(c) Requirements for Grant.-- ``(1) In general.--A grant may be made under subsection (a) for a project only if the applicant involved-- ``(A) has defined a service area for the project; ``(B) has formed a consortium of entities in such service area, which consortium is composed of employers whose employees may or may not be served by the project, health care providers who will provide services through the project, and other appropriate entities; ``(C) has ensured that the consortium has established a set of unified goals for the project; ``(D) has conducted a basic level of demographic research to obtain data on the uninsured businesses, working uninsured, and provider community within the service area in order to determine the potential value and effectiveness of operating such a project, which data includes-- ``(i) the rate of uncompensated care; ``(ii) the number of women lacking prenatal services; ``(iii) immunization rates; and ``(iv) the number of employers that do not provide health insurance to their employees; and ``(E) has conducted a basic evaluation of State health insurance and local laws that might impact the implementation of the project. ``(2) Agreements.--A grant may be made under subsection (a) for a project only if the applicant involved agrees as follows: ``(A) Eligibility criteria will be established for employers to participate in the project, including the requirement that the employers be located within the service area defined under paragraph (1)(A) for the project, which may include-- ``(i) a maximum average income earned by the employees of the business; ``(ii) criteria, in addition to the 12- month periods under subsection (a), to avoid creating any incentive for an employer or self- employed individual to discontinue health plans or health insurance policies; and ``(iii) such other criteria as the consortium under paragraph (1)(B) considers to be appropriate. ``(B) A network of health care providers will be formed to provide services to qualifying employees and self-employed individuals who participate in the project, which services will be provided according to a schedule of fees and copayments negotiated by the project. ``(C) Of the cost of providing health care coverage through the project-- ``(i) not more than 30 percent will be paid by the project with funds from the grant; and ``(ii) not less than 70 percent will be paid by the employer, the employee, and any additional sources of funds (such as the community in which the project is located) that may be available pursuant to arrangements with the project. ``(D) A minimum benefit package will be selected that includes-- ``(i) physicians services; ``(ii) prescription drug benefits; ``(iii) in-patient hospital services; ``(iv) out-patient services; ``(v) emergency room visits; ``(vi) emergency ambulance services; and ``(vii) diagnostic laboratory tests and x- rays. With respect to compliance with the agreement under this subparagraph, the project is not required to provide coverage for any service performed outside the service area of the project, except to the extent that a service specified in any of clauses (i) through (vii) is not reasonably available within the service area. ``(E) The minimum benefit package will not exclude coverage of a medical condition on the basis that it is a pre-existing condition. ``(F) An entity will be selected by the consortium under paragraph (1)(B) to carry out administrative and accounting functions with respect to the health care coverage to be offered by the project, including monthly billings, verification and enrollment of eligible employers and employees, maintenance of membership rosters, operation of the utilization management program under subparagraph (G), and development of a marketing plan. ``(G) A utilization management program will be selected that ensures delivery of care in the appropriate setting, using appropriate resources and clinical practice guidelines. ``(H) A plan will be implemented for measuring quality and efficiency of care provided through the project within 2 years after the project begins operation. ``(I) A plan will be implemented for managing care for enrollees with chronic illness, as well as additional cost-control initiatives that will be employed by the project within 2 years after the project begins operation. ``(J) A plan will be implemented for protecting the project from high risks, which may include affiliation with State high-risk pool or local safety net program, and purchase of reinsurance. ``(K) A plan will be implemented for evaluating the project on an interim basis, not less frequently than annually. ``(d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Authorization of Appropriations.--For the purpose of making grants under subsection (a), there is authorized to be appropriated $36,000,000 in the aggregate for the fiscal years 2010 through 2016, of which there are authorized to be appropriated amounts as follows: ``(1) For fiscal year 2010, $2,000,000. ``(2) For each of the fiscal years 2011 and 2012, $5,000,000. ``(3) For each of the fiscal years 2013 through 2016, $6,000,000. ``SEC. 330N. GRANTS FOR VOLUNTEER SPECIALTY PROVIDER NETWORKS. ``(a) In General.--The Secretary shall make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of forming and maintaining networks composed of health care specialists who volunteer health services to eligible individuals. ``(b) Eligible Individuals.--For purposes of this section, the term `eligible individual' means an individual who has been enrolled by a project under subsection (a) and-- ``(1) whose employer does not provide health care coverage; ``(2) is unable to obtain health care coverage through a family member or common law partner; ``(3) is at or below a poverty level specified by the Secretary; and ``(4) is not eligible for health services under the program under title XVIII, XIX, or XXI of the Social Security Act (relating to the Medicare program, the Medicaid program, and the State children's health insurance program, respectively). ``(c) Qualified Grant Expenditures.--A grant may be made under subsection (a) for a project only if the applicant involved agrees that the grant will be expended to assist specialists that are participants in the network involved through any or all of the following means: ``(1) Paying nominal administrative fees to the participants for the costs of providing services to eligible individuals. ``(2) Assisting with the cost of training primary care practitioners to manage the chronic conditions that are most often treated by the network specialists. ``(3) Assisting participants with the costs of providing fees to recruit specialists to practice in the service area of the project. ``(4) Assisting with the costs of operating a community clinic staffed by volunteer network specialists. ``(5) Assisting participants with the costs of installing or operating information technology that is of benefit to patients, such as technology to avoid medical errors or to facilitate the authorized electronic transfer of the health records of eligible individuals. ``(6) Paying for necessary prescription drug costs for necessary treatment prescribed by network specialists. ``(7) Such additional means as the Secretary may authorize. ``(d) Certain Requirements for Grant.--A grant may be made under subsection (a) for a project only if the applicant involved-- ``(1) has defined a service area for the project; ``(2) has formed a consortium of various community members, leaders, and organizations in such area; ``(3) has ensured that the consortium has established a set of unified goals for the project; ``(4) has conducted the basic level of demographic research described in section 330M(c)(1)(D); ``(5) has a plan for managing the care of eligible individuals with chronic illness; and ``(6) has a plan for evaluating the project on an interim basis, not less frequently than once each year. ``(e) Matching Funds.-- ``(1) In general.--With respect to the costs of the project to be carried out under subsection (a) by an applicant, a grant under such subsection may be made only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 provided in the grant). ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(f) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(g) Authorization of Appropriations.--For the purpose of making grants under subsection (a), there is authorized to be appropriated $9,000,000 in the aggregate for the fiscal years 2010 through 2016, of which there are authorized to be appropriated amounts as follows: ``(1) For each of the fiscal years 2010 and 2011, $500,000. ``(2) For each of the fiscal years 2012 and 2013, $1,000,000. ``(3) For each of the fiscal years 2014 through 2016, $2,000,000. ``SEC. 330O. CLEARINGHOUSE FOR INFORMATION ON COMMUNITY-INITIATED PROJECTS TO PROVIDE HEALTH CARE COVERAGE TO UNINSURED INDIVIDUALS. ``(a) In General.--The Secretary shall make an award of a grant or contract for the establishment and operation of a clearinghouse to collect and make available, on a national basis, information on projects under sections 330M and 330N and similar projects that are community-initiated (referred to in this section as `access projects'). ``(b) Certain Requirements.--The Secretary shall ensure that the information collected and made available under subsection (a) by the Clearinghouse includes the following: ``(1) A database identifying technical-assistance experts who are or have been involved in the planning or operation of access projects. ``(2) Information regarding the success and progress of access projects, including-- ``(A) information on best-practices identified for such projects; ``(B) the number of individuals who lacked health care coverage prior to receiving such coverage through the projects; ``(C) the number of individuals served by the projects who have chronic conditions that are managed by the projects; ``(D) the economic impact of the projects for businesses in the communities in which the projects operated; and ``(E) the savings of hospitals and other health care providers in such communities that resulted from the operation of the projects. ``(c) Application.--An award may be made under subsection (a) only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(d) Solicitation of Reports.--The Secretary may carry out a program to encourage public and private entities that plan or operate access projects to submit to the Clearinghouse reports that provide information on the projects. ``(e) Definition.--For purposes of this section, the term `Clearinghouse' means the clearinghouse under subsection (a). ``(f) Authorization of Appropriation.--For the purpose of making awards under subsection (a), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2016.''.

Communities Building Access Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of making health care coverage available, on a cost-sharing basis, to: (1) employees through employers that have not contributed to health care benefits for employees during the prior 12 months; and (2) self-employed individuals who have been without such coverage during the prior 12 months. Requires the Secretary to make matching grants to public or nonprofit private entities to carry out demonstration projects for the purpose of forming and maintaining networks composed of health care specialists who volunteer health services to eligible individuals. Directs the Secretary to make an award of a grant or contract for the establishment and operation of a clearinghouse for information on demonstration projects under this Act and similar projects that are community initiated. Allows the Secretary to carry out a program to encourage public and private entities that plan or operate such projects to submit information to the clearinghouse.

To amend the Public Health Service Act to provide for community projects that will reduce the number of individuals who are uninsured with respect to health care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boost Saving for College Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `qualified savings contribution' includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the taxpayer has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer's spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer's gross income for the taxable year, and ``(ii) the amount excluded from the taxpayer's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (b) Conforming Amendments.-- (1) Section 25B of such Code is amended by striking ``qualified retirement savings'' each place it appears in the text and inserting ``qualified savings''. (2) The subsection heading for section 25B(d) of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2017, in taxable years ending after such date. SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. (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 127 the following new section: ``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (c). ``(b) Maximum Exclusion.-- ``(1) In general.--The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $1,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2018, the $1,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $50. ``(c) Qualified Tuition Assistance Program.--For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees-- ``(1) under which the employer makes matching contributions to qualified tuition programs of-- ``(A) such employees, ``(B) their spouses, or ``(C) any individual with respect to whom such an employee or spouse-- ``(i) is allowed a deduction under section 151, and ``(ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition program.--The term `qualified tuition program' means a qualified tuition program as defined in section 529(b). ``(2) Employee and employer.--The terms `employee' and `employer' shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). ``(3) Applicable rules.--Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. ``(e) Cross Reference.--For reporting and recordkeeping requirements, see section 6039D.''. (b) Exclusion From Employment Taxes.-- (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) of such Code is amended by inserting ``127A,'' after ``127,''. (d) Other Conforming Amendments.-- (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 132(j)(8) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (3) Section 221(d)(2)(A) of such Code is amended by inserting ``127A,'' after ``127''. (4) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: ``(iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer.''. (5) Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking ``or 129'' and inserting ``, 127A, or 129''. (e) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Employer contributions to qualified tuition programs.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. SEC. 4. SPECIAL ROLLOVER TO ROTH IRA FROM LONG-TERM QUALIFIED TUITION PROGRAM. (a) In General.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rollover to roth ira from long-term qualified tuition program.--For purposes of this section-- ``(i) In general.--In the case of a distribution from a qualified tuition program which has been maintained by an account owner for the 10-year period ending on the date of such distribution-- ``(I) subparagraph (A) shall not apply to any portion of such distribution which, not later than 60 days after such distribution, is paid into a Roth IRA maintained for the benefit of such account owner or the designated beneficiary under such qualified tuition program, and ``(II) such portion shall be treated as a rollover contribution for purposes of section 408A(e). ``(ii) Limitation.--Clause (i) shall only apply to so much of any distribution as does not exceed the lesser of-- ``(I) the amount applicable to the account owner under section 408A(c)(2) for the taxable year, or ``(II) the aggregate amount contributed to the program (and earnings attributable thereto) before the 5-year period ending on the date of the distribution.''. (b) Qualified Rollover Contribution.--Paragraph (1) of section 408A(e) of such Code is amended by striking the period at the end of subparagraph (B) and inserting ``, and'' and by inserting after subparagraph (B) the following new subparagraph: ``(C) from a qualified tuition program to the extent provided in section 529(c)(3)(E).''. (c) Effective Date.--The amendments made by this section shall apply with respect to distributions after December 31, 2017. SEC. 5. ROLLOVERS TO ABLE PROGRAMS FROM 529 PROGRAMS. (a) In General.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, or'', and by adding at the end the following: ``(III) to an ABLE account (as defined in section 529A(e)(6)) of the designated beneficiary. Subclause (III) shall not apply to so much of a distribution which, when added to all other contributions made to the ABLE account for the taxable year, exceeds the limitation under section 529A(b)(2)(B).''. (b) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.

Boost Saving for College Act This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans). The bill allows: (1) a nonrefundable tax credit for contributions of an individual to a 529 plan, and (2) an exclusion from the gross income of an employee of up to $1000 per year of employer contributions to a 529 plan. The bill also permits savings from a 529 plan to be rolled over tax-free into: (1) a Roth Individual Retirement Account of the owner or the beneficiary of a 529 plan that has been maintained for 10 years, and (2) an ABLE account of the designated beneficiary of the 529 plan. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.)

Boost Saving for College Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergen Labeling and Consumer Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) it is estimated that-- (A) approximately 2 percent of adults and about 5 percent of infants and young children in the United States suffer from food allergies; and (B) each year, roughly 30,000 individuals require emergency room treatment and 150 individuals die because of allergic reactions to food; (2)(A) Eight major foods or food groups--milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans-- account for 90 percent of food allergies; (B) at present, there is no cure for food allergies; and (C) a food allergic consumer must avoid the food to which the consumer is allergic; (3)(A) in a review of randomly selected manufacturers of baked goods, ice cream, and candy in Minnesota and Wisconsin in 1999, the Food and Drug Administration found that 25 percent of sampled foods failed to list peanuts or eggs as ingredients on the food labels; and (B) nationally, the number of recalls because of unlabeled allergens rose to 121 in 2000 from about 35 a decade earlier; (4) a recent study shows that many parents of children with a food allergy were unable correctly to identify in each of several food labels the ingredients derived from major food allergens; (5)(A) current regulations of the Food and Drug Administration require that ingredients in foods be listed by their ``common or usual name''; (B) in some cases, the common or usual name of an ingredient may be unfamiliar to consumers, and many consumers may not realize the ingredient is derived from, or contains, a major food allergen; and (C) current regulations of the Food and Drug Administration exempt spices, flavorings, and certain colorings and additives from ingredient labeling requirements that would allow consumers to avoid those to which they are allergic; and (6)(A) celiac disease is an immune-mediated disease that causes damage to the gastrointestinal tract, central nervous system, and other organs; (B) the current recommended treatment is avoidance of glutens in foods that are associated with celiac disease; and (C) a multicenter, multiyear study estimated that the prevalence of celiac disease in the United States is 0.5 to 1 percent of the general population. SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC SUBSTANCES. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(t)(1) If it is not a raw agricultural commodity and it is, or it intentionally bears or contains, a major food allergen, unless either-- ``(A) `Contains', which statement is followed by the name of the food source as described in section 201(ll)(1) from which the major food allergen is derived, follows immediately after or is adjacent to (in a type size no smaller than the type size used in the list of ingredients) the list of ingredients required under subsections (g) and (i); or ``(B) the common or usual name of the major food allergen in the list of ingredients required under sections (g) and (i) is followed in parentheses by the name of the food source as described in section 201(ll)(1) from which the major food allergen is derived, except that the name of the food source is not required when-- ``(i) the common or usual name of the ingredient is the term used to describe a major food allergen in section 201(ll)(1), or ``(ii) the name of the food source as described in section 201(ll)(1) has appeared previously in the ingredient list; and ``Provided all major food allergens are labeled in a consistent manner either as specified in clause (A) or as specified in clause (B). ``(2) The information required under this subsection may appear in labeling other than the label only if the Secretary finds that such other labeling is sufficient to protect the public health. A finding by the Secretary under this subparagraph is effective upon publication in the Federal Register as a notice (including any change in an earlier finding under this subparagraph). ``(3) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that intentionally bears or contains, a major food allergen shall be subject to the labeling requirements of this subsection. ``(4) The Secretary may by regulation modify the requirements of subparagraph (A) or (B) of paragraph (1), or eliminate either the requirement of subparagraph (A) or the requirement of subparagraph (B), if the Secretary determines that the modification or elimination of the requirement is necessary to protect the public health. ``(u) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that intentionally bears or contains, a food allergen (other than a major food allergen), as determined by the Secretary by regulation, shall be disclosed in a manner specified by the Secretary by regulation.''. (b) Effect on Other Authority.--This section does not alter the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require the labeling of other food allergens. (c) Conforming Amendment.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ll) The term `major food allergen' means any of the following: ``(1) Milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans. ``(2) A proteinaceous substance derived from a food specified in paragraph (1) (unless the Secretary determines that the substance does not cause an allergic response that poses a risk to human health).''. (d) Effective Date.--A food that is labeled on or after January 1, 2006, and that is, or that intentionally bears or contains, a major food allergen (as defined in the amendment made by subsection (c)) shall be labeled in compliance with the requirements of the amendment made by subsection (a). SEC. 4. REPORT ON FOOD ALLERGENS. Not later than June 30, 2004, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1)(A) analyzes-- (i) the ways in which foods, during manufacturing and processing, can be unintentionally contaminated with major food allergens, including contamination caused by the use by manufacturers of the same production line to produce both products for which major food allergens are intentional ingredients and products for which major food allergens are not intentional ingredients; and (ii) the ways in which foods produced on dedicated production lines might nonetheless become unintentionally contaminated with major food allergens; and (B) estimates how common those practices are in the food industry, with breakdowns by food type as appropriate; (2) recommends methods that can be used to reduce or eliminate cross-contact of foods with the major food allergens; (3) describes-- (A) the various types of advisory labeling (such as use of the words ``may contain'') used by food producers; (B) the conditions of manufacture of food that are associated with the various types of advisory labeling; and (C) the extent to which advisory labels are being used on food products; (4) determines how consumers with food allergies or the caretakers of consumers would prefer information about the risk of cross-contact be communicated on food labels by using appropriate survey mechanisms; and (5) identifies the circumstances, if any, under which advisory labeling could appropriately be used. SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS. (a) In General.--The Secretary of Health and Human Services shall give priority to increasing the number of inspections under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in which foods are manufactured, processed, packed, or held-- (1) to ensure that the foods comply with practices to reduce or eliminate cross-contact of a food with major food allergen residues that are not intentional ingredients of the food; and (2) to ensure that major food allergens are properly labeled on foods. (b) Report.--On October 1, 2003, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) states the number of inspections conducted in the previous year and the numbers of facilities and food labels that were found to be in compliance or out of compliance; (2) describes the nature of the violations found; (3) includes the number of voluntary recalls, and their classifications, requested by the Secretary of foods with undeclared major food allergens; (4) assesses the extent of use of advisory language found and the appropriateness of that use; and (5) assesses the extent to which the Secretary and the food industry have effectively addressed cross-contact issues. SEC. 6. LABELING OF GLUTENS AND CELIAC DISEASE. (a) Contract With Institute of Medicine.--The Secretary of Health and Human Services (in this section, the ``Secretary'') shall enter into a contract with the Institute of Medicine for-- (1) the conduct of a review of the science relating to-- (A) the glutens in food that are associated with celiac disease; (B) the means of preventing and treating celiac disease; and (C) the methodologies for detecting such glutens in foods; and (2) the submission to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, not later than 2 years after the date of enactment of this Act, of a report concerning the review conducted under paragraph (1). (b) Requirements of Expertise.--The Institute of Medicine shall conduct the review under subsection (a)(1) and make the report under subsection (a)(2) in conjunction with experts in celiac disease, including experts in the pathogenesis, epidemiology, and biochemistry of celiac disease, the sensitivity to, and tolerance of, the glutens in food that are associated with celiac disease, and the clinical aspects of celiac disease, including prevention and treatment. (c) Gluten Labeling.--Considering the review conducted under paragraph (a)(1), the Secretary shall, not later than 4 years after the date of enactment of this Act, issue a proposed rule to define, and permit use of, the term ``gluten-free'' on the labeling of foods. Not later than 6 years after the date of enactment of this Act, the Secretary shall issue a final rule to define, and permit use of, the term ``gluten-free'' on the labeling of foods. (d) Report.--Not later than 2 years after submission to the Secretary of the report under subsection (a)(2), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses whether additional requirements for the labeling of gluten are warranted and necessary to better inform individuals with celiac disease, and if other labeling is warranted and necessary, identifies the types of such labeling. SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES. (a) Study.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with consumers, providers, State governments, and other relevant parties, shall complete a study for the purposes of-- (1) determining whether existing systems for the reporting, collection and analysis of national data accurately capture information on-- (A) the prevalence of food allergies; (B) the incidence of clinically significant or serious adverse events related to food allergies; and (C) the use of different modes of treatment for and prevention of allergic responses to foods; and (2) identifying new or alternative systems or enhancements to existing systems (including by educating physicians and other health care providers), for the reporting collection and analysis of national data on-- (A) the prevalence of food allergies; (B) the incidence of clinically significant or serious adverse events related to food allergies; and (C) the use of different modes of treatment for and prevention of allergic responses to foods. (b) Improvement and Publication of Data.--On completion of, and consistent with the findings of, the study conducted under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Commissioner of Foods and Drugs, shall improve the collection of, and publish as it becomes available, national data on-- (1) the prevalence of food allergies; (2) the incidence of clinically significant or serious adverse events related to food allergies; and (3) the use of different modes of treatment for and prevention of allergic responses to foods. (c) Report to Congress.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the progress made with respect to subsections (a) and (b). (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. SEC. 8. FOOD ALLERGIES RESEARCH. (a) In General.--The Secretary of Health and Human Services, through the National Institutes of Health, shall convene a panel of nationally recognized experts to review current basic and clinical research efforts related to food allergies. The panel shall develop a plan for expanding, intensifying, and coordinating research activities concerning food allergies. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a plan under subsection (a) to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate. SEC. 9. FOOD ALLERGENS IN THE FOOD CODE. The Secretary of Health and Human Services shall, in the Conference for Food Protection, as part of its cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafeterias. The Secretary shall consider public and private guidelines and recommendations for preparing allergen-free foods in pursuing this revision. SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC RESPONSES. The Secretary of Health and Human Services shall, in providing technical assistance relating to trauma care and emergency medical services to State and local agencies under section 1202(b)(3) of the Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods.

Food Allergen Labeling and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to require food that is not a raw agricultural commodity, and that is, or intentionally bears or contains, a major food allergen, to state that information on its label by January 1, 2006.Directs the Secretary of Health and Human Services to give priority to increasing the number of inspections under the Act to ensure that foods comply with practices to reduce or eliminate cross-contact with major food allergen residues and to ensure that major food allergens are properly labeled on foods.Requires the Secretary, through the National Institutes of Health, to convene a panel of nationally recognized experts to review basic and clinical research efforts related to food allergies and to develop a plan for expanding, intensifying, and coordinating such research.Directs the Secretary, in the Conference for Food Protection, as part of its cooperative activities between the States under the Public Health Service Act, to pursue certain revisions of the Food Code to provide guidelines for preparing allergen-free foods in food establishments.Requires the Secretary to include assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods when providing technical assistance relating to trauma care and emergency medical services under the Public Health Service Act.

A bill to amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements regarding allergenic substances in food, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Protection Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Access to safe, legal abortion services is essential to women's health and central to women's ability to participate equally in the economic and social life of the United States. (2) Access to safe, legal abortion services has been hindered in the United States in various ways, including blockades of health care facilities and associated violence; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements and restrictions that single out abortion providers and those seeking their services, and which do not further women's health or the safety of abortion, but harm women by reducing the availability of services. (3) In the early 1990s, protests and blockades at health care facilities where abortions were performed, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103-259) to address that situation and ensure that women could physically access abortion services. (4) Since 2010, there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women's health and their ability to access safe abortion services by interfering with health care professionals' ability to provide such services. Congressional action is now necessary to put an end to these restrictions. In addition, there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women, such as bans on abortions prior to viability. (5) Legal abortion is one of the safest medical procedures in the United States. That safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures. (6) Many State and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures. Though described by their proponents as health and safety regulations, many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women's health. Also, these restrictions interfere with women's personal and private medical decisions, make access to abortion more difficult and costly, and even make it impossible for some women to obtain those services. (7) These restrictions harm women's health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services, which reduce unintended pregnancies and thus abortions, and screenings for cervical cancer and sexually transmitted infections. These harms fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas. (8) The cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives. Federal legislation putting a stop to harmful restrictions throughout the United States is necessary to ensure that women in all States have access to safe abortion services, an essential constitutional right repeatedly affirmed by the United States Supreme Court. (9) Congress has the authority to protect women's ability to access abortion services pursuant to its powers under the Commerce Clause and its powers under section 5 of the Fourteenth Amendment to the Constitution to enforce the provisions of section 1 of the Fourteenth Amendment. (b) Purpose.--It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services. It is not the purpose of this Act to address all threats to access to abortion (for example, this Act does not apply to clinic violence, restrictions on insurance coverage of abortion, or requirements for parental consent or notification before a minor may obtain an abortion) which Congress should address through separate legislation as appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Abortion.--The term ``abortion'' means any medical treatment, including the prescription of medication, intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth, to remove an ectopic pregnancy, or to remove a dead fetus. (2) Abortion provider.--The term ``abortion provider'' means a health care professional who performs abortions. (3) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or individual acting under color of law of the United States, a State, or a subdivision of a State. (4) Health care professional.--The term ``health care professional'' means a licensed medical professional (including physicians, certified nurse-midwives, nurse practitioners, and physician assistants) who is competent to perform abortions based on clinical training. (5) Pregnancy.--The term ``pregnancy'' refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State.--The term ``State'' includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (7) Viability.--The term ``viability'' means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care professional, based on the particular facts of the case before her or him, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. SEC. 4. PROHIBITED MEASURES AND ACTIONS. (a) General Prohibitions.--The following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, they do not significantly advance women's health or the safety of abortion services, and they make abortion services more difficult to access: (1) A requirement that a medical professional perform specific tests or follow specific medical procedures in connection with the provision of an abortion, unless generally required for the provision of medically comparable procedures. (2) A limitation on an abortion provider's ability to delegate tasks, other than a limitation generally applicable to providers of medically comparable procedures. (3) A limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than a limitation generally applicable to the medical profession. (4) A limitation on an abortion provider's ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (5) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (6) A requirement that, prior to obtaining an abortion, a woman make one or more medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (7) A requirement or limitation that prohibits or restricts medical training for abortion procedures, other than a requirement or limitation generally applicable to medical training for medically comparable procedures. (b) Other Prohibited Measures or Actions.-- (1) In general.--A measure or action that restricts the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection (a) shall be unlawful if such measure or action singles out abortion services or make abortions services more difficult to access and does not significantly advance women's health or the safety of abortion services. (2) Prima facie case.--To make a prima facie showing that a measure or action is unlawful under paragraph (1) a plaintiff shall demonstrate that the measure or action involved-- (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women's access to abortion services based on one or more of the factors described in paragraph (3). (3) Factors.--Factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph (2)(B) include the following: (A) Whether the measure or action interferes with an abortion provider's ability to provide care and render services in accordance with her or his good- faith medical judgment. (B) Whether the measure or action is reasonably likely to delay some women in accessing abortion services. (C) Whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (D) Whether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required. (E) Whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the State. (F) Whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act. (G) The cumulative impact of the measure or action combined with other new or existing requirements or restrictions. (4) Defense.--A measure or action shall be unlawful under this subsection upon making a prima facie case (as provided for under paragraph (2)), unless the defendant establishes, by clear and convincing evidence, that-- (A) the measure or action significantly advances the safety of abortion services or the health of women; and (B) the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action. (c) Other Prohibitions.--The following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government: (1) A prohibition or ban on abortion prior to fetal viability. (2) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the pregnant woman's life or health. (3) A restriction that limits a pregnant woman's ability to obtain an immediate abortion when a health care professional believes, based on her or his good-faith medical judgment, that delay would pose a risk to the woman's health. (4) A measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability. (d) Limitation.--The provisions of this Act shall not apply to laws regulating physical access to clinic entrances, requirements for parental consent or notification before a minor may obtain an abortion, insurance coverage of abortion, or the procedure described in section 1531(b)(1) of title 18, United States Code. (e) Effective Date.--This Act shall apply to government restrictions on the provision of abortion services, whether statutory or otherwise, whether they are enacted or imposed prior to or after the date of enactment of this Act. SEC. 5. LIBERAL CONSTRUCTION. (a) Liberal Construction.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction.--Nothing in this Act shall be construed to authorize any government to interfere with a woman's ability to terminate her pregnancy, to diminish or in any way negatively affect a woman's constitutional right to terminate her pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. SEC. 6. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this Act. (2) Facility or professional.--A health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility's or professional's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award the costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing plaintiff. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. SEC. 7. PREEMPTION. No State or subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons or circumstances, shall not be affected thereby.

Women's Health Protection Act of 2013 - Makes the following limitations and requirements concerning abortion services unlawful and prohibits their imposition or application by any government: a requirement that a medical professional perform specific tests or follow specific medical procedures, unless generally required in the case of medically comparable procedures; a limitation on an abortion provider's ability to delegate tasks, other than one applicable to medically comparable procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than one generally applicable; a limitation on an abortion provider's ability to provide abortion services via telemedicine, other than one generally applicable; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at such facilities that is not otherwise imposed where medically comparable procedures are performed; a requirement that, prior to obtaining an abortion, a woman make medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide such services; and a requirement or limitation that prohibits or restricts medical training for abortion procedures, other than one generally applicable to medically comparable procedures. Makes unlawful a measure or action that restricts the provision of abortion services, or the facilities that provide them, that is similar to any of those described above if it singles out abortion services or make abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. Provides standards for the making of a prima facie case in a civil action challenging such restrictions and factors to be considered by a court in determining whether a measure or action impedes access to abortion services. Makes the following other restrictions on the performance of abortion unlawful and prohibits their imposition or application by any government: a prohibition or ban prior to fetal viability; a prohibition after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the woman's life or health; a restriction that limits a woman's ability to obtain an immediate abortion when a health care professional believes, based on good-faith medical judgment, that delay would pose a risk to the woman's health; and a prohibition or restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion prior to fetal viability. Requires courts to liberally construe the provisions of this Act. Authorizes the Attorney General or an individual or entity aggrieved by (or a health facility or medical professional adversely affected by) a violation of this Act, to commence a civil action for injunctive relief. Preempts any provision enacted by a state or subdivision having the force of law that conflicts with any provision of this Act.

Women's Health Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing and Allied Health Education Preservation Act of 2008''. SEC. 2. PRESERVATION OF PROVIDER OPERATED NURSING AND ALLIED HEALTH EDUCATION PROGRAMS. (a) In General.--Section 1861(v) of the Social Security Act (42 U.S.C. 1395x(v)) is amended by adding at the end the following new paragraph: ``(9) Preservation of Provider-Operated Nursing and Allied Health Education Programs.-- ``(A) In general.--The Secretary shall not deny provider- operated status for a nursing and allied health education program that substantially meets requirements in effect under paragraphs (e) and (f) of section 413.85 of title 42, Code of Federal Regulations, as of October 1, 2006, on the basis of an organizational structure, contractual arrangements, or legal structure of the program, or a change in such a structure or arrangement, such as those described in subparagraph (B), so long as a hospital, hospitals, or health system continues to substantially control the nursing or allied health program. ``(B) Examples of arrangements and structures.--The following are examples of an organizational structure, contractual arrangement, legal structure, or a change in such a structure or arrangement, referred to in subparagraph (A) of a provider-operated program: ``(i) The students enrolled in the program are concurrently enrolled in a college, community college, or university or receive degrees, diplomas, or other certificates or credentials upon graduation from both the nursing or allied health education and the college, community college, or university. ``(ii) The program enters into an agreement with a third-party to provide classroom, administrative, or financial services if the contract is related to the nursing or allied health education activity and the hospital or other provider retains the authority to modify, amend, rescind, or renew the agreement. ``(iii) The program fails to comply with regulations or requirements promulgated for such a program because such compliance would result in direct conflict with requirements-- ``(I) of the State Board of Nursing or other regulatory agency in the State in which the program is located; or ``(II) of a national nursing or allied health accreditation body or a regional, institutional accrediting body that is recognized by the Department of Education or such a State Board or regulatory agency. ``(iv) The program which is offered by a for profit college or university is wholly owned by a hospital or health system, or by a nonprofit college or university that is operated by a hospital or health system, and collectively the college or university and the hospital or health system meets all the requirements in effect under paragraphs (e) and (f) of section 413.85 of title 42, Code of Federal Regulations. ``(v) The nursing or allied health education program is operated by one or more hospitals, or a health system or chain organization, or any combination of a hospital or hospitals and providers or entities whose principal business is providing hospital services. ``(C) Limitation on payment denials.--The Secretary-- ``(i) shall not recoup, withhold, offset, disallow, or deny reasonable cost, pass-through payment for the costs of approved educational activities for a nursing or allied health education program described in subparagraph (A) on a ground for which a denial of provider-operated status is not permitted under such subparagraph; ``(ii) shall not reopen any cost reporting year of any hospital for the purpose of effecting any recoupment or other denial of payment described in clause (i) and shall withdraw and discontinue any such reopening effected before the date of the enactment of this paragraph; and ``(iii) shall restore to a hospital any such recoupment or denial effected for a previous cost reporting year by not later than the hospital's cost reporting year beginning after such date of enactment. ``(D) Construction.--This paragraph shall not affect payment-- ``(i) with respect to a provider-operated program which is in compliance with regulations and guidance issued as of the date of the enactment of this paragraph; or ``(ii) to a hospital or provider with respect to reasonable cost, pass-through reimbursement pursuant to section 4004(b) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388-39).''.

Nursing and Allied Health Education Preservation Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from denying provider-operated status for a nursing and allied education program that substantially meets certain requirements pertaining to the cost of approved activities for such programs, in effect as of October 1, 2006, on the basis of an organizational structure, contractual arrangements, or legal structure of the program, or a change in such a structure or arrangement, so long as a hospital, hospitals, or health system continues to substantially control the nursing or allied program. Prohibits denial of payments for the costs of approved educational activities for a nursing or allied health education program. Requires restoration to a hospital of any recoupment or denial effected for a previous cost reporting year.

A bill to amend title XVIII of the Social Security Act to continue the ability of hospitals to supply a needed workforce of nurses and allied health professionals by preserving funding for hospital operated nursing and allied health education programs.

SECTION 1. AMENDMENTS TO FUNDING AVAILABLE TO THE SMALL BUSINESS ADMINISTRATION TO MAKE SECTION 7(A) LOANS. (a) Section 7(a) Loan Funding Levels.--The third proviso under the heading ``Small Business Administration--Business Loans Program Account'' in title V of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2371) is amended by striking ``$18,750,000,000'' and inserting ``$23,500,000,000''. (b) Loan Limitations.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``No financial assistance'' and inserting the following: ``(i) In general.--No financial assistance''; and (B) by adding at the end the following: ``(ii) Liquidity.--On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the lender determines that the borrower is unable to obtain credit elsewhere solely because the liquidity of the lender depends upon the guaranteed portion of the loan being sold on the secondary market.''; and (2) by adding at the end the following: ``(C) Lending limits of lenders.--On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the sole purpose for requesting the guarantee is to allow the lender to exceed the legal lending limit of the lender.''. (c) Reporting.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; (B) the term ``business loan'' means a loan made or guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)); (C) the term ``cancellation'' means that the Administrator approves a proposed business loan, but the prospective borrower determines not to take the business loan; and (D) the term ``net dollar amount of business loans'' means the difference between the total dollar amount of business loans and the total dollar amount of cancellations. (2) Requirement.--During the 3-year period beginning on the date of enactment of this Act, the Administrator shall submit to Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a quarterly report regarding the loan programs carried out under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), which shall include-- (A) for the fiscal year during which the report is submitted and the 3 fiscal years before such fiscal year-- (i) the weekly total dollar amount of business loans; (ii) the weekly total dollar amount of cancellations; and (iii) the weekly net dollar amount of business loans-- (I) for all business loans; and (II) for each category of loan amount described in clause (i), (ii), or (iii) of section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)); (B) for the fiscal year during which the report is submitted-- (i) the amount of remaining authority for business loans, in dollar amount and as a percentage; and (ii) estimates of the date on which the net dollar amount of business loans will reach the maximum for such business loans based on daily net lending volume and extrapolations based on year-to-date net lending volume, quarterly net lending volume, and quarterly growth trends; (C) the number of early defaults (as determined by the Administrator) during the quarter covered by the report; (D) the total amount paid by borrowers in early default during the quarter covered by the report, as of the time of purchase of the guarantee; (E) the number of borrowers in early default that are franchisees; (F) the total amount of guarantees purchased by the Administrator during the quarter covered by the report; and (G) a description of the actions the Administrator is taking to combat early defaults administratively and any legislative action the Administrator recommends to address early defaults.

This bill amends the Consolidated and Further Continuing Appropriations Act, 2015 to increase from $18.75 billion to $23.5 billion the FY2015 funding available to the Small Business Administration (SBA) for general business loans authorized under section 7(a) of the Small Business Act. The bill prohibits the SBA from guaranteeing a loan on and after October 1, 2015, if: the lender determines that the borrower is unable to obtain credit elsewhere solely because the lender's liquidity depends upon the guaranteed portion of the loan being sold on the secondary market, or the sole purpose for requesting the guarantee is to allow the lender to exceed its legal lending limit. The bill also requires the SBA to submit quarterly reports to Congress regarding the loan programs carried out under this section.

To amend the Consolidated and Further Continuing Appropriations Act, 2015 with respect to funding available for fiscal year 2015 for certain general business loans authorized under the Small Business Act, to amend the Small Business Act to modify loan limitations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Protection Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) There is an epidemic of fraud directed against aliens engaged in dealings with the Immigration and Naturalization Service. (2) Fraudulent immigration consultants target aliens working their way through the maze of immigration law and extract hundreds of thousands of dollars in exchange for promises of help in dealing with the Immigration and Naturalization Service. (3) For example, phony immigration consultants--who lure clients by approaching aliens in line at Immigration and Naturalization Service buildings or by advertising in foreign- language newspapers--promise, for a fee, to help immigrants obtain residency or green cards by using personal back-channel connections at the Immigration and Naturalization Service or by filing a supposedly necessary application. (4) Rather than legitimately assist aliens with the Immigration and Naturalization Service, fraudulent consultants then take one or a succession of fees and either do nothing, or worse, file meritless asylum petitions designed to result in rejection and deportation. (5) Fraudulent immigration consultants often pose as immigration lawyers. In particular, some who target Spanish- speaking immigrants become notaries public in order to advertise as ``notarios,'' who are attorneys in Latin America. (6) Aliens victimized by fraudulent consultants are usually too fearful of deportation, or unsure where to turn, to report the fraud to Government officials. Consequently, fraudulent consultants operate with near-impunity. (7) Because fraudulent immigration consultants work in the shadows and provide services that are unregulated in many States, it is impossible to determine how many such illegitimate businesses exist. State officials and immigrants' advocacy groups estimate, however, that the problem of aliens exploited by bogus consultants has grown in recent years, and that thousands of fraudulent consultants are at work across the country. (8) Federal and State efforts to rein in fraudulent immigration consultants have not succeeded in ending the abuse. At the Federal level, there is no jurisdiction to prosecute fraudulent consultants unless they participate in the submission of false documents to the Immigration and Naturalization Service. Since many phony consultants scam aliens without filing paperwork with the Immigration and Naturalization Service, they cannot be reached by Federal law enforcement. (9) The Department of Justice intended to establish five Federal-State task forces to combat fraud by immigration consultants in major cities with large immigrant populations. Only one such task force has been established, however--in Los Angeles. (10) Enforcement by State authorities is sporadic. Many make no effort to pursue and prosecute bogus consultants. And even when con artists are convicted, most jurisdictions punish fraud against aliens as misdemeanors. SEC. 3. DEFINITIONS. In this Act: (1) Attorney.--The term ``attorney'' means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting such person in the practice of law. (2) Accredited representative.--The term ``accredited representative'' means any organization or individual that has been accredited by the Board of Immigration Appeals pursuant to section 292 of title 8, Code of Federal Regulations. (3) Compensation.--The term ``compensation'' means money, property, promise of payment, or any other consideration, provided directly or indirectly. (4) Immigration consultant.--The term ``immigration consultant''-- (A) means any individual, organization, or entity who in exchange for compensation or the expectation of compensation, promises to provide or provides assistance or advice on an immigration matter; and (B) does not include any attorney, person employed by and working under the direct supervision of one or more attorneys, or any accredited representative. (5) Immigration matter.--The term ``immigration matter'' means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under any immigration or naturalization law, Executive order, Presidential proclamation, or action of the Immigration and Naturalization Service, other component of the Department of Justice, the Department of State, or the Department of Labor. SEC. 4. PROHIBITED ACTS AND CRIMINAL PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any immigration consultant intentionally, or with reckless disregard for the truth to-- (1) make any false or misleading statement to any client, prospective client, or the public while providing, offering, or advertising services; (2) make any statement indicating or implying that the immigration consultant can or will obtain special favors from, or has special influence with, any government agency; (3) retain any compensation for any service not performed; (4) refuse to return any document supplied by, prepared on behalf of, or paid for by, any client or prospective client, even in the event of a fee dispute; (5) select forms to be filed with any government agency in connection with an immigration matter; (6) provide information to any government agency without the client's knowledge and consent; (7) engage in the unauthorized practice of law in connection with an immigration matter, as such is defined by applicable State statutes, regulations, rules or municipal ordinances, in conjunction with an immigration matter; and (8) hold himself or herself out to any client, prospective client, or to the public as engaging in or entitled to engage in the practice of law, or uses any title in any language, such as ``notario'' or ``notary public'', to convey attorney status. (b) Criminal Penalties.--Any immigration consultant who commits any act set forth in subsection (a) shall be fined under title 18 of the United States Code, imprisoned not more than five years, or both. SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE AND WRITTEN CONTRACT. (a) Advertisement Disclaimer.--It shall be unlawful for an immigration consultant to make any advertisement unless the advertisement includes a statement that the immigration consultant is not an attorney, that the consultant cannot provide legal advice or select forms for use by clients or prospective clients and that he or she cannot obtain special favors from and has no special influence with, the Immigration and Naturalization Service. (b) Notice.--It shall be unlawful for an immigration consultant to perform immigration consulting services unless, in any office in which an immigration consultant meets with clients or prospective clients, the immigration consultant has conspicuously displayed a notice, not smaller than 12 inches by 20 inches and in boldface print no smaller than one inch in height, that includes-- (1) a statement that the immigration consultant is not an attorney, cannot select forms for use by the client, and cannot provide legal services in any immigration matter; and (2) a statement that the immigration consultant cannot obtain special favors from, and has no special influence with, the Immigration and Naturalization Service. (c) Written Contract.--It shall be unlawful for an immigration consultant knowingly to act in an immigration matter unless the person has entered into a written contract (in both English and the other principal language of the client, if not English) with the client that includes-- (1) a description of all services to be performed by the person under the agreement; (2) the amount to be paid by the client; (3) a statement, printed on the face of the contract in boldface type no smaller than 10 point, that the person is not licensed and authorized to practice law in the State in which the immigration consultant services are to be performed and is unable to perform legal services; (4) a statement, printed on the face of the contract in boldface type no smaller than 10 point, that any document provided to the immigration consultant in connection with the immigration matter may not be retained by the immigration consultant and must be returned to the client at any time requested by the client; (5) a statement that the client may rescind the contract within 72 hours of the time it is executed and receive a full refund of all monies paid to the immigration consultant; and (6) a statement certifying that a copy of the contract has been provided to the client upon execution of the contract. (d) Criminal Penalties.--Any immigration consultant who knowingly fails to perform any requirement set forth in this section shall be fined under title 18 of the United States Code, imprisoned not more than one year, or both. SEC. 6. CIVIL ENFORCEMENT. (a) Aggrieved Parties.--Any person aggrieved by reason of any violation of section 4 or 5 may commence a civil action in any appropriate United States district court for the relief set forth in subsection (d). (b) Civil Actions by the Attorney General.--If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by reason of any violation of section 4 or 5, the Attorney General may commence a civil action in any appropriate United States district court for the relief set forth in subsections (d) and (e). (c) Civil Actions by State Attorneys General.--If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by reason of any violation of section 4 or 5, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of persons residing in such State, in any appropriate United States district court for the relief set forth in subsections (d) and (e). (d) Relief.--In any civil action brought under this section, the court may award appropriate relief, including temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. Injunctive relief may include, where appropriate, an order temporarily or permanently enjoining the defendant from serving as an immigration consultant in any immigration matter. (e) Civil Penalties.--In addition to the relief provided for in subsection (d), which the Attorney General or any State Attorney General may seek on behalf of aggrieved parties, the court may also assess a civil penalty not exceeding $50,000 for first violations, and $100,000 for subsequent violations, when sought by the Attorney General of the United States or any State Attorney General. SEC. 7. TASK FORCES. (a) Establishment of Task Forces.--The Attorney General shall establish task forces composed of Federal investigatory and prosecutorial personnel, and any State or local personnel who may be assigned by States to serve, in the eight districts determined by the Attorney General to contain the largest numbers of aliens subject to violations of sections 4 and 5. Such task forces shall investigate, criminally prosecute, and bring civil suits based on violations of sections 4 and 5, section 274C of the Immigration and Nationality Act, section 1546 of title 18, United States Code, and any other applicable Federal or State laws. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice $7,000,000 for each of fiscal years 2001, 2002, and 2003 to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 8. OUTREACH BY IMMIGRATION AND NATURALIZATION SERVICE. (a) Outreach Program.--The Commissioner of Immigration and Naturalization shall establish a program to inform aliens about-- (1) the obligations of immigration consultants under this Act; (2) methods of law enforcement, redress, and assistance under this Act and any other related law, regulation, or program established by the Immigration and Naturalization Service or other Federal, State, or local agency; and (3) the hotline to be established under subsection (b). (b) Hotline.--The Commissioner of Immigration and Naturalization shall establish a toll-free hotline to be used by aliens and others with knowledge or information of violations of sections 4 and 5, section 274C of the Immigration and Nationality Act, section 1546 of title 18, United States Code, or any related State or local laws. Callers shall be permitted to provide information anonymously. In situations deemed appropriate by the Commissioner of the Immigration and Naturalization Service, callers or information provided by callers shall be forwarded to appropriate Federal or State law enforcement authorities. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice $7,000,000 for each of fiscal years 2001, 2002, and 2003 in order to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 9. CONFIDENTIALITY. (a) In General.--Except as otherwise provided in this section, neither the Attorney General nor any other official or employee of the Department of Justice or any bureau or agency thereof may use the information provided by any person (including an alien not lawfully present in the United States) in relation to a violation of sections 4 and 5 for any purpose other than to carry out this Act. If such information is provided by an alien not lawfully present in the United States, such information shall not be used for the purpose of identifying or removing the person from the United States or imposing other sanctions against the person. (b) Exception.--Subsection (a) shall not apply if the Attorney General or other official or employee of the Department of Justice, or bureau or agency thereof, determines that the information was not provided in good faith in conjunction with a credible report relating to a violation of this Act, but was provided in order to evade the application of Federal immigration law. (c) Criminal Penalty.--Whoever knowingly uses information in violation of this section shall be fined not more than $10,000. SEC. 10. NONPREEMPTION OF MORE PROTECTIVE STATE AND LOCAL LAWS. The provisions of this Act supersede State laws, regulations, and municipal ordinances only to the extent such State and local laws impede the application of any provision of this Act. States and municipalities may impose requirements supplementing those imposed by this Act.

Directs the Attorney General to establish specified district task forces to enforce such provisions. Authorizes appropriations. Directs the Commissioner of the Immigration and Naturalization Service to establish related outreach programs, including a toll-free hotline. Authorizes appropriations. Provides for confidentiality of related information and criminal penalties for violations of such confidentiality.

Immigration Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Support for Reservists and National Guard Members Act''. SEC. 2. DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS. (a) Designation.-- (1) In general.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year be paid over to the Reservist Income Differential Trust Fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (2) Transfers to reservist income differential trust fund.--The Secretary of the Treasury shall, from time to time, transfer to the Reservist Income Differential Trust Fund the amounts designated under section 6097 of the Internal Revenue Code of 1986. (3) Clerical amendment.--The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of overpayments to support reservists.''. (b) Reservist Income Differential Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. RESERVIST INCOME DIFFERENTIAL TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the `Reservist Income Differential Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Reservist Income Differential Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation of overpayments to support reservists). ``(c) Expenditures.--Amounts in the Reservist Income Differential Trust Fund shall be available for making distributions to eligible members of reserve components in accordance with section 212 of title 37, United States Code.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Reservist Income Differential Trust Fund.''. (c) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2003. (2) Subsection (b).--The amendments made by subsection (b) shall take effect on the date of the enactment of this Act. SEC. 3. PAY DIFFERENTIAL FOR MOBILIZED RESERVES. (a) Authority.-- (1) In general.--Chapter 3 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 212. Reserves on active duty: pay differential for service in support of a contingency operation ``(a) Authority.--To the extent provided in appropriations Acts, the Secretary of a military department shall pay an eligible member of a reserve component of the armed forces a pay differential computed under subsection (c). ``(b) Eligible Member.--A member of a reserve component is eligible for a pay differential for each month during which the member is serving on active duty for a period of more than 30 days pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10. ``(c) Amount.--(1) Subject to paragraphs (2) and (3), the amount of a pay differential paid under this section for a month to a member called or ordered to active duty as described in subsection (b) shall be equal to the excess of-- ``(A) the monthly rate of the salary, wage, or similar form of compensation that applied to the member in the member's position of employment (if any) for the last full month before the month in which the member either commenced the period of active duty to which called or ordered or commenced the performance of duties for the armed forces in another duty status in preparation for the performance of the active duty to which called or ordered, over ``(B) the monthly rate of basic pay payable to the member under section 204 of this title for such month of active-duty service. ``(2) The Secretary concerned may pay a member a pay differential under this section for a month in an amount less than the amount computed under paragraph (1) if the Secretary concerned determines that it is necessary to do so on the basis of the availability of funds for such purpose. ``(3) A member may not be paid more than a total of $25,000 under this section. ``(d) Funding.--(1) Pay differentials under this section shall be paid out of funds that are transferred from the Reservist Income Differential Trust Fund to military personnel accounts for the purposes of this section. ``(2) The Secretary of Defense and the Secretary of the Treasury shall jointly prescribe regulations providing for transfers of funds in the Reservist Income Differential Trust Fund to the appropriate military personnel accounts to make payments under this section. ``(3) In this section, the term `Reservist Income Differential Trust Fund' means the Reservist Income Differential Trust Fund referred to in section 6097 of the Internal Revenue Code.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``212. Reserves on active duty: pay differential for service in support of a contingency operation.''. (b) Effective Date.--Section 212 of title 37, United States Code, shall take effect on October 1, 2004, and shall apply with respect to months that begin on or after that date.

Voluntary Support for Reservists and National Guard Members Act - Amends the Internal Revenue Code to permit a taxpayer to designate a specified portion of any tax overpayment to the Reservist Income Differential Trust Fund (the Fund). Establishes such Fund. Directs the Secretary of a military department, to the extent provided in appropriations Acts, to pay an eligible member of a reserve component of the armed forces a pay differential, according to a specified formula, of up to a maximum amount of $25,000. Provides for funding from the Fund.

A bill to amend the Internal Revenue Code of 1986 to allow tax-payers to designate part or all of any income tax refund to support reservists and National Guard members.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Availability Act of 2008''. SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS. (a) In General.--Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions.--For purposes of this section: (1) Covered hospital.-- (A) In general.--Subject to subparagraph (B), the term ``covered hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that-- (i) has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc); (ii) is participating in the program under title XIX of such Act; or (iii) is receiving Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals.--Such term does not include a hospital that-- (i) is a facility of the Federal Government; or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician.-- (A) The term ``physician'' means, with respect to a hospital, an individual who is a doctor of medicine or osteopathy legally authorized under State law to practice medicine and surgery in that hospital. (B) The term ``qualified physician'' means, with respect to a hospital, an individual who is a physician and whose credentials as such a physician have been verified by the administration of the hospital (before providing any services at the hospital) through appropriate means, including verification through the National Practitioner Databank. (3) Physician availability.--A physician is considered to be ``available'' in a hospital if-- (A) the physician is physically present in the hospital; (B) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital's emergency room or emergency department. (c) Enforcement.-- (1) Warning.--If the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') determines that a hospital has violated subsection (a), in the first instance the Secretary shall provide a written warning regarding such violation to the hospital and shall notify the Inspector General of the Department of Health and Human Services (in this section referred to as the ``HHS Inspector General'') of such violation. Subsequently, the HHS Inspector General shall monitor the compliance of the hospital with the requirement of subsection (a). (2) Second violation.--After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)-- (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b) of such section, shall apply to civil money penalties under subparagraph (A) in the same manner as they apply to a penalty or proceeding under subsection (a) of such section. (3) Subsequent violations.--After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act and from receipt of Federal funds under any grant or cooperative agreement for such period as the Secretary specifies and until the Secretary receives satisfactory assurances that the hospital will be in substantial compliance with the requirement of subsection (a). (4) Failure to submit or comply with remedial plan.--If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act and under Federal grants or cooperative agreements until the Secretary receives satisfactory assurances that such failures will not continue. (d) Effective Date.--This section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.

Physician Availability Act of 2008 - Requires each covered hospital to have a qualified physician available in the hospital 24 hours a day, seven days a week, to attend to the needs of the hospital's inpatients. Defines a "covered hospital" to: (1) include hospitals participating in Medicare or Medicaid or receiving federal funds; and (2) exclude hospitals in a federal facility or hospitals that the Secretary of Health and Human Services determines have fewer than 100 licensed beds. Considers a physician to be available if: (1) the physician is physically present in the hospital; (2) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (3) the physician is not physically present in, assigned to, serving in, or expected to cover the hospital's emergency room or emergency department. Sets forth penalties for violations.

To assure that the services of a nonemergency department physician are available to hospital patients 24-hours-a-day, seven days a week in all non-Federal hospitals with at least 100 licensed beds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Opportunity Tax Credit Permanence and Consolidation Act of 2012''. SEC. 2. EXTENSION AND MODIFICATION OF AMERICAN OPPORTUNITY TAX CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 25A. AMERICAN OPPORTUNITY TAX CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is an eligible student for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b) with respect to such individual. ``(b) Amount of Credit.-- ``(1) Student enrolled at least \1/2\ time.--In the case of an eligible student who is carrying at least \1/2\ the normal full-time workload for the course of study the student is pursuing, the amount determined under this subsection with respect to such individual is the sum of-- ``(A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus ``(B) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $6,000. ``(2) Other students.--In the case of an eligible student not described in paragraph (1), the amount determined under this subsection with respect to such individual is 30 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $10,000. ``(c) Dollar Limitations.-- ``(1) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under this section for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(B) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $80,000 ($160,000 in the case of a joint return), bears to ``(ii) $20,000 ($40,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under this section 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 this subpart (other than this subsection and sections 23, 25D, and 30D) and section 27 for the taxable year. ``(d) Other Limitations and Special Rules.--For purposes of this section: ``(1) Lifetime dollar limitation.--In the case of qualified tuition and related expenses with respect to any individual, the aggregate amount of the credits claimed under this section for all taxable years shall not exceed $15,000, determined without regard to whether-- ``(A) such credits are claimed on the return of tax filed by the individual or by another taxpayer, or ``(B) such expenses are treated as paid by the individual or by another taxpayer. ``(2) Reporting.--No credit shall be allowed under this section to a taxpayer with respect to the qualified tuition and related expenses of an eligible student unless the taxpayer includes the name and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(3) Adjustment for certain scholarships, etc.-- ``(A) In general.--The amount of qualified tuition and related expenses otherwise taken into account under this section with respect to an individual for an academic period shall be reduced (before the application of subsections (b) and (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(i) a qualified scholarship which is excludable from gross income under section 117, ``(ii) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(iii) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(B) Coordination with pell grants not used for qualified tuition and related expenses.--Any amount determined with respect to an individual under subparagraph (A) which is attributable to a Federal Pell Grant under section 401 of the Higher Education Act of 1965 shall be reduced (but not below zero) by the amount of the expenses (other than qualified tuition and related expenses) which are taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined. ``(4) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under this section to such individual for such individual's taxable year, and ``(B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(5) Treatment of certain prepayments.--If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(6) Denial of double benefit.--No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ``(7) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(8) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year. ``(f) Definitions.--For purposes of this section: ``(1) Eligible student.--The term `eligible student' means, with respect to any taxable year, an individual who-- ``(A) is enrolled for at least one academic period which begins during such taxable year at an eligible educational institution, and ``(B) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012. ``(2) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition, fees, and course materials required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(D) Computer technology and equipment.--Such term includes expenses for the purchase of computer technology or equipment (as defined in section 170(e)(6)(F)(i)), or Internet access and related services, only to the extent the purchase of such technology, equipment, or services is specifically required by the individual's academic course of instruction or degree program. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(g) Portion of Credit Refundable.--Forty percent of the credit allowed under this section (determined after application of subsections (c)(1) and (d) and without regard to this subsection and section 26(a)(2) or subsection (c)(2), as the case may be) shall be treated as a credit allowable under subpart C (and not allowed under this section). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit.''. (b) Clerical Amendment.--The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``Sec. 25A. American Opportunity Tax Credit.''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 24(b)(3) of the Internal Revenue Code of 1986 is amended by striking ``25A(i)'' and inserting ``25A''. (2) Clause (ii) of section 25(e)(1)(C) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (3) Paragraph (2) of section 25B(g) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (4) Paragraph (1) of section 26(a) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (5) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''. (6) Paragraph (2) of section 221(d) of such Code is amended-- (A) by striking ``25A(g)(2)'' in subparagraph (B) and inserting ``25A(d)(3)'', and (B) by striking ``25A(f)(2)'' and inserting ``25A(f)(3)''. (7) Paragraph (3) of section 221(d) of such Code is amended by striking ``25A(b)(3)'' and inserting ``25A(f)(1) (but only with respect to a student who is carrying at least \1/2\ the normal full-time workload for the course of study the student is pursuing)''. (8) Paragraph (1) of section 222(d) of such Code is amended-- (A) by striking ``25A(f)'' and inserting ``25A(f)(2)'', and (B) by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''. (9) Clause (v) of section 529(c)(3)(B) of such Code is amended-- (A) by striking ``25A(g)(2)'' in subclause (I) and inserting ``25A(d)(3)'', and (B) by striking ``Hope and lifetime learning credits'' in the heading and inserting ``American opportunity credit''. (10) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``25A(b)(3)'' and inserting ``25A(f)(1) (but only with respect to a student who is carrying at least \1/2\ the normal full-time workload for the course of study the student is pursuing)''. (11) Subparagraph (C) of section 530(d)(2) of such Code is amended-- (A) by striking ``25A(g)(2)'' in clause (i)(I) and inserting ``25A(d)(3)'', and (B) by striking ``Hope and lifetime learning credits'' in the heading and inserting ``American opportunity credit''. (12) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''. (13) Subsection (i) of section 904 of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (14) Paragraph (2) of section 1400C(d) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (15) Section 1400O of such Code is amended-- (A) by striking ``25A(f)(2)'' and inserting ``25A(f)(3)'', (B) by inserting ``(as in effect on the date of the enactment of this section)'' after ``25A(b)(1)'' in paragraph (2), and (C) by inserting ``(as in effect on the date of the enactment of this section)'' after ``25A(c)(1)'' in paragraph (3). (16) Subsection (e) of section 6050S of such Code is amended by striking ``subsection (g)(2)'' and inserting ``subsection (d)(3)''. (17) Subparagraph (A) of section 6211(b)(4) of such Code is amended by striking ``subsection (i)(6)'' and inserting ``subsection (g)''. (18) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``25A(g)(1)'' and inserting ``25A(d)(2)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended by striking ``received by an individual'' and all that follows and inserting ``received by an individual-- ``(1) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or ``(2) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

American Opportunity Tax Credit Permanence and Consolidation Act of 2012 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a new American Opportunity Tax Credit that: (1) allows an income tax credit of up to $3,000 of the qualified tuition and related expenses of a student who is carrying at least one half of a normal course load, (2) increases the income threshold for reductions in the credit amount based upon modified adjusted gross income, (3) allows a lifetime dollar limitation on such credit of $15,000 for all taxable years, and (4) makes 40% of the credit refundable. Allows an exclusion from gross income of any amount received as a Federal Pell Grant.

A bill to amend the Internal Revenue Code of 1986 to extend and modify the American Opportunity Tax Credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supplemental Security Income Restoration Act of 2013''. SEC. 2. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) Update in General Income Exclusion.--Section 1612(b)(2)(A) of the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by striking ``$240'' and inserting ``$1,320 (increased as described in section 1617(d) for each calendar year after 2015)''. (b) Update in Earned Income Exclusion.--Section 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is amended by striking ``$780'' each place it appears and inserting ``$4,284 (increased as described in section 1617(d) for each calendar year after 2015)''. (c) Update in Resource Limit for Individuals and Couples.--Section 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended-- (1) in subparagraph (A), by striking ``$2,250'' and all that follows through the end of the subparagraph and inserting ``$15,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year.''; and (2) in subparagraph (B), by striking ``$1,500'' and all that follows through the end of the subparagraph and inserting ``$10,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year.''. (d) Inflation Adjustment.--Section 1617 of such Act (42 U.S.C. 1382f) is amended-- (1) in the section heading, by inserting ``; inflation adjustment'' after ``benefits''; and (2) by adding at the end the following: ``(d) In the case of any calendar year after 2015, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing-- ``(1) the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by ``(2) such average for the 12-month period ending with September 2014.''. SEC. 3. SUPPORT AND MAINTENANCE FURNISHED IN KIND NOT INCLUDED AS INCOME. (a) In General.--Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended-- (1) by inserting ``(other than support or maintenance furnished in kind)'' after ``all other income''; and (2) in subparagraph (A)-- (A) by striking ``or kind''; (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking ``and the provisions of clause (i) shall not be applicable''. (b) Conforming Amendments.-- (1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively. (2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended-- (A) in subparagraph (F), by inserting ``and'' at the end; (B) in subparagraph (G), by striking ``; and'' and inserting a period; (C) by moving subparagraph (G) 2 ems to the right; and (D) by striking subparagraph (H). (3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is amended to read as follows: ``(c) In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A).''. SEC. 4. REPEAL OF PENALTY FOR DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET VALUE. Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read as follows: ``(c) Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value.--(1) At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall-- ``(A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and ``(B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c). ``(2) The Commissioner of Social Security shall make the information obtained under paragraph (1)(B) available, on request, to any State agency administering a State plan approved under title XIX.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 2015.

Supplemental Security Income Restoration Act of 2013 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to increase from $240 to $1,320 (increased for inflation each calendar year after 2015) the first amount of general income per year excluded in determining SSI program eligibility. Increases from: (1) $780 to $4,284 (similarly increased) the first amount of earned income similarly excluded (including for a blind or disabled individual [or spouse] under age 65), (2) $3,000 to $15,000 in calendar year 2015 (increased for inflation) the resource limit for couples, and (3) $2,000 to $10,000 in calendar year 2015 (similarly increased) for individuals without a spouse. Prescribes an inflation adjustment in benefits in any calendar year after 2015. Removes support and maintenance furnished in kind from determination of unearned income. Repeals the administrative penalty which renders individuals (and spouses) ineligible for SSI for a certain period of time if after the look-back date (usually 36 months preceding their application for SSI) they dispose of their resources for less than market value.

Supplemental Security Income Restoration Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oxon Run Parkway Land Transfer and Restoration Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``ancillary facilities'' means structures that enhance and contribute to the pleasure and enjoyment of occupants and are compatible with the development of a community of single family homes for low and moderate income families. (2) The term ``District'' means the District of Columbia. (3) The term ``initial sale'' means the first sale of a home constructed by the District or any third party designated by the District to carry out the purposes of this Act to a person or persons qualified to purchase a home pursuant to this Act. (4) The term ``low and moderate income'' means having an annual income that is less than or equal to the median annual income in the District of Columbia. (5) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF PROPERTY TO DISTRICT OF COLUMBIA FOR LOW AND MODERATE INCOME HOUSING USE. (a) In General.--The Secretary of the Interior shall, notwithstanding any other provision of law, convey, not later than six months after the date of enactment of this Act, to the District of Columbia by quitclaim deed without consideration, all right, title, and interest of the United States in and to the property described in section 4 of this Act, subject to the condition that it be developed into a community of single-family houses with ancillary facilities for low and moderate income individuals and families and for recreational facilities. (b) Condition of Property.--No later than the time of the conveyance, the Secretary shall disclose to the District all existing information of the Secretary regarding the condition of the property and its former uses. Nothing in this subsection is to be construed to authorize the Secretary to conduct additional studies or assessments, or develop additional information on the property. SEC. 4. PROPERTY DESCRIBED. The property referred to in section 3 is a portion of the land in the District of Columbia that was formerly known as United States Reservation 501, and as depicted on NCR map numbered 69-501-87, and is bordered-- (1) on the northeast, by south Capital Street and privately owned property; (2) on the west, by a line located approximately 20 feet east of the eastern edge of Oxon Run Parkway; and (3) on the southeast, by the boundary between Maryland and the District of Columbia; consisting of approximately 25 acres. SEC. 5. EFFECT OF PROPERTY CONVEYANCE. Upon the conveyance of the property to the District pursuant to this Act-- (1) the transfer of jurisdiction from the National Park Service to the District dated August 2, 1971 shall become null and void and of no further force and effect; (2) the property shall no longer be considered to be part of Oxon Run Park and shall not be considered to be within the park system of the District; (3) the property shall cease to be a reservation, park, or public grounds of the United States for the purposes of the Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. Code); and (4) liability for the existing condition of the property and for any necessary remediation and restoration actions lies with the District, notwithstanding applicable law. SEC. 6. INSPECTION AND TREATMENT OF CONVEYED PROPERTY. Following conveyance of the property as provided for in section 3(a) of this Act, the District shall take all actions necessary to ensure that the property is suitable for use pursuant to this Act. The costs of all such inspections, analyses, environmental restoration, waste management, and environmental compliance activities are to be borne by the District. SEC. 7. RECONVEYANCE OF PROPERTY TO THE UNITED STATES BY THE DISTRICT. Within 6 months of the conveyance described in section 3(a) of this Act, the District may reconvey to the United States without consideration, all right, title and interest in and to the property described in section 4, if it determines pursuant to section 6 of this Act, that it cannot use the property for the purposes of this Act. The costs incurred for such reconveyance shall be borne by the District. Any and all claims and judgments arising during the period prior to such reconveyance shall remain the responsibility of the District. This reconveyance shall not be considered an admission of liability for any purpose and does not give rise to a civil action for judicial review until any and all remediation and restoration actions are completed. SEC. 8. REVERSIONARY INTEREST. (a) Use of Property.--The conveyance under section 3(a) shall be subject to the condition that the property only be developed into a community of single-family houses with ancillary facilities for low and moderate income individuals and families, and recreational facilities. Title in the property conveyed under section 1(a), or a portion thereof, shall revert to the United States 90 days after the date on which the Secretary provides written notice and opportunity to comment to the owner and to the Mayor of the District of Columbia that one of the following has occurred-- (1) Failure to commence construction of single family houses and ancillary facilities thereto, or recreational facilities, within four years after title has been conveyed pursuant to section 3(a). (2) Failure to complete construction of single family houses and ancillary facilities thereto, or recreational facilities, within 3 years after commencement of construction. (3) Placement of improvements other than those authorized by this Act. (4) The initial sale of a house constructed pursuant to this Act to a person or persons whose income collectively exceed the median annual income in the District of Columbia at the time of the initial sale. The Secretary shall determine whether a reversion is for all of the property conveyed in section 3(a) of this Act, or for a portion thereof. Any such reversion shall not include any portion of the property on which single family houses and ancillary facilities for low and moderate income individuals and families have been constructed and are ready for sale or have been previously subject to an initial sale to a low or moderate income individual or family. The Secretary shall consult with the Mayor of the District of Columbia prior to any determination that any property conveyed to the District under this Act or a portion thereof is subject to reversion to the United States. (b) Extension.--The periods referred to in this section shall be extended during-- (1) the pendency of any lawsuit which seeks to enjoin the use of this property pursuant to this Act and any actions related thereto; or (2) the time in which the District is performing any environmental restoration, waste management, and environmental compliance activities that under applicable law are required prior to the development of the property pursuant to this Act. (c) Effect of Reversion.--Following any reversion to the United States, any and all claims and judgments arising during the period prior to such reversion shall remain the responsibility of the owner of the reverting portion of the property immediately prior to reversion, and any reversion shall extinguish any and all leases, rights or privileges to use the portion of the property which reverts. SEC. 9. SAVINGS PROVISIONS. No provision of this Act shall be construed-- (1) as an express or implied endorsement or approval by the Congress of any development or operation of this property; (2) to exempt the District, after the conveyance, from compliance with the laws of the United States and the District, including laws relating to the environment, health, and safety in the development or operation of this property; (3) to prevent additional conditions on the development or operation of the property; or (4) to exempt the United States from compliance with applicable laws relating to the environment, health, and safety, except for with regard to this Act.

Oxon Run Parkway Land Transfer and Restoration Act - Directs the Secretary of the Interior to convey to the District of Columbia specified District land formerly known as United States Reservation 501 in Oxon Run Park, subject to the condition that it be developed into a community of single-family homes with ancillary facilities for low and moderate income individuals and families and recreational facilities. Requires disclosure to the District of the current property condition and its former uses. Provides for: (1) inspection and treatment of the conveyed property; (2) District authority to reconvey such property within six months if it cannot be used for the above purposes; (3) a reversionary interest to the United States if the property is not used for such purposes or if construction for such uses has not commenced within specified periods; and (4) savings provisions.

Oxon Run Parkway Land Transfer and Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Decision for Qualification of Short Sale Act of 2010''. SEC. 2. PROMPT DECISION REGARDING SHORT SALE. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended-- (1) by redesignating the second section 129, as added by section 201(b) of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638), as section 129A; and (2) by inserting before section 130 (15 U.S.C. 1640) the following new section: ``SEC. 129B. PROMPT DECISION REGARDING SHORT SALE. ``(a) Requirement.--Except as provided in subsection (b) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle, if the mortgagor under a residential mortgage loan submits to the servicer of the mortgage loan a written request for a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan, and all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer), and the mortgagor does not receive from the servicer, before the expiration of the 45-day period beginning upon receipt by the servicer of such request and information, a written notification of whether such request has been approved, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer. ``(b) Inapplicability to Certain Existing Mortgages.--Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of the enactment of the Prompt Decision for Qualification of Short Sale Act of 2010 explicitly providing a procedure or terms for approval of a short sale. ``(c) Treatment of Other Time Limits.--This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Residential mortgage loan.--The term `residential mortgage loan' means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. ``(2) Securitization vehicle.--The term `securitization vehicle' means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). ``(3) Servicer.--The term `servicer' has the meaning provided in section 129A, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans) if such person also services the loan. ``(4) Short sale.--The term `short sale' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that-- ``(A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and ``(B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.''. (b) Applicability.--The amendment made by subsection (a) of this section shall apply to any written request for a short sale made after the date of the enactment of this Act.

Prompt Decision for Qualification of Short Sale Act of 2010 - Amends the Truth in Lending Act to consider approved a mortgagor's written request to a mortgage loan servicer for a short sale of a dwelling or residential real property if the mortgagor has not received, within 45 days after the servicer's receipt of the request, a written notification of whether the request has been approved, specified changes are required, or additional information is required. Declares this Act inapplicable to certain residential mortgages entered into before enactment of this Act which explicitly provide a procedure or terms for a short sale approval.

To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding the Availability of Medicare Data Act''. SEC. 2. EXPANDING AVAILABILITY OF MEDICARE DATA. (a) Expanding Uses of Medicare Data by Qualified Entities.-- (1) Additional analyses.-- (A) In general.--Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses.-- (i) Employers.--Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers.--A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data.-- (A) Access.--To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may-- (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described.--The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost.--A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information.-- (A) In general.--Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier.--To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes.--An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement.--A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data.-- (A) In general.--Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure.--A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review.--Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach.-- (A) In general.--In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)), the Secretary shall impose an assessment on the qualified entity both in the case of-- (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment.--The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title-- (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected.--Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t). (8) Annual reports.--Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes-- (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions.--In this subsection and subsection (b): (A) Authorized user.--The term ``authorized user'' means the following: (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services.--The term ``provider of services'' has the meaning given such term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (C) Qualified entity.--The term ``qualified entity'' has the meaning given such term in section 1874(e)(2) of the Social Security Act (42 U.S.C. 1395kk(e)). (D) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (E) Supplier.--The term ``supplier'' has the meaning given such term in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (b) Access to Medicare Data by Qualified Clinical Data Registries To Facilitate Quality Improvement.-- (1) Access.-- (A) In general.--To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w-4(m)(3)(E)), provide the data described in subparagraph (B) (in a form and manner determined to be appropriate) to such qualified clinical data registry for purposes of linking such data with clinical outcomes data and performing risk- adjusted, scientifically valid analyses and research to support quality improvement or patient safety, provided that any public reporting of such analyses or research that identifies a provider of services or supplier shall only be conducted with the opportunity of such provider or supplier to appeal and correct errors in the manner described in subsection (a)(6). (B) Data described.--The data described in this subparagraph is-- (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee.--Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of Data Available to Qualified Entities.--Section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended-- (1) in the subsection heading, by striking ``Medicare''; and (2) in paragraph (3)-- (A) by inserting after the first sentence the following new sentence: ``Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity.''; and (B) in the last sentence, by inserting ``or under titles XIX or XXI'' before the period at the end. (d) Revision of Placement of Fees.--Section 1874(e)(4)(A) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(A)) is amended, in the second sentence-- (1) by inserting ``, for periods prior to July 1, 2015,'' after ``deposited''; and (2) by inserting the following before the period at the end: ``, and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account''.

Expanding the Availability of Medicare Data Act Expands the kinds of uses of Medicare data available to qualified entities for quality and patient care improvement activities. (A "qualified entity" is a public or private entity that: [1] is qualified to use claims data to evaluate the performance of service providers and suppliers on measures of quality, efficiency, effectiveness, and resource use; and [2] agrees to meet specified requirements, such as ensuring data security.) Authorizes a qualified entity to use claims data combined with non-claims data the entity has received, as well as information derived from evaluation of service provider and supplier performance, to conduct additional non-public analyses and provide or sell them to authorized users for non-public use (including to assist service providers and suppliers to develop and participate in quality and patient care improvement activities, including new models of care). Defines "authorized users" as service providers, suppliers, employers, health insurance issuers, medical societies or hospital associations, or any other entities approved by the Secretary of Health and Human Services. Prohibits a qualified entity from charging a fee to provide Medicare claims data. Requires a qualified entity and an authorized user to enter into a data use agreement, and prohibits the use of data or analyses for marketing purposes or, except in certain circumstances, its redisclosure. Directs the Secretary to provide Medicare data to qualified clinical data registries for purposes of linking it with clinical outcomes data and performing risk-adjusted, scientifically valid analyses and research to support quality improvement or patient safety. Requires charging a fee to a registry for such data. Amends title XVIII (Medicare) of the Social Security Act (SSAct) to include among standardized extracts of Medicare claims data that may be made available to qualified entities, if the Secretary determines appropriate, also claims data under SSAct titles XIX (Medicaid) and XXI (State Children's Health Insurance) (CHIP). Requires any fees charged for making standardized extracts available to qualified entities to be deposited into the Centers for Medicare & Medicaid Services Program Management Account (currently, into the Federal Supplementary Medical Insurance Trust Fund).

Expanding the Availability of Medicare Data Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Egg Research and Consumer Information Act Amendments of 1993''. SEC. 2. ASSESSMENT RATE. (a) In General.--Section 8(e) of the Egg Research and Consumer Information Act (7 U.S.C. 2707(e)) is amended-- (1) by designating the first and second sentences as paragraph (1); (2) by designating the fifth and sixth sentences as paragraph (3); and (3) by striking the third and fourth sentences and inserting the following new paragraph: ``(2)(A) The assessment rate shall be prescribed by the order. The rate shall not exceed 20 cents per case (or the equivalent of a case) of commercial eggs. ``(B) The order may be amended to increase the rate of assessment if the increase is recommended by the Egg Board and approved by egg producers in a referendum conducted under section 9(b). ``(C) The order may be amended to decrease the assessment rate after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title.''. (b) Referendum.--Section 9 of such Act (7 U.S.C. 2708) is amended-- (1) by designating the first and second sentences as subsection (a); (2) by designating the last sentence as subsection (c); and (3) by inserting after subsection (a) (as designated by paragraph (1)) the following new subsection: ``(b)(1) If the Egg Board determines, based on a scientific study, marketing analysis, or other similar competent evidence, that an increase in the assessment rate is needed to ensure that assessments under the order are set at an appropriate level to effectuate the policy declared in section 2, the Egg Board may request that the Secretary conduct a referendum, as provided in paragraph (2). ``(2)(A) If the Egg Board requests the Secretary to conduct a referendum under paragraph (1) or (3), the Secretary shall conduct a referendum among egg producers not exempt from this Act who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the producers approve the change in the assessment rate proposed by the Egg Board. ``(B) The change in the assessment rate shall become effective if the change is approved or favored by-- ``(i) not less than two-thirds of the producers voting in the referendum; or ``(ii) a majority of the producers voting in the referendum, if the majority produced not less than two-thirds of all the commercial eggs produced by the producers voting during a representative period defined by the Secretary. ``(3)(A) In the case of the order in effect on the date of enactment of this subsection, the Egg Board shall determine under paragraph (1), as soon as practicable after such date of enactment, whether to request that the Secretary conduct a referendum under paragraph (2). ``(B) If the Egg Board makes such a request on the basis of competent evidence, as provided in paragraph (1), the Secretary shall conduct the referendum as soon as practicable, but not later than-- ``(i) 120 days after receipt of the request from the Egg Board; or ``(ii) if the Director of the Office of Management and Budget determines that the change in the assessment rate is a significant action that requires review by the Director, 170 days after receipt of the request from the Egg Board. ``(4) Notwithstanding any other provision of this Act, if an increase in the assessment rate and the authority for additional increases is approved by producers in a referendum conducted under this subsection, the Secretary shall amend the order to reflect the vote of the producers. The amendment to the order shall become effective on the date of issuance of the amendment.''. SEC. 3. RESEARCH. Section 8(d) of the Egg Research and Consumer Information Act (7 U.S.C. 2707(d)) is amended by adding at the end the following new sentence: ``In preparing a budget for each of the 1994 and subsequent fiscal years, the Egg Board shall, to the maximum extent practicable, allocate a proportion of funds for research projects under this Act that is comparable to the proportion of funds that were allocated for research projects under this Act in the budget of the Egg Board for fiscal year 1993.''. SEC. 4. EXEMPTED PRODUCERS. Section 12(a)(1) of the Egg Research and Consumer Information Act (7 U.S.C. 2711(a)(1)) is amended by striking ``30,000 laying hens'' and inserting ``75,000 laying hens''. SEC. 5. AMENDMENT TO ORDER. Notwithstanding any other provision of law: (1) In general.--The Secretary of Agriculture shall issue amendments to the egg promotion and research order issued under the Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.) to implement the amendments made by this Act. The amendments shall be issued after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title. The Secretary shall issue the proposed amendments to the order not later than 80 days after the date of enactment of this Act. (2) Effective date.--The amendments to the egg promotion and research order required by paragraph (1) shall become effective not later than-- (A) 30 days after the proposed amendments are issued; or (B) if the Director of the Office of Management and Budget determines that the amendments are a significant action that requires review by the Director, 50 days after the proposed amendments are issued. (3) Referendum.--The amendments referred to in paragraph (2) shall not be subject to a referendum conducted under the Egg Research and Consumer Information Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Egg Research and Consumer Information Act Amendments of 1993 - Amends the Egg Research and Consumer Information Act to: (1) increase the maximum assessment rate from ten cents per case of commercial eggs to 20 cents per case; (2) authorize the Egg Board to increase assessments subject to producer referendum; (3) increase the trigger level for assessment exemptions from (producers of) 30,000 laying hens to 75,000 laying hens; and (4) allocate funds for research activities.

Egg Research and Consumer Information Act Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Investment Account Act of 1998''. SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate amount paid in cash for the taxable year by such individual to an individual investment account established for the benefit of such individual. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual investment account.--The term `individual investment account' means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of a taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of an individual investment account shall be included in gross income by the distributee unless such amount is part of a qualified 1st-time homebuyer distribution. ``(2) Qualified 1st-time homebuyer distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified 1st-time homebuyer distribution' means any payment or distribution received by an individual who is a 1st-time homebuyer (as defined in section 72(t)(8)) from an individual investment account to the extent such payment or distribution is used by such individual before the close of the 120th day after the day on which such payment or distribution is received to pay qualified acquisition costs (as defined in section 72(t)(8)) with respect to a principal residence (within the meaning of section 121) for such individual. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified 1st-time homebuyer distributions for all taxable years shall not exceed $20,000. ``(C) Basis reduction.--The basis of any principal residence described in subparagraph (A) shall be reduced by the amount of any qualified 1st-time homebuyer distribution. ``(3) Transfer of account incident to divorce.--The transfer of an individual's interest in an individual investment account to his former spouse under a divorce decree or under a written instrument incident to a divorce shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer shall be treated as an individual investment account of such spouse and not of such individual. Thereafter such account shall be treated, for purposes of this subtitle, as maintained for the benefit of such spouse. ``(d) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual investment account shall be exempt from taxation under this subtitle unless such account has ceased to be such an account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the individual investment account is established, that individual engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual investment account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual investment account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (c) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, an individual for whose benefit an individual investment account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to that individual. ``(4) Rollover contributions.--Subsection (c)(1) shall not apply to any amount paid or distributed out of an individual investment account to the individual for whose benefit the account is maintained if such amount is paid into another individual investment account for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution. ``(e) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, the $20,000 amount contained in subsection (c)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount (as increased under paragraph (1)) is not a multiple of $10, such dollar amount shall be increased to nearest multiple of $10. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual investment account described in subsection (b). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of an individual investment account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Individual investment account contributions.--The deduction allowed by section 222 (relating to individual investment accounts).'' (c) Individual Investment Accounts Exempt From Estate Tax.--Part III of subchapter A of chapter 11 of such Code is amended by redesignating section 2046 as section 2047 and by inserting after section 2045 the following new section: ``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS. ``Notwithstanding any other provision of law, there shall be excluded from the value of the gross estate of the value of any individual investment account (as defined in section 222(b)). Section 1014 shall not apply to such accounts.'' (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for individual investment accounts.--An individual for whose benefit an individual investment account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual investment account by reason of the application of section 222(d)(2)(A) to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting the following new subparagraph after subparagraph (E): ``(F) an individual investment account described in section 222(b), or''. (e) Failure To Provide Reports on Individual Investment Accounts.-- Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement account or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new paragraph: ``(C) section 222(g) (relating to individual investment accounts),''. (f) Adjustment of Basis of Residence Acquired Through Use of Account.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(28) to the extent provided in section 222(c)(2)(C), in the case of a residence the acquisition of which was made in whole or in part with funds from an individual investment account.'' (g) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Individual investment accounts. ``Sec. 223. Cross reference.'' (2) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2046 and inserting the following new items: ``Sec. 2046. Individual investment accounts. ``Sec. 2047. Disclaimers.'' (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Individual Investment Account Act of 1998 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts. Allows tax-free distributions, limited to $20,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income. Exempts such accounts from estate tax. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.

Individual Investment Account Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending Market Stabilization Act of 2008''. SEC. 2. SMALL BUSINESS LENDING MARKET STABILIZATION. (a) Fees.--To the extent the cost of such reduction in fees is offset by appropriations-- (1) with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for which the application is approved on or after the date of enactment of this Act, the Administrator shall, in lieu of the fees otherwise applicable under paragraphs (23)(A) and (18)(A) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), collect no fee; (2) the Administrator shall, in lieu of the fees otherwise applicable under section 5(b)(14) of the Small Business Act (15 U.S.C. 634(b)(14)), collect no fee; (3) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution described in subclause (I), (II), or (III) of section 502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), for any loan guarantee or project subject to such subsection for which the application is pending approval on or after the date of enactment of this Act, collect no fee; (4) a development company shall, in lieu of the mandatory 0.625 servicing fee under section 120.971(a)(3) of title 13, Code of Federal Regulations, (relating to fees paid by borrowers), collect no fee; and (5) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(3) of the Small Business Investment Act (15 U.S.C. 697(d)(3)), collect no fee. (b) Reimbursement for Waived Fees.-- (1) In general.--To the extent the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a servicing fee pursuant to subsection (a)(4). (2) Amount.--The payment to a development company under paragraph (1) shall be in an amount equal to 0.5 percent of the outstanding principal balance of any guaranteed debenture for which the development company does not collect a servicing fee pursuant to subsection (a)(4). (c) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator for fiscal year 2009-- (1) $600,000,000 for loan subsidies and for loan modifications for loans to small business concerns authorized under subsection (a)(1); (2) $15,000,000 for lender oversight under section 5(b)(14) of the Small Business Act (15 U.S.C. 634(b)(14)); (3) $50,000,000 for the elimination of fees under subsection (a)(3); (4) $40,000,000 for payments under subsection (b) to offset the elimination of fees under subsection (a)(4); and (5) $10,000,000 for the elimination of fees under subsection (a)(5). (d) Application of Fee Changes.--If funds are made available to carry out subsections (a) and (b), the Administrator shall eliminate the fees under subsection (a) for any loan guarantee or project subject to such subsection for which the application is approved on or after the date of enactment of this Act and make payments under subsection (b) until the amount provided for such purpose is expended. (e) Maximum Loan Amount.--Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000)'' and inserting ``$2,250,000 (or if the gross loan amount would exceed $3,000,000)''. (f) Main Street Incentives.-- (1) In general.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (A) by striking paragraphs (4) and (5) and inserting the following: ``(4) Limitation on leasing.--If the use of a loan under this section includes the acquisition of a facility or the construction of a new facility, the small business concern assisted-- ``(A) shall permanently occupy and use not less than a total of 50 percent of the space in the facility; and ``(B) may, on a temporary or permanent basis, lease to others not more than 50 percent of the space in the facility.''; and (B) by redesignating paragraph (6) as paragraph (5). (2) Policy for 7(a) loans.--Section 7(a)(28) of the Small Business Act (15 U.S.C. 636(a)(28)) is amended to read as follows: ``(28) Limitation on leasing.--If the use of a loan under this subsection includes the acquisition of a facility or the construction of a new facility, the small business concern assisted-- ``(A) shall permanently occupy and use not less than a total of 50 percent of the space in the facility; and ``(B) may, on a temporary or permanent basis, lease to others not more than 50 percent of the space in the facility.''. (g) Low-Interest Refinancing.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by subsection (e)(1) of this section, is amended by adding at the end the following: ``(6) Permissible debt refinancing.--A financing under this title may include refinancing of existing indebtedness, in an amount not to exceed 50 percent of the projected cost of the project financed under this title, if-- ``(A) the project financed under this title involves the expansion of a small business concern; ``(B) the existing indebtedness is collateralized by fixed assets; ``(C) the existing indebtedness was incurred for the benefit of the small business concern; ``(D) the proceeds of the existing indebtedness were used to acquire land (including a building situated thereon), to construct or expand a building thereon, or to purchase equipment; ``(E) the borrower has been current on all payments due on the existing indebtedness for not less than 1 year preceding the proposed date of refinancing; ``(F) the financing under this title will provide better terms or a better rate of interest than exists on the existing indebtedness on the proposed date of refinancing; ``(G) the financing under this title is not being used to refinance any debt guaranteed by the Government; and ``(H) the financing under this title will be used only for-- ``(i) refinancing existing indebtedness; or ``(ii) costs relating to the project financed under this title.''. (h) Updated Job Creation Requirements.--Section 501(e) of the Small Business Investment Act of 1958 (15 U.S.C. 695(e)) is amended-- (1) in paragraph (1), by striking ``$50,000'' and inserting ``$65,000''; and (2) in paragraph (2), by striking ``$50,000'' and inserting ``$65,000''. (i) Size Standard Simplification.--Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following: ``(5) Optional size standard.-- ``(A) In general.--The Administrator shall establish an optional size standard for business loan applicants under section 7(a) and development company loan applicants under title V of the Small Business Investment Act of 1958, which uses maximum tangible net worth and average net income as an alternative to the use of industry standards. ``(B) Interim rule.--Until the date on which the optional size standard established under subparagraph (A) is in effect, the alternative size standard in section 121.301(b) of title 13, Code of Federal Regulations (or any successor thereto) may be used by business loan applicants under section 7(a) and development company loan applicants under title V of the Small Business Investment Act of 1958.''. (j) Maximum Loan Size.--Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$3,000,000''; and (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$3,500,000''. (k) Loan Pooling.--Section 5(g)(1) of the Small Business Act (15 U.S.C. 634(g)(1)) is amended-- (1) by inserting ``(A)'' before ``The Administration''; (2) by striking the colon and all that follows and inserting a period; and (3) by adding at the end the following: ``(B) A trust certificate issued under subparagraph (A) shall be based on, and backed by, a trust or pool approved by the Administrator and composed solely of the guaranteed portion of such loans. ``(C) The interest rate on a trust certificate issued under subparagraph (A) shall be either-- ``(i) the lowest interest rate on any individual loan in the pool; or ``(ii) the weighted average interest rate of all loans in the pool, subject to such limited variations in loan characteristics as the Administrator determines appropriate to enhance marketability of the pool certificates.''. (l) Alternative Variable Interest Rate.-- (1) In general.--Section 7(a)(4)(A) of the Small Business Act (15 U.S.C. 636(a)(4)(A)) is amended by striking ``prescribed by the Administration,'' and inserting: ``prescribed by the Administration, including, on variable rate loans, a nationally recognized prime rate of interest and at least 1 other index as an alternative thereto at the option of the participating lender,''. (2) Applicability.--Not later than 180 days after the date of enactment of this Act, the Administrator shall select not less than 1 alternative index under section 7(a)(4)(A) of the Small Business Act, as amended by paragraph (1) of this subsection, and make such index available for use by participating lenders. (m) Definitions.--In this section-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``development company'' has the meaning given the term ``development companies'' in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and (3) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632).

Small Business Lending Market Stabilization Act of 2008 - Directs the Administrator of the Small Business Administration (SBA), to the extent that the cost is offset by appropriations, to collect no fees currently charged by: (1) the SBA to borrowers and lenders under the SBA's 7(a) loan program (SBA-guaranteed general business loans to small businesses); and (2) development companies under SBA's 504 loan program (local business development loans). Directs the Administrator to reimburse development companies for waived fees. Increases maximum limits on SBA loans made to small businesses under the Small Business Act and on loans made to development companies under the Small Business Investment Act of 1958. Authorizes a small business whose SBA loan includes the acquisition of a facility or construction of a new facility to lease up to 50% of the space in such facility. Permits certain borrowers to refinance a limited amount of their preexisting debt through a new 504 loan. Directs the SBA to establish an optional business size standard for certain small business loan applicants. Allows the SBA to use weighted average rates when pooling loans for sale on the secondary market. Directs the SBA to provide lenders at least one alternative loan interest rate to the prime rate.

A bill to stabilize the small business lending market, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for United States Prisoners of War Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) During World War II, members of the United States Armed Forces held as prisoners of war by Japan were forced to provide labor for Japanese privately owned corporations in functions unrelated to the prosecution of the war. (2) International law, including international conventions relating to the protection of prisoners of war, was violated when these Japanese corporations-- (A) failed to pay wages to captured United States servicemembers for their labor; (B) allowed and promoted torture and mistreatment of captured United States servicemembers; and (C) withheld food and medical treatment from captured United States servicemembers. (3) In the Treaty of Peace with Japan, signed at San Francisco September 8, 1951 (3 UST 3169), the Government of Japan admitted liability for illegal conduct toward the Allied Powers and, in particular, liability for illegal and inhumane conduct toward members of the armed forces of the Allied Powers held as prisoners of war. (4) Despite this admission of liability, Article 14(b) of the Treaty has been construed to waive all private claims by nationals of the United States, including private claims by members of the United States Armed Forces held as prisoners of war by Japan during World War II. (5) Under Article 26 of the Treaty, the government of Japan agreed that if Japan entered into a war claims settlement agreement with a country that is not a party to the Treaty that provides more favorable terms to that country than the terms Japan extended to the parties to the Treaty, then Japan would extend those more favorable terms to each of the parties to the Treaty, including to the United States. (6) Since the entry into force of the Treaty in 1952, the Government of Japan has entered into war claims settlement agreements with countries that are not party to the Treaty that provide more favorable terms than those extended to the parties to the Treaty, such as terms that allow claims by nationals of those countries against Japanese nationals to be pursued without limitation, restriction, or waiver or any type. (7) In accordance with Article 26 of the Treaty, Japan is obligated to extend those same favorable terms to the United States, including to nationals of the United States, who as members of the United States Armed Forces, were held as prisoners of war by Japan during World War II and who were forced to provide labor without compensation and under inhumane conditions. (8) The people of the United States owe a deep and eternal debt to the heroic United States servicemembers held as prisoners of war by Japan for the sacrifices those servicemembers made on behalf of the United States in the days after the ignominious aggression of Japan against the United States at Pearl Harbor, Bataan, and Corregidor. (9) The pursuit of justice by those servicemembers through lawsuits filed in the United States, where otherwise supported by Federal, State, or international law, is consistent with the interests of the United States and should not be preempted by any other provision of law or by the Treaty. (10) Despite repeated requests for disclosure by United States servicemembers, the Department of Veterans Affairs, and Congress, the United States Government has withheld from those servicemembers and their physicians Japanese records that were turned over to the United States and that relate to chemical and biological experiments conducted on United States servicemembers held as prisoners of war by Japan during World War II. SEC. 3. SUITS AGAINST JAPANESE NATIONALS. (a) In General.--In an action brought in a Federal court against a Japanese defendant by a member of the United States Armed Forces who was held as a prisoner of war by Japan during World War II that seeks compensation for mistreatment or failure to pay wages in connection with labor performed by such a member to the benefit of the Japanese defendant during World War II, the court-- (1) shall apply the applicable statute of limitations of the State in which the Federal court hearing the case is located; (2) shall not construe Article 14(b) of the Treaty as constituting a waiver by the United States of claims by nationals of the United States, including claims by members of the United States Armed Forces, so as to preclude the pending action. (b) Sunset.--Paragraph (1) of subsection (a) shall cease to apply at the end of the 10-year period beginning on the date of enactment of this Act. SEC. 4. APPLICABILITY OF RIGHTS UNDER ARTICLE 26 OF THE TREATY OF PEACE WITH JAPAN. It is the policy of the United States Government to ensure that all terms under any war claims settlement agreement between Japan and any other country that are more favorable than those terms extended to the United States under the Treaty, will be extended to the United States in accordance with Article 26 of the Treaty with respect to claims by nationals of the United States who, as members of the United States Armed Forces, were held as prisoners of war by Japan during World War II and who were forced to provide labor without compensation and under inhumane conditions. SEC. 5. AVAILABILITY OF INFORMATION RELATING TO CERTAIN CHEMICAL AND BIOLOGICAL TESTS CONDUCTED BY JAPAN DURING WORLD WAR II. (a) Availability of Information to the Secretary of Veterans Affairs.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs may request from, and the head of the department or agency so requested shall provide to the Secretary, information relating to chemical or biological tests conducted by Japan on members of the United States Armed Forces held as prisoners of war by Japan during World War II, including any information provided to the United States Government by Japan. (b) Availability of Information to Interested Members of the Armed Forces.--Any information received by the Secretary of Veterans Affairs under subsection (a), with respect to an individual member of the United States Armed Forces held as a prisoner of war by Japan during World War II, may be made available to that individual to the extent otherwise provided by law. SEC. 6. DEFINITIONS. In this Act: (1) Japanese defendant.-- (A) In general.--The term ``Japanese defendant'' means a Japanese national, an entity organized or incorporated under Japanese law, an affiliate of an entity organized or incorporated under Japanese law that is organized or incorporated under the laws of any State, and any predecessor of that entity or affiliate. (B) Limitation.--The term does not include the Government of Japan. (2) State.--The term ``State'' means the several States, the District of Columbia, and any commonwealth, territory or possession of the United States. (3) Treaty.--The term ``Treaty'' mean the Treaty of Peace with Japan, signed at San Francisco on September 8, 1951 (3 UST 3169).

Justice for United States Prisoners of War Act of 2001 - Requires any Federal court in which an action is brought against a Japanese defendant by a member of the U.S. armed forces seeking compensation for mistreatment or failure to pay wages in connection with labor performed in Japan for such national as a prisoner of war during World War II to: (1) apply the applicable statute of limitations of the State in which the Federal court hearing the case is located; and (2) not construe a specified provision of the Treaty of Peace With Japan as a waiver by the United States of such claims.States that it is U.S. policy to ensure that any war claims settlement terms between Japan and any other country that are more favorable than terms extended to the United States under the above Treaty will be extended to the United States with respect to claims under this Act.Authorizes the Secretary of Veterans Affairs to secure information relating to chemical or biological tests conducted by Japan on members of the U.S. armed forces held as prisoners of war during World War II.

A bill to preserve certain actions brought in Federal court against Japanese defendants by members of the United states Armed Forces held by Japan as prisoners of war during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Freedom Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act-- (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. SEC. 3. DEFINITIONS. In this Act: (1) Available federal land.--The term ``available Federal land'' means any Federal land that, as of May 31, 2013-- (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program.--The term ``State leasing, permitting, and regulatory program'' means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND. (a) State Leasing, Permitting, and Regulatory Programs.--Any State that has established a State leasing, permitting, and regulatory program may-- (1) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (2) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (b) State Action Authorized.--Notwithstanding any other provision of law, on submission of a declaration under subsection (a)(1), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (c) Effect of State Action.--Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under-- (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); (2) division A of subtitle III of title 54, United States Code; (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. NO EFFECT ON FEDERAL REVENUES. (a) In General.--Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (b) Disposition of Revenues.--Any revenues collected by a State from leasing or permitting on Federal land pursuant to section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (c) Effect on State Processing Fees.--Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.

Federal Land Freedom Act of 2017 This bill authorizes a state with an established oil and gas leasing program to take responsibility from the federal government for leasing and regulating the exploration and development of oil, gas, and other forms of energy on federal land in the state. Any state actions to lease, permit, or regulate oil and gas exploration and development shall not be subject to federal action under certain laws, including the Administrative Procedure Act, the Endangered Species Act of 1973, and the National Environmental Policy Act of 1969. State-issued leases or permits shall provide for the collection and deposit of federal royalties and revenues. A state may collect and retain lease or permit application processing fees.

Federal Land Freedom Act of 2017

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Tax Revision Act of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Election to include combat pay as earned income for purposes of earned income credit. Sec. 3. Cover over of tax on distilled spirits. Sec. 4. Authority for undercover operations. Sec. 5. Disclosures of certain tax return information. Sec. 6. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. Sec. 7. Technical corrections to regional value-content methods for rules of origin under Public Law 109-53. SEC. 2. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF EARNED INCOME CREDIT. (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Paragraph (1) of section 7652(f) (relating to limitation on cover over of tax on distilled spirits) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2005. SEC. 4. AUTHORITY FOR UNDERCOVER OPERATIONS. Paragraph (6) of section 7608(c) (relating to application of section) is amended by striking ``January 1, 2006'' both places is appears and inserting ``January 1, 2007''. SEC. 5. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION. (a) Disclosures to Facilitate Combined Employment Tax Reporting.-- (1) In general.--Subparagraph (B) of section 6103(d)(5) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to disclosures after December 31, 2005. (b) Disclosures Relating to Terrorist Activities.-- (1) In general.--Clause (iv) of section 6103(i)(3)(C) and subparagraph (E) of section 6103(i)(7) are each amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendments made by paragraph (1) shall apply to disclosures after December 31, 2005. (c) Disclosures Relating to Student Loans.-- (1) In general.--Subparagraph (D) of section 6103(l)(13) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to requests made after December 31, 2005. SEC. 6. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO. (a) In General.--Subsection (d) of section 199 (relating to definitions and special rules) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Treatment of activities in puerto rico.-- ``(A) In general.--In the case of any taxpayer with gross receipts for any taxable year from sources within the Commonwealth of Puerto Rico, if all of such receipts are taxable under section 1 or 11 for such taxable year, then for purposes of determining the domestic production gross receipts of such taxpayer for such taxable year under subsection (c)(4), the term `United States' shall include the Commonwealth of Puerto Rico. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after December 31, 2006.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 7. TECHNICAL CORRECTIONS TO REGIONAL VALUE-CONTENT METHODS FOR RULES OF ORIGIN UNDER PUBLIC LAW 109-53. Section 203(c) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4033(c)) is amended as follows: (1) In paragraph (2)(A), by striking all that follows ``the following build-down method:'' and inserting the following: av-vnm ``rvc = -------- <greek-e> 100''. av (2) In paragraph (3)(A), by striking all that follows ``the following build-up method:'' and inserting the following: vom ``rvc = -------- <greek-e> 100''. av (3) In paragraph (4)(A), by striking all that follows ``the following net cost method:'' and inserting the following: nc-vnm ``rvc = -------- <greek-e> 100''. nc Passed the House of Representatives December 7, 2005. Attest: KAREN L. HAAS, Clerk.

Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006: (1) the taxpayer election to include combat zone compensation as earned income for purposes of computing the earned income tax credit; (2) the increased cover over (payment) to the Treasuries of Puerto Rico and the Virgin Islands of distilled spirit excise tax revenues; (3) the authority for certain Internal Revenue Service (IRS) undercover investigative operations; and (4) the authority for disclosure of tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayment. Allows, through 2006, the tax deduction for income attributable to domestic production activities for taxpayers with income from sources in Puerto Rico. Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR) to revise formulae for determining the regional value-content of certain import/export goods.

To amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment Security Act of 2005''. SEC. 2. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION ACT. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) in subsection (a)-- (A) by striking ``30'' and inserting ``60''; and (B) by adding at the end the following: ``The findings and recommendations of any such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review.''; (2) in subsection (b)-- (A) by inserting before the first period ``, or in such instance at the request of the chairman and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives''; (B) in paragraph (2), by inserting before the period ``, and the findings and recommendations of such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review''; and (C) by striking ``30'' and inserting ``60''; (3) in subsection (f)-- (A) by striking ``designee may'' and inserting ``designee shall''; (B) in paragraph (4), by striking ``and'' at the end; (C) in paragraph (5), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(6) the long-term projections of United States requirements for sources of energy and other critical resources and materials and for economic security.''; (4) in subsection (g)-- (A) by striking ``The President'' and inserting the following: ``(1) In general.--The President''; and (B) by adding at the end the following: ``(2) Quarterly submissions.--The Secretary of the Treasury shall transmit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on a quarterly basis, a detailed summary and analysis of each merger, acquisition, or takeover that is being reviewed, was reviewed during the preceding 90-day period, or is likely to be reviewed in the coming quarter by the President or the President's designee under subsection (a) or (b). Each such summary and analysis shall be submitted in unclassified form, with classified annexes as the Secretary determines are required to protect company proprietary information and other sensitive information. Each such summary and analysis shall include an appendix detailing dissenting views.''; and (5) by adding at the end the following new subsections: ``(l) Congressional Authority.-- ``(1) In general.--If the President does not suspend or prohibit an acquisition, merger, or takeover under subsection (d), the acquisition, merger, or takeover may not be consummated until 10 legislative days after the President notifies the Congress of the decision not to suspend or prohibit. If a joint resolution objecting to the proposed transaction is introduced in either House of Congress by the chairman of one of the appropriate congressional committees during such 10-legislative-day period, the transaction may not be consummated until 30 legislative days after the date on which such resolution is introduced. ``(2) Disapproval upon passage of resolution.--If a joint resolution introduced under paragraph (1) is enacted into law, the transaction may not be consummated. ``(3) Considerations.--The Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives shall review any findings and recommendations submitted under subsection (a) or (b), and any joint resolution under paragraph (1) of this subsection shall be based on the factors outlined in subsection (f). ``(4) Senate procedure.--Any joint resolution under paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 765). ``(5) House consideration.--For the purpose of expediting the consideration and enactment of a joint resolution under paragraph (1), a motion to proceed to the consideration of any such joint resolution shall be treated as highly privileged in the House of Representatives. ``(m) Thorough Review.--The President, or the President's designee, shall ensure that an acquisition, merger, or takeover that is completed prior to a review or investigation under this section shall be fully reviewed for national security considerations, even in the event that a request for such review is withdrawn.''.

Foreign Investment Security Act of 2005 - Amends the Defense Production Act of 1950 relating to authorized investigations of the effects on national security of a proposed acquisition, merger, or takeover (transaction) by or with foreign persons which could result in foreign control of persons engaged in U.S. commerce to: (1) extend the time to commence such investigation; (2) require the findings and recommendations of any investigation to be sent immediately to the President and specified congressional committees for review; (3) require certain factors to be considered as part of such investigation, including the effect on domestic production and long-term projections of U.S. requirements for sources of energy and other critical resources; (4) direct the Secretary of the Treasury to report quarterly to such committees a detailed summary and analysis of each transaction being, or likely to be, reviewed; and (5) subject the President's decision not to suspend or prohibit a transaction to a congressional approval process.

A bill to provide for Congressional authority with respect to certain acquisitions, mergers, and takeovers under the Defense Production Act of 1950.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare IVIG Access Enhancement Act''. SEC. 2. MEDICARE PATIENT IVIG ACCESS DEMONSTRATION PROJECT. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish and implement a demonstration project under part B of title XVIII of the Social Security Act to evaluate the benefits of providing payment for items and services needed for the in-home administration of intravenous immune globulin for the treatment of chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy. (b) Duration and Scope.-- (1) Duration.--Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall conduct the demonstration project for a period of 3 years. (2) Scope.--The Secretary shall enroll not greater than 3,000 Medicare beneficiaries who have been diagnosed with chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy for participation in the demonstration project. A Medicare beneficiary may participate in the demonstration project on a voluntary basis and may terminate participation at any time. (c) Coverage.--Except as otherwise provided in this section, items and services for which payment may be made under the demonstration program shall be treated and covered under part B of title XVIII of the Social Security Act in the same manner as similar items and services covered under such part. (d) Payment.-- (1) Intravenous immune globulin.--For intravenous immune globulin furnished under this section, the Secretary shall make payment using the payment methodology under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a). (2) Other items and services.-- (A) In general.--The Secretary shall establish, subject to subparagraph (B), a per-visit payment amount for items and services (other than intravenous immune globulin) needed for the in-home infusion of intravenous immune globulin for the treatment of chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy based on the national per visit low-utilization payment amount under the prospective payment system for home health services established under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (B) Limitation.--The per-visit payment amount established under subparagraph (A) for items and services described in such subparagraph shall not be less than the payment amount applied under the demonstration project established under section 101 of the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012 (Public Law 112-242) for comparable items and services needed for the in-home administration of intravenous immune globulin for the treatment of primary immune deficiency diseases. (e) Waiver Authority.--The Secretary may waive such requirements of title XVIII of the Social Security Act as may be necessary to carry out the demonstration project. (f) Reports to Congress.-- (1) Interim evaluation and report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains-- (A) an evaluation of the impact of the demonstration project on access for Medicare beneficiaries with chronic inflammatory demyelinating polyneuropathy and Medicare beneficiaries with multifocal motor neuropathy to items and services needed for the in-home administration of intravenous immune globin; and (B) an analysis of the appropriateness of expanding or extending the demonstration project or implementing a new methodology for payment for intravenous immune globulins in all care settings under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et seq.) and, to the extent such analysis determines such an expansion, extension, or methodology appropriate, recommendations for such expansion, extension, or methodology, respectively. (2) Final evaluation and report.--Not later than one year after the date of completion of the demonstration project, the Secretary shall submit to Congress a report that contains-- (A) a final evaluation of the impact described in paragraph (1)(A); and (B) a final analysis and recommendations described in paragraph (1)(B). (g) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this Act. (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual who is enrolled for benefits under part B of title XVIII of the Social Security Act.

Medicare IVIG Access Enhancement Act This bill requires the Centers for Medicare & Medicaid Services to establish a three-year demonstration project to evaluate the benefits of providing Medicare coverage and payment for items and services needed for the in-home administration of intravenous immune globulin to treat chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy. Beneficiary participation shall be voluntary.

Medicare IVIG Access Enhancement Act

SECTION 1. RURAL EDUCATION. Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended to read as follows: ``PART J--RURAL EDUCATION INITIATIVE ``SEC. 10951. SHORT TITLE. ``This part may be cited as the `Rural Education Initiative Act of 2001'. ``SEC. 10952. FINDINGS. ``Congress finds the following: ``(1) The National Center for Educational Statistics reports that 46 percent of our Nation's public schools serve rural areas. ``(2) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific and unique needs of rural school districts and schools. ``(3) Small school districts often cannot use Federal grant funds distributed by formula because the formula allocation does not provide enough revenue to carry out the program the grant is intended to fund. ``(4) Rural schools often cannot compete for Federal funding distributed by competitive grants because the schools lack the personnel needed to prepare grant applications and the resources to hire specialists in the writing of Federal grant proposals. ``(5) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in reading, science, and mathematics). As a result, teachers in rural schools are almost twice as likely to provide instruction in three or more subject areas than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. ``Subpart 1--Small and Rural School Program ``SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to support local or statewide education reform efforts intended to improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(A)(i) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(ii) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether or not to waive the criteria described in paragraph (1)(A)(ii) based on certification provided by the local educational agency, or the State educational agency on behalf of the local educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Applicable Funding.--In this section, the term `applicable funding' means funds provided under each of titles II, IV, and VI, parts A and C of title VII, and part I of title X. ``(d) Disbursal.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Supplement Not Supplant.--Funds used under this section shall be used to supplement and not supplant any other Federal, State, or local education funds that would otherwise be available for the purpose of this subpart. ``(f) Special Rule.--References in Federal law to funds for the provisions of law set forth in subsection (c) may be considered to be references to funds for this section. ``SEC. 10962. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to support local or statewide education reform efforts intended to improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to receive a grant under this section if-- ``(A)(i) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(ii) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether or not to waive the criteria described in paragraph (1)(A)(ii) based on certification provided by the local educational agency, or the State educational agency on behalf of the local educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Allocation.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall award a grant to an eligible local educational agency for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 10961(c) for the preceding fiscal year. ``(2) Determination of the initial amount.--The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students, over 50 students, in average daily attendance in such eligible agency plus $20,000, except that the initial amount may not exceed $60,000. ``(3) Ratable adjustment.-- ``(A) In general.--If the amount made available for this subpart for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. ``(B) Additional amounts.--If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ``(5) Census determination.-- ``(A) In general.--Each local educational agency desiring a grant under this section shall conduct a census not later than December 1 of each year to determine the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency. ``(B) Submission.--Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year. ``(d) Disbursal.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year. ``(e) Special Rule.--A local educational agency that is eligible to receive a grant under this subpart for a fiscal year shall be ineligible to receive funds for such fiscal year under subpart 2. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other Federal, State or local education funds. ``SEC. 10963. ACCOUNTABILITY. ``(a) Academic Achievement.-- ``(1) In general.--Each local educational agency that uses or receives funds under section 10961 or 10962 for a fiscal year shall administer an assessment consistent with section 1111. ``(2) Special rule.--Each local educational agency that uses or receives funds under section 10961 or 10962 shall use the same assessment described in paragraph (1) for each year of participation in the program under such section. ``(b) State Educational Agency Determination Regarding Continuing Participation.--Each State educational agency that receives funding under the provisions of law described in section 10961(c) shall-- ``(1) after the second year that a local educational agency participates in a program under section 10961 or 10962 and on the basis of the results of the assessments described in subsection (a), determine whether the students served by the local educational agency participating in the program performed in accordance with section 1111; and ``(2) only permit those local educational agencies that so participated and met the requirements of section 1111(b)(2) to continue to so participate. ``Subpart 2--Low-Income And Rural School Program ``SEC. 10971. PROGRAM AUTHORIZED. ``(a) Reservations.--From amounts appropriated under section 10982 for this subpart for a fiscal year, the Secretary shall reserve \1/2\ of 1 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this subpart. ``(b) Grants to States.-- ``(1) In general.--From amounts appropriated under section 10982 for this subpart that are not reserved under subsection (a), the Secretary shall award grants for a fiscal year to State educational agencies that have applications approved under section 10973 to enable the State educational agencies to award subgrants to eligible local educational agencies for local authorized activities described in subsection (c)(2). ``(2) Allocation.--From amounts appropriated for this subpart, the Secretary shall allocate to each State educational agency for a fiscal year an amount that bears the same ratio to the amount of funds appropriated under section 10982 for this subpart that are not reserved under subsection (a) as the number of students in average daily attendance served by eligible local educational agencies in the State bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. ``(3) Direct awards to specially qualified agencies.-- ``(A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this subpart or does not have an application approved under section 10973 a specially qualified agency in such State desiring a grant under this subpart shall apply directly to the Secretary to receive an award under this subpart. ``(B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. ``(c) Local Awards.-- ``(1) Eligibility.--A local educational agency shall be eligible to receive funds under this subpart if-- ``(A) 20 percent or more of the children aged 5 to 17, inclusive, served by the local educational agency are from families with incomes below the poverty line; and ``(B) all of the schools served by the agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. ``(2) Uses of funds.--Grant funds awarded to local educational agencies or made available to schools under this subpart shall be used for-- ``(A) educational technology, including software and hardware; ``(B) professional development; ``(C) technical assistance; ``(D) teacher recruitment and retention; ``(E) parental involvement activities; or ``(F) academic enrichment programs. ``SEC. 10972. STATE DISTRIBUTION OF FUNDS. ``(a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies-- ``(1) on a competitive basis; or ``(2) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. ``(b) Administrative Costs.--A State educational agency receiving a grant under this subpart may not use more than 5 percent of the amount of the grant for State administrative costs. ``SEC. 10973. APPLICATIONS. ``Each State educational agency and specially qualified agency desiring to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. ``SEC. 10974. REPORTS. ``(a) State Reports.--Each State educational agency that receives a grant under this subpart shall provide an annual report to the Secretary. The report shall describe-- ``(1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this subpart; ``(2) how local educational agencies and schools used funds provided under this subpart; and ``(3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 10973. ``(b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this subpart shall provide an annual report to the Secretary. Such report shall describe-- ``(1) how such agency uses funds provided under this subpart; and ``(2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 10971(b)(3)(A). ``(c) Report to Congress.--The Secretary shall prepare and submit to the Committee on Education and the Workforce for the House of Representatives and the Committee on Health, Education, Labor, and Pensions for the Senate an annual report. The report shall describe-- ``(1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this subpart; ``(2) how eligible local educational agencies and schools used funds provided under this subpart; and ``(3) progress made in meeting specific measurable educational goals and objectives. ``SEC. 10975. DEFINITIONS. ``For the purposes of this subpart-- ``(1) The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(2) The term `specially qualified agency' means an eligible local educational agency, located in a State that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 10971(b)(3). ``Subpart 3--General Provisions ``SEC. 10981. DEFINITION. ``For the purposes of this part, the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 10982. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of four succeeding fiscal years to be distributed equally between subparts 1 and 2.''.

Rural Education Initiative Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Rural Education Initiative, including various grants by the Secretary of Education to State and local educational agencies under: (1) a Small and Rural School Program; and (2) a Low-Income and Rural School Program.

A bill to provide for rural education assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Commission on National Military Appreciation Month Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The vigilance of the United States Armed Forces, past and present, has been instrumental to the preservation of the freedom, security, and prosperity that the United States enjoys. (2) The vigilance and capabilities of the United States Armed Forces depend on the dedicated service of its members, their families, and the civilian employees of the Department of Defense and United States Coast Guard. (3) The role of the United States as a world leader, and the global scope that such role imparts to our Nation's interests, requires a military force that is well-trained, well-equipped, and appropriately sized. (4) For such a force to be fielded, the young men and women of the United States must possess a commitment to military service that is sufficient to achieve the levels of recruitment and retention of enlisted, officer, and civilian personnel necessary for sustaining the strength, vitality, and character of the United States Armed Forces. (5) To foster and sustain such a commitment, it is vital for youth in the United States to understand that the service provided by members of the United States Armed Forces is an honorable legacy that has protected the freedoms that are enjoyed by United States citizens and citizens of many other nations. (6) The Federal Government has a responsibility to raise awareness of and respect for this aspect of our national heritage and to encourage citizens to dedicate themselves to the values and principles for which Americans have served and sacrificed throughout our history. (7) Service in the United States Armed Forces entails special sacrifices and hazards. (8) The special duties required of those who serve in the United States Armed Forces demand special sacrifices from the families of service members, and the support of the families is an essential force multiplier that enhances the effectiveness and capabilities of the United States Armed Forces. (9) The Nation's observance of events recognizing the contributions of the Armed Forces is a tangible and highly effective way of sustaining morale and improving quality of life for the military family. (10) Senate Resolution 33 (106th Congress, 1st session), a resolution entitled ``Senate Resolution Designating May 1999 as `National Military Appreciation Month''', agreed to on April 30, 1999, called on the people of the United States, in a symbolic act of unity, to observe a National Military Appreciation Month in May 1999, to honor the service men and women of the United States past and present, including those who have died in the pursuit of freedom and peace. (11) It is important for the relevance of the history and activities of the United States Armed Forces to be emphasized to current and future citizens of the United States through an annual National Military Appreciation Month that includes associated local and national observances and activities. SEC. 3. ESTABLISHMENT OF WHITE HOUSE COMMISSION ON NATIONAL MILITARY APPRECIATION MONTH. It is the sense of Congress that the President should establish a commission known as the ``White House Commission on National Military Appreciation Month'' to make recommendations to the President on the proclamation of ``National Military Appreciation Month'' to be celebrated in the month of May each year. SEC. 4. COMMISSION DUTIES. (a) Recommendations.--The White House Commission on National Military Appreciation Month, if established pursuant to this Act, shall submit to the President its recommendations on actions that should be taken to-- (1) foster public service and civic virtue on the part of the people of the United States by-- (A) inspiring respect and understanding for the spirit of America; (B) recognizing the many sacrifices made by members of the United States Armed Forces and the members of their families; (C) recognizing the importance of maintaining a strong, well-equipped, educated, and trained military force for the United States to safeguard peace and freedom; (D) encouraging the citizens of the United States to take pride in the United States Armed Forces for the protection and service that the Armed Forces provide; (E) recognizing and honoring the dedication and commitment of members of the United States Armed Forces, and expressing appreciation for all contributions made by the members of the Armed Forces throughout the history of the United States; and (F) promoting education of America's youth that focuses on the history and world role of the United States Armed Forces; (2) inspire national, State, local, and tribal participation in the commemoration of the United States Armed Forces throughout the year in celebrations of National Military Appreciation Month and patriotic and military commemorative days, such as Flag Day, D-day, Veterans Day, and Pearl Harbor Day, by-- (A) encouraging the participation of diverse entities including-- (i) national humanitarian and patriotic organizations; (ii) elementary, secondary, and higher education institutions; (iii) veterans' societies and civic, patriotic, educational, sporting, artistic, cultural, and historical organizations; (iv) Federal departments and agencies; and (v) museums, including cultural and historical museums; and (B) recommending appropriate activities to observe National Military Appreciation Month and patriotic and military commemorative days including-- (i) the production, publication, and distribution of books, pamphlets, films, and other educational materials; (ii) bibliographical and documentary projects and publications; (iii) conferences, convocations, lectures, seminars, and other similar programs; (iv) the development of exhibits for libraries, museums, and other appropriate institutions; (v) ceremonies and celebrations commemorating specific events that relate to the establishment of the Armed Forces of the United States and the history of the Armed Forces participation in wars and other hostilities; (vi) competitions, commissions, and awards regarding historical, scholarly, artistic, literary, musical, and other works, programs, and projects related to such commemorations; (vii) recommendations to appropriate agencies or advisory bodies regarding the issuance by the United States of commemorative coins, medals, and stamps relating to National Military Appreciation Month and other military commemorative events; and (viii) recommendations for any legislation or administrative action that the Commission determines to be appropriate regarding the commemoration of National Military Appreciation Month and other military commemorative events; and (3) provide national coordination for the observance of National Military Appreciation Month. (b) Annual Report.-- (1) Requirement for report.--For each fiscal year in which the Commission carries out activities pursuant to this Act, the Commission shall submit to the President and Congress a report describing the activities. (2) Content.--The report under paragraph (1) shall include-- (A) an accounting of funds received and expended by the Commission in the fiscal year, including a detailed description of the sources and amounts of any donations of funds accepted by the Commission under any authority granted to the Commission by the President; and (B) a description of cooperative agreements and contracts entered into by the Commission under any authority granted to the Commission by the President. SEC. 5. COMMISSION MEMBERSHIP. It is the sense of Congress that any White House Commission on National Military Appreciation Month should be composed of the following members: (1) Five members appointed by the President, including at least 1 representative of tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))). (2) The Secretary of Defense. (3) The Secretary of Veterans Affairs. (4) The Secretary of the Smithsonian Institution. (5) The Director of the Office of Personnel Management. (6) The Administrator of General Services. (7) The Secretary of Transportation. (8) The Secretary of Education. (9) The Secretary of the Interior. (10) The Secretary of State. (11) The Executive Director of the President's Commission on White House Fellows. (12) The Secretary of the Army. (13) The Secretary of the Navy. (14) The Secretary of the Air Force. (15) The Commandant of the Marine Corps. (16) The Commandant of the Coast Guard. (17) The Chief of Staff of the Army. (18) The Chief of Naval Operations. (19) The Chief of Staff of the Air Force. (20) Any other persons appointed by the President upon the recommendation of the Commission. SEC. 6. SPIRIT OF AMERICA ALLIANCE. (a) Establishment.--It is the sense of Congress that, if the President establishes the White House Commission on National Military Appreciation Month, the President should also establish an alliance to be known as the ``Spirit of America Alliance'' that is composed of individuals, appointed by the Commission, who are representatives or members of-- (1) the print, broadcast, or other media industry; (2) the national sports community; (3) the recreation industry; (4) the entertainment industry; (5) the retail industry; (6) the food industry; (7) the health care industry; (8) the transportation industry; (9) the education community; (10) national veterans organizations; (11) families that have lost loved ones in combat or to terrorist acts; (12) the nonprofit community; and (13) honorary, nonvoting members appointed by the Commission. (b) Duties.--The Alliance shall assist the Commission-- (1) in the planning, organization, and conduct of an annual White House Conference on National Military Appreciation Month and other similar events; (2) in the promotion of the observance of National Military Appreciation Month and other military commemorative events through appropriate means, subject to any guidelines developed by the Commission; (3) in the establishment of necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance; (4) in the evaluation of the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and (5) by the performance of any other related duties that are assigned by the Commission.

White House Commission on National Military Appreciation Month Act - Expresses the sense of Congress that: (1) the President should establish the White House Commission on National Military Appreciation Month to make recommendations to the President on the proclamation of National Military Appreciation Month to be celebrated in May of each year; and (2) any such Commission should be composed of specified members.Expresses the sense of Congress that if such Commission is established, the President should also establish the Spirit of America Alliance to assist the Commission: (1) in the planning, organization, and conduct of an annual White House Conference on National Military Appreciation and other similar events; (2) in the promotion of the observance of such Month and other military commemorative events through appropriate means, subject to any guidelines developed by the Commission; (3) in the establishment of necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance; (4) in the evaluation of the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and (5) by the performance of any other related duties that are assigned by the Commission.

A bill to urge the President to establish the White House Commission on National Military Appreciation Month, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Fallen Timbers Battlefield and Monument and Fort Miamis National Historic Site established by section 4 of this Act. (2) The term ``management plan'' means the general management plan developed pursuant to section 5(d). (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``management entity'' means the Metropolitan Park District of the Toledo Area. (5) The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (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 led by Little Turtle and Blue Jacket. (2) Fort Miamis was occupied by General Wayne's legion from 1796 to 1798. (3) In the spring of 1813, British troops, led by General Henry Proctor, landed at Fort Miamis and attacked the fort twice, without success. (4) Fort Miamis and Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (5) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (6) Fort Miamis is listed in the National Register of Historic Places as a historic site. (7) In 1959, the Fallen Timbers Battlefield was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''. (8) In 1960, the Fallen Timbers Battlefield 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 recognize and preserve the Fort Miamis site; (3) to formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis; (4) to preserve and interpret United States military history and Native American culture during the period from 1794 through 1813; (5) to provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State to implement the management plan and develop programs that will preserve and interpret the historical, cultural, natural, recreational and scenic resources of the historic site; and (6) 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 Fallen Timbers Battlefield Commission, Heidelberg College, the city of Toledo, and the Metropark District of the Toledo Area, to implement the management plan. SEC. 4. ESTABLISHMENT OF THE FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORIC SITE. (a) In General.--There is established, as an affiliated area of the National Park System, the Fallen Timbers Battlefield and Fort Miamis National Historic Site in the State of Ohio. (b) Description.--The historic site is comprised of the following as generally depicted on the map entitled Fallen Timbers Battlefield and Fort Miamis National Historical Site-proposed, number NHS-FTFM, and dated May 1999: (1) The Fallen Timbers site, comprised generally of the following: (A) The Fallen Timbers Battlefield site, consisting of an approximately 185-acre parcel located north of U.S. 24, west of U.S. 23/I-475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (B) The approximately 9-acre Fallen Timbers Battlefield Monument, located south of U.S. 24; and (2) The Fort Miamis Park site. (c) Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF HISTORIC SITES. (a) Applicability of National Park System Laws.--The historic site shall be administered in a manner consistent with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-4; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreement.--The Secretary may enter into a cooperative agreement with the management entity to provide technical assistance to ensure the marking, research, interpretation, education and preservation of the Fallen Timbers Battlefield and Fort Miamis National Historic Site. (c) Reimbursement.--Any payment made by the Secretary pursuant to this section shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (d) General Management Plan.-- (1) In general.--The Secretary, in consultation with the management entity and Native American tribes whose ancestors were involved in events at these sites, shall develop a general management plan for the historic site. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act). (2) Completion.--The plan shall be completed not later than 2 years after the date funds are made available. (3) Transmittal.--Not later than 30 days after completion of the plan, the Secretary shall provide a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. SEC. 6. AUTHORIZATION OF APPROPRIATIONS There is authorized to be appropriated such funds as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999 - Establishes as an affiliated National Park System (NPS) area, the Fallen Timbers Battlefield and Fort Miamis National Historic Site in the State of Ohio. Requires the Site to be administered in a manner consistent with this Act and all laws generally applicable to NPS units. Authorizes the Secretary of the Interior to enter into a cooperative agreement with the Metropolitan Park District of the Toledo Area (management entity) to provide technical assistance to ensure the marking, research, interpretation, education, and preservation of the Site. Makes any payments by the Secretary pursuant to this Act subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to this Act shall result in a right of the U.S. to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use of disposal, whichever is greater. Directs the Secretary to develop and transmit to specified congressional committees a general management plan for the Site within two years after the date funds are made available. Authorizes appropriations.

Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Security Agreement Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On November 26, 2007, President George W. Bush and Prime Minister of Iraq Nouri al-Maliki signed the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America (in this Act referred to as the ``Declaration of Principles''), with the goal of concluding a final agreement or agreements between the United States and Iraq by July 31, 2008, ``with respect to the political, cultural, economic, and security spheres.'' (2) The Declaration of Principles contemplates the United States ``providing security assurances and commitments to the Republic of Iraq to deter foreign aggression.'' (3) In 1992, pursuant to section 1457 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404c), the executive branch submitted a report to Congress on then-existing security commitments and arrangements. (4) The report described in paragraph (3) defined a ``security commitment'' as an ``obligation, binding under international law, of the United States to act in the common defense in the event of an armed attack on that country.'' The report noted that all current security commitments of the United States are ``embodied in treaties which receive the advice and consent of the Senate.'' (5) The report defined a ``security arrangement'' as a ``pledge by the United States to take some action in the event of a threat to that country's security. Security arrangements typically oblige the United States to consult with a country in the event of a threat to its security. They may appear in legally-binding agreements, such as treaties or executive agreements, or in political documents, such as policy declarations by the President, Secretary of State or Secretary of Defense.'' (6) The United States Ambassador to Iraq, Ryan Crocker, has stated that the agreements to be concluded as anticipated by the Declaration of Principles will ``deal with the status of U.S. and coalition forces in Iraq past 2008'' and ``set the broad parameters of the overall bilateral relationship in every field''. (7) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas Lute, stated, ``We don't anticipate now that these negotiations [under the Declaration of Principles] will lead to . . . formal inputs from Congress.'' SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) any agreement that sets forth the ``broad parameters of the overall bilateral relationship [as between the United States and the Republic of Iraq] in every field,'' particularly one that includes a security commitment or arrangement provided to the Republic of Iraq by the United States, would result in serious military, political, and economic obligations for the United States, and thus, consistent with past practice, should involve a joint decision by the executive and legislative branches; and (2) a short-term extension of the mandate of the Multi- National Force in Iraq (currently provided by United Nations Security Council Resolution 1790 (2007)), would, in concert with Iraqi law, provide United States forces with the authorities, privileges, and immunities necessary for those forces to carry out their mission in Iraq. SEC. 4. ANNUAL REPORT ON SECURITY AGREEMENTS. (a) Reports Required.--Not later than 180 days after date of the enactment of this Act, and every February 1 thereafter, the President shall submit to the appropriate congressional committees a report (in both classified and unclassified form) on United States security commitments to, and arrangements with, other countries. (b) Content.--Each report submitted under subsection (a) shall include the following: (1) The text, and a description, of each security commitment to, or arrangement with, one or more other countries, whether based upon-- (A) a formal document (including a mutual defense treaty, a status of forces agreement, a pre-positioning arrangement or agreement, an access agreement, or a non-binding declaration or letter); or (B) an expressed policy, whether expressed orally or in writing. (2) An assessment of the need to continue, modify, or discontinue each of those commitments and arrangements in view of the changing international security situation. SEC. 5. CONSULTATION WITH CONGRESS. Not later than 30 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall consult with the appropriate congressional committees about the negotiations pursuant to the Declaration of Principles. After the initial consultation, the Secretary of State and the Secretary of Defense shall keep such committees fully and currently informed regarding the status of the negotiations. Prior to finalizing any agreement that includes a security commitment or security arrangement with Iraq, the Secretary of State should provide the text of the agreement to the appropriate congressional committees. SEC. 6. PROHIBITIONS. (a) Prohibition on Entry Into Force of Certain Agreements.--No agreement containing a security commitment to, or security arrangement with, the Republic of Iraq, may enter into force except pursuant to Article II, section 2, clause 2 of the Constitution of the United States (relating to the making of treaties) or unless authorized by a law enacted on or after the date of the enactment of this Act pursuant to Article I, section 7, clause 2 of the Constitution (relating to the enactment of laws). (b) Prohibition on Use of Funds.--No funds may be obligated or expended to implement an agreement containing a security commitment to, or security arrangement with, the Republic of Iraq, unless it enters into force pursuant to Article II, section 2, clause 2 of the Constitution of the United States or is authorized by a law enacted on or after the date of the enactment of this Act pursuant to Article I, section 7, clause 2 of the Constitution. (c) Point of Order.--It shall not be in order for either House of Congress to consider any bill, resolution, amendment, or conference report that provides budget authority for the implementation of an agreement entered into in contravention of subsection (a). SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Foreign Relations of the Senate; (3) the Committee on Armed Services of the House of Representatives; and (4) the Committee on Foreign Affairs of the House of Representatives.

Iraq Security Agreement Act of 2008 - Directs the President to report annually to the appropriate congressional committees respecting U.S. security commitments to, and arrangements with, other countries. Directs the Secretary of State and the Secretary of Defense to consult with the appropriate congressional committees respecting negotiations pursuant to the Declaration of Principles between the United States and Iraq. Prohibits any agreement (or the obligation of implementing funds) containing a security commitment to, or security arrangement with, the Republic of Iraq, from entering into force except pursuant to Article II, section 2, clause 2 (relating to treaties) or Article I, section 7, clause 2 (relating to enactment of laws) of the Constitution of the United States.

A bill to ensure that any agreement with Iraq containing a security commitment or arrangement is concluded as a treaty or is approved by Congress.

SECTION 1. EXTENSION OF ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM. (a) In General.--The following provisions of the Food Security Act of 1985 are each amended by striking ``1995'' and inserting ``2005'': (1) Section 1230(a) (16 U.S.C. 3830(a)). (2) Section 1231(a) (16 U.S.C. 3831(a)). (3) Section 1231(b)(3) (16 U.S.C. 3831(b)(3)). (4) The first sentence of section 1231(d) (16 U.S.C. 3831(d)). (5) Section 1232(c) (16 U.S.C. 3832(c)). (6) Section 1238B(a)(1) (16 U.S.C. 3838b(a)(1)). (7) Section 1238B(a)(2) (16 U.S.C. 3838b(a)(2)). (8) Section 1238B(a)(11) (16 U.S.C. 3838b(a)(2)). (9) Section 1239(a) (16 U.S.C. 3839(a)). (b) Wetlands Reserve Program.--Section 1237(c) of such Act (16 U.S.C. 3837(c)) is amended by striking ``2000'' and inserting ``2005''. SEC. 2. AUTHORITY TO MODIFY OR EXTEND CONTRACTS. (a) In General.--Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836) is amended by inserting after section 1235A the following: ``SEC. 1235B. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER USES. ``(a) In General.--Prior to or upon the expiration of a contract entered into under this subchapter with respect to environmentally sensitive land (as defined by the State technical committee established under section 1261 in the State in which the land is located, or until such committee is formed, the State technical working group), the Secretary shall extend the duration of the contract, or modify the terms of the contract, in accordance with this section. The Secretary shall place a priority on extending or modifying under this section contracts entered into under this subchapter in such a way as to enable owners and operators to comply with the applicable plan referred to in section 1232(a)(1). ``(b) Options for Owners and Operators.--The Secretary shall permit an owner or operator who has entered into a contract under this subchapter that is in effect on the date of the enactment of this section-- ``(1) before the expiration of the contract, to remove land (including partial fields) from enrollment in the conservation reserve established under this subchapter if-- ``(A) the land is not highly erodible cropland; ``(B) the Soil Conservation Service has classified the land as class I, II, III(s), III(w), or III(c), and the land is covered by a conservation plan approved by the local conservation district (or, if the land is not within a conservation district, a plan approved by the Secretary) that limits the soil erosion to such land to not more than the soil loss tolerance level referred to in section 1201(a)(7)(A)(ii); or ``(C) the land is replaced by land of the same owner that, according to the local conservation district or the Secretary, is more environmentally sensitive; ``(2) before the expiration of the contract, to re-enroll in the reserve for not more than 10 years portions of land enrolled in the reserve if-- ``(A) the land will remain planted to permanent cover and devoted to filter strips, field borders, waterways, terraces, wildlife corridors, well-head protection; buffer strips adjacent to rivers, streams, lakes, wetlands, or any other conservation purpose that the Secretary deems appropriate; and ``(B) future production on the re-enrolled land will not contribute to erosion in excess of the soil loss tolerance level referred to in section 1201(a)(7)(A)(ii); ``(3) before the expiration of the contract, to enter into negotiations with the Secretary to receive reduced annual rental payments in exchange for permission to allow limited uses (as defined by the State technical committee established under section 1261 in the State in which the land is located, or until such committee is formed, the State technical working group) on enrolled land, including haying, grazing, seed production, production of bio-mass, timber, or such other uses as the Secretary may deem appropriate; ``(4) upon expiration of the contract, to retain or transfer cropland bases, with respect to crops for which there is a production adjustment program, to other lands, as long as enrolled croplands remain in permanent cover; or ``(5) upon expiration of the contract, to offer cropland bases, with respect to crops for which there is a production adjustment program, on land subject to the contract, for lease or sale to producers for use on cropland in the county in which the land is located or in an adjacent county, in exchange for maintaining the land in permanent cover, as approved by the State technical committee, or until such committee is formed, the State technical working group. ``(c) Limitation on Annual Rental Payment for Re-Enrolled Land or Land Permitted To Be Devoted to Limited Uses.--Annual rental payments made under this subchapter with respect to land that is the subject of an agreement entered into pursuant to paragraph (2) or (3) of subsection (b) shall not exceed an amount equal to 80 percent of the annual rental payment made under this subchapter with respect to the land for the 12-month period ending on the date the agreement takes effect.''. (b) Conforming Amendment.--Section 1232(a)(7) of such Act (16 U.S.C. 3832(a)(7)) is amended by inserting ``except to the extent authorized under section 1235B,'' after ``(7)''. SEC. 3. DEMONSTRATION PROJECTS. (a) Grant Authority.-- (1) In general.--The Secretary of Agriculture may make grants to producers of agricultural commodities to retain land in the conservation reserve established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985, or to enroll land in the reserve, for the purpose of enabling the owner of the land to grow grass or raise legumes (or do both) on such land, in rotation, as approved by the State technical committee established under section 1261 of such Act in the State in which the land is located or until such committee is formed, the State technical working group. (2) Number of sites.--The Secretary may not select more than 3 sites in each State with respect to which grants are to be made under paragraph (1). (b) Evaluation.--Not later than 3 years after the first grant is made under subsection (a), the Secretary shall evaluate the economic and environmental effects of the uses to which grants under subsection (a) have been put, and shall submit to the Congress a report that contains the findings of the Secretary. (c) Limitations on Authorization of Appropriations.--For grants under subsection (a), there are authorized to be appropriated to the Secretary not more than $500,000 for each of fiscal years 1996, 1997, and 1998.

Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve prgram. Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances. Authorizes a demonstration grant program to permit grass and or legumes to be grown on reserve land. Authorizes appropriations.

To extend the conservation reserve program for 10 years and the wetlands reserve program for 5 years; to protect vulnerable soil and water resources by facilitating the transition of our Nation's most environmentally sensitive land to conservation uses by enabling farmers to meet conservation compliance requirements through the early withdrawal, modification, re-enrollment, or enrollment of lands in the conservation reserve; to best achieve such conservation purposes with sharply limited resources by permitting the Secretary of Agriculture to negotiate reduced annual rental payments in exchange for granting farmers increased flexibility to withdraw, enroll, or re-enroll parts of land parcels in the conservation reserve program and for permitting limited uses on lands enrolled in the conservation reserve; to permit the transfer of crop bases among owners upon the expiration of enrollment; and to authorize the establishment of demonstration projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlocking Lifesaving Treatments for Rare-Diseases Act'' or ``ULTRA''. SEC. 2. IMPROVING THE ACCELERATED APPROVAL PATHWAY FOR FAST TRACK PRODUCTS TO SERVE THE UNMET NEEDS OF INDIVIDUALS WITH ULTRA RARE DISEASES. Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the following: ``(e) Scientific Standards for Approval of Certain Orphan Drugs as Fast Track Products.-- ``(1) In general.--The Secretary may approve an application for a drug designated under section 526 for a rare disease or condition as a fast track product using a surrogate endpoint as described under paragraph (2) if-- ``(A) the Secretary makes an initial determination that the drug is eligible for approval-- ``(i) as a drug designated for a rare disease or condition under section 526; and ``(ii) as a fast track product under this section; and ``(B) the drug is a treatment for a disease or condition that affects a small number of patients in the United States, as determined by the Secretary in designating the drug for a rare disease or condition under section 526. ``(2) Surrogate endpoint definition for certain fast track products.-- ``(A) In general.--If a drug meets the criteria established in paragraph (1), the Secretary-- ``(i) may use a surrogate endpoint for the approval of the drug as a fast track product based on the existence of reasonable scientific data that support and qualify the relevance of the surrogate endpoint to the disease state and treatment; and ``(ii) shall not require clinical treatment data or other historical clinical data on the surrogate endpoint as a prerequisite to assessment of the surrogate endpoint under this subsection if such data are not available. ``(B) Use of clinical data.-- ``(i) Subject to subparagraph (A)(ii), in a surrogate endpoint assessment under this subsection, the Secretary may take into consideration any reliable clinical data that are readily available and published. ``(ii) For a surrogate endpoint which the Secretary decides to use in accordance with subparagraph (A), nothing in this subsection shall preclude the Secretary from requiring clinical data that makes use of the surrogate endpoint as a condition of approval for the fast track product. ``(C) Guidance and considerations.--Not later than 1 year after the date of enactment of the Unlocking Lifesaving Treatments for Rare-Diseases Act, the Secretary shall issue guidance providing details and options for qualifying surrogate endpoints without clinical data pursuant to this subsection. In qualifying a surrogate endpoint under this subsection, the Secretary shall take into account and balance the following considerations: ``(i) The unmet need served by the drug and the adverse effects of the rare disease or condition on quality of life and length of life. ``(ii) The very low likelihood that clinical data would exist or that clinical studies would be completed to support a surrogate endpoint due to the small size of the patient population in the United States and other significant barriers inherent in performing such clinical studies due to the prevalence of the disease or related factors. ``(iii) The full scope of available basic scientific data and information describing the pathophysiology of the disease, mechanism of action of the drug, biology of the relevant disease pathway, information regarding the quality of the biomarker assay, model treatment data, or other supportive scientific information that the Secretary deems reasonably predictive of a clinical benefit in the absence of clinical data.''.

Unlocking Lifesaving Treatments for Rare-Diseases Act or ULTRA - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to approve an application for a drug as a fast track product using a surrogate endpoint, based on the existence of reasonable scientific data that support and qualify the relevance of such endpoint to the disease state and treatment, if the Secretary: (1) makes an initial determination that the drug is eligible for approval as a drug designated for a rare disease or condition (orphan drug) and as a fast track product, and (2) determines that the drug is a treatment for a disease or condition that affects a small number of patients in the United States. Prohibits the Secretary from requiring clinical treatment or other historical clinical data on such endpoint as a prerequisite to assessment of that endpoint if such scientific data is not available. Directs the Secretary to issue guidance providing details and options for qualifying surrogate endpoints without clinical data, taking into account and balancing: (1) the unmet need served by the drug and the adverse effects of the rare disease or condition on quality and length of life, (2) the very low likelihood that clinical data would exist or that clinical studies would be completed to support a surrogate endpoint due to the small size of the U.S. patient population and other significant barriers inherent in performing such studies due to the prevalence of the disease or related factors, and (3) the full scope of available basic scientific data and information that the Secretary deems reasonably predictive of a clinical benefit in the absence of clinical data.

To amend the Federal Food, Drug, and Cosmetic Act with respect to fast track approval of certain orphan drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Rights of Conscience Act of 2010''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) As Thomas Jefferson declared to New London Methodists in 1809, ``[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority''. (2) Jefferson's statement expresses a conviction on respect for conscience that is deeply embedded in the history and traditions of our Nation and codified in numerous State and Federal laws, including laws on health care. (3) Until enactment of the Patient Protection and Affordable Care Act (Public Law 111-148, in this section referred to as ``PPACA''), the Federal Government has not sought to impose specific coverage or care requirements that infringe on the rights of conscience of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care providers. (4) PPACA creates a new nationwide requirement for health plans to cover ``essential health benefits'' and ``preventive services'' (including a distinct set of ``preventive services for women''), delegating to the Department of Health and Human Services the authority to provide a list of detailed services under each category, and imposes other new requirements with respect to the provision of health care services. (5) While PPACA provides an exemption for some religious groups that object to participation in Government health programs generally, it does not allow purchasers, plan sponsors, and other stakeholders with religious or moral objections to specific items or services to decline providing or obtaining coverage of such items or services, or allow health care providers with such objections to decline to provide them. (6) By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates in PPACA jeopardize the ability of individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace. (b) Purposes.--The purposes of this Act are-- (1) to ensure that health care stakeholders retain the right to provide, purchase, or enroll in health coverage that is consistent with their religious beliefs and moral convictions, without fear of being penalized or discriminated against under PPACA; and (2) to ensure that no requirement in PPACA creates new pressures to exclude those exercising such conscientious objection from health plans or other programs under PPACA. SEC. 3. RESPECT FOR RIGHTS OF CONSCIENCE. (a) In General.--Section 1302(b) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended by adding at the end the following new paragraph: ``(6) Respecting rights of conscience with regard to specific items or services.-- ``(A) For health plans.--A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Service Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that it declines to provide coverage of specific items or services because-- ``(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or ``(ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage. ``(B) For health care providers.--Nothing in this title (or any amendment made by this title) shall be construed to require an individual or institutional health care provider, or authorize a health plan to require a provider, to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Notwithstanding any other provision of this title, a health plan shall not be considered to have failed to provide timely or other access to items or services under this title (or any amendment made by this title) or to fulfill any other requirement under this title because it has respected the rights of conscience of such a provider pursuant to this paragraph. ``(C) Nondiscrimination in exercising rights of conscience.--No Exchange or other official or entity acting in a governmental capacity in the course of implementing this title (or any amendment made by this title) shall discriminate against a health plan, plan sponsor, health care provider, or other person because of such plan's, sponsor's, provider's, or person's unwillingness to provide coverage of, participate in, or refer for, specific items or services pursuant to this paragraph. ``(D) Construction.--Nothing in subparagraph (A) or (B) shall be construed to permit a health plan or provider to discriminate in a manner inconsistent with subparagraphs (B) and (D) of paragraph (4). ``(E) Private rights of action.--The various protections of conscience in this paragraph constitute the protection of individual rights and create a private cause of action for those persons or entities protected. Any person or entity may assert a violation of this paragraph as a claim or defense in a judicial proceeding. ``(F) Remedies.-- ``(i) Federal jurisdiction.--The Federal courts shall have jurisdiction to prevent and redress actual or threatened violations of this paragraph by granting all forms of legal or equitable relief, including, but not limited to, injunctive relief, declaratory relief, damages, costs, and attorney fees. ``(ii) Initiating party.--An action under this paragraph may be instituted by the Attorney General of the United States, or by any person or entity having standing to complain of a threatened or actual violation of this paragraph, including, but not limited to, any actual or prospective plan sponsor, issuer, or other entity offering a plan, any actual or prospective purchaser or beneficiary of a plan, and any individual or institutional health care provider. ``(iii) Interim relief.--Pending final determination of any action under this paragraph, the court may at any time enter such restraining order or prohibitions, or take such other actions, as it deems necessary. ``(G) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this paragraph and coordinate the investigation of such complaints. ``(H) Actuarial equivalence.--Nothing in this paragraph shall prohibit the Secretary from issuing regulations or other guidance to ensure that health plans excluding specific items or services under this paragraph shall have an aggregate actuarial value at least equivalent to that of plans at the same level of coverage that do not exclude such items or services.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Public Law 111-148.

Respect for Rights of Conscience Act of 2010 - Amends the Patient Protection and Affordable Care Act (PPACA) to permit a health plan to decline coverage of specific items and services that are contrary to the religious beliefs of the sponsor, issuer, or other entity offering the plan or the purchaser or beneficiary (in the case of individual coverage) without penalty. Declares that such plans are still considered to: (1) be providing the essential health benefits package or preventive health services, (2) be a qualified health plan, and (3) have fulfilled other requirements under PPACA. Declares that nothing in PPACA shall be construed to authorize a health plan to require a provider to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Prohibits a health plan from being considered to have failed to provide timely or other access to items or services or to fulfill any other requirement under PPACA because it has respected the rights of conscience of such a provider. Prohibits an American Health Benefit Exchange or other official or entity acting in a governmental capacity in the course of implementing PPACA from discriminating against a health plan, plan sponsor, health care provider, or other person because of an unwillingness to provide coverage of, participate in, or refer for, specific items or services. Creates a private cause of action for the protection of individual rights created under this Act. Authorizes any person or entity to assert a violation of this Act as a claim or defense in a judicial proceeding. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints of discrimination based on this Act. Makes this Act effective as if it were included in PPACA.

To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulation of Mortgage Servicing Act of 2011''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Alternative to foreclosure.--The term ``alternative to foreclosure''-- (A) means a course of action with respect to a mortgage offered by a servicer to a borrower as an alternative to a covered foreclosure action; and (B) includes a short sale and a deed in lieu of foreclosure. (2) Borrower.--The term ``borrower'' means a mortgagor under a mortgage who is in default or at risk of imminent default, as determined by the Director, by rule. (3) Covered foreclosure action.--The term ``covered foreclosure action'' means a judicial or nonjudicial foreclosure. (4) Director.--The term ``Director'' means the Director of the Bureau of Consumer Financial Protection. (5) Independent reviewer.--The term ``independent reviewer''-- (A) means an entity that has the expertise and capacity to determine whether a borrower is eligible to participate in a loan modification program; and (B) includes-- (i) an entity that is not a servicer; and (ii) a division within a servicer that is independent of, and not under the same immediate supervision as, any division that makes determinations with respect to applications for loan modifications or alternatives to foreclosure. (6) Loan modification program.--The term ``loan modification program''-- (A) means a program or procedure designed to change the terms of a mortgage in the case of the default, delinquency, or imminent default or delinquency of a mortgagor; and (B) includes-- (i) a loan modification program established by the Federal Government, including the Home Affordable Modification Program of the Department of the Treasury; and (ii) a loan modification program established by a servicer. (7) Mortgage.--The term ``mortgage'' means a federally related mortgage loan, as defined in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602), that is secured by a first or subordinate lien on residential real property. (8) Servicer.--The term ``servicer''-- (A) has the same meaning as in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)); and (B) includes a person responsible for servicing a pool of mortgages. SEC. 3. SINGLE POINT OF CONTACT. (a) Case Manager Required.--A servicer shall assign 1 case manager to each borrower that seeks a loan modification or an alternative to foreclosure. (b) Duties of Case Manager.--The case manager assigned under subsection (a) shall be an individual who-- (1) manages the communications between the servicer and the borrower; (2) has the authority to make decisions about the eligibility of the borrower for a loan modification or an alternative to foreclosure; (3) is available to communicate with the borrower by telephone and email during business hours; and (4) remains assigned to the borrower until the earliest of-- (A) the date on which the borrower accepts a loan modification or an alternative to foreclosure; (B) the date on which the servicer forecloses on the mortgage of the borrower; and (C) the date on which a release of the mortgage of the borrower is recorded in the appropriate land records office, as determined by the Director, by rule. (c) Assistance for Case Managers.--A servicer may assign an employee to assist a case manager assigned under subsection (a), if the case manager remains available to communicate with the borrower by telephone and email. SEC. 4. DETERMINATION OF ELIGIBILITY FOR LOAN MODIFICATION PROGRAM OR ALTERNATIVE TO FORECLOSURE REQUIRED BEFORE FORECLOSURE. (a) Initiation of Covered Foreclosure Actions.--A servicer may not initiate a covered foreclosure action against a borrower unless the servicer has-- (1) completed a full review of the file of the borrower to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; (2) made a reasonable effort to obtain the information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, as described in subsection (c); and (3) offered the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for the loan modification or alternative to foreclosure. (b) Suspension of Covered Foreclosure Actions.-- (1) In general.--A servicer shall suspend a covered foreclosure action that was initiated before the date of enactment of this Act until the servicer-- (A) completes a full review of the file of the borrower to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; (B) notifies the borrower of the determination under subparagraph (A); and (C) offers the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for a loan modification or an alternative to foreclosure. (2) Suspension.--During the period of the suspension under paragraph (1), a servicer may not-- (A) send a notice of foreclosure to a borrower; (B) conduct or schedule a sale of the real property securing the mortgage of the borrower; or (C) cause final judgment to be entered against the borrower. (3) Reasonable efforts.--A servicer is not required to suspend a covered foreclosure action under paragraph (1) if the servicer-- (A) makes a reasonable effort to obtain information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, as described in subsection (c); and (B) documents that the servicer has not received information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure before the end of the applicable period under subsection (c). (4) Rule of construction.--Nothing in this section may be construed to require a servicer to delay an unavoidable foreclosure, such as foreclosure that results from a borrower abandoning the residential real property securing a mortgage. (c) Reasonable Effort To Obtain Necessary Information.--A servicer shall be deemed to have made a reasonable effort to obtain information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure if-- (1) during the 30-day period beginning on the date of delinquency of the borrower, the servicer attempts to establish contact with the borrower by-- (A) making not fewer than 4 telephone calls to the telephone number on record for the borrower, at different times of the day; and (B) sending not fewer than 2 written notices to the borrower at the address on record for the borrower, at least 1 of which shall be delivered by certified mail, requesting that the borrower contact the servicer; (2) in the case that the borrower responds in writing or by telephone to an attempt to establish contact under paragraph (1), the servicer-- (A) notifies the borrower, in writing, that the servicer lacks information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; and (B) sends the borrower a written request that the borrower transmit to the servicer all information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, not later than 30 days after the date on which the servicer sends the request; (3) in the case that the servicer does not receive from the borrower all information requested under paragraph (2)(B) on or before the date that is 30 days after the date on which the servicer sends the notice under paragraph (2), the servicer sends the borrower a written request that the borrower transmit to the servicer all information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, not later than 15 days after the date on which the servicer sends the request; and (4) in the case that the servicer does not receive from the borrower all information requested under paragraph (3) on or before the date that is 15 days after the date on which the servicer sends the request under paragraph (3), the servicer notifies the borrower that the servicer intends to initiate or continue a covered foreclosure action. SEC. 5. THIRD PARTY REVIEW. Before a servicer notifies a borrower that the borrower is not eligible for a loan modification or an alternative to foreclosure, the servicer shall obtain the services of an independent reviewer to-- (1) review the file of the borrower; and (2) determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. SEC. 6. BAR TO FORECLOSURE ACTIONS. (a) In General.--Subject to subsection (b), a violation of this Act shall be a bar to a covered foreclosure action. (b) Effect of Subsequent Compliance.--If a servicer is in compliance with this Act, the servicer may bring or proceed with a covered foreclosure action, without regard to a prior violation of this Act by the servicer. SEC. 7. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Housing and Urban Development and the Secretary of the Treasury, shall issue regulations to carry out this Act. SEC. 8. REPORT. Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress a report that contains-- (1) an evaluation of the effect of this Act on-- (A) State law; and (B) communication between servicers and borrowers; and (2) a description of any problems concerning the implementation of this Act.

Regulation of Mortgage Servicing Act of 2011 - Requires a mortgage servicer to assign one case manager to each borrower that seeks a mortgage loan modification or an alternative to foreclosure. Requires the case manager to: (1) manage the communication between the servicer and the borrower, and (2) make decisions about the borrower's eligibility for a loan modification or an alternative to foreclosure. Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has performed specified tasks related to offering the borrower, if eligible, a loan modification or an alternative to foreclosure. Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until such tasks have been performed. Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower. Prescribes requirements a servicer must meet in order to be deemed to have made a reasonable effort to obtain necessary information to determine a borrower's eligibility for a loan modification or an alternative to foreclosure. Requires a servicer, before notifying a borrower of his or her ineligibility for a loan modification or an alternative to foreclosure, to obtain the services of an independent reviewer to review the borrower's file and determine whether or not the borrower is eligible. Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation.

A bill to establish clear regulatory standards for mortgage servicers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping the Internet Devoid of Sexual Predators Act of 2007'' or the ``KIDS Act of 2007''. SEC. 2. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR SUPERVISION OF INTERNET ACCESS BY SEX OFFENDERS CONVICTED UNDER FEDERAL LAW. In addition to any other sums authorized to be appropriated for the purposes of supervising persons on probation and pretrial release in connection with convictions for Federal offenses, there are authorized to be appropriated $5,000,000 for each fiscal years 2008 through 2013 for any or all of the following purposes: (1) To evaluate computer internet filtering, monitoring and other programs and devices that are designed to filter access to certain web sites, permit monitoring of the use by persons under supervision of internet, and related purposes. (2) To purchase those programs and devices determined through that evaluation to be the best for those purposes. (3) To train probation officers in the use of those programs and devices. (4) To train probation officers in the supervision of sex offenders. (5) To hire probation officers and other personnel as required to supervise convicted sex offenders effectively. SEC. 3. DISCRETIONARY CONDITION OF PROBATION AND SUPERVISED RELEASE FOR SEX OFFENDERS. (a) Probation.--Section 3563(b) of title 18, United States Code, is amended-- (1) in paragraph (22), by striking ``or''; (2) by striking the period at the end of paragraph (23) and inserting ``; or'' and (3) by inserting after paragraph (23) the following: ``(24) if required to register under the Sex Offender Registration and Notification Act-- ``(A) obtain access to the Internet only from computers approved by the probation officer; ``(B) consent and fully cooperate with periodic examinations of the computers by the probation officer, including the retrieval and copying of all data from those computers and removal of the computer equipment for a reasonable period of time for the purpose of conducting a more thorough inspection; ``(C) consent and fully cooperate with the installation on the computers any hardware or software filtering systems designated by the probation officer that restrict the defendant's access to classes of web sites designated by the officer as to which, under the circumstances of the offense, access should be restricted; ``(D) consent and fully cooperate with the installation on the computers of monitoring systems or hardware that permit the probation officer to monitor the defendant's computer use to assure compliance with the law, conditions of probation, and to protect public safety; and ``(E) take no steps to disable or evade the filtering or monitoring programs or devices.''. (b) Supervised Release.--Section 3583(d) of title 18, United States Code, is amended by striking ``any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20)'' and inserting ``a condition set forth in section 3563(b), other than that described in paragraph (11) of that section''. SEC. 4. DIRECTION TO SENTENCING COMMISSION. The United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate amend the Federal sentencing guidelines (including its policy statements) applicable to persons convicted of sex offenses involving children in circumstances where the offense is committed or facilitated by the use of the Internet, and-- (1) a misrepresentation is made over the Internet as to the age of the offender; or (2) there is a failure of the offender to reveal the offender's status as a sex offender. SEC. 5. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM. (a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read as follows: ``(C) Minimum standards.--The electronic monitoring units used in the pilot program shall at a minimum-- ``(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and ``(ii) permit continuous monitoring of offenders 24 hours a day.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants provided on or after the date of the enactment of this Act. SEC. 6. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960A. Financial facilitation of access to child pornography ``Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or possession of, child pornography (as defined in Section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960A. Financial facilitation of access to child pornography.''. SEC. 7. CHANGE IN DEFINITION OF MONETARY INSTRUMENTS FOR MONEY LAUNDERING AND OTHER OFFENSES. Section 1956(c)(5) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (i); and (2) by inserting ``, (iii) electronic or digital currencies, and the corresponding monetary value of any associated account, or (iv) stored value cards or similar devices'' after ``delivery''. Passed the House of Representatives November 14, 2007. Attest: LORRAINE C. MILLER, Clerk.

Keeping the Internet Devoid of Sexual Predators Act of 2007 or the KIDS Act of 2007 - Authorizes additional appropriations for FY2008-FY2013 to: (1) evaluate and purchase Internet filtering and monitoring programs and devices; (2) train probation officers in the use of such programs and devices and in the supervision of sex offenders; and (3) hire probation officers and other personnel as required to supervise convicted sex offenders effectively. Amends the federal criminal code to: (1) include as discretionary conditions for the probation and supervised release of a convicted sex offender restricted access to the Internet and monitoring of computers used by such offender by a probation officer; (2) impose a fine and/or prison term of up to 20 years for conducting, or attempting or conspiring to conduct, a financial transaction to facilitate access to, or possession of, child pornography; and (3) include as monetary instruments for money laundering purposes electronic or digital currencies or stored value cards. Directs the U.S. Sentencing Commission to review and, if appropriate, amend its sentencing guidelines for sex offenses involving children where the crimes are committed or facilitated by use of the Internet and the offender's age is misrepresented on the Internet or the offender's status as a sex offender is not revealed. Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication.

A bill to authorize additional appropriations for supervision of Internet access by sex offenders convicted under Federal law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``City of North Las Vegas Public Land Acquisition Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Bureau of Land Management has extensive land ownership in a large parcel adjacent to private land in the City of North Las Vegas, Nevada, making this parcel difficult to manage and more appropriate for disposal. (2) In order to promote responsible and orderly development in the City of North Las Vegas, these Federal lands should be sold or exchanged by the Federal Government based on recommendations made by the City of North Las Vegas. (3) The Las Vegas metropolitan area is the fastest growing urban area in the United States, which is causing significant impacts upon the Lake Mead National Recreation Area, the Red Rock Canyon National Conservation Area, and the Spring Mountains National Recreation Area, which surround the Las Vegas Valley. (b) Purpose.--The purpose of this Act is to provide for the orderly disposal of certain Federal lands in the City of North Las Vegas, Nevada, and to provide for the acquisition of environmentally sensitive lands in the State of Nevada. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``unit of local government'' means the City of North Las Vegas in the State of Nevada. (3) The term ``Agreement'' means the agreement entitled ``The Interim Cooperative Management Agreement Between The United States Department of the Interior--Bureau of Land Management and Clark County'', dated November 4, 1992. (4) The term ``special account'' means the account in the Treasury of the United States established under section 4(e)(1)(C). (5) The term ``Recreation and Public Purposes Act'' means the Act entitled ``An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.). (6) The term ``regional governmental entity'' means the Southern Nevada Water Authority, the Regional Flood Control District, and the Clark County Sanitation District. SEC. 4. DISPOSAL AND EXCHANGE. (a) Disposal.--Notwithstanding the land use planning requirements contained in sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in accordance with this Act, the Federal Land Policy and Management Act of 1976, and other applicable law, and subject to valid existing rights is authorized to dispose of lands within the boundary of the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada, as generally depicted on the map entitled ``City of North Las Vegas: Planned Purchase by City from Bureau of Land Management at Appraised Fair Market Value (Approx. 7,500 acres)'', Map #000320, dated December 5, 1989. Such map shall be on file and available for public inspection in the offices of the Director and the Las Vegas District of the Bureau of Land Management. (b) Reservation for Local Public Purposes.-- (1) Recreation and public purpose act conveyances.--Not less than 30 days before the offering of lands for sale or exchange pursuant to subsection (a), the State of Nevada or the unit of local government in whose jurisdiction the lands are located may elect to obtain any such lands for local public purposes pursuant to the provisions of the Recreation and Public Purposes Act. Pursuant to any such election, the Secretary shall retain the elected lands for conveyance to the State of Nevada or such unit of the local government in accordance with the provisions of the Recreation and Public Purposes Act. (2) Rights-of-way.-- (A) Issuance.--Upon application, by a unit of local government or regional governmental entity, the Secretary, in accordance with this Act and the Federal Land Policy and Management Act of 1976, and other applicable provisions of law, shall issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels and other facilities and systems needed for-- (i) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin River) or wastewater; or (ii) flood control management. (B) Duration.--Right-of-way grants issued under this paragraph shall be valid in perpetuity. (C) Waiver of fees.--Right-of-way grants issued under this paragraph shall not require the payment of rental or cost recovery fees. (c) Withdrawal.--Subject to valid existing rights, all Federal lands identified in subsection (a) for disposal are withdrawn from location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws until such time as the Secretary terminates the withdrawal or the lands are patented. (d) Disposition of Proceeds.-- (1) Land sales.--Of the gross proceeds of sales of land under this subsection in a fiscal year-- (A) 5 percent shall be paid directly to the State of Nevada for use in the general education program of the State; (B) 10 percent shall be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County, Nevada; and (C) the remainder shall be deposited in a special account in the Treasury of the United States for use pursuant to the provisions of paragraph (3). Amounts in the special account shall be available to the Secretary without further appropriation and shall remain available until expended. (2) Land exchanges.--In the case of a land exchange under this section, the non-Federal party shall provide direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraphs (1)(A) and (B). The payments shall be based on the fair market value of the Federal lands to be conveyed in the exchange and shall be considered a cost incurred by the non-Federal party that shall be compensated by the Secretary if so provided by any agreement to initiate exchange. (3) Availability of special account.-- (A) In general.--Amounts deposited in the special account may be expended by the Secretary for-- (i) the acquisition of environmentally sensitive land in the State of Nevada in accordance with subsection (h), with priority given to lands located within Clark County; (ii) capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau of Land Management in Clark County, and the Spring Mountains National Recreation Area; (iii) development of a multispecies habitat conservation plan in Clark County, Nevada; (iv) development of parks, trails, and natural areas in Clark County, Nevada, pursuant to a cooperative agreement with a unit of local government; and (v) reimbursement of costs incurred by the local offices of the Bureau of Land Management in arranging sales or exchanges under this Act. (B) Procedures.--The Secretary shall coordinate the use of the special account with the Secretary of Agriculture, the State of Nevada, local governments, and other interested persons, to ensure accountability and demonstrated results. (C) Limitation.--Not more than 25 percent of the amounts available to the Secretary from the special account in any fiscal year (determined without taking into account amounts deposited under subsection (g)(4)) may be used in any fiscal year for the purposes described in subparagraph (A)(ii). (e) Investment of Special Account.--All funds deposited as principal in the special account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended according to the provisions of subsection (e)(3). SEC. 5. ACQUISITIONS. (a) Acquisitions.-- (1) Definition.--For purposes of this subsection, the term ``environmentally sensitive land'' means land or an interest in land, the acquisition of which the United States would, in the judgment of the Secretary or the Secretary of Agriculture-- (A) promote the preservation of natural, scientific, aesthetic, historical, cultural, watershed, wildlife, and other values contributing to public enjoyment and biological diversity; (B) enhance recreational opportunities and public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (D) otherwise serve the public interest. (2) In general.--After the consultation process has been completed in accordance with paragraph (3), the Secretary may acquire with proceeds of the special account environmentally sensitive land and interests in environmentally sensitive land. Lands may not be acquired under this section without the consent of the owner thereof. Funds made available from the special account may be used with any other funds made available under any other provision of law. (3) Consultation.--Before initiating efforts to acquire land under this subsection, the Secretary or the Secretary of Agriculture shall consult with the State of Nevada and with local government within whose jurisdiction the lands are located, including appropriate planning and regulatory agencies, and with other interested persons, concerning the necessity of making the acquisition, the potential impacts on State and local government, and other appropriate aspects of the acquisition. Consultation under this paragraph is in addition to any other consultation required by law. (b) Administration.--On acceptance of title by the United States, land and interests in land acquired under this subsection that is within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, any other system established by Act of Congress, or any national conservation or national recreation area established by Act of Congress-- (1) shall become part of the unit or area without further action by the Secretary or Secretary of Agriculture; and (2) shall be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. (c) Determination of Fair Market Value.--The fair market value of land or an interest in land to be acquired by the Secretary or the Secretary of Agriculture under this subsection shall be determined pursuant to section 206 of the Federal Land Policy and Management Act of 1976 and shall be consistent with other applicable requirements and standards. Fair market value shall be determined without regard to the presence of a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; or''; and (3) by adding at the end the following: ``(H) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act of 1997 that is not otherwise described in subparagraphs (A) through (G).''. SEC. 6. REPORT. The Secretary, in cooperation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives an annual report on all transactions under this section. SEC. 7. RECREATION AND PUBLIC PURPOSES ACT. (a) Transfer of Reversionary Interest.-- (1) In general.--Upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Recreation and Public Purposes Act, the Secretary may transfer the reversionary interest in such lands to other non-Federal lands. The transfer of the reversionary interest shall only be made to lands of equal value, except that with respect to the State of Nevada or a unit of local government an amount equal to the excess (if any) of the fair market value of lands received by the unit of local government over the fair market value of lands received by the unit of local government over the fair market value of lands transferred by the unit of local government shall be paid to the Secretary and shall be treated under subsection (e)(1) of this section as proceeds from the sale of land. For purposes of this subsection, the fair market value of lands to be transferred by the State of Nevada or a unit of local government may be based upon a statement of value prepared by a qualified appraiser. (2) Terms and conditions applicable to lands acquired.-- Land selected under this subsection by a grantee described in paragraph (1) shall be subject to the terms and conditions, uses, and acreage limitations of the lease or patent to which the lands transferred by the grantee were subject, including the reverter provisions, under the Recreation and Public Purposes Act.

City of North Las Vegas Public Land Acquisition Act of 1998 - Authorizes the Secretary of the Interior to dispose of specified lands under the jurisdiction of the Bureau of Land Management in Clark County, Nevada. Permits Nevada or the unit of local government in whose jurisdiction the lands are located, to elect to obtain any such lands for local public purposes. Requires the Secretary, upon application by a unit of local government or regional governmental entity, to issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels, and other facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin river) or wastewater; or (2) flood control management. Directs that, of the gross proceeds of sales of lands in a fiscal year: (1) five percent be paid directly to Nevada for use in the State's general education program; (2) ten percent be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County; and (3) the remainder be deposited in a special account for use pursuant to the special account provisions specified under this Act. Requires that, in the case of a land exchange, the non-Federal party provide direct payments to Nevada and the Southern Nevada Water Authority. Allows amounts deposited in the special account to be expended by the Secretary for: (1) the acquisition of environmentally sensitive land in Nevada, with priority given to lands located within Clark County; (2) capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau in Clark County, and the Spring Mountains National Recreation Area; (3) development of a multispecies habitat conservation plan in Clark County; (4) development of parks, trails, and natural areas in Clark County pursuant to a cooperative agreement with a unit of local government; and (5) reimbursement of costs incurred by the Bureau's local offices in arranging sales or exchanges under this Act. Requires the Secretary to: (1) coordinate the use of the special account with the Secretary of Agriculture, Nevada, local governments, and other interested persons to ensure accountability and demonstrated results; and (2) submit an annual report on all transactions under this Act to the Senate Committee on Energy and Natural Resources and the House Committee on Resources. Authorizes the Secretary to: (1) acquire with proceeds of the special account environmentally sensitive land and interests; and (2) transfer, upon request by a grantee of lands within Clark County that are subject to a lease or patent issued under the Recreation and Public Purposes Act, the reversionary interest in such lands to other non-Federal lands.

City of North Las Vegas Public Land Acquisition Act of 1998

SECTION 1. EXPANSION OF TAX REFUND REDUCTION PROVISION TO INCLUDE CERTAIN STATE AND LOCAL TAX DEBT. (a) Section 3720A of title 31, United States Code (relating to reduction of tax refund by amount of debt) is amended by adding at the end the following: ``(j) Collection of Past-Due Legally Enforceable State and Local Government Tax Obligations.--(1) Upon receiving notice from any State or local government that a named person owes a past-due, legally enforceable tax obligation to such government (other than an income tax debt to a State government), the Secretary of the Treasury shall, under such conditions as may be prescribed by the Secretary, determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall-- ``(A) reduce such refunds by an amount equal to the amount of such debt; ``(B) pay the amount of such reduction to the State or local government; ``(C) notify the State or local government of the person's name, taxpayer identification number, address, and the amount collected; and ``(D) notify the person due the refund that the refund has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. ``(2) Priorities for offset.--(A) Any overpayment (as defined in section 6401 of the Internal Revenue Code of 1986) by a person shall be reduced pursuant to this subsection-- ``(i) after such overpayment is reduced (I) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (II) with respect to past-due support (as defined in section 464(c) of the Social Security Act); and (III) with respect to any past-due, legally enforceable debt owed to a Federal agency; and ``(ii) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person. ``(B) If the Secretary receives notice from one or more agencies of State or local governments of more than one tax obligation subject to paragraph (1) that is owed by such person to any such agency, including any claim by a State for a past-due legally enforceable income tax obligation, any overpayment by such person shall be applied against such debts in the order in which such notices were filed. ``(3) Notice; consideration of evidence.--No State or local government may take action under this subsection until such State or local government-- ``(A) notifies the person owing the past-due, legally enforceable tax obligation by first-class mail at the taxpayer's last known address that the State or local government proposes to take action pursuant to this section; ``(B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; ``(C) considers any evidence presented by such person and determines that an amount of such debt is past-due and legally enforceable; and ``(D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State or local government has made reasonable efforts to obtain payment of such tax obligation. ``(4) Definition of past-due, legally enforceable tax obligation.-- In this subsection, the term `past-due, legally enforceable tax obligation' means a debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of tax to be due; or ``(II) a determination after an administrative hearing which has determined an amount of tax to be due; and ``(ii) which is no longer subject to judicial review; or ``(B) which resulted from a tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States and local governments must submit notices of past-due, legally enforceable tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States and local governments to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous payment to state or local government.--Any State or local government receiving notice from the Secretary that an erroneous payment has been made to such State or local government under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State or local government under such paragraph have been paid to such State or local government). ``(k) Treatment of Payments Made to State and Local Governments.-- The Secretary may provide that, for the purposes of determining interest, the payment of any amount withheld under subsection (j) to a State or local government shall be treated as a payment to the person or persons making the overpayment.''. (b) Disclosure of Certain Information to Agencies of States and Local Governments Requesting Refund Offsets for Past-Due, Legally Enforceable Tax Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue Code of 1986 is amended-- (1) in the paragraph heading, by inserting after ``6402'' the following: ``or under subsection (j) of section 3720A of title 31, united states code''; (2) in subparagraph (A), by inserting after ``6402'' the following: `` or subsection (j) of section 3720A of title 31, United States Code,''; and (3) in subparagraph (B)-- (A) by striking ``section 6402 is'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code, is''; and (B) by striking ``section 6402.'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code.''.

Amends Federal law to direct the Secretary of the Treasury to reduce a Federal tax refund by the amount necessary to satisfy a past-due, legally enforceable tax obligation owed to either a State or local governmental entity which has given notice to the Secretary of such debt. Requires such governmental entities to notify the person owing the tax obligation by first-class mail that the State or local government proposes to take such action. Amends the Internal Revenue Code of 1986 with regard to Internal Revenue Service disclosures to State and local government agencies requesting refund offsets for such past-due tax obligations.

To amend title 31, United States Code, to allow certain State and local tax debt to be collected through the reduction of Federal tax refunds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Indian Tribal Natural Resource Income Act of 1995''. SEC. 2. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM NATURAL RESOURCES ACTIVITIES. (a) In General.--Subchapter C of chapter 80 of the Internal Revenue Code of 1986 (relating to provisions affecting more than one subtitle) is amended by adding at the end the following new section: ``SEC. 7874. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM THE HARVEST OF TRIBALLY OWNED NATURAL RESOURCES. ``(a) In General.-- ``(1) Income and self-employment taxes.--No tax shall be imposed by subtitle A on income derived from a natural resources-related activity conducted-- ``(A) by a member of an Indian tribe directly or through a qualified Indian entity; or ``(B) by a qualified Indian entity. ``(2) Employment taxes.--No tax shall be imposed by subtitle C on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity. ``(b) Definitions.--For purposes of this section: ``(1) Natural resources-related activity.--The term `natural resources-related activity' means, with respect to an Indian tribe, any activity directly related to cultivating, harvesting, processing, extracting, or transporting natural resources held in trust by the United States for the benefit of such tribe or directly related to selling such natural resources but only if substantially all of the selling activity is performed by members of such tribe. ``(2) Qualified indian entity.-- ``(A) In general.--The term `qualified Indian entity' means an entity-- ``(i) engaged in a natural resources- related activity of one or more Indian tribes; ``(ii) all of whose equity interests are owned by such tribes or members of such tribes; and ``(iii) substantially all of the management functions of the entity are performed by members of such tribes. ``(B) Entities engaged in processing or transportation.--Except as provided in regulations similar to regulations in effect under section 7873(b)(3)(A)(iii) on the date of the enactment of this section, if an entity is engaged to any extent in any processing or transporting of natural resources, the term `qualified Indian entity' shall also include an entity whose annual gross receipts are 90 percent or more derived from natural resources-related activities of one or more Indian tribes each of which owns at least 10 percent of the equity interests in the entity. For purposes of this subparagraph, equity interests owned by a member of such a tribe shall be treated as owned by the tribe. ``(c) Special Rules.-- ``(1) Distributions from qualified indian entity.--For purposes of this section, any distribution with respect to an equity interest in a qualified Indian entity of one or more Indian tribes to a member of one of such tribes shall be treated as derived by such member from a natural resources- related activity to the extent such distribution is attributable to income derived by such entity from a natural resources-related activity. ``(2) De minimis unrelated amounts may be excluded.--If, but for this paragraph, all but a de minimis amount derived by a qualified Indian tribal entity or by a tribal member through such entity, or paid to an individual for services, would be entitled to the benefits of subsection (a), then the entire amount shall be so entitled. ``(d) No Inference Created.--Nothing in this title shall create any inference as to the existence or non-existence or scope of any exemption from tax for income derived from tribal rights secured as of January 1, 1995, by any treaty, law, or Executive Order.''. (b) Conforming Amendment.--The table of sections for subchapter C of chapter 80 of such Code is amended by adding at the end the following new item: ``Sec. 7874. Federal tax treatment of income derived by Indians from the harvest of tribally owned natural resources.'' (c) Effective Date.--The amendments made by this section shall apply to periods before, on, or after the date of the enactment of this Act.

Treatment of Indian Tribal Natural Resource Income Act of 1995 - Amends the Internal Revenue Code to exempt from Federal income tax income derived from a natural resources-related activity by Indians or a qualified Indian entity. Prohibits a tax on remuneration paid for services performed in a natural resources-related activity by one member of a tribe for another member of such tribe. Defines natural resources-related activity and qualified Indian entity.

Treatment of Indian Tribal Natural Resource Income Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Commission on Campaign Finance Reform Act of 1997''. SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Independent Commission on Campaign Finance Reform'' (referred to in this Act as the ``Commission''). The purposes of the Commission are to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Composition.--The Commission shall be composed of 12 members appointed within 15 days after the date of the enactment of this Act by the President from among individuals who are not incumbent Members of Congress and who are specially qualified to serve on the Commission by reason of education, training, or experience. (b) Appointment.-- (1) In general.--Members shall be appointed as follows: (A) 3 members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the Speaker of the House of Representatives. (B) 3 members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the majority leader of the Senate. (C) 3 members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the minority leader of the House of Representatives. (D) 3 members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the minority leader of the Senate. (2) Failure to submit list of nominees.--If an official described in any of the subparagraphs of paragraph (1) fails to submit a list of nominees to the President during the 15-day period which begins on the date of the enactment of this Act-- (A) such subparagraph shall no longer apply; and (B) the President shall appoint 3 members (one of whom shall be a political independent) who meet the requirements described in subsection (a) and such other criteria as the President may apply. (3) Political independent defined.--In this subsection, the term ``political independent'' means an individual who at no time after January 1992-- (A) has held elective office as a member of the Democratic or Republican party; (B) has received any wages or salary from the Democratic or Republican party or from a Democratic or Republican party office-holder or candidate; or (C) has provided substantial volunteer services or made any substantial contribution to the Democratic or Republican party or to a Democratic or Republican party office-holder or candidate. (c) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. (d) Terms.--The members of the Commission shall serve for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 4. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. In carrying out the preceding sentence, the Commission shall ensure that a substantial number of its meetings are open meetings, with significant opportunities for testimony from members of the general public. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. The approval of at least 9 members of the Commission is required when approving all or a portion of the recommended legislation. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--With the approval of the Commission, the staff director of the Commission may appoint and fix the pay of additional personnel. The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (2) Experts and consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. SEC. 6. REPORT AND RECOMMENDED LEGISLATION. (a) Report.--Not later than July 1, 1998, or 240 days after the appointment of its members (whichever occurs earlier), the Commission shall submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate a report of the activities of the Commission. (b) Recommendations; Draft of Legislation.--The report under subsection (a) shall include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in the rules of the Senate or the House of Representatives, to which 9 or more members of the Commission may agree, together with drafts of-- (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations (and drafts) for legislation which may be implemented prior to the adoption of such proposed amendment. (c) Goals of Recommendations and Legislation.--In making recommendations and preparing drafts of legislation under this section, the Commission shall consider the following to be its primary goals: (1) Encouraging fair and open Federal elections which provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a more equitable electoral system for challengers and incumbents. SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION. (a) In General.--If any legislation is introduced the substance of which implements a recommendation of the Commission submitted under section 6(b) (including a joint resolution proposing an amendment to the Constitution), subject to subsection (b), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of the legislation in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (b) Special Rules.--For purposes of applying subsection (a) with respect to such provisions, the following rules shall apply: (1) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on Rules and Administration of the Senate. (2) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which the recommendation involved is submitted under section 6(b). (3) Notwithstanding subsection (d)(2) of section 2908 of such Act-- (A) debate on the legislation in the House of Representatives, and on all debatable motions and appeals in connection with the legislation, shall be limited to not more than 10 hours, divided equally between those favoring and those opposing the legislation; (B) debate on the legislation in the Senate, and on all debatable motions and appeals in connection with the legislation, shall be limited to not more than 10 hours, divided equally between those favoring and those opposing the legislation; and (C) debate in the Senate on any single debatable motion and appeal in connection with the legislation shall be limited to not more than 1 hour, divided equally between the mover and the manager of the bill (except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee), and the majority and minority leader may each allot additional time from time under such leader's control to any Senator during the consideration of any debatable motion or appeal. SEC. 8. TERMINATION. The Commission shall cease to exist 90 days after the date of the submission of its report under section 6. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Independent Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than July 1998 or 240 days after the appointment of its members (whichever occurs earlier), to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.

Independent Commission on Campaign Finance Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Attention To Nutrition (EATN) Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) heart disease, cancer, stroke, and diabetes are responsible for \2/3\ of deaths in the United States; (2) the major risk factors for those diseases and conditions are established in childhood through unhealthy eating habits, physical inactivity, obesity, and tobacco use; (3) obesity rates have doubled in children and tripled in adolescents over the last 2 decades; (4) today, 1 in 7 young people are obese, and 1 in 3 are overweight; (5) obese children are twice as likely as nonobese children to become obese adults; (6) an overweight condition and obesity can result in physical, psychological, and social consequences, including heart disease, diabetes, cancer, depression, decreased self- esteem, and discrimination; (7) only 2 percent of children consume a diet that meets the 5 main recommendations for a healthy diet from the Food Guide Pyramid published by the Secretary of Agriculture; (8) 3 out of 4 high school students in the United States do not eat the recommended 5 or more servings of fruits and vegetables each day; and (9) 3 out of 4 children in the United States consume more saturated fat than is recommended in the Dietary Guidelines for Americans published by the Secretary of Agriculture. SEC. 3. TEAM NUTRITION NETWORK GRANTS. Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is amended to read as follows: ``SEC. 19. TEAM NUTRITION NETWORK GRANTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to promote the nutritional health of school children through nutrition education and other activities that support healthy lifestyles for children; ``(2) to provide grants to States for the development of statewide, comprehensive, and integrated nutrition education programs; and ``(3) to provide training and technical assistance to States, school and community nutrition programs, and child nutrition food service professionals. ``(b) Definition of Team Nutrition Network.--In this section, the term `team nutrition network' means a multidisciplinary program to promote healthy eating to children based on scientifically valid information and sound educational, social, and marketing principles. ``(c) Grants.--The Secretary is authorized to make grants to State educational agencies to promote the nutritional health of school children through the establishment of team nutrition networks. ``(d) Allocation.-- ``(1) In general.--Subject to paragraph (2) and subsections (g) and (h), the Secretary shall allocate funds made available for a fiscal year under subsection (i) to make grants to eligible State educational agencies for a fiscal year in an amount determined by the Secretary, based on the ratio that-- ``(A) the number of lunches reimbursed through food service programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) in schools, institutions, and service institutions in the State that participate in the food service programs; bears to ``(B) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs. ``(2) Minimum grant.-- ``(A) In general.--The amount of a grant made to a State educational agency for a fiscal year under this section shall not be less than $500,000. ``(B) Insufficient funds.--If the amount made available for any fiscal year is insufficient to pay the amount to which each eligible State educational agency is entitled under subparagraph (A), the Secretary shall select, on a competitive basis, eligible State educational agencies that will receive, at least, the minimum amount of grants required under subparagraph (A). ``(e) Eligibility.--To be eligible to receive a grant under this section, a State educational agency shall submit a State plan to the Secretary for approval, in such manner and at such time as the Secretary determines, that includes information regarding how the grant will be used in accordance with this section. ``(f) Uses of Grant.--Subject to subsection (g), a grant made under this section may be used to-- ``(1) instruct students with regard to the nutritional value of foods and the relationship between food and human health; ``(2) promote healthy eating by children; ``(3) provide assistance to schools in the adoption and implementation of school policies that promote healthy eating; ``(4) foster community environments that support healthy eating and physical activities; ``(5) provide training and technical assistance to teachers and school food service professionals consistent with this section; ``(6) evaluate State and local nutrition education programs; ``(7) disseminate educational materials statewide through the use of the Internet, mailings, conferences, and other communication channels; ``(8) provide subgrants to school and school food authorities for carrying out nutrition education activities at the local level; and ``(9) conduct programs and education for parents and caregivers regarding healthy eating for children. ``(g) State Coordinators.-- ``(1) In general.--The Secretary shall ensure that at least 10 percent of a grant made to a State educational agency for each fiscal year is used by the State educational agency to appoint a team nutrition network coordinator for the State. ``(2) Role of state coordinators.--A team nutrition network coordinator for a State shall-- ``(A) develop and administer the team nutrition network in the State; and ``(B) coordinate the team nutrition network of the State with-- ``(i) the Secretary (acting through the Food and Nutrition Service); ``(ii) State agencies responsible for children's health programs (including school- based children's health programs); and ``(iii) other appropriate Federal, State, and local agencies. ``(h) National Activities.-- ``(1) In general.--The Secretary shall reserve 20 percent of the amount of funds made available for each fiscal year under subsection (i) to promote team nutrition networks nationally in accordance with this subsection. ``(2) Activities.--Of the amount of funds that are reserved for a fiscal year under this section, the Secretary shall use-- ``(A) 50 percent of the reserved funds for-- ``(i) evaluation of activities funded under this section; and ``(ii) development of a clearinghouse for collecting and disseminating information on best practices for promoting healthy eating in school and community child nutrition programs; and ``(B) 50 percent of the reserved funds to carry out national activities to support team nutrition networks through the Secretary, acting through the Undersecretary of Food and Nutrition Services. ``(i) Funding.-- ``(1) In general.--On October 1, 2004, and on each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $50,000,000, to remain available until expended. ``(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.''.

Early Attention to Nutrition (EATN) Act of 2004 - Amends the Child Nutrition Act of 1966 to establish multidisciplinary team nutrition networks, through grants to State education agencies and national activities, to promote the nutritional health of school children.

A bill to amend the Child Nutrition Act of 1966 to create team nutrition networks to promote the nutritional health of school children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Reduction Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury is a persistent and toxic pollutant that bioaccumulates in the environment; (2) according to recent studies, mercury deposition is a significant public health threat in many States throughout the United States; (3) 40 States have issued fish advisories that warn certain individuals to restrict or avoid consuming mercury-contaminated fish from affected bodies of water; (4) according to a report by the National Academy of Sciences, over 60,000 children are born each year in the United States at risk for adverse neurodevelopmental effects due to exposure to methyl mercury in utero; (5) studies have documented that exposure to elevated levels of mercury in the environment results in serious harm to species of wildlife that consume fish; (6) according to the Mercury Study Report, prepared by the Environmental Protection Agency and submitted to Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year; (7) the Governors of the New England States have endorsed a regional goal of ``the virtual elimination of the discharge of anthropogenic mercury into the environment''; (8) mercury fever thermometers are easily broken, creating a potential risk of dangerous exposure to mercury vapor in indoor air and risking mercury contamination of the environment; and (9) according to the Environmental Protection Agency, the quantity of mercury in 1 mercury fever thermometer, approximately 1 gram, is enough to contaminate all fish in a lake with a surface area of 20 acres. SEC. 3. MERCURY. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following: ``SEC. 3024. MERCURY. ``(a) Prohibition on Sale of Mercury Fever Thermometers Except by Prescription.--Effective beginning 180 days after the date of enactment of this section-- ``(1) a person shall not sell or supply mercury fever thermometers to consumers, except by prescription; and ``(2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on-- ``(A) careful handling of the thermometer to avoid breakage; and ``(B) proper cleanup of the thermometer and its contents in the event of breakage. ``(b) Thermometer Exchange Program.--The Administrator shall make grants to States, municipalities, nonprofit organizations, or other suitable entities for implementation of a national program for the collection of liquid mercury fever thermometers from households and their exchange for thermometers that do not contain mercury. ``(c) Management of Collected Mercury.-- ``(1) Task force.-- ``(A) Establishment.--There is established an advisory committee to be known as the `Task Force on Mercury' (referred to in this section as the `Task Force'). ``(B) Membership.--The Task Force shall be composed of 5 members, of whom-- ``(i) 1 member shall be the Administrator, who shall serve as Chairperson of the Task Force; ``(ii) 1 member shall be the Secretary of State; ``(iii) 1 member shall be the Secretary of Defense; ``(iv) 1 member shall be the Secretary of Energy; and ``(v) 1 member shall be the Director of the National Institute of Environmental Health Sciences of the Department of Health and Human Services. ``(C) Date of appointments.--The appointment of a member of the Task Force shall be made not later than 30 days after the date of enactment of this section. ``(D) Term; vacancies.-- ``(i) Term.--A member shall be appointed for the life of the Task Force. ``(ii) Vacancies.--A vacancy on the Task Force-- ``(I) shall not affect the powers of the Task Force; and ``(II) shall be filled in the same manner as the original appointment was made. ``(E) Meetings.-- ``(i) Initial meeting.--Not later than 30 days after the date on which all members of the Task Force have been appointed, the Task Force shall hold the initial meeting of the Task Force. ``(ii) Calling of meetings.--The Task Force shall meet at the call of the Chairperson. ``(iii) Quorum.--A majority of the members of the Task Force shall constitute a quorum, but a lesser number of members may hold hearings. ``(F) Duties.-- ``(i) In general.--Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to Congress a report containing recommendations and suggested actions concerning-- ``(I) the long-term management of surplus mercury collected from-- ``(aa) mercury fever thermometers; ``(bb) other medical and commercial sources; ``(cc) government sources, including mercury stored by the Department of Defense and the Department of Energy; and ``(dd) industrial or other sources in the United States; ``(II) programs to test the long- term durability of promising technologies for sequestration of mercury; ``(III) storage of mercury collected or sequestered under subclause (I) or (II), in a manner that ensures that there is no release of the mercury into the environment; ``(IV) reduction of the total threat posed by mercury to humans and the environment; and ``(V) reduction of the total quantity of mercury produced, used, and released on a global basis, including whether and how-- ``(aa) the quantity of virgin mercury mined from the ground and placed in circulation each year can be reduced through bilateral or international agreements or other means; ``(bb) the quantity of mercury intentionally used in products, mining, and manufacturing can be reduced through substitution of mercury-free alternatives that are safer, available, and affordable; and ``(cc) essential mercury needs can be met through use of stockpiles in existence on the date of enactment of this section rather than through use of virgin mercury. ``(ii) Consultation.--In carrying out this subparagraph, the Task Force shall consult with States, industries, and health, environmental, and consumer organizations. ``(G) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out this section. ``(H) Information from federal agencies.-- ``(i) In general.--The Task Force may secure directly from a Federal agency such information as the Task Force considers necessary to carry out this section. ``(ii) Provision of information.--On request of the Chairperson of the Task Force, the head of the agency shall provide the information to the Task Force. ``(I) Postal services.--The Task Force may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. ``(J) Gifts.--The Task Force may accept, use, and dispose of gifts or donations of services or property. ``(K) Compensation of members; travel expenses.-- ``(i) Federal employees.--A member of the Task Force who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. ``(ii) Travel expenses.--A member of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Task Force. ``(L) Staff and funding.-- ``(i) Determination.--The Chairperson of the Task Force shall determine the level of staff and funding that are adequate to carry out the activities of the Task Force. ``(ii) Source.--The staff and funding shall be provided by and drawn equally from the resources of-- ``(I) the Department of Energy; ``(II) the Department of Defense; and ``(III) the Environmental Protection Agency. ``(iii) Appointment of staff.--The Chairperson may, without regard to the civil service laws (including regulations), appoint and terminate such staff as are necessary to enable the Task Force to perform the duties of the Task Force. ``(iv) Compensation.-- ``(I) In general.--Except as provided in subclause (II), the Chairperson may fix the compensation of the staff of the Task Force that are not officers or employees of the Federal Government without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. ``(II) Maximum rate of pay.--The rate of pay for the staff shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(v) Detail of federal government employees.-- ``(I) In general.--An employee of the Federal Government may be detailed to the Task Force without reimbursement. ``(II) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. ``(vi) Procurement of temporary and intermittent services.--The Chairperson of the Task Force may procure for the purposes of the Task Force temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. ``(M) Termination of task force.--The Task Force shall terminate on the date that is 90 days after the date on which the Task Force submits the report required under subparagraph (F)(i). ``(N) No effect on other law.--Nothing in this paragraph affects the regulation of mercury under-- ``(i) any other provision of this subtitle; or ``(ii) any other law. ``(2) Responsibility of the administrator for safe management and storage of mercury.--In consultation with the Task Force, the Administrator shall-- ``(A)(i) purchase or otherwise take title to the mercury collected under the thermometer exchange program established under subsection (b), or collected from any other source; ``(ii) manage (or designate a contractor to manage) the mercury collected in a manner that ensures that the mercury collected is not released into the environment; ``(iii) ensure, to the maximum extent practicable, that the mercury collected under the thermometer exchange program established under subsection (b), or an equivalent quantity of mercury, is not reintroduced into commerce; and ``(iv) provide to the Task Force, for inclusion in the report of the Task Force under paragraph (1)(F)(i), an analysis of, and recommendations relating to, the mercury collection and management activities carried out under this section; and ``(B)(i) identify potential mercury stabilization technologies and long-term storage measures that ensure minimal release of mercury into the environment; and ``(ii) conduct such research, development, and demonstration of the technologies and measures as the Administrator determines to be appropriate. ``(d) Relation to Other Law.--Nothing in this section-- ``(1) precludes any State from imposing any additional requirement; or ``(2) diminishes any obligation, liability, or other responsibility under other Federal law. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section (other than subsection (c)(2)(A)) $20,000,000, of which-- ``(A) not more than 2.5 percent shall be used to carry out the activities of the Task Force; and ``(B) not more than 2.5 percent shall be used to carry out subsection (c)(2)(B). ``(2) Safe management and storage.--In addition to the amount authorized to be appropriated under paragraph (1), there is authorized to be appropriated to carry out subsection (c)(2)(A) $1,000,000 for each fiscal year.''. (b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following: ``Sec. 3024. Mercury.''. Passed the Senate September 5, 2002. Attest: JERI THOMSON, Secretary.

Mercury Reduction Act of 2002 - Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supply of mercury fever thermometers to consumers, except by prescription; and (2) require manufacturers to provide clear instructions on handling of thermometers to avoid breakage and on proper cleanup in the event of breakage.Requires the Administrator of the Environmental Protection Agency to provide grants for a household mercury thermometer collection and exchange program.Establishes a Task Force on Mercury to make recommendations on: (1) the long-term management of surplus mercury collected from thermometers and from medical, commercial, government, and industrial and other sources; (2) programs to test technologies for sequestration of retired mercury; (3) storage of mercury in a manner that ensures no release into the environment; (4) reduction of the total threat posed by mercury to humans and the environment; and (5) reduction of mercury produced, used, and released.Directs the Administrator, in consultation with the Task Force, to: (1) take title to mercury collected under the thermometer exchange program or from another source; (2) manage the mercury in a manner that prevents its release into the environment; (3) ensure that collected mercury is not reintroduced into commerce; (4) provide to the Task Force an analysis of, and recommendations concerning, collection and management activities under this Act; and (5) identify stabilization technologies and long-term storage measures that prevent mercury release and conduct appropriate research, development, and demonstration.Authorizes appropriations.

A bill to amend the Solid Waste Disposal Act to reduce the quantity of mercury in the environment by limiting the use of mercury fever thermometers and improving the collection and proper management of mercury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Freedom of Healthcare Act''. SEC. 2. FINDINGS. Congress finds the following: (1) All veterans who have signed up to put their life on the line for the lives and liberty of the people of the United States deserve the opportunity to seek health care at a facility of their choice, regardless of arbitrary distance and wait-time thresholds. (2) Logistical impediments to veterans receiving health care at medical facilities of the Veterans Health Administration of the Department of Veterans Affairs, including with respect to travel, wait times, and enrollment difficulty, have been found to exist across all demographics of veterans and are widely cited among the most common barriers to receiving the health care the veterans earned. (3) As a result of widespread reporting on such impediments, including regarding the death of 40 veterans who died while waiting for health care at the Phoenix Veterans' Hospital, in 2014 Congress investigated the matter and confirmed that such impediments were pervasive and systemic. (4) As of September 30, 2014, there were approximately 867,000 applications by veterans to enroll in the health care system of the Department, and the Inspector General of the Department could not determine how long more than half of the applications had been pending. (5) The Secretary of Veterans Affairs has been unable to meet the modest goal of employing one psychiatrist per 1,000 individual mental health patients of the Department. (6) The Inspector General found that approximately 70 percent of the hospitals of the Department in 2014 did not have enough psychiatrists to meet demand. (7) The Inspector General found that a significant proportion of the psychiatrists of the Department saw in excess of 800 to 900 veterans per year and some veterans were only seen once per year because of the demand. (8) A study by the National Institutes of Health identified the lack of available female-specific medical services and wait times as key barriers to female veterans seeking health care at medical facilities of the Department. (9) The Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) made great strides toward providing veterans with more flexibility to seek health care in the setting of choice by the veteran, however, the metrics established by the Act to determine which veterans were eligible for such flexibility are insufficient. (10) Other impediments to veterans receiving health care at medical facilities of the Department can include long commutes on group transport, or having to cross bridges or State lines to receive care. (11) Many veterans like the health care provided by the Department and the hospitals of the Department hold particular expertise in treating ailments of veterans. (12) Veterans should have the option to stay with the Department if the veteran likes the health care system of the Department. SEC. 3. EXPANSION OF CHOICE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Elimination of Sunset.-- (1) In general.--Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (A) by striking subsection (p); and (B) by redesignating subsections (q), (r), (s), and (t) as subsections (p), (q), (r), and (s), respectively. (2) Conforming amendments.--Such section is amended-- (A) in subsection (i)(2), by striking ``during the period in which the Secretary is authorized to carry out this section pursuant to subsection (p)''; and (B) in subsection (p)(2), as redesignated by paragraph (1)(B), by striking subparagraph (F). (b) Expansion of Eligibility.-- (1) In general.--Subsection (b) of such section is amended to read as follows: ``(b) Eligible Veterans.--A veteran is an eligible veteran for purposes of this section if the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code, including any such veteran who has not received hospital care or medical services from the Department and has contacted the Department seeking an initial appointment from the Department for the receipt of such care or services.''. (2) Conforming amendments.--Such section is amended-- (A) in subsection (c)(1)-- (i) in the matter preceding subparagraph (A), by striking ``In the case of an eligible veteran described in subsection (b)(2)(A), the Secretary shall, at the election of the eligible veteran'' and inserting ``The Secretary shall, at the election of an eligible veteran''; and (ii) in subparagraph (A), by striking ``described in such subsection'' and inserting ``of the Veterans Health Administration''; (B) in subsection (f)(1), by striking ``subsection (b)(1)'' and inserting ``subsection (b)''; (C) in subsection (g), by striking paragraph (3); and (D) in subsection (p)(2)(A), as redesignated by subsection (a)(1)(B), by striking ``, disaggregated by--'' and all that follows through ``subsection (b)(2)(D)''. (c) Provision of Care by the Department.--In carrying out chapter 17 of title 38, United States Code, the Secretary of Veterans Affairs shall ensure that veterans enrolled in the health care system established under section 1705(a) of such title, particularly such veterans with service-connected disabilities rated 50 percent or greater described in paragraph (1) of such section, are able to receive-- (1) health care at medical facilities of the Department within the wait-time goals described in section 101(c)(1) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note); and (2) the highest degree of quality care possible, with an emphasis on maintaining the highest degree of quality in treating ailments that are unique to or prevalent among the veteran population, including with respect to mental health services. (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (1) The efficacy of the Veterans Choice Program established by section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) with respect to veterans being able to access the health care required by the veteran, including any recommendations of the Secretary to improve such access. (2) The efficacy of the Secretary with respect to ensuring that veterans enrolled in the health care system established under section 1705(a) of title 38, United States Code, who need to or elect to receive health care at medical facilities of the Department are able to receive such care. (e) Effective Date.--The amendments made by this section shall apply with respect to hospital care and medical services furnished under such section on and after the date that is 90 days after the date of the enactment of this Act.

Veterans Freedom of Healthcare Act This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to make the Department of Veterans Affairs (VA) Choice Program permanent. (The program allows the furnishing of hospital care and medical services to eligible veterans through agreements with non-VA entities.) Program eligibility requirements are revised. The VA shall ensure that veterans enrolled in the health care system, particularly those with service-connected disabilities rated 50% or greater, are able to receive: health care at VA medical facilities within certain wait-time goals; and the highest degree of care possible, with an emphasis on maintaining the highest degree of quality in treating ailments unique to or prevalent among the veteran population, including mental health services.

Veterans Freedom of Healthcare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting the Right to Independent and Democratic Elections Act'' or the ``PRIDE Voting Act''. SEC. 2. ELECTION SECURITY GRANT PROGRAM. (a) Establishment.-- (1) In general.--There is hereby established an Election Security grant program (in this section referred to as the ``program'') under which the Secretary of Homeland Security awards grants to States to carry out one of more of the following activities: (A) Implementing or improving the use of auditable paper ballots in accordance with the requirements of paragraph (2), including the updating of any voting system in order to implement or improve the use of auditable paper ballots. (B) Conducting post-election risk limiting audits. (C) Implementing cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)). In implementing such standards and best practices, a State shall, to the extent practicable, utilize CIS Controls from the nonprofit Center for Internet Security (formerly the 20 Critical Security Controls). (2) Paper ballot requirement.-- (A) Voter-verified paper ballots.--The requirements described in this paragraph, with respect to the use of paper ballots in a voting system, are the following: (i) Paper ballot requirement.--(I) The voting system shall require the use of an individual, durable, voter-verified, paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by a digital scanning device or other counting device. For purposes of this subclause, the term ``individual, durable, voter-verified, paper ballot'' means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system. (II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter- verified paper ballot is preserved in accordance with clause (ii). (III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote. (ii) Preservation as official record.--The individual, durable, voter-verified, paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (iii) Manual counting requirements for recounts and audits.--(I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified, paper ballots shall be the true and correct record of the votes cast. (iv) Clarification regarding use of grant funds.--Grant funds awarded to the State for the purposes described in paragraph (1)(A) shall not be used with respect to any form of remote ballot casting that results in an electronic transmission of a voted ballot. (B) Special rule for treatment of disputes when paper ballots have been shown to be compromised.-- (i) In general.--In the event that-- (I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter- verified, paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and (II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. (ii) Rule for consideration of ballots associated with each voting machine.--For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots. (3) Outside expert support.--A State may use grant funds provided under the program to employ or contract with private sector entities or individuals with expertise in information technology or cybersecurity to carry out activities under the program. (b) Duration.-- (1) Initial period.--Except as provided in paragraph (2), the program shall be carried out for a period of 5 years. (2) Additional period.--The Secretary may carry out the program for an additional period of 5 years if the Secretary determines, based on the report submitted under subsection (d)(2), that the program is efficacious and such additional period is appropriate. (c) Application.-- (1) In general.--A State desiring a grant under this section shall submit to the Secretary of Homeland Security an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. (2) Contents.--An application submitted under paragraph (1) shall describe the activities for which a grant under this section is sought. (d) Reports.-- (1) Grantee reporting.--Not later than 1 year after the execution of a grant agreement pursuant to this section, the State shall submit to the Secretary a report on the activities conducted with the funds provided, including information regarding how and where such funds were spent and such additional information as the Secretary determines is appropriate for oversight of the program under this section. (2) Report to congress by the secretary.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate Congressional committees a report on the program under this section, together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (e) Indian Tribe Eligibility.--An Indian Tribe is eligible to apply for and receive a grant under this section in the same manner as a State, except that the Secretary may adjust any requirement under this section for an Indian Tribe to accomplish the purposes of this grant. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate Congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs, the majority leader, and the minority leader of the Senate; and (B) the Committee on Homeland Security, the Speaker, and the minority leader of the House of Representatives. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Risk limiting audit.--The term ``risk limiting audit'' means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (5) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. (6) Voting system.--The term ``voting system'' has the meaning given that term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)). (g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $2,500,000,000 for the period of fiscal years 2019 through 2028. Amounts appropriated under the preceding sentence shall remain available until expended.

Protecting the Right to Independent and Democratic Elections Act or the PRIDE Voting Act This bill establishes an election security grant program under which the Department of Homeland Security awards grants to states to carry out one or more of the following activities: (1) implementing or improving the use of auditable paper ballots, (2) conducting post-election risk limiting audits, and (3) implementing cybersecurity standards and best practices developed by the National Institute of Standards and Technology.

Protecting the Right to Independent and Democratic Elections Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bond Price Competition Improvement Act of 1999''. SEC. 2. EXTENSION OF TRANSACTION REPORTING TO DEBT SECURITIES. (a) Amendment.--Subsection (d) of section 11A of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(d)) is amended to read as follows: ``(d) Minimum Requirements for Transaction Information on Debt Securities.-- ``(1) Action Required.--The Commission shall adopt such rules and take such other actions under this section as may be necessary or appropriate, having due regard for the public interest, the protection of investors, and the maintenance of fair and orderly markets to assure the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of transaction information, including last sale data, with respect to covered debt securities so that such information is available to all exchange members, brokers, dealers, securities information processors, and all other persons. In determining the rules or other actions to take under this subsection, the Commission shall take into consideration, among other factors, private sector systems for the collection and distribution of transaction information on corporate debt securities. ``(2) Effect on other authority.--Nothing in this subsection limits or otherwise alters the Commission's authority under the other provisions of this section or any other provision of this title. ``(3) Definitions.--For purposes of this subsection: ``(A) Covered debt securities.--The term `covered debt securities' means bonds, debentures, or other debt instruments of an issuer, other than-- ``(i) exempted securities; and ``(ii) securities that the Commission determines by rule to except from the requirements of this subsection. ``(B) Transaction information.--The term `transaction information' means information concerning such price, volume, and yield information associated with a transaction involving the purchase or sale of a covered debt security as may be prescribed by the Commission by rule for purposes of this subsection. ``(C) Factors in definitional rules.--In prescribing rules pursuant to this paragraph, the Commission shall take into consideration the extent to which a security is actively traded, market liquidity, competition, the protection of investors and the public interest, and other relevant factors.''. (b) Conforming Amendment.--Section 11A(a)(3)(A) of such Act is amended by striking ``(which shall be in addition to the National Market Advisory Board established pursuant to subsection (d) of this section)''. (c) Deadline for Action.--The Securities and Exchange Commission shall take action to implement the requirements of section 11A(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(d)), as amended by subsection (a) of this section, within 12 months after the date of enactment of this Act. SEC. 3. EXCHANGE LISTING OF DEBT SECURITIES. Section 12(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(a)) is amended by striking the period at the end thereof and inserting the following: ``, except that a registration is not required to be effective for trading on an exchange of a class of debt securities of an issuer that has another class of securities for which a registration is effective for such exchange. Such a class of debt securities shall, for purposes of any provision of this title or the rules or regulations thereunder, be treated as a class of securities registered under this section upon approval of the listing of such class of debt securities by the exchange.''. SEC. 4. TECHNICAL AMENDMENT. Section 3(a)(12)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(B)) is amended by adding at the end the following new clause: ``(iii) Notwithstanding subparagraph (A)(i) of this paragraph, securities, other than equity securities, that are described in subparagraphs (B) and (C) of paragraph (42) of this subsection shall not be deemed to be exempted securities for purposes of section 11A of this title.''. SEC. 5. STUDIES. (a) Studies Required.--The Comptroller General shall conduct a study of measures needed in the public interest and for the protection of investors to improve the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of information concerning transactions-- (1) in debt securities as to which transaction information is collected but not disseminated pursuant to section 11A(d) of the Securities Exchange Act of 1934, as amended by this Act (15 U.S.C. 78k-1(d)); and (2) in municipal securities (as such term is defined in section 3(a)(29) of such Act (15 U.S.C. 78c(a)(29)). (b) Commission and MSRB Participation.--The Comptroller General shall conduct the study required by subsection (a)(1) in consultation with the Securities and Exchange Commission, and the study required by subsection (a)(2) in consultation with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board. (c) Submission of Reports.--The Comptroller General shall submit to the Congress a report on the studies required by subsection (a) within one year after the date of enactment of this Act. Such reports shall include an identification of the measures needed to improve the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of information concerning transactions in the debt securities and municipal securities described in such subsection, including measures requiring legislative or regulatory action. Passed the House of Representatives June 14, 1999. Attest: JEFF TRANDAHL, Clerk.

Bond Price Competition Improvement Act of 1999 - Amends the Securities Exchange Act of 1934 (the Act) to replace requirements regarding the National Market Advisory Board with the requirement that the Securities and Exchange Commission (SEC) adopt rules and take actions to assure prompt, comprehensive public dissemination of transaction information, including last sale date, regarding covered debt securities (i.e., bonds, debentures, or other debt instruments besides exempted securities). Directs the SEC, when determining such actions to consider private sector collection and distribution systems for transaction information on corporate debt securities. Modifies securities' registration requirements to provide that: (1) a registration is not required to be effective for exchange trading of a class of debt securities of an issuer that has another class of securities for which a registration is effective for such exchange; and (2) such class of debt securities shall be treated as registered upon approval of its listing by the exchange. Directs the Comptroller General to study and report to Congress on investor protection measures needed to improve information dissemination and transparency concerning transactions in: (1) debt securities as to which transaction information is collected but not disseminated pursuant to the Act; and (2) municipal securities.

Bond Price Competition Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Mortgage Loan Modification Act of 2007''. SEC. 2. SAFE HARBOR FOR HOLDERS ENGAGED IN TROUBLED DEBT RESTRUCTURING WITH REGARD TO RESIDENTIAL MORTGAGE LOANS. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 129 the following new section: ``Sec. 129A. Safe harbor for holders engaged in troubled debt restructuring with regard to residential mortgage loans ``(a) In General.--A creditor, assignee, servicer, securitizer, or other holder of a residential mortgage loan shall not be liable to any person under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State, or under any contract, for entering into a qualified loan modification or workout plan on any residential mortgage loan, as provided by this subsection, that was consummated on or after January 1, 2004. ``(b) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Qualified loan modification or workout plan.--The term `qualified loan modification or workout plan' means a troubled debt restructuring that meets the following criteria with respect to a residential mortgage loan: ``(A) The loan is in payment default under the loan agreements or payment default is imminent or reasonably foreseeable. ``(B) The creditor, assignee, servicer, securitizer, or other holder reasonably believes that the net present value to be realized on the loan, as determined under the applicable contract, will be maximized by entering into the workout plan. ``(2) Qualified mortgage.-- ``(A) In general.--The term `qualified mortgage' means-- ``(i) any residential mortgage loan that constitutes a first lien on the dwelling or real property securing the loan and either-- ``(I) has an annual percentage rate that does not equal or exceed the yield on securities issued by the Secretary of the Treasury under chapter 31 of title 31, United States Code, that bear comparable periods of maturity by more than 3 percentage points; or ``(II) has an annual percentage rate that does not equal or exceed the most recent conventional mortgage rate, or such other annual percentage rate as may be established by regulation under paragraph (6), by more than 175 basis points; ``(ii) any residential mortgage loan that is not the first lien on the dwelling or real property securing the loan and either-- ``(I) has an annual percentage rate that does not equal or exceed the yield on securities issued by the Secretary of the Treasury under chapter 31 of title 31, United States Code, that bear comparable periods of maturity by more than 5 percentage points; or ``(II) has an annual percentage rate that does not equal or exceed the most recent conventional mortgage rate, or such other annual percentage rate as may be established by regulation under paragraph (6), by more than 375 basis points; and ``(iii) a loan made or guaranteed by the Secretary of Veterans Affairs. ``(B) Most recent conventional mortgage rate.--The term `most recent conventional mortgage rate' means the contract interest rate on commitments for fixed-rate first mortgages most recently published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication), in the week preceding a date of determination for purposes of applying this subsection. ``(3) Residential mortgage loan defined.--For purposes of this subsection, the term `residential mortgage loan' means a loan that is secured by a lien on an owner-occupied dwelling and is not a qualified mortgage. ``(4) Securitization vehicle.--The term `securitization vehicle' means a trust, corporation, partnership, limited liability entity, or special purpose entity that-- ``(A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and ``(B) holds such loans. ``(5) Securitizer.--The term `securitizer' means the person that transfers, conveys, or assigns, or causes the transfer, conveyance, or assignment of, residential mortgage loans, including through a special purpose vehicle, to any securitization vehicle, excluding any trustee that holds such loans solely for the benefit of the securitization vehicle. ``(c) Effective Period.--This section shall apply only with respect to qualified loan modification or workout plans initiated during the 6- month period beginning on the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by adding after the item relating to section 129 the following new item: ``129A. Safe harbor for holders engaged in troubled debt restructuring with regard to residential mortgage loans.''.

Emergency Mortgage Loan Modification Act of 2007- Amends the Truth in Lending Act to shield holders of residential mortgage loans from liability for entering into a qualified loan modification or workout plan on any residential mortgage loan consummated on or after January 1, 2004. Applies such shield from liability only to qualified loan modification or workout plans initiated during the six-month period beginning on the date of the enactment of this Act.

To amend the Truth in Lending Act to remove an impediment to troubled debt restructuring on the part of holders of residential mortgage loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthmatic Schoolchildren's Treatment and Health Management Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Asthma is a chronic condition requiring lifetime, ongoing medical intervention. (2) In 1980, 6,700,000 Americans had asthma. (3) In 2001, 20,300,000 Americans had asthma and 6,300,000 children under age 18 had asthma. (4) The prevalence of asthma among African-American children was 40 percent greater than among Caucasian children, and more than 26 percent of all asthma deaths are in the African-American population. (5) In 2000, there were 1,800,000 asthma-related visits to emergency departments (more than 728,000 of these involved children under 18 years of age). (6) In 2000, there were 465,000 asthma-related hospitalizations (214,000 of these involved children under 18 years of age). (7) In 2000, 4,487 people died from asthma, and of these 223 were children. (8) According to the Centers for Disease Control and Prevention, asthma is a common cause of missed school days, accounting for approximately 14,000,000 missed school days annually. (9) According to the New England Journal of Medicine, working parents of children with asthma lose an estimated $1,000,000,000 a year in productivity. (10) At least 30 States have legislation protecting the rights of children to carry and self-administer asthma metered- dose inhalers, and at least 18 States expand this protection to epinephrine auto-injectors. (11) Tragic refusals of schools to permit students to carry their inhalers and auto-injectable epinephrine have occurred, some resulting in death and spawning litigation. (12) School district medication policies must be developed with the safety of all students in mind. The immediate and correct use of asthma inhalers and auto-injectable epinephrine are necessary to avoid serious respiratory complications and improve health care outcomes. (13) No school should interfere with the patient-physician relationship. (14) Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can kill within minutes. Anaphylaxis occurs in some asthma patients. According to the American Academy of Allergy, Asthma, and Immunology, people who have experienced symptoms of anaphylaxis previously are at risk for subsequent reactions and should carry an epinephrine auto- injector with them at all times, if prescribed. (15) An increasing number of students and school staff have life-threatening allergies. Exposure to the affecting allergen can trigger anaphylaxis. Anaphylaxis requires prompt medical intervention with an injection of epinephrine. SEC. 3. PREFERENCE FOR STATES THAT ALLOW STUDENTS TO SELF-ADMINISTER MEDICATION TO TREAT ASTHMA AND ANAPHYLAXIS. (a) Amendments.--Section 399L of the Public Health Service Act (42 U.S.C. 280g) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Preference for States That Allow Students to Self-Administer Medication to Treat Asthma and Anaphylaxis.-- ``(1) Preference.--The Secretary, in awarding any grant under this section or any other grant that is asthma-related (as determined by the Secretary) to a State, shall give preference to any State that satisfies the following: ``(A) In general.--The State must require that each public elementary school and secondary school in that State will grant to any student in the school an authorization for the self-administration of medication to treat that student's asthma or anaphylaxis, if-- ``(i) a health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; ``(ii) the student has demonstrated to the health care practitioner (or such practitioner's designee) and the school nurse (if available) the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed; ``(iii) the health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and ``(iv) the student's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under clause (iii) and other documents related to liability. ``(B) Scope.--An authorization granted under subparagraph (A) must allow the student involved to possess and use his or her medication-- ``(i) while in school; ``(ii) while at a school-sponsored activity, such as a sporting event; and ``(iii) in transit to or from school or school-sponsored activities. ``(C) Duration of authorization.--An authorization granted under subparagraph (A)-- ``(i) must be effective only for the same school and school year for which it is granted; and ``(ii) must be renewed by the parent or guardian each subsequent school year in accordance with this subsection. ``(D) Backup medication.--The State must require that backup medication, if provided by a student's parent or guardian, be kept at a student's school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. ``(E) Maintenance of information.--The State must require that information described in clauses (iii) and (iv) of subparagraph (A) be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylaxis emergency. ``(2) Rule of construction.--Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(3) Definitions.--For purposes of this subsection: ``(A) Elementary school and secondary school.--The terms `elementary school' and `secondary school' have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965. ``(B) Health care practitioner.--The term `health care practitioner' means a person authorized under law to prescribe drugs subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act. ``(C) Medication.--The term `medication' means a drug as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act and includes inhaled bronchodilators and auto-injectable epinephrine. ``(D) Self-administration.--The term `self- administration' means a student's discretionary use of his or her prescribed asthma or anaphylaxis medication, pursuant to a prescription or written direction from a health care practitioner.''. (b) Applicability.--The amendments made by this section shall apply only with respect to grants made on or after the date that is 9 months after the date of the enactment of this Act. SEC. 4. SENSE OF CONGRESS COMMENDING CDC FOR ITS STRATEGIES FOR ADDRESSING ASTHMA WITHIN A COORDINATED SCHOOL HEALTH PROGRAM. It is the sense of Congress-- (1) to commend the Centers for Disease Control and Prevention for identifying and creating ``Strategies for Addressing Asthma Within a Coordinated School Program'' for schools to address asthma; and (2) to encourage all schools to review these strategies and adopt policies that will best meet the needs of their student population.

Asthmatic Schoolchildren's Treatment and Health Management Act of 2004 - (Sec. 3) Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services, in making certain PHSA grants or any other asthma-related grant to a State, to give preference to States that require public elementary and secondary schools to allow students to self-administer medication to treat that student's asthma or anaphylaxis under specified conditions. Provides that this Act does not create a cause of action or in any other way increase or diminish the liability of any person under any other law. (Sec. 4) Expresses the sense of Congress: (1) commending the Centers for Disease Control and Prevention for identifying and creating strategies for addressing asthma within a coordinated school program; and (2) encouraging all schools to review these strategies and adopt policies that will best meet the needs of their student population.

A bill to give a preference regarding States that require schools to allow students to self-administer medication to treat that student's asthma or anaphylaxis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Prevention Act of 2013''. SEC. 2. DIABETES PREVENTION UNDER THE MEDICARE PROGRAM. (a) Coverage of Diabetes Prevention Program Services.-- (1) Coverage of services.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (EE), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (FF), by inserting ``and'' after the semicolon at the end; and (iii) by adding at the end the following new subparagraph: ``(GG) items and services furnished under a diabetes prevention program (as defined in subsection (iii)(1)) to an eligible diabetes prevention program individual (as defined in subsection (iii)(2));''. (B) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Diabetes Prevention Program; Eligible Diabetes Prevention Program Individual; Qualified Diabetes Prevention Program Provider ``(iii)(1)(A) The term `diabetes prevention program' means a program that-- ``(i) meets the criteria described in subparagraph (B); and ``(ii) is furnished by a qualified diabetes prevention program provider (as defined in paragraph (3)(A)). ``(B) The Secretary shall establish the criteria for a diabetes prevention program. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, and shall require that the program complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(C) Items and services furnished under a diabetes prevention program may be furnished in a community setting, as defined by the Secretary. ``(D) The Secretary shall establish procedures under which a qualified diabetes prevention program provider may contract with a diabetes prevention program delivery partner to furnish the items and services under a diabetes prevention program. For purposes of this subsection, the term `diabetes prevention program delivery partner' means an entity, including non-profit organizations, public and private hospitals, State and local departments of public health, and Federally qualified health centers, that meets criteria established by the Secretary. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(2)(A) The term `eligible diabetes prevention program individual' means an individual at risk for diabetes (as defined in subsection (yy)(2)) who would benefit from items and services under a diabetes prevention program, as determined based on criteria established by the Secretary. ``(B) The criteria established under subparagraph (A) shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(3)(A)(i) The term `qualified diabetes prevention program provider' means any entity, including a Federally qualified health center, that the Secretary determines-- ``(I) is appropriate to furnish items and services under a diabetes prevention program; and ``(II) meets criteria established by the Secretary, in consultation with the Centers for Disease Control and Prevention. ``(ii) A qualified diabetes prevention program provider may be, as determined appropriate by the Secretary, a supplier (as defined in subsection (d)), a provider of services (as defined in subsection (u)), a health insurance or services company, a community-based organization, or any other appropriate entity. ``(B) A qualified diabetes prevention program provider shall-- ``(i) furnish the items and services under the diabetes prevention program through a delivery partner (pursuant to paragraph (1)(D)) unless no such delivery partner is available; ``(ii) manage and track the outcomes of a diabetes prevention program (including attendance and weight loss of participating individuals) through defined systems, including outcomes of programs furnished under contract with a diabetes prevention program delivery partner as defined in paragraph (1)(D); ``(iii) implement business processes to manage program workflow, such as eligibility, reporting, claims billing, class scheduling, and enrollment; ``(iv) manage and verify billing accuracy and beneficiary eligibility (as described in paragraph (2)); ``(v) comply with applicable laws and regulations and ensure such compliance by a diabetes prevention program delivery partner; ``(vi) perform various forms of engagement with, and outreach to, eligible diabetes prevention program individuals, including those participating in programs furnished under contract with a diabetes prevention program delivery partner; ``(vii) comply with all program integrity requirements as established by the Secretary; and ``(viii) perform such other functions as established by the Secretary.''. (2) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (Z)'' and inserting ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to items and services furnished under a diabetes prevention program (as defined in section 1861(iii)(1)), the amount paid shall be 100 percent of (i) except as provided in clause (ii), the lesser of the actual charge for the items and services or the amount determined under the fee schedule that applies to such items and services under this part, as determined by the Secretary, and (ii) in the case of such items and services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection (t)''. (3) Waiver of application of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(10)''; and (B) by inserting before the period the following: ``, and (11) such deductible shall not apply with respect to items and services under a diabetes prevention program (as defined in section 1861(iii)(1))''. (4) Assignment of claims.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A qualified diabetes prevention program provider (as defined in section 1861(iii)(3)(A)).''. (5) Exclusion of items and services under a diabetes prevention program from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``items and services under a diabetes prevention program (as defined in section 1861(iii)(1)),'' after ``qualified psychologist services,''. (6) Inclusion in federally qualified health center services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the comma at the end and inserting ``; and''; and (C) by adding after subparagraph (B) the following new subparagraph: ``(C) items and services under a diabetes prevention program (as defined in section 1861(iii)(1)),''. (7) Special consideration for the dual eligible population.--In implementing the amendments made by this subsection, the Secretary of Health and Human Services shall give special consideration to the needs of individuals who are dually eligible for benefits under the Medicare and Medicaid programs. (8) Evaluation and report to congress.-- (A) Evaluation.--The Secretary of Health and Human Services shall conduct an evaluation on the coverage of items and services under a diabetes prevention program under the Medicare program, as added by the amendments made by this subsection. Such evaluation shall include an analysis of-- (i) the impact of the provision of such coverage on Medicare beneficiaries, including the impact on various populations, such as individuals who are dually eligible for benefits under the Medicare and Medicaid programs, and the impact of the provision of such coverage on health disparities; (ii) the rate at which physicians refer eligible diabetes prevention program individuals to diabetes prevention programs under the Medicare program; (iii) Medicare beneficiary participation levels in diabetes prevention programs under the Medicare program and the awareness of Medicare beneficiaries of the benefit; (iv) the health outcomes resulting from completion of a diabetes prevention program under the Medicare program; (v) program integrity protections important to diabetes prevention programs under the Medicare program; and (vi) other areas determined appropriate by the Secretary. (B) Report.--Not later than January 1, 2019, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subparagraph (A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (9) Effective date.--The amendments made by paragraphs (1) through (6) shall apply with respect to services furnished on or after January 1, 2015. (b) Inclusion of Referral Rates to Diabetes Prevention Programs in the Medicare Physician Quality Reporting System.--Section 1848(k)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395w- 4(k)(2)(C)(i)) is amended by adding at the end the following new sentence: ``For purposes of reporting data on quality measures for covered professional services furnished during 2018 and each subsequent year, the quality measures specified under this paragraph shall include a measure with respect to referrals of eligible diabetes prevention program individuals (as defined in paragraph (2) of section 1861(iii)) to diabetes prevention programs (as defined in paragraph (1) of such section).''. (c) Inclusion of Diabetes Risk Assessment in Medicare Personalized Prevention Plan.-- (1) In general.--Section 1861(hhh)(2)(C) of the Social Security Act (42 U.S.C. 1395x(hhh)(2)(C)) is amended by inserting before the period at the end the following: ``, and an assessment of whether the individual is an individual at risk for diabetes (as defined in subsection (yy)(2))''. (2) Effective date.--The amendments made by this subsection shall apply to personalized prevention plans created or updated on or after January 1, 2015. SEC. 3. FINDINGS; SENSE OF THE SENATE REGARDING DIABETES PREVENTION UNDER THE MEDICAID PROGRAM. (a) Findings.--Congress makes the following findings: (1) The prevalence and cost of diabetes is a significant concern for State Medicaid programs. By 2021, the Medicaid program is expected to cover 13,000,000 people with diabetes and about 9,000,000 people who may have pre-diabetes. By 2021, States will spend an estimated $83,000,000,000 on individuals with diabetes or pre-diabetes. (2) The National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, has been proven to reduce the onset of diabetes in at-risk adults by 58 percent, using a cost-effective, community-based intervention. (b) Sense of the Senate.--It is the sense of the Senate that the National Diabetes Prevention Program presents an opportunity for States to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.

Medicare Diabetes Prevention Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage of diabetes prevention program services to an eligible diabetes prevention program individual. Directs the Secretary of Health and Human Services (HHS) to establish the criteria for a diabetes prevention program in accordance with the standards under the National Diabetes Prevention Program established by the Centers for Disease Control and Prevention (CDC). Excludes items and services under a diabetes prevention program from the skilled nursing facility prospective payment system. Includes: (1) items and services under a diabetes prevention programs among federally qualified health center services, (2) rates of referrals of eligible individuals to diabetes prevention programs among the quality measures for covered professional services in the Medicare physician quality reporting system, and (3) an individual's diabetes risk assessment in the individual's Medicare personalized prevention plan. Expresses the sense of the House that the National Diabetes Prevention Program presents an opportunity for states to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.

Medicare Diabetes Prevention Act of 2013

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for disaster assistance because of the Los Angeles Earthquake for the fiscal year ending September 30, 1994, and for other purposes, namely: CHAPTER I DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES RELATED AGENCY Small Business Administration disaster loans program account For an additional amount for emergency expenses resulting from the January 1994 earthquake in Southern California and other disasters, $163,405,000, to remain available until expended, of which up to $35,000,000 may be transferred to and merged with the appropriations for ``Salaries and expenses'' for associated administrative expenses: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER II DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES DEPARTMENT OF EDUCATION impact aid For carrying out disaster assistance activities resulting from the January 1994 earthquake in Southern California and other disasters as authorized under section 7 of Public Law 81-874, $165,000,000, to remain available through September 30, 1995: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. student financial assistance For an additional amount for ``Student financial assistance'' for payment of awards made under title IV, part A, subpart 1 of the Higher Education Act of 1965, as amended, $80,000,000, to remain available through September 30, 1995: Provided, That notwithstanding sections 442(e) and 462(j) of such Act, the Secretary may reallocate, for use in award year 1994-1995 only, any excess funds returned to the Secretary of Education under the Federal Work-Study or Federal Perkins Loan programs from award year 1993-1994 to assist individuals who suffered financial harm from the January 1994 earthquake in Southern California and other disasters: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER III DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES FEDERAL HIGHWAY ADMINISTRATION Federal-Aid Highways emergency relief program (highway trust fund) For the Emergency Fund authorized by 23 U.S.C. 125 to cover expenses arising from the January 1994 earthquake in Southern California and other disasters, $950,000,000; and in addition $400,000,000, which shall be available only to the extent an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress, all to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the limitation on obligations per State in 23 U.S.C. 125(b) shall not apply to projects relating to such earthquake: Provided further, That notwithstanding 23 U.S.C. 120(e), the Federal share for any project on the Federal-aid highway system related to such earthquake shall be 100 percent for the costs incurred in the 180 day period beginning on the date of the earthquake: Provided further, That with regard to these funds, the Secretary and the Administrator of the Environmental Protection Agency may waive or modify any provision of any environmental statute or regulation if they jointly find that in their judgment (i) such waiver is required to facilitate the obligation and use of such funds, and (ii) such waiver would not be inconsistent with the overall purposes of applicable environmental laws. CHAPTER IV DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES DEPARTMENT OF VETERANS AFFAIRS Veterans Health Administration medical care For an additional amount for emergency expenses resulting from the January 1994 earthquake in Southern California, $21,000,000, to remain available until expended, of which not to exceed $802,000 is available for transfer to General Operating Expenses, the Guaranty and Indemnity Program Account, and the Vocational Rehabilitation Loans Program Account: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs annual contributions for assisted housing For an additional amount under this head for rental assistance under the section 8 existing housing certificate program (42 U.S.C. 1437f) and the housing voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), $150,000,000, to remain available until December 31, 1995: Provided, That these funds shall be used first to replenish amounts used from the headquarters reserve established pursuant by section 213(d)(4)(A) of the Housing and Community Development Act of 1974, as amended, for assistance to victims of the January 1994 earthquake in Southern California: Provided further, That any amounts remaining after the headquarters reserve has been replenished shall be available for additional assistance to victims of the earthquake referred to above: Provided further, That in administering these funds, the Secretary may waive any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or any use by the recipient of these funds, except for the requirements relating to fair housing and nondiscrimination, the environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. flexible subsidy fund For emergency assistance to owners of eligible multifamily housing projects damaged by the January 1994 earthquake in Southern California who are either insured or formerly insured under the National Housing Act, as amended, or otherwise eligible for assistance under section 201(c) of the Housing and Community Development Amendments of 1978, as amended (12 U.S.C. 1715z-1a), in the program of assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, as amended, $100,000,000, to remain available until September 30, 1995: Provided, That assistance to an owner of a multifamily housing project assisted, but not insured under the National Housing Act, may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development: Provided further, That assistance is for the repair of damage or the recovery of losses directly attributable to the Southern California earthquake of 1994: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. fha--general and special risk program account For higher mortgage limits and improved access to mortgage insurance for victims of the January 1994 earthquake in Southern California and other disasters, Title II of the National Housing Act, as amended, is further amended, as follows: (1) in section 203(h), by: (A) striking out ``section 102(2) and 401 of the Disaster Relief and Emergency Assistance Act'' and inserting ``Robert T. Stafford Disaster Relief and Emergency Assistance Act''; and (B) adding the following new sentence at the end thereof: ``In any case in which the single family residence to be insured under this subsection is within a jurisdiction in which the President has declared a major disaster to have occurred, the Secretary is authorized, for a temporary period not to exceed 18 months from the date of such Presidential declaration, to enter into agreements to insure a mortgage which involves a principal obligation of up to 100 percent of the dollar limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for single family residence, and not in excess of 100 percent of the appraised value.''; (2) in section 203(k), by adding at the end thereof the following new paragraph: ``(6) The Secretary is authorized, for a temporary period not to exceed 18 months from the date on which the President has declared a major disaster to have occurred, to enter into agreements to insure a rehabilitation loan under this subsection which involves a principal obligation of up to 100 percent of the dollar limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size, if such loan is secured by a structure and property that are within a jurisdiction in which the President has declared such disaster, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and if such loan otherwise conforms to the loan-to-value ratio and other requirements of this subsection,''; and (3) in section 234(c), by inserting after ``203(b)(2)'' in the third sentence the phrase: ``or pursuant to section 203(h) under the conditions described in section 203(h)''. Community Planning and Development community development grants For an additional amount for ``Community development grants'', as authorized under title I of the Housing and Community Development Act of 1974, for emergency expenses resulting from the January 1994 earthquake in Southern California, $250,000,000, to remain available until September 30, 1996 for all activities eligible under such title I except those activities reimbursable by the Federal Emergency Management Agency (FEMA) or available through the Small Business Administration (SBA): Provided, That from this amount, the Secretary may transfer up to $50,000,000 to the ``HOME investment partnerships program'', as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended (Public Law 101-625), to remain available until expended, as an additional amount for such emergency expenses for all activities eligible under such title II except activities reimbursable by FEMA or available through SBA: Provided further, That the receipients of amounts under this appropriation, including the foregoing transfer (if any), shall use such amounts first to replenish amounts previously obligated under their Community Development Block Grant or HOME programs, respectively, in connection with the Southern California earthquake of January 1994: Provided further, That in administering these funds, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or any use by the recipient of these funds, except for statutory requirements relating to fair housing and nondiscrimination, the environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds, and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251 (b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. INDEPENDENT AGENCIES Federal Emergency Management Agency disaster relief For an additional amount for ``Disaster Relief'' for the January 1994 earthquake in Southern California and other disasters, $3,484,000,000 to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. emergency management planning and assistance For an additional amount for ``Emergency Management Planning and Assistance'', to carry out activities under the Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et. seq.) $15,000,000, to remain available until expended, to study the January 1994 earthquake in Southern California in order to enhance seismic safety throughout the United States: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER V FUNDS APPROPRIATED TO THE PRESIDENT Unanticipated Needs For an additional amount for emergency expenses resulting from the January 1994 earthquake in Southern California and other disasters, $400,000,000, to remain available until expended: Provided, That these funds may be transferred to any authorized Federal governmental activity to meet the requirements of such disasters: Provided further, That the entire amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER VI GENERAL PROVISIONS Sec. 601. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. (including transfer of funds) Sec. 602. Funds in the Federal Buildings Fund made available by Public Law 103-123 for fiscal year 1994 for Federal Buildings Fund activities may be transferred between authorized activities to the extent necessary to meet emergency expenses resulting from the January 1994 earthquake in Southern California and other disasters: Provided, That such amounts as may be transferred to repairs and alterations and design and construction services shall remain available until expended: Provided further, That no operating activity or capital project would be reduced by an amount greater than five percent. This Act may be cited as the ``Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994''.

Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994 - Makes emergency supplemental appropriations for FY 1994 for disaster assistance activities resulting from the January 1994 earthquake in Southern California and other disasters. Makes additional funds available to: (1) the Small Business Administration for the disaster loans program account; (2) the Department of Education for impact aid and student financial assistance; (3) the Department of Transportation for the Federal Highway Administration; (4) the Department of Veterans Affairs for medical care; (5) the Department of Housing and Urban Development for housing programs and community development; (6) the Federal Emergency Management Agency for disaster relief; and (7) the President for unanticipated needs.

Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Transit Benefits Modernization Act''. (b) Findings.--Congress finds the following: (1) The Washington Metropolitan Area Transit Authority (``WMATA'') provides approximately 2.3 million Metrorail and Metrobus trips per year across the National Capital Region to Federal employees, commuters, and millions of visitors to the Nation's capital. (2) Approximately 40 percent of WMATA peak-hour commuters are Federal employees. (3) WMATA began building its rail system in 1969, currently serves 91 stations, and has 117 miles of track. (4) The Federal Transit Administration (``FTA'') and the National Transportation Safety Board have found significant safety concerns resulting from a backlog of deferred maintenance. (5) WMATA has designed a plan, called SafeTrack, in an effort to address this backlog of deferred maintenance. (6) SafeTrack would close the system earlier on weekends and expand weekday maintenance by reducing the number of rails in use at certain stations from two to one. (7) The plan includes 15 ``Safety Surges'' with around-the- clock single tracking or segment shutdowns that will impact rush hour commutes. (8) FTA's review of SafeTrack's first two ``safety surge'' areas found a number of defects in the plan's execution. (9) SafeTrack is scheduled to conclude in March 2017. (10) During SafeTrack, WMATA is encouraging customers to utilize other commuting options, including ride-sharing services. (11) WMATA has indicated that service disruptions will continue to occur following SafeTrack as routine maintenance is needed. (12) The Federal Government, which is negatively affected when employees cannot easily commute to and from work, has an interest in assisting employees with alternate commuting options. SEC. 2. PROVIDING A FRINGE TRANSIT BENEFIT FOR USE OF TRANSPORTATION NETWORK COMPANIES. For purposes of section 132(a) of the Internal Revenue Code of 1986, the use of a transportation network company by Federal employees as provided for in this Act shall be treated as a fringe benefit which qualifies as a qualified transportation fringe for the period established in section 3(a) of this Act. SEC. 3. TRANSIT BENEFITS FOR FEDERAL EMPLOYEES FOR THE USE OF DIGITAL TRANSPORTATION COMPANIES. (a) In General.--During the period beginning on the date of enactment of this Act and ending on December 31, 2018, any agency that has a program, including a program established under section 7905 of title 5, United States Code, or Executive Order 13150 (April 21, 2000; 65 Fed. Reg. 24613), to provide transit benefits to employees of the agency shall provide transit benefits to employees who use the services of any digital transportation company within the Washington Metropolitan Area in the same manner as such agency provides transit benefits to employees who use public transportation services within the Washington Metropolitan Area. (b) Requirements.-- (1) Election.--Unless otherwise statutorily authorized, an employee may receive transit benefits under this section only if the employee agrees in writing to not accept any other transit or parking benefit offered by the head of any agency with a transit benefit program while receiving the transit benefits under this section. (2) Limitation.--The amount of the transit benefit provided to an employee under this section during any month for the use of services provided by any digital transportation company may not exceed the amount of the monthly average transit benefit received by the employee during the 6-month period immediately preceding the month during which an election is made under paragraph (1). (3) Implementation.--Transit benefits under this section shall be provided in a manner substantially similar to the manner in which transit benefits are provided to employees who use mass transportation services. The head of any agency with a transit benefit program may consult with any digital transportation company and any other head of any agency with a transit benefit program to establish the procedures necessary to provide transit benefits under this section. (4) Substantiation.--The head of any agency with a transit benefit program, the Secretary of the Department of Transportation, and the Secretary of the Treasury shall, in connection with the establishment of a process for implementing the transit benefit for any digital transportation company, work with any such digital transportation company in establishing a process to substantiate the use of transit benefits by Federal employees using the benefit for services provided by a digital transportation company each month. (c) Definitions.--In this section-- (1) the term ``Washington Metropolitan Area'' means the District of Columbia; Montgomery, Prince George's, Frederick, and Charles Counties in Maryland; Arlington, Fairfax, Loudon, and Prince William Counties in Virginia; and all cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties; (2) the term ``digital transportation company'' means any transportation network company or car-sharing service; (3) the term ``car-sharing service'' means a membership or non-membership based service primarily designed for shorter time or shorter distance trips where individuals are charged per mile or per hour, or both, for vehicle usage; and (4) the term ``transportation network company'' means a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect riders to drivers affiliated with the entity in order for a driver to provide transportation services to a rider.

Transit Benefits Modernization Act This bill amends the Internal Revenue Code to treat the use of a transportation network company by federal employees during the period beginning on the date of enactment of this bill and ending on December 31, 2018, as a qualified transportation fringe benefit that is excluded from an employee's gross income. A "transportation network company" is a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect riders to drivers affiliated with the entity in order for a driver to provide transportation services to a rider. During the period beginning on the date of enactment of this bill and ending on December 31, 2018, any agency that provides transit benefits to employees must provide benefits for using digital transportation companies within the Washington Metropolitan Area in the same manner as benefits are provided for using public transportation services in the area. A "digital transportation company" is any transportation network company or car-sharing service (a membership or non-membership based service primarily designed for shorter time or shorter distance trips where individuals are charged per mile or per hour, or both, for vehicle usage). To elect to receive benefits under this section, an employee must agree in writing not to accept any other transit or parking benefit offered by any agency with a transit benefit program while receiving the benefits under this section. The amount of transit benefits provided to an employee under this section may not exceed the monthly average transit benefit received by the employee during the six-month period immediately preceding the month during which an election is made.

Transit Benefits Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Widows and Orphans Act of 2003''. SEC. 2. NEW SPECIAL IMMIGRANT CATEGORY. (a) Certain Children and Women at Risk of Harm.--Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended-- (1) in subparagraph (L), by inserting a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(N) subject to subsection (j), an immigrant who is not present in the United States-- ``(i) who is-- ``(I) referred to a consular, immigration, or other designated official by a United States Government agency, an international organization, or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a minor under 10 years of age (as determined under subsection (j)(5))-- ``(aa) for whom no parent or legal guardian is able to provide adequate care; ``(bb) who faces a credible fear of harm related to his or her age; ``(cc) who lacks adequate protection from such harm; and ``(dd) for whom it has been determined to be in his or her best interests to be admitted to the United States; or ``(ii) who is-- ``(I) referred to a consular or immigration official by a United States Government agency, an international organization or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a female who has-- ``(aa) a credible fear of harm related to her sex; and ``(bb) a lack of adequate protection from such harm.''. (b) Statutory Construction.--Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end the following: ``(j)(1) No natural parent or prior adoptive parent of any alien provided special immigrant status under subsection (a)(27)(N)(i) shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. ``(2)(A) No alien who qualifies for a special immigrant visa under subsection (a)(27)(N)(ii) may apply for derivative status or petition for any spouse who is represented by the alien as missing, deceased, or the source of harm at the time of the alien's application and admission. The Secretary of Homeland Security may waive this requirement for an alien who demonstrates that the alien's representations regarding the spouse were bona fide. ``(B) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) may apply for derivative status or petition for any sibling under the age of 10 years or children under the age of 10 years of any such alien, if accompanying or following to join the alien. For purposes of this subparagraph, a determination of age shall be made using the age of the alien on the date the petition is filed with the Department of Homeland Security. ``(3) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) shall be treated in the same manner as a refugee solely for purposes of section 412. ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) shall not be applicable to any alien seeking admission to the United States under subsection (a)(27)(N), and the Secretary of Homeland Security may waive any other provision of such section (other than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph (3) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation. The Secretary of Homeland Security shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination of age shall be made using the age of the alien on the date on which the alien was referred to the consular, immigration, or other designated official. ``(6) The Secretary of Homeland Security shall waive any application fee for a special immigrant visa for an alien described in section 101(a)(27)(N).''. (c) Allocation of Special Immigrant Visas.--Section 203(b)(4) of the Immigration Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking ``(A) or (B) thereof'' and inserting ``(A), (B), or (N) thereof''. (d) Expedited Process.--Not later than 45 days from the date of referral to a consular, immigration, or other designated official as described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a), special immigrant status shall be adjudicated and, if granted, the alien shall be paroled to the United States pursuant to section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for adjustment of status to permanent residence under section 245 of that Act (8 U.S.C. 1255) within 1 year of the alien's arrival in the United States. (e) Report to Congress.--Not later than 1 year after the date of enactment of this section, the Secretary of Homeland Security shall report to the Committees on the Judiciary of the Senate and the House of Representatives on the progress of the program, including-- (1) data related to the implementation of this section; (2) data regarding the number of placements of females and children at risk of harm as referred to in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a); and (3) any other appropriate information that the Secretary of Homeland Security determines to be appropriate. (f) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.

Widows and Orphans Act of 2003 - Amends the Immigration and Nationality Act to establish a special immigrant category (N Visa) for certain orphans and women at risk of harm.

A bill to establish new special immigrant categories.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Disability Review Standards Act of 1993''. SEC. 2. REQUIREMENT OF FACE-TO-FACE MEETING IN DISABILITY DETERMINATIONS. Section 221(h) of the Social Security Act (42 U.S.C. 421(h)) is amended-- (1) by redesignating such subsection as subsection (h)(2); and (2) by adding at the beginning of such subsection the following new paragraph: ``(h)(1) Any initial determination under subsection (a) or (g) that an individual applying for benefits under this title is not under a disability shall be made only after such individual has been provided a reasonable opportunity for a face-to-face meeting with a disability examiner who is authorized under this section to make disability determinations pursuant to such individual's application.''. SEC. 3. STANDARDS FOR TIMELY REVIEW OF DISABILITY CLAIMS. Section 221(k) of the Social Security Act (42 U.S.C. 421(k)) is amended by adding at the end the following new paragraph: ``(3) The Secretary shall take such actions as are necessary to ensure that, to the maximum extent practicable-- ``(A) an initial determination of whether an individual who has applied for disability insurance benefits under section 223 or benefits under section 202 based on such individual's disability is under a disability shall be made not later than 30 days after the date on which such application is filed, ``(B) in any case in which, pursuant to the application, an initial determination is made that the individual is not under a disability and the individual does not fail to timely request reconsideration of such determination, a determination on reconsideration of whether the individual is under a disability shall be made not later than 90 days after the date on which such application is filed, and ``(C) in any case in which, on reconsideration, a determination is made that the individual is not under a disability and the individual does not fail to timely request a hearing under subsection (d) on such determination, a determination of whether the individual is under a disability shall be made pursuant to such a hearing not later than 150 days after the date on which such application is filed.''. SEC. 4. PRESUMED DISABILITY IN ABSENCE OF TIMELY DISABILITY DETERMINATIONS. (a) Presumed Disability under Title II of the Social Security Act.--Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection: ``Presumptive Disability ``(m)(1) In any case in which-- ``(A) an individual applying for benefits under section 223 or benefits based on such individual's disability under section 202 meets the requirements for entitlement to such benefits other than the requirement that the individual be under a disability, ``(B) as of 150 days after the date on which the individual filed the application for such benefits, a final determination of whether the individual is under a disability has not been made, and ``(C) the individual has in a timely manner taken such actions as are necessary to preserve such individual's rights to administrative review under this title, such individual shall be presumed to be under a disability for each month during the period of months beginning with the first month after the expiration of such 150-day period and ending with the month in which action is taken to implement a final determination of whether the individual is under a disability. ``(2) Any benefits paid to an individual under this title on the basis of presumed disability under this subsection for months during the period of months described in paragraph (1), and benefits paid to another person under this title for such months on the basis of such presumed disability, shall in no event be considered overpayments for purposes of section 204 solely because such individual is determined not to be under a disability.''. (b) Presumed Blindness or Disability under Title XVI of the Social Security Act.--Section 1631(a) of such Act (42 U.S.C. 1383(a)) is amended by adding at the end the following new paragraph: ``(10)(A) In any case in which-- ``(i) an individual applying for benefits under this title meets the requirements for entitlement to such benefits other than the requirement that the individual be blind or disabled, ``(ii) as of 150 days after the date on which the individual filed the application for such benefits, a final determination of whether the individual is blind or disabled has not been made, and ``(iii) the individual has taken such actions as are necessary to preserve such individual's rights to administrative review under this section, such individual shall be presumed to be blind or disabled for each month during the period of months beginning with the first month after the expiration of such 150-day period and ending with the month in which action is taken to implement a final determination of whether the individual is blind or disabled.''. SEC. 5. EFFECTIVE DATE; STUDY OF STAFF NEEDS. (a) Effective Date.--The amendments made by this Act shall apply with respect to applications for benefits under title II or XVI of the Social Security Act filed after 180 days after the date of the enactment of this Act. (b) Study of Staff Needs.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study of any additional staff needs required to implement the amendments made by this Act. (2) Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the results of the study conducted under paragraph (1), together with any recommendations which the Secretary finds appropriate.

Social Security Disability Review Standards Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to: (1) require that applicants for disability benefits meet face-to-face with a disability examiner early in the process before being denied disability benefits; (2) set time limits for processing disability applications and appeals; and (3) provide for presumptive disability in cases where timely disability determinations are not made. Amends SSA title XVI (Supplemental Security Income) to provide for presumptive blindness and disability in cases where timely blindness or disability determinations are not made. Directs the Secretary of Health and Human Services to study and report to the Congress on any additional staff needs required to implement this Act.

Social Security Disability Review Standards Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mother's Day Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Anna Jarvis, who is considered to be the founder of the modern Mother's Day, was born in Webster, West Virginia on May 1, 1864. (2) A resident of Grafton, West Virginia, Anna Jarvis dedicated much of her adult life to honoring her mother, Anna Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Matthews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Anna Reeves Jarvis' death to be Mother's Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother's Day Proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, the Sixty-Third Congress approved H.J. Res. 263 designating the second Sunday in May to be observed as Mother's Day and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential Proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our Nation. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. (b) Designation and Inscriptions.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2014''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) 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 (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued 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 required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (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) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/2\ to the Susan G. Komen for the Cure for the purpose of furthering research funded by the organization. (2) \1/2\ to the National Osteoporosis Foundation for the purpose of furthering research funded by the Foundation. (c) Audits.--The Susan G. Komen for the Cure and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the respective organizations under subsection (b).

Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2014. Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother's Day.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Advanced Energy Manufacturing Jobs Act of 2012''. SEC. 2. EXTENSION AND EXPANSION OF THE QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) Certain Projects Eligible for Credit Without Limitation.-- (1) In general.--Subsection (a) of section 48C of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to'' and all that follows and inserting ``an amount equal to the sum of-- ``(1) 30 percent of the basis of the statutory advanced energy property placed in service by the taxpayer during such taxable year, plus ``(2) 30 percent of the qualified investment for such taxable year which respect to any qualifying advanced energy project of the taxpayer.''. (2) Statutory advanced energy property.--Subsection (c) of section 48C of such Code is amended by adding at the end the following new paragraph: ``(3) Statutory advanced energy property.-- ``(A) In general.--The term `statutory advanced energy property' means any eligible property used exclusively to manufacture or fabricate-- ``(i) equipment which uses solar energy to generate electricity, ``(ii) fuel cell power plants (as defined in section 48(c)(1)(C)), or ``(iii) systems for the electro-chemical storage of electricity (other than lead-acid batteries) for use-- ``(I) in electric or hybrid- electric motor vehicles, or ``(II) in connection with electric grids. ``(B) Termination.--Such term shall not include any property for any period after December 31, 2016.''. (3) Denial of double benefit.--Subsection (e) of section 48C of such Code is amended by adding at the end the following: ``Statutory advanced energy property shall not be taken into account in determining the qualified investment in any qualifying advanced energy project.''. (b) Extension and Modification of the Qualifying Advanced Energy Project Program.-- (1) Additional limitation amount to be competitively allocated by secretary.--Subparagraph (B) of section 48C(d)(1) of such Code is amended to read as follows: ``(B) Limitation.--The total amount of qualified investments which may be designated under such program shall not exceed the amount which will result in the total amount of credits allowed under such program being equal to the sum of the following amounts: ``(i) 2009 limitation amount.-- $2,300,000,000. ``(ii) 2012 limitation amount.-- $3,000,000,000.''. (2) Manufacturing of property used to produce composite utility poles.--Clause (i) of section 48C(c)(1)(A) of such Code is amended by striking ``or'' at the end of subclause (VI), by redesignating subclause (VII) as subclause (VIII), and by inserting after subclause (VI) the following new subclause: ``(VII) utility poles or supports made from composite materials which are comprised of at least 15 percent recycled materials and are fully recyclable,''. (3) Preference in selection criteria for manufacturing.-- Paragraph (3) of section 48C(d) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) shall give the lowest priority to projects which merely assemble components.''. (c) Conforming Amendments.-- (1) Paragraph (3) of section 48C(b) of such Code is amended to read as follows: ``(3) Limitation.--The amount which is treated as a qualified investment for all taxable years with respect to any qualifying advanced manufacturing project shall not exceed the amount designated by the Secretary under subsection (d).''. (2) Subparagraph (A) of section 48C(c)(2) of such Code is amended by inserting ``in the case of a qualifying advanced energy project,'' before ``which is necessary''. (3) Subparagraph (A) of section 48C(d)(2) of such Code is amended-- (A) by striking ``during the 2-year period'' and inserting ``during the-- ``(i) in the case of an allocation from the limitation described in paragraph (1)(B)(i), the 2-year period'', (B) by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new clause: ``(ii) in the case of an allocation from the limitation described in paragraph (1)(B)(ii), the 1-year period beginning on the date of the enactment of this clause.''. (4) Paragraph (4) of section 48C(d) of such Code is amended-- (A) by striking all that precedes subparagraph (A) and inserting the following: ``(4) Periodic review and redistribution.--At such times as the Secretary determines appropriate--'', and (B) by striking ``Not later than 4 years after the date of the enactment of this section, the'' in subparagraph (A) and inserting ``The''. (5) Clause (v) of section 49(a)(1)(C) of such Code is amended by inserting ``which is statutory advanced energy property (as defined in section 48C(c)(3)) or'' after ``the basis of any property''. (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years ending after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 4. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS OF MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years ending after the date of the enactment of this Act.

American Advanced Energy Manufacturing Jobs Act of 2012 - Amends the Internal Revenue Code, with respect to the tax credit for the qualifying advanced energy project program, to: (1) allow, through December 31, 2016, an additional credit amount for the cost of manufacturing equipment that uses solar energy to generate electricity, fuel cell power plants, and systems for the electro-chemical storage of electricity; and (2) increase for 2012 the amount of credits that may be allocated under such program. Provides for an offset against such increased credit by denying to any major integrated oil company: (1) a foreign tax credit if such company receives a tax preference from a foreign jurisdiction that does not impose a generally applicable income tax, and (2) a tax deduction for intangible drilling and development costs.

To amend the Internal Revenue Code of 1986 to extend and expand the credit for qualifying advanced energy projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Regulatory Relief Zone Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the likelihood that a proposed business site will comply with many government regulations is inversely related to the length of time over which a site has been utilized for commercial or industrial purposes, thus rendering older sites in urban areas most unlikely to be chosen for new development and forcing new development away from the areas most in need of economic growth and job creation; and (2) broad Federal regulations often have unintended consequences in urban areas where such regulations-- (A) offend basic notions of common sense, particularly when applied to individual sites; (B) adversely impact economic stability; (C) result in the unnecessary loss of existing businesses; (D) undermine new economic development, especially in previously used sites; (E) create undue economic hardships while failing significantly to protect human health, particularly in areas where economic development is urgently needed to improve the health and welfare of residents over a long period of time; and (F) contribute to social deterioration to such a degree that high unemployment, crime, and other economic and social problems create the greatest risk to the health and well-being of urban residents. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) enable qualifying cities to provide for the general well-being, health, safety and security for their residents living in distressed areas by empowering such cities to obtain selective relief from Federal regulations that undermine economic stability and development in distressed areas within the city; and (2) authorize Federal agencies to waive the application of specific Federal regulations in distressed urban areas designated as urban regulatory relief zones by an economic development commission-- (A) upon application through the Office of Management and Budget by an economic development commission established by a qualifying city under section 5; and (B) upon a determination by the appropriate Federal agency that granting such a waiver will not substantially endanger health or safety. SEC. 4. ELIGIBILITY FOR WAIVERS. (a) Eligible Cities.--The mayor or chief executive officer of a city may establish an economic development commission to carry out the purposes of section 5 if the city population is greater than 200,000 according to-- (1) the United States Census Bureau's 1992 estimate for city populations; or (2) beginning 6 months after the date of the enactment of this Act, the United States Census Bureau's latest estimate for city populations. (b) Distressed Area.--Any census tract within a city shall qualify as a distressed area if-- (1) 33 percent or more of the resident population in the census tract is below the poverty line; (2) 45 percent or more of out-of-school males aged 16 and over in the census tract worked less than 26 weeks in the preceding year; (3) 36 percent or more families with children under age 18 in the census tract have an unmarried parent as head of the household; or (4) 17 percent or more of the resident families in the census tract received public assistance income in the preceding year. SEC. 5. ECONOMIC DEVELOPMENT COMMISSIONS. (a) Purpose.--The mayor or chief executive officer of a qualifying city under section 4 may appoint an economic development commission for the purpose of-- (1) designating urban regulatory relief zones in a city composed of-- (A) a distressed area; (B) a combination of distressed areas; or (C) one or more distressed areas with adjacent industrial or commercial areas; and (2) making application through the Office of Management and Budget to waive the application of specific Federal regulations within such urban regulatory relief zones. (b) Composition.--To the greatest extent practicable, an economic development commission shall include-- (1) residents representing a demographic cross section of the city population; and (2) members of the business community, private civic organizations, employers, employees, elected officials, and State and local regulatory authorities. (c) Limitation.--No more than one economic development commission shall be established or designated within a qualifying city. SEC. 6. LOCAL PARTICIPATION. (a) Public Hearings.--Before designating an area as an urban regulatory relief zone, an economic development commission established under section 5 shall hold a public hearing, after giving adequate public notice, for the purpose of soliciting the opinions and suggestions of those persons who will be affected by such designation. (b) Individual Requests.--The economic development commission shall establish a process by which individuals may submit requests to the commission to include specific Federal regulations in the commission's application to the Office of Management and Budget seeking waivers of Federal regulations. (c) Availability of Commission Decisions.--After holding a hearing under subsection (a) and before submitting any waiver applications to the Office of Management and Budget under section 7, the economic development commission shall make publicly available-- (1) a list of all areas within the city to be designated as urban regulatory relief zones, if any; (2) a list of all regulations for which the economic development commission will request a waiver from a Federal agency; and (3) the basis for the city's findings that the waiver of a regulation would improve the health and safety and economic well-being of the city's residents and the data supporting such a determination. SEC. 7. WAIVER OF FEDERAL REGULATIONS. (a) Selection of Regulations.--An economic development commission may select for waiver, within an urban regulatory relief zone, Federal regulations that-- (1)(A) are unduly burdensome to business concerns located within an area designated as an urban regulatory relief zone; (B) discourages economic development within the zone; (C) creates undue economic hardships in the zone; or (D) contributes to the social deterioration of the zone; and (2) if waived, will not substantially endanger health or safety. (b) Request for Waiver.--(1) An economic development commission shall submit a request for the waiver of Federal regulations to the Office of Management and Budget. (2) Such request shall-- (A) identify the area designated as an urban regulatory relief zone by the economic development commission; (B) identify all regulations for which the economic development commission seeks a waiver; and (C) explain the reasons that waiver of the regulations would economically benefit the urban regulatory relief zone and the data supporting such determination. (c) Review of Waiver Request.--No later than 60 days after receiving the request for waiver, the Office of Management and Budget shall-- (1) review the request for waiver; (2) determine whether the request for waiver is complete and in compliance with this Act, using the most recent census data available at the time each application is submitted; and (3) after making a determination under paragraph (2)-- (A) submit the request for waiver to the Federal agency that promulgated the regulation and notify the requesting economic development commission of the date on which the request was submitted to such agency; or (B) notify the requesting economic development commission that the request is not in compliance with this Act with an explanation of the basis for such determination. (d) Modification of Waiver Requests.--An economic development commission may submit modifications to a waiver request. The provisions of subsection (c) shall apply to a modified waiver as of the date such modification is received by the Office of Management and Budget. (e) Waiver Determination.--(1) No later than 120 days after receiving a request for waiver under subsection (c) from the Office of Management and Budget, a Federal agency shall-- (A) make a determination of whether to waive a regulation in whole or in part; and (B) provide written notice to the requesting economic development commission of such determination. (2) Subject to subsection (g), a Federal agency shall deny a request for a waiver only if the waiver substantially endangers health or safety. (3) If a Federal agency grants a waiver under this subsection, the agency shall provide a written statement to the requesting economic development commission that-- (A) describes the extent of the waiver in whole or in part; and (B) explains the application of the waiver, including guidance for business concerns, within the urban regulatory relief zone. (4) If a Federal agency denies a waiver under this subsection, the agency shall provide a written statement to the requesting economic development commission that-- (A) explains the reasons that the waiver substantially endangers health or safety; and (B) provides a scientific basis for such determination. (f) Automatic Waiver.--If a Federal agency does not provide the written notice required under subsection (e) within the 120-day period as required under such subsection, the waiver shall be deemed to be granted by the Federal agency. (g) Limitation.--No provision of this Act shall be construed to authorize any Federal agency to waive any regulation or Executive order that prohibits, or the purpose of which is to protect persons against, discrimination on the basis of race, color, religion, gender, or national origin. (h) Applicable Procedures.--A waiver of a regulation under subsection (e) shall not be considered to be a rule, rulemaking, or regulation under chapter 5 of title 5, United States Code. The Federal agency shall publish a notice in the Federal Register stating any waiver of a regulation under this section. (i) Effect of Subsequent Amendment of Regulations.--If a Federal agency amends a regulation for which a waiver under this section is in effect, the agency shall not change the waiver to impose additional requirements. (j) Expiration of Waivers.--No waiver of a regulation under this section shall expire unless the Federal agency determines that a continuation of the waiver substantially endangers health or safety. SEC. 8. DEFINITIONS. For purposes of this Act, the term-- (1) ``industrial or commercial area'' means any part of a census tract zoned for industrial or commercial use which is adjacent to a census tract which is a distressed area under section 5(b); (2) ``poverty line'' has the same meaning as such term is defined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); (3) ``qualifying city'' means a city which is eligible to establish an economic development commission under section 4; (4) ``regulation''-- (A) means-- (i) any rule as defined under section 551(4) of title 5, United States Code; or (ii) any rulemaking conducted on the record after opportunity for an agency hearing under sections 556 and 557 of such title; and (B) shall not include-- (i) a rule that involves the internal revenue laws of the United States, or the assessment and collection of taxes, duties, or other revenues or receipts; (ii) a rule relating to monetary policy or to the safety or soundness of federally insured depository institutions or any affiliate of such an institution (as defined in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k))), credit unions, Federal Home Loan Banks, government sponsored housing enterprises, farm credit institutions, foreign banks that operate in the United States and their affiliates, branches, agencies, commercial lending companies, or representative offices, (as those terms are defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101)); or (iii) a rule promulgated under the Communications Act of 1934 (47 U.S.C. 101 et seq.); and (5) ``urban regulatory relief zone'' means an area designated under section 5.

Urban Regulatory Relief Zone Act of 1995 - Authorizes the mayor or chief executive officer of a city with a population greater than 200,000 to establish an economic development commission to: (1) designate urban regulatory relief zones in the city composed of one or more distressed areas; and (2) apply through the Office of Management and Budget for waiver of application of specific Federal regulations within such relief zones. States that a Federal agency shall deny such a waiver only if it substantially endangers health or safety. Specifies that any census tract within a city shall qualify as a distressed area if at least: (1) 33 percent of the resident population is below the poverty line; (2) 45 percent of out-of-school males aged 16 and over worked less than 26 weeks in the preceding year; (3) 36 percent of families with children under age 18 have an unmarried parent as head of the household; or (4) 17 percent of resident families received public assistance income in the preceding year. Provides for the composition of such commissions. Prohibits more than one such commission from being established or designated within a qualifying city. Requires such commissions to hold public hearings before designating an area as such a zone. Authorizes a commission to select for waiver, within such zone, Federal regulations that: (1) are unduly burdensome to business concerns, discourage economic development, or create undue economic hardship within, or contribute to the social deterioration of, the zone; and (2) if waived, will not substantially endanger health or safety. Sets forth provisions regarding: (1) requests for waivers; (2) review and modification of such requests; (3) waiver determinations; (4) automatic waivers; (5) limitations on waivers; (6) the effect of subsequent amendment of regulations; and (7) expiration of waivers.

Urban Regulatory Relief Zone Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thomas Jefferson Researcher's Privilege Act of 1999''. SEC. 2. FREEDOM OF INFORMATION REQUESTS. Section 552(b)(4) of title 5, United States Code, is amended-- (1) by inserting ``(A)'' after ``(4)''; and (2) by adding at the end the following: ``(B) data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues, including-- ``(i) unpublished lecture notes, unpublished research notes, data, processes, results or other confidential information from research which is in progress, unpublished or not yet verified; or ``(ii) any other information related to research, the disclosure of which could affect-- ``(I) the conduct or outcome of the research; ``(II) the likelihood of similar research in the future; ``(III) the ability to obtain patents or copyrights from the research; or ``(IV) any other proprietary rights any entity may have in the research or results of the research;''. SEC. 3. FEDERAL RULES OF CIVIL PROCEDURE. Rule 45(c)(3) of the Federal Rules of Civil Procedure is amended-- (1) in subparagraph (A)-- (A) in clause (iv) by striking the period and inserting a comma and ``or''; and (B) by adding at the end the following: ``(v) requires disclosure of data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues, including-- ``(I) unpublished lecture notes, unpublished research notes, data, processes, results or other confidential information from research which is in any progress, unpublished or not yet verified, or ``(II) any other information related to research, the disclosure of which could affect the conduct or outcome of the research, the likelihood of similar research in the future, the ability to obtain patents or copyrights from the research, or any other proprietary rights any entity may have in the research or results of the research.''; and (2) in subparagraph (B)-- (A) in clause (iii) by inserting ``or'' after the comma; and (B) by inserting after clause (iii) the following: ``(iv) requires disclosure of data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues, including-- ``(I) unpublished lecture notes, unpublished research notes, data, processes, results or other confidential information from research which is in any progress, unpublished or not yet verified, or ``(II) any other information related to research, the disclosure of which could affect the conduct or outcome of the research, the likelihood of similar research in the future, the ability to obtain patents or copyrights from the research, or any other proprietary rights any entity may have in the research or the results of the research.''. SEC. 4. FEDERAL RULES OF EVIDENCE. Article V of the Federal Rules of Evidence is amended by adding after rule 501 the following: ``Rule 502. Privilege for research information ``A person engaged in the study or research of academic, commercial, scientific, or technical issues may claim the privilege to refuse to disclose data, records, or information, including actual research documents, concerning that study or research. Such person may refuse to disclose unpublished lecture notes, unpublished research notes, data, processes, results, or other confidential information from research which is in any progress, unpublished or not yet verified, and any other information related to research, the disclosure of which could affect the conduct or outcome of the research, the likelihood of similar research in the future, the ability to obtain patents or copyrights from the research, or any other proprietary rights any entity may have in the research or the results of the research.''. SEC. 5. REPEAL OF REQUIREMENT REGARDING DATA PRODUCED UNDER FEDERAL GRANTS AND AGREEMENTS AWARDED TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS. The fifth and sixth provisos under the subheading ``salaries and expenses'' under the heading ``OFFICE OF MANAGEMENT AND BUDGET'' under title III of the Treasury and General Government Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-495) are repealed.

Thomas Jefferson Researcher's Privilege Act of 1999 - Amends the Freedom of Information Act (FOIA) to make FOIA inapplicable to matters that are data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues, including: (1) unpublished lecture notes, unpublished research notes, data, processes, results, or other confidential information from research which is in progress, unpublished, or not yet verified; or (2) any other information related to research, the disclosure of which could affect the conduct or outcome of the research, the likelihood of similar research in the future, the ability to obtain patents or copyrights from the research, or any other proprietary rights any entity may have in the research or results of the research. (Sec. 3) Amends Rule 45 of the Federal Rules of Civil Procedure to require the court by which a subpoena was issued, on timely motion, to quash or modify the subpoena if it requires disclosure of data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues. Authorizes the court: (1) if a subpoena requires disclosure of such data, records, or information, to protect a person subject to or affected by the subpoena, to quash or modify the subpoena; or (2) if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, to order appearance or production only upon specified conditions. (Sec. 4) Amends the Federal Rules of Evidence to authorize a person engaged in the study or research of academic, commercial, scientific, or technical issues to claim a privilege to refuse to disclose data, records, or information concerning that study or research. (Sec. 5) Repeals the provision (regarding data produced under Federal grants and agreements awarded to institutions of higher education, hospitals, and other non-profit organizations under the Treasury and General Government Appropriations Act, 1999) that: (1) requires the Director of the Office of Management and Budget (OMB) to amend OMB Circular A-110 to require Federal awarding agencies to ensure that all data produced under an award will be made available to the public through procedures established under FOIA; and (2) allows the agency obtaining the data, if it does so solely at the request of a private party, to authorize a reasonable user fee equaling the incremental cost of obtaining the data.

Thomas Jefferson Researcher's Privilege Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Flexibility Act of 2017''. SEC. 2. COMPENSATORY TIME. Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ``(s) Compensatory Time Off for Private Employees.-- ``(1) General rule.--An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. ``(2) Conditions.--An employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with-- ``(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or ``(B) in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)-- ``(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and ``(ii) entered into knowingly and voluntarily by such employee and not as a condition of employment. No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1,000 hours for the employee's employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off. ``(3) Hour limit.-- ``(A) Maximum hours.--An employee may accrue not more than 160 hours of compensatory time. ``(B) Compensation date.--Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. ``(C) Excess of 80 hours.--The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). ``(D) Policy.--Except where a collective bargaining agreement provides otherwise, an employer that has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. ``(E) Written request.--An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). ``(4) Private employer actions.--An employer that provides compensatory time under paragraph (1) to an employee shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of-- ``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or ``(B) requiring any employee to use such compensatory time. ``(5) Termination of employment.--An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6). ``(6) Rate of compensation.-- ``(A) General rule.--If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than-- ``(i) the regular rate earned by such employee when the compensatory time was accrued; or ``(ii) the regular rate earned by such employee at the time such employee received payment of such compensation, whichever is higher. ``(B) Consideration of payment.--Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. ``(7) Use of time.--An employee-- ``(A) who has accrued compensatory time off authorized to be provided under paragraph (1); and ``(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. ``(8) Definitions.--For purposes of this subsection-- ``(A) the term `employee' does not include an employee of a public agency; and ``(B) the terms `overtime compensation' and `compensatory time' shall have the meanings given such terms by subsection (o)(7).''. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b), by striking ``(b) Any employer'' and inserting ``(b) Except as provided in subsection (f), any employer''; and (2) by adding at the end the following: ``(f) An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.''. SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published in section 516.4 of title 29, Code of Federal Regulations, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. SEC. 5. GAO REPORT. Beginning 2 years after the date of enactment of this Act and each of the 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress providing, with respect to the reporting period immediately prior to each such report-- (1) data concerning the extent to which employers provide compensatory time pursuant to section 7(s) of the Fair Labor Standards Act of 1938, as added by this Act, and the extent to which employees opt to receive compensatory time; (2) the number of complaints alleging a violation of such section filed by any employee with the Secretary of Labor; (3) the number of enforcement actions commenced by the Secretary or commenced by the Secretary on behalf of any employee for alleged violations of such section; (4) the disposition or status of such complaints and actions described in paragraphs (2) and (3); and (5) an account of any unpaid wages, damages, penalties, injunctive relief, or other remedies obtained or sought by the Secretary in connection with such actions described in paragraph (3). SEC. 6. SUNSET. This Act and the amendments made by this Act shall cease to be in effect on the date that is 5 years after the date of enactment of this Act. Passed the House of Representatives May 2, 2017. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on May 2, 2017. Working Families Flexibility Act of 2017 (Sec. 2) This bill amends the Fair Labor Standards Act of 1938 to authorize employers to provide compensatory time off to private employees at a rate of not less than 1 1/2 hours for each hour of employment for which overtime compensation is required, but only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. The bill prohibits an employee from accruing more than 160 hours of compensatory time. An employer must provide monetary compensation for any unused compensatory time off accrued during the preceding year. The bill requires an employer to give employees 30-day notice before discontinuing compensatory time off. The bill prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time. (Sec. 3) The bill makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used. (Sec. 5) The Government Accountability Office must report to Congress on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by employees with the Department of Labor alleging a violation of such requirements and the number of enforcement actions commenced by Labor on behalf of aggrieved employees; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by Labor in connection with such actions.

Working Families Flexibility Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Natural Gas Relief Act''. SEC. 2. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND WITHDRAWALS FROM, OFFSHORE GAS LEASING. (a) Prohibitions on Expenditures.--All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect. (b) Revocation Withdrawals.--All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, natural gas. SEC. 3. OUTER CONTINENTAL SHELF LEASING PROGRAM. (a) State Approval Requirements.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following: ``SEC. 10. STATE APPROVAL REQUIREMENT WITH RESPECT TO GAS LEASING. ``The Secretary may not grant any gas lease for any area of the outer Continental Shelf that is located within 20 miles of the coastline of a State unless the Governor of the State notifies the Secretary that the State approves of the granting of such a lease for such area.''. (b) Minimum Area Subject to Gas Leasing.-- (1) Requirement.--Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by inserting after the second sentence the following: ``The Secretary shall, in each 5-year program, include lease sales that when viewed as a whole propose to offer for gas leasing at least 75 percent of the available unleased acreage within each outer Continental Shelf planning area.''. (2) Application.--The amendment made by paragraph (1) shall apply with respect to the 5-year Outer Continental Shelf gas leasing program in effect on the date of the enactment of this Act, and to each such 5-year program thereafter. SEC. 4. SHARING OF REVENUES. (a) In General.--Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended-- (1) in paragraph (2) by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (6), and notwithstanding''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and (3) by inserting after paragraph (5) the following: ``(6) Bonus bids and royalties after september 30, 2006.-- ``(A) New gas leases.--Of amounts received by the United States as bonus bids and royalties under new Federal gas leases on submerged lands that are located within the seaward boundaries of a State established under section 4(a)(2)(A)-- ``(i) 40 percent shall be paid to the State; and ``(ii) 10 percent shall be available for the Low-Income Home Energy Assistance Program under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). ``(B) Existing gas leases.--Of amounts received by the United States as bonus bids and royalties under existing Federal gas leases on submerged lands that are located within the seaward boundaries of a State established under section 4(a)(2)(A), there shall be paid to the State-- ``(i) in the case of amounts received in the first full fiscal year after the date of the enactment of the Outer Continental Shelf Natural Gas Relief Act, 10 percent; ``(ii) in the case of amounts received in the second full fiscal year after such date of enactment, 20 percent; ``(iii) in the case of amounts received in the third full fiscal year after such date of enactment, 30 percent; and ``(iv) in the case of amounts received in the fourth full fiscal year after such date of enactment and each fiscal year thereafter, 40 percent. ``(C) Leased tract that lies partially within the seaward boundaries of a state.--In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A) or (B), as applicable, with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. ``(D) Definitions.--In this paragraph: ``(i) Existing federal gas lease.--The term `existing Federal gas lease' means a gas lease under this Act granted before the date of the enactment of the Outer Continental Shelf Natural Gas Relief Act. ``(ii) New federal gas lease.--The term `new Federal gas lease' means a gas lease under this Act granted on or after the date of the enactment of the Outer Continental Shelf Natural Gas Relief Act. ``(E) Application.--This paragraph shall apply to bonus bids and royalties received by the United States after September 30, 2006,''. (b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``, and the President'' and all that follows through the end of the sentence and inserting the following: ``. Such extended lines are deemed to be as indicated on the maps for each outer Continental Shelf region entitled `Alaska OCS Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS Region State Adjacent Zones and OCS Planning Areas', all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service.''. SEC. 5. NATURAL GAS-ONLY LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following subsection: ``(p) Natural Gas-Only Leasing.-- ``(1) In general.--The Secretary may issue leases under this section that authorize development and production only of natural gas and associated condensate in accordance with regulations promulgated under paragraph (2). ``(2) Regulations.--Before issuing any lease under paragraph (1), the Secretary must promulgate regulations that-- ``(A) define what constitutes natural gas, condensate, and oil; ``(B) establish the lessee's rights and obligations regarding condensate produced in association with natural gas; ``(C) prescribe procedures and requirements that the lessee of a lease issued under this subsection must follow if the lessee discovers oil deposits in the course of exploration or development; and ``(D) establish such other requirements for natural gas-only leases as the Secretary considers appropriate. ``(3) Application of other laws.--All provisions of this Act or any other Federal law or regulations that apply to oil and natural gas leases for the outer Continental Shelf shall apply to natural gas-only leases authorized under this subsection. ``(4) Existing leases.--At the request of the lessee of an oil and gas lease in effect under this section on the date of enactment of this subsection, and under the requirements prescribed in regulations promulgated under paragraph (2), the Secretary may restrict development under such a lease to natural gas and associated condensate only. ``(5) Oil and gas leasing programs.-- ``(A) Program for 2002-2007.--The Secretary may issue a natural gas-only lease in accordance with this subsection before June 30, 2007, without amending the outer Continental shelf leasing program that applies for the period beginning on the date of the enactment of this subsection and ending June 30, 2007, if the Secretary provides public notice and an opportunity to comment on the proposed notice of sale. ``(B) Program for 2007-2012.--The Secretary may include provisions regarding issuance of natural gas- only leases in the outer Continental shelf leasing program that applies for the 5-year period beginning in 2007, notwithstanding any draft proposal for such program issued before the date of the enactment of this subsection.''.

Outer Continental Shelf Natural Gas Relief Act - States that all provisions of federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf are without any force or effect. Revokes all withdrawals from leasing of federal submerged lands of the Outer Continental Shelf, including withdrawals by the President under the Outer Continental Shelf Lands Act. States such withdrawals are no longer in effect with respect to the leasing of areas for natural gas exploration, development, and production. Prohibits granting a gas lease for any area of the Outer Continental Shelf located within 20 miles of a state's coastline unless the Governor grants state approval. Directs the Secretary of Energy, in each five-year oil and gas leasing program, to include lease sales that when viewed as a whole propose to offer for gas leasing at least 75% of the available unleased acreage within each Outer Continental Shelf planning area. Sets forth a scheme for bonus bids and royalties that affects: (1) new and existing gas leases; and (2) leased tracts lying partially within the seaward boundaries of a state. Permits leases that authorize development and production solely of natural gas and associated condensate, including leases for program years 2002-2007, and for program years 2007-2012.

To terminate the effect of all provisions of Federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf, to terminate all withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing for exploration for, and development and production of, natural gas, and for other purposes.

SECTION 1. SHORT TITLE This Act may be referred to as the ``Small Business Development Fund Act of 1997''. SEC. 2. TAX ON CAPITAL GAINS REDUCTION STRATEGY AMOUNT OR ALTERNATIVE DENIAL OF INTEREST DEDUCTION ON CERTAIN DEBT INSTRUMENTS, AND ESTABLISHMENT OF TRUST FUND TO RECEIVE TAX AMOUNTS. (a) Imposition of Tax If Decrease In Capital Gains Rate Enacted In 1997.-- (1) In general.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. TAX ON CAPITAL GAINS REDUCTION STRATEGY AMOUNT. ``(a) In General.--There is hereby imposed, on each taxpayer which has a 50 percent strategy-based reduction for the taxable year, a tax equal to 1 percent of the capital gains reduction strategy amount for the taxable year. ``(b) 50 Percent Strategy-Based Reduction.--For purposes of this section, a taxpayer has a 50 percent strategy-based reduction for the taxable year if-- ``(1) the amount of tax imposed by this title for the taxable year on capital gains of the taxpayer is 50 percent or less of, ``(2) the amount of tax which would have been imposed by this title for the taxable year on capital gains of the taxpayer but for the use of applicable tax reduction strategies by the taxpayer (or by a party to a transaction with the taxpayer or by a person related to the taxpayer or to such party), as determined by the Secretary. The Secretary shall make the determination required under paragraph (2) by reference to transactions which would have yielded substantially the same non-tax result. For purposes of this subsection, the amount of tax imposed by this title (or the amount described in paragraph (2) which would have been so imposed) which is attributable to capital gains shall be the amount determined by the Secretary pursuant to regulations. ``(c) Capital Gains Reduction Strategy Amount.--For purposes of this section, the term `capital gains reduction strategy amount' means the excess of-- ``(1) the amount described in subsection (b)(2), over ``(2) the amount described in subsection (b)(1). ``(d) Applicable Tax Reduction Strategy.--For purposes of this section-- ``(1) In general.--With respect to any transaction, the term `applicable tax reduction strategy' means any product, method, strategy, or action-- ``(A) generally used by taxpayers primarily for the purpose of reducing the tax under this title on capital gains, and ``(B) identified by the Secretary, on a list published under paragraph (2), as being an applicable tax reduction strategy for purposes of the calendar quarter in which such transaction occurs. ``(2) Quarterly listing.--Not less than once each calendar quarter, the Secretary shall publish in the Federal Register a list of applicable tax reduction strategies for purposes of the next calendar quarter.'' (2) Clerical amendment.--The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Tax on capital gains reduction strategy amount.'' (3) Effective date.--The amendments made by this subsection-- (A) shall take effect only if a decrease in the maximum Federal tax rate applicable to capital gains of individuals is enacted in 1997, and (B) if the conditions of subparagraph (A) are met, shall apply to taxable years beginning after the date of the enactment of this Act. (b) Denial of Interest Deduction On Certain Debt Instruments If Capital Gains Rate Decrease Not Enacted In 1997.-- (1) In general.--Section 385 of such Code (relating to treatment of certain interests in corporations as stock or indebtedness) is amended by adding at the end the following new subsection: ``(d) Certain Interests Treated as Stock.-- ``(1) Interests with over-40-year maturity or payable in stock.-- ``(A) In general.--Notwithstanding subsection (c), for purposes of this title, an interest in a corporation shall be treated as stock if such interest-- ``(i) has a maximum weighted average maturity of over 40 years, or ``(ii) is payable in stock of the issuer or a related person. ``(B) Weighted average maturity.--For purposes of subparagraph (A), in determining the weighted average maturity of an interest, any right to extend or renew shall be treated as exercised, and any right to accelerate payment shall not be taken into account. ``(C) Payable in stock.--For purposes of subparagraph (A), an interest shall be treated as payable in stock if-- ``(i) a substantial portion of such interest is mandatorily convertible, or convertible at the issuer's option, into stock of the issuer or a related person, ``(ii) a substantial portion of the principal (or interest) associated with such interest is required to be determined, or may be determined at the option of the issuer or a related person, by reference to the value of stock of the issuer or a related person, or ``(iii) such interest is part of an arrangement designed to result in the payment of such interest with stock of the issuer or a related person. ``(2) Certain interests not classified as indebtedness in sec filing.-- ``(A) In general.--For purposes of subsection (c), an issuer shall be treated as characterizing an interest as stock (and subsection (c)(2) shall not apply) if-- ``(i) such issuer is a corporation required to file annual financial statements with the Securities and Exchange Commission, ``(ii) such financial statements do not characterize such interest as indebtedness, and ``(iii) such interest has a maximum weighted average maturity of more than 15 years. ``(B) Special rules.--For purposes of this paragraph-- ``(i) Characterization in financial statements.--An interest shall not be treated as characterized in a financial statement solely by reason of footnotes or other narrative disclosures. ``(ii) Certain interests treated as characterized in statement.--An issuer will be treated as being described in subparagraph (A)(ii) with respect to an interest if-- ``(I) the issuer issues such interest to a related person (other than a corporation), ``(II) such interest is not included on the consolidated return which includes the issuer and the holder, and ``(III) the holder (or any person related to the issuer or the holder) issues a related interest which is not characterized as indebtedness on the consolidated financial statement. ``(iii) Leveraged leases.--This paragraph shall not apply with respect to leveraged leases. ``(3) Exceptions.--This subsection shall not apply with respect to demand loans, redeemable ground rents, or any other interest specified by the Secretary by regulation. ``(4) Related person.--For purposes of this subsection, persons shall be treated as related to each other if the relationship between such persons is described in section 267(b) or 707(b).'' (2) Effective date.--The amendment made by this subsection-- (A) shall take effect only if no decrease in the maximum Federal tax rate applicable to capital gains of individuals is enacted in 1997, and (B) if the conditions of subparagraph (A) are met, shall apply to taxable years beginning after the date of the enactment of this Act. (c) Small Business Development Fund.-- (1) In general.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. SMALL BUSINESS DEVELOPMENT FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Small Business Development 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 Small Business Development Fund amounts equivalent to the taxes received in the Treasury under section 1203 (relating to tax on capital gains reduction strategy amount) or 385(d), whichever is applicable. ``(c) Expenditures.--Amounts in the Small Business Development Fund shall be available, as provided in appropriation Acts, for purposes of the Small Business Development Fund Act of 1997.'' (2) 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. 9512. Small Business Development Fund.'' (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. APPLICATION FOR ASSISTANCE (a) Form and Procedures.--An application for assistance shall be submitted in such form and in accordance with such procedures as established by the Secretary of Commerce. (b) Minimum Requirements.--The Fund shall require an application to establish that the applicant is-- (1) a credit union, (2) a community development corporation, (3) an entity engaged in job creation or enterprise and commercial development, or (4) a financial institution that needs capital to begin or expand a small business activity in a low-income community. SEC. 4. ASSISTANCE PROVIDED BY THE FUND The Fund may provide financial assistance to the entities listed in section 4(b) through equity investments, deposits, credit union shares, loans, and grants. SEC. 5. DEFINITION The term ``community development corporation'' has the meaning given such term in section 103(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 USC 4702(1)).

Small Business Development Fund Act of 1997 - Amends the Internal Revenue Code to impose upon each individual who ha s a 50 percent strategy-based capital gains tax reduction (as defined in this Act) for the taxable year a tax equal to one percent of the strategy amount for that taxable year. Requires the Secretary of the Treasury to publish a list of applicable tax reduction strategies for the next calendar quarter. Makes the above amendment effective only if a decrease in the maximum Federal capital gains tax rate is enacted during 1997. Amends Code provisions relating to the treatment of certain interests in corporations as stock or indebtedness to treat a corporate interest as stock if such interest: (1) has a maximum weighted average maturity of over 40 years; or (2) is payable in stock of the issuer or a related person. Requires an issuer to be treated as issuing an interest in stock if: (1) the issuer is a corporation required to file annual financial statements with the Securities and Exchange Commission; (2) such statements do not characterize such interest as indebtedness; and (3) such interest has a maximum weighted average maturity of over 15 years. Provides exceptions. Makes such amendment effective only if no decrease in the maximum Federal capital gains tax rate is enacted during 1997. Establishes in the Treasury the Small Business Development Fund and appropriates to such Fund amounts equal to any taxes received as a result of amendments made by this Act. Provides Fund assistance application requirements. Allows the Fund to provide such financial assistance to credit unions, community development corporations, entities engaged in job creation or enterprise and commercial development, or financial institutions needing capital to begin or expand a small business activity in a low-income community.

Small Business Development Fund Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Amnesty Prevention Act''. SEC. 2. FINDING; PURPOSE. (a) Findings.--Congress makes the following findings: (1) The Undersecretary of Defense for Personnel and Readiness signed a memorandum entitled ``Military Accessions Vital to the National Interest Program Changes'' and dated September 25, 2014. (2) The September 25, 2014, memorandum unlawfully expanded eligibility in the Military Accessions Vital to the National Interest (MAVNI) pilot program to include unlawful aliens. (3) Prior to this memo, the Department of Defense never attempted to enlist aliens granted deferred action by the Department of Homeland Security pursuant to the memorandum of the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'' and dated June 15, 2012. (4) Department of Defense enlistment rules prohibit unlawful aliens from enlisting in the Armed Forces. (5) MAVNI is a military pilot program intended for lawful immigrants and lawful nonimmigrants initially approved by the Department of Defense in 2008. (6) The Department of Defense has stated that the authority for the MAVNI program is found in section 504(b)(2) of title 10, United States Code. (7) MAVNI was intended to be a one-year pilot program and initially began with a cap of 1,000 recruits for all branches of the Armed Forces. (8) The pilot program expired on December 21, 2009. (9) On August 17, 2010, the Department of Defense issued guidance extending MAVNI through December 31, 2011. (10) However, in order to assure the safety and security of Department of Defense personnel, equipment, and operations, implementation of the August 17, 2010, guidance was delayed until the Deputy Secretary of Defense issued a memorandum entitled ``Reinstatement of Military Accessions Vital to National Interest Pilot Program'' and dated May 16, 2012. (11) The May 16, 2012, memorandum extended the pilot program for two years and increased the cap for the pilot program to 1,500 recruits for all branches of the Armed Forces. (12) As a result of a request from the Army, the Department of Defense in March of 2015 increased the cap for MAVNI to 3,000 recruits for all branches of the Armed Forces for fiscal year 2015 and 5,200 recruits for all branches of the Armed Forces for fiscal year 2016. (13) The Department of Defense relies on the United States Citizenship and Immigration Services (USCIS) to validate ``self-declared'' recruits and documents for unlawful aliens participating in MAVNI. (14) In fiscal year 2015, every branch of the Armed Services met their enlistment goal. In fact, the Army, Navy, Air Force, and Marine Corps have all met their enlistment goals every year since 2003, with the exception of one branch missing its target in 2006. (15) In recent years, approximately 80 percent of individuals who have sought to enlist in the Armed Forces have been rejected. (16) There is currently no shortage of qualified applicants for service in the Armed Forces, and the Department of Defense is in the midst of eliminating 160,000 uniformed personnel positions over a nine-year period. (17) MAVNI is a pilot program created by the executive branch that allows participants to receive United States citizenship after one day of wartime service. (18) The Department of Defense has stated the agency's intent to renew the MAVNI program pending a reevaluation and final decision. (19) The changes to the program that allowed unlawful aliens to be eligible for enlistment were never authorized by Congress. (20) Article I, section 8, clause 4 of the United States Constitution grants Congress exclusive jurisdiction with regard to United States citizenship and immigration matters. (b) Purpose.--It is the purpose of this Act to prevent amnesty within the Department of Defense by amending section 504(b)(2) of title 10, United States Code, to ensure that unlawful aliens are not eligible to enlist in the Armed Forces. SEC. 3. ADMISSION AND LAWFUL STATUS REQUIRED FOR ELIGIBILITY TO ENLIST IN THE UNITED STATES ARMED FORCES. Paragraph (2) of section 504(b) of title 10, United States Code, is amended to read as follows: ``(2) Notwithstanding paragraph (1), the Secretary concerned may authorize the enlistment of a person not described in such paragraph if the Secretary determines that-- ``(A) the person is an alien in a lawful immigration status who was admitted and inspected pursuant to the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); and ``(B) the enlistment of the alien is vital to the national interest.''.

Military Amnesty Prevention Act This bill permits the enlistment into the Armed Forces of aliens other than U.S. nationals and permanent resident aliens when such enlistment is vital to the U.S. national interest only if such individuals are in lawful immigration status.

Military Amnesty Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Exploration Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is in the national interest of the United States to have a vigorous, outward-looking program of space exploration, encompassing both robotic spacecraft missions and human space flight. (2) The United States has achieved major accomplishments in its human space flight program over the last 4 decades, including the first crewed lunar landing, the first reusable crewed Space Shuttle, and the first truly international Space Station. (3) There currently is no commitment to the accomplishment of any challenging goals in human space flight after the completion of the International Space Station. (4) While a significant amount of scientific research can and should be accomplished by robotic means, a comprehensive plan of scientific exploration of the solar system and search for life beyond Earth will require both robotic spacecraft missions and human space flight to achieve its goals. (5) Properly coordinated, the Nation's human space flight program does not compete with robotic exploration but instead complements it and provides additional capabilities for scientific research. (6) The successful repair and servicing of the Hubble Space Telescope demonstrates the potential for the productive participation of the human space flight program in advancing the goals of scientific exploration. (7) There have been numerous commissions and study panels over the last 30 years that have articulated goals for the future of human space flight, and additional studies to establish goals are not needed at this time. (8) While there are significant technical and programmatic hurdles to be overcome in carrying out human space flight activities beyond low Earth orbit, the main hurdle to be overcome is the lack of a national commitment to such activities. (9) In the absence of a commitment to specific and challenging human space flight goals, programs to develop generic technological capabilities for human space flight are likely to be unfocused, inefficient, and short-lived. (10) It is in the national interest of the United States to commit to a challenging set of incremental goals for the Nation's human space flight program in order to facilitate the scientific exploration of the solar system and aid in the search for life beyond Earth and to commit to the attainment of those goals. (11) While the ultimate goal of human space flight in the inner solar system is the exploration of the planet Mars, there are other important goals for exploration of the inner solar system that will advance our scientific understanding and allow the United States to develop and demonstrate capabilities that will be needed for the scientific exploration and eventual settlement of Mars. (12) A bold and sustained human space flight initiative of scientific exploration should contain progressively more challenging objectives, including missions to the Earth-Sun libration points, Earth-orbit crossing asteroids, the lunar surface, the satellites of Mars, and the surface of Mars. (13) A human space flight initiative with incremental goals and milestones will allow a continuing series of accomplishments to be achieved throughout the duration of the initiative, permit the ``lessons learned'' and capabilities acquired from previous implementation steps to be incorporated into subsequent phases of the initiative, and allow adjustments to be made to the implementation of the initiative as new opportunities or challenges arise. (14) The National Aeronautics and Space Administration should develop a roadmap and implementation plan for a progressive program of human space flight beyond low Earth orbit in support of the scientific exploration of the solar system and the search for life beyond Earth. (15) Existing and planned investments in the Space Shuttle, International Space Station, and the Space Launch Initiative should be leveraged to help advance the goals of the human space flight initiative while avoiding duplication of effort. (16) The President should ensure that sufficient resources are provided to the National Aeronautics and Space Administration and that appropriate financial management controls are in place to ensure that the implementation plan can be carried out in a timely and cost-effective manner. (17) The United States captured the imagination of the peoples of the world and inspired a generation of young people to enter careers in science and engineering when it successfully landed humans on the surface of the Moon in the years 1969 through 1972. (18) A bold and sustained human space exploration initiative has the potential to inspire a new generation of young people in the same way as the Apollo program did. (19) Properly constructed, a bold and sustained human space exploration initiative has the potential to engage the international community in peaceful cooperation in space. (20) Completion of the International Space Station with a full crew complement of 7 astronauts and robust research capabilities is essential if the United States is to carry out successfully a comprehensive initiative of scientific exploration of the solar system that involves human space flight. SEC. 3. DEFINITION. For purposes of this Act the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. SEC. 4. HUMAN SPACE FLIGHT INITIATIVE. (a) Goals.--The Administrator shall set the following goals for the future activities of the National Aeronautics and Space Administration's human space flight program: (1) Within 8 years after the date of enactment of this Act, the development and flight demonstration of a reusable space vehicle capable of carrying humans from low Earth orbit to the L 1 and L 2 Earth-Sun libration points and back for the purposes of assembling large-scale space structures such as would be required for scientific observatories, to the Earth- Moon libration points and back, and to lunar orbit and back. (2) Within 10 years after the date of enactment of this Act, the development and flight demonstration of a reusable space vehicle capable of carrying humans from low Earth orbit to and from an Earth-orbit crossing asteroid and rendezvousing with it. (3) Within 15 years after the date of enactment of this Act, the development and flight demonstration of a reusable space vehicle capable of carrying humans from lunar orbit to the surface of the Moon and back, as well as the development and deployment of a human-tended habitation and research facility on the lunar surface. (4) Within 20 years after the date of enactment of this Act, the development and flight demonstration of a reusable space vehicle capable of carrying humans from low Earth orbit to and from Martian orbit, the development and deployment of a human-tended habitation and research facility on the surface of one of the moons of Mars, and the development and flight demonstration of a reusable space vehicle capable of carrying humans from Martian orbit to the surface of Mars and back. (b) Office of Exploration.-- (1) Establishment.--The Administrator shall establish an Office of Exploration, which shall be headed by an Associate Administrator reporting directly to the Administrator. (2) Functions.--The Office of Exploration shall, in coordination with the Office of Space Flight, the Office of Space Science, and all other relevant Offices, be responsible for planning, budgeting, and managing activities undertaken by the National Aeronautics and Space Administration to accomplish the goals stated in subsection (a). (c) Implementation.-- (1) Competitions.--The Administrator shall establish a process for conducting competitions for innovative, cost- efficient mission concepts to accomplish each of the goals stated in subsection (a). The competitions shall be open to entities or consortia from industry, academia, nongovernmental research organizations, National Aeronautics and Space Administration Centers, and other governmental organizations. Mission concepts may include the provision of a commercial item or service sufficient to accomplish all or part of the relevant goal. Mission concepts that include international participation and cost-sharing shall be encouraged. The Administrator shall solicit proposals for the competition with respect to the goal stated in subsection (a)(1) not later than 180 days after the date of the enactment of this Act, and shall determine when it is appropriate to conduct competitions with respect to each of the other goals stated in subsection (a). (2) Independent review of proposals.--The Administrator shall establish an independent panel to conduct a merit-based competitive review of the proposals submitted under each competition conducted under this subsection, and to submit a rank-ordered evaluation of the proposals to the Administrator. (3) Contents.--Each proposal submitted as part of a competition under this subsection shall contain a proposed implementation plan that includes-- (A) the mission concept; (B) a cost estimate; (C) a funding profile; (D) a schedule; and (E) a technological risk reduction roadmap for any required technologies not currently available for use in the proposed mission concept. (4) Review of cost estimate and funding profile.--The Administrator shall provide for the completion of an independent external review of the cost estimate and funding profile of the competitively selected proposal for each of the competitions conducted under this subsection within 60 days after the completion of the competitive selection process. (5) Report to congress.--The Administrator shall provide to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate the implementation plan of the competitively selected proposal, along with the results of the independent external review under paragraph (4), for each competition conducted under this subsection, within 90 days after the completion of the competitive selection process. (d) Implementation Plan Updates and Reviews.-- (1) Updates.--The implementation plans of the competitively selected proposals under subsection (c) shall be updated every year by the manager of the project, as designated by the original implementation plan. (2) Updated Implementation plan review.--The Administrator shall have an independent external review panel review each of the updated implementation plans required by paragraph (1), and shall provide the results of those reviews to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate within 30 days after each review is completed. (3) Review elements.--Reviews under paragraph (2) shall address at least the following: (A) The reasonableness of the assumed schedule for the cost estimate and funding profile. (B) The degree to which the implementation plan is consistent with the competitively selected mission concept. (C) The degree to which the relevant areas of technical and programmatic risk are addressed and risk mitigation plans are in place. (D) The extent to which the implementation plan utilizes commercially available goods and services when available and appropriate to achieve the goal. (E) The extent to which the plan makes use of existing capabilities developed in previous phases of the human space flight initiative or in other National Aeronautics and Space Administration programs when available and appropriate in lieu of undertaking new development programs. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator for carrying out this Act-- (1) $50,000,000 for fiscal year 2003; and (2) $200,000,000 for fiscal year 2004.

Space Exploration Act of 2002 - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to set forth as goals for the future activities of NASA's human space flight program, the development and flight demonstration, within 8, 10, 15, and 20 years, respectively, of a reusable space vehicle capable of carrying humans between: (1) low Earth orbit and Earth-Sun and Earth-Moon libration points; (2) low Earth orbit and an Earth-orbit crossing asteroid; (3) lunar orbit and the surface of the moon, as well as deployment of a human-tended facility on the lunar surface; and (4) low Earth orbit and Martian orbit and between Martian orbit and the surface of Mars, as well as deployment of a human-tended facility on the surface of a Martian moon.Requires the Administrator to establish: (1) an Office of Exploration to be responsible for planning, budgeting, and managing activities undertaken by NASA to accomplish these goals; (2) a process for conducting competitions for innovative, cost-effective mission concepts to accomplish the goals; and (3) an independent panel to conduct a merit-based competitive review of the proposals submitted under each competition and to submit a rank-ordered evaluation of such proposals to the Administrator.Requires the Administrator to provide to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate for each competitively selected proposal its implementation plan and the results of an independent external review of the initial proposal and of each annually updated implementation plan.

To restore a vision for the United States human space flight program by instituting a series of incremental goals that will facilitate the scientific exploration of the solar system and aid in the search for life elsewhere in the universe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Welfare Benefits Protection Act''. SEC. 2. MODIFICATION OF EXCEPTION FOR 10-OR-MORE EMPLOYER PLANS FROM TREATMENT OF WELFARE BENEFIT FUNDS. (a) In General.--Paragraph (6) of section 419A(f) of the Internal Revenue Code of 1986 (relating to exception for 10-or-more employer plans) is amended by adding at the end the following new subparagraphs: ``(C) Experience-rating arrangement.--For purposes of subparagraph (A), a plan does not maintain an experience-rating arrangement if it provides that, at all times, all plan assets are available as a single, undivided pool to provide benefits to the covered employees of all individual employers participating in the plan. ``(D) Antidiscrimination rule.--Subparagraph (A) shall not apply to a 10 or more employer plan unless-- ``(i) benefits under the plan are available to all covered employees under the same formula, ``(ii) the plan benefits each employee who has attained at least the age of 21, who works 1,000 hours or more annually, and who has completed at least 1 year of service (as defined in section 410(a)(3)), ``(iii) all benefit formulas under the plan provide a uniform multiple of compensation to all participants, except that highly compensated employees can have a lower benefit than the uniform multiple of compensation provided, ``(iv) upon employer termination from the trust-- ``(I) all eligible employees are entitled to a pro rata share of the plan's assets, and ``(II) benefit payments include payment to all former eligible employees terminated 24 months or less prior to employer termination from the trust, ``(v) for each employer group, there is at least 1 employee participating in the plan who is not an owner-employee for every 2 owner- employees participating in the plan, and ``(vi) the trust maintains a ratio of plan participants that is at least 3 employees who are not owner-employees to each owner-employee. For purposes of this subparagraph, the term `owner- employee' has the meaning given to such term by section 416(i). ``(E) Distribution of benefits and plan assets.-- Subparagraph (A) shall not apply to a 10 or more employer plan unless-- ``(i) none of the assets of the plan may revert to any employer, ``(ii) no loan may be made under the plan to any employee, and ``(iii) upon termination of employer participation in the trust-- ``(I) for plans without severance benefits, an employer may terminate participation in the trust only if all employees of the employer receive a pro rata share of the benefits, ``(II) for plans with severance benefits, plan assets used to fund severance benefits can be distributed only for severance benefits which are limited to 200 percent of so much of the annual compensation as does not exceed the limitation under section 401(a)(17), and payable over not more than 24 months, or other benefits as provided under the plan, and ``(III) for plans with post- retirement medical benefits, plan assets used to fund post-retirement medical benefits can be distributed only for post-retirement medical benefits. If any plan participant, including an owner, dies prior to using all the post-retirement medical benefits to which he or she is entitled under the plan, the unused amounts revert to the trust (a forfeiture). If a participating business owner terminates participation in the plan due to insolvency, sale, merger-acquisition or other Treasury-approved event, plan assets attributable to post-retirement medical benefits must remain in the plan until/unless they are paid in the form of medical expense reimbursement post-retirement. ``(F) Rollover.--Subparagraph (A) shall not apply to a 10 or more employer plan unless the plan permits plan participants to transfer benefits from such plan to a similar multiple employer welfare benefit plan. No amount shall be includible in the gross income of a plan participant by reason of such a transfer. ``(G) Benefit limitations.--Subparagraph (A) shall not apply to a 10 or more employer plan unless benefits payable to plan participants are limited to the following: ``(i) Death benefits.--Minimum death benefit amounts are determined either by the plan formula or, if greater, by the minimum issue amounts determined by the plan's life insurance provider. ``(ii) Severance benefits.--Maximum severance benefits are determined in accordance with Department of Labor regulations and may not exceed 200 percent of so much of the annual compensation as does not exceed the limitation under section 401(a)(17). ``(iii) Post-retirement medical benefits.-- Benefits may not be paid prior to normal retirement age. Normal retirement age would be the year of eligibility for medicare, or total and permanent disability as defined under the Social Security Act. Assets funding post- retirement medical benefits revert to the plan if not paid prior to death to a participating eligible employee. Assets used to fund post- retirement medical benefits are payable to the estate of a deceased eligible participating employee to pay any uncovered medical expenses of the deceased employee participant's estate. ``(H) Deduction limitations.--Deductions for contributions to a 10 or more employer plan trust shall not exceed-- ``(i) for insured death benefits, of which the plan trustee is the sole life insurance policy owner-- ``(I) in the case of term insurance, the annual term premium, ``(II) in the case of a whole life insurance policy, the level annual premium to normal retirement age, or ``(III) in the case of universal life insurance, the guideline level annual premium (as defined in section 7702), ``(ii) for severance benefits, an amount determined using reasonable actuarial principles needed to fund the purchase of the level of benefits as stated in the plan document, but no prefunding of the benefit in excess of the amount needed to fund the current benefit amount would be permitted, and ``(iii) for medical, health, and disability benefits, an amount required to pay an insurance company premium, or in the case of a self-funded plan, amounts needed to cover the anticipated liability, but such contributions would be forfeited to the welfare benefit trust if the employer plan participant dies or terminates prior to payment of these benefits, or if the employer terminates participation in the welfare benefit trust. ``(I) Forfeiture pool.--Subparagraph (A) shall not apply to a 10 or more employer plan unless all assets in the forfeiture pool are used in a nondiscriminatory manner for the benefit of participating employees.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of first committee action, but benefits earned as of that date may be funded at the level at which they exist as of such date with deductible contributions if the plans are brought into compliance with the rules of such amendment within 24 months after such date of enactment.

Small Business Welfare Benefits Protection Act - Amends the Internal Revenue Code to revise the exception from the treatment of welfare benefit funds for "ten or more employer plans."

To amend the Internal Revenue Code of 1986 to modify the exception from the treatment of welfare benefit funds for 10-or-more employer plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Airplane Crash at Gander, Newfoundland, Act''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch of the Federal Government a commission to be known as the Commission on the Airplane Crash at Gander, Newfoundland. SEC. 3. DUTIES. (a) In General.--The Commission shall conduct a full and complete investigation into, and study of, the circumstances surrounding the crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada, on December 12, 1985. (b) Specific Issues.--In fulfilling the duty described in subsection (a), the Commission shall address-- (1) the mechanical condition and soundness of the aircraft during the course of its flight and crash; (2) the weather conditions encountered by the aircraft during the course its flight and crash; (3) the scope and adequacy of the investigation conducted, and the conclusions reached, by the Canadian Aviation Safety Board regarding the crash of the aircraft; (4) the role of each Federal agency that was or should have been involved in the flight or in an investigation of the crash of the aircraft; (5) the connection, if any, between the crash of the aircraft and terrorism against the Federal Government or people from the United States; and (6) the connection, if any, between the crash of the aircraft and any matter authorized to be investigated by the Select Committee to Investigate Covert Arms Transactions with Iran, which was established in the House of Representatives on January 7, 1987. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 13 members appointed not later than 180 days after the date of the enactment of this Act. The Commission shall consist of the following members: (1) 3 individuals appointed by the Speaker of the House of Representatives. (2) 3 individuals appointed by the minority leader of the House of Representatives. (3) 3 individuals appointed by the majority leader of the Senate. (4) 3 individuals appointed by the minority leader of the Senate. (5) 1 individual appointed jointly by the Speaker and the minority leader of the House of Representatives and the majority and minority leaders of the Senate from among individuals who are officers, directors, employees, or members of Families for Truth About Gander, Incorporated. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 60 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--7 members of the Commission shall constitute a quorum, but a lesser number may hold hearings, take testimony, or receive evidence. (f) Chairperson and Vice Chairperson.--The chairperson and vice chairperson of the Commission shall be elected by a majority vote of the members of the Commission. (g) Meetings.--The first meeting of the Commission shall be called by the joint action of the congressional leadership referred to in subsection (a). Thereafter, the Commission shall meet at the call of the chairperson of the Commission or a majority of its members. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a director appointed by the Commission and paid at a rate not to exceed the minimum rate of basic pay payable for GS-15 of the General Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate, except that an individual so appointed may not receive pay in excess of the minimum rate of basic pay payable for GS-12 of the General Schedule. (c) Experts and Consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants, including stenographic reporting services, at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate, within the United States or in any other country. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Information.-- (1) In general.--Notwithstanding sections 552 and 552b of title 5, United States Code, the Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (2) Prohibition of disclosure.--The Commission shall not disclose information secured under paragraph (1) that is protected from disclosure by Federal law or that is classified for national security purposes. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence relating to any matter that the Commission is empowered to investigate by section 3. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Service of subpoenas.--A subpoena of the Commission may be served by any person designated by the Commission or the chairperson of the Commission. (3) Failure to obey subpoena.--If a person refuses to obey a subpoena issues under paragraph (1), the Commission may apply to a United States district court for an order requiring the person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where the person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (4) Service of process.--All process of any court to which application is made under paragraph (3) may be served in the judicial district in which the person required to be served resides or may be found. (f) Evidence in Foreign Countries.-- (1) In general.--The Commission may obtain evidence located in a foreign country with the cooperation of the government of the country or, if the laws of the country allow, by letters rogatory, commissions, field depositions, and other appropriate mechanisms. (2) Requests for assistance.--For the purpose of obtaining evidence located in a foreign country, the Commission may make application to a court of competent jurisdiction for issuance of letters rogatory and may request other appropriate assistance from any agency of the legislative, executive, or judicial branches of the Federal Government. The Commission may request the Secretary of State to transmit a letter rogatory or other request to a foreign tribunal, officer, or agency. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT. (a) In General.--Not later than the expiration of the 18-month period beginning on the date of the appointment of the last member of the Commission to be appointed under section 4(a), the Commission shall submit to the President and the Congress a report. The report shall include-- (1) a detailed chronology of the relevant events that took place before, during, and after the crash of the aircraft, including the sequential development of the investigation conducted by the Canadian Aviation Safety Board; (2) the findings and conclusions of the Commission; and (3) specific recommendations for legislative, executive, or judicial actions that the Commission determines to be appropriate. (b) Specific Findings and Conclusions.--The report required by subsection (a) shall include the findings and conclusions of the Commission concerning-- (1) the cause or causes of the crash of the aircraft; (2) the person or persons responsible for the crash, if any; (3) the adequacy of the investigation conducted by the Canadian Aviation Safety Board; and (4) the adequacy of any assistance provided to the Canadian Aviation Safety Board by any Federal agency. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 60-day period beginning on the date on which the Commission submits its report under section 7. SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Commission on the Airplane Crash at Gander, Newfoundland, established by section 2. (2) The term ``aircraft'' means the Arrow Airlines airplane that crashed near Gander, Newfoundland, Canada, on December 12, 1985. SEC. 10. BUDGET COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized by this Act shall be effective only to such extent or in such amounts as are provided in appropriation Acts.

Commission on the Airplane Crash at Gander, Newfoundland, Act - Establishes in the legislative branch of the Government the Commission on the Airplane Crash at Gander, Newfoundland. Directs the Commission to investigate, study, and report to the President and the Congress on the circumstances surrounding the crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada, on December 12, 1985.

Commission on the Airplane Crash at Gander, Newfoundland, Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Merchant Mariners of World War II Congressional Gold Medal Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) 2015 marked the 70th anniversary of the Allied victory in World War II and the restoration of peacetime across the European and Pacific theaters. (2) The United States Merchant Marine (in this section referred to as the ``Merchant Marine'') was integral in providing the link between domestic production and the fighting forces overseas, providing combat equipment, fuel, food, commodities, and raw materials to troops stationed abroad. (3) Fleet Admiral Ernest J. King acknowledged the indispensability of the Merchant Marine to the victory in a 1945 letter stating that, without the support of the Merchant Marine, ``the Navy could not have accomplished its mission''. (4) President, and former Supreme Commander of the Allied Forces, Dwight D. Eisenhower acknowledged that ``through the prompt delivery of supplies and equipment to our armed forces overseas, and of cargoes representing economic and military aid to friendly nations, the American Merchant Marine has effectively helped to strengthen the forces of freedom throughout the world''. (5) Military missions and war planning were contingent upon the availability of resources and the Merchant Marine played a vital role in this regard, ensuring the efficient and reliable transoceanic transport of military equipment and both military and civilian personnel. (6) The Merchant Marine provided for the successful transport of resources and personnel despite consistent and ongoing exposure to enemy combatants from both the air and the sea, including from enemy bomber squadrons, submarines, and mines. (7) The efforts of the Merchant Marine were not without sacrifices as the Merchant Marine bore a higher per-capita casualty rate than any other branch of the military during the war. (8) The Merchant Marine proved to be an instrumental asset on an untold number of occasions, participating in every landing operation by the United States Marine Corps, from Guadalcanal to Iwo Jima. (9) The Merchant Marine provided the bulk tonnage of material necessary for the invasion of Normandy, an invasion which, according to a 1944 New York Times article, ``would not have been possible without the Merchant Marine''. (10) In assessing the performance of the Merchant Marine, General Eisenhower stated, ``every man in this Allied command is quick to express his admiration for the loyalty, courage, and fortitude of the officers and men of the Merchant Marine. We count upon their efficiency and their utter devotion to duty as we do our own; they have never failed us''. (11) During a September 1944 speech, President Franklin D. Roosevelt stated that the Merchant Marine had ``delivered the goods when and where needed in every theater of operations and across every ocean in the biggest, the most difficult, and dangerous transportation job ever undertaken. As time goes on, there will be greater public understanding of our merchant fleet's record during this war.''. (12) The feats and accomplishments of the Merchant Marine are deserving of broader public recognition. (13) The United States will be forever grateful and indebted to these merchant mariners for their effective, reliable, and courageous transport of goods and resources in enemy territory throughout theaters of every variety in World War II. (14) The goods and resources transported by the Merchant Marine saved thousands of lives and enabled the Allied Powers to claim victory in World War II. (15) The Congressional Gold Medal would be an appropriate way to shed further light on the service of the merchant mariners in World War II and the instrumental role they played in winning that war. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States merchant mariners of World War II, in recognition of their dedicated and vital service during World War II. (b) Design and Striking.--For the purposes of the award described in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) American Merchant Marine Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the American Merchant Marine Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of Congress that the American Merchant Marine Museum should make the gold medal given to the Museum under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Merchant Marine and that preference should be given to locations affiliated with the United States Merchant Marine. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Merchant Mariners of World War II Congressional Gold Medal Act of 2016 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the U.S. merchant mariners of World War II in recognition of their dedicated and vital service during World War II. Expresses the sense of Congress that the American Merchant Marine Museum should make the medal available for display elsewhere, particularly at appropriate locations associated with the U.S. Merchant Marine, giving preference to locations affiliated with it.

Merchant Mariners of World War II Congressional Gold Medal Act of 2016

SECTION 1. IMPOSITION OF SENTENCE. Section 3553(a)(4) of title 18, United States Code, is amended to read as follows: ``(4) the kinds of sentence and the sentencing range established for-- ``(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to section 944(a)(1) of title 28, United States Code, and that are in effect on the date the defendant is sentenced; or ``(B) in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code,''. SEC. 2. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION. Section 3563(a)(3) of title 18, United States Code, is amended by striking ``possess illegal controlled substances'' and inserting ``unlawfully possess a controlled substance''. SEC. 3. REVOCATION OF PROBATION. (a) In General.--Section 3565(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``impose any other sentence that was available under subchapter A at the time of the initial sentencing'' and inserting ``resentence the defendant under subchapter A''; and (2) by striking the last sentence. (b) Mandatory Revocation.--Section 3565(b) of title 18, United States Code, is amended to read as follows: ``(b) Mandatory Revocation for Possession of Controlled Substance or Firearm or Refusal To Comply With Drug Testing.--If the defendant-- ``(1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3); ``(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm; or ``(3) refuses to comply with drug testing imposed as a condition of probation; the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.''. SEC. 4. SUPERVISED RELEASE AFTER IMPRISONMENT. Section 3583 of title 18, United States Code, is amended-- (1) in subsection (d), by striking ``possess illegal controlled substance'' and inserting ``unlawfully possess a controlled substance''; (2) in subsection (e)-- (A) by striking ``person'' each place it appears in such subsection and inserting ``defendant''; and (B) by amending paragraph (3) to read as follows: ``(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or''; and (3) by striking subsection (g) and inserting the following: ``(g) Mandatory Revocation for Possession of Controlled Substance or Firearm or Refusal To Comply With Drug Testing.--If the defendant-- ``(1) possesses a controlled substance in violation of the condition set forth in subsection (d); ``(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm; or ``(3) refuses to comply with drug testing imposed as a condition of supervised release; the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3). ``(h) Supervised Release Following Revocation.--When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3), the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release. ``(i) Delayed Revocation.--The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.''.

Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the U.S. Sentencing Commission. Revises provisions regarding the revocation of probation to: (1) authorize the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation; and (2) provide for mandatory revocation for possession of a controlled substance or firearm or refusal to comply with drug testing imposed as a condition of probation and resentencing of the defendant to a sentence that includes a term of imprisonment. Directs the court to revoke supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of release without credit for time previously served on post-release supervision if the court finds that the defendant violated a condition of supervised release, with exceptions. Provides for mandatory revocation of supervised release for possession of a controlled substance or firearm or refusal to comply with drug testing imposed as a condition of supervised release. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of supervised release shall not exceed that authorized by statute for the offense that resulted in the original term of release, minus any term of imprisonment that was imposed upon revocation of supervised release.

To amend title 18, United States Code, with respect to terms of imprisonment and supervised release following revocation of a term of probation or supervised release.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Undervaluation Investigation Act''. SEC. 2. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION UNDER COUNTERVAILING DUTY LAW. Subsection (c) of section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is amended by adding at the end the following: ``(6) Currency undervaluation.--For purposes of a countervailing duty investigation under this subtitle in which the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, or a review under subtitle C with respect to a countervailing duty order, the administering authority shall initiate an investigation to determine whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy, if-- ``(A) a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and ``(B) the petition is accompanied by information reasonably available to the petitioner supporting those allegations.''. SEC. 3. BENEFIT CALCULATION METHODOLOGY WITH RESPECT TO CURRENCY UNDERVALUATION. Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(37) Currency undervaluation benefit.-- ``(A) Currency undervaluation benefit.--For purposes of a countervailing duty investigation under subtitle A, or a review under subtitle C with respect to a countervailing duty order, the following shall apply: ``(i) In general.--If the administering authority determines to investigate whether currency undervaluation provides a countervailable subsidy, the administering authority shall determine whether there is a benefit to the recipient of that subsidy and measure such benefit by comparing the simple average of the real exchange rates derived from application of the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach to the official daily exchange rate identified by the administering authority. ``(ii) Reliance on data.--In making the determination under clause (i), the administering authority shall rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or the World Bank, or other international organizations or national governments if data from the International Monetary Fund or World Bank are not available. ``(B) Definitions.--In this paragraph: ``(i) Macroeconomic-balance approach.--The term `macroeconomic-balance approach' means a methodology under which the level of undervaluation of the real effective exchange rate of the currency of the exporting country is defined as the change in the real effective exchange rate needed to achieve equilibrium in the balance of payments of the exporting country, as such methodology is described in the guidelines of the International Monetary Fund's Consultative Group on Exchange Rate Issues, if available. ``(ii) Equilibrium-real-exchange-rate approach.--The term `equilibrium-real-exchange- rate approach' means a methodology under which the level of undervaluation of the real effective exchange rate of the currency of the exporting country is defined as the difference between the observed real effective exchange rate and the real effective exchange rate, as such methodology is described in the guidelines of the International Monetary Fund's Consultative Group on Exchange Rate Issues, if available. ``(iii) Real exchange rates.--The term `real exchange rates' means the bilateral exchange rates derived from converting the trade-weighted multilateral exchange rates yielded by the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach into real bilateral terms.''. SEC. 4. MODIFICATION OF DEFINITION OF SPECIFICITY WITH RESPECT TO EXPORT SUBSIDY. Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following new sentence: ``The fact that a subsidy may also be provided in circumstances that do not involve export shall not, for that reason alone, mean that the subsidy cannot be considered contingent upon export performance.''. SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 6. EFFECTIVE DATE. The amendments made by this Act apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and reviews initiated under subtitle C of title VII of such Act (19 U.S.C. 1675 et seq.)-- (1) before the date of the enactment of this Act, if the investigation or review is pending a final determination as of such date of enactment; and (2) on or after such date of enactment.

Currency Undervaluation Investigation Act Amends the Tariff Act of 1930 to require the administering authority, upon the filing of a petition by an interested party, to initiate a countervailing duty investigation or review to determine whether currency undervaluation by the government of, or any public entity within, a foreign country is providing, directly or indirectly, a countervailable subsidy to its exporters or products. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Declares that the amendments made by this Act shall apply to goods from Canada and Mexico.

Currency Undervaluation Investigation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Marginal Lands and Protecting Farming Act of 2013''. SEC. 2. MAXIMUM ENROLLMENT. Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended to read as follows: ``(d) Maximum Enrollment.--The Secretary may maintain in the conservation reserve at any 1 time, not more than-- ``(1) during fiscal year 2013, 29,000,000 acres; ``(2) during fiscal year 2014, 26,000,000 acres; and ``(3) during each of fiscal years 2015 through 2018, 24,000,000 acres.''. SEC. 3. INELIGIBLE LAND. Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end the following new subsection: ``(j) Ineligible Land.--Notwithstanding any other provision of this section, after the date of enactment of this subsection, the Secretary may not enroll land in the conservation reserve that is classified as class I or class II land under the land capability classification system published in the National Soil Survey Handbook of the Natural Resources Conservation Service, unless such land is enrolled as a buffer, filterstrip, or strip adjacent to a riparian area.''. SEC. 4. CONTRACT REQUIREMENTS. (a) Early Termination by Owner or Operator.--Section 1235(e) of the Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``The Secretary'' and inserting ``During fiscal year 2014, the Secretary''; and (B) by striking ``before January 1, 1995,''; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: ``(C) Land devoted to hardwood trees. ``(D) Wildlife habitat, duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food plots, State acres for wildlife enhancement, shallow water areas for wildlife, and rare and declining habitat. ``(E) Farmable wetland and restored wetland. ``(F) Land that contains diversions, erosion control structures, flood control structures, contour grass strips, living snow fences, salinity reducing vegetation, cross wind trap strips, and sediment retention structures. ``(G) Land located within a federally-designated wellhead protection area. ``(H) Land that is covered by an easement under the conservation reserve program. ``(I) Land located within an average width, according to the applicable Natural Resources Conservation Service field office technical guide, of a perennial stream or permanent water body.''; and (3) in paragraph (3), by striking ``60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C)'' and inserting ``upon approval by the Secretary''. (b) Transition Option for Certain Farmers or Ranchers.--Section 1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``Duties'' and all that follows through ``a beginning farmer'' and inserting ``Transition to covered farmer or rancher.--In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer''; (B) in subparagraph (A)(i), by inserting ``, including preparing to plant an agricultural crop'' after ``improvements''; (C) in subparagraph (D), by striking ``the farmer or rancher'' and inserting ``the covered farmer or rancher''; and (D) in subparagraph (E), by striking ``section 1001A(b)(3)(B)'' and inserting ``section 1001(a)''; and (2) in paragraph (2), by striking ``requirement of section 1231(h)(4)(B)'' and inserting ``option pursuant to section 1231(h)''. (c) Final Year Contract.--Section 1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is amended by adding at the end the following new subsection: ``(g) Final Year of Contract.--The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if-- ``(1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and ``(2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subchapter.''.

Preserving Marginal Lands and Protecting Farming Act of 2013 - Amends the Food Security Act of 1985 to set the maximum number of acres that may be enrolled at any one time in the conservation reserve program (CRP) at: (1) 29 million acres for FY2013, (2) 26 million acres for FY2014, and (3) 26 million acres for each of FY2015 through FY2018. Prohibits the enrollment of land in the conservation reserve that is classified as class I or class II land under the National Soil Survey Handbook's land capability classification system unless such land is enrolled as a buffer, filterstrip, or strip adjacent to a riparian area. Directs the Secretary of Agriculture (USDA), during FY2014, to permit a participant that entered into a CRP contract to terminate the contract at any time if the contract has been in effect for at least five years. Revises the types of land that are not subject to early contract termination.

Preserving Marginal Lands and Protecting Farming Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Adolescents From Exploitation-Online Act of 2007'' or the ``SAFE Act of 2007''. SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2258 the following: ``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS. ``(a) Duty To Report.-- ``(1) In general.--Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible-- ``(A) complete and maintain with current information a registration with the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center, by providing the mailing address, telephone number, facsimile number, electronic mail address of, and individual point of contact for, such electronic communication service provider or remote computing service provider; and ``(B) make a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by such center. ``(2) Facts or circumstances.--The facts or circumstances described in this paragraph are any facts or circumstances that appear to indicate a violation of-- ``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography; or ``(B) section 1466A. ``(b) Contents of Report.--To the extent available to an electronic communication service provider or a remote computing service provider, each report under subsection (a)(1) shall include the following information: ``(1) Information about the involved individual.-- Information relating to the Internet identity of any individual who appears to have violated a Federal law in the manner described in subsection (a)(2), which shall, to the extent reasonably practicable, include the electronic mail address, website address, uniform resource locator, or any other identifying information, including self-reported identifying information. ``(2) Historical reference.--Information relating to when any apparent child pornography was uploaded, transmitted, reported to, or discovered by the electronic communication service provider or remote computing service provider, as the case may be, including a date and time stamp and time zone. ``(3) Geographic location information.--Information relating to the geographic location of the involved individual, hosting website, or uniform resource locator, which shall include the Internet Protocol Address or verified billing address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code. The information shall also include any self-reported geographic information. ``(4) Images of apparent child pornography.--Any image of any apparent child pornography relating to the incident such report is regarding. ``(5) Commingled images.--Any images, data, or other digital files (collectively referred to as `digital files') which are commingled or interspersed among the images of apparent child pornography. If it would impose an undue hardship to provide these commingled digital files as part of the report, because of the volume of the digital files or for other reasons, the reporting company shall, in lieu of providing those digital files, inform the CyberTipline of the existence of such digital files, and retain those digital files as if they were part of the report as required pursuant to subsection (h). ``(c) Forwarding of Report to Law Enforcement.-- ``(1) In general.--The National Center for Missing and Exploited Children shall forward each report made under subsection (a)(1) to any appropriate law enforcement agency designated by the Attorney General under subsection (d)(2). ``(2) State and local law enforcement.--The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to an appropriate official of a State or political subdivision of a State for the purpose of enforcing State criminal law. ``(3) Foreign law enforcement.--The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to any appropriate foreign law enforcement agency designated by the Attorney General under subsection (d)(3), subject to the conditions established by the Attorney General under subsection (d)(3). ``(d) Attorney General Responsibilities.-- ``(1) In general.--The Attorney General shall enforce this section. ``(2) Designation of federal agencies.--The Attorney General shall designate promptly the Federal law enforcement agency or agencies to which a report shall be forwarded under subsection (c)(1). ``(3) Designation of foreign agencies.--The Attorney General shall promptly-- ``(A) designate the foreign law enforcement agencies to which a report may be forwarded under subsection (c)(3); ``(B) establish the conditions under which such a report may be forwarded to such agencies; and ``(C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (c)(3). ``(e) Failure To Report.--An electronic communication service provider or remote computing service provider that knowingly and willfully fails to make a report required under subsection (a)(1) shall be fined-- ``(1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and ``(2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. ``(f) Protection of Privacy.--Nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to-- ``(1) monitor any user, subscriber, or customer of that provider; ``(2) monitor the content of any communication of any person described in paragraph (1); or ``(3) affirmatively seek facts or circumstances described in subsection (a)(2). ``(g) Conditions of Disclosure Information Contained Within Report.-- ``(1) In general.--Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (c) shall not disclose any information contained in that report. ``(2) Permitted disclosures.--A law enforcement agency may disclose information in a report received under subsection (c)-- ``(A) to an attorney for the government for use in the performance of the official duties of that attorney; ``(B) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; ``(C) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; ``(D) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; ``(E) to a defendant in a criminal case or the attorney for that defendant, to the extent the information relates to a criminal charge pending against that defendant; ``(F) to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to that report. The electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of that report to any person, except as necessary to respond to the legal process; and ``(G) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. ``(h) Evidence Preservation.-- ``(1) In general.--For the purposes of this section, the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report under subsection (a)(1) shall be treated as notice to preserve, as if such notice was made pursuant to section 2703(f). ``(2) Preservation of report.--Pursuant to subsection (h)(1), an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection (b) as well as the information in subsection (c)(2) of section 2703 pertaining to the involved individual for not less than 180 days after such notification by the CyberTipline. ``(3) Authorities and duties not affected.--Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703. ``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS, REMOTE COMPUTING SERVICE PROVIDERS, OR DOMAIN NAME REGISTRAR. ``(a) In General.--Except as provided in subsections (b) and (c), a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain name registrar, including any director, officer, employee, or agent of such electronic communication service provider, remote computing service provider, or domain name registrar arising from the performance of the reporting responsibilities of such electronic communication service provider, remote computing service provider, or domain name registrar under this section, section 2258A, or section 2258C may not be brought in any Federal or State court. ``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a) shall not apply to a claim if the electronic communication service provider, remote computing service provider, or domain name registrar, or a director, officer, employee, or agent of that electronic communication service provider, remote computing service provider, or domain name registrar-- ``(1) engaged in intentional misconduct; or ``(2) acted, or failed to act-- ``(A) with actual malice; ``(B) with reckless disregard to a substantial risk of causing injury without legal justification; or ``(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A, or section 2258C. ``(c) Ordinary Business Activities.--Subsection (a) shall not apply to an act or omission relating to an ordinary business activity of an electronic communication service provider, a remote computing service provider, or domain name registrar, including general administration or operations, the use of motor vehicles, or personnel management. ``(d) Minimizing Access.--An electronic communication service provider, a remote computing service provider, and domain name registrar shall-- ``(1) minimize the number of employees that are provided access to any image provided under section 2258A or 2258C; and ``(2) ensure that any such image is permanently destroyed, upon notification from a law enforcement agency. ``SEC. 2258C. USE OF IMAGES FROM THE CYBERTIPLINE TO COMBAT CHILD PORNOGRAPHY. ``(a) In General.--The National Center for Missing and Exploited Children is authorized to provide elements relating to any image reported to its CyberTipline to an electronic communication service provider or a remote computing service provider for the sole and exclusive purpose of permitting that electronic communication service provider or remote computing service provider to stop the further transmission of images. Such elements may include unique identifiers associated with a specific image, Internet location of images, and other technological elements that can be used to identify and stop the transmission of child pornography. ``(b) Use by Electronic Communication Service Providers and Remote Computing Service Providers.--Any electronic communication service provider or remote computing service provider that receives elements relating to an image from the National Center for Missing and Exploited Children under this section may use such information only for the purposes described in this section, provided that such use shall not relieve that electronic communication service provider or remote computing service provider from its reporting obligations under section 2258A. ``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN. ``(a) In General.--Except as provided in subsections (b) and (c), a civil claim or criminal charge against the National Center for Missing and Exploited Children, including any director, officer, employee, or agent of such center, arising from the performance of the CyberTipline responsibilities or functions of such center, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773), or from the effort of such center to identify child victims may not be brought in any Federal or State court. ``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a) shall not apply to a claim or charge if the National Center for Missing and Exploited Children, or a director, officer, employee, or agent of such center-- ``(1) engaged in intentional misconduct; or ``(2) acted, or failed to act-- ``(A) with actual malice; ``(B) with reckless disregard to a substantial risk of causing injury without legal justification; or ``(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773). ``(c) Ordinary Business Activities.--Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. ``(d) Minimizing Access.--The National Center for Missing and Exploited Children shall-- ``(1) minimize the number of employees that are provided access to any image provided under section 2258A; and ``(2) ensure that any such image is permanently destroyed upon notification from a law enforcement agency. ``SEC. 2258E. DEFINITIONS. ``In sections 2258A through 2258D-- ``(1) the terms `attorney for the government' and `State' have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure; ``(2) the term `electronic communication service' has the meaning given that term in section 2510; ``(3) the term `electronic mail address' has the meaning given that term in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702); ``(4) the term `Internet' has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note); ``(5) the term `remote computing service' has the meaning given that term in section 2711; and ``(6) the term `website' means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.''. (b) Conforming Amendments.-- (1) Repeal of superceded provision.--Section 227 of the Crime Control Act of 1990 (42 U.S.C. 13032) is repealed. (2) Table of sections.--The table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2258 the following: ``2258A. Reporting requirements of electronic communication service providers and remote computing service providers. ``2258B. Limited liability for electronic communication service providers and remote computing service providers. ``2258C. Use of images from the CyberTipline to combat child pornography. ``2258D. Limited liability for the National Center for Missing and Exploited Children. ``2258E. Definitions.''. Passed the House of Representatives December 5, 2007. Attest: LORRAINE C. MILLER, Clerk.

Securing Adolescents From Exploitation-Online Act of 2007 or the SAFE Act of 2007 - Amends the federal criminal code to expand the reporting requirements of electronic communication and remote computing service providers with respect to violations of laws prohibiting sexual exploitation of children and child pornography. Requires such service providers who obtain knowledge of violations of child exploitation and pornography laws to: (1) complete and maintain with current information a registration with the CyberTipline of the National Center for Missing and Exploited Children (NCMEC); and (2) provide information relating to the Internet identity of any individual who appears to have violated a child exploitation or pornography law, including the geographic location of such individual and images of any apparent child pornography. Requires NCMEC to forward any report of suspected child pornography violations to law enforcement agencies designated by the Attorney General. Imposes civil penalties on service providers who fail to report suspected child exploitation or pornography. Prohibits law enforcement agencies that receive reports from service providers from disclosing information in such reports except for law enforcement and criminal defense purposes. Requires service providers to preserve images of child pornography for evidentiary purposes. Grants service providers and NCMEC limited immunity from civil and criminal liability for reporting information required by this Act, except in cases of intentional misconduct or malicious failure to act in accordance with law. Requires service providers and NCMEC to minimize employee access to pornographic images and to destroy such images upon notification from a law enforcement agency. Authorizes NCMEC to provide images of child pornography reported to its CyberTipline to service providers to enable such providers to stop further transmission of pornographic images of children.

To modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Disclosure of Evidence Act of 2012''. SEC. 2. DUTY TO DISCLOSE FAVORABLE INFORMATION. Chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3014. Duty to disclose favorable information ``(a) Definitions.--In this section-- ``(1) the term `covered information' means information, data, documents, evidence, or objects that may reasonably appear to be favorable to the defendant in a criminal prosecution brought by the United States with respect to-- ``(A) the determination of guilt; ``(B) any preliminary matter before the court before which the criminal prosecution is pending; or ``(C) the sentence to be imposed; and ``(2) the term `prosecution team' includes, with respect to a criminal prosecution brought by the United States-- ``(A) the Executive agency, as defined in section 105 of title 5, that brings the criminal prosecution on behalf of the United States; and ``(B) any entity or individual, including a law enforcement agency or official, that-- ``(i) acts on behalf of the United States with respect to the criminal prosecution; ``(ii) acts under the control of the United States with respect to the criminal prosecution; or ``(iii) participates, jointly with the Executive agency described in subparagraph (A), in any investigation with respect to the criminal prosecution. ``(b) Duty To Disclose Favorable Information.--In a criminal prosecution brought by the United States, the attorney for the Government shall provide to the defendant any covered information-- ``(1) that is within the possession, custody, or control of the prosecution team; or ``(2) the existence of which is known, or by the exercise of due diligence would become known, to the attorney for the Government. ``(c) Timing.--Except as provided in subsections (e) and (f), the attorney for the Government shall provide to the defendant any covered information-- ``(1) without delay after arraignment and before the entry of any guilty plea; and ``(2) if the existence of the covered information is not known on the date of the initial disclosure under this subsection, as soon as is reasonably practicable upon the existence of the covered information becoming known, without regard to whether the defendant has entered or agreed to enter a guilty plea. ``(d) Relationship to Other Laws.-- ``(1) In general.--Except as provided in paragraph (2), the requirements under subsections (b) and (c) shall apply notwithstanding section 3500(a) or any other provision of law (including any rule or statute). ``(2) Classified information.--Classified information (as defined in section 1 of the Classified Information Procedures Act (18 U.S.C. App.)) shall be treated in accordance with the Classified Information Procedures Act. ``(e) Protective Orders.-- ``(1) In general.--Upon motion of the United States, the court may issue an order to protect against the immediate disclosure to a defendant of covered information otherwise required to be disclosed under subsection (b) if-- ``(A) the covered information is favorable to the defendant solely because the covered information would provide a basis to impeach the credibility of a potential witness; and ``(B) the United States establishes a reasonable basis to believe that-- ``(i) the identity of the potential witness is not already known to any defendant; and ``(ii) disclosure of the covered information to a defendant would present a threat to the safety of the potential witness or of any other person. ``(2) Time limit.--The court may delay disclosure of covered information under this subsection until the earlier of-- ``(A) the date that the court determines provides a reasonable amount of time before the date set for trial (which shall be not less than 30 days before the date set for trial, absent a showing by the United States of compelling circumstances); and ``(B) the date on which any requirement under paragraph (1) ceases to exist. ``(3) Motions under seal.--The court may permit the United States to file all or a portion of a motion under this subsection under seal to the extent necessary to protect the identity of a potential witness, but the United States-- ``(A) may not file a motion under this subsection ex parte; and ``(B) shall summarize any undisclosed portion of a motion filed under this subsection for the defendant in sufficient detail to permit the defendant a meaningful opportunity to be heard on the motion, including the need for a protective order or the scope of the requested protective order. ``(f) Waiver.-- ``(1) In general.--A defendant may not waive a provision of this section except in open court. ``(2) Requirements.--The court may not accept the waiver of a provision of this section by a defendant unless the court determines that-- ``(A) the proposed waiver is knowingly, intelligently, and voluntarily offered; and ``(B) the interests of justice require the proposed waiver. ``(g) Noncompliance.-- ``(1) In general.--Before entry of judgment, upon motion of a defendant or by the court sua sponte, if there is reason to believe the attorney for the Government has failed to comply with subsection (b) or subsection (c), the court shall order the United States to show cause why the court should not find the United States is not in compliance with subsection (b) or subsection (c), respectively. ``(2) Findings.--If the court determines under paragraph (1) that the United States is not in compliance with subsection (b) or subsection (c), the court shall-- ``(A) determine the extent of and reason for the noncompliance; and ``(B) enter into the record the findings of the court under subparagraph (A). ``(h) Remedies.-- ``(1) Remedies required.-- ``(A) In general.--If the court determines that the United States has violated the requirement to disclose covered information under subsection (b) or the requirement to disclose covered information in a timely manner under subsection (c), the court shall order an appropriate remedy. ``(B) Types of remedies.--A remedy under this subsection may include-- ``(i) postponement or adjournment of the proceedings; ``(ii) exclusion or limitation of testimony or evidence; ``(iii) ordering a new trial; ``(iv) dismissal with or without prejudice; or ``(v) any other remedy determined appropriate by the court. ``(C) Factors.--In fashioning a remedy under this subsection, the court shall consider the totality of the circumstances, including-- ``(i) the seriousness of the violation; ``(ii) the impact of the violation on the proceeding; ``(iii) whether the violation resulted from innocent error, negligence, recklessness, or knowing conduct; and ``(iv) the effectiveness of alternative remedies to protect the interest of the defendant and of the public in assuring fair prosecutions and proceedings. ``(2) Defendant's costs.-- ``(A) In general.--If the court grants relief under paragraph (1) on a finding that the violation of subsection (b) or subsection (c) was due to negligence, recklessness, or knowing conduct by the United States, the court may order that the defendant, the attorney for the defendant, or, subject to paragraph (D), a qualifying entity recover from the United States the costs and expenses incurred by the defendant, the attorney for the defendant, or the qualifying entity as a result of the violation, including reasonable attorney's fees (without regard to the terms of any fee agreement between the defendant and the attorney for the defendant). ``(B) Qualifying entities.--In this paragraph, the term `qualifying entity' means-- ``(i) a Federal Public Defender Organization; ``(ii) a Community Defender Organization; and ``(iii) a fund established to furnish representation to persons financially unable to obtain adequate representation in accordance with section 3006A. ``(C) Source of payments for costs and expenses.-- Costs and expenses ordered by a court under subparagraph (A)-- ``(i) shall be paid by the Executive agency, as defined in section 105 of title 5, that brings the criminal prosecution on behalf of the United States, from funds appropriated to that Executive agency; and ``(ii) may not be paid from the appropriation under section 1304 of title 31. ``(D) Payments to qualifying entities.--Costs and expenses ordered by the court under subparagraph (A) to a qualifying entity shall be paid-- ``(i) to the Community Defender Organization that provided the appointed attorney; or ``(ii) in the case of a Federal Public Defender Organization or an attorney appointed under section 3006A, to the court for deposit in the applicable appropriations accounts of the Judiciary as a reimbursement to the funds appropriated to carry out section 3006A, to remain available until expended. ``(i) Standard of Review.--In any appellate proceeding initiated by a criminal defendant presenting an issue of fact or law under this section, the reviewing court may not find an error arising from conduct not in compliance with this section to be harmless unless the United States demonstrates beyond a reasonable doubt that the error did not contribute to the verdict obtained.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Table of Sections.--The table of sections for chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3014. Duty to disclose favorable information.''. (b) Demands for Production of Statements and Reports of Witnesses.--Section 3500(a) of title 18, United States Code, is amended by striking ``In'' and inserting ``Except as provided in section 3014, in''.

Fairness in Disclosure of Evidence Act of 2012 - Amends the federal criminal code to require the attorney for the government, in a criminal prosecution, to provide to the defendant any information or evidence that may reasonably appear to be favorable to the defendant regarding the determination of guilt, any preliminary matter before the cour, or the sentence to be imposed (covered information): (1) that is within the possession, custody, or control of the prosecution team; or (2) the existence of which is known, or through due diligence would become known, to that attorney. Directs the government attorney to provide to the defendant any covered information: (1) without delay after arraignment and before the entry of any guilty plea; and (2) as soon as is reasonably practicable upon its becoming known, without regard to whether the defendant has entered or agreed to enter a guilty plea. Authorizes the court, upon motion of the United States which the court may permit to be filed under seal to protect a witness's identity, to issue an order to protect against immediate disclosure if: (1) the covered information is favorable to the defendant solely because it would provide a basis to impeach the credibility of a potential witness, and (2) the United States establishes a reasonable basis to believe that the identity of the potential witness is not already known to any defendant and disclosure would present a threat to anyone's safety. Permits the court, under specified circumstances, to accept a waiver of this Act by a defendant. Prohibits a defendant from waiving a provision of this Act except in open court. Requires the court to order an appropriate remedy upon determining that the United States has violated the requirement to disclose or to disclose in a timely manner and provides for payment of the defendant's costs.

A bill to require the attorney for the Government to disclose favorable information to the defendant in criminal prosecutions brought by the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Eligibility Expansion and Enhancement Act of 2013''. SEC. 2. ENHANCEMENT OF NATURE OF ELIGIBILITY FOR CARE OF CERTAIN VETERANS. Section 1710(a)(3) of title 38, United States Code, is amended by striking ``may, to the extent resources and facilities are available and'' and inserting ``shall,''. SEC. 3. REQUIREMENT FOR ENROLLMENT IN PATIENT ENROLLMENT SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS OF CERTAIN VETERANS ELIGIBLE FOR ENROLLMENT BY LAW BUT NOT CURRENTLY PERMITTED TO ENROLL. (a) Requirement for Enrollment.--Section 1705 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall provide for the enrollment in the patient enrollment system of veterans specified in paragraph (2) by not later than December 31, 2014. ``(2) Veterans specified in this paragraph are as follows: ``(A) Veterans with noncompensable service-connected disabilities rated as zero percent disabling who-- ``(i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Veterans Health Care Eligibility Expansion and Enhancement Act of 2013; and ``(ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031). ``(B) Veterans without service-connected disability who-- ``(i) are not otherwise permitted to enroll in the system as of the date of the enactment of the Veterans Health Care Eligibility Expansion and Enhancement Act of 2013; and ``(ii) as of the date of enrollment under this section, do not have access to health insurance except through a health exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act. ``(3) The Secretary shall determine whether a veteran does not have access to health insurance except through a health exchange for purposes of paragraph (2) using information obtained by the Secretary of Health and Human Services and the Secretary of the Treasury for purposes of determining whether the veteran maintains minimum essential coverage as required by section 5000A of the Internal Revenue Code of 1986 and reported as required by section 6055 of the Internal Revenue Code of 1986. ``(4) A veteran who, after enrolling in the patient enrollment system pursuant to this subsection, obtains access to health insurance other than through a health exchange shall remain enrolled in the patient enrollment system notwithstanding obtaining access to such health insurance. ``(5) A veteran enrolled in the patient enrollment system pursuant to this subsection shall maintain the priority for care of the veteran at the time of enrollment unless and until a change in circumstances of the veteran results in a higher priority for care of the veteran under subsection (a).''. (b) Public Notice of Commencement of Enrollment.--The Secretary of Veterans Affairs shall publish in the Federal Register, and shall make available to the public on an Internet website of the Department of Veterans Affairs, a notice regarding the date on which veterans covered by subsection (d) of section 1705 of title 38, United States Code (as added by subsection (a) of this section), may commence enrollment in the patient enrollment system required by that section. SEC. 4. FURTHER EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF HOSTILITIES AND WAR. Section 1710(e)(3) of title 38, United States Code, is amended-- (1) in subparagraph (A), by striking ``the date that is five years before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, after a period of five years'' and inserting ``January 27, 2003, after a period of 10 years''; and (2) in subparagraph (B), by striking ``more than five years'' and all that follows and inserting ``before January 28, 2003, and who did not enroll in the patient enrollment system under section 1705 of this title before January 28, 2008, after January 27, 2018.''. SEC. 5. RELOCATION AND RESTATEMENT OF LIMITATION ON REQUIREMENTS TO FURNISH CERTAIN CARE AND SERVICES CONTINGENT ON THE AVAILABILITY OF APPROPRIATIONS. (a) Relocation and Restatement.--Section 1707 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) The requirements specified in paragraph (2) shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes. ``(2) The requirements specified in this paragraph are as follows: ``(A) The requirement in paragraphs (1), (2), and (3) of section 1710(a) of this title that the Secretary provide hospital care and medical services. ``(B) The requirement in section 1710A(a) of this title that the Secretary provide nursing home care. ``(C) The requirement in section 1710B of this title that the Secretary provide a program of extended care services. ``(D) The requirement in section 1745 of this title that the Secretary provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes.''. (b) Conforming Repeal of Superseded Limitation.--Section 1710(a) of such title is amended-- (1) by striking paragraph (4); and (2) by redesignating paragraph (5) as paragraph (4). SEC. 6. MODIFICATION OF DETERMINATION OF ELIGIBILITY OF VETERANS FOR TREATMENT AS A LOW-INCOME FAMILY FOR PURPOSES OF ENROLLMENT IN THE PATIENT ENROLLMENT SYSTEM OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Areas of Residence.--The Secretary of Veterans Affairs shall modify the areas in which veterans reside as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(a)(7) of title 38, United States Code, to meet the requirements as follows: (1) Any area so specified shall be within only one State. (2) Any area so specified shall be co-extensive with one or more counties (or similar political subdivisions) in the State concerned. (b) Variable Income Thresholds.--The Secretary shall modify the thresholds for income as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system referred to in subsection (a) to meet the requirements as follows: (1) There shall be one income threshold for each State, equal to the highest income threshold among the counties within such State. (2) The calculation of the highest income threshold of a county shall be consistent with the calculation used for purposes of section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (3) The timing and methodology for implementing any modifications in geographic income thresholds pursuant to paragraph (1) shall be determined by the Secretary in such a manner as to permit the Department to build capacity for enrolling such additional veterans in the patient enrollment system of the Department as become eligible for enrollment as a result of such modifications, except that all required modifications shall be completed not later than five years after date of the enactment of this Act. SEC. 7. CONTRACTING FOR HEALTH CARE. (a) Use of Capitation-Based Resource Allocation in Entry Into Contracts.--In entering into contracts for the furnishing of health care services under the laws administered by the Secretary of Veterans Affairs (including under this Act and the amendments made by this Act), the Secretary shall use the capitation-based resource allocation model of the Department of Veterans Affairs. (b) Priority for Contracts With Certain Entities.--In entering into contracts for the furnishing of health care services under the laws administered by the Secretary, the Secretary shall afford a priority for entry into contracts for Federally Qualified Health Centers (FQHCs) and Community Health Centers (CHCs), whenever appropriate. (c) Best Practices.--The Secretary shall modify the guidance of the Department of Veterans Affairs on contracts for health care services in order to provide for the incorporation into such contracts of standardized requirements for such best practices under such contracts, including the following: (1) Requirements that contracts provide the Department on a regular basis information on scheduling and appearance for appointments for health care on a per-patient basis. (2) Such other best practices requirements as the Secretary considers appropriate.

Veterans Health Care Eligibility Expansion and Enhancement Act of 2013 - Modifies provisions relating to health care services for veterans to: (1) require (currently, authorize) the Secretary of the Veterans Administration (VA) to furnish health care services to veterans who do not qualify under existing VA programs for veterans with a service-connected disability or other impairment; (2) require the enrollment in VA health care programs by December 31, 2014, of veterans who do not have a service-connected disability rating; (3) extend the period of the eligibility of veterans with certain combat service to enroll in VA health care programs; (4) limit requirements for providing hospital care, nursing home care, extended care services, and prescription medications to veterans based upon the amount provided in advance in appropriation Acts; and (5) revise criteria for treating veterans as low-income families based upon location and income factors for purposes of enrollment in VA health care programs. Directs the VA Secretary to: (1) use the VA capitation-based resource allocation model (provides for the allocation of health care services based on factors such as population, patient age and sex, and financial need) in entering into contracts for furnishing health care services; (2) afford priority for entry into contracts for Federally Qualified Health Centers and Community Health Centers; and (3) modify guidance for VA health care services contracts to incorporate best practices in such contracts.

Veterans Health Care Eligibility Expansion and Enhancement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America's Wolves Act''. SEC. 2. FINDINGS AND PURPOSE. The Congress finds the following: (1) Throughout history, wolves have been misunderstood and feared. Wolves have been subjected to widespread persecution and targeted by large scale predator eradication programs sponsored by private, State, and Federal entities. The Endangered Species Act of 1973 finally protected wolves as endangered species, but by that time wolves had been almost completely exterminated from the lower 48 States, except for a few hundred wolves that inhabited extreme northeastern Minnesota. (2) The subspecies commonly known as the Eastern Timber Wolf (Canis lupus lycaon) once had an extensive range covering most of the Eastern United States, including the Catskill Mountains of New York. (3) Reintroduction of the Eastern Timber Wolf into the State of New York would serve the public interest, by-- (A) helping to ensure the survival of that subspecies; (B) enhancing the biological diversity of the ecosystems of the State of New York and bringing them into a more natural balance; (C) beginning to redress some of the mistakes of the past, such as the Government-sponsored extermination of the Eastern Timber Wolf; and (D) enhancing our understanding of wolves and of the environment. (4) The public debate surrounding wolf reintroduction in the Northeastern United States would foster a deeper understanding within the general public about the complex interactions among species in their natural environments. SEC. 3. EASTERN TIMBER WOLF REINTRODUCTION. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior shall prepare and publish a recovery plan for the Eastern Timber Wolf in the Northeastern United States under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), including a plan for releasing Eastern Timber Wolves in the Catskill Mountain area of New York under section 10(j) of that Act (16 U.S.C. 1539(j)). (b) Plan Contents.--The Plan shall include the following: (1) Goals for the biological recovery of the Eastern Timber Wolf, including wolf population goals that must be achieved as a condition for removing that subspecies from lists under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). (2) A process and method for obtaining Eastern Timber Wolves from Canada for release under the plan. (3) An outline of how releases under the Plan will proceed, including proposals for cooperative agreements that may be pursued with State and local government agencies to facilitate those releases. (4) A determination of the number of Eastern Timber Wolves that should be released under the Plan to ensure a self- sustaining population of that species in the Catskill Mountain area of New York. (5) A process for compensating New York residents for depredation of livestock by Eastern Timber Wolves, including-- (A) an estimate of the number and value of livestock in New York expected to be lost to depredation by that species; (B) criteria for determining in individual cases whether livestock depredation by that species has actually occurred; (C) procedures for providing compensation; (D) establishment of a separate account for the receipt and disbursement of donations of money for use to pay compensation, that shall be known as the ``Protecting Eastern Timber Wolf Restoration Mitigation Fund''; and (E) an estimate of the amount of money that would be needed in that account to ensure in perpetuity the availability of amounts for paying such compensation. (6) A study of-- (A) the feasibility of releasing Eastern Timber Wolves in other parts of New York; and (B) the feasibility of reducing road densities in certain areas of New York to provide for wolf dispersal corridors. (c) Acceptance and Use of Donations.-- (1) In general.--The Secretary may accept and use donations of funds for compensating New York residents for depredation of livestock by Eastern Timber Wolves under the Plan. (2) Deposit into pet wolf fund.--Amounts received as donations under this subsection-- (A) shall be deposited into the PET Wolf Fund; and (B) shall be available, subject to appropriations, for paying compensation in accordance with the Plan. SEC. 4. EASTERN TIMBER WOLF RELEASES. (a) In General.--The Secretary shall, in accordance with the Plan, begin releasing Eastern Timber Wolves on land in the Catskill Mountain area of New York acquired under section 5 by the latest of-- (1) the date that is 3 years after the date of the enactment of this Act; (2) the date on which the Secretary has obtained Eastern Timber Wolves for release; or (3) the date on which the Secretary has obtained land under section 5 for that release. (b) Acquisition of Animals for Release.--The Secretary shall seek to acquire Eastern Timber Wolves for release under the Plan by not later than the date referred to in subsection (a)(1). (c) Status of Released Wolves.--Section 10(j)(2)(C) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j)(2)(C)) shall not apply to any population of Eastern Timber Wolves released under this section. SEC. 5. LAND ACQUISITION. (a) In General.--Subject to the availability of appropriations, the Secretary, through the Bureau of Land Management, may acquire land and interests in land within the Catskill Mountain area of New York for use as sites for releases of Eastern Timber Wolves under this Act. (b) Management.--Lands and interests acquired under this section shall be under the administrative jurisdiction of the Bureau of Land Management. SEC. 6. DESIGNATION OF CRITICAL HABITAT. Not later than 6 months after the date of the first release of Eastern Timber Wolves under this Act, the Secretary shall designate areas in New York that as critical habitat of the Eastern Timber Wolf for purposes of the Endangered Species Act of 1973. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``Eastern Timber Wolf'' means members of the subspecies Canis lupus lycaon, as described by Ronald M. Nowak in the article ``Another Look at Wolf Taxonomy'' in the journal Ecology and Conservation in a Changing World (Canadian and Circumpolar Institute, Occasional Publications; no. 35, pages 375-398). (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Plan'' means the recovery plan for the Eastern Timber Wolf prepared by the Secretary under section 3. (4) The term ``PET Wolf Fund'' means the separate account known as the Protecting Eastern Timber Wolf Restoration Mitigation Fund, established by the Secretary under the Plan.

Requires that such Plan include: (1) goals for biological recovery of such wolf; (2) a process and method for obtaining such wolves from Canada; (3) an outline of how releases will proceed; (4) a determination of the number of such wolves that should be released to ensure a self-sustaining population; (5) a process for compensating New York residents for depredation of livestock by such wolves, including establishment of the Protecting Eastern Timber Wolf Restoration Mitigation Fund; and (6) a study of the feasibility of releasing such wolves in other parts of New York and of reducing road densities in certain areas of New York to provide for wolf dispersal corridors. Prohibits applying the exception under the Endangered Species Act of 1973 with respect to experimental populations to any population of such wolves released under this Act. Authorizes the Secretary to acquire land for sites for releases of such wolves. Requires the Secretary to begin releasing such wolves on such land by the latest of: (1) the date that is three years after this Act's enactment date; (2) the date on which the Secretary has obtained such wolves; or (3) the date on which the Secretary has obtained such land for that release. Directs the Secretary to designate areas in New York as critical habitat of such wolf for purposes of such Act.

Protecting America's Wolves Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Financing Act Reform Amendment''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Indian Financing Act of 1974 (Public Law 93-262; 88 Stat. 77 et seq.) was intended to provide Native American borrowers with access to commercial capital sources which otherwise would not be available through loans guaranteed or insured by the Secretary of the Interior. (2) Although the Secretary has made loan guarantees and insurance available, their use by lenders to benefit Native American business borrowers has been limited. (3) 27 years after the date of the enactment of the Indian Financing Act of 1974, the promotion and development of Native American-owned business remains an essential foundation for growth of economic and social stability of Native Americans. (4) Commercial lenders' use of the available loan insurance and guarantees may be limited by liquidity and other capital market-driven concerns. (5) It is in the best interest of the Secretary's insured and guaranteed loan program to encourage the orderly development and expansion of a secondary market, for loans guaranteed or insured by the Secretary of the Interior, and expand the number of lenders originating loans under the Indian Financing Act of 1974. (b) Purpose.--It is the purpose of this Act to reform and clarify the Indian Financing Act of 1974 in order to-- (1) stimulate the use by lenders of secondary market investors for loans guaranteed or insured by the Secretary; (2) preserve the authority of the Secretary to administer the program and regulate lenders; (3) clarify that a good faith investor in loans insured or guaranteed by the Secretary will receive appropriate payments; (4) provide for the appointment by the Secretary of a qualified fiscal transfer agent which will establish and administer a system for the orderly transfer of such loans; (5) authorize the Secretary to develop regulations to encourage and expand a secondary market program for loans guaranteed or insured by the Secretary and to allow the pooling of such loans as the secondary market develops; and (6) authorize the Secretary to establish a schedule for assessing lenders and investors for the necessary costs of the fiscal transfer agent and system. SEC. 3. AMENDMENT OF THE INDIAN FINANCING ACT. (a) Limitation on Loan Amounts Without Prior Approval.--Section 204 of the Indian Financing Act of 1974 (25 U.S.C. 1484) is amended by striking ``$100,000'' and inserting ``$250,000''. (b) Sale or Assignment of Loans and Underlying Security.--Section 205 of such Act (25 U.S.C. 1485) is amended-- (1) by inserting ``(a)'' before ``Any loan''; (2) by inserting ``insured or'' before ``guaranteed''; and (3) by adding at the end the following new subsections: ``(b)(1) The lender of a loan insured or guaranteed under this title may transfer to any individual or legal entity all of the lender's rights and obligations in such loan or in the unguaranteed or uninsured portion thereof, and the security given therefor. Such transfer shall be consistent with such regulations as the Secretary shall establish, and the lender shall give notice of such transfer to the Secretary or the Secretary's designee. ``(2) Upon any transfer permitted by this subsection, the transferee shall be deemed to be the lender under this title, shall become the secured party of record, and shall be responsible for performing the duties of the lender and for serving the loan in accordance with the terms of the Secretary's guarantee thereof. ``(c)(1) The lender of a loan insured or guaranteed under this title, and any subsequent transferee of all or part of the insured or guaranteed portion of such loan, may transfer to any individual or legal entity all or part of the insured or guaranteed portion of such loan and the security therefor. Such transfer shall be consistent with such regulations as the Secretary shall establish, and the transferor shall give notice of such transfer to the Secretary or the Secretary's designee. The Secretary or the Secretary's designee shall issue to the transferee the Secretary's acknowledgement of the transfer and of the transferee's interest in the guaranteed or insured portion of the loan. ``(2) Notwithstanding any transfer permitted by this subsection, the lender shall-- ``(A) remain obligated on its guarantee agreement or insurance agreement with the Secretary; ``(B) continue to be responsible for servicing the loan in a manner consistent with such guarantee agreement or insurance agreement; and ``(C) remain the secured creditor of record. ``(d) The full faith and credit of the United States is pledged to the payment of all loan guarantees and loan insurance made under this title after the date of the enactment of this subsection. The validity of a guarantee of, or insurance of, a loan shall be incontestable in the hands of a transferee of the guaranteed or insurance obligations whose interest in a guaranteed loan or insurance has been acknowledged by the Secretary, or by the Secretary's designee, except if the transferee has actual knowledge of fraud or misrepresentation, or participates in or condones fraud or misrepresentation in connection with the loan. ``(e) Notwithstanding section 3302 of title 31, United States Code (commonly known as the `Miscellaneous Receipts Act'), the Secretary may recover from the lender any damages suffered by the Secretary as a result of a material breach of the lender's obligations under the Secretary's guarantee or insurance of the loan. ``(f) The Secretary may collect a fee for any loan or guaranteed or insured portion thereof transferred in accordance with subsection (g). ``(g) Not later than 180 days after the date of the enactment of this subsection, the Secretary shall develop such procedures and shall adopt such regulations as are necessary for the facilitation, administration, and promotion of transfers of loans and guaranteed and insured portions thereof under this section. ``(h) Upon adoption of final regulations, the Secretary shall provide for a central registration of all guaranteed or insured loans transferred pursuant to this section and shall contract with a fiscal transfer agent to act as the Secretary's designee and to carry out on behalf of the Secretary the central registration and paying agent functions and issuance of the Secretary's acknowledgement required by subsection (b). ``(i) Nothing in this title prohibits the pooling of whole loans or interests in loans transferred under this section. The Secretary may issue regulations to effect orderly and efficient pooling procedures.''.

Indian Financing Act Reform Amendment - Amends the Indian Financing Act of 1974 to increase from $100,000 to $250,000 the amount of Bureau of Indian Affairs (BIA) insured loans a lender can offer to a borrower.Permits the transfer (currently sale or assign only) of insured or guaranteed loans made under such Act. Requires that the Secretary of the Interior be notified of such transfers.Continues the lender's obligation on the guarantee or insurance agreement, responsibility for servicing, and status as the secured creditor of record notwithstanding any transfer.Pledges the full faith and credit of the United States behind loan guarantees and loan insurance made under this Act.Authorizes the Secretary to recover damages from a lender for material breach of obligations under a guaranteed or insured loan.

To amend the Indian Financing Act of 1974 to improve the effectiveness of the Indian loan guarantee and insurance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sandpoint Land and Facilities Conveyance Act of 2003''. SEC. 2. CONVEYANCE OF SANDPOINT FEDERAL BUILDING AND ADJACENT LAND, SANDPOINT, IDAHO. (a) Transfer of Administrative Jurisdiction.--Not later than 30 days after the date of the enactment of this Act, the Administrator of General Services shall transfer to the Secretary of Agriculture, without reimbursement, administrative jurisdiction over the Sandpoint Federal Building and approximately 3.17 acres of land in Sandpoint, Idaho, as depicted on the map entitled ``Sandpoint Federal Building,'' dated September 12, 2002. (b) Assumption and Repayment of Debt.--As of the date on which administrative jurisdiction of the property is transferred under subsection (a), the Secretary shall assume the obligation of the Administrator of General Services to repay to the Federal Finance Bank the debt incurred with respect to the transferred property. The Secretary may repay the debt using-- (1) the proceeds of the conveyance of the property under this section; (2) amounts appropriated to the Forest Service for the rental, upkeep, and maintenance of facilities; and (3) any other unobligated appropriated amounts available to the Secretary. (c) Conveyance of Property.-- (1) Conveyance authorized.--The Secretary may convey, by quitclaim deed, all right, title, and interest of the United States in and to the property transferred to the Secretary under subsection (a). The conveyance shall be made by sale or by exchange. (2) Map.--Until the date on which the property is conveyed under this section, the map referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor, Idaho Panhandle National Forest, Coeur d'Alene, Idaho. (3) Solicitations of offers.--The Secretary may solicit offers for the conveyance of the property under this section on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (d) Consideration.-- (1) In general.--If the property is to be conveyed under subsection (c) by sale, the recipient of the property shall pay to the Secretary an amount equal to the fair market value of the conveyed property, as determined under subsection (e). At the election of the Secretary, the consideration may be in the form of cash or other consideration, including the construction of administrative facilities for the National Forest System in Bonner County, Idaho. (2) Conditions on exchange.--If the property is to be conveyed under subsection (c) in exchange for the construction of administrative facilities-- (A) the construction of the administrative facilities shall be subject to any terms or conditions that the Secretary may prescribe by contract, including final building design and costs; and (B) the conveyance of the property shall be subject to-- (i) the completion of the administrative facilities in a manner satisfactory to the Secretary; (ii) the condition that the exchange be an equal value exchange, or if the value of the property and the administrative facilities are not equal, as determined under paragraph (3), that the values be equalized in accordance with paragraph (4); and (iii) any requirements of the Secretary that the entity acquiring the property assume any outstanding indebtedness on the property to the Federal Finance Bank. (3) Valuation.--The value of the property to be conveyed under subsection (c), and the value of any administrative facilities in exchange for the property, shall be determined by an appraisal that-- (A) is acceptable to the Secretary; and (B) conforms with the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Equalization of values.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of the property conveyed under subsection (c). (e) Deposit and Use of Proceeds.-- (1) Deposit.--The Secretary shall deposit the proceeds derived from the conveyence of the property under this section in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). (2) Use.--Amounts deposited under this subsection shall be available to the Secretary, without further appropriation and until expended, for-- (A) the acquisition, construction, or improvement of administrative facilities and associated land in the Northern Region of the Forest Service in the State of Idaho; and (B) the acquisition of land and interests in land for addition to the National Forest System in the Northern Region of the Forest Service in the State of Idaho. (3) Limitations.--Funds deposited under this subsection shall not-- (A) be paid or distributed to States or counties under any provision of law; or (B) be considered to be moneys received from units of the National Forest System for purposes of-- (i) the sixth paragraph under the heading ``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500); (ii) section 13 of the Act of March 1, 1911 (commonly known as the ``Weeks Law''; 16 U.S.C. 500); or (iii) the fourteenth paragraph under the heading ``Forest Service'' in the Act of March 4, 1913 (16 U.S.C. 501). (f) Management of Acquired Law.--Subject to valid existing rights, the Secretary shall manage any land acquired under this section in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Act''; 16 U.S.C. 480 et seq.) and other laws relating to the National Forest System. (g) Applicable Law.--Except as otherwise provided in this section, the conveyance of property under this section shall be subject to the laws applicable to the conveyance of National Forest System land. Part 1955 of title 7, Code of Federal Regulations, shall not apply to any action carried out under this section.

Sandpoint Land and Facilities Act of 2003 - Directs the Administrator of General Services to transfer to the Secretary of Agriculture jurisdiction over certain land in Sandpoint, Idaho (the property), with the Secretary assuming the obligation of the Administrator to repay to the Federal Finance Bank the debt incurred with respect to the property.Permits the Secretary to exchange all right, title, and interest of the United States in and to the property in an exchange of equal value, in which the recipient of the property may agree to construct administrative facilities for the National Forest System in Bonner County, Idaho. Requires a recipient to honor any outstanding indebtedness on the property to the Federal Finance Bank.Directs the Secretary to use proceeds from the sale of the property for: (1) the acquisition, construction, or improvement of administrative facilities and associated land in the Northern Region of the Forest Service in Idaho; and (2) the acquisition of land and interests in land for addition to National Forest System land in such region. Forbids any proceeds from being distributed to States or counties or from being considered moneys received from units of the National Forest System under specified laws.Requires the Secretary to manage any land acquired under this Act in accordance with the Weeks Act.

To provide for the conveyance by the Secretary of Agriculture of the Sandpoint Federal Building and adjacent land in Sandpoint, Idaho, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gambling Impact Study Commission Act''. SEC. 2. FINDINGS. Congress finds that: (1) Many State and local governments and Native American tribal governments support development of a gambling industry as a source of jobs and additional revenue. (2) The benefits to residents and communities of revenue generated by gambling bring problems as well as benefits. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Gambling Impact Study Commission (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 9 members of whom-- (A) 3 shall be appointed by the President; (B) 3 shall be appointed by the President pro tempore of the Senate, upon the recommendation of the majority and minority leaders of the Senate; and (C) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting as directed by the President. (e) Meetings.--After the initial meeting, the Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough study of all matters relating to the impact of gambling on States, political subdivisions of States, and Native American tribes. (2) Matters studied.--The matters studied by the Commission shall include-- (A) the impact of gambling on States, political subdivisions of States, and Native American tribes; and (B) possible alternative sources of revenue for States, political subdivisions of States, and Native American Indian tribes. (b) Report.--No later than 18 months after the date of the enactment of this Act, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The executive director shall be compensated at $75,000 annually. The Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $250,000 to the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Gambling Impact Study Commission Act - Establishes the Gambling Impact Study Commission to study all matters relating to the impact of gambling on States, political subdivisions of States, and Native American tribes for a report to the Congress and the President. Authorizes appropriations.

Gambling Impact Study Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy, Fuel Reduction, and Economic Stabilization and EnHancement Act of 2007'' or the ``REFRESH Act''. TITLE I--RENEWABLE ENERGY INCENTIVES SEC. 101. GEOTHERMAL POWER. (a) In General.--The Secretary of Energy, acting through the Office of Energy Efficiency and Renewable Energy (referred to in this title as the ``Secretary''), shall make grants to eligible entities (as determined by the Secretary) to promote geothermal power development, including high- and low-temperature geothermal power development. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000. SEC. 102. OCEAN ENERGY. (a) In General.--The Secretary shall make grants to eligible entities (as determined by the Secretary) to develop all forms of ocean energy (including wave, current, tidal, and thermal energy). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000. SEC. 103. PLUG-IN HYBRID ELECTRIC-COMBUSTION ENGINE VEHICLES. (a) In General.--The Secretary shall make grants to eligible entities (as determined by the Secretary) to assist in the development of new technology (including storage batteries or other forms of technology) to assist automobile manufactures in the production of plug-in hybrid electric-combustion engine vehicles. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000. TITLE II--FUEL EFFICIENCY STANDARDS SEC. 201. TRUTH IN TESTING OF CAFE STANDARDS. (a) Testing and Calculation Procedures.-- (1) In general.--Section 32904(c) of title 49, United States Code, is amended by striking ``However, except under section 32908 of this title, the Administrator shall use the same procedures for passenger automobiles the Administrator used for model year 1975 (weighted 55 percent urban cycle and 45 percent highway cycle),'' and insert ``In measuring fuel economy under this subsection, the Administrator shall use the procedures described in the final rule relating to fuel economy labeling published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; to be codified at 40 C.F.R. parts 86 and 600)''. (2) Effective date.--Paragraph (1) shall take effect on the date that is 5 years after the date of the enactment of this Act and shall apply to passenger automobiles manufactured after such date. (b) Study and Report.-- (1) Study.--The Administrator of the National Highway Traffic Safety Administration shall conduct a study of the anticipated economic impacts and fuel saving benefits that would result from a requirement that all vehicles manufactured for sale in the United States with a gross vehicle weight of not less than 10,000 pounds meet specific average fuel economy standards. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report to Congress that includes-- (A) the results of the study conducted under paragraph (1); and (B) a recommendation on whether the vehicles described in paragraph (1) should be subject to average fuel economy standards. SEC. 202. TIRE RESISTANCE STANDARDS. Section 30123 of title 49, United States Code, is amended by adding at the end the following: ``(d) Low Rolling Resistance Tires.--Not later than 5 years after the date of the enactment of this subsection, all passenger automobile tires sold in the United States shall meet the low rolling resistance standards prescribed by the Administrator of the National Highway Traffic Safety Administration.''. SEC. 203. TRAFFIC REDUCTION GRANTS. (a) In General.--The Secretary of Transportation may award grants to States to develop telecommuting and flexible work scheduling incentives that will reduce traffic congestion in urban areas. (b) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for fiscal year 2008 to carry out the grant program established under this section. Any sums appropriated pursuant to this subsection shall remain available until expended. TITLE III--TAX CREDITS SEC. 301. EXPANSION OF CREDIT FOR PRODUCTION OF ENERGY FROM CERTAIN RENEWABLE RESOURCES. (a) Expansion of Resources to Wave, Current, Tidal, and Ocean Thermal Energy.-- (1) In general.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) wave, current, tidal, and ocean thermal energy.'' (2) Definition of resources.--Section 45(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Wave, current, tidal, and ocean thermal energy.--The term `wave, current, tidal, and ocean thermal energy' means electricity produced from any of the following: ``(A) Free flowing ocean water derived from tidal currents, ocean currents, waves, or estuary currents. ``(B) Ocean thermal energy. ``(C) Free flowing water in rivers, lakes, man made channels, or streams.'' (3) Facilities.--Section 45(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Wave, current, tidal, and ocean thermal facility.-- In the case of a facility using resources described in clause (i), (ii), or (iii) of subsection (c)(10)(A) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2009, but such term shall not include a facility which includes impoundment structures or a small irrigation power facility.'' (b) Expansion of Small Irrigation Power.--Paragraph (5) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Small irrigation power.--The term `small irrigation power' means power-- ``(A) generated without any dam or impoundment of water through-- ``(i) through an irrigation system canal or ditch, or ``(ii) utilizing lake taps, perched alpine lakes, or run-of-river with diversion, and ``(B) the nameplate capacity rating of which is less than 15 megawatts.''. (c) Effective Date.--The amendments made by this section shall apply to electricity produced in taxable years ending after the date of the enactment of this Act. SEC. 302. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT FOR PLUG-IN HYBRIDS. (a) Extension.-- (1) New qualified hybrid passenger automobiles and light trucks.--Paragraph (2) of section 30B(j) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2012, in the case of a new qualified hybrid motor vehicle which is recharged by means of an off board device)'' after ``December 31, 2010''. (2) Other qualified hybrid motor vehicles.--Paragraph (3) of section 30B(j) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2012, in the case of a new qualified hybrid motor vehicle which is recharged by means of an off board device)'' after ``December 31, 2009''. (b) Elimination of Limitation on Number of New Qualified Hybrid and Advanced Lean Burn Technology Vehicles Eligible for Full Alternative Motor Vehicle Tax Credit.-- (1) In general.--Section 30B of the Internal Revenue Code of 1986 is amended-- (A) by striking subsection (f); and (B) by redesignating subsections (g) through (j), as amended by subsection (a), as subsections (f) through (i), respectively. (2) Conforming amendments.-- (A) Paragraphs (4) and (6) of section 30B(g) of such Code, as redesignated by paragraph (1)(B), are each amended by striking ``(determined without regard to subsection (g))'' and inserting ``(determined without regard to subsection (f))''. (B) Section 38(b)(25) of such Code is amended by striking ``section 30B(g)(1)'' and inserting ``section 30B(f)(1)''. (C) Section 55(c)(2) of such Code is amended by striking ``section 30B(g)(2)'' and inserting ``section 30B(f)(2)''. (D) Section 1016(a)(36) of such Code is amended by striking ``section 30B(h)(4)'' and inserting ``section 30B(g)(4)''. (E) Section 6501(m) of such Code is amended by striking ``section 30B(h)(9)'' and inserting ``section 30B(g)(9)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.

Renewable Energy, Fuel Reduction, and Economic Stabilization and Enhancement Act of 2007 or REFRESH Act - Directs the Secretary of Energy to make grants to: (1) promote geothermal power development; (2) develop all forms of ocean energy; and (3) assist in the development of new technology for the production of plug-in hybrid electric-combustion engine vehicles. Directs the Administrator of the Environmental Protection Agency (EPA), in calculating average fuel economy, to use the procedures described in the final rule relating to fuel economy labeling published in the Federal Register on December 27, 2006. Requires the Administrator of the National Highway Traffic Safety Administration (NHTSA) to study anticipated economic impacts and fuel savings from a requirement that all vehicles manufactured in the United States with a gross vehicle weight of not less than 10,000 pounds meet specific average fuel economy standards. Requires all passenger automobile tires sold in the United States to meet low rolling resistance standards prescribed by the NHTSA Administrator. Authorizes the Secretary to award grants to states to develop telecommuting and flexible work scheduling incentives to reduce traffic congestion in urban areas. Amends the Internal Revenue Code to: (1) include wave, current, tidal, and ocean thermal resources as qualified energy resources under the renewable energy tax credit; (2) extend through 2012 the qualified hybrid motor vehicle credit for plug-in hybrids; and (3) eliminate the limit on new qualified hybrid and advanced lean burn technology vehicles eligible for the full alternative motor vehicle tax credit.

A bill to provide incentives for renewable energy production, to increase fuel economy standards for automobiles, and to provide tax incentives for renewable energy production.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Access to Disaster Relief and Preparedness Services Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Effective communication is essential to meaningful access to disaster relief related services. (2) Research establishes that the lack of language services and culturally competent services creates barriers, and diminishes the quality of access, to public services for individuals with limited English proficiency. (3) Communities from across the country have reported language difficulties and inadequate funding of language services and culturally competent services to be major barriers to the access of individuals with limited English proficiency to public services and disaster relief related services in the areas of health care, mental health, housing assistance, and small business. (4) The number of non-English speaking residents in the United States continues to increase. (5) 47,000,000 people, 18 percent of the United States population, speak a language other than English at home; and 21,000,000 people, 8 percent of the United States population, speak English less than very well and, therefore, cannot effectively communicate with health and social service and disaster relief providers. (6) At least 19,641 individuals within the Hurricane Katrina and Rita disaster areas spoke English less than very well. (7) 12,649 individuals within the Hurricane Katrina and Rita disaster areas who spoke Asian and Pacific Islander languages spoke English less than very well. (8) According to the Census, approximately 30,000 Vietnamese-Americans lived in the Gulf Coast region devastated by Hurricane Katrina and Rita with an estimated 15,000 Vietnamese-Americans who evacuated to Houston, Texas. (9) According to the 2004 Census, 67,000 Asian Americans and Pacific Islanders have been affected by the Hurricane Rita and Katrina disasters. (10) Congress has identified discrimination as a problem to be addressed in disaster assistance since Hurricane Camille struck in 1969. The Disaster Relief Act of 1970 (84 Stat. 1730) included a nondiscrimination section. Despite such past actions, discrimination in disaster assistance remains a problem and should be addressed. (11) The prohibition on discrimination on the basis of national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) has long been interpreted to forbid discrimination on the basis of language. (12) In order to avoid discrimination against individuals with limited English proficiency on the basis of national origin, providers of disaster relief related services should take adequate steps to ensure that such individuals receive the language services necessary to afford meaningful access to such services, free of charge. (13) The responsibility to fund language services in the provision of disaster relief related services to individuals with limited English proficiency is a societal one that cannot fairly be visited upon any one segment of the disaster relief, health care, public health, public safety, or social services community. (14) Linguistic and cultural diversity in the disaster relief related services workforce is important for providing all communities, including communities of individuals with limited English proficiency, the environment most conducive to equitable, efficient, and meaningful access to disaster relief related services. (15) All members of the disaster relief related services community should continue to educate their staff and constituents about limited English proficient issues and help them identify resources to improve access to quality public services and assistance for individuals with limited English proficiency. (b) Purposes.--The purposes of this Act are to assist providers of disaster relief related services-- (1) to improve, through effective communication, the quality of disaster relief related services for individuals with limited English proficiency; and (2) to meet their obligation and responsibility to ensure equal access to such services for such individuals. SEC. 3. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO ENGLISH PROFICIENCY. (a) In General.--Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151) is amended-- (1) in subsection (a) by inserting ``English proficiency,'' after ``age,''; and (2) by adding at the end the following: ``(c) Responsibility of President.--In carrying out this section, the President shall-- ``(1) ensure that all Federal entities that provide assistance under this Act maintain, on a continuing and updated basis, the capability to administer competent interpreter and translation services; ``(2) communicate with State and local governments for the purpose of identifying individuals with limited English proficiency and including such individuals in disaster preparedness planning and direct all Federal agencies to provide to appropriate population segments, in a timely manner, translated notices and documents to implement disaster relief assistance under this Act; ``(3) ensure that the information in such translated notices and documents is provided to private organizations, neighborhood associations, houses of worship, and other organizations that could assist with the distribution of the translated information to affected and appropriate population segments; ``(4) ensure that the information in such translated notices and documents reflects the information provided by the President through the following types of media: ``(A) emergency notifications, public broadcasts, electronic roadside signs, flyers, brochures, applications, and letters containing important information regarding assistance authorized to be provided by the President under this Act; ``(B) notices pertaining to the reduction, denial, or termination of services or benefits under this Act; ``(C) notices of the right to appeal actions referred to in subparagraph (B); and ``(D) notices for limited English proficient individuals of the availability of free language services and other outreach materials; ``(5) have available for activation a cadre of disaster relief and emergency assistance employees sufficient to provide services under paragraph (2); ``(6) develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing disaster and emergency related services; and ``(7) report to Congress on the treatment of individuals with limited English proficiency during the Hurricane Katrina disaster and on the feasibility of establishing and operating a toll-free number by which such individuals will be able to obtain information in their primary language regarding federally funded disaster services and the availability public disaster benefits.''. (b) Technical Assistance for Development of Plans and Programs.-- Section 201(b) of such Act (42 U.S.C. 5131(b)) is amended by inserting ``with and without English proficiency'' after ``to individuals''. SEC. 4. EMERGENCY PREPAREDNESS DEMONSTRATION. (a) In General.--Beginning not later than the 180th day following the date on which funds are appropriated to carry out this section, the Director of the Federal Emergency Management Agency shall conduct an emergency preparedness demonstration program to study the needs of individuals and households with limited English proficiency for use in the design and development of community and family preparedness programs and to develop initiatives based on the results of the study to improve disaster awareness and readiness in communities that have individuals with limited English proficiency. (b) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000 to carry out this section.

Equitable Access to Disaster Relief and Preparedness Services Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require regulations issued for the guidance of personnel providing federal assistance at major disaster sites to include provisions ensuring that relief activities be accomplished without discrimination based on English proficiency. Directs the President to: (1) ensure that all federal entities that provide assistance maintain the capability to administer competent interpreter and translation services; (2) communicate with state and local governments to identify individuals with limited English proficiency and include them in disaster preparedness planning; (3) have available for activation a sufficient cadre of emergency assistance employees; (4) develop and maintain an informational clearinghouse of model language assistance programs and best practices; and (5) report to Congress on the treatment of individuals with limited English proficiency during Hurricane Katrina and on the feasibility of operating a toll-free number by which such individuals can obtain information in their primary language regarding federally funded disaster services and benefits. Includes within the technical assistance the President is required to provide to states assistance to individuals with and without English proficiency following disasters. Requires the Director of the Federal Emergency Management Agency (FEMA) to: (1) conduct an emergency preparedness demonstration program to study the needs of individuals and households with limited English proficiency for use in the design and development of community and family preparedness programs; and (2) develop initiatives to improve disaster awareness and readiness in communities that have individuals with limited English proficiency.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve the provision of disaster relief and preparedness services with respect to persons with limited English proficiency, and for other purposes.

SECTION 1. MODIFICATIONS TO IRA DEDUCTION. (a) Increase in Maximum Amount of Deduction.--Subparagraph (A) of section 219(b)(1) of the Internal Revenue Code of 1986 (relating to maximum amount of deduction) is amended by striking ``$2,000'' and inserting ``$2,500''. (b) Increase in Income Phaseout Levels.--Subparagraph (B) of section 219(g)(3) of such Code is amended-- (1) by striking ``$40,000'' and inserting ``$100,000'', and (2) by striking ``$25,000'' and inserting ``$50,000''. (c) IRA Deduction Allowed to Nonemployed Spouses.--Subsection (c) of section 219 of such Code is amended to read as follows: ``(c) Special Rules for Certain Married Individuals.-- ``(1) In general.--In the case of an individual to whom this paragraph applies for the taxable year, the limitation of paragraph (1) of subsection (b) shall be equal to the lesser of-- ``(A) $2,500, or ``(B) the sum of-- ``(i) the compensation includible in such individual's gross income for the taxable year, plus ``(ii) the compensation includible in the gross income of such individual's spouse for the taxable year reduced by the amount allowable as a deduction under subsection (a) to such spouse for such taxable year. ``(2) Individuals to whom paragraph (1) applies.--Paragraph (1) shall apply to any individual if-- ``(A) such individual files a joint return for the taxable year, and ``(B) the amount of compensation (if any) includible in such individual's gross income for the taxable year is less than the compensation includible in the gross income of such individual's spouse for the taxable year.'' (d) Inflation Adjustments.--Subsection (f) of section 219 of such Code is amended by adding at the end thereof the following new paragraph: ``(8) Inflation adjustments.--In the case of a taxable year beginning in a calendar year after 1994, each dollar amount set forth in subsections (b)(1)(A), (c)(1)(A), and (g)(3)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1993' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.'' (e) Conforming Amendments.-- (1) Subsections (a)(1) and (b) of section 408(a) of such Code are each amended by striking ``$2,000'' and inserting ``the dollar limitation in effect under section 219(b)(1)(A)''. (2) Subparagraph (A) of section 408(d)(5) of such Code is amended by striking ``$2,250'' and inserting ``the dollar limitation in effect under section 219(b)(1)(A)''. (3) Subsection (j) of section 408 of such Code is amended by striking ``the $2,000 amounts contained'' and inserting ``the dollar limitations referred to''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 2. REPAYABLE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR EDUCATIONAL EXPENSES AND FIRST-TIME HOMEBUYERS. (a) General Rule.--Section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Repayable Distributions From Individual Retirement Accounts for Educational Expenses and First-Time Homebuyers.-- ``(1) In general.--Notwithstanding any other provision of this section, gross income shall not include any qualified distribution. ``(2) Repayment requirement.-- ``(A) Addition to tax.--If the required recontributions made by the taxpayer during the repayment period are less than the total required repayment, the tax imposed by this chapter for the last taxable year in the repayment period shall be increased by the amount determined under subparagraph (B). ``(B) Determination of amount.--The amount determined under this subparagraph shall be an amount which bears the same ratio to the adjusted tax amount as-- ``(i) the required recontributions during the repayment period, bear to ``(ii) the total required repayment. ``(C) Total required repayment.--For purposes of this paragraph, the term `total required repayment' means the sum of-- ``(i) the qualified distribution, plus ``(ii) interest on the non-recontributed balance of such distribution for the repayment period computed at the prime rate and compounded annually. ``(D) Repayment period.--For purposes of this paragraph, the term `repayment period' means, with respect to any qualified distribution, the taxable year in which such distribution is received and the 15 succeeding taxable years (10 succeeding taxable years in the case of a qualified distribution described in paragraph (3)(B)). ``(E) Adjusted tax amount.--For purposes of this paragraph, the term `adjusted tax amount' means, with respect to any qualified distribution, the sum of-- ``(i) the aggregate reduction in the tax imposed by this chapter for the taxable year in which such distribution is received by reason of the exclusion under paragraph (1), and ``(ii) interest on the amount of such reduction for the repayment period computed at the prime rate and compounded annually. ``(F) Prime rate.--For purposes of this paragraph, the term `prime rate' means the average predominant prime rate quoted by commercial banks to large business, as determined by the Board of Governors of the Federal Reserve System. ``(3) Qualified distribution.--For purposes of this paragraph, the term `qualified distribution' means any distributions to an individual from an individual retirement plan-- ``(A) if such distributions are qualified first- time homebuyer distributions, or ``(B) to the extent such distributions do not exceed the qualified higher education expenses of the taxpayer for the taxable year in which received. The term `qualified distribution' shall not include any distribution to the extent such distribution reduces the balance of the amounts in individual retirement plans of the taxpayer below $1,000. ``(4) Qualified first-time homebuyer distributions.--For purposes of this subsection-- ``(A) In general.--The term `qualified first-time homebuyer distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 60th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual or the spouse, child, or grandchild of such individual. ``(B) Qualified acquisition costs.--For purposes of this paragraph, the term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(C) First-time homebuyer; other definitions.--For purposes of this paragraph: ``(i) First-time homebuyer.--The term `first-time homebuyer' means any individual if-- ``(I) such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies, and ``(II) subsection (a)(6), (h), or (k) of section 1034 did not suspend the running of any period of time specified in section 1034 with respect to such individual on the day before the date the distribution is applied pursuant to subparagraph (A)(ii). ``(ii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iii) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or ``(II) on which construction or reconstruction of such a principal residence is commenced. ``(D) Special rule where delay in acquisition.--If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in subsection (d)(3)(A)(i) (determined by substituting `120 days' for `60 days' in such section), except that-- ``(i) subsection (d)(3)(B) shall not be applied to such contribution, and ``(ii) such amount shall not be taken into account in determining whether subsection (d)(3)(A)(i) applies to any other amount. ``(5) Qualified higher education expenses.--For purposes of this subsection: ``(A) In general.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) the taxpayer's child (as defined in section 151(c)(3)) or grandchild, at an eligible educational institution (as defined in section 135(c)(3)). ``(B) Coordination with savings bond provisions.-- The amount of qualified higher education expenses for any taxable year shall be reduced by any amount excludable from gross income under section 135. ``(6) Recontribution of qualified distributions.-- ``(A) In general.--If an individual received a qualified distribution, such individual shall make required recontributions to an individual retirement plan in the manner provided in this paragraph. ``(B) Method of making recon- tribution.--Any required recontribution-- ``(i) shall be made during the repayment period for the qualified distribution, ``(ii) shall not exceed the required repayment amount reduced by any prior recontribution under this paragraph with respect to such distribution, and ``(iii) shall be made by making a payment in cash for the benefit of such individual to an individual retirement plan. An individual making a required recontribution under this paragraph shall designate (in the manner prescribed by the Secretary) such contribution as a required recontribution under this paragraph and shall specify the qualified distribution in respect of which such recontribution is being made. ``(C) Treated as rollover contribution.--For purposes of this title, any required recontribution under this paragraph shall be treated as a rollover contribution described in subsection (d)(3). ``(7) Other special rules.-- ``(A) Basis rules not affected.--The tax treatment under this chapter of any distribution (other than a qualified distribution) shall be determined as if this subsection had not been enacted. ``(B) Aggregation rules.--For purposes of this subsection-- ``(i) all qualified distributions described in paragraph (3)(A) received by an individual during a taxable year shall be treated as a single distribution so described, and ``(ii) all qualified distributions described in paragraph (3)(B) received by an individual during a taxable year shall be treated as a single distribution so described.'' (b) Effective Date.--The amendment made by this subsection shall apply to distributions received in taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to increase the retirement savings deduction and the maximum individual retirement account contribution from $2,000 to $2,500. Raises income phase-out limits. Allows such a deduction for nonemployed spouses. Provides an inflation adjustment for retirement savings deductions. Excludes from gross income qualified distributions from certain retirement plans for first-time homebuyers and higher education expenses of the taxpayer, spouse, or child. Requires the repayment of such amounts with interest.

To amend the Internal Revenue Code of 1986 to increase the deduction for retirement savings, to permit nonemployed spouses a full IRA deduction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pitkin County Land Exchange Act of 2004''. SEC. 2. PURPOSE. The purpose of this Act is to authorize, direct, expedite, and facilitate the exchange of land between the United States, Pitkin County, Colorado, and the Aspen Valley Land Trust. SEC. 3. DEFINITIONS. In this Act: (1) Aspen valley land trust.-- (A) In general.--The term ``Aspen Valley Land Trust'' means the Aspen Valley Land Trust, a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986. (B) Inclusions.--The term ``Aspen Valley Land Trust'' includes any successor, heir, or assign of the Aspen Valley Land Trust. (2) County.--The term ``County'' means Pitkin County, a political subdivision of the State. (3) Federal land.--The term ``Federal land'' means-- (A) the approximately 5.5 acres of National Forest System land located in the County, as generally depicted on the map entitled ``Ryan Land Exchange- Wildwood Parcel Conveyance to Pitkin County'' and dated August 2004; (B) the 12 parcels of National Forest System land located in the County totaling approximately 5.92 acres, as generally depicted on the map entitled ``Ryan Land Exchange-Smuggler Mountain Patent Remnants- Conveyance to Pitkin County'' and dated August 2004; and (C) the approximately 40 acres of Bureau of Land management land located in the County, as generally depicted on the map entitled ``Ryan Land Exchange- Crystal River Parcel Conveyance to Pitkin County'' and dated August 2004. (4) Non-federal land.--The term ``non-Federal land'' means-- (A) the approximately 35 acres of non-Federal land in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Ryan Property Conveyance to Forest Service'' and dated August 2004; and (B) the approximately 18.2 acres of non-Federal land located on Smuggler Mountain in the County, as generally depicted on the map entitled ``Ryan Land Exchange-Smuggler Mountain-Grand Turk and Pontiac Claims Conveyance to Forest Service''. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) State.--The term ``State'' means the State of Colorado. SEC. 4. LAND EXCHANGE. (a) In General.--If the County offers to convey to the United States title to the non-Federal land that is acceptable to the Secretary, the Secretary and the Secretary of the Interior shall-- (1) accept the offer; and (2) on receipt of acceptable title to the non-Federal land, simultaneously convey to the County, or at the request of the County, to the Aspen Valley Land Trust, all right, title, and interest of the United States in and to the Federal land, subject to all valid existing rights and encumbrances. (b) Timing.-- (1) In general.--Except as provided in paragraph (2), it is the intent of Congress that the land exchange directed by this Act shall be completed not later than 1 year after the date of enactment of this Act. (2) Exception.--The Secretary, the Secretary of the Interior, and the County may agree to extend the deadline specified in paragraph (1). SEC. 5. EXCHANGE TERMS AND CONDITIONS. (a) Equal Value Exchange.--The value of the Federal land and non- Federal land to be exchanged under this Act-- (1) shall be equal; or (2) shall be made equal in accordance with subsection (c). (b) Appraisals.-- (1) In general.--The value of the Federal land and non- Federal land shall be determined by the Secretary through appraisals conducted in accordance with-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practice; and (C) Forest Service appraisal instructions. (2) Value of certain federal land.--In conducting the appraisal of the parcel of Federal land described in section 3(3)(C), the appraiser shall not consider the easement required for that parcel under subsection (d)(1) for purposes of determining the value of that parcel. (c) Equalization of Values.-- (1) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the County shall donate to the United States the excess value of the non-Federal land, which shall be considered to be a donation for all purposes of law. (2) Surplus of federal land.-- (A) In general.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the value of the Federal land and non-Federal land may be equalized by the County-- (i) making a cash equalization payment to the Secretary; (ii) conveying to the Secretary certain land located in the County, comprising approximately 160 acres, as generally depicted on the map entitled ``Sellar Park Parcel'' and dated August 2004; or (iii) using a combination of the methods described in clauses (i) and (ii), as the Secretary and the County determine to be appropriate. (B) Disposition and use of proceeds.-- (i) Disposition of proceeds.--Any cash equalization payment received by the Secretary under subparagraph (A)(i) shall be deposited in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (ii) Use of proceeds.--Amounts deposited under clause (i) shall be available to the Secretary, without further appropriation, for the acquisition of land or an interest in land in the State for addition to the National Forest System. (d) Conditions on Certain Conveyances.-- (1) Conditions on conveyance of crystal river parcel.-- (A) In general.--The Secretary of the Interior shall not convey to the County the parcel of land described in section 3(3)(C) until the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or any other entity acceptable to the Secretary of the Interior and the County, a permanent conservation easement to the parcel, the terms of which-- (i)(I) provide public access to the parcel; and (II) require that the parcel shall be used only for recreational, fish and wildlife conservation, and open space purposes; and (ii) are acceptable to the Secretary of the Interior. (B) Reversion.--In the deed of conveyance that conveys the parcel of land described in section 3(3)(C) to the County, the Secretary of the Interior shall provide that title to the parcel shall revert to the United States at no cost to the United States if-- (i) the parcel is used for a purpose other than that described in subparagraph (A)(i)(II); or (ii) the County or the entity holding the conservation easement elect to discontinue administering the parcel. (2) Conditions on conveyance of wildwood parcel.-- (A) In general.--Before the Secretary conveys to the County the parcel described in section 3(3)(A), the Secretary shall require the County, at the expense of the County, to transmit to the Secretary a quitclaim deed to the parcel that permanently relinquishes any claim that, before the date of introduction of this Act, was brought against the United States asserting the right, title, or interest of the claimant in and to the parcel. (B) Reservation of easement.--In the deed of conveyance of the parcel described in section 3(3)(A) to the County, or at request of the County, to the Aspen Valley Land Trust, the Secretary shall, as determined to be appropriate by the Secretary in consultation with the County, reserve to the United States a permanent easement to the parcel for the location, construction, and public use of the East of Aspen Trail. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Incorporation, Management, and Status of Acquired Land.-- (1) In general.--Land acquired by the Secretary under this Act shall become part of the White River National Forest. (2) Management.--On acquisition, land acquired by the Secretary under this Act shall be administered in accordance with the laws (including rules and regulations) generally applicable to the National Forest System. (3) Land and water conservation fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the White River National Forest shall be deemed to be the boundaries of the White River National Forest as of January 1, 1965. (b) Revocation of Orders and Withdrawal.-- (1) Revocation of orders.--Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit disposal of the Federal land. (2) Withdrawal of federal land.--On the date of enactment of this Act, if not already withdrawn or segregated from entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land is withdrawn, subject to valid existing rights, until the date of the conveyance of the Federal land to the County. (3) Withdrawal of non-federal land.--On acquisition of the non-Federal land by the Secretary, the non-Federal land is permanently withdrawn from all forms of appropriation and disposition under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (c) Boundary Adjustments.--The Secretary with jurisdiction over the land and the County may agree to-- (1) minor adjustments to the boundaries of the Federal land and non-Federal land; and (2) modifications or deletions of parcels and mining claim remnants of Federal land or non-Federal land to be exchanged on Smuggler Mountain. (d) Map.--If there is a discrepancy between a map, acreage estimate, and legal or other description of the land to be exchanged under this Act, the map shall prevail unless the Secretary with jurisdiction over the land and the County agree otherwise.

Pitkin County Land Exchange Act of 2004 - Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County, to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County. Prohibits the conveyance of a specified parcel to the County unless and until specified conditions are met, including that the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or to another entity mutually agreeable to the County and the Secretary of the Interior, a permanent conservation easement which provides public access to the parcel and limits future use of the parcel to recreational, fish, and wildlife conservation, and open space purposes. States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest.

A bill to authorize the exchange of certain land in the State of Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as ``State Business Law Conformity Act of 2004''. SEC. 2. REFERENCES TO GENERAL PARTNERS. (a) Exclusion of Certain Active Businesses From at Risk Rules.-- Subclause (I) of section 465(c)(7)(D)(ii) of the Internal Revenue Code of 1986 (defining qualified corporate partner) is amended to read as follows: ``(I) such corporation is not prohibited or limited under State law from participation in the management or business of the partnership.''. (b) Payments to Retiring Partners.--Subparagraph (B) of section 736(b)(3) of such Code (relating to limitation on application of paragraph (2)) is amended to read as follows: ``(B) any portion of the retiring or deceased partner's distributive share of partnership income was subject to tax under section 1401.''. (c) Foreign Currency Transactions.--Subclause (I) of section 988(c)(1)(E)(v) of such Code is amended to read as follows: ``(I) Certain general partners.-- The interest of a partner in the partnership shall not be treated as failing to meet the 20-percent ownership requirements of clause (iii)(I) for any taxable year of the partnership if for the taxable year of the partner in which such partnership taxable year ends-- ``(aa) the partner is not limited as to participation in the management or activity of the qualified fund, and ``(bb) such partner (and each corporation filing a consolidated return with such partner) had no ordinary income or loss from a section 988 transaction which is foreign currency gain or loss (as the case may be).''. (d) Special Valuation Rules for Generation-Skipping Tax.--Clause (ii) of section 2701(b)(2)(B) of such Code (relating to partnerships) is amended to read as follows: ``(ii) in the case of a limited partnership, the holding of any interest as a partner who is not limited as to participation in management or activity of the partnership.''. (e) Tax Matters Partner.--Paragraph (7) of section 6231(a) of such Code (defining tax matters partner) is amended to read as follows: ``(7) Tax matters partner.-- ``(A) In general.--The tax matters partner of any partnership is-- ``(i) the partner designated as the tax matters partner as provided in regulations, or ``(ii) if there is no partner who has been so designated, the partner having the largest profits interest in the partnership at the close of the taxable year involved (or, where there is more than 1 such partner, the 1 of such partners whose name would appear first in an alphabetical listing). ``(B) Selection by secretary.--If there is no partner designated under subparagraph (A)(i) and the Secretary determines that it is impracticable to apply subparagraph (A)(ii), the partner selected by the Secretary shall be treated as the tax matters partner. The Secretary shall, within 30 days of selecting a tax matters partner under the preceding sentence, notify all partners required to receive notice under section 6223(a) of the name and address of the person selected. ``(C) Restriction on designation of partner.--A partner may not be designated as a tax matters partner under subparagraph (A)(i) unless such partner is not limited as to participation in management or activity of the partnership.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. REFERENCES TO LIMITED PARTNERS. (a) Limited Entrepreneur.-- (1) In general.--Subparagraph (A) of section 464(e)(2) of the Internal Revenue Code of 1986 (defining limited entrepreneur) is amended by striking ``other than as a limited partner''. (2) Conforming amendments.-- (A) Section 464(c) of such Code is amended-- (i) by striking ``limited partners or'' in paragraph (1)(B), (ii) by striking ``a limited partner or'' in paragraph (2). (B) Section 1256 of such Code is amended-- (i) by striking ``limited partners or'' each place it appears in subsections (e)(3)(B) and (f)(4), (ii) by striking ``a limited partner or'' in subsection (e)(3)(C), and (iii) by striking ``limited partner or'' both places it appears in the heading and text of subsection (e)(4)(A)(i). (C) Section 1258(d)(5)(C) of such Code is amended-- (i) by striking ``limited partner or'' in the matter preceding subclause (i), (ii) by striking ``limited partner's (or limited entrepreneur's) in subclause (i) and inserting ``limited entrepreneur's'', and (iii) by striking ``partners and limited'' in the heading. (b) Passive Loss Rules.-- (1) Subsection (h) of section 469 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (2) Subparagraph (A) of section 469(c)(7) of such Code is amended by striking the last sentence. (3) Paragraph (6) of section 469(i) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (4) Subsection (f) of section 772 of such Code (relating to special rules for applying passive loss limitations) is amended to read as follows: ``(f) Special Rules for Applying Passive Loss Limitations.-- ``(1) In general.--If any person holds an interest in an electing large partnership other than as a partner described in paragraph (3)-- ``(A) paragraph (2) of subsection (c) shall not apply to such partner, and ``(B) such partner's distributive share of the partnership items allocable to passive loss limitation activities shall be taken into account separately to the extent necessary to comply with the provisions of section 469. ``(2) Exception.--Paragraph (1) shall not apply to any items allocable to an interest held as a partner described in paragraph (3). ``(3) Partner described.--For purposes of this subsection, a partner is described in this paragraph if the partner is a person whose participation in the management or business activity of the partnership is limited under applicable State law.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 4. PARTNERSHIP INCOME ATTRIBUTABLE TO CAPITAL EXCLUDED FROM NET EARNINGS FROM SELF-EMPLOYMENT. (a) In General.--Paragraph (13) of section 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(13) there shall be excluded the distributive share of net income of a partner attributable to capital;''. (b) Partnership Income Attributable to Capital.--Section 1402 of such Code is amended by adding at the end the following new subsection: ``(l) Partnership Income Attributable to Capital.-- ``(1) In general.--For purposes of subsection (a)(13), the following amounts shall be treated as income attributable to capital-- ``(A) the amount, if any, in excess of what would constitute reasonable compensation for services rendered by such partner to the partnership, and ``(B) an amount equal to a reasonable rate of return on unreturned capital of the partner determined as of the beginning of the taxable year. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) Unreturned capital.--The term `unreturned capital' means the excess of the aggregate amount of money and the fair market value as of the date of contribution of other consideration (net of liabilities) contributed by the partner over the aggregate amount of money and the fair market value as of the date of distribution of other consideration (net of liabilities) distributed by the partnership to the partner, increased or decreased for the partner's distributive share of all reportable items as determined in section 702. If the partner acquires a partnership interest and the partnership makes an election under section 754, the partner's unreturned capital shall take into account appropriate adjustments under section 743. ``(B) Reasonable rate of return.--A reasonable rate of return on unreturned capital shall equal 150 percent (or such higher rate as is established in regulations) of the highest applicable Federal rate, as determined under section 1274(d)(1), at the beginning of the partnership's taxable year. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to services performed in taxable years beginning after December 31, 2004. SEC. 5. REPEAL OF ABILITY TO ELECT LARGE PARTNERSHIP REPORTING RULES. (a) In General.--Paragraph (2) of section 775(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``No election under this subsection shall be made after December 31, 2004.''. (b) Effective Date.--The amendment made by this section shall apply to partnership taxable years beginning after December 31, 2004.

State Business Law Conformity Act of 2004 - Amends the Internal Revenue Code to: (1) revise certain partnership tax definitions and rules relating to general and limited partners; (2) exclude from net earnings from self-employment partnership income attributable to capital; and (3) repeal, after 2004, the election to apply large partnership (100 partners or more) tax rules.

To amend the Internal Revenue Code of 1986 to simplify the taxation of partnerships.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Diplomacy and Development Review Act of 2012''. SEC. 2. QUADRENNIAL DIPLOMACY AND DEVELOPMENT REVIEW. (a) Requirement.-- (1) Quadrennial reviews required.--Under the direction of the President, the Secretary of State shall every four years, during a year following a year evenly divisible by four, conduct a review of United States diplomacy and development (to be known as a ``quadrennial diplomacy and development review''). (2) Scope of reviews.--Each quadrennial diplomacy and development review shall be a comprehensive examination of the national diplomacy and development policy and strategic framework of the United States for the next four year period until a subsequent review is due under paragraph (1). The review shall include-- (A) recommendations regarding the long-term diplomacy and development policy and strategic framework of the United States; (B) priorities of the United States for diplomacy and development; and (C) guidance on the related programs, assets, capabilities, budget, policies, and authorities of the Department of State and United States Agency for International Development. (3) Consultation.--In conducting each quadrennial diplomacy and development review, after consultation with Department of State and United States Agency for International Development officials, the Secretary of State should consult with-- (A) the heads of other relevant Federal agencies, including the Secretary of Defense, the Secretary of the Treasury, the Secretary of Homeland Security, the Attorney General, the Secretary of Health and Human Services, the Secretary of Agriculture, the Secretary of Commerce, the Chief Executive Officer of the Millennium Challenge Corporation, and the Director of National Intelligence; (B) any other Federal agency that provides foreign assistance, including at a minimum the Export-Import Bank of the United States and the Overseas Private Investment Corporation; (C) the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and, as appropriate, other members of Congress; and (D) other relevant governmental and nongovernmental entities, including private sector representatives, academics, and other policy experts. (b) Contents of Review.--Each quadrennial diplomacy and development review shall-- (1) delineate, as appropriate, the national diplomacy and development policy and strategic framework of the United States, consistent with appropriate national, Department of State, and United States Agency for International Development strategies, strategic plans, and relevant presidential directives, including the national security strategy prescribed pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a); (2) outline and prioritize the full range of critical national diplomacy and development areas, capabilities, and resources, including those implemented across agencies, and address the full range of challenges confronting the United States in this regard; (3) describe the interagency cooperation, and preparedness of relevant Federal assets, and the infrastructure, budget plan, and other elements of the diplomacy and development policies and programs of the United States required to execute successfully the full range of mission priorities outlined under paragraph (2); (4) describe the roles of international organizations and multilateral institutions in advancing United States diplomatic and development objectives, including the mechanisms for coordinating and harmonizing development policies and programs with partner countries and among donors; (5) identify the budget plan required to provide sufficient resources to successfully execute the full range of mission priorities outlined under paragraph (2); (6) include an assessment of the organizational alignment of the Department of State and the United States Agency for International Development with the national diplomacy and development policy and strategic framework referred to in paragraph (1) and the diplomacy and development mission priorities outlined under paragraph (2); (7) review and assess the effectiveness of the management mechanisms of the Department of State and the United States Agency for International Development for executing the strategic priorities outlined in the quadrennial diplomacy and development review, including the extent to which such effectiveness has been enhanced since the previous report; and (8) the relationship between the requirements of the quadrennial diplomacy and development review and the acquisition strategy and expenditure plan within the Department of State and the United States Agency for International Development. (c) Reporting.-- (1) In general.--Not later than the year following the year in which a quadrennial diplomacy and development review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31, United States Code, the Secretary of State shall submit to Congress a report regarding that quadrennial diplomacy and development review. (2) Contents of report.--Each report submitted under paragraph (1) shall include-- (A) the results of the quadrennial diplomacy and development review conducted in accordance with, and based on a detailed assessment of, the provisions of and considerations set out in subsections (a)(2) and (b), addressing each of the key elements identified in such subsections; (B) a description of the threats to the assumed or defined national security interests of the United States that were examined for the purposes of that review; (C) an explanation of any underlying assumptions used in conducting the review; and (D) any other matters the Secretary of State considers appropriate. (3) Public availability.--The Secretary of State shall, consistent with the protection of national security and other sensitive matters, make each report submitted under paragraph (1) publicly available on the Internet Web site of the Department of State. (d) Establishment.--The Secretary of State may establish within the Department of State an Office of Quadrennial Diplomacy and Development Review, which the Secretary of State may, using only existing resources, staff in a manner to assist in discharging the functions under this section. (e) Foreign Affairs Policy Board Review.--The Secretary of State should apprise the Foreign Affairs Policy Board on an ongoing basis of the work undertaken in the conduct of the quadrennial diplomacy and development review and, upon completion of the review, the Chairman of the Foreign Affairs Policy Board should, on behalf of the Board, prepare and submit to the Secretary an assessment of the review for inclusion in the report submitted under subsection (c). Passed the Senate September 22 (legislative day, September 21), 2012. Attest: NANCY ERICKSON, Secretary.

Quadrennial Diplomacy and Development Review Act of 2012 - Directs the Secretary of State to conduct a review every four years of U.S. diplomacy and development for the next four-year period (quadrennial diplomacy and development review) which shall include: (1) recommendations regarding the long-term diplomacy and development policy and strategic framework of the United States; (2) U.S. diplomatic priorities; and (3) guidance on the related programs, assets, capabilities, budget, policies, and authorities of the Department of State and the U.S. Agency for International Development (USAID). Provides for interagency consultations in the conduct of the diplomacy and development review. Requires each diplomacy and development review to: (1) delineate the U.S. national diplomacy and development policy and strategic framework; (2) prioritize critical national diplomacy and development areas, capabilities, and resources; (3) describe interagency cooperation and preparedness of relevant federal assets; (4) describe the roles of international organizations and multilateral institutions in advancing U.S. diplomatic and development objectives; (5) identify the necessary budget plan; and (6) assess the organizational alignment and management mechanisms of the Department and USAID with the national diplomacy and development policy and strategic framework. Authorizes the Secretary to establish within the Department an Office of Quadrennial Diplomacy and Development Review. Urges the Secretary to apprise the Foreign Affairs Policy Board on an ongoing basis of the work undertaken in the quadrennial diplomacy and development review.

A bill to require a quadrennial diplomacy and development review, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Extended Unemployment Compensation Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Federal-State agreements. Sec. 3. Emergency unemployment compensation account. Sec. 4. Payments to States having agreements for the payment of emergency unemployment compensation. Sec. 5. Financing provisions. Sec. 6. Fraud and overpayments. Sec. 7. Definitions. Sec. 8. Applicability. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (in this Act referred to as the ``Secretary''). Any State which is a party to an agreement under this Act may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of emergency unemployment compensation to individuals who-- (1) have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before May 1, 2007); (2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (except as provided under subsection (e)); and (3) are not receiving compensation with respect to such week under the unemployment compensation law of Canada. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (d) Weekly Benefit Amount, etc.--For purposes of any agreement under this Act-- (1) the amount of emergency unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment; (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for emergency unemployment compensation and the payment thereof, except where otherwise inconsistent with the provisions of this Act or with the regulations or operating instructions of the Secretary promulgated to carry out this Act; and (3) the maximum amount of emergency unemployment compensation payable to any individual for whom an emergency unemployment compensation account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election by States.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to extended compensation to individuals who otherwise meet the requirements of this section. (f) Unauthorized Aliens Ineligible.--A State shall require as a condition of eligibility for emergency unemployment compensation under this Act that each alien who receives such compensation must be legally authorized to work in the United States, as defined for purposes of the Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining whether an alien meets the requirements of this subsection, a State must follow the procedures provided in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)). SEC. 3. EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this Act shall provide that the State will establish, for each eligible individual who files an application for emergency unemployment compensation, an emergency unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to the lesser of-- (A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under such law, or (B) 13 times the individual's average weekly benefit amount for the benefit year. (2) Weekly benefit amount.--For purposes of this subsection, an individual's weekly benefit amount for any week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment. (c) Special Rule.-- (1) In general.--Notwithstanding any other provision of this section, if, at the time that the individual's account is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), then, such account shall be augmented by an amount equal to the amount originally established in such account (as determined under subsection (b)(1)). (2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- (A) such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970; (B) such a period would then be in effect for such State under such Act if section 203(d) of such Act-- (i) were applied by substituting ``4'' for ``5'' each place it appears; and (ii) did not include the requirement under paragraph (1)(A); or (C) such a period would then be in effect for such State under such Act if-- (i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and (ii) such section 203(f)-- (I) were applied by substituting ``6.0'' for ``6.5'' in paragraph (1)(A)(i); and (II) did not include the requirement under paragraph (1)(A)(ii). SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State that has entered into an agreement under this Act an amount equal to 100 percent of the emergency unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this Act or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this Act in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (42 U.S.C. 1105(a))) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a))) shall be used for the making of payments to States having agreements entered into under this Act. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the Government Accountability Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as so established) to the account of such State in the Unemployment Trust Fund (as so established). (c) Assistance to States.--There are appropriated out of the employment security administration account (as established by section 901(a) of the Social Security Act (42 U.S.C. 1101(a))) of the Unemployment Trust Fund, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the costs of administration of agreements under this Act. (d) Appropriations for Certain Payments.--There are appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as so established) of the Unemployment Trust Fund (as so established) such sums as the Secretary estimates to be necessary to make the payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code; and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency unemployment compensation under this Act to which he was not entitled, such individual-- (1) shall be ineligible for further emergency unemployment compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and (2) shall be subject to prosecution under section 1001 of title 18, United States Code. (b) Repayment.--In the case of individuals who have received amounts of emergency unemployment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency unemployment compensation was without fault on the part of any such individual; and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made. (2) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. In this Act, the terms ``compensation'', ``regular compensation'', ``extended compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal- State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 8. APPLICABILITY. (a) In General.--Except as provided in subsection (b), an agreement entered into under this Act shall apply to weeks of unemployment-- (1) beginning after the date on which such agreement is entered into; and (2) ending on or before March 31, 2009. (b) Transition for Amount Remaining in Account.-- (1) In general.--Subject to paragraphs (2) and (3), in the case of an individual who has amounts remaining in an account established under section 3 as of the last day of the last week (as determined in accordance with the applicable State law) ending on or before March 31, 2009, emergency unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such last day for which the individual meets the eligibility requirements of this Act. (2) Limit on augmentation.--If the account of an individual is exhausted after the last day of such last week (as so determined), then section 3(c) shall not apply and such account shall not be augmented under such section, regardless of whether such individual's State is in an extended benefit period (as determined under paragraph (2) of such section). (3) Limit on compensation.--No compensation shall be payable by reason of paragraph (1) for any week beginning after June 30, 2009. Passed the House of Representatives June 12, 2008. Attest: LORRAINE C. MILLER, Clerk. By Robert F. Reeves, Deputy Clerk.

Emergency Extended Unemployment Compensation Act of 2008 - (Sec. 2) Authorizes a state to enter into an agreement with the Secretary of Labor under which the state agency will make emergency unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year ending on or after May 1, 2007; (2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other state or federal unemployment compensation law; and (3) are not receiving compensation for such week under the unemployment compensation law of Canada. Authorizes a state's governor in an extended benefit period, if state law permits, to provide for the payment of emergency unemployment compensation before extended compensation to individuals who otherwise meet the requirements of this Act. Requires a state to require, as a condition of eligibility for such emergency unemployment compensation, that aliens who receive it be legally authorized to work in the United States. (Sec. 3) Requires such agreements to require states to establish an emergency unemployment compensation account for an applicant's benefit year. Prescribes a formula for crediting amounts to such accounts. Makes a special rule to augment the compensation amount if such an account is exhausted while the state is in an extended benefit period. Revises the definition of "extended benefit period" to include states with a total unemployment rate (TUR) of at least 6.0% and states with an insured unemployment rate (IUR) of at least 4.0% (regardless of certain other ordinary requirements). (Sec. 4) Requires federal payments to states that have entered into such agreements to cover 100% of emergency unemployment compensation payments. Prohibits such payments from being made to any state if it is entitled to reimbursement in respect of such compensation under any federal law other than this Act or federal law relating to unemployment compensation for federal employees and ex-servicemen. Denies a state entitlement to any reimbursement under the latter law if the state is entitled to reimbursement under this Act. (Sec. 5) Requires funds in the extended unemployment compensation account of the Unemployment Trust Fund to be used for payments to states having such agreements. Appropriates out of the employment security administration account of such Fund, without fiscal year limitation, the funds necessary to assist states in meeting the costs of administration of such agreements. Appropriates from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account of the Unemployment Trust Fund such sums as the Secretary estimates are necessary to make payments for: (1) compensation payable to federal employees and ex-servicemen; and (2) compensation payable on the basis of certain services performed for nonprofit organizations or governmental entities. Declares that none of these appropriations shall be required to be repaid. (Sec. 6) Makes an individual ineligible for further emergency unemployment compensation, and subjects him or her to fines and imprisonment of up to five years, or both, if the individual knowingly has made, or caused another to make, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such actions the individual has received such emergency unemployment compensation to which he or she was not entitled. Directs the state to require such an individual to repay the compensation to the state agency unless the state determines that: (1) the overpayment was without fault on the individual's part; and (2) such repayment would be contrary to equity and good conscience. (Sec. 8) Requires any agreement entered into under this Act to apply only to weeks of unemployment: (1) beginning after the agreement is entered into; and (2) ending on or before February 1, 2009.

To provide for a program of emergency unemployment compensation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Together for Rural Access to Mental Health and Wellness for Children and Seniors Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Providing adequate mental health care in rural communities is a national problem. Mental health is an integral part of a person's general health and well-being. In rural areas, where specialized mental health services are scarce, accessing mental health professional services is difficult. Primary care is often the only system for delivering mental health services. (2) Rural primary care providers are seeing an increase in mental health issues in their clinics. (3) The need is overwhelming with the Surgeon General estimating 21 percent of children experience the signs or symptoms of a mental disorder. Left untreated, these problems lead to rampant school failure, drug abuse, and often incarceration. (4) The Department of Health and Human Services indicates that 1 in 5 children and adolescents may have a diagnosable disorder, yet 70 percent to 80 percent receive little or no help. (5) Few schools have the resources to implement a full range of school mental health interventions. Identifying sustainable and flexible funding sources for these programs is extremely important. (6) Health, and especially mental health, is a fundamental cornerstone for ensuring that all youth have an equal opportunity to succeed at school. (7) Promoting and expanding telemental health collaborations to strengthen delivery of mental health services in remote and underserved areas is needed. (8) Telemental health is an effective tool for diagnosing and treating some mental health conditions. For rural and remote areas, telemental health offers patients access and care. (b) Purpose.--It is the purpose of this Act to-- (1) provide assistance to rural schools, hospitals, and communities for the conduct of collaborative efforts to secure a progressive and innovative system to improve access to mental health care for youth, seniors and families; (2) increase access of elementary and secondary school students to mental health services in rural areas by operating a mobile health services van program in such areas; or (3) increase access of individuals of all ages to mental health services in rural areas by providing telemental health services in such areas. SEC. 3. RURAL ACCESS TO MENTAL HEALTH SERVICES GRANT PROGRAM. (a) State Grants.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to States to enable such States to award subgrants to carry out the purposes of this Act. (b) Eligibility and Amount.-- (1) Eligibility.--To be eligible for a grant under subsection (a), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will designate a lead agency in accordance with subsection (c) and submit a State plan in accordance with subsection (d). (2) Amount.--The Secretary shall award a grant to a State under this section in an amount that is based on the respective number of critical access hospitals (as defined in section 1861 (mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1)) in the State as such compares to the total number of critical access hospitals in all States that are awarded grants under this section. (c) State Lead Agency.-- (1) In general.--To be eligible to receive a grant under this section, the governor of a State shall select a lead agency within the State to administer the State programs under the grant. If the governor of the State selects a lead agency other than the State Office of Rural Health, the governor shall ensure the involvement of the State Office of Rural Health in the development and administration of the State program under this section. (2) Duties.--The lead agency of a State shall-- (A) administer, directly or through other governmental or nongovernmental agencies, amounts received under a grant under subsection (a); and (B) develop the State plan under subsection (d) and coordinate the expenditure of funds in consultation with appropriate representatives of the State and local educational agencies and the rural mental health providers and State hospital associations. (d) State Plan.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary a State plan that shall-- (1) identify the lead agency of the State; (2) contain assurances that the State shall use the amounts provided to the State under the grant to address-- (A) in the case of mobile van services, the mental health needs of elementary school and secondary school students; or (B) in the case of telemental health services, the mental health needs of individuals of all ages through telemental health services, and to pay administrative costs incurred in connection with providing the assistance to grant recipients; (3) contain assurances that benefits and services under the grant shall be available throughout the entire State; and (4) contain assurances that the lead agency shall consult with rural mental health providers and hospital associations that represent such providers in such State on the most appropriate ways to use the funds received under the grant. (e) Awarding of Subgrants.-- (1) In general.--The lead agency of the State shall use amounts received under a grant under subsection (a) to award subgrants to eligible entities on a competitive basis. (2) Eligibility.--To be eligible to receive a subgrant under paragraph (1), a grant applicant shall be located in or serving a rural area and be a government-owned or private nonprofit hospital (or, in the case of a mobile van services program, a governmental, tribal, or private nonprofit school district or educational institution which provides elementary education or secondary education (kindergarten through grade 12) and that collaborates with such a hospital), a community mental health center, a primary care clinic, or other nonprofit agency providing mental health services. (3) Selection criteria.--In establishing procedures for the awarding of subgrants under paragraph (1), the lead agency of the State shall provide for the use of the following selection criteria: (A) The extent to which a grant applicant demonstrates a need to improve the access of mental health services within the community served by such applicant. (B) The extent to which a grant applicant will serve a rural community with a significant low-income or other population that is underserved with respect to the provision of mental health services. (4) Application and approval.--To be eligible to receive a subgrant under paragraph (1), an entity shall submit an application to the lead agency of the State that includes-- (A) a description of the manner in which the entity intends to use amounts provided under the subgrant; (B) such information as the lead agency may require to apply the selection criteria under paragraph (3); (C) measurable objectives for the use of funds provided under the subgrant; (D) a description of the manner in which the applicant will evaluate the effectiveness of the program carried out under the subgrant; (E) an agreement to maintain such records, make such reports, and cooperate with such reviews or audits as the lead agency and the Secretary may find necessary for purposes of oversight of program activities and expenditures; (F) a plan for sustaining activities and services funded under the subgrant after Federal support for such activities and services has ended; and (G) such other information and assurances as the Secretary may require. (5) Use of funds.--A recipient of a subgrant under paragraph (1) shall use amounts awarded under the grant to-- (A) in the case of mobile van health services, offset costs incurred after December 31, 2007, that are related to operating a mobile van outreach program under which a hospital and one or more elementary or secondary schools provide mental health care services to students of such schools in the rural area, which may include the costs of-- (i) purchasing or leasing a mobile van in which mental health services are provided to elementary school or secondary school students; (ii) repairs and maintenance for such a mobile van; (iii) purchasing or leasing communications capabilities reasonable and necessary to operate the mobile van; (iv) providing education and training to staff on operating the mobile van program; and (v) providing for additional mental health services professional staff that are employed to provide mental health services as part of the mobile van program; and (B) in the case of telemental health services, offset costs incurred after December 31, 2007, that are related to providing telemental health services to persons of all ages in the rural area, which may include the cost of-- (i) purchasing, leasing, repairing, maintaining, or upgrading telemental health services equipment; (ii) operating telemental health services equipment, including telecommunications, utilities, and software costs; (iii) providing education and training to staff concerning the provision of telemental health services; and (iv) employing additional mental health services professional staff to provide telemental health services. (6) Limits.--The amount awarded to an entity as a subgrant under paragraph (1) for any fiscal year shall not exceed $300,000. (f) Reporting, Monitoring, and Evaluation.--The lead agency of each State that receives a grant under subsection (a) shall submit a report to the Secretary that contains-- (1) the amounts received under the grant; (2) the amounts allocated as subgrants under subsection (e); (3) the types of expenditures made by subgrant recipients with such funds; and (4) such other information as may be required by the Secretary to assist the Secretary in monitoring the effectiveness of this section. (g) Review of Compliance With State Plan.-- (1) In general.--The Secretary shall review and monitor State compliance with the requirements of this section and the State plan submitted under subsection (d). (2) Failure to comply.--If the Secretary, after reasonable notice to a State and opportunity for a hearing, determines that there has been a failure by the State to comply substantially with any provision or requirement set forth in the State plan or a requirement of this section, the Secretary shall notify the lead agency of the State of such determination and that no further payments to the State will be made with respect to the State grant until the Secretary is satisfied that there is no longer any failure to comply or that the noncompliance will be promptly corrected. (h) Interaction of Federal and State Law.--Federal and State procurement laws shall be preempted to the extent necessary to carry out this section. (i) Definitions.--In this section: (1) Hospital.--The term ``hospital'' means a non-Federal short-term general acute care facility located in or serving a rural area. (2) Mobile van.--The term ``mobile van'' means a mobile wellness center the purpose of which is to improve access to, and focuses on, early intervention of mental health, and that provides consultation, education, comprehensive interdisciplinary education, and collaborative treatment planning services. (3) Rural area.--The term ``rural area'', with respect to the location of an eligible applicant, or with respect to the location of mental health services, means that the entity or services-- (A) is located in a rural census tract of a metropolitan statistical area, as determined under the most recent version of the Goldsmith Modification, the Rural-Urban Commuting Area codes, as determined by the Office of Rural Health Policy of the Health Resources and Services Administration; or (B) is located in an area designated by any law or regulation of such State as a rural area (or, in the case of a hospital, is designated by such State as a rural hospital). (4) Telemental health services.--The term ``telemental health services'' means mental health services that are provided through the use of videoconferencing or similar means of electronic communications and information technology. (5) Telemental health services equipment.--The term ``telemental health services equipment'' includes telecommunications and peripheral equipment used to provide patient evaluations, case management, medication management, crisis response, pre-admission and pre-discharge planning, treatment planning, individual and group therapy, family therapy, mental status evaluations, case conferences, family visits, staff training, and administrative activities relating to the mental health services. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2008 through 2010.

Working Together for Rural Access to Mental Health and Wellness for Children and Seniors Act - Requires the Secretary of Health and Human Services to award grants to enable states to award grants for: (1) operating a mobile van outreach program under which a hospital and elementary or secondary schools provide mental health care services to students in a rural area; and (2) providing telemental health services to persons of all ages in a rural area. Requires the governor of a state to designate a lead agency to: (1) administer the state program under the grant; and (2) develop a state plan for the provision of mental health services in rural areas.

A bill to provide assistance to rural schools, hospitals, and communities for the conduct of collaborative efforts to secure a progressive and innovative system to improve access to mental health care for youth, seniors and families.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``UNRWA Anti- Incitement and Anti-Terrorism Act''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. United States contributions to UNRWA. Sec. 4. Sense of Congress. SEC. 2. FINDINGS. Congress makes the following findings: (1) The total annual budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), including its core programs, emergency activities, and special projects, exceeds $1,400,000,000. (2) The United States has long been the largest single contributing country to UNRWA. (3) From 1950 to 2014, the United States has contributed over $5,250,000,000 to UNRWA, including an average of over $277,000,000 per year between fiscal years 2009 and 2015. (4) UNRWA staff unions, including the teachers' union, are frequently controlled by members affiliated with Hamas. (5) The curriculum of UNRWA schools, which use the textbooks of their respective host governments or authorities, has long contained materials that are anti-Israel, anti- Semitic, and supportive of violent extremism. (6) Despite UNRWA's contravention of United States law and activities that compromise its strictly humanitarian mandate, UNRWA continues to receive United States contributions, including $408,751,396 in 2014. (7) Assistance from the United States and other responsible nations allows UNRWA to claim that criticisms of the agency's behavior are unfounded. UNRWA spokesman Christopher Gunness has dismissed concerns by stating that, ``If these baseless allegations were even halfway true, do you really think the U.S. and [European Commission] would give us hundreds of millions of dollars per year?''. (8) Former UNRWA general counsel James Lindsay noted in a 2009 report the following: (A) ``The United States, despite funding nearly 75 percent of UNRWA's national budget and remaining its largest single country donor, has mostly failed to make UNRWA reflect U.S. foreign policy objectives . . . Recent U.S. efforts to shape UNRWA appear to have been ineffective . . .''. (B) ``[T]he United States is not obligated to fund agencies that refuse to check its rolls for individuals their donors do not wish to support.''. (C) ``A number of changes in UNRWA could benefit the refugees, the Middle East, and the United States, but those changes will not occur unless the United States, ideally with support from UNRWA's other main financial supporter, the European Union, compels the agency to enact reforms.''. (D) ``If the [UNRWA commissioner-general's] power is used in ways that are [in] conflict with the donors' political objectives, it is up to the donors to take the necessary actions to ensure that their interests are respected. When they have done so, UNRWA--given the tight financial leash it has been on for most of its existence--has tended to follow their dictates, even if sometimes slowly.''. (9) During Israel's Operation Protective Edge in 2014 in response to Hamas rocket attacks against Israel, UNRWA's Commissioner General gave a press briefing ignoring the extraordinary efforts Israel goes to avoid civilian casualties, and not once in the nearly 1,100 word statement mentioning Hamas or condemning Hamas' use of Palestinian children, women, and men as human shields in violation of international humanitarian law. (10) On July 16, 2014, UNRWA reported that it had found 20 missiles in one of its schools in Gaza, likely placed there by Hamas, and then instead of dismantling the missiles, UNRWA returned them to the ``relevant authorities'' in Gaza, and since Hamas controls Gaza, it likely turned them back over to Hamas. (11) On July 22, 2014, UNRWA reported that it had found a second instance in which missiles were stockpiled in one of its schools in Gaza, and again failed to condemn Hamas publicly. (12) On July 29, 2014, UNRWA confirmed that, for the third time in less than a month, a stockpile of Hamas rockets was found in one of its schools in Gaza, establishing a pattern of Hamas weapons being stored in UNRWA facilities, and calling into question UNRWA's claim of being caught unawares to Hamas' actions. (13) On July 30, 2014, three Israeli Defense Force soldiers were killed in an explosion at a booby-trapped UNRWA health clinic, which was housing the opening to one of Hamas' underground tunnels. (14) On July 30, 2014, John Ging, head of UNRWA from 2006- 2011, when asked if Hamas has been using human shields and using United Nations schools and hospitals to store weapons and as a shelter from which to launch missiles into Israel, stated in an interview, ``Yes, the armed groups are firing their rockets into Israel from the vicinity of UN facilities and residential areas. Absolutely.''. (15) During Operation Protective Edge in Gaza, UNRWA repeatedly distorted the facts and accused Israel of targeting Palestinian women and children based off of the casualty numbers provided to it by Gaza's Hamas-run Health Ministry, which has been shown to have deliberately lied about the casualty numbers. (16) On September 1, 2015, the nongovernmental organization, UN Watch, published a report which documented 12 different Facebook accounts operated by UNRWA officials that openly incite to anti-Semitism and violence, including Ahmed Fathi Bader, who identified himself as a Deputy School Principal at UNRWA and who praised the murder of ``a group of collaborators with the Jews''. (17) On October 16, 2015, UN Watch published a report entitled ``Report on UNRWA Teachers and Other Officials Inciting Violence & Antisemitism'', identifying an additional 10 UNRWA individuals that openly incite to anti-Semitism and violence, including Hani Al Ramahi, who identified himself as a ``Projects Support Assistant at UNRWA'', and who posted an image that encouraged Palestinians to ``stab Zionist dogs''. (18) On October 20, 2015, the United Nations Secretary- General's Deputy Spokesman's office, in response to a question regarding the UNRWA allegations raised in the UN Watch reports, stated that ``in a number of cases so far, the Agency has found staff Facebook postings to be in violation of its social media rules . . . the staff have been subject to both remedial and disciplinary action, including suspension and loss of pay. The remaining allegations are under assessment''. (19) As of October 21, 2015, there have been at least 9 Israelis killed and dozens more injured in at least 44 violent attacks in Israel and the Palestinian territories since September 13, 2015. SEC. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended by striking subsection (c) and inserting the following new subsection: ``(c)(1) Withholding.--Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise), may be provided only during a period for which a certification described in paragraph (2) is in effect. ``(2) Certification.--A certification described in this paragraph is a written determination by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefore, that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA-- ``(i) is a member of a foreign terrorist organization; ``(ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or ``(iii) has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; ``(B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a foreign terrorist organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or as an access point to any underground tunnel network, or any other purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; ``(D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; ``(E) no recipient of UNRWA funds or loans is a member of a foreign terrorist organization; and ``(F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. ``(3) Definitions.--In this section: ``(A) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Oversight and Government Reform of the House of Representatives; and ``(ii) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(B) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(4) Effective Duration of Certification.--The certification described in paragraph (2) shall be effective for a period of 180 days from the date of transmission to the appropriate congressional committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the appropriate congressional committees a description of any information that precludes the renewal or continuation of the certification. ``(5) Limitation.--During a period for which a certification described in paragraph (2) is in effect, the United States may not contribute to UNRWA or a successor entity an amount on an annual basis that-- ``(A) is greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States for the same year; ``(B) as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or ``(C) exceeds 22 percent of the total budget of UNRWA.''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President and the Secretary of State should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 3 of this Act); (2) citizens of recognized states should be removed from UNRWA's jurisdiction; (3) UNRWA's definition of a ``Palestine refugee'' should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees; and (4) in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees.

UNRWA Anti-Incitement and Anti-Terrorism Act This bill amends the Foreign Assistance Act of 1961 to withhold U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity, or to the regular budget of the United Nations (U.N.) for the support of UNRWA or a successor entity, unless the Department of State certifies to Congress that: no UNRWA official, employee, representative, or affiliate is a member of a foreign terrorist organization, has propagated anti-American, anti-Israel, or anti-Semitic rhetoric, or has used UNRWA resources to propagate political materials regarding the Israeli-Palestinian conflict; no UNRWA facility is used by a foreign terrorist organization; no UNRWA school uses educational materials that propagates anti-American, anti-Israel, or anti-Semitic rhetoric; no recipient of UNRWA funds or loans is a member of a foreign terrorist organization; UNRWA is subject to auditing oversight; and UNRWA holds no accounts or other affiliations with financial institutions deemed by the United States to be complicit in money laundering and terror financing. U.S. contributions to UNRWA are limited during the period for which a certification is in effect. It is the sense of Congress that: the President and the Department should lead a diplomatic effort to encourage other nations to withhold contributions to UNRWA, or to the regular budget of the U.N. for the support of UNRWA, until UNRWA has met these conditions; citizens of recognized states should be removed from UNRWA's jurisdiction; UNRWA's definition of a "Palestine refugee" should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees (UNHCR); and responsibility for the Palestinian refugees should be fully transferred to UNHCR.

UNRWA Anti-Incitement and Anti-Terrorism Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collections of Information Antipiracy Act''. SEC. 2. MISAPPROPRIATION OF COLLECTIONS OF INFORMATION. Title 17, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 12--MISAPPROPRIATION OF COLLECTIONS OF INFORMATION ``Sec. ``1201. Definitions. ``1202. Prohibition against misappropriation. ``1203. Permitted acts. ``1204. Exclusions. ``1205. Relationship to other laws. ``1206. Civil remedies. ``1207. Criminal offenses and penalties. ``1208. Limitations on actions. ``Sec. 1201. Definitions ``As used in this chapter: ``(1) Collection of information.--The term `collection of information' means information that has been collected and has been organized for the purpose of bringing discrete items of information together in one place or through one source so that users may access them. ``(2) Information.--The term `information' means facts, data, works of authorship, or any other intangible material capable of being collected and organized in a systematic way. ``(3) Potential market.--The term `potential market' means any market that a person claiming protection under section 1202 has current and demonstrable plans to exploit or that is commonly exploited by persons offering similar products or services incorporating collections of information. ``(4) Commerce.--The term `commerce' means all commerce which may be lawfully regulated by the Congress. ``(5) Product or service.--A product or service incorporating a collection of information does not include a product or service incorporating a collection of information gathered, organized, or maintained to address, route, forward, transmit, or store digital online communications or provide or receive access to connections for digital online communications. ``Sec. 1202. Prohibition against misappropriation ``Any person who extracts, or uses in commerce, all or a substantial part, measured either quantitatively or qualitatively, of a collection of information gathered, organized, or maintained by another person through the investment of substantial monetary or other resources, so as to cause harm to the actual or potential market of that other person, or a successor in interest of that other person, for a product or service that incorporates that collection of information and is offered or intended to be offered for sale or otherwise in commerce by that other person, or a successor in interest of that person, shall be liable to that person or successor in interest for the remedies set forth in section 1206. ``Sec. 1203. Permitted acts ``(a) Individual Items of Information and Other Insubstantial Parts.--Nothing in this chapter shall prevent the extraction or use of an individual item of information, or other insubstantial part of a collection of information, in itself. An individual item of information, including a work of authorship, shall not itself be considered a substantial part of a collection of information under section 1202. Nothing in this subsection shall permit the repeated or systematic extraction or use of individual items or insubstantial parts of a collection of information so as to circumvent the prohibition contained in section 1202. ``(b) Gathering or Use of Information Obtained Through Other Means.--Nothing in this chapter shall restrict any person from independently gathering information or using information obtained by means other than extracting it from a collection of information gathered, organized, or maintained by another person through the investment of substantial monetary or other resources. ``(c) Use of Information for Verification.--Nothing in this chapter shall restrict any person from extracting information, or from using information within any entity or organization, for the sole purpose of verifying the accuracy of information independently gathered, organized, or maintained by that person. Under no circumstances shall the information so extracted or used be made available to others in a manner that harms the actual or potential market for the collection of information from which it is extracted or used. ``(d) Nonprofit Educational, Scientific, or Research Uses.--Nothing in this chapter shall restrict any person from extracting or using information for nonprofit educational, scientific, or research purposes in a manner that does not harm the actual or potential market for the product or service referred to in section 1202. ``(e) News Reporting.--Nothing in this chapter shall restrict any person from extracting or using information for the sole purpose of news reporting, including news gathering, dissemination, and comment, unless the information so extracted or used is time sensitive, has been gathered by a news reporting entity for distribution to a particular market, and has not yet been distributed to that market, and the extraction or use is part of a consistent pattern engaged in for the purpose of direct competition in that market. ``(f) Transfer of Copy.--Nothing in this chapter shall restrict the owner of a particular lawfully made copy of all or part of a collection of information from selling or otherwise disposing of the possession of that copy. ``Sec. 1204. Exclusions ``(a) Government Collections of Information.-- ``(1) Exclusion.--Protection under this chapter shall not extend to collections of information gathered, organized, or maintained by or for a government entity, whether Federal, State, or local, including any employee or agent of such entity, or any person exclusively licensed by such entity, within the scope of the employment, agency, or license. Nothing in this subsection shall preclude protection under this chapter for information gathered, organized, or maintained by such an agent or licensee that is not within the scope of such agency or license, or by a Federal or State educational institution in the course of engaging in education or scholarship. ``(2) Exception.--The exclusion under paragraph (1) does not apply to any information required to be collected and disseminated-- ``(A) under the Securities Exchange Act of 1934 by a national securities exchange, a registered securities association, or a registered securities information processor, subject to section 1205(g) of this title; or ``(B) under the Commodity Exchange Act by a contract market, subject to section 1205(g) of this title. ``(b) Computer Programs.-- ``(1) Protection not extended.--Subject to paragraph (2), protection under this chapter shall not extend to computer programs, including, but not limited to, any computer program used in the manufacture, production, operation, or maintenance of a collection of information, or any element of a computer program necessary to its operation. ``(2) Incorporated collections of information.--A collection of information that is otherwise subject to protection under this chapter is not disqualified from such protection solely because it is incorporated into a computer program. ``Sec. 1205. Relationship to other laws ``(a) Other Rights Not Affected.--Subject to subsection (b), nothing in this chapter shall affect rights, limitations, or remedies concerning copyright, or any other rights or obligations relating to information, including laws with respect to patent, trademark, design rights, antitrust, trade secrets, privacy, access to public documents, and the law of contract. ``(b) Preemption of State Law.--On or after the effective date of this chapter, all rights that are equivalent to the rights specified in section 1202 with respect to the subject matter of this chapter shall be governed exclusively by Federal law, and no person is entitled to any equivalent right in such subject matter under the common law or statutes of any State. State laws with respect to trademark, design rights, antitrust, trade secrets, privacy, access to public documents, and the law of contract shall not be deemed to provide equivalent rights for purposes of this subsection. ``(c) Relationship to Copyright.--Protection under this chapter is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection or limitation, including, but not limited to, fair use, in any work of authorship that is contained in or consists in whole or part of a collection of information. This chapter does not provide any greater protection to a work of authorship contained in a collection of information, other than a work that is itself a collection of information, than is available to that work under any other chapter of this title. ``(d) Antitrust.--Nothing in this chapter shall limit in any way the constraints on the manner in which products and services may be provided to the public that are imposed by Federal and State antitrust laws, including those regarding single suppliers of products and services. ``(e) Licensing.--Nothing in this chapter shall restrict the rights of parties freely to enter into licenses or any other contracts with respect to the use of collections of information. ``(f) Communications Act of 1934.--Nothing in this chapter shall affect the operation of the provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.), or shall restrict any person from extracting or using subscriber list information, as such term is defined in section 222(f)(3) of the Communications Act of 1934 (47 U.S.C. 222(f)(3)), for the purpose of publishing telephone directories in any format. ``(g) Securities Exchange Act of 1934 and Commodity Exchange Act.-- Nothing in this chapter shall affect-- ``(1) the operation of the provisions of the Securities Exchange Act of 1934 (15 U.S.C. 58a et seq.) or the Commodity Exchange Act (7 U.S.C. 1 et seq.); ``(2) the public nature of information with respect to quotations for and transactions in securities that is collected, processed, distributed, or published pursuant to the requirements of the Securities Exchange Act of 1934; ``(3) the obligations of national securities exchanges, registered securities associations, or registered information processors under the Securities Exchange Act of 1934; or ``(4) the jurisdiction or authority of the Securities and Exchange Commission or the Commodity Futures Trading Commission. ``Sec. 1206. Civil remedies ``(a) Civil Actions.--Any person who is injured by a violation of section 1202 may bring a civil action for such a violation in an appropriate United States district court without regard to the amount in controversy, except that any action against a State governmental entity may be brought in any court that has jurisdiction over claims against such entity. ``(b) Temporary and Permanent Injunctions.--Any court having jurisdiction of a civil action under this section shall have the power to grant temporary and permanent injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent a violation of section 1202. Any such injunction may be served anywhere in the United States on the person enjoined, and may be enforced by proceedings in contempt or otherwise by any United States district court having jurisdiction over that person. ``(c) Impoundment.--At any time while an action under this section is pending, the court may order the impounding, on such terms as it deems reasonable, of all copies of contents of a collection of information extracted or used in violation of section 1202, and of all masters, tapes, disks, diskettes, or other articles by means of which such copies may be reproduced. The court may, as part of a final judgment or decree finding a violation of section 1202, order the remedial modification or destruction of all copies of contents of a collection of information extracted or used in violation of section 1202, and of all masters, tapes, disks, diskettes, or other articles by means of which such copies may be reproduced. ``(d) Monetary Relief.--When a violation of section 1202 has been established in any civil action arising under this section, the plaintiff shall be entitled to recover any damages sustained by the plaintiff and defendant's profits not taken into account in computing the damages sustained by the plaintiff. The court shall assess such profits or damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's gross revenue only; defendant must prove all elements of cost or deduction claims. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. The court in its discretion may award reasonable costs and attorney's fees to the prevailing party and shall award such costs and fees where it determines that an action was brought under this chapter in bad faith against a nonprofit educational, scientific, or research institution, library, or archives, or an employee or agent of such an entity, acting within the scope of his or her employment. ``(e) Reduction or Remission of Monetary Relief for Nonprofit Educational, Scientific, or Research Institutions.--The court shall reduce or remit entirely monetary relief under subsection (d) in any case in which a defendant believed and had reasonable grounds for believing that his or her conduct was permissible under this chapter, if the defendant was an employee or agent of a nonprofit educational, scientific, or research institution, library, or archives acting within the scope of his or her employment. ``(f) Actions Against United States Government.--Subsections (b) and (c) shall not apply to any action against the United States Government. ``(g) Relief Against State Entities.--The relief provided under this section shall be available against a State governmental entity to the extent permitted by applicable law. ``Sec. 1207. Criminal offenses and penalties ``(a) Violation.-- ``(1) In general.--Any person who violates section 1202 willfully, and-- ``(A) does so for direct or indirect commercial advantage or financial gain; or ``(B) causes loss or damage aggregating $10,000 or more in any 1-year period to the person who gathered, organized, or maintained the information concerned, shall be punished as provided in subsection (b). ``(2) Inapplicability.--This section shall not apply to an employee or agent of a nonprofit educational, scientific, or research institution, library, or archives acting within the scope of his or her employment. ``(b) Penalties.--An offense under subsection (a) shall be punishable by a fine of not more than $250,000 or imprisonment for not more than 5 years, or both. A second or subsequent offense under subsection (a) shall be punishable by a fine of not more than $500,000 or imprisonment for not more than 10 years, or both. ``Sec. 1208. Limitations on actions ``(a) Criminal Proceedings.--No criminal proceeding shall be maintained under this chapter unless it is commenced within three years after the cause of action arises. ``(b) Civil Actions.--No civil action shall be maintained under this chapter unless it is commenced within three years after the cause of action arises or claim accrues. ``(c) Additional Limitation.--No criminal or civil action shall be maintained under this chapter for the extraction or use of all or a substantial part of a collection of information that occurs more than 15 years after the investment of resources that qualified the portion of the collection of information for protection under this chapter that is extracted or used.''. SEC. 3. CONFORMING AMENDMENT. The table of chapters for title 17, United States Code, is amended by adding at the end the following: ``12. Misappropriation of Collections of Information........ 1201''. SEC. 4. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE. (a) District Court Jurisdiction.--Section 1338 of title 28, United States Code, is amended-- (1) in the section heading by inserting ``misappropriations of collections of information,'' after ``trade-marks,''; and (2) by adding at the end the following: ``(d) The district courts shall have original jurisdiction of any civil action arising under chapter 12 of title 17, relating to misappropriation of collections of information. Such jurisdiction shall be exclusive of the courts of the States, except that any action against a State governmental entity may be brought in any court that has jurisdiction over claims against such entity.''. (b) Conforming Amendment.--The item relating to section 1338 in the table of sections for chapter 85 of title 28, United States Code, is amended by inserting ``misappropriations of collections of information,'' after ``trade-marks,''. (c) Court of Federal Claims Jurisdiction.--Section 1498(e) of title 28, United States Code, is amended by inserting ``and to protections afforded collections of information under chapter 12 of title 17'' after ``chapter 9 of title 17''. SEC. 5. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply to acts committed on or after that date. (b) Prior Acts Not Affected.--No person shall be liable under chapter 12 of title 17, United States Code, as added by section 2 of this Act, for the use of information lawfully extracted from a collection of information prior to the effective date of this Act, by that person or by that person's predecessor in interest. Passed the House of Representatives May 19, 1998. Attest: ROBIN H. CARLE, Clerk.

Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity or to computer programs. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the investment of resources that qualified the information for protection.

Collections of Information Antipiracy Act

TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION SEC. 101. SHORT TITLE. This title may be cited as the ``Protecting States' Rights to Promote American Energy Security Act''. SEC. 102. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION. The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: ``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION. ``(a) In General.--The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity. ``(b) State Authority.--The Department of the Interior shall recognize and defer to State regulations, permitting, and guidance, for all activities related to hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on Federal land. ``(c) Transparency of State Regulations.-- ``(1) In general.--Each State shall submit to the Bureau of Land Management a copy of its regulations that apply to hydraulic fracturing operations on Federal land. ``(2) Availability.--The Secretary of the Interior shall make available to the public State regulations submitted under this subsection. ``(d) Transparency of State Disclosure Requirements.-- ``(1) In general.--Each State shall submit to the Bureau of Land Management a copy of any regulations of the State that require disclosure of chemicals used in hydraulic fracturing operations on Federal land. ``(2) Availability.--The Secretary of the Interior shall make available to the public State regulations submitted under this subsection. ``(e) Hydraulic Fracturing Defined.--In this section the term `hydraulic fracturing' means the process by which fracturing fluids (or a fracturing fluid system) are pumped into an underground geologic formation at a calculated, predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil.''. SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study examining the economic benefits of domestic shale oil and gas production resulting from the process of hydraulic fracturing. This study will include identification of-- (1) State and Federal revenue generated as a result of shale gas production; (2) jobs created both directly and indirectly as a result of shale oil and gas production; and (3) an estimate of potential energy prices without domestic shale oil and gas production. (b) Report.--The Comptroller General shall submit a report on the findings of such study to the Committee on Natural Resources of the House of Representatives within 30 days after completion of the study. SEC. 104. TRIBAL AUTHORITY ON TRUST LAND. The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding the process of hydraulic fracturing (as that term is defined in section 44 of the Mineral Leasing Act, as amended by section 102 of this Act), or any component of that process, relating to oil, gas, or geothermal production activities on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. TITLE II--EPA HYDRAULIC FRACTURING RESEARCH SEC. 201. SHORT TITLE. This title may be cited as the ``EPA Hydraulic Fracturing Study Improvement Act''. SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH. In conducting its study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued under Federal Register Vol. 77, No. 218, the Administrator of the Environmental Protection Agency shall adhere to the following requirements: (1) Peer review and information quality.--Prior to issuance and dissemination of any final report or any interim report summarizing the Environmental Protection Agency's research on the relationship between hydraulic fracturing and drinking water, the Administrator shall-- (A) consider such reports to be Highly Influential Scientific Assessments and require peer review of such reports in accordance with guidelines governing such assessments, as described in-- (i) the Environmental Protection Agency's Peer Review Handbook 3rd Edition; (ii) the Environmental Protection Agency's Scientific Integrity Policy, as in effect on the date of enactment of this Act; and (iii) the Office of Management and Budget's Peer Review Bulletin, as in effect on the date of enactment of this Act; and (B) require such reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the Environmental Protection Agency's Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by the Office of Management and Budget under section 515(a) of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Public Law 106-554). (2) Probability, uncertainty, and consequence.--In order to maximize the quality and utility of information developed through the study, the Administrator shall ensure that identification of the possible impacts of hydraulic fracturing on drinking water resources included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact, taking into account the risk management practices of States and industry. Estimates or descriptions of probability, uncertainty, and consequence shall be as quantitative as possible given the validity, accuracy, precision, and other quality attributes of the underlying data and analyses, but no more quantitative than the data and analyses can support. (3) Release of final report.--The final report shall be publicly released by September 30, 2016. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. REVIEW OF STATE ACTIVITIES. The Secretary of the Interior shall annually review and report to Congress on all State activities relating to hydraulic fracturing. Passed the House of Representatives November 20, 2013. Attest: KAREN L. HAAS, Clerk.

Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including any component of that process), relating to oil, gas, or geothermal production activities on or under any land in any state that has regulations, guidance, or permit requirements for that activity. Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil. Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land. Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land. Directs the Secretary of the Interior to make such state regulations available to the public. (Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production. (Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. Title II: EPA Hydraulic Fracturing Research - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to: prior to issuance and dissemination of any final or interim report summarizing EPA research on such relationship, consider such reports to be Highly Influential Scientific Assessments requiring peer review in accordance with specified EPA and Office of Management and Budget (OMB) policy documents; require the reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the EPA's Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by OMB under the Treasury and General Government Appropriations Act for Fiscal Year 2001; and ensure that identification of the possible impacts included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact. Requires public release of the final report by September 30, 2016. Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing.

Protecting States' Rights to Promote American Energy Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Foreign Propaganda and Disinformation Act of 2016''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) foreign governments, including the Governments of the Russian Federation and the People's Republic of China, use disinformation and other propaganda tools to undermine the national security objectives of the United States and key allies and partners; (2) the Russian Federation, in particular, has conducted sophisticated and large-scale disinformation campaigns that have sought to have a destabilizing effect on United States allies and interests; (3) in the last decade disinformation has increasingly become a key feature of the Government of the Russian Federation's pursuit of political, economic, and military objectives in Ukraine, Moldova, Georgia, the Balkans, and throughout Central and Eastern Europe; (4) the challenge of countering disinformation extends beyond effective strategic communications and public diplomacy, requiring a whole-of-government approach leveraging all elements of national power; (5) the United States Government should develop a comprehensive strategy to counter foreign disinformation and propaganda and assert leadership in developing a fact-based strategic narrative; and (6) an important element of this strategy should be to protect and promote a free, healthy, and independent press in countries vulnerable to foreign disinformation. SEC. 3. CENTER FOR INFORMATION ANALYSIS AND RESPONSE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Secretary of Defense, the Director of National Intelligence, the Broadcasting Board of Governors, and other relevant departments and agencies, establish a Center for Information Analysis and Response (in this section referred to as the ``Center''). The purposes of the Center are-- (1) to lead and coordinate the collection and analysis of information on foreign government information warfare efforts, including information provided by recipients of information access fund grants awarded under subsection (e) and other sources; (2) to establish a framework for the integration of critical data and analysis on foreign propaganda and disinformation efforts into the development of national strategy; and (3) to develop, plan, and synchronize, in coordination with the Secretary of Defense, the Director of National Intelligence, the Broadcasting Board of Governors, and other relevant departments and agencies, whole-of-government initiatives to expose and counter foreign information operations directed against United States national security interests and proactively advance fact-based narratives that support United States allies and interests. (b) Functions.--The Center shall carry out the following functions: (1) Integrating interagency efforts to track and evaluate counterfactual narratives abroad that threaten the national security interests of the United States and United States allies. (2) Collecting, integrating, and analyzing relevant information, including intelligence reporting, data, analysis, and analytics from United States Government agencies, allied nations, think-tanks, academic institutions, civil society groups, and other nongovernmental organizations. (3) Developing and disseminating fact-based narratives and analysis to counter propaganda and disinformation directed at United States allies and partners. (4) Identifying current and emerging trends in foreign propaganda and disinformation, including the use of print, broadcast, online and social media, support for third-party outlets such as think tanks, political parties, and nongovernmental organizations, and the use of covert or clandestine special operators and agents to influence targeted populations and governments in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign misinformation and disinformation and proactively promote fact-based narratives and policies to audiences outside the United States. (5) Facilitating the use of a wide range of technologies and techniques by sharing expertise among agencies, seeking expertise from external sources, and implementing best practices. (6) Identifying gaps in United States capabilities in areas relevant to the Center's mission and recommending necessary enhancements or changes. (7) Identifying the countries and populations most susceptible to foreign government propaganda and disinformation. (8) Administering the information access fund established pursuant to subsection (e). (9) Coordinating with allied and partner nations, particularly those frequently targeted by foreign disinformation operations, and international organizations and entities such as the NATO Center of Excellence on Strategic Communications, the European Endowment for Democracy, and the European External Action Service Task Force on Strategic Communications, in order to amplify the Center's efforts and avoid duplication. (c) Composition.-- (1) Coordinator.--The Secretary of State shall appoint a full-time Coordinator to lead the Center. (2) Steering committee.-- (A) Composition.--The Secretary of State shall establish a Steering Committee composed of senior representatives of agencies relevant to the Center's mission to provide advice to the Secretary on the operations and strategic orientation of the Center and to ensure adequate support for the Center. The Steering Committee shall include the officials set forth in subparagraph (C), one senior representative designated by the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Director of National Intelligence, the Administrator of the United States Agency for International Development, and the Chairman of the Broadcasting Board of Governors. (B) Meetings.--The Steering Committee shall meet not less than every 3 months. (C) Chairman and vice chairmen.--The Steering Committee shall be chaired by the Under Secretary of State for Political Affairs. A senior, Secretary of State-designated official responsible for digital media programming for foreign audiences and a senior, Secretary of Defense-designated official responsible for information operations shall serve as co-Vice Chairmen. (D) Executive secretary.--The Coordinator of the Center shall serve as Executive Secretary of the Steering Committee. (E) Participation and independence.--The Chairman of the Broadcasting Board of Governors shall not compromise the journalistic freedom or integrity of relevant media organizations. Other Federal agencies may be invited to participate in the Steering Committee at the discretion of the Chairman of the Steering Committee and with the consent of the Secretary of State. (d) Staff.-- (1) In general.--The Chairman may, with the consent of the Secretary and without regard to the civil service laws and regulations, appoint and terminate a Director and such other additional personnel as may be necessary to enable the Center to carry out its functions. The employment of the Director shall be subject to confirmation by the Steering Committee. (2) Compensation.--The Chairman may fix the compensation of the Director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (3) Detail of government employees.--Any Federal Government employee may be detailed to the Center without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Procurement of temporary and intermittent services.-- The Chairman may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (e) Information Access Fund.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of State for fiscal years 2017 and 2018 $20,000,000 to support the Center and provide grants or contracts of financial support to civil society groups, journalists, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes: (A) To support local independent media who are best placed to refute foreign disinformation and manipulation in their own communities. (B) To collect and store examples in print, online, and social media, disinformation, misinformation, and propaganda directed at the United States and its allies and partners. (C) To analyze tactics, techniques, and procedures of foreign government information warfare with respect to disinformation, misinformation, and propaganda. (D) To support efforts by the Center to counter efforts by foreign governments to use disinformation, misinformation, and propaganda to influence the policies and social and political stability of the United States and United States allies and partners. (2) Funding availability and limitations.--All organizations that apply to receive funds under this subsection must undergo a vetting process in accordance with the relevant existing regulations to ensure their bona fides, capability, and experience, and their compatibility with United States interests and objectives. SEC. 4. INCLUSION IN DEPARTMENT OF STATE EDUCATION AND CULTURAL EXCHANGE PROGRAMS OF FOREIGN STUDENTS AND COMMUNITY LEADERS FROM COUNTRIES AND POPULATIONS SUSCEPTIBLE TO FOREIGN MANIPULATION. When selecting participants for United States educational and cultural exchange programs, the Secretary of State shall give special consideration to students and community leaders from populations and countries the Secretary deems vulnerable to foreign propaganda and disinformation campaigns. SEC. 5. REPORTS. Not more than one year after the establishment of the Center, the Secretary of State shall submit to Congress a report evaluating the success of the Center in fulfilling the purposes for which it was authorized and outlining steps to improve any areas of deficiency. SEC. 6. TERMINATION OF CENTER AND STEERING COMMITTEE. The Center for Information Analysis and Response and the Steering Committee shall terminate ten years after the date of the enactment of this Act.

Countering Foreign Propaganda and Disinformation Act of 2016 This bill expresses the sense of Congress that: foreign governments, including the governments of the Russian Federation and China, use disinformation and other propaganda tools to undermine the national security objectives of the United States and key allies and partners; the U.S. government should develop a comprehensive strategy to counter foreign disinformation and propaganda and assert leadership in developing a fact-based strategic narrative; and an important element of this strategy should be to promote an independent press in countries that are vulnerable to foreign disinformation. The Department of State shall establish a Center for Information Analysis and Response to: lead and coordinate the collection and analysis of information on foreign government information warfare efforts; establish a framework for the integration of critical data and analysis on foreign propaganda and disinformation efforts into the development of national strategy; and develop and synchronize government initiatives to expose and counter foreign information operations directed against U.S. national security interests and advance fact-based narratives that support U.S. allies and interests. When selecting participants for U.S. educational and cultural exchange programs, special consideration shall be given to students and community leaders from populations and countries deemed vulnerable to foreign propaganda and disinformation campaigns.

Countering Foreign Propaganda and Disinformation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fairness and Stability Act''. SEC. 2. SHIFT IN THE COLLECTION OF THE PAYMENT FOR THE TRANSITIONAL REINSURANCE PROGRAM. (a) In General.--Section 1341(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18061(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``beginning on January 1, 2018,'' after ``required to make payments''; and (ii) by striking ``any plan year beginning in the 3-year period'' and all that follows through the end and inserting ``payments made under subparagraph (C) (as specified in paragraph (3));''; (B) in subparagraph (B), by striking ``and uses'' and all that follows through the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) the applicable reinsurance entity makes reinsurance payments to health insurance issuers described in subparagraph (A) that cover high risk individuals in the individual market (excluding grandfathered health plans) for any plan year beginning in the 3-year period beginning January 1, 2014, in an aggregate amount of up to the total of the aggregate contribution amounts described in paragraph (3)(B)(iv), subject to paragraph (4).''; (2) in paragraph (2), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(C)''; (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``2014'' and inserting ``2018''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``administrative'' and inserting ``operational''; (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iii) by inserting after clause (ii), the following: ``(iii) the aggregate contribution amount for all States shall be based on the total amount of reinsurance payments made under paragraph (1)(C);''; (iv) by striking clause (iv), as so redesignated, and inserting the following: ``(iv) the aggregate contribution amount collected under clause (iii) shall, without regard to amounts described in clause (ii), be limited to $10,000,000,000 based on the plan years beginning in 2014, $6,000,000,000 based on the plan years beginning in 2015, and $4,000,000,000 based on the plan years beginning in 2016;''; (v) in clause (v), as so redesignated, by striking ``clause (iii)'' each place that such term appears and inserting ``clause (iv)''; and (vi) by inserting after clause (v), the following: ``(vi) in addition to the contribution amounts under clauses (iii), (iv), and (v), each issuer's contribution amount-- ``(I) shall reflect its proportionate share of an additional $20,300,000 for operational expenses for reinsurance payments for calendar year 2014 and for reinsurance collections for calendar year 2018; ``(II) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2015 and for reinsurance collections for calendar year 2019; and ``(III) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2016 and for reinsurance collections for calendar year 2020; and ``(vii) collection of the contribution amounts provided for in clauses (ii) through (vi) shall be initiated-- ``(I) for calendar year 2014, not earlier than January 1, 2018; ``(II) for calendar year 2015, not earlier than January 1, 2019; and ``(III) for calendar year 2016, not earlier than January 1, 2020.''; (4) in paragraph (4)-- (A) in subparagraph (A)-- (i) by striking ``contribution amounts collected for any calendar year'' and inserting ``amount provided under paragraph (5) for reinsurance payments described in paragraph (1)(C)''; and (ii) by striking ``; and'' and inserting a period; (B) by striking subparagraph (B); (C) by striking ``that--'' and all that follows through ``the contribution'' in subparagraph (A) and inserting ``that the contribution''; and (D) in the flush matter at the end, by striking ``paragraph (3)(B)(iv)'' and inserting the following: ``paragraph (3)(B)(v) and any amounts collected under clause (ii) of paragraph (3)(B) that, when combined with the funding provided for under paragraph (5), exceed the aggregate amount permitted for making the reinsurance payments described in paragraph (1)(C) and to fund the operational expenses of applicable reinsurance entities,''; and (5) by adding at the end the following: ``(5) Funding.--To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, an amount equal to the aggregate amount to be collected for plan years beginning in 2014 set forth in paragraph (3)(B)(iv) for reinsurance payments described in paragraph (1)(C), and an amount equal to the contribution amounts set forth in paragraph (3)(B)(vi) to fund operational expenses of applicable reinsurance entities.''. (b) Rule of Construction.--Nothing in the amendments made by this section shall be construed to increase the amount of payments to be collected under subsection (b)(1)(A) or to decrease the amount of the reinsurance payments to be made under subsection (b)(1)(C) of section 1341 of the Patient Protection and Affordable Care Act (42 U.S.C. 18061). (c) Medical Loss Ratio.--The Secretary of Health and Human Services shall promulgate regulations or guidance to ensure that health insurance issuers reflect changes made in section 1341 of the Patient Protection and Affordable Care Act with section 2718 of the Public Health Service Act (42 U.S.C. 300gg-18) and sections 1342 and 1312(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18063 and 18032(c)).

Health Care Fairness and Stability Act - Amends the Patient Protection and Affordable Care Act (PPACA) to provide a temporary shift in the scheduled collection of payments for the transitional reinsurance program intended to help stabilize premiums for coverage in the individual health insurance markets from 2014 through 2016. Amends PPACA to delay the collection of reinsurance payments from health insurance issuers and third party administrators of certain self-insured group health plans until January 1, 2018. Amends PPACA to change the formula for determining the amount of contributions collected for payments to health insurance issuers that cover high risk individuals in the individual market.  

Health Care Fairness and Stability Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Restoring the Integrity of American Statistics Act of 2008''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. United States Census Bureau. Sec. 5. Director. Sec. 6. Deputy Director. Sec. 7. Transfers. Sec. 8. Transition rules. Sec. 9. Inspector General. Sec. 10. Technical and conforming amendments. SEC. 2. FINDINGS. The Congress finds the following: (1) It is the policy of the United States to provide statistics to the public and to the Government that are accurate, timely, relevant to public purposes, and credible in that they are collected impartially and are available to all. (2) Pursuant to section 2 of article I of the Constitution, it is the obligation of the United States to conduct a census of population every 10 years, such census being necessary to the basic workings of our representative democracy. (3) Knowledge of who we are as a people is basic to informed policymaking, public edification, and scientific research, and, therefore, there should be regularly conducted a census of the economy and the collection of other relevant information on the population and economy of the United States at appropriate intervals between censuses. (4) In all of the data collections envisioned in title 13, United States Code, it is fundamentally important that data be collected in an impartial manner, using modern statistical, computational, and operational methods to the fullest extent possible, consonant with applicable law. (5) The credibility and impartiality of data from a Federal statistical agency depends critically on whether the agency operates from a strong position of independence; therefore, the authority for conducting the decennial census of population and any economic or other censuses or surveys should be vested in an agency with a clear and well-defined position of independence. (6) In addition to a formal, strong position of independence, the operating principles of the agency (as described in paragraph (5)) should include-- (A) openness about the sources and limitations of the data provided; (B) dissemination of data as widely as possible, according to published schedules for release of key statistics; (C) continual search for the development of more useful data, in terms of cost-effectiveness, accuracy, timeliness, and relevance to public purposes; (D) regular evaluation of major data collection programs to identify ways to improve their cost- effectiveness, accuracy, timeliness, and relevance; (E) commitment to quality and professional standards of practice as a statistical agency; (F) fair treatment of data providers, including individuals and organizations, with respect for privacy and the protection of confidential information; (G) maintenance of an active research program, not only in methodology and operations, but also in using data for reporting of conditions and trends; and (H) cooperation and coordination with other statistical agencies. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Census Bureau'' means the United States Census Bureau; (2) the term ``Director'' means the Director of the United States Census Bureau; (3) the term ``Deputy Director'' means the Deputy Director of the United States Census Bureau; and (4) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. SEC. 4. UNITED STATES CENSUS BUREAU. Effective January 1, 2012, there is established, as an independent establishment in the executive branch of the Government, the United States Census Bureau. SEC. 5. DIRECTOR. (a) In General.--There shall be at the head of the Census Bureau a Director of the United States Census Bureau, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of the office of Director. (b) Term of Office.--The term of office of any individual appointed as Director shall be 5 years. In any case in which a successor does not take office at the end of a Director's term, such Director may continue in office until the entry upon office of such a successor, except that such Director may not continue to serve for more than 1 year after the date on which the term of the Director would otherwise expire, unless reappointed. A Director appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term. An individual serving in the office of Director may be removed from office only pursuant to a finding by the President of neglect of duty or malfeasance in office. The President shall communicate the reasons for any such removal to each House of the Congress. (c) Functions.--The Director shall be responsible for the exercise of all powers and the discharge of all duties of the Census Bureau, and shall have authority and control over all personnel and activities thereof. (d) Organization.--The Director may establish, alter, consolidate, or discontinue such organizational units or components within the Census Bureau as the Director considers necessary or appropriate, except that this subsection shall not apply with respect to any unit or component provided for by law. (e) Advisory Committees.--The Director may establish advisory committees to provide advice with respect to any function of the Director. Members of any such committee shall serve without compensation, but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5, United States Code. (f) Regulations.--The Director may prescribe such rules and regulations as the Director considers necessary or appropriate to carry out the functions of the Director. (g) Delegations etc.--The Director may assign duties, and delegate, or authorize successive redelegations of, authority to act and to render decisions, to such officers and employees of the Census Bureau as the Director may find necessary. Within the limitations of such assignments, delegations, or redelegations, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Director. An assignment, delegation, or redelegation under this subsection may not take effect before the date on which notice of such assignment, delegation, or redelegation (as the case may be) is published in the Federal Register. (h) Other Authorities.-- (1) Personnel.--Notwithstanding any other provision of law, the Director, in carrying out the functions of the Director or the Census Bureau, may use the services of officers and other personnel in other Federal agencies, including personnel of the armed forces, with the consent of the head of the agency concerned. (2) Voluntary services.--Notwithstanding section 1342 of title 31, United States Code, or any other provision of law, the Director may accept and use voluntary and uncompensated services. (i) Compensation.--Level IV of the Executive Schedule under section 5315 of title 5, United States Code, applies with respect to the office of Director. SEC. 6. DEPUTY DIRECTOR. (a) In General.--There shall be in the Census Bureau a Deputy Director of the United States Census Bureau, who shall be appointed by and serve at the pleasure of the Director. The position of Deputy Director shall be a career reserved position within the meaning of section 3132(a)(8) of title 5, United States Code. (b) Functions.--The Deputy Director shall perform such functions as the Director shall designate. During any absence or disability of the Director, the Deputy Director shall act as Director. In the event of a vacancy in the office of Director, the Deputy Director shall act as Director until a Director is appointed. SEC. 7. TRANSFERS. (a) Functions.--There shall be transferred to and vested in the Director all functions that, as of December 31, 2011, were-- (1) vested in the Secretary of Commerce by title 13, United States Code, Executive order, or any other provision of law; and (2) delegated to the Director of the Census within the Department of Commerce. (b) Personnel, Assets, etc.-- (1) In general.--There shall be transferred from the Department of Commerce to the Census Bureau, for appropriate allocation by the Director-- (A) the personnel employed in connection with the functions transferred by subsection (a); and (B) the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, or used in connection with such functions, arising from such functions, or available, or to be made available, in connection with such functions. (2) Unexpended funds.--Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally appropriated. (3) Employment protections.--During the 1-year period beginning on January 1, 2012-- (A) the transfer pursuant to this section of any full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such personnel to be separated or reduced in grade or compensation solely as a result of such transfer; and (B) any such personnel who were not employed in the Bureau of the Census in the Department of Commerce as of December 31, 2011, shall not be subject to directed reassignment to a duty station outside their commuting area. (c) Effective Date.--This section shall take effect on January 1, 2012. SEC. 8. TRANSITION RULES. (a) Relating to Officers.-- (1) Appointment of initial director.--The initial Director of the United States Census Bureau shall be appointed in accordance with the provisions of section 5(a). (2) Interim role of current director of the census after effective date of new census bureau.--If, as of January 1, 2012, the initial Director of the United States Census Bureau has not taken office, the officer serving on December 31, 2011, as Director of the Census (or Acting Director of the Census, if applicable) in the Department of Commerce shall serve as the Director of the United States Census Bureau, and shall assume the powers and duties of such Director, until the initial Director has taken office. (b) Continuation of Orders, Determinations, Rules, Regulations, etc.--All orders, determinations, rules, regulations, permits, contracts, collective bargaining agreements (and ongoing negotiations relating to such collective bargaining agreements), recognitions of labor organizations, certificates, licenses, and privileges-- (1) which have been issued, made, promulgated, granted, or allowed to become effective, in the exercise of functions (A) which were exercised by the Secretary of Commerce (or delegate thereof), and (B) which relate to functions which, by reason of this Act are vested in the Director of the United States Census Bureau, and (2) which are in effect as of December 31, 2011, shall continue in effect according to their terms until modified, terminated, suspended, set aside, or repealed by the Director of the United States Census Bureau, except that any collective bargaining agreement shall remain in effect until the date of termination in accordance with such agreement. (c) Continuation of Proceedings.--The provisions of this Act shall not affect any proceeding pending before the Secretary of Commerce (or delegate thereof) as of December 31, 2011, with respect to functions which (by reason of this Act) are vested in the Director of the United States Census Bureau, except that such proceedings, to the extent that such proceedings relate to such functions, shall continue before such Director. Orders shall be issued under any such proceeding, appeals taken therefrom, and payments shall be made pursuant to such orders, in like manner as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or repealed by such Director, by a court of competent jurisdiction, or by operation of law. (d) Continuation of Suits.--Except as provided in this subsection-- (1) the provisions of this Act shall not affect suits commenced before January 1, 2012; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. No cause of action, and no suit, action, or other proceeding commenced by or against any officer in such officer's official capacity as an officer of the Department of Commerce, shall abate by reason of the enactment of this Act. In any suit, action, or other proceeding pending as of December 31, 2011, the court or hearing officer may at any time, on the motion of the court or hearing officer or that of a party, enter an order which will give effect to the provisions of this subsection (including, where appropriate, an order for substitution of parties). (e) Continuation of Penalties.--This Act shall not have the effect of releasing or extinguishing any civil or criminal prosecution, penalty, forfeiture, or liability incurred as a result of any function which (by reason of this Act) is vested in the Director of the United States Census Bureau. (f) Judicial Review.--Orders and actions of the Director of the United States Census Bureau in the exercise of functions vested in such Director by reason of this Act shall be subject to judicial review to the same extent and in the same manner as if such orders had been made and such actions had been taken by the Secretary of Commerce in the exercise of such functions immediately before the transfer described in section 7(a). Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function so vested in such Director shall continue to apply to the exercise of such function by such Director. (g) Exercise of Functions.--In the exercise of the functions vested in the Director of the United States Census Bureau under this Act, such Director shall have the same authority as that vested in the Secretary of Commerce with respect to the exercise of such functions immediately preceding the vesting of such functions in such Director, and actions of such Director shall have the same force and effect as if exercised by such Secretary. SEC. 9. INSPECTOR GENERAL. (a) In General.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by striking ``or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code;'' and inserting ``the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; or the Director of the United States Census Bureau;''; and (2) in paragraph (2), by striking ``or the Commissions established under section 15301 of title 40, United States Code,'' and inserting ``the Commissions established under section 15301 of title 40, United States Code, or the United States Census Bureau,''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2012. SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. Not later than January 1, 2011, the Director of the Census shall submit to each House of the Congress draft legislation containing any technical and conforming amendments to title 13, United States Code, and any other provisions which may be necessary to carry out the purposes of this Act.

Restoring the Integrity of American Statistics Act of 2008 - Reestablishes the United States Census Bureau as an independent establishment in the executive branch, effective January 1, 2012. Requires the Bureau Director to be appointed by the President without regard to political affiliation for a five-year term. Provides for: (1) the transfer of functions, personnel, assets, and liabilities of the Bureau under the Department of Commerce; (2) transition rules; and (3) appointment of an Inspector General for the Bureau.

To make the Census Bureau an independent establishment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Generator Safety Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Portable generators are frequently used to provide electricity during temporary power outages. These generators use fuel-burning engines that emit carbon monoxide gas in their exhaust. (2) In the last several years, hundreds of people nationwide have been seriously injured or killed due to exposure to carbon monoxide poisoning from portable generators. From 2000 through 2006, at least 260 carbon monoxide poisoning deaths related to portable generator use were reported to the Consumer Product Safety Commission. In the last three months of 2006 alone, 32 carbon monoxide deaths were linked to generator use. (3) Virtually all of the serious injuries and deaths due to carbon monoxide from portable generators were preventable. In many instances, consumers simply were unaware of the hazards posed by carbon monoxide. (4) Since at least 1997, a priority of the Consumer Product Safety Commission has been to reduce injuries and deaths resulting from carbon monoxide poisoning. (5) On January 4, 2007, the Consumer Product Safety Commission adopted certain labeling standards for portable generators (section 1407 of title 16, Code of Federal Regulations), but such standards do not go far enough to reduce substantially the potential harm to consumers. (6) The issuance of mandatory safety standards and labeling requirements to warn consumers of the dangers associated with portable generator carbon monoxide would reduce the risk of injury or death. SEC. 3. SAFETY STANDARD: REQUIRING EQUIPMENT OF PORTABLE GENERATORS WITH CARBON MONOXIDE INTERLOCK SAFETY DEVICES. Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that-- (1) detects the level of carbon monoxide in the areas surrounding such portable generator; and (2) automatically turns off the portable generator before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people. SEC. 4. LABELING AND INSTRUCTION REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following: (1) Warning labels.--Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label in both English and Spanish on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word ``DANGER'' printed in a large font that is no smaller than 1 inch tall, and shall include the following information, at a minimum, presented in a clear manner: (A) Indoor use of a portable generator can kill quickly. (B) Portable generators should be used outdoors only and away from garages and open windows. (C) Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell. (2) Pictogram.--Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states ``POISONOUS GAS'' and visually depicts the harmful effects of breathing carbon monoxide. (3) Instruction manual.--The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements: (A) A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people. (B) A warning that people cannot smell, see, or taste carbon monoxide. (C) An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes. (D) An instruction never to operate portable generators inside homes, garages, sheds, or other semi- enclosed spaces, even if a person runs a fan or opens doors and windows. (E) A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor. SEC. 5. PUBLIC OUTREACH. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall establish a program of public outreach to inform consumers of the dangers associated with the emission of carbon monoxide from portable generators. (b) Time.--The program required by subsection (a) shall place emphasis on informing consumers of the dangers described in such subsection during the start of each hurricane season.

Portable Generator Safety Act of 2007 - Instructs the Consumer Product Safety Commission (CPSC) to promulgate consumer product safety rules requiring that every portable generator sold to the public for purposes other than resale be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding the generator and automatically turns off power to it before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people. Requires the CPSC to issue consumer product safety rules requiring that every such portable generator: (1) prominently display a permanently affixed warning label in English and Spanish regarding the carbon monoxide hazard posed by its incorrect use, including the word "DANGER" printed in a large font; and (2) have affixed to it a large pictogram which clearly states "POISONOUS GAS" and visually depicts the harmful effects of breathing carbon monoxide. Requires a program of public outreach to inform consumers of the dangers associated with the emission of carbon monoxide from portable generators, with an emphasis on doing so during the start of each hurricane season.

A bill to require the Consumer Product Safety Commission to promulgate consumer product safety rules concerning the safety and labeling of portable generators.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Environmental Protection Agency for the fiscal year ending September 30, 2005, and for other purposes, namely: ENVIRONMENTAL PROTECTION AGENCY Science and Technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses, including uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; other operating expenses in support of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $797,000,000, which shall remain available until September 30, 2006. Environmental Programs and Management For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses, including uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project; and not to exceed $9,000 for official reception and representation expenses, $2,391,000,000, which shall remain available until September 30, 2006, including administrative costs of the Brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $37,997,000, to remain available until September 30, 2006. Buildings and Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $42,918,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project; $1,381,416,000, to remain available until expended, consisting of such sums as are available in the Trust Fund upon the date of enactment of this Act as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,381,416,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $13,214,000 shall be transferred to the ``Office of Inspector General'' appropriation to remain available until September 30, 2006, and $36,097,000 shall be transferred to the ``Science and technology'' appropriation to remain available until September 30, 2006. Leaking Underground Storage Tank Program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $76,000,000, to remain available until expended. Oil Spill Response For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $16,425,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and Tribal Assistance Grants For environmental programs and infrastructure assistance, including capitalization grants for state revolving funds and performance partnership grants, $4,100,000,000, to remain available until expended, of which $1,400,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended (the ``Act''), of which up to $75,000,000 shall be available for loans, including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter- municipal, interstate, or State agencies or nonprofit entities for projects that provide treatment for or that minimize sewage or storm water discharges using one or more approaches which include, but are not limited to, decentralized or distributed storm water controls, decentralized wastewater treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $900,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended, except that, notwithstanding section 1452(n) of the Safe Drinking Water Act, as amended, none of the funds made available under this heading in this Act, or in previous appropriations Acts, shall be reserved by the Administrator for health effects studies on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $43,000,000 shall be for grants to the state of Alaska to address drinking water and waste infrastructure needs of rural and Alaska Native Villages; $3,500,000 shall be for the remediation of above ground leaking fuel tanks pursuant to Public Law 106-554; $325,000,000 shall be for making grants for the construction of drinking water, wastewater and storm water infrastructure and for water quality protection provided that each grantee shall contribute not less than 45 percent of the cost of the project unless the grantee is approved for a waiver by the Agency; $6,600,000 for grants for construction of alternative decentralized wastewater facilities under the National Decentralized Wastewater Demonstration program: $120,500,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; and the remainder shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104-134, for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities, and for making competitive grants to states, federally recognized tribes, local governments and local educational authorities for the purpose of retrofitting school bus fleets with the latest available environmental technology: Provided, That for fiscal year 2005 and thereafter, State authority under section 302(a) of Public Law 104-182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2005 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2005, and notwithstanding section 518(f) of the Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of that Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act: Provided further, That for fiscal year 2005, notwithstanding the limitation on amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of the funds appropriated for State Revolving Funds under title VI of that Act may be reserved by the Administrator for grants under section 518(c) of such Act: Provided further, That no funds provided by this legislation to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States- Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure. Administrative Provisions For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally-recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for fiscal year 2005 may be used to award grants or loans under section 104(k) of CERCLA to eligible entities that satisfy all of the elements set forth in CERCLA section 101(40) to qualify as a bona fide prospective purchaser except that the date of acquisition of the property was prior to the date of enactment of the Small Business Liability Relief and Brownfield Revitalization Act of 2001. In the case of taxpayers with adjusted gross income in excess of $1,000,000 for calendar year 2004, the amount of the tax reduction resulting from enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law 108-27) and enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) shall be reduced by 4.0 percent.

Appropriates specified sums for the Environmental Protection Agency (EPA) for FY 2005 for: (1) science and technology, including research and development activities; (2) environmental programs and management; (3) the Office of the Inspector General; (4) buildings and facilities; (5) the hazardous substance superfund, including transfers of funds; (6) the leaking underground storage tank program; (7) oil spill response; and (8) State and tribal assistance grants. Authorizes the Administrator of EPA to: (1) award cooperative agreements to federally-recognized Indian tribes to assist in implementing Federal environmental programs; (2) collect and obligate pesticide registration service fees; and (3) use FY 2005 appropriations to award brownfield remediation grants under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Reduces by four percent the amount of tax reduction for taxpayers with adjusted gross incomes in excess of $1 million for calendar year 2004 resulting from enactment of the Jobs and Growth Tax Relief Reconciliation Act and the Economic Growth and Tax Relief Reconciliation Act.

Making appropriations for the Environmental Protection Agency for the fiscal year ending September 30, 2005, and for other purposes.

SECTION 1. REPORTING REQUIREMENTS REGARDING COAL OR OTHER MINE SAFETY. (a) Reporting Mine Safety Information.--Each issuer that is required to file reports pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o) and that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall include, in each periodic report filed with the Securities and Exchange Commission under the securities laws on or after the date of enactment of this Act, the following information for the time period covered by such report: (1) For each coal or other mine of which the issuer or a subsidiary of the issuer is an operator-- (A) the total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard under section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) for which the operator received a citation from the Mine Safety and Health Administration; (B) the total number of orders issued under section 104(b) of such Act (30 U.S.C. 814(b)); (C) the total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of such Act (30 U.S.C. 814(d)); (D) the total number of flagrant violations under section 110(b)(2) of such Act (30 U.S.C. 820(b)(2)); (E) the total number of imminent danger orders issued under section 107(a) of such Act (30 U.S.C. 817(a)); (F) the total dollar value of proposed assessments from the Mine Safety and Health Administration under such Act (30 U.S.C. 801 et seq.); and (G) the total number of mining-related fatalities. (2) A list of such coal or other mines, of which the issuer or a subsidiary of the issuer is an operator, that receive written notice from the Mine Safety and Health Administration of-- (A) a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health or safety hazards under section 104(e) of such Act (30 U.S.C. 814(e)); or (B) the potential to have such a pattern. (3) Any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine. (b) Reporting Shutdowns and Patterns of Violations.--Beginning on and after the date of enactment of this Act, each issuer that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall file a current report with the Securities and Exchange Commission on Form 8-K (or any successor form) disclosing the following regarding each coal or other mine of which the issuer or subsidiary is an operator: (1) The receipt of an imminent danger order issued under section 107(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 817(a)). (2) The receipt of written notice from the Mine Safety and Health Administration that the coal or other mine has-- (A) a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health or safety hazards under section 104(e) of such Act (30 U.S.C. 814(e)); or (B) the potential to have such a pattern. (c) Rule of Construction.--Nothing in this Act shall be construed to affect any obligation of a person to make a disclosure under any other applicable law in effect before, on, or after the date of enactment of this Act. (d) Commission Authority.-- (1) Enforcement.--A violation by any person of this Act, or any rule or regulation of the Securities and Exchange Commission issued under this Act, shall be treated for all purposes in the same manner as a violation of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the rules and regulations issued thereunder, consistent with the provisions of this Act, and any such person shall be subject to the same penalties, and to the same extent, as for a violation of the Securities Exchange Act of 1934 or the rules or regulations issued thereunder. (2) Rules and regulations.--The Securities and Exchange Commission is authorized to issue such rules or regulations as are necessary or appropriate for the protection of investors and to carry out the purposes of this Act. (e) Definitions.--In this Act-- (1) the terms ``issuer'' and ``securities laws'' have the meaning given the terms in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c); (2) the term ``coal or other mine'' means a coal or other mine, as defined in section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802), that is subject to the provisions of such Act (30 U.S.C. 801 et seq.); and (3) the term ``operator'' has the meaning given the term in section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802). (f) Effective Date.--This Act shall take effect on the day that is 30 days after the date of enactment of this Act.

Requires a publicly traded coal or other mine company that is required to file a periodic securities report with the Securities Exchange Commission (SEC) to include in the report: (1) the total number of violations of mandatory health or safety standards that could significantly contribute to the cause and effect of a coal or other mine safety or health hazard for which the operator of the coal or other mine received a citation or order to comply from the Mine Safety and Health Administration; (2) a list of such coal or other mines that have received written notice of a pattern of such violations from the Administration; and (3) any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine. Requires publicly traded coal or other mine companies to file a current report with the SEC on Form 8-K disclosing any receipt of: (1) an imminent danger order to shutdown issued by the Secretary of Labor; and (2) any written notice of a pattern of violations from the Administration.

A bill to require publicly traded coal companies to include certain safety records in their reports to the Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistan Terrorism Accountability Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Pakistan, through the Inter-Services Intelligence (ISI) organization, maintains control and influence in Afghanistan through militant Islamic networks, such as the Haqqani Network, in order to secure its strategic position and expand its sphere of influence, not only in Afghanistan, but also in Kashmir and against India. (2) A 2011 report published by the Combating Terrorism Center at West Point states that during the 1980s: ``[T]he Pakistani state has long been a core sponsor and beneficiary of the Haqqani network. During the 1980s Jalaluddin [Haqqani] quickly rose to be one of the ISI's most favored field commanders and the support he provided would have a significant impact upon Pakistan's security establishment and the jihad in Kashmir in the years to follow . . . Yet, Pakistan's favored Afghan proxy is also the very same actor that has served as al- Qaida's primary local enabler for over two decades. Given the ISI's historical sponsorship of the Haqqani network, it is highly unlikely that Pakistan has not been aware of this history.''. (3) The Government of Pakistan, including the ISI Directorate, has long supported the Haqqani Network, including by supporting the following: (A) Attacks on the United States Embassy in Kabul and NATO Headquarters on September 12, 2011. (B) Attack on the Combat Post Sayed Abad, Wardak Province, Afghanistan, on September 10, 2011. (C) Attack on the Hotel-Intercontinental Kabul on June 28, 2011. (D) Attack on the Kabul Bank on February 19, 2011. (E) Continued attacks on United States-funded road construction projects across Afghanistan. (F) Attack on Forward Operating Base Chapman on December 30, 2009. (G) Attack on Forward Operating Base Salerno on May 13, 2009. (H) Attack on the Khost Governor's office on May 12, 2009. (I) Attack on Forward Operating Base Salerno on May 13, 2009. (J) Attacks on the Afghan Ministries of Justice, Education, and Prison Directorate on February 11, 2009. (K) Attack on the Germany Embassy in Kabul in January 2009. (L) Attack on Afghan Intelligence Headquarters, Khost, in December 2008. (M) Kidnapping of journalist David Rohde on November 10, 2008. (N) Bombing of the Indian Embassy in Kabul on July 7, 2008. (O) Assassination attempt on Hamid Karzai on April 27, 2008. (P) Kidnapping of British journalist Sean Langan in March 2008. (Q) Attack on Sabari district center in Khost on March 3, 2008. (R) Attack on Kabul Serena Hotel on January 14, 2008. (4) On September 17, 2011, the Voice of America reported that ``The United States has suspected Pakistan's intelligence agency has ties to the Haqqani network and other militant groups in Afghanistan but rarely says so publicly. The U.S. and NATO have blamed the Haqqani network for attacks on U.S. and NATO troops and on U.S. targets, including the September 13 strike against the U.S. Embassy in Kabul.''. (5) Former Chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, stated that ``with ISI support, Haqqani operatives planned and conducted that truck bomb attack, as well as the assault on our embassy [in September 2011] . . . We also have credible evidence that they were behind the June 28th attack against the Inter-Continental Hotel in Kabul and a host of other smaller but effective operations.''. Mullen continued ``the Haqqani network acts as a veritable arm of Pakistan's Inter-Services Intelligence agency.''. (6) Admiral Mike Mullen was quoted in Dawn, a major English language newspaper in Pakistan, that ``It's fairly well known that the ISI has a longstanding relationship with the Haqqani network . . . Haqqani is supporting, funding, training fighters that are killing Americans and killing coalition partners.''. (7) On April 19, 2012, the Associated Press reported that the United States Ambassador to Afghanistan, Ryan Crocker, stated that there is ``no question'' that the Haqqani network was behind this week's brazen attacks on Kabul and other eastern cities and said Pakistan needs to do more to clamp down on the group's safe havens and that ``There is no question in our mind that the Haqqanis were responsible for these attacks.''. Crocker also stated that ``We know where their leadership lives and we know where these plans are made. They're not made in Afghanistan. They're made in Miram Shah, which is in North Waziristan, which is in Pakistan.''. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to limit United States foreign assistance to Pakistan if Pakistan's military or intelligence services continue to support or provide assistance to organizations that target United States citizens. SEC. 4. LIMITATION ON UNITED STATES FOREIGN ASSISTANCE TO PAKISTAN. (a) Limitation.--Of the amounts made available for assistance to Pakistan for fiscal year 2013 or any subsequent fiscal year, the President shall withhold $50,000,000 for each United States citizen who is killed as a result of actions of Pakistan's Inter-Services Intelligence (ISI) or support provided by the ISI to other organizations or individuals, including the Haqqani Network. (b) Certification.--The Secretary of Defense shall, not later than the first day of each month of the fiscal years described in subsection (a), certify to Congress the number of United States citizens who, during the immediately preceding month, have been killed as a result of actions or support described in subsection (a). (c) Fund.--Amounts withheld pursuant to subsection (a) shall, notwithstanding any other provision of law, be administered by the Department of Defense and made available on an equitable basis to provide payments to survivors of United States citizens described in subsection (a).

Pakistan Terrorism Accountability Act of 2012 - States that it shall be U.S. policy to limit U.S. foreign assistance to Pakistan if Pakistan's military or intelligence services continue to support or provide assistance to organizations that target U.S. citizens. Directs the President to withhold $50 million from amounts made available for Pakistan for FY2013 or any subsequent fiscal year for each U.S. citizen who is killed as a result of actions of Pakistan's Inter-Services Intelligence (ISI) or support provided by ISI to other organizations or individuals, including the Haqqani Network (an insurgent network operating in Pakistan and Afghanistan).

To provide compensation for the deadly acts by elements of the Pakistani military and intelligence services against United States citizens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Act''. SEC. 2. PERMANENT RESIDENT STATUS FOR FAMILY MEMBERS OF MEMBERS OF THE ARMED FORCES. (a) In General.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Adjustment of Status for Immediate Family Members of Members of the Armed Forces.-- ``(1) In general.--The Secretary of Homeland Security shall adjust the status of an alien described in paragraph (2) to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) applies for such adjustment; ``(B) is admissible to the United States as an immigrant, except as provided in paragraph (4); and ``(C) is physically present in the United States. ``(2) Aliens eligible for adjustment of status.--An alien described in this paragraph is an alien-- ``(A) who is a parent, spouse, child, son, daughter, or the legal guardian of a child of-- ``(i) a living Armed Forces member; or ``(ii) a deceased Armed Forces member if-- ``(I) the Armed Forces member died as a result of injury or disease incurred in, or aggravated by, the Armed Forces member's service; and ``(II) the alien applies for such adjustment-- ``(aa) if the death of the Armed Forces member occurred prior to the date of the enactment of the Military Families Act, not later than 2 years after such date of enactment; or ``(bb) if the death of the Armed Forces member occurred after the date of the enactment of the Military Families Act, not later than 2 years after the death of the Armed Forces member; or ``(B) who is the spouse, child, son, or daughter of an alien described in subparagraph (A). ``(3) Armed forces member defined.--In this subsection, the term `Armed Forces member' means an individual who-- ``(A) is, or was at the time of the individual's death described in paragraph (2)(B)(ii)(I), a national of the United States or lawfully admitted for permanent residence; ``(B) on or after October 7, 2001, served as a member of-- ``(i) the Armed Forces on active duty; ``(ii) the National Guard; or ``(iii) the Selected Reserve of the Ready Reserve; and ``(C) if separated from the service described in subparagraph (B), was separated under honorable conditions. ``(4) Inapplicability of certain grounds of inadmissibility.-- ``(A) In general.--The provisions of paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) shall not apply to an adjustment of status made pursuant to this subsection. ``(B) Waiver.--The Secretary of Homeland Security or the Attorney General, as appropriate, may waive any other provision of section 212(a) (other than paragraph (2)(C) and subparagraphs (A), (B), (C), (E), and (F) of paragraph (3)) with respect to an adjustment of status made pursuant to this subsection-- ``(i) for humanitarian purposes; ``(ii) to assure family unity; or ``(iii) if such waiver is otherwise in the public interest. ``(5) Fee authority.--The Secretary of Homeland Security or the Secretary of State, as appropriate, may establish a fee pursuant to section 9701 of title 31, United States Code, for the processing of an application for an adjustment of status made pursuant to this subsection. ``(6) Jurisdiction.-- ``(A) Secretary of homeland security.--Except as provided in subparagraph (B), the Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for an adjustment of status made pursuant to this subsection. ``(B) Attorney general.--Notwithstanding paragraph (1) or subparagraph (A), in cases in which an alien has been placed into deportation, exclusion, or removal proceedings, either prior to or after filing an application for an adjustment of status pursuant to this subsection, the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary of Homeland Security until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered.''. (b) Exemption From Direct Numerical Limitations.--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 provided permanent residence status under section 245(n).''. SEC. 3. FILIPINO VETERANS FAMILY REUNIFICATION. (a) Short Title.--This section may be cited as the ``Filipino Veterans Family Reunification Act''. (b) Exception From Direct Numerical Limitations.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 2(b), is further amended by adding at the end the following: ``(G) Aliens who-- ``(i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and ``(ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to-- ``(I) section 405 of the Immigration Act of 1990 (Public Law 101-649; 8 U.S.C. 1440 note); or ``(II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).''.

Military Families Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment (with a time limit for an alien applying as a family member of a deceased Armed Forces member), (2) is admissible to the United States as an immigrant, and (3) is physically present in the United States. Applies such provision to an alien who is: (1) a parent, spouse, child, son, daughter, or the legal guardian of a child of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease; or (2) the spouse, child, son, or daughter of an alien described in clause (1). Defines "Armed Forces member" as a person who: (1) is, or was at the time of the person's death, a U.S. national or lawfully admitted permanent resident; (2) served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the U.S. military; and (3) if separated from service was separated under honorable conditions. Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility. Filipino Veterans Family Reunification Act - Amends the Immigration and Nationality Act to exempt from worldwide or numerical limitations on immigrant visas the sons and daughters of Filipino World War II veterans who were naturalized under the Immigration Act of 1990 or other specified federal law.

A bill to authorize the adjustment of status for immediate family members of individuals who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Services Equity Act of 1999''. SEC. 2. FINDINGS. Congress finds that the payment system for home health services covered under Medicare as enacted by the Balanced Budget Act of 1997 is having the following unintended consequences: (1) Many of the sickest, most frail Medicare beneficiaries are being deprived of access to medically necessary home health services which are covered under the Medicare Program. (2) The amount of reductions in reimbursement for home health services furnished under the Medicare Program significantly exceeds the amount of reduction in reimbursement for any other service furnished under the Medicare Program at a time when the need for home health services by the Nation's elderly citizens is growing. (3) The per beneficiary limits imposed on home health agencies do not, for a majority of such agencies, accurately reflect the costs necessarily incurred in the efficient delivery of needed home health services to the individuals treated by those agencies, as required under section 1861(v)(1)(A) of the Social Security Act (42 U.S.C. 1395x(v)(1)(A)). (4) Residents of certain States and regions of the country are being afforded access to far fewer home health services under the Medicare Program than residents of other States or regions who have similar medical conditions. (5) The prospective payment system scheduled for implementation by October 1, 2000, is in danger of being based on data which excludes many of the costs of providing covered services to the sickest, most frail Medicare beneficiaries. (6) The additional 15 percent reduction in reimbursement currently scheduled for October 1, 2000, will result in reductions in Medicare spending for home health services that are far in excess of those intended by Congress when it passed the Balanced Budget Act of 1997 and are unrelated to needs of the patients. (7) The home health interim payment system enacted as part of the Balanced Budget Act of 1997 is not providing for a smooth transition from reasonable cost reimbursement to prospective payment. SEC. 3. INTERIM PAYMENT SYSTEM OVERPAYMENT RECOUPMENT. (a) In General.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 5101(a) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended by adding at the end the following new clause: ``(x)(I) Notwithstanding any other provision of this subparagraph, there shall be no recovery of any payments for reasonable costs made before the cost reporting period describe in subclause (II) to a home health agency in excess of the per beneficiary limitation applicable to that agency. ``(II) The cost reporting period referred to in subclause (I) with respect to a home health agency is the cost reporting period beginning during the fiscal year following the fiscal year in which the home health agency received written notice from the Secretary of its agency- specific per beneficiary limitation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN PAYMENT LIMITS. (a) Prospective Payment System.-- (1) Elimination of reduction.--Section 1895(b)(3) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended-- (A) in clause (i)-- (i) by striking ``but if the reduction in limits described in clause (ii) had been in effect''; and (ii) by striking ``(i) In general.--'' and adjusting the margin accordingly; and (B) by striking clause (ii). (2) Conforming amendment.--Section 1895(d)(3) of such Act (42 U.S.C. 1395fff(d)(3)) is amended by striking ``(including the reduction described in clause (ii) of such subsection)''. (b) Interim Payment System.--Section 4603 of the Balanced Budget Act of 1997 (Public Law 105-33), as amended by section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended by striking subsection (e). SEC. 5. REVISION OF PER VISIT LIMITS. Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (IV), by striking ``or''; (2) in subclause (V)-- (A) by inserting ``and before October 1, 1999'' after ``October 1, 1998,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(VI) October 1, 1999, 108 percent of such median.''. SEC. 6. ENSURING BENEFICIARY CHOICE OF PROVIDER WITH PRORATED LIMITS. (a) In General.--Section 1861(v)(1)(L)(vi)(II) of the Social Security Act (42 U.S.C. 1395x(v) (1)(L)(vi)(II)) is amended by inserting ``only if the Secretary determines that the agency knew or should have known that the individual, to whom home health services were furnished, used home health services furnished by more than one home health agency'' before the period. (b) Effective Date.--The amendment made by subsection (a) shall apply to cost reporting periods beginning on or after October 1, 1999. SEC. 7. EXCEPTIONS AND EXEMPTIONS; OUTLIERS. (a) Exceptions and Exemptions.-- (1) In general.--Section 1861(v)(1)(L)(ii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(ii)) is amended by adding at the end the following: ``With respect to the limits under clauses (v) through (ix), the Secretary shall provide for the following exceptions and exemptions: ``(I) Home health agencies furnishing home health services exclusively in medically underserved areas shall be exempt from such limits. ``(II) The Secretary shall provide for a payment amount (in an amount determined by the Secretary) in addition to the amounts applicable under such limits for a home health agency that demonstrates to the Secretary that it incurred costs above such limits due to costs attributable to additional Federal regulatory requirements imposed after fiscal year 1994.''. (2) Expenditure limits on exceptions.--The aggregate amount of additional payments or payment adjustments made under section 1861(v)(1)(L)(ii)(II), as added by paragraph (1), with respect to a fiscal year may not exceed 5 percent of the aggregate payments projected or estimated by the Secretary to be made under section 1861(v)(1)(L) for such fiscal year. (b) Additional Payments for Outliers.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 3(a), is further amended by adding at the end the following new clause: ``(xi) Notwithstanding clauses (v) through (ix), the Secretary shall provide for an additional payment amount to a provider equal to the difference between the reasonable cost incurred by the provider and the limit under such clauses applicable to the provider if the provider demonstrates to the Secretary that-- ``(I) the provider incurred costs in excess of the limits applicable under such clauses with respect to an individual described in subclause (II); ``(II) with respect to an individual to whom the provider furnished home health services under this title, the individual requires the most expensive home health services (case outliers) or requires such services for a far longer than average period of time (case and duration outliers), such outliers determined by the Secretary; and ``(III) such incurred costs are reasonable. No payment shall be made under this clause to a provider that, as of October 1, 1999, has ceased furnishing home health services for which payment may be made under this title.''. (c) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Amends SSA title XVIII, as amended by the Tax and Trade Relief Extension Act of 1998, to: (1) deny recoupment of reasonable costs to a home health agency in excess of the applicable per beneficiary limitation; (2) eliminate the automatic 15 percent reduction in payment limits; and (3) revise per visit limits.

Medicare Home Health Services Equity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Care Protection and Improvement Act of 1997''. SEC. 2. EXTENSION OF RURAL HEALTH TRANSITION GRANT PROGRAM. Section 4005(e) of the Omnibus Budget Reconciliation Act of 1987 (42 U.S.C. 1395ww note) is amended-- (1) in paragraph (6), by adding at the end the following: ``The Administrator may adjust the amount of a grant to a hospital under this subsection, or terminate the grant, if the Administrator determines that the hospital is using the grant for an inappropriate use under this subsection.''; and (2) in paragraph (9), by striking ``1997'' and inserting ``1997, and such sums as are necessary for each of fiscal years 1998 through 2002''. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO HEALTH MAINTENANCE ORGANIZATIONS AND COMPETITIVE MEDICAL PLANS. (a) In General.--Section 1876(a) of the Social Security Act (42 U.S.C. 1395mm(a)) is amended to read as follows: ``(a)(1)(A) The Secretary shall annually determine, and shall announce (in a manner intended to provide notice to interested parties) not later than April 30 before the calendar year concerned-- ``(i) a per capita rate of payment for individuals who are enrolled under this section with an eligible organization that has entered into a risk-sharing contract and who are entitled to benefits under part A and enrolled under part B; ``(ii) a per capita rate of payment for individuals who are so enrolled with such an organization and who are enrolled under part B only; and ``(iii) the factors to be used by the Secretary in adjusting the annual capitation rate under subparagraph (B)(ii). For purposes of this section, the term `risk-sharing contract' means a contract entered into under subsection (g) and the term `reasonable cost reimbursement contract' means a contract entered into under subsection (h). ``(B) The annual per capita rate of payment for each payment area (as defined in paragraph (5)) shall be equal to the annual capitation rate (as defined in paragraph (4)), adjusted by the Secretary for-- ``(i) individuals who are enrolled under this section with an eligible organization that has entered into a risk-sharing contract and who are enrolled under part B only; and ``(ii) such risk factors as age, disability status, gender, institutional status, end-stage renal disease status, and such other factors as the Secretary determines to be appropriate so as to ensure actuarial equivalence. The Secretary may add to, modify, or substitute for such factors, if such changes will improve the determination of actuarial equivalence. ``(C) In the case of an eligible organization with a risk-sharing contract, the Secretary shall make monthly payments in advance and, except as provided in subsection (g)(2), in accordance with the rate determined under subparagraph (B), to the organization for each individual enrolled with the organization under this section. ``(D) The Secretary shall establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization. Such rate of payment shall be actuarially equivalent to rates paid to other enrollees in the payment area (or such other area as specified by the Secretary). ``(E)(i) The amount of payment under this paragraph may be retroactively adjusted to take into account any difference between the actual number of individuals enrolled in the plan under this section and the number of such individuals estimated to be so enrolled in determining the amount of the advance payment. ``(ii)(I) Subject to subclause (II), the Secretary may make retroactive adjustments under clause (i) to take into account individuals enrolled during the period beginning on the date on which the individual enrolls with an eligible organization (which has a risk- sharing contract under this section) under a health benefit plan operated, sponsored, or contributed to by the individual's employer or former employer (or the employer or former employer of the individual's spouse) and ending on the date on which the individual is enrolled in the plan under this section, except that for purposes of making such retroactive adjustments under this clause, such period may not exceed 90 days. ``(II) No adjustment may be made under subclause (I) with respect to any individual who does not certify that the organization provided the individual with the explanation described in subsection (c)(3)(E) at the time the individual enrolled with the organization. ``(F) Not later than March 1, the Secretary shall provide for notice to eligible organizations of proposed changes to be made in the methodology from the methodology and assumptions used in the previous announcement under subparagraph (A) and shall provide eligible organizations with an opportunity to comment on the proposed changes. ``(2) With respect to any eligible organization that has entered into a reasonable cost reimbursement contract, payments shall be made to such plan in accordance with subsection (h)(2) rather than paragraph (1). ``(3) Subject to paragraphs (2)(B)(ii) and (7) of subsection (c), payments under a contract to an eligible organization under paragraph (1) or (2) shall be instead of the amounts which (in the absence of the contract) would be otherwise payable, pursuant to sections 1814(b) and 1833(a), for services furnished by or through the organization to individuals enrolled with the organization under this section. ``(4)(A) For purposes of this section, the `annual capitation rate' for a payment area for a calendar year is equal to the greatest of the following (adjusted as provided by subparagraphs (F) through (H)): ``(i) The sum of-- ``(I) the area-specific percentage (as specified under subparagraph (B) for the year) of the area- specific capitation rate for the year for the payment area, as determined under subparagraph (C); and ``(II) the national percentage (as specified under subparagraph (B) for the year) of the input-price- adjusted national capitation rate for the year, as determined under subparagraph (D); multiplied by a budget neutrality factor adjustment factor determined under subparagraph (E). ``(ii) An amount equal to-- ``(I) for 1998, 85 percent of the input-price- adjusted national capitation rate for the year, as determined under subparagraph (D); and ``(II) for any succeeding year, the amount determined under this clause for the preceding year increased by the national average per capita growth percentage specified under subparagraph (F) for that succeeding year. ``(iii) An amount equal to-- ``(I) for 1998, 100 percent of the annual per capita rate of payment for 1997 for the payment area (determined under this section, as in effect on the day before the date of enactment of the Rural Health Care Protection and Improvement Act of 1997); and ``(II) for any succeeding subsequent year, 102 percent of the annual capitation rate under this paragraph for the payment area for the previous year. ``(B) For purposes of subparagraph (A)(i)-- ``(i) for 1998, the `area-specific percentage' is 85 percent and the `national percentage' is 15 percent; ``(ii) for 1999, the `area-specific percentage' is 75 percent and the `national percentage' is 25 percent; ``(iii) for 2000, the `area-specific percentage' is 65 percent and the `national percentage' is 35 percent; ``(iv) for 2001, the `area-specific percentage' is 55 percent and the `national percentage' is 45 percent; and ``(v) for any year after 2001, the `area-specific percentage' is 50 percent and the `national percentage' is 50 percent. ``(C) For purposes of subparagraph (A)(i)(I), the area-specific capitation rate for a payment area-- ``(i) for 1998, is the average of the annual per capita rates of payment for the area for 1995 through 1997, after adjusting the 1995 and 1996 rates of payment to 1997 dollars, increased by the national average per capita growth percentage for 1998 (specified in subparagraph (F)); and ``(ii) for any subsequent year, is the area-specific capitation rate for the previous year determined under this subparagraph for the payment area, increased by the national average per capita growth percentage for that subsequent year. ``(D)(i) For purposes of clauses (i)(II) and (ii)(I) of subparagraph (A), the input-price-adjusted national capitation rate for a year for a payment area is equal to the sum, for all the types of services under this title (as classified by the Secretary), of the product (for each such type of service) of-- ``(I) the national standardized capitation rate (determined under clause (ii)) for the year; ``(II) the proportion of that rate for the year that is attributable to that type of services; and ``(III) an index that reflects (for that year and that type of services) the relative input price of the services in the area compared with the national input price of the services. In applying subclause (III), the Secretary shall, subject to clause (iii), apply those indices under this title that are used in applying (or updating) national payment rates for specific areas and localities. ``(ii) In clause (i)(I), the `national standardized capitation rate' for a year is equal to-- ``(I) the sum (for all payment areas) of the product of-- ``(aa) the area-specific capitation rate for the year for the area under subparagraph (C); and ``(bb) the average number of individuals entitled to benefits under this title who reside in that area in the year; divided by ``(II) the total average number of individuals entitled to benefits under this title who reside in all payment areas for that year. ``(iii) In applying this subparagraph for 1998-- ``(I) services under this title shall be divided into services under part A and services under part B; ``(II) the proportions described in clause (i)(II) for those types of services shall be-- ``(aa) for services under part A, the ratio (expressed as a percentage) of the average annual per capita rate of payment for the area for part A for 1997 to the total average annual per capita rate of payment for the area for parts A and B for 1997; and ``(bb) for services under part B, 100 percent minus the ratio described in item (aa); ``(III) for services under part A, 70 percent of payments attributable to such services shall be adjusted by the index used under section 1886(d)(3)(E) to adjust payment rates for relative hospital wage levels for hospitals located in the payment area involved; and ``(IV) for services under part B-- ``(aa) 66 percent of payments attributable to such services shall be adjusted by the index of the geographic area factors used under section 1848(e) used to adjust payment rates for physicians' services furnished in the payment area; and ``(bb) of the remaining 34 percent of the amount of such payments, 70 percent shall be adjusted by the index described in subclause (III). The index values applied under this subparagraph shall be computed based only on the population of individuals entitled to benefits under this title by reason of section 1811(1) who have not been determined to have end-stage renal disease. The Secretary may continue to apply the rules described in the preceding subclauses (or similar rules) in 1999. ``(E) For each year, the Secretary shall determine a budget neutrality adjustment factor so that the aggregate of the payments under this section shall equal the aggregate payments that would have been made under this section if the area-specific percentage for the year had been 100 percent and the national percentage had been 0 percent. ``(F) For purposes of subparagraphs (A)(ii)(II) and (C), the national average per capita growth percentage shall be the percentage determined by the Secretary on an annual basis (not later than April 30 before the year concerned) to reflect the Secretary's estimate of the projected per capita rate of growth in expenditures under this title. Separate determinations shall be made for individuals entitled to benefits under this title by reason of paragraphs (1), (2), and (3) of section 1811. Such percentage shall include an adjustment for over-or- under projection in the growth percentage for previous years. ``(5)(A) For purposes of this section, except as provided by subparagraph (B), the term `payment area' means a county, or equivalent area specified by the Secretary. ``(B) In the case of individuals who are determined to have end- stage renal disease, the payment area is a State or other area specified by the Secretary. ``(6) The payment to an eligible organization under this section for individuals enrolled under this section with the organization and entitled to benefits under part A and enrolled under part B shall be made from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. The monthly portion of that payment to the organization to be paid by each trust fund shall be determined as follows: ``(A) In regard to expenditures by eligible organizations having risk-sharing contracts, the allocation shall be determined each year by the Secretary based on the relative weight that benefits from each fund contribute to the adjusted average per capita cost. ``(B) In regard to expenditures by eligible organizations operating under a reasonable cost reimbursement contract, the initial allocation shall be based on the plan's most recent budget, such allocation to be adjusted, as needed, after cost settlement to reflect the distribution of actual expenditures. The remainder of that payment shall be paid by the former trust fund. ``(7) Subject to paragraphs (2)(B)(ii) and (7) of subsection (c), if an individual is enrolled under this section with an eligible organization having a risk-sharing contract, only the eligible organization shall be entitled to receive payments from the Secretary under this title for services furnished to the individual.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts entered into under section 1876 (42 U.S.C. 1395mm) on or after October 1, 1997. SEC. 4. IMPROVING FAIRNESS OF MEDICARE FEE-FOR-SERVICE PAYMENTS. (a) In General.--Subject to subsection (b), the Secretary of Health and Human Services shall increase or decrease payments to providers of services, physicians, and other health care professionals under the medicare fee-for-service program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) in each payment area (as defined in section 1876(a)(5) of such Act (42 U.S.C. 1395mm(a)(5)) (as amended by section 3 of this Act) to reflect, to the greatest extent possible, the proportionate increase or decrease, whichever is applicable, in payments to eligible organizations under section 1876 of such Act in payment areas by reason of the amendment made to such section by section 3 of this Act in order to ensure that payments to such providers of services, physicians, and other health care professionals are made on a fair and equitable basis. (b) Budget Neutral.--The total amount expended under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall not be increased or decreased by reason of the modification described in subsection (a). (c) Methodology.--Not later than October 1, 1997, the Secretary shall submit a report to Congress that contains the methodology to be used in determining the increase or decrease in payments described in subsection (a). (d) Effective Date.--This section shall apply to payments made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) on and after October 1, 1997. SEC. 5. ASSURING INCREASED PAYMENTS FOR ADDITIONAL BENEFITS AND IMPROVED INFRASTRUCTURE. (a) In General.--The Secretary of Health and Human Services shall take such steps as are necessary to ensure, to the greatest extent possible, that an increase in payments to eligible organizations under section 1876 of the Social Security Act (42 U.S.C. 1395mm) by reason of the provisions of this Act are used by such organizations to-- (1) increase the provision of health care services to beneficiaries under the medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.); or (2) to improve health care services infrastructure. (b) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the appropriate committees of jurisdiction of Congress that contains a detailed description of the steps taken by the Secretary pursuant to subsection (a) and the results of such steps.

Rural Health Care Protection and Improvement Act of 1997 - Amends the Omnibus Budget Reconciliation Act of 1987 to reauthorize and extend the Rural Health Care Transition Grant Program, as well as to authorize the Administrator of the Health Care Financing Administration to adjust program grants to hospitals, or terminate them, if the Administrator determines that the hospital is using grant funds inappropriately. Amends title XVIII (Medicare) of the Social Security Act to revise the formulae for payments to health maintenance organizations and competitive medical plans for the stated purpose of improving fairness of payments to such entities. Requires the Secretary of Health and Human Services to determine the annual per capita rate of payment for each payment area by adjusting the annual capitation rate for: (1) individuals (not, as currently, a class of individuals) who are enrolled with an eligible organization that has entered into a risk-sharing contract and who are enrolled under Medicare part B (Supplementary Medical Insurance) only; and (2) such risk factors as age, disability status, gender, institutional status, end-stage renal disease, and other appropriate factors so as to ensure actuarial equivalence. Requires the Secretary to establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization. Prescribes a general formula for the annual capitation rate of a payment area based on an area-specific capitation rate and an input-price-adjusted national capitation rate. Specifies area-specific and national percentages for contract years 1998 through 2001 and after. Requires the Secretary to increase or decrease payments to service providers, physicians, and other health care professionals under the Medicare fee-for-service program in each payment area to reflect, to the greatest extent possible, the proportionate increase or decrease (as applicable) in payments to eligible organizations under Medicare in payment areas by reason of this Act in order to ensure that payments to such health care professionals are made on a fair and equitable basis. Prohibits the total amount expended under Medicare from being increased or decreased by reason of such requirement. Directs the Secretary to report to the Congress on the methodology to be used in determining the increase or decrease in such payments. Requires the Secretary to take necessary steps to ensure, to the greatest extent possible, that eligible organizations use any increase in Medicare payments by reason of this Act to increase the provision of health care services to Medicare beneficiaries or to improve health care services infrastructure.

Rural Health Care Protection and Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Care for the Frail Elderly Act of 2002''. SEC. 2. PROMOTION OF CARE FOR THE FRAIL ELDERLY. (a) Revisions to Risk Adjustment Methodology.-- (1) In general.--The Secretary shall revise the risk adjustment methodology under section 1853(a)(3) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)) applicable to payments to Medicare+Choice organizations offering, whether directly or under a contract, specialized programs for frail elderly or at- risk beneficiaries to take into account variations in costs incurred by such organizations. (2) Methods considered.--In revising the risk adjustment methodology under paragraph (1), the Secretary shall consider-- (A) hybrid risk adjustment payment systems, such as partial capitation; (B) new diagnostic and service markers that accurately predict high risk; (C) including structural components to reduce payment lag and to account for specific risk factors, such as high end-of-life costs and high death rates; (D) providing for adjustments to payment amounts for beneficiaries with comorbidities; (E) testing concurrent risk adjustment methodologies; (F) testing payment methods using data from specialized programs for frail elderly or at-risk beneficiaries; and (G) the recommendations contained in the report required to be submitted under subsection (e)(2). (3) Implementation.--The Secretary shall implement the revisions required under paragraph (1) not later than January 1, 2006. (b) Interim Continuation of Blended Rate for Specialized Programs for Frail Elderly and At-Risk Medicare Beneficiaries Residing in Institutions.--In the case of a Medicare+Choice organization that offers a Medicare+Choice plan that offers, either directly or under a contract, a specialized program for frail elderly or at-risk beneficiaries that exclusively serves beneficiaries in institutions or beneficiaries who are entitled to medical assistance under a State plan under title XIX, notwithstanding section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)(C)(ii)), such organization shall be paid according to the method described in subclause (I) of such section until such time as the Secretary has implemented the revised risk adjustment methodology required under subsection (a). (c) Interim Continuation of Payment Methodologies for Demonstration Programs.--Notwithstanding any other provision of law, payment methodologies for medicare demonstration programs for specialized programs for frail elderly or at-risk beneficiaries (as defined in subsection (f)) shall continue under the terms and conditions of the demonstration authority for such programs in effect during 2002, including the risk adjustment factors and formula used for paying such demonstration programs. Such terms and conditions shall continue to apply with respect to each specialized program for frail elderly or at- risk beneficiaries offered by a Medicare+Choice organization that participated in a demonstration program after the termination of such program until such time as the Secretary has implemented the revised risk adjustment methodology required under subsection (a). (d) Demonstration Program for Medicare+Choice Payment Reform for Specialized Programs.-- (1) In general.--The Secretary shall establish a 5-year demonstration program to develop and evaluate-- (A) payment models that pay appropriately for specialized Medicare+Choice plans that exclusively serve, or serve a disproportionate number of, frail elderly or at-risk beneficiaries (either directly or under a contract); and (B) clinical models that improve outcomes. (2) Requirements.--A Medicare+Choice organization that offers, either directly or under a contract, a specialized program for frail elderly or at-risk beneficiaries may participate in the demonstration program under this subsection if such Medicare+Choice organization meets the following requirements: (A) Plan composition.--The specialized program for frail elderly or at-risk beneficiaries shall-- (i) serve frail elderly or at-risk beneficiaries exclusively; (ii) serve a disproportionate number of frail or at-risk beneficiaries; or (iii) serve a disproportionate number of frail or at-risk beneficiaries who are also entitled to benefits under a State plan under title XIX. (B) Clinical capacity.--The specialized program for frail elderly or at-risk beneficiaries shall employ a clinical delivery system that meets the needs of frail elderly or at-risk beneficiaries, including-- (i) initiatives to prevent, delay, or minimize the progression of chronic disease and disabilities; (ii) high-risk screening to identify risk of hospitalization, nursing home placement, functional decline, death, and other factors that increase the costs of care provided; (iii) staff with special training in chronic care and geriatric care such as geriatricians, geriatric nurse practitioners, and geriatric care managers; (iv) initiatives for promoting integration of care, financing, and administrative functions across health care settings; and (v) clinical protocols for specific high cost conditions identified by the Secretary for which outcomes will be evaluated as part of the demonstration program under this subsection. (C) Data collection.--Each Medicare+Choice organization that participates in the demonstration program under this subsection shall collect such data in such format as the Secretary may require to monitor the quality of services provided, outcomes, and costs, including functional and diagnostic data and information collected through the Health Outcomes Survey or another appropriate mechanism. (D) Quality assurance.--Each Medicare+Choice organization that participates in the demonstration program under this section shall employ such quality standards and track such quality indicators as the Secretary may specify that are relevant to the special needs of enrollees. The Secretary shall identify such quality standards and indicators prior to implementing the demonstration program under this subsection. (3) Payment.-- (A) Minimum amount.--The Secretary shall ensure that each Medicare+Choice organization that participates in the demonstration program under this subsection is not paid less than the amount that would have been paid with respect to each frail elderly or at-risk beneficiary enrolled in a specialized program for frail elderly or at-risk beneficiaries offered by such organization than would have been paid with respect to such beneficiaries if such beneficiaries received benefits under the original medicare fee-for- service program under parts A and B of title XVIII of the Social Security Act. (B) Model.--The Secretary shall establish a payment model applicable under the demonstration program that is based upon the CMS-HCC 61 significant condition model. (C) Payment for standard benefits.--The Secretary shall pay Medicare+Choice organizations participating in the demonstration program under the standard CMS-HCC 61-condition model for nonfrail members and under a special frailty-adjusted payment for the frail or at- risk members based on requirements under parts A and B of title XVIII of the Social Security Act. (D) Payment for additional benefits.-- Medicare+Choice organizations that participate in the demonstration program and that agree to an additional mandate for benefits exceeding those required under parts A and B of title XVIII of the Social Security Act shall be compensated separately for providing such benefits. (E) Frailty adjuster.--The Secretary shall establish and apply a frailty adjuster that is structured as an add-on payment in relation to the amount of underpayment resulting from the standard formula. (F) Reinsurance.--The Secretary shall provide reinsurance above a specified threshold. (G) Financial incentives.--The Secretary shall provide for financial incentives for Medicare+Choice organizations that participate in the demonstration program, including bonus payments that shall be made in relation to meeting predefined outcome targets. (4) Waiver authority.--The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program under this subsection. (5) Funding.--From the sums already authorized to be appropriated for demonstration projects to be conducted by the Secretary, $25,000,000 may be appropriated to carry out the demonstration program under this subsection. (6) Budget neutrality adjustment factor.--Upon enactment of this subsection, the Secretary shall provide for an adjustment to Medicare+Choice payment rates for the year to ensure that the aggregate payments under this part in that year shall be equal to aggregate payments that would have been made under the Medicare+Choice program in that year if this subsection had not been enacted. (e) MedPAC Study To Identify Frailty Indicators and Develop Frailty Adjustment to Medicare+Choice Payments.-- (1) Study.-- (A) In general.--The Medicare Payment Advisory Commission, in consultation with private organizations representing Medicare+Choice organizations that offer specialized programs for frail elderly or at-risk beneficiaries, shall conduct a study on the feasibility and advisability of establishing a frailty adjustment to the Medicare+Choice risk adjustment methodology that ensures that an appropriate level of payment is made to Medicare+Choice plans that serve a disproportionate number of frail or at-risk beneficiaries. (B) Study parameters.--The study shall identify indicators of frailty, medical complexity, or risk that result in higher costs for certain risk groups within the medicare population such as institutionalized residents, nursing home certifiable residents living in the community, beneficiaries with multiple complex chronic conditions, beneficiaries with late-stage diseases or conditions, medicare beneficiaries with functional or cognitive impairments that limit the ability of such beneficiaries to live independently, and other indicators of higher health care utilization. (C) Frailty indicators.--The indicators of frailty described in subparagraph (B) may include-- (i) specific diagnoses or clusters of diagnoses; (ii) the presence of multiple serious chronic conditions; (iii) certain groupings of chronic conditions; (iv) the presence of functional impairments or, alone or in combination with diagnostic factors, a specific hierarchy of functional loss; or (v) other factors that result in the need for complex medical care or higher medical costs. (2) Report.--Not later than the date that is 2 years after the date of enactment of this Act, the Medicare Payment Advisory Commission shall submit to Congress and the Secretary a report on the study conducted under paragraph (1) together with such recommendations for legislation or administrative action as the Secretary determines appropriate. (f) Definitions.--In this section: (1) Activities of daily living.--The term ``activities of daily living'' means each of the following: (A) Eating. (B) Toileting. (C) Transferring. (D) Bathing. (E) Dressing. (F) Continence. (2) Disproportionate.--The term ``disproportionate'' means, in relation to the composition of a Medicare+Choice plan, a higher percentage of frail or at-risk beneficiaries than the national average for all Medicare+Choice plans. (3) Frail or at-risk beneficiary.--The term ``frail or at- risk beneficiary'' means an individual who-- (A) has a level of disability such that the individual is unable to perform for a period of at least 90 days due to a loss of functional capacity-- (i) at least 2 activities of daily living; or (ii) such number of instrumental activities of daily living that is equivalent (as determined by the Secretary) to the level of disability described in clause (i); (B) requires substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment; (C) has multiple medically complex chronic conditions; (D) is at risk of hospitalization, nursing home placement, functional decline, or death within 12 months or other factors that increase the costs of medical care; and (E) has a severity of condition that makes the individual frail or disabled (as determined under guidelines approved by the Secretary). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Specialized programs for frail elderly or at-risk beneficiaries.--The term ``specialized programs for frail elderly or at-risk beneficiaries'' means-- (A) demonstrations approved by the Secretary for purposes of testing the integration of acute and expanded care services under prepaid financing which include prescription drugs and other noncovered ancillary services, care coordination, and home and community-based services, such as the social health maintenance organization demonstration project authorized under section 2355 of the Deficit Reduction Act of 1984 and expanded under section 4207(b)(4)(B)(i) of the Omnibus Reconciliation Act of 1990; (B) demonstrations approved by the Secretary for purposes of improving quality of care and preventing hospitalizations for nursing home residents, such as the EverCare demonstration project; (C) demonstrations approved by the Secretary for purposes of testing methods for integrating medicare and medicaid benefits for the dually eligible, such as the Minnesota Senior Health Options program, the Wisconsin Partnership program, the Massachusetts Senior Care Organization program, and the Rochester Continuing Care Network program (Seniors Health Plus); (D) demonstrations approved by the Secretary under subsection (d); (E) specialized provider-based programs that focus on improving the quality of care provided to, and preventing the hospitalizations of, residents of skilled nursing facilities; and (F) such other demonstrations or programs approved by the Secretary for similar purposes, as determined by the Secretary.

Promoting Care for the Frail Elderly Act of 2002 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to revise the risk adjustment methodology applicable to payments to Medicare+Choice organizations offering, whether directly or under a contract, specialized programs for frail elderly or at-risk beneficiaries to take into account variations in costs incurred by such organizations.Provides for interim continuation of the following until the revised risk adjustment methodology required above is implemented by the Secretary: (1) blended rate for specialized programs for frail elderly and at-risk Medicare beneficiaries residing in institutions; and (2) payment methodologies for Medicare demonstration programs for specialized programs for frail elderly or at-risk beneficiaries.Directs the Secretary to establish a five-year demonstration program to develop and evaluate: (1) payment models that pay appropriately for specialized Medicare+Choice plans that exclusively serve, or serve a disproportionate number of, frail elderly or at-risk beneficiaries; and (2) clinical models that improve outcomes.Requires the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress and the Secretary on the feasibility and advisability of establishing a frailty adjustment to the Medicare+Choice risk adjustment methodology that ensures that an appropriate level of payment is made to Medicare+Choice plans that serve a disproportionate number of frail or at-risk beneficiaries.

A bill to amend title XVIII of the Social Security Act to assure fair and adequate payment for high-risk medicare beneficiaries and to establish payment incentives and to evaluate clinical methods for assuring quality services to people with serious and disabling chronic conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hepatitis C Epidemic Control and Prevention Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Over 3,000,000 individuals in the United States are chronically infected with the hepatitis C virus (referred to in this section as ``HCV''), making it the Nation's most common blood borne virus infection. (2) Nearly 2 percent of the population of the United States have been infected with HCV. (3) Conservative estimates indicate that approximately 35,000 Americans are newly infected with HCV each year. (4) HCV infection can cause life-threatening liver disease. (5) Individuals infected with HCV serve as a source of transmission to others and, since few individuals are aware they are infected, are unlikely to take precautions to prevent the spread or exacerbation of their infection. (6) There is no vaccine available to prevent HCV infection. (7) Treatments are available to slow the progression of chronic hepatitis C. (8) An estimated 2,400,000 to 2,700,000 people who are chronically infected with hepatitis C are receiving no treatment. (9) Conservative estimates place the costs of lost productivity and medical care arising from chronic hepatitis C in the United States at more than $600,000,000 annually and such costs will undoubtedly increase in the absence of expanded prevention and treatment efforts. (10) To combat the HCV epidemic in the United States, the Centers for Disease Control and Prevention developed Recommendations for Prevention and Control of Hepatitis C Virus (HCV) Infection and HCV-Related Chronic Disease in 1998 and the National Hepatitis C Prevention Strategy in 2001, and the National Institutes of Health convened Consensus Development Conferences on the Management of Hepatitis C in 1997 and 2002. These recommendations and guidelines provide a framework for hepatitis C prevention, control, research, and medical management referral programs. (11) Federal support is necessary to increase knowledge and awareness of hepatitis C and to assist State and local prevention and control efforts. SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART R--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C ``SEC. 399AA. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. ``(a) In General.--The Secretary shall develop and implement a plan for the prevention, control, and medical management of hepatitis C which includes strategies for education and training, surveillance and early detection, and research. ``(b) Input in Development of Plan.--In developing the plan under subsection (a), the Secretary shall-- ``(1) be guided by existing recommendations of the Centers for Disease Control and Prevention and the National Institutes of Health; and ``(2) consult with-- ``(A) the Director of the Centers for Disease Control and Prevention; ``(B) the Director of the National Institutes of Health; ``(C) the Director of the Health Resources and Services Administration; ``(D) the heads of other Federal agencies or offices providing services to individuals with hepatitis C virus (referred to in this part as `HCV') infections or the functions of which otherwise involve hepatitis C; ``(E) medical advisory bodies that address issues related to HCV; and ``(F) the public, including-- ``(i) individuals infected with the HCV; and ``(ii) advocates concerned with issues related to HCV. ``(c) Biennial Update of Plan.-- ``(1) In general.--The Secretary shall conduct a biennial assessment of the plan developed under subsection (a) for the purpose of incorporating into such plan new knowledge or observations relating to HCV and chronic HCV (such as knowledge and observations that may be derived from clinical, laboratory, and epidemiological research and disease detection, prevention, and surveillance outcomes) and addressing gaps in the coverage or effectiveness of the plan. ``(2) Publication of notice of assessments.--Not later than October 1 of the first even numbered year beginning after the date of enactment of this part, and October 1 of each even numbered year thereafter, the Secretary shall publish in the Federal Register a notice of the results of the assessments conducted under paragraph (1). Such notice shall include-- ``(A) a description of any revisions to the plan developed under subsection (a) as a result of the assessment; ``(B) an explanation of the basis for any such revisions, including the ways in which such revisions can reasonably be expected to further promote the original goals and objectives of the plan; and ``(C) in the case of a determination by the Secretary that the plan does not need revision, an explanation of the basis for such determination. ``SEC. 399BB. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. ``(a) Education and Training.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall implement programs to increase awareness and enhance knowledge and understanding of hepatitis C. Such programs shall include-- ``(1) the conduct of health education, public awareness campaigns, and community outreach activities to promote public awareness and knowledge about risk factors, the transmission and prevention of infection with HCV, the value of screening for the early detection of HCV infection, and options available for the treatment of chronic hepatitis C; ``(2) the training of health care professionals regarding the prevention, detection, and medical management of hepatitis B and hepatitis C, and the importance of vaccinating HCV- infected individuals and those at risk for HCV infection against the hepatitis A virus and hepatitis B virus (referred to in this part as `HBV'); and ``(3) the development and distribution of curricula (including information relating to the special needs of individuals infected with HBV or HCV, such as the importance of early intervention and treatment and the recognition of psychosocial needs) for individuals providing hepatitis counseling, as well as support for the implementation of such curricula by State and local public health agencies. ``(b) Early Detection and Surveillance.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall support activities described in paragraph (2) to promote the early detection of HCV infection, identify risk factors for infection, and conduct surveillance of HCV infection trends. ``(2) Activities.-- ``(A) Voluntary testing programs.-- ``(i) In general.--The Secretary shall support and promote the development of State, local, and tribal voluntary hepatitis C testing programs to aid in the early identification of infected individuals. ``(ii) Confidentiality of test results.-- The results of a hepatitis C test conducted by a testing program developed or supported under this subparagraph shall be considered protected health information (in a manner consistent with regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d- 2 note)) and may not be used for any of the following: ``(I) Issues relating to health insurance. ``(II) To screen or determine suitability for employment. ``(III) To discharge a person from employment. ``(B) Counseling regarding viral hepatitis.--The Secretary shall support State, local, and tribal programs in a wide variety of settings, including those providing primary and specialty health care services in the private and the public sectors, to-- ``(i) provide individuals with information about ongoing risk factors for hepatitis C virus infection with client-centered education and counseling which concentrates on changing behaviors that place them at risk for infection; and ``(ii) provide individuals infected with hepatitis C virus with education and counseling to reduce the risk of harm to themselves and transmission of the virus to others. ``(C) Vaccination against viral hepatitis.--With respect to individuals infected, or at risk for infection, with HCV, the Secretary shall provide for-- ``(i) the vaccination of such individuals against hepatitis A virus, HBV, and other infectious diseases, as appropriate, for which such individuals may be at increased risk; and ``(ii) the counseling of such individuals regarding hepatitis A, hepatitis B, and other viral hepatides. ``(D) Medical referral.--The Secretary shall support-- ``(i) referral of persons infected with or at risk for HCV, for drug or alcohol abuse treatment where appropriate; and ``(ii) referral of persons infected with HCV-- ``(I) for medical evaluation to determine their stage of chronic hepatitis C and suitability for antiviral treatment; and ``(II) for ongoing medical management of hepatitis C. ``(3) Hepatitis c coordinators.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, upon request, provide a Hepatitis C Coordinator to a State health department in order to enhance the additional management, networking, and technical expertise needed to ensure successful integration of hepatitis C prevention and control activities into existing public health programs. ``(c) Surveillance and Epidemiology.-- ``(1) In general.--The Secretary shall promote and support the establishment and maintenance of State HCV surveillance databases, in order to-- ``(A) identify risk factors for HCV infection; ``(B) identify trends in the incidence of acute and chronic HCV; ``(C) identify trends in the prevalence of HCV infection among groups that may be disproportionately affected by hepatitis C, including individuals living with HIV, military veterans, emergency first responders, racial or ethnic minorities, and individuals who engage in high risk behaviors, such as intravenous drug use; and ``(D) assess and improve HCV infection prevention programs. ``(2) Seroprevalence studies.--The Secretary shall conduct a population-based seroprevalence study to estimate the current and future impact of hepatitis C. Such studies shall consider the economic and clinical impacts of hepatitis C, as well as the impact of hepatitis C on quality of life. ``(3) Confidentiality.--Information contained in the databases under paragraph (1) or derived through studies under paragraph (2) shall be de-identified in a manner consistent with regulations under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Research Network.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall-- ``(1) conduct epidemiologic research to identify best practices for HCV prevention; ``(2) establish and support a Hepatitis C Clinical Research Network for the purpose of conducting research related to the treatment and medical management of hepatitis C; and ``(3) conduct basic research to identify new approaches to prevention (such as vaccines) and treatment for HCV. ``(e) Referral for Medical Management of Chronic Hepatitis C.--The Secretary shall support and promote State, local, and tribal programs to provide HCV-positive individuals with referral for medical evaluation and management, including currently recommended antiviral therapy when appropriate. ``(f) Underserved and Disproportionately Affected Populations.--In carrying out this section, the Secretary shall provide expanded support for individuals with limited access to health education, testing, and health care services and groups that may be disproportionately affected by hepatitis C. ``(g) Evaluation of Program.--The Secretary shall develop benchmarks for evaluating the effectiveness of the programs and activities conducted under this section and make determinations as to whether such benchmarks have been achieved. ``SEC. 399CC. GRANTS. ``(a) In General.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, States, political subdivisions of States, Indian tribes, or non-profit entities that have special expertise relating to HCV, to carry out activities under this part. ``(b) Application.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), 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. 399DD. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $90,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2008.''. SEC. 4. LIVER DISEASE RESEARCH ADVISORY BOARD. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 409J. LIVER DISEASE RESEARCH ADVISORY BOARD. ``(a) Establishment.--Not later than 90 days after the date of enactment of this section, the Director of the National Institutes of Health shall establish a board to be known as the Liver Disease Research Advisory Board (referred to in this section as the `Advisory Board'). ``(b) Duties.--The Advisory Board shall advise and assist the Director of the Centers for Disease Control and Prevention concerning matters relating to liver disease research, including by developing and revising the Liver Disease Research Action Plan. ``(c) Voting Members.--The Advisory Board shall be composed of 18 voting members to be appointed by the Director of the National Institutes of Health, in consultation with the Director of the Institute of Allergy and Infectious Diseases, of whom 12 such individuals shall be eminent scientists and 6 such individuals shall be lay persons. The Director of the National Institutes of Health, in consultation with the Director of the Institute, shall select 1 of the members to serve as the Chair of the Advisory Board. ``(d) Ex Officio Members.--The Director of the National Institutes of Health shall appoint each director of a national research institute that funds liver disease research to serve as a nonvoting, ex officio member of the Advisory Board. The Director of the National Institutes of Health shall invite 1 representative of the Centers for Disease Control and Prevention, 1 representative of the Food and Drug Administration, and 1 representative of the Department of Veterans Affairs to serve as such a member. Each ex officio member of the Advisory Board may appoint an individual to serve as that member's representative on the Advisory Board. ``(e) Liver Disease Research Action Plan.-- ``(1) Development.--Not later than 15 months after the date of the enactment of this section, the Advisory Board shall develop (with appropriate support from the Director and staff of the Center) a comprehensive plan for the conduct and support of liver disease research to be known as the Liver Disease Research Action Plan. The Advisory Board shall submit the Plan to the Director of NIH and the head of each institute or center within the National Institutes of Health that funds liver disease research. ``(2) Content.--The Liver Disease Research Action Plan shall identify scientific opportunities and priorities of liver disease research necessary to increase understanding of and to prevent, cure, and develop better treatment protocols for liver diseases. ``(3) Revision.--The Advisory Board shall revise every 3 years the Liver Disease Research Action Plan, but shall meet annually to review progress and to amend the Plan as may be appropriate because of new scientific discoveries.''.

Hepatitis C Epidemic Control and Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV), which shall include strategies for education and training, surveillance and early detection, and research. Requires the Secretary to conduct a biennial assessment of the plan.Directs the Secretary to support the development of voluntary State, local, and tribal HCV testing programs and counseling. Provides for the vaccination of individuals infected with HCV against hepatitis A and B and other infectious diseases.Directs the Secretary to support the establishment and maintenance of HCV surveillance databases and to establish and support a Hepatitis C Clinical Research Network.Allows the Secretary to award grants to States, political subdivisions of States, Indian tribes, or non-profit entities that have special expertise relating to HCV, to carry out activities under this Act.Directs the Director of the National Institutes of Health to establish a Liver Disease Research Advisory Board.

A bill to amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection.