FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. TAX REPORTING FOR LIFE SETTLEMENT TRANSACTIONS. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT TRANSACTIONS. ``(a) Requirement of Reporting of Certain Payments.-- ``(1) In general.--Every person who acquires a life insurance contract or any interest in a life insurance contract in a reportable policy sale during any taxable year shall make a return for such taxable year (at such time and in such manner as the Secretary shall prescribe) setting forth-- ``(A) the name, address, and TIN of such person, ``(B) the name, address, and TIN of each recipient of payment in the reportable policy sale, ``(C) the date of such sale, ``(D) the name of the issuer of the life insurance contract sold and the policy number of such contract, and ``(E) the amount of each payment. ``(2) Statement to be furnished to persons with respect to whom information is required.--Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name, address, and phone number of the information contact of the person required to make such return, and ``(B) the information required to be shown on such return with respect to such person, except that in the case of an issuer of a life insurance contract, such statement is not required to include the information specified in paragraph (1)(E). ``(b) Requirement of Reporting of Seller's Basis in Life Insurance Contracts.-- ``(1) In general.--Upon receipt of the statement required under subsection (a)(2) or upon notice of a transfer of a life insurance contract to a foreign person, each issuer of a life insurance contract shall make a return (at such time and in such manner as the Secretary shall prescribe) setting forth-- ``(A) the name, address, and TIN of the seller who transfers any interest in such contract in such sale, ``(B) the investment in the contract (as defined in section 72(e)(6)) with respect to such seller, and ``(C) the policy number of such contract. ``(2) Statement to be furnished to persons with respect to whom information is required.--Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name, address, and phone number of the information contact of the person required to make such return, and ``(B) the information required to be shown on such return with respect to each seller whose name is required to be set forth in such return. ``(c) Requirement of Reporting With Respect to Reportable Death Benefits.-- ``(1) In general.--Every person who makes a payment of reportable death benefits during any taxable year shall make a return for such taxable year (at such time and in such manner as the Secretary shall prescribe) setting forth-- ``(A) the name, address, and TIN of the person making such payment, ``(B) the name, address, and TIN of each recipient of such payment, ``(C) the date of each such payment, and ``(D) the amount of each such payment. ``(2) Statement to be furnished to persons with respect to whom information is required.--Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name, address, and phone number of the information contact of the person required to make such return, and ``(B) the information required to be shown on such return with respect to each recipient of payment whose name is required to be set forth in such return. ``(d) Definitions.--For purposes of this section: ``(1) Payment.--The term `payment' means the amount of cash and the fair market value of any consideration transferred in a reportable policy sale. ``(2) Reportable policy sale.--The term `reportable policy sale' has the meaning given such term in section 101(a)(3)(B). ``(3) Issuer.--The term `issuer' means any life insurance company that bears the risk with respect to a life insurance contract on the date any return or statement is required to be made under this section. ``(4) Reportable death benefits.--The term `reportable death benefits' means amounts paid by reason of the death of the insured under a life insurance contract that has been transferred in a reportable policy sale with respect to which, a statement is required to be furnished under subsection (a)(2), or a notice of a transfer of a life insurance contract to a foreign person has been received.''. (b) Clerical Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6050W the following new item: ``Sec. 6050X. Returns relating to certain life insurance contract transactions.''. (c) Conforming Amendments.-- (1) Section 6724(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (xxiv), by adding ``or'' at the end of clause (xxv), and by inserting after clause (xxv) the following new clause: ``(xxvi) section 6050X (relating to returns relating to certain life insurance contract transactions),''. (2) Section 6724(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (HH), by striking the period at the end of subparagraph (II) and inserting ``, or'', and by inserting after subparagraph (II) the following new subparagraph: ``(JJ) subsection (a)(2), (b)(2), or (c)(2) of section 6050X (relating to returns relating to certain life insurance contract transactions).''. (3) Section 6047 of such Code is amended-- (A) by redesignating subsection (g) as subsection (h), (B) by inserting after subsection (f) the following new subsection: ``(g) Information Relating to Life Insurance Contract Transactions.--This section shall not apply to any information which is required to be reported under section 6050X.'', and (C) by adding at the end of subsection (h), as so redesignated, the following new paragraph: ``(4) For provisions requiring reporting of information relating to certain life insurance contract transactions, see section 6050X.''. (d) Effective Date.--The amendments made by this section shall apply to-- (1) reportable policy sales after December 31, 2017, and (2) reportable death benefits paid after December 31, 2017. SEC. 2. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CONTRACTS. (a) In General.--Paragraph (1) of section 1016(a) of the Internal Revenue Code of 1986 is amended by striking subparagraph (A) and all that follows and inserting the following: ``(A) for-- ``(i) taxes or other carrying charges described in section 266, or ``(ii) expenditures described in section 173 (relating to circulation expenditures), for which deductions have been taken by the taxpayer in determining taxable income for the taxable year or prior taxable years, or ``(B) for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract.''. (b) Effective Date.--The amendment made by this section shall apply to transactions entered into after August 25, 2009. SEC. 3. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDERATION RULES. (a) In General.--Subsection (a) of section 101 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Exception to valuable consideration rules for commercial transfers.-- ``(A) In general.--The second sentence of paragraph (2) shall not apply in the case of a transfer of a life insurance contract, or any interest therein, which is a reportable policy sale. ``(B) Reportable policy sale.-- ``(i) In general.--For purposes of this paragraph, the term `reportable policy sale' means the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured apart from the acquirer's interest in such life insurance contract. ``(ii) Indirect acquisitions.--For purposes of clause (i), the term `indirectly' applies to the acquisition of an interest in a partnership, trust, or other entity that holds an interest in the life insurance contract unless-- ``(I) the insured of the life insurance contract is an existing or former employee, officer, director, 5- percent owner, or independent contractor of the acquired entity or its subsidiaries or predecessors, and ``(II) no more than 50 percent of the gross value of the assets of the acquired entity consists of life insurance contracts or the parties demonstrate to the satisfaction of the Secretary that the acquisition of the life insurance is not the principal purpose of the acquired entity. ``(iii) Determination of gross value of assets.--For purposes of clause (ii), the term `gross value of assets' means, with respect to any acquired entity, the sum of-- ``(I) in the case of assets of the acquired entity which are life insurance policies or annuity or endowment contracts, the unborrowed policy cash values of such policies and contracts, and ``(II) in the case of assets of the acquired entity not described in subclause (I), the adjusted bases (within the meaning of section 1016) of such assets.''. (b) Conforming Amendment.--Paragraph (1) of section 101(a) of the Internal Revenue Code of 1986 is amended by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''. (c) Effective Date.--The amendments made by this section shall apply to transfers after December 31, 2017.

This bill amends the Internal Revenue Code to modify the tax treatment of certain life insurance contract transactions. The bill establishes reporting requirements for acquisitions of life insurance contracts in a reportable policy sale. Specified details must be reported regarding: the payments, contracts, and people involved in the acquisition; the seller's basis; and payments of death benefits. A "reportable policy sale" is the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured apart from the acquirer's interest in such life insurance contract. The bill also: (1) specifies that no basis adjustment shall be made for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract; and (2) exempts the transfer of a life insurance contract, or any interest therein, in a reportable policy sale from the transfer for valuable consideration rule. (Under current law, the transfer for valuable consideration rule provides that, if a life insurance contract or an interest in a contract is transferred for a valuable consideration, the tax exclusion for amounts received under a life insurance contract due to the death of the insured is limited to the sum of the actual value of the consideration and the premiums and other amounts subsequently paid by the transferee.)

To amend the Internal Revenue Code of 1986 to clarify the tax treatment of certain life insurance contract transactions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Accountability Act of 1993''. SEC. 2. PATTERN OR PRACTICE CASES. (a) Cause of Action.-- (1) Unlawful conduct.--It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of rights, privileges, or immunities, secured or protected by the Constitution or laws of the United States. (2) Civil action by attorney general.--Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. (3) Civil action by injured person.--Any person injured by a violation of paragraph (1) may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. In any civil action under this paragraph, the court may allow the prevailing plaintiff reasonable attorneys' fees and other litigation fees and costs (including expert's fees). A governmental body shall be liable for such fees and costs to the same extent as a private individual. (b) Definition.--As used in this section, the term ``law enforcement officer'' means an official empowered by law to conduct investigations of, to make arrests for, or to detain individuals suspected or convicted of, criminal offenses. SEC. 3. CRIMINAL PENALTY. (a) In General.--Chapter 13 (relating to civil rights) of title 18, United States Code, is amended by adding at the end the following: ``SEC. 248. POLICE BRUTALITY. ``(a) Offense.--Whoever, being a law enforcement officer and under color of law, subjects any person to force exceeding that which is reasonably necessary to carry out a law enforcement duty, shall be punished under subsection (b). ``(b) Punishment.--(1) The punishment for an offense under this section is a fine under this title, or imprisonment under paragraph (2), or both. ``(2) The imprisonment for an offense under this section shall-- ``(A) if death results, be for any term of years or for life; ``(B) if bodily injury other than death results, be for not more than 10 years; and ``(C) in any other case, not exceed one year. ``(c) Definition.--As used in this section, the term `law enforcement officer' means an official empowered by law to conduct investigations of, to make arrests for, or to detain individuals suspected or convicted of, criminal offenses.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``248. Police brutality.''. SEC. 4. DATA ON USE OF EXCESSIVE FORCE. (a) Attorney General to Collect.--The Attorney General shall acquire and annually publish data about complaints to criminal justice authorities about the use of excessive force by law enforcement officers. (b) The Attorney General shall submit to Congress a report analyzing complaints of excessive force by local law enforcement authorities made to federal enforcement authorities with a breakdown-- (1) of the racial composition of complainants, (2) the race of officers accused of excessive use of force, and (3) whether federal law enforcement authorities investigated, prosecuted or obtained convictions in each case. (b) Guidelines and Procedures.--The Attorney General shall establish-- (1) guidelines for the submission of such data; and (2) procedures for carrying out this section. (c) Limitation on Use of Data.--Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the complainant or any individual involved in the incident giving rise to the complaint. (d) Annual Summary.--The Attorney General shall publish an annual summary of the data acquired under this section. (e) Criminal Justice Assistance Funds.-- (1) Section 503 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753) is amended by inserting at the end of subsection (a) the following: ``(12) A certification that the State and its units of local government are providing information to the Attorney General that the Attorney General is obligated to acquire under section 4 of the Police Accountability Act of 1991 regarding complaints to criminal justice authorities about the use of excessive force by law enforcement officers.''. (2) Section 503(a)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 (as added by paragraph (1)), shall apply to applications submitted on or after the date that is one year after the date of the enactment of this Act.

Police Accountability Act of 1993 - Makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or statutory rights, privileges, or immunities. Authorizes: (1) civil actions by the Attorney General and by any injured person to obtain equitable and declaratory relief to eliminate any such pattern or practice; and (2) the court to allow the prevailing plaintiff (in the case of an action by an injured person) reasonable attorney's fees and other litigation fees and costs, including expert's fees. Specifies that a governmental body shall be liable for such fees and costs to the same extent as a private individual. Establishes penalties for police brutality (excessive force), including a fine and imprisonment for any term of years or life if death results, for not more than ten years if bodily injury other than death results, and for not to exceed one year in any other case. Directs the Attorney General to: (1) acquire and publish an annual summary of data about complaints to criminal justice authorities about the use of excessive force by law enforcement officers; and (2) report to the Congress on complaints of excessive force by local law enforcement authorities made to Federal enforcement authorities with a breakdown of the racial composition of complainants, the race of officers accused of excessive use of force, and whether Federal law enforcement authorities investigated, prosecuted, or obtained convictions in each case. Requires State applications for justice system improvement grants (under the Omnibus Crime Control and Safe Streets Act of 1968) to include a certification that the State and its units of local government are providing such data to the Attorney General.

Police Accountability Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Management Security Act of 2004''. TITLE I--IMPROVED SECURITY FOR DRIVER LICENSES AND STATE IDENTITY DOCUMENTS SEC. 101. DEFINITIONS. In this title, the following definitions apply: (1) Driver's license.--The term ``driver's license'' means a motor vehicle operator's license, as defined in section 30301 of title 49, United States Code. (2) Identification card.--The term ``identification card'' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State. (3) State.--The term ``State'' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 102. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION. (a) Minimum Standards for Federal Use.-- (1) In general.--Beginning 3 years after the date of enactment of this Act, a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section. (2) State certifications.--The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, with the concurrence of the Secretary of Transportation, may prescribe by regulation. (b) Minimum Document Requirements.--To meet the requirements of this section, a State shall include, at a minimum, the following data elements and features on each driver's license and identification card issued to a person by the State: (1) The person's full legal name. (2) The person's date of birth. (3) The person's gender. (4) The person's driver license or identification card number. (5) A photograph of the person. (6) The person's address of principal residence. (7) The person's signature. (8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. (9) A common machine-readable technology, with defined minimum data elements, that will facilitate the capture of driver's license and identification card information by law enforcement officers. (c) Minimum Issuance Standards.-- (1) In general.--To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following data elements before issuing a driver's license or identification card to a person: (A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth. (B) Documentation showing the person's date of birth. (C) Proof of the person's social security number or verification that the person is not eligible for a social security number. (D) Documentation showing the person's name and address of principal residence. (2) Verification of documents.--To meet the requirements of this section, a State shall implement the following procedures: (A) Before issuing a driver's license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document used to provide information required to be presented by the person under paragraph (1). (B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1). (d) Other Requirements.--To meet the requirements of this section, a State shall adopt the following practices in the issuance of driver licenses and identification cards: (1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. (2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years. (3) Subject each person applying for a driver's license or identification card to mandatory facial image capture. (4) Establish an effective procedure to confirm or verify a renewing applicant's information. (5) Confirm with the Social Security Administration a social security number presented by a person using the full social security number. In the event that a social security number is already registered to or associated with another person to which any State has issued a driver's license or identification card, the State shall resolve the discrepancy and take appropriate action. (6) Refuse to issue a driver's license or identification card to a person holding a driver's license issued by another State without confirmation from the other State that the person is terminating or has terminated the driver's license. (7) Ensure the physical security of locations where driver licenses and identification cards are produced and the security of document materials and papers from which driver licenses and identification cards are produced. (8) Subject all persons authorized to manufacture or produce driver licenses and identification cards to appropriate security clearance requirements. (9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of driver licenses and identification cards. SEC. 103. LINKING OF DATABASES. (a) In General.--To be eligible to receive any grant or other financial assistance made available under this Act, a State shall participate in the interstate compact regarding sharing of driver license data, known as the ``Driver License Agreement'', in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. (b) Requirements for Information.--A State motor vehicle database shall contain, at a minimum, the following information: (1) All data fields printed on driver licenses and identification cards issued by the State. (2) Motor vehicle driver histories, including motor vehicle violations, suspensions, and points on licenses. SEC. 104. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS. Section 1028(a)(8) of title 18, United States Code, is amended by striking ``false authentication features'' and inserting ``false or actual authentication features''. SEC. 105. GRANTS TO STATES. (a) In General.--The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title. SEC. 106. AUTHORITY. (a) Participation of Secretary of Transportation and States.--All authority to issue regulations, certify standards, and issue grants under this title shall be carried out by the Secretary, with the concurrence of the Secretary of Transportation and in consultation with the States. (b) Extensions of Deadlines.--The Secretary may grant an extension to the deadline established by section 102(a)(1) with respect to the driver licenses and identification cards issued by a State if the State submits to the Secretary, in writing, an adequate justification, as determined by the Secretary, for the extension. TITLE II--IDENTITY SECURITY OF VITAL RECORDS SEC. 201. DEFINITIONS. In this title, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (2) Birth certificate.--The term ``birth certificate'' means a certificate of birth-- (A) for an individual (regardless of where born)-- (i) who is a citizen or national of the United States at birth; and (ii) whose birth is registered in the United States; and (B) that-- (i) is issued by a Federal, State, or local government agency or authorized custodian of record and produced from birth records maintained by such agency or custodian of record; or (ii) is an authenticated copy, issued by a Federal, State, or local government agency or authorized custodian of record, of an original certificate of birth issued by such agency or custodian of record. SEC. 202. GAO STUDY OF THE SECURITY OF BIRTH CERTIFICATES. (a) Study.--The Comptroller General shall conduct a study of the security of birth certificates and other birth documentation used by States as proof of identity. Such study shall include-- (1) an assessment of the parties involved in the issuance of birth certificates and other birth documentation within the United States; (2) an assessment of the physical security features of domestic birth certificates and other domestic birth documentation; (3) an evaluation of fraudulent activity, both domestic and foreign, of domestic birth certificates and other domestic birth documentation used to acquire driver's licenses or State- issued identification cards; and (4) an evaluation of methods used by Federal agencies, States and other parties involved in the issuance of domestic birth certificates and other domestic birth documentation to reduce fraudulent activity, both domestic and foreign. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding measures needed to improve both the physical security of birth certificates and other birth documentation and the process used by parties issuing such documents, including the establishment of minimum standards if necessary, to reduce fraudulent activity. SEC. 203. ELIMINATING DUPLICATION OF VITAL RECORDS. (a) Assistance in Matching Birth and Death Records.-- (1) Grants.--The Secretary, in coordination with other appropriate Federal agencies, shall make grants to States to assist them in-- (A) computerizing their birth and death records; (B) developing the capability to match birth and death records within each State and among the States; and (C) noting the fact of death on the birth certificates of deceased persons. (2) Allocation of grants.--The Secretary shall make grants to States under this subsection based on the proportion that the estimated annual average number of birth and death records created by a State applying for a grant bears to the estimated annual average number of birth and death records originated by all States. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.

Identity Management Security Act of 2004 - Prohibits a Federal agency from accepting a State issued driver's license or identification card unless it includes certain data, including a photograph, a common machine-readable technology, and certain anti-fraud physical security features. Prescribes minimum license or identification card issuance standards and other specified practices States must meet. Requires a State, to be eligible for a grant to assist it in conforming to such minimum standards, to participate in the interstate compact, "Driver License Agreement," in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. Requires the Comptroller General to study and report to Congress on the security of birth certificates and other birth documentation used by States as proof of identity, with recommendations on measures to improve the security of such documentation. Authorizes the Secretary to make grants to States to assist them in eliminating the duplication of birth and death records.

To provide improved security for driver licenses and State identity documents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1997 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1997)''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the right of citizens of the United States to vote is a fundamental right; (2) the right of citizens of the United States to have an effective voice in the decisionmaking processes of the Congress is grounded in the right to petition and is a fundamental part of American democracy, and Congress should provide an opportunity for citizens to express their views on important public issues; and (3) there is an increasing public sentiment and demand for less taxation and a simplified tax code. (b) Purposes.--The purposes of this Act are-- (1) to give the citizens of every State the opportunity to have a voice on whether or not Congress should adopt a flat income tax system and amend the Constitution to require a majority vote of the American people to raise taxes; and (2) to conduct a national nonbinding referendum on a flat tax on income and requiring a national vote on tax increases at the 1998 general election, thereby having an opportunity to study the feasibility of conducting national nonbinding referenda on other important issues in the future. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``nonbinding referendum'' means the placing on the general election ballot in every congressional district and delegate or resident commissioner district in 1998 the advisory questions defined below, the results of which shall be properly tabulated and certified as described herein, but which results shall not be legally binding on any person or institution; (2) the term ``advisory questions'' means the National Advisory Referendum on a flat tax on income and requiring a national vote on tax increases, the language of which is contained in section 4(b) of this Act; (3) the term ``general election'' means the election at which Federal officers are elected in 1998; and (4) the term ``State election agency'' means the official agency of each State and territory charged with the legal responsibility for conducting general elections within that jurisdiction. SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS EFFECTIVELY ON A FLAT TAX AND REQUIRING A NATIONAL VOTE ON TAX INCREASES NONBINDING REFERENDUM. (a) In General.--This Act shall have the effect of placing on the 1998 general election ballot in every congressional district, and delegate and/or resident commissioner district, in the United States, the District of Columbia and the territories of the United States, the advisory questions under subsection (b). (b) Advisory Questions; Ballot Title and Language.--Not later than June 30, 1998, the Clerk of the United States House of Representatives and the Secretary of the United States Senate shall jointly certify to the appropriate State election agencies for inclusion on the 1998 general election ballot in each congressional district, the following ballot title and questions: ``national advisory referendum on a flat tax on income and requiring a national vote on tax increases ``Question #1: Should Congress adopt a simple flat tax rate on income? ``Yes No. ``Question #2: Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? ``Yes No''. (c) Preparation of Ballots.-- (1) Procedures.--The procedures for printing and preparation of the ballots containing the advisory questions shall be the same as provided in each State and territory for conducting the elections of the Members of the United States House of Representatives and Senators, and Delegates or Resident Commissioners. (2) Advisory questions.--In each congressional and delegate district, every general election ballot shall include the advisory questions contained in subsection (b). Should there be no general election scheduled to be held in any particular congressional or delegate district, a ballot shall nonetheless be prepared for the voters of said district to be able to participate in the nonbinding referendum in the same manner as all other districts where a general election is being held. States shall be reimbursed at 4 cents per voter, or an estimated $5,000,000 for the costs incurred in placing the questions in subsection (b) on the ballots in November 1998. Therefore, this bill authorizes $5,000,000 for these purposes. All reimbursements to State election agencies for the costs of conducting the nonbinding referendum shall be made from the franking accounts of the Congress, with equal amounts drawn from the franking accounts of the House of Representatives and the Senate in proportion to the total funds appropriated to each House for franking, to reimburse the States for such expenses. The Clerk of the United States House of Representatives and the Secretary of the United States Senate shall be responsible for ensuring the proper application for and reimbursement of said expenses. (d) Tabulation and Certification of Voting Results.--The State election agencies shall tabulate the results of the voting on the advisory questions in the same manner as is customary for tabulating the results of elections of the Members of the United States House of Representatives and Senators. Said results shall be officially certified pursuant to the customary laws and procedures of each jurisdiction. (e) Transmission of Certified Results to the Congress, All Members, and Committees on the Judiciary.--The official, certified election results of each jurisdiction's nonbinding referenda on the advisory questions shall be certified by the State election agency to the Clerk of the United States House of Representatives and the Secretary of the United States Senate in the same manner and at the same time of the certification of election of Members of the House of Representatives and Senate at the 1998 general election, said results to be certified by county, congressional district and statewide totals. The Clerk and the Secretary shall be responsible for transmitting to each Member of the respective House of Congress the results of the nonbinding referenda from all jurisdictions. The results shall also be taken under advisement by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, with recommendations for response reported back to the full House and Senate within 6 months of the general election. (f) Comments Regarding Procedures for Future Nonbinding Referenda.--Within 90 days of the date of the general election, the State election agencies shall forward to the Clerk of the United States House of Representatives and the Secretary of the United States Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections. All such comments shall be referred to the respective committees on the Judiciary of the House of Representatives and Senate. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1997 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1997) - Places on the 1998 general election ballot in each congressional district the advisory questions of whether the Congress should: (1) adopt a simple flat tax rate on income; and (2) approve a constitutional amendment to require a majority vote of the American people to raise taxes. Provides for cost reimbursement to the States from the franking accounts of the House of Representatives and the Senate.

National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1997 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1997)

SECTION 1. FINDINGS. The Congress finds that-- (1) John Birks ``Dizzy'' Gillespie was one of the most recognized and beloved artists in the world, admired not only for his unique musicianship, but for his ability to reach people on a distinctly personal level; (2) as a musician, pioneer, innovator, composer, arranger, bandleader, raconteur, entertainer, and cultural ambassador, Mr. Gillespie distinguished himself as one of the immortal figures in the history of jazz, ``a national American treasure''; (3) Mr. Gillespie received the Kennedy Center Honors, the most prestigious public recognition of an artist's lifetime contributions in the performing arts in the United States, the Smithsonian Medal from the Smithsonian Institution, and the American Society of Composers, Authors and Publishers' ``Duke'' award for his lifetime achievements as a musician, composer, and bandleader; (4) Mr. Gillespie received many additional honors, including the National Medal of Arts, presented by President Bush, a Grammy lifetime Achievement Award from the National Academy of Recording Arts and Sciences, and the Commandant D'Ordre des Arts et Lettres, the highest honor in the arts in France, presented by the French Minister of Culture, Jack Lang, and was crowned a traditional African chief, with the title ``Bashere of Iperu'', in Nigeria; (5) Mr. Gillespie performed before royalty and countless world leaders, including 4 American Presidents; (6) at the personal invitation of President Sam Nujoma, Mr. Gillespie performed at the State Independence Banquet of Namibia, before the leaders of many countries of the world, kings, presidents, prime ministers, the Secretary-General of the United Nations, Nelson Mandela, and a host of other dignitaries; (7) Mr. Gillespie was acclaimed as a visionary risk taker, whose daring integration of ethnic influences added a vibrant and indelible dimension to jazz, and to music in all of its popular forms; (8) Mr. Gillespie and the late Charlie ``Bird'' Parker pioneered ``be-bop'', a new and fresh harmonic and rhythmic vocabulary that created a musical revolution which transformed jazz and dramatically influenced 20th century musical culture; (9) Mr. Gillespie is universally credited as the catalyst who incorporated Afro-Cuban, Brazilian, and Caribbean music and rhythms into the jazz idiom; (10) Mr. Gillespie's third great big band, the United Nations Orchestra, which exemplified the essence of Mr. Gillespie's universal musical philosophy, enthralled audiences in 20 countries on the continents of North America, South America, Europe, and Australia since the band's inception in 1988; (11) in 1956, Mr. Gillespie was the first jazz artist appointed by the Department of State as Cultural Ambassador to tour on behalf of the United States, and his resoundingly successful tours through the Near East, Asia, Eastern Europe, and Latin America were early landmarks in a lifetime of cultural statesmanship by the inimitable jazz master on behalf of his country; and (12) in January 1989, Mr. Gillespie was asked to represent the United States and embarked on a ground breaking, month-long tour in Africa, sponsored by the United States Information Agency Arts America Program. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, to Mrs. Lorraine Gillespie, in memory of her late husband John Birks ``Dizzy'' Gillespie, a gold medal of appropriate design, in recognition of over half a century of musical genius. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be selected by the Secretary. (c) Authorization of Appropriation.--There is authorized to be appropriated an amount not to exceed $25,000 to carry out this section. SEC. 3. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost of such duplicates and the gold medal, including labor, materials, dies, use of machinery, and overhead expenses. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 4. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Lorraine Gillespie, in memory of her late husband John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.

A bill to award a congressional gold medal in honor of the late John Birks "Dizzy" Gillespie.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills Gap Strategy Act of 2013''. SEC. 2. STRATEGY REPORT. (a) Strategy Report Required.--The Secretary shall develop and submit to Congress a strategy report to address the skills gap by providing analysis and recommendations to increase on-the-job training and apprenticeship opportunities and increase employer participation in education and workforce training. (b) Goals of the Strategy Report.--The strategy report required by subsection (a) shall include specific recommendations to achieve the following goals: (1) To increase the aggregate number of employers and employees participating in on-the-job training and apprenticeships. (2) To determine ways in which the Department of Labor can increase employer outreach to encourage new and expanded employer participation in education and workforce training. (3) To identify and prioritize industry-recognized postsecondary credentials that are nationally portable and aligned with in-demand occupations in industries such as construction, manufacturing, and others that are emerging. (4) To determine ways in which the Department of Labor can better address the skills gap by maximizing existing resources, programs, and personnel. (c) Analysis Required.--As part of the strategy report under subsection (a), the Secretary shall, at a minimum, include the following: (1) A comparison of United States on-the-job training and apprenticeship policies and strategies with the policies and strategies of other countries where employers play a larger role in education and workforce training. (2) An assessment of the Department of Labor's Registered Apprenticeship program to determine how it can be better utilized to appeal to more industries and to boost the goals described in subsection (b). (3) An evaluation of any existing or potential opportunities within the Department of Labor to refocus or repurpose resources and personnel to better support on-the-job training and apprenticeship goals. (4) An analysis of the specific barriers preventing the domestic workforce from acquiring the skills desired by domestic employers, including an assessment of opportunities to reduce those barriers by-- (A) improving coordination between Federal agencies that administer employment and training programs; and (B) modifying Federal employment and training programs to enable States to better utilize Federal employment and training funds. (d) Recommendations.--The Secretary shall include in the skills gap strategy report required under subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows: (1) Actions that may be taken by the Federal Government, Congress, State, local and territorial governments, the private sector, universities, industry associations, and other stakeholders to improve policies, coordination, and interaction between such entities, including strategies and best practices to-- (A) boost public-private partnerships and employer- led partnerships; and (B) help establish regional industry partnerships. (2) Adoption of strategies that have been implemented and proven successful in key industries and regions in the United States and in other countries. (3) In coordination with the Secretary of Commerce and the Secretary of Education, develop plans that identify strategies-- (A) for increased employer participation in career and technical education; (B) to better align career and technical education curriculums and programs with fast growing industry sectors; (C) to encourage more pre-apprenticeship and college credit courses in secondary schools; (D) to improve school-to-work transitions and connections; and (E) to assist employers in partnering with K-12 schools, community colleges, and service providers. (e) Submittal of Strategy Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the strategy report developed under this section. (f) Implementation.--The Secretary may implement the recommendations under subsection (d) as the Secretary determines appropriate, if otherwise permitted under law. SEC. 3. DEFINITIONS. In this Act: (1) Industry recognized.--The term ``industry-recognized'', as used with respect to a credential, means a credential that-- (A) is sought or accepted by employers within the industry sector involved as recognized, preferred, or required for recruitment, screening, hiring, or advancement; (B) is endorsed by a recognized trade or professional association or organization, representing a significant part of the industry sector; and (C) is a nationally portable credential that is sought or accepted across multiple States, as described in subparagraph (A). (2) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' means a credential consisting of an industry-recognized credential for postsecondary training, a certificate that meets the requirements of subparagraphs (A) and (C) of paragraph (1) for postsecondary training, a certificate of completion of a postsecondary apprenticeship through a program described in section 122(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2842(a)(2)(B)), or an associate degree or baccalaureate degree awarded by an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) Skills gap.--The term ``skills gap'' refers to the difference, or gap, between the current supply of labor and skills of the workforce and that which is desired by employers.

Skills Gap Strategy Act of 2013 - Directs the Secretary of Labor to develop a strategy report to address the skills gap by providing analysis and recommendations to increase on-the-job training and apprenticeship opportunities, identify industry-recognized postsecondary credentials that are nationally portable and aligned with in-demand occupations in industries such as construction, manufacturing, and others that are emerging, and increase employer participation in education and workforce training. Defines the term "skills gap" as the difference, or gap, between the current supply of labor and skills of the workforce and that which is desired by employers.

Skills Gap Strategy Act of 2013

SECTION 1. CREDIT FOR EXPENDITURES TO PROVIDE LANGUAGE TRAINING TO EMPLOYEES. (a) General Rule.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end thereof the following new section: ``SEC. 45A. EXPENDITURES TO PROVIDE LANGUAGE TRAINING TO EMPLOYEES. ``(a) General Rule.--For purposes of section 38, the amount of the language training credit determined under this section for the taxable year is 50 percent of the qualified language training expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Language Training Expenses.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified language training expenses' means-- ``(A) amounts paid or incurred by the taxpayer with respect to expenses incurred by or on behalf of an employee for qualified language training of such employee (including but not limited to tuition, fees, and similar payments, books and supplies); and ``(B) the following expenses paid or incurred by the taxpayer-- ``(i) wages (as defined in section 41(b)(2)(D)) paid or incurred by the taxpayer to an employee for services consisting of providing qualified language training to employees of the taxpayer, and ``(ii) expenses of books and supplies used in connection with the provision of such training; and ``(C) wages (as so defined) paid to any employee receiving qualified language training to the extent allocable to the time when such employee is receiving such training. ``(2) Only domestic employment qualified.--Amounts may be taken into account under paragraph (1) with respect to any employee receiving qualified language training only if substantially all of the services performed by such employee during the taxable year for the taxpayer are performed in the United States or any possession of the United States. ``(c) Qualified Language Training.--For purposes of this section, the term `qualified language training' means--``(1) training in English language and literacy to individuals with limited English proficiency, and ``(2) remedial training in English language and literacy.'' (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(9) the language training credit determined under section 45A(a).'' (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end thereof the following new subsection: ``(d) Credit for Literacy Enhancement Expenses.--No deduction shall be allowed for that portion of the qualified literacy education expenses (as defined in section 45A(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45A(a).'' (d) Credit Allowable Against Minimum Tax.--Subsection (c) of section 38 of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Language training credit allowed against minimum tax.-- ``(A) In general.--The amount determined under paragraph (1)(A) shall be reduced by the portion of the language training credit not used against the normal limitation. ``(B) Portion of language training credit not used against normal limitation.--For purposes of subparagraph (A), the portion of the language training credit not used against the normal limitation is the excess (if any) of-- ``(i) the portion of the credit allowable under subsection (a) which is attributable to the language training credit, over ``(ii) the limitation of paragraph (1) (determined without regard to this paragraph) reduced by the portion of the credit under subsection (a) which is not so attributable.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow employer s a 50 percent tax credit for expenses incurred by or on behalf of their employees for training and remedial training in English language and literacy. Makes such credit applicable to employees working in the United States or its possessions. Makes such credit part of the general business tax credit. Prohibits the deduction of such expenses if the training tax credit is taken. Allows the training credit against the minimum tax.

To amend the Internal Revenue Code of 1986 to allow a credit to employers for the cost of providing English language training to their employees.

SECTION 1. REQUIREMENT TO OFFER FARMERS SUPPLEMENTAL CROP INSURANCE BASED ON AN AREA YIELD AND LOSS PLAN OF INSURANCE. (a) In General.--Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by adding at the end the following new paragraph: ``(11) Supplemental area coverage.-- ``(A) Authority to offer coverage.--Notwithstanding paragraph (4), if area coverage is available in an area (as determined by the Corporation under paragraph (3)), the Corporation may provide producers in that area described in subparagraph (B) with the option to purchase supplemental insurance coverage based on an area yield and loss plan of insurance. ``(B) Eligible producers.--To be eligible to obtain supplemental coverage under this paragraph, a producer must purchase either an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield at an additional coverage level for the same crop to be covered by the supplemental coverage. ``(C) Limitation.--In providing supplemental coverage to a producer under this paragraph, the sum of the following shall not exceed 100 percent: ``(i) The coverage level expressed in percentage terms for the individual yield and loss plan of insurance or the revenue plan of insurance that includes coverage for a loss in yield that is purchased by the producer for the same crop covered by the supplemental coverage, as required by subparagraph (B). ``(ii) The share expressed in percentage terms of the area yield and loss plan of insurance (at whatever coverage level is selected) that is used to determine the level of supplemental insurance coverage provided the producer under this paragraph. ``(D) Payment of portion of premium.--As provided in subsection (e), the Corporation shall pay a portion of the premium under a supplemental area yield and loss plan of insurance provided under this paragraph and the associated individual area yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield. ``(E) Amount of indemnity paid under supplemental coverage.--The indemnity payable under supplemental coverage provided under this paragraph shall be calculated as-- ``(i) the total indemnity for an area yield and loss plan of insurance at the coverage level chosen by the producer; multiplied by ``(ii) the share of the coverage of the area yield and loss plan of insurance selected by the producer. ``(F) Special rule relating to qualifying losses.-- In the case of a qualifying loss in an area (as determined by the Corporation) under a supplemental area yield and loss plan of insurance, subject to the applicable coverage limits, the total amount of the indemnity shall be available to the producer regardless of the loss incurred under the individual yield and loss plan of insurance or the revenue plan of insurance that includes coverage for a loss in yield of the producer. ``(G) Reinsurance year.--Subject to availability of area coverage for the insurable crop in the area (as determined by the Corporation), the supplemental plan of insurance described in this paragraph shall be made available by the Corporation not later than the 2006 reinsurance year.''. (b) Conforming Amendments.--Section 508(d)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended-- (1) by striking ``additional coverage'' in the matter preceding subparagraph (A) and inserting ``additional and supplemental coverages''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of supplemental area coverage provided under subsection (c)(11) that, in combination with either the individual yield and loss coverage, or a comparable coverage for a policy or plan of insurance that is not based on individual yield and does not insure more than 100 percent of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, the amount of the premium shall-- ``(i) be sufficient to cover anticipated losses and a reasonable reserve; and ``(ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio.''.

Amends the Federal Crop Insurance Act to require offering farmers supplemental crop insurance based on an area yield and loss plan of insurance.

To amend the Federal Crop Insurance Act to require the Federal Crop Insurance Corporation to offer farmers supplemental crop insurance based on an area yield and loss plan of insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Fraud Detection and Disclosure Act''. SEC. 2. AMENDMENT TO SECURITIES EXCHANGE ACT OF 1934. (a) Amendments to the Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 is amended by inserting after section 10 (15 U.S.C. 78j) the following new section: ``fraud detection and disclosure ``Sec. 10A. (a) Audit Requirements.--Each audit required pursuant to this title of an issuer's financial statements by an independent public accountant shall include, in accordance with methods prescribed by the Commission, the following: ``(1) procedures designed to provide reasonable assurance of detecting illegal acts that would have a direct and material effect on the determination of financial statement amounts; ``(2) procedures designed to identify related party transactions which are material to the financial statements or otherwise require disclosure therein; and ``(3) an evaluation of whether there is substantial doubt about the issuer's ability to continue as a going concern over the ensuing fiscal year. ``(b) Required Response to Audit Discoveries.-- ``(1) Investigation and report to management.--If, in the course of conducting any audit pursuant to this title to which subsection (a) applies, the independent public accountant detects or otherwise becomes aware of information indicating that an illegal act (whether or not perceived to have a material effect on the issuer's financial statements) has or may have occurred, the accountant shall, in accordance with methods prescribed by the Commission-- ``(A)(i) determine whether it is likely that an illegal act has occurred, and (ii) if so, determine and consider the possible effect of the illegal act on the financial statements of the issuer, including any contingent monetary effects, such as fines, penalties, and damages; and ``(B) as soon as practicable inform the appropriate level of the issuer's management and assure that the issuer's audit committee, or the issuer's board of directors in the absence of such a committee, is adequately informed with respect to illegal acts that have been detected or otherwise come to the attention of such accountant in the course of the audit, unless the illegal act is clearly inconsequential. ``(2) Response to failure to take remedial action.--If, having first assured itself that the audit committee of the board of directors of the issuer or the board (in the absence of an audit committee) is adequately informed with respect to illegal acts that have been detected or otherwise come to the accountant's attention in the course of such accountant's audit, the independent public accountant concludes that-- ``(A) any such illegal act has a material effect on the financial statements of the issuer, ``(B) senior management has not taken, and the board of directors has not caused senior management to take, timely and appropriate remedial actions with respect to such illegal act, and ``(C) the failure to take remedial action is reasonably expected to warrant departure from a standard auditor's report, when made, or warrant resignation from the audit engagement, the independent public accountant shall, as soon as practicable, directly report its conclusions to the board of directors. ``(3) Notice to commission; response to failure to notify.--An issuer whose board of directors has received a report pursuant to paragraph (2) shall inform the Commission by notice within one business day of receipt of such report and shall furnish the independent public accountant making such report with a copy of the notice furnished the Commission. If the independent public accountant making such report shall fail to receive a copy of such notice within the required one- business-day period, the independent public accountant shall-- ``(A) resign from the engagement; or ``(B) furnish to the Commission a copy of its report (or the documentation of any oral report given) within the next business day following such failure to receive notice. ``(4) Report after resignation.--An independent public accountant electing resignation shall, within the one business day following a failure by an issuer to notify the Commission under paragraph (3), furnish to the Commission a copy of the accountant's report (or the documentation of any oral report given). ``(c) Auditor Liability Limitation.--No independent public accountant shall be liable in a private action for any finding, conclusion, or statement expressed in a report made pursuant to paragraph (3) or (4) of subsection (b), including any rules promulgated pursuant thereto. ``(d) Civil Penalties in Cease-and-Desist Proceedings.--If the Commission finds, after notice and opportunity for hearing in a proceeding instituted pursuant to section 21C of this title, that an independent public accountant has willfully violated paragraph (3) or (4) of subsection (b) of this section, then the Commission may, in addition to entering an order under section 21C, impose a civil penalty against the independent public accountant and any other person that the Commission finds was a cause of such violation. The determination whether to impose a civil penalty, and the amount of any such penalty, shall be governed by the standards set forth in section 21B of this title. ``(e) Preservation of Existing Authority.--Except for subsection (d), nothing in this section limits or otherwise affects the authority of the Commission under this title. ``(f) Definitions.--As used in this section, the term `illegal act' means any action or omission to act that violates any law, or any rule or regulation having the force of law.''. (b) Effective Dates.--As to any registrant that is required to file selected quarterly financial data pursuant to item 302(a) of Regulation S-K (17 CFR 229.302(a)) of the Securities and Exchange Commission, the amendments made by subsection (a) of this section shall apply to any annual report for any period beginning on or after January 1, 1994. As to any other registrant, such amendment shall apply for any period beginning on or after January 1, 1995.

Financial Fraud Detection and Disclosure Act - Amends the Securities Exchange Act of 1934 to include within statutorily mandated audit requirements specified fraud detection and disclosure procedures to be followed by an independent public accountant. Authorizes the Securities and Exchange Commission to impose civil penalties for willful violations of this Act by an independent public accountant.

Financial Fraud Detection and Disclosure Act

SECTION 1. DEPENDENT CARE TAX CREDIT. (a) Dependent Care Services.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. DEPENDENT CARE SERVICES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who maintains a household which includes as a member 1 or more qualifying individuals, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the sum of-- ``(A) the employment-related expenses paid by such individual during the taxable year, plus ``(B) the respite care expenses paid by such individual during the taxable year. ``(2) Applicable percentage defined.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each full $1,000 amount by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(B) Cost-of-living adjustment.-- ``(i) In general.--In the case of a taxable year beginning in a calendar year after 1994, subparagraph (A) shall be applied by increasing the $15,000 amount contained therein by the cost-of-living adjustment (as defined in section 1(f)(3)) for such calendar year determined by substituting ``1993'' for ``1989'' in subparagraph (B) of section 1(f)(3). ``(ii) Rounding.--If any increase determined under clause (i) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $15, such increase shall be increased to the next highest multiple of $10). ``(b) Employment-Related Expenses.--For purposes of this section-- ``(1) Determination of eligible expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight and shall not include any respite care expense taken into account under subsection (a). ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in subsection (d)(1), or ``(ii) a qualifying individual (not described in subsection (d)(1)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than 6 individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(2) Dollar limit on amount creditable.-- ``(A) In general.--The amount of the employment- related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) $2,400 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(ii) $4,800 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under clause (i) or (ii) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Reduction in limit for amount of respite care expenses.--The limitation of subparagraph (A) shall be reduced by the amount of the respite care expenses taken into account by the taxpayer under subsection (a) for the taxable year. ``(3) Earned income limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(ii) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(B) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in subsection (d)(3), for purposes of subparagraph (A), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(i) $200 if paragraph (2)(A)(i) applies for the taxable year, or ``(ii) $400 if paragraph (2)(A)(ii) applies for the taxable year. In the case of any husband and wife, this subparagraph shall apply with respect to only one spouse for any one month. ``(c) Respite Care Expenses.--For purposes of this section-- ``(1) In general.--The term `respite care expenses' means expenses paid (whether or not to enable the taxpayer to be gainfully employed) for-- ``(A) the care of a qualifying individual-- ``(i) who has attained the age of 13, or ``(ii) who is under the age of 13 but has a physical or mental impairment which results in the individual being incapable of caring for himself, during any period when such individual regularly spends at least 8 hours each day in the taxpayer's household, or ``(B) care (for not more than 14 days during the calendar year) of a qualifying individual described in subparagraph (A) during any period during which the individual does not regularly spend at least 8 hours each day in the taxpayer's household. ``(2) Dollar limit.--The amount of the respite care expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(A) $1,200 if such expenses are incurred with respect to only 1 qualifying individual for the taxable year, or ``(B) $2,400 if such expenses are incurred for 2 or more qualifying individuals for such taxable year. ``(d) Qualifying Individual.--For purposes of this section, the term `qualifying individual' means-- ``(1) a dependent of the taxpayer who is under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(e), ``(2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself, or ``(3) the spouse of the taxpayer, if he is physically or mentally incapable of caring for himself. ``(e) Special Rules.--For purposes of this section-- ``(1) Maintaining household.--An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if such individual is married during such period, is furnished by such individual and his spouse). ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Special dependency test in case of divorced parents, etc.--If-- ``(A) paragraph (2) or (4) of section 152(e) applies to any child with respect to any calendar year, and ``(B) such child is under the age of 13 or is physically or mentally incapable of caring for himself, in the case of any taxable year beginning in such calendar year, such child shall be treated as a qualifying individual with respect to the custodial parent (within the meaning of section 152(e)(1)), and shall not be treated as a qualifying individual with respect to the noncustodial parent. ``(6) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(e) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 151(e)(3)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(7) Student.--The term `student' means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization. ``(8) Educational organization.--The term `educational organization' means an educational organization described in section 170(b)(1)(A)(ii). ``(9) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.'' (b) Conforming Amendments.-- (1) Section 21 of such Code is hereby repealed. (2) Paragraph (2) of section 129(b) of such Code is amended by striking out ``section 21(d)(2)'' and inserting in lieu thereof ``section 35(b)(3)(B)''. (3) Subsection (e) of section 213 of such Code is amended by striking out ``section 21'' and inserting in lieu thereof ``section 35''. (c) Technical Amendments.-- (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking out the item relating to section 35 and inserting in lieu thereof the following: ``Sec. 35. Dependent care services. ``Sec. 36. Overpayments of tax.'' (2) The table of sections for subpart A of such part IV is amended by striking out the item relating to section 21. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993.

Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 13 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care.

To amend the Internal Revenue Code of 1986 to make the dependent care credit refundable, and for other purposes.

SECTION. 1. DEMONSTRATION PROJECTS TO INCREASE QUALITY OF INFORMATION PROVIDED TO MEDICARE BENEFICIARIES WITH RESPECT TO TREATMENT OPTIONS. (a) Establishment of Project.-- (1) In general.--Not later than January 1, 2001, the Secretary of Health and Human Services shall establish demonstration projects (in this section referred to as the ``projects'') under which the Secretary shall furnish to providers of services and physicians participating in the Medicare Program under title XVIII of the Social Security Act informational videotapes (as described in subsection (b)) to present to a Medicare beneficiary diagnosed with a particular disease or injury (as identified by the Secretary pursuant to subsection (c)) before the beneficiary elects a course of treatment for that disease or injury. The Secretary shall furnish such informational videotapes at no cost to such providers and physicians. (2) Project areas.--The projects shall be conducted in five separate counties of which 3 shall be in urban areas and 2 shall be in rural areas. (b) Informational Videotape Described.-- (1) In general.--The Institute of Medicine, in consultation with the National Institutes of Health and other medical experts (as determined by the Secretary), shall develop a videotape presentation to provide a Medicare beneficiary diagnosed as having the disease or injury identified under subsection (c) with the following information: (A) A description of the disease or injury. (B) The possible courses of treatment for the disease or injury. (C) The likely consequences of each such course of treatment or of the decision not to pursue any course of treatment. (2) Concluding statement.--Any such videotape presentation shall conclude with a statement that the Medicare beneficiary may elect any course of treatment or not to pursue any course of treatment, that the Medicare beneficiary should consult with a physician, and that the Medicare beneficiary may seek a referral to a physician who furnishes services consisting of the course of treatment that the beneficiary elects. (3) Updating of videotape.--Any such videotape presentation shall be updated to reflect new findings based on the best scientific evidence available, as determined by the Institute of Medicine, in consultation with the National Institutes of Health and such other medical experts, about the disease or injury, and various courses of treatment. (c) Selection of Disease or Injury.-- (1) In general.--For purposes of selecting a particular disease or injury for which a informational videotape shall be provided under the projects, the Secretary shall identify diseases or injuries for which there is a wide variation in treatment of that disease throughout the United States. (2) Mandatory Designation of Prostate Enlargement for One Project.--The disease or injury for which a informational videotape is provided in one of the projects conducted under this section shall be benign and malignant prostate enlargement. (d) Payment.--(1) The Secretary shall establish a payment amount to be made to a provider of services or a physician under title XVIII of the Social Security Act to reflect services consisting of the presentation of a informational videotape to and consultation with a Medicare beneficiary after such presentation. (2) For purposes of the payment amount under paragraph (1), no payment may be made for the purchase or rental of equipment or office space for purposes of making such presentation. (e) Waiver Authority.--The Secretary may waive such requirements of title XVIII of such Act as may be necessary for the purposes of carrying out the project. (f) Reports.--Not later than June 1, 2004, the Secretary shall submit to Congress a report on the following matters: (1) A description of courses of treatment for the diseases or illnesses identified under subsection (c) selected by Medicare beneficiaries during the three year period ending on December 31, 2003. (2) A comparison between courses of treatment described in paragraph (1) and courses of treatment selected by the Medicare beneficiaries participating in the project. (3) An analysis of the effect on costs to the Medicare program due to any change in selection of courses of treatment. (g) Duration.--A demonstration project under this section shall be conducted for a 3-year period.

Directs the Secretary of Health and Human Services to establish specified demonstration projects designed to furnish a Medicare beneficiary diagnosed with a particular disease or injury informational videotapes before he or she elects a course of treatment for that disease or injury. Mandates that one project provide such a video on prostate enlargement. Directs the Institute of Medicine to develop demonstrations of such videotapes.

To require the Secretary of Health and Human Services to establish a demonstration project to provide Medicare beneficiaries greater information with respect to various courses of treatment for certain diseases or injuries to enable the beneficiaries to make more informed decisions when selecting a course of treatment for the disease or injury.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Withholding Tax Repeal Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) At the onset of the Civil War, Congress passed the Revenue Act of 1861, which imposed a tax on personal incomes and to assure timely collection, taxes were ``withheld at the source'' by employers. (2) The need for Federal revenue declined sharply after the war and in 1872, the income tax was abolished and along with it, the Federal withholding mandate. (3) With passage of the 16th amendment to the Constitution, Congress swiftly passed legislation creating a Federal income tax, withheld before employee salaries were paid. (4) In response to growing taxpayer criticism of the withholding mandate, Treasury Secretary William G. McAdoo stated that ``it would be very advantageous to . . . do away with the withholding of income tax at the source'' because it would ``eliminate a great deal of criticism which has been directed against the law''; a statement reflecting the sentiment which ultimately led to the repeal of Federal withholding authority in 1917. (5) In the 1920s and 1930s, income taxes were due on March 15 following the end of the tax year and could be paid either in one lump sum on that date or in quarterly installments. (6) With the onset of World War II, fearing that taxpayers might refuse to pay the higher tax rates and surcharges associated with funding the war effort, Federal officials, lawmakers, and political leaders such as President Franklin D. Roosevelt used the military crisis to draw on Americans' sense of patriotism and resurrect the Federal withholding authority as a ``temporary wartime measure''. (7) The campaign to reinstitute a permanent system of withholding overcame public hostility with the passage of the Withholding Tax Act of 1943 which incorporated suggestions proffered by Beardsley Ruml to eliminate individuals' 1942 tax liabilities by counting amounts paid or withheld in 1943 as tax payments for that year. (8) Since that time, Congress has stubbornly refused to repeal the Federal withholdings mandate contained in the Withholding Tax Act. (9) In fiscal year 2007, the Internal Revenue Service refunded overpayments amounting to over $248,625,001,000 more than actual individual income tax liabilities, effectively denying interest payments otherwise owed to taxpayers and amounting to a hidden tax. (10) These overpayments are returned annually in the form of tax refunds to taxpayers who often confuse the payments as a reward. (11) According to an April 2007 report released by the Joint Economic Committee, millions of families, many in the bottom fifth income percentile, have either zero tax liability or receive a net transfer from the Government due to the refundable portion of the Earned Income Tax Credit or the Child Tax Credit. Those without Federal tax liability would benefit the most from keeping their entire paycheck, rather than temporarily surrendering portions to the Government. (12) The absence of the Federal withholdings mandate leaves employers and employees free to negotiate alternative, private means of collecting and paying Federal income taxes, thereby allowing individuals to voluntarily earn interest on their withhholdings. (13) The Federal withholdings mandate allows the Federal Government to disguise tax increases and hampers Federal accountability and transparency by requiring the assistance of an intermediary tax collector. (14) Complying with the Federal withholdings mandate imposes costly burdens and legal liabilities on employers forced to act as de facto IRS agents, without compensation for lost time and resources. (15) Referring to the Federal withholding mandate in his work Public Finance in Democratic Process: Fiscal Institutions and Individual Choice, 1986 Nobel Prize winning economist James Buchanan stated that ``The individual who does not have possession of income before paying it out cannot'' sense ``the real cost of public services in a manner comparable to that experienced in a genuine act of outpayment.''. (16) In CATO Institute study, Charlotte Twight has noted that ``[W]ithholding is the paramount administrative mechanism enabling the Federal Government to collect, without significant protest, sufficient private resources to fund a vastly expanded welfare state.'' (17) The Federal tax withholding mandate was listed by Human Events in 2005 as the fourth ``Most Harmful Government Program'' and seventh ``Worst Tax Law'' in 2006. (18) The National Taxpayers Union notes that the incremental nature of withholding masks the true cost of Federal income taxes, which would be much more apparent if individuals had to write monthly, quarterly, or annual checks to the Federal Government. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to increase transparency and accountability in the Federal tax system by providing the public with a more accurate account of-- (A) the annual tax burden; and (B) the Federal budget deficit; (2) to decrease the overall tax burden and increase the personal wealth of taxpayers by allowing for the personal collection of interest during the fiscal year on overpayments that are otherwise used by the Federal Government to partly avoid interest payments; (3) to decrease the burden on employers by freeing them from the task of collecting income tax withholdings from their employees; and (4) to end the deceptive practice of masking higher tax rates from taxpayers. SEC. 4. REPEAL OF FEDERAL INCOME AND SOCIAL SECURITY TAX WITHHOLDING MANDATE. (a) In General.--The following sections of the Internal Revenue Code of 1986 are hereby repealed: (1) Section 3102 (relating to deduction of social security tax from wages). (2) Section 3202 (relating to deduction of railroad retirement tax from compensation). (3) Chapter 24 (relating to income tax withholding). (b) Requirement of Estimated Tax Payments for Employee Social Security Taxes.--Subsection (f) of section 6654 of such Code is amended by striking ``minus'' at the end of paragraph (2) and inserting ``plus'', by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: ``(3) the taxes imposed by section 3101(a) and 3201(a), minus''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid on or after the first January 1 occurring after 1 year after the date of the enactment of this Act. SEC. 5. CONTINUED VOLUNTARY TAX WITHHOLDING. (a) Authority of the IRS.--Nothing in this Act may be construed to limit the authority of the Internal Revenue Service to accept voluntary tax payments from employers electing to continue collecting Federal income taxes from employees. (b) Voluntary Employer Participation.--Nothing in this Act shall be construed to prevent voluntary employer sponsored withholding of Federal income taxes on behalf of employees. (c) Voluntary Employee Participation.--Nothing in this Act shall be construed-- (1) to require any employee to participate in an employer Federal income tax withholding system, or (2) to prevent any election of an employee to opt in to an employer Federal income tax withholding system, with all terms and conditions for participation being negotiable between the employee and employer.

Federal Withholding Tax Repeal Act of 2009 - Repeals provisions of the Internal Revenue Code requiring withholding of income, social security, and railroad retirement taxes from wages.

To amend the Internal Revenue Code of 1986 to repeal the withholding of income and social security taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mitigation Facilitation Act of 2015''. SEC. 2. MITIGATION LOAN AND LOAN GUARANTEE PROGRAM. (a) Definitions.--In this section: (1) Eligible public entity.--The term ``eligible public entity'' means a political subdivision of a State, including-- (A) a duly established town, township, or county; (B) an entity established for the purpose of regional governance; (C) a special purpose entity; and (D) a joint powers authority, or other entity certified by the Governor of a State, to have authority to implement a mitigation project required by the Secretary under a permit required by section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) Program.--The term ``program'' means the mitigation loan and loan guarantee program established by the Secretary under subsection (b)(1). (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (b) Loan and Loan Guarantee Program.-- (1) Establishment.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program to provide loans and loan guarantees to eligible public entities to enable the eligible public entities-- (A) to purchase credits from mitigation banks or in-lieu fee programs; or (B) to acquire interests in real property that are acquired pursuant to a mitigation project required by the Secretary under a permit required by section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) Application; approval process.-- (A) Application.-- (i) In general.--To be eligible to receive a loan or loan guarantee under the program, an eligible public entity shall submit to the Secretary an application at such time, in such form and manner, and including such information as the Secretary may require. (ii) Solicitation of applications.--On a rolling basis, the Secretary shall accept from eligible public entities applications for loans and loan guarantees in accordance with this section. (B) Approval by secretary.-- (i) In general.--Not later than 120 days after receipt of an application under subparagraph (A), the Secretary shall approve or disapprove the application. (ii) Factors.--In approving or disapproving an application of an eligible public entity under clause (i), the Secretary may consider-- (I) whether the financial plan of the eligible public entity for use of the loan or loan guarantee is in compliance with any requirements set forth in the applicable permit; (II) whether the eligible public entity has the ability to repay a loan or meet the terms of a loan guarantee under the program; and (III) any other factor that the Secretary determines to be appropriate. (C) Administration of loans and loan guarantees.-- As soon as practicable after the date on which the Secretary approves an application under subparagraph (B), the Secretary shall-- (i) establish the loan or loan guarantee with respect to the eligible public entity that is the subject of the application (including such terms and conditions as the Secretary may prescribe); and (ii) carry out the administration of the loan or loan guarantee. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary. (d) Termination of Authority.--The authority under this section shall terminate on the date that is 10 years after the date of enactment of this Act.

Mitigation Facilitation Act of 2015 This bill requires the U.S. Army Corps of Engineers to establish a mitigation loan and loan guarantee program to enable political subdivisions of states to: (1) purchase credits from mitigation banks or in-lieu fee programs, or (2) acquire interests in property that are acquired pursuant to a mitigation project required by the Corps of Engineers under a Clean Water Act permit to discharge dredged or fill material into waters of the United States. Mitigation banks and in-lieu fee programs are designed to compensate for lost functions of waters of the United States resulting from activities under those permits. The authority provided by the bill expires in 10 years.

Mitigation Facilitation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel and Tourism Relief Act of 1995''. SEC. 2. CERTAIN TRAVEL AGENTS NOT TREATED AS EMPLOYEES. (a) In General.--Subsection (a) of section 3508 of the Internal Revenue Code of 1986 (relating to treatment of real estate agents and direct sellers) is amended by striking ``or as a direct seller'' and inserting ``, as a direct seller, or as a qualified travel agent''. (b) Qualified Travel Agent.--Subsection (b) of section 3508 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Qualified Travel Agent.--The term `qualified travel agent' means any individual if-- ``(A) such individual is providing services for-- ``(i) a travel agency appointed by 1 or more commercial airlines, or ``(ii) a travel agency affiliated with the Cruise Lines International Association (CLIA), ``(B) substantially all of the remuneration (whether or not paid in cash) for the services performed by such individual as a travel agent is directly related to sales or other output (including the performance of services) rather than to the number of hours worked, and ``(C) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for Federal tax purposes.'' (c) Clerical Amendments.-- (1) The section heading of section 3508 of such Code is amended by striking ``and direct sellers'' and inserting ``, direct sellers, and travel agents''. (2) The table of sections for chapter 25 is amended by striking ``and direct sellers'' in the item relating to section 3508 and inserting ``, direct sellers, and travel agents''. (d) Effective Date.--The amendments made by this section shall apply to services performed after the date of the enactment of this Act. SEC. 3. INCREASE IN AMOUNT OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT. (a) General Rule.--Paragraph (1) of section 274(n) of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by striking ``50 percent'' and inserting ``80 percent''. (b) Conforming Amendment.--The subsection heading for section 274(n) of such Code is amended by striking ``50'' and inserting ``80''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. REPEAL OF SCHEDULED INCREASE IN TAX ON FUEL USED IN COMMERCIAL AVIATION. (a) In General.--The first sentence of section 4092(b) of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``is attributable to--'' and all that follows and inserting ``is attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (b) Conforming Amendments.-- (1) Paragraph (4) of section 6427(l) of such Code is amended by striking ``is attributable to--'' and all that follows and inserting ``is attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (2) Section 13245 of the Omnibus Budget Reconciliation Act of 1993 is hereby repealed. (c) Effective Date.--The amendments made by this section shall take effect on September 30, 1995. SEC. 5. DEDUCTION FOR PROMOTION OF TOURISM IN THE UNITED STATES. (a) In General.--Section 162 of the Internal Revenue Code of 1986 (relating to trade or business expenses) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Expenses Promoting Tourism in the United States.--In the case of a taxpayer engaged in a trade or business, there shall be allowed as a deduction under this section any amount paid or incurred to promote tourism to the United States by individuals who are not residents of the United States. The preceding sentence shall apply only to amounts which are not otherwise allowable as a deduction under this chapter.'' (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 6. DEDUCTION ALLOWED FOR CONVENTIONS ON FOREIGN-FLAGGED CRUISE SHIPS. (a) In General.--The first sentence of paragraph (2) of section 274(h) of the Internal Revenue Code of 1986 (relating to attendance at conventions, etc.) is amended by striking ``business and that--'' and all that follows and inserting ``business.''. (b) Effective Date.--The amendment made by this section shall apply to cruises beginning after the date of the enactment of this Act.

Travel and Tourism Relief Act of 1995 - Amends the Internal Revenue Code to provide that qualified travel agents shall not be treated as employees for purposes of employment taxes. Increases the deduction for business meals and entertainment from 50 percent to 80 percent of allowable expenses. Repeals the scheduled increase in the rate of tax on fuel used in commercial aviation. Allows an itemized deduction for expenses incurred in promoting tourism to the United States by non-U.S. residents. Allows a tax deduction for the attendance at conventions on foreign-flagged cruise ships.

Travel and Tourism Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Monoxide Poisoning Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, in residential homes and other dwelling units kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``approved carbon monoxide alarm'' means a carbon monoxide alarm that complies with the standards published, incorporated, or amended by the Commission with respect to such alarms pursuant to this Act. (2) The term ``carbon monoxide alarm'' means a device that detects carbon monoxide and sounds a distinctive audible alert before concentrations of carbon monoxide reach levels that would cause symptoms of carbon monoxide poisoning. (3) The term ``Commission'' means the Consumer Product Safety Commission. (4) The term ``dwelling unit'' means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building. (5) The term ``fire code enforcement officials'' means officials of the fire safety code enforcement agency of a State or local government. (6) The term ``NFPA 720'' means the Standard for the Installation of Carbon Monoxide Warning Equipment in Dwelling Units issued by the National Fire Protection Association in 2008, and any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY RULES. (a) Mandatory Standards.--Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Commission shall publish in the Federal Register as mandatory consumer product safety standards the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034) and the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). Such mandatory consumer product safety standards shall take effect 180 days after they are published. (b) Revision of Standards.--Beginning 1 year after the date of enactment of this Act, if either standard described in subsection (a) is revised through the applicable consensus standards development process, Underwriters Laboratories shall notify the Commission of the revision and the revision shall be incorporated in the consumer product safety rule unless, within 60 days of such notice, the Commission determines that such revision does not carry out the purposes of this Act and publishes the basis for such a determination in the Federal Register. (c) Rulemaking.--Notwithstanding any other provision of this Act, the Commission may, at any time subsequent to publication of the consumer product safety standards required by subsection (a), initiate a rulemaking in accordance with section 553 of title 5, United States Code, to amend either standard to include any provision that the Commission determines is reasonably necessary to ensure the safe and effective operation of carbon monoxide alarms. (d) Treatment of Standards for Purposes of Enforcement.--For purposes of enforcement under the Consumer Product Safety Act, the standards published by the Commission pursuant to subsection (a), including any revision to such standards pursuant to subsection (b) or (c), shall be consumer product safety rules as defined in section 3(a)(6) of such Act (15 U.S.C. 2052(a)(6)). SEC. 5. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, the Commission shall complete a study to evaluate whether requiring a language or languages in addition to English would improve the effectiveness of the label required of manufacturers of portable generators by the Commission under part 1407 of title 16, Code of Federal Regulations, to warn consumers of carbon monoxide hazards. SEC. 6. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION. (a) In General.--Subject to the availability of appropriations authorized by subsection (f), the Commission shall establish a grant program to provide assistance to eligible States and local governments to carry out the carbon monoxide poisoning prevention activities in subsection (d). (b) Eligibility.--To be eligible for a grant under the program, a State or local government shall-- (1) demonstrate to the satisfaction of the Commission that a State or local government has adopted a statute, or a State or local government agency has adopted a rule, regulation, or similar measure with the force and effect of law, requiring approved carbon monoxide alarms to be installed in accordance with NFPA 720 in dwelling units; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of any qualified State or local government by the fire code enforcement officials for such State or local government. (c) Grant Amount; Priority.--The Commission shall determine the amount of the grants awarded under this section, and shall give priority to applications from States or local governments that-- (1) require approved carbon monoxide alarms to be installed in each existing dwelling unit-- (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; (2) propose to serve vulnerable populations such as children, the elderly, or low-income households; and (3) demonstrate greater than average losses of life from carbon monoxide poisoning in the home. (d) Use of Funds.--A State receiving a grant under this section may use grant funds-- (1) to purchase and install approved carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (2) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning approved carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (3) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (4) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (e) Limitation on Use of Funds.-- (1) Administrative costs.--No more than 10 percent of any grant funds may be used to cover administrative costs not directly related to training described in paragraph (2) of subsection (d). (2) Public outreach.--No more than 25 percent of any grant may be used to cover costs of activities described in paragraph (4) of subsection (d). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Commission $2,000,000 for each of fiscal years 2011 through 2015 to carry out this Act, such sums to remain available until expended. Any amounts appropriated pursuant to this paragraph that remain unexpended and unobligated at the end of fiscal year 2015 shall be retained by the Commission and credited to the appropriations account that funds enforcement of the Consumer Product Safety Act. (g) Commission Report.--Not later than 1 year after the last day of each fiscal year for which grants are made under this section, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by this section. Passed the House of Representatives July 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Carbon Monoxide Poisoning Prevention Act - Amends the Consumer Product Safety Act (the Act) to require the Consumer Product Safety Commission (CPSC) to publish the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (American National Standard ANSI/UL 2034) and the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075) as mandatory consumer product safety standards. Requires the Underwriters Laboratories to notify the CPSC when either such standard is revised and to incorporate the revision in the consumer product safety rule, unless the CPSC determines that such revision does not carry out the purposes of this Act. Allows the CPSC, at any time subsequent to publication of such consumer product safety standards, to initiate a rulemaking to amend either standard to include any provision determined necessary to ensure the safe and effective operation of carbon monoxide alarms. Treats the national standards published by the CPSC pursuant to this Act, including any revision, as consumer product safety rules for purposes of enforcement under the Act. Requires the CPSC to evaluate whether requiring a language or languages in addition to English would improve the effectiveness of the label required to warn consumers of carbon monoxide hazards. Requires the CPSC to establish a grant program to provide assistance to eligible states and local governments to carry out carbon monoxide prevention activities, including activities for: (1) the purchase and installation of approved carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, or student dwelling units owned by public universities; (2) training state or local fire officials in the proper enforcement of state or local laws concerning such alarms and their installation; and (3) educating the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. Sets limitations on the use of grant funds for: (1) administrative costs not directly related to such training of state and local fire officials; and (2) the costs of the activities of such public outreach. Gives priority to applications from states or local governments that: (1) require the installation of approved carbon monoxide alarms in existing dwelling units within which a fuel-burning appliance, apparatus, or device is installed or which has an attached garage; (2) propose to serve vulnerable populations; and (3) have greater than average losses of life from carbon monixide poisoning in the home. Authorizes appropriations through FY2015 to the CPSC to carry out this Act. Requires the CPSC to report on the implementation of the grant program authorized by this Act.

To amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Handgun Control Act of 1993''. SEC. 2. PROHIBITION AGAINST THE POSSESSION OF A HANDGUN BY, AND THE TRANSFER OF A HANDGUN TO, A MINOR, WITH CERTAIN EXCEPTIONS. (a) Prohibitions.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1)(A) It shall be unlawful for an individual who has not attained 18 years of age to possess a handgun. ``(B) Subparagraph (A) shall not apply to the possession of-- ``(i) a handgun by an individual while-- ``(I) attending a course of instruction in hunter safety or firearms safety that is conducted by a certified instructor (within the meaning of subparagraph (C)); ``(II) practicing the use of a firearm or target shooting in accordance with State and local law; or ``(III) hunting in accordance with State and local law; ``(ii) an unloaded handgun while traveling to or from an activity described in clause (i), if the handgun is in a locked container; or ``(iii) a handgun by an individual on real property that is owned or leased by a parent or legal guardian of the individual, with the consent of a parent or legal guardian of the individual. ``(C) For purposes of subparagraph (B)(i)(I), a course of instruction in hunter safety or firearms safety is conducted by a certified instructor if-- ``(i)(I) the course of instruction is conducted in a State in which there are in effect laws and procedures for the certification of instructors of such a course of instruction; and ``(II) the instructor of the course is certified, in accordance with such laws and procedures, to provide such a course of instruction; or ``(ii)(I) the course of instruction is conducted in a State not described in clause (i); and ``(II) the instructor is certified by a qualified nonprofit organization to provide such a course of instruction. ``(D) As used in subparagraph (C)(ii)(II), the term `qualified nonprofit organization' means a nonprofit organization that-- ``(i) has offices in 40 or more States; and ``(ii) provides firearms safety programs which include training in the safe handling of firearms. ``(2)(A) It shall be unlawful for any person to transfer a handgun or make a handgun available to an individual who the person knows or has reasonable cause to believe has not attained 18 years of age, unless a parent or legal guardian of the individual, who is not prohibited by law from possessing or receiving a firearm, has consented to the transfer. ``(B) It shall be unlawful for any person to transfer a handgun or make a handgun available to an individual who the person knows or has reasonable cause to believe-- ``(i) has not attained 18 years of age; and ``(ii) has been convicted of a crime of violence (as defined in section 924(c)(3)), or has been found to be a juvenile delinquent for an offense which would constitute such a crime if committed by an adult.''. (b) Handgun Defined.--Section 921(a) of such title is amended by adding at the end the following: ``(29) The term `handgun' means-- ``(A) a firearm the barrel of which, excluding any revolving, detachable, or magazine breech, does not exceed 12 inches in length; and ``(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.''. (c) Penalties.--Section 924(a) of such title is amended-- (1) in paragraph (1), by striking ``paragraph (2) or (3) of''; and (2) by adding at the end the following: ``(5)(A) Whoever knowingly violates section 922(s)(1) shall-- ``(i) in the case of the 1st such offense, be fined not more than $10,000, imprisoned not more than 1 year, or both, and chapter 403 shall apply; ``(ii) in the case of the 2nd such offense, be fined not more than $20,000, imprisoned not less than 1 year and not more than 5 years, or both, and chapter 403 shall apply; or ``(iii) in the case of the 3rd such offense, be fined not more than $50,000, imprisoned not less than 1 year and not more than 4 years, or both, and chapter 403 shall not apply. ``(B) Whoever willfully violates section-- ``(i) 922(s)(2)(A) shall be fined not more than $100,000, imprisoned not less than 2 years and not more than 5 years, or both; or ``(ii) 922(s)(2)(B) shall be fined not more than $200,000, imprisoned not less than 5 years and not more than 10 years, or both. ``(C) Section 3571 shall not apply to offenses punishable under this paragraph.''. (d) Technical Amendment.--Section 5031 of such title is amended by inserting ``, and a 1st or 2nd violation by such a person of section 922(s)(1)'' before the period.

Youth Handgun Control Act of 1993 - Amends the Federal criminal code to prohibit a handgun from being possessed by or transferred or made available to an individual who has not attained 18 years of age: (1) if the person making the gun available knows or has reasonable cause to believe that the individual has not attained such age and has been convicted of a crime of violence; or (2) has been found to be a juvenile delinquent for an offense which would constitute such a crime if committed by an adult. Makes exceptions if the handgun is: (1) used to attend a course of instruction in hunter safety or firearms safety that is conducted by a certified instructor; (2) used for practice, target shooting, or hunting in accordance with State and local law; (3) unloaded and locked in a container while traveling to or from the hunter or firearms safety activities; (4) possessed by the individual, with the consent of his or her parent or legal guardian, on real property that is owned or leased by them; or (5) transferred with the consent of the parent or legal guardian of the individual, with an exception. Prescribes penalties.

Youth Handgun Control Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Military Reservist Tax Credit Act''. SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) Qualified employees.-- ``(A) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(i) the excess, if any, of-- ``(I) the qualified employee's average daily qualified compensation for the taxable year, over ``(II) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(ii) $15,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(B) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(i) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(I) 365, and ``(II) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(ii) the term `average daily military pay and allowances' means-- ``(I) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(II) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(C) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(iii) group health plan costs (if any) with respect to the qualified employee. ``(D) Qualified employee.--The term `qualified employee' means a person who-- ``(i) has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(ii) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(2) Qualified replacement employees.-- ``(A) In general.--The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(i) the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or ``(ii) $15,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. ``(B) Qualified compensation.--When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and ``(iii) group health plan costs (if any) with respect to the qualified replacement employee. ``(C) Qualified replacement employee.--The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(c) Self-Employment Credit.--For purposes of this section-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(A) the excess, if any, of-- ``(i) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(ii) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(B) $15,000. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(f) Limitations.-- ``(1) Application with other credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(B) the tentative minimum tax for the taxable year. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: ``(A) Active duty for training under any provision of title 10, United States Code. ``(B) Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. ``(C) Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(g) General Definitions and Special Rules.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(3) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(4) Special rules for certain manufacturers.-- ``(A) In general.--In the case of any qualified manufacturer-- ``(i) subsections (b)(1)(A)(ii), (b)(2)(A)(ii), and (c)(1)(B) shall be applied by substituting `$25,000' for `$15,000', and ``(ii) paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. ``(B) Qualified manufacturer.--For purposes of this paragraph, the term `qualified manufacturer' means any person if-- ``(i) the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and ``(ii) all of such person's facilities which are used for production in such business are located in the United States. ``(5) Carryback and carryforward allowed.-- ``(A) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. ``(B) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). ``(6) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting ``30B(f)(1),'' after ``30(b)(3),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end 30A the following new item: ``Sec. 30B. Employer wage credit for activated military reservists.''. (d) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to establish, with respect to individuals participating in qualified military reserve component duty, a tax credit equal to the sum of: (1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer; and (2) the self-employment credit of a qualified self-employed taxpayer.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom From Nicotine Addiction Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) Tobacco use remains the largest preventable cause of illness and premature death in the United States, responsible for the unnecessary deaths of more than 419,000 Americans each year. (2) Tobacco is a uniquely harmful product in that it kills if used as intended. (3) The United States health care system expenditures due directly to smoking totals $50 billion a year. The United States economy loses $47 billion a year in productivity due to smoking. (4) The 1988 report of the United States Surgeon General concluded that cigarettes and other forms of tobacco are addicting, that nicotine is the drug in tobacco that causes addiction, and that the pharmacologic and behavioral processes that determine tobacco addiction are similar to those that determine addiction to heroin and cocaine. (5) The 1994 report by the United States Surgeon General concluded that the nicotine in tobacco products is responsible for the rapid addiction of up to half of all children who experiment with tobacco. (6) Among adults in the United States who have ever smoked daily, 91 percent tried their first cigarette and 77 percent became daily smokers before they were 20 years old. (7) Nicotine addicts over 3,000 children each day into an activity which eventually will kill approximately \1/2\ of them. (8) The current Commissioner of Food and Drugs has labeled tobacco a pediatric disease. (9) A senior research scientist for one of the largest cigarette manufacturers in the United States has observed: ``The primary incentive to cigarette smoking is the immediate salutary effect of inhaled smoke upon body function . . . The physiological effect serves as the primary incentive; all other incentives are secondary . . . Think of the cigarette pack as a storage container for a day's supply of nicotine . . . Think of the cigarette as a dispenser for a dose unit of nicotine . . . Think of a puff of smoke as the vehicle of nicotine.''. (10) The use of tobacco products continues to be widespread, in spite of increased awareness of their lethal nature, because nicotine which is the single, removable substance in tobacco that causes addiction in children and reinforces that addiction in adults. (11) Tobacco manufacturers have the capability to remove all or virtually all of the nicotine from their tobacco products using technology already in existence. (12) Nicotine destroys the freedom of millions of children and adults in the United States to choose whether or not to continue using tobacco products. SEC. 3. REGULATION. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(gg) The term `tobacco product' means any cigarette, cigar, little cigar, pipe tobacco, fine cut tobacco, or any smokeless tobacco product. ``(hh) The term `nicotine' includes any substance that has pharmacologic activity similar to nicotine.''. (b) Reduction in Nicotine.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended-- (1) in the title by adding at the end ``AND TOBACCO PRODUCTS'', and (2) by adding after subchapter C the following: ``Subchapter D--Tobacco Products ``regulation of tobacco products ``Sec. 545. (a) It shall be unlawful to introduce or deliver for introduction into interstate commerce any tobacco product that is adulterated. ``(b) A tobacco product shall be considered adulterated if it contains nicotine in a quantity per cigarette exceeding the following: ``As of January 1, 1997, 10.00 mg. nicotine. ``As of January 1, 1998, 8.00 mg. nicotine. ``As of January 1, 1999, 6.00 mg. nicotine. ``As of January 1, 2000, 4.00 mg. nicotine. ``As of January 1, 2001, 2.00 mg. nicotine. ``As of January 1, 2002, .05 mg. nicotine. ``(c) The Secretary shall prescribe a reduction in the nicotine in tobacco products other than cigarettes which is comparable to the reduction required by subsection (b). Such reduction shall be published in the Federal Register. Such a tobacco product shall be considered adulterated if it contains nicotine in a quantity exceeding the quantity prescribed by the Secretary.''. (c) Enforcement.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C 331) is amended by adding at the end the following: ``(v) The introduction or delivery for introduction into interstate commerce of an adulterated tobacco product.''.

Freedom From Nicotine Addiction Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful to deliver into interstate commerce a tobacco product with a nicotine content over specified limits. Reduces those limits each year for six years. Provides for enforcement under existing FDCA enforcement provisions.

Freedom From Nicotine Addiction Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ovarian Cancer Biomarker Research Act of 2007''. SEC. 2. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS FOR THE STUDY OF OVARIAN CANCER BIOMARKERS. Subpart 1 of part C of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 417E. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS FOR THE STUDY OF OVARIAN CANCER BIOMARKERS. ``(a) In General.--The Director of the Institute, in consultation with the directors of other relevant institutes and centers of the National Institutes of Health and the Department of Defense Ovarian Cancer Research Program, shall enter into cooperative agreements with, or make grants to, public or nonprofit entities to establish and operate centers to conduct research on biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer, including fallopian tube cancer or primary peritoneal cancer. Each center shall be known as an Ovarian Cancer Biomarker Center of Excellence. ``(b) Research Funded.--Federal payments made under a cooperative agreement or grant under subsection (a) may be used for research on any of the following: ``(1) The development and characterization of new biomarkers, and the refinement of existing biomarkers, for ovarian cancer. ``(2) The clinical and laboratory validation of such biomarkers, including technical development, standardization of assay methods, sample preparation, reagents, reproducibility, portability, and other refinements. ``(3) The development and implementation of clinical and epidemiological research on the utilization of biomarkers for the early detection and screening of ovarian cancer. ``(4) The development and implementation of repositories for new tissue, urine, serum, and other biological specimens (such as ascites and pleural fluids). ``(c) First Agreement or Grant.--Not later than 1 year after the date of the enactment of this section, the Director of the Institute shall enter into the first cooperative agreement or make the first grant under this section. ``(d) Availability of Banked Specimens.--The Director of the Institute shall make available for research conducted under this section banked serum and tissue specimens from clinical research regarding ovarian cancer that was funded by the Department of Health and Human Services. ``(e) Report.--Not later than the end of fiscal year 2009, and annually thereafter, the Director of the Institute shall submit a report to the Congress on the cooperative agreements entered into and the grants made under this section. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for each of the fiscal years 2009 through 2012, and such sums as may be necessary for each of the fiscal years 2013 through 2019. Such authorization of appropriations is in addition to any other authorization of appropriations that is available for such purpose.''. SEC. 3. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE. Subpart 1 of part C of the Public Health Service Act, as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 417F. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE. ``(a) Ovarian Cancer Biomarker Research Committee Established.--The Director of the Institute shall establish an Ovarian Cancer Biomarker Clinical Trial Committee (in this section referred to as the `Committee') to assist the Director to design and implement one or more national clinical trials, in accordance with this section, to determine the utility of using biomarkers validated pursuant to the research conducted under section 417E for risk stratification for, and early detection and screening of, ovarian cancer. ``(b) Membership.-- ``(1) Number.--The Committee shall consist of 11 voting members and such number of nonvoting members as the Director of the Institute determines appropriate. ``(2) Appointment.--The members of the Committee shall be appointed by the Director of the Institute, in consultation with appropriate national medical societies, research societies, and patient advocate organizations, as follows: ``(A) Voting members.--The voting members of the Committee shall be appointed by the Director of the Institute as follows: ``(i) Two patient advocates. ``(ii) Two national experts in statistical analysis, clinical trial design, and patient recruitment. ``(iii) Two representatives from the Gynecologic Oncology Group. ``(iv) One representative from the Department of Defense Ovarian Cancer Research Program. ``(v) Four ovarian cancer researchers. ``(B) Nonvoting members.--The nonvoting members of the Committee shall include such individuals as the Director of the Institute determines to be appropriate. ``(3) Pay.--Members of the Committee shall serve without pay and those members who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the Committee, except that members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under chapter I of chapter 57 of title 5, United States Code. ``(c) Chairperson.--The voting members of the Committee appointed under subsection (b)(2) shall select a chairperson from among such members. ``(d) Meetings.--The Committee shall meet at the call of the chairperson or upon the request of the Director of the Institute, but at least four times each year. ``(e) Clinical Trial Specifications.--In designing and implementing the clinical trials under this section, the Director of the Institute shall provide for the following: ``(1) Participation in trial.--To the greatest extent possible, all academic centers, community cancer centers, and individual physician investigators (as defined in subsection (f)) shall have the opportunity to participate in the trials under this section and to enroll women at risk for ovarian cancer in the trials. ``(2) Costs for enrollments.--Subject to the availability of appropriations, all the costs to the centers and offices described in paragraph (1) for enrolling women in the trials under this section shall be reimbursed by the Institute. ``(3) National data center.--A national data center shall be established in and supported by the Institute to conduct statistical analyses of the data derived from the trials under this section and to store such analyses and data. ``(4) Guidelines for medical community.--Data and statistical analyses of the clinical trials under this section shall be used to establish clinical guidelines to provide the medical community with information regarding the use of biomarkers validated pursuant to the research conducted under section 417E for risk stratification for, and early detection and screening of, ovarian cancer. ``(f) Individual Physician Investigator Defined.--For purposes of subsection (e)(1), the term `individual physician investigator' means a physician-- ``(1) who is a faculty member at an academic institution or who is in a private medical practice; and ``(2) who provides health care services to women at risk for ovarian cancer. ``(g) Report.--Not later than the end of fiscal year 2009, and annually thereafter, the Director of the Institute shall submit a report to the Congress on the activities conducted under this section. ``(h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2009 through 2012, and such sums as may be necessary for each of the fiscal years 2013 through 2019. Such authorization of appropriations is in addition to any other authorization of appropriations that is available for such purpose.''.

Ovarian Cancer Biomarker Research Act of 2007 - Amends the Public Health Service Act to require the Director of the National Cancer Institute to enter into cooperative agreements with, or make grants to, public or nonprofit entities to establish and operate centers to conduct research on biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer. Designates each center as an Ovarian Cancer Biomarker Center of Excellence. Allows federal payments under such an agreement or grant to be used for research on: (1) the development and characterization of new biomarkers and the refinement of existing biomarkers; (2) the clinical and laboratory validation of such biomarkers; (3) the development and implementation of clinical and epidemiological research on the utilization of such biomarkers; and (4) the development and implementation of repositories for new tissue, urine, serum, and other biological specimens. Requires the Director to: (1) make available for research banked serum and tissue specimens from clinical research regarding ovarian cancer that was funded by the Department of Health and Human Services (HHS); (2) establish an Ovarian Cancer Biomarker Clinical Trial Committee to assist the Director to design and implement national clinical trials to determine the utility of such biomarkers; and (3) establish a national data center to conduct statistical analyses of trial data.

To amend the Public Health Service Act to authorize the Director of the National Cancer Institute to make grants for the discovery and validation of biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ticket Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Sponsors and promoters of major music, sporting, and theatrical events are increasingly seeking to control the resale of tickets to such events in the secondary market, by employing restrictive State laws, imposing and enforcing onerous contractual or license terms, and imposing technological barriers on ticket resale. (2) Such restrictions and downstream controls substantially impede interstate commerce in event tickets, drive up ticket prices, reduce availability of tickets to interested purchasers, narrow the choices available to the public, and are unfair to consumers. (3) Eliminating such restrictions and applying free market principles to the secondary market in event tickets would encourage a robust competitive marketplace in such tickets, would promote the healthy growth of electronic commerce in such tickets in online marketplaces, and would be in the best interests of ticket purchasers, fans, and the general public. (4) Purchasers of event tickets, whether in the primary or secondary ticket markets, are entitled to minimum consumer protection standards, including provisions for full refunds of ticket purchases in appropriate circumstances. (5) In order to achieve a nationwide free market in resale of event tickets, Congress must act to preempt State or local laws that unjustifiably restrict such resales, while preserving State and local authority to legislate or regulate to prevent fraud, maintain public order, or vindicate other legitimate State and local interests. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Event.--The term ``event'' means any concert, theatrical performance, sporting event, exhibition, show, or similar scheduled activity, taking place in a venue with a seating or attendance capacity exceeding 1,000 persons-- (A) that is open to the general public; (B) for which an admission fee is charged; and (C) that is promoted, advertised, or marketed in interstate commerce or for which event tickets are generally sold in interstate commerce. (3) Event ticket.--The term ``event ticket'' means any physical, electronic, or other form of a certificate, document, voucher, token, or other evidence indicating that the bearer, possessor, or person entitled to possession through purchase or otherwise has-- (A) a revocable or irrevocable right, privilege, or license to enter an event venue or occupy a particular seat or area in an event venue with respect to one or more events; or (B) an entitlement to purchase such a right, privilege, or license with respect to one or more future events. (4) Person.--The term ``person'' means any natural person, partnership, corporation, association, or other legal entity, including any person acting under color or authority of State law. (5) Resale.--The term ``resale'' includes any form of transfer, or offering to transfer, of possession or entitlement to possession of an event ticket from one person to another, with or without consideration, whether in person or by means of telephone, mail, delivery service, facsimile, Internet, email, or other electronic means. The term ``resale'' does not include the initial sale of an event ticket by the ticket issuer. (6) State.--The term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. (7) Ticket issuer.--The term ``ticket issuer'' means any person that first makes event tickets available, directly or indirectly, to the general public, and may include-- (A) the operator of a venue; (B) the sponsor or promoter of an event; (C) a sports team participating in an event or a league whose teams are participating in an event; (D) a theater company, musical group or similar participant in an event; or (E) an agent of any such person. (8) Venue.--The term ``venue'' means the theater, stadium, field, hall, or other facility where an event takes place. SEC. 4. PROHIBITION. (a) Unlawful Conduct.--Except as otherwise provided in this Act, it shall be unlawful for any ticket issuer to prohibit or restrict the resale or offering for resale of an event ticket by a lawful possessor thereof. (b) Activities Described.--Activities prohibited to ticket issuers by this Act include-- (1) purporting to impose license or contractual terms on the initial sale of event tickets (including terms printed on the back of a physical ticket) that prohibit resale of the ticket, or restrict the price or other terms and conditions under which a ticket may be resold; (2) requiring the purchaser of a ticket, whether for a single event or for a series or season of events, to agree not to resell the ticket, or to resell the ticket only through a specific channel approved by the ticket issuer; (3) bringing legal action, based on an unlawful prohibition or restriction on resale of an event ticket, against-- (A) a purchaser who resells or offers to resell an event ticket without permission of the ticket issuer, or in violation of a restriction purportedly imposed by the ticket issuer; (B) persons who facilitate or provide services for the resale of event tickets without such permission or in alleged violation of such a restriction; or (C) the operator of a physical or electronic marketplace in which a ticket is offered for resale without such permission or in alleged violation of such a restriction; (4) imposing any penalty on a ticket purchaser who resells or offers to resell an event ticket without permission or in violation of a restriction purportedly imposed by the ticket issuer, or treating such a purchaser in any material way less favorably than a similarly situated purchaser who does not resell or offer to resell an event ticket, or who complies with resale restrictions purportedly imposed by the ticket issuer; (5) employing technological means, including any means of promoting, carrying out, documenting or verifying sales of event tickets, or of controlling entry to venues by lawful possessors of event tickets, that have the effect of prohibiting or restricting the ability of purchasers to resell such tickets; or (6) seeking to limit or restrict the price, or to impose a minimum or maximum price, at which an event ticket may be resold. SEC. 5. CONSUMER PROTECTION MINIMUM STANDARDS. (a) Unlawful Conduct.--It shall be unlawful for any person to engage in the primary or resale market for event ticket sales in any manner specified in subsection (b) without complying with the consumer protection minimum standards specified in this section with regard to event ticket sales. (b) Application.--This section applies to all persons engaged in the trade or business of-- (1) acting as a ticket issuer; (2) engaging in the resale of event tickets, except in the case of an individual engaged in resales of no more than 25 tickets in any one year; or (3) providing a physical or electronic marketplace for the sale or resale of event tickets by other persons. (c) Compliance.--A person subject to this section may comply with its provisions by conducting its sales or resales of event tickets in a physical or electronic marketplace that provides the consumer protection minimum standards specified in this section. (d) General Requirements.--All persons subject to this section shall-- (1) maintain a toll-free telephone number for complaints and inquiries regarding its activities in the sale or resale of event tickets; and (2) implement and reasonably publicize a standard refund policy that meets the minimum standards stated in subsection (d). (e) Requirements of Refund Policy.--The standard refund policy described in subsection (c)-- (1) shall provide a consumer who purchases an event ticket from the person a full refund if-- (A) the event is canceled before the scheduled occurrence of the event, and is not rescheduled; (B) the event ticket sold by the person and received by the purchaser is counterfeit; (C) the event ticket has been canceled by the ticket issuer for nonpayment by the original purchaser, or for any reason other than an act or omission of the consumer; (D) the event ticket materially and to the detriment of the consumer fails to conform to the description provided by the seller; or (E) the event ticket was not delivered to the consumer prior to the occurrence of the event, unless such failure of delivery was due to any act or omission of the consumer; (2) shall include in a full refund the full price paid by the consumer for the event ticket, together with any fees charged in connection with that purchase, including convenience fees, processing fees, at-home printing charges, shipping and handling charges, or delivery fees; and (3) may condition entitlement to a refund upon timely return of the ticket purchased, and may include reasonable safeguards against abuse of the policy. (f) Requirements as Minimum Requirements.--Nothing in this section shall be construed to prohibit any person subject to this section from implementing consumer protection policies that exceed the minimum standard set forth in this section, and that are otherwise compliant with this Act. SEC. 6. ENFORCEMENT. (a) Unfair and Deceptive Act or Practice.--Any violation of section 4 or 5 shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act regarding unfair or deceptive acts or practices. (b) Enforcement by the Federal Trade Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers and duties, as though all applicable provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Enforcement by States.-- (1) Civil action.--In any case in which the attorney general of a State, or an agency of a State responsible for consumer protection, has reason to believe that an interest of the residents of that State has been or is adversely affected by any person who violates section 4 or 5 of this Act, the attorney general or the State agency, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of section 4 or 5 by the defendant; or (B) to obtain damages on behalf of residents of the State, in an amount equal to the greater of-- (i) the actual monetary loss suffered by such residents; or (ii) the amount determined under paragraph (2). (2) Statutory damages.-- (A) In general.--For purposes of paragraph (1)(B)(ii), the amount determined under this paragraph is the amount calculated by multiplying the number of violations by up to $100, with each ticket subject to an unlawful prohibition or restriction, or sold or offered to be sold in violation of section 5, counted as a separate violation. (B) Limitation.--For any violation of section 4 or 5 with respect to any one event, the amount determined under subparagraph (A) may not exceed $1,000,000. (3) Attorney fees.--In the case of any successful action under paragraph (1), the court, in its discretion, may award the costs of the action and reasonable attorney fees to the State. (4) Rights of federal regulators.--The State shall serve prior written notice of any action under paragraph (1) upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Federal Trade Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; (C) to remove the action to the appropriate United States district court; and (D) to file petitions for appeal. (5) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) maintains a physical place of business. (7) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. SEC. 7. EFFECT ON STATE LAW. (a) Preemption in General.--Except as otherwise provided in this section, this Act preempts and supersedes any inconsistent statute, regulation, or rule of a State or political subdivision of a State that purports to permit any action prohibited by this Act, but only to the extent of such inconsistency. (b) Preemption of Antiscalping Laws.--This Act preempts and supersedes any statute, regulation, or rule of a State or political subdivision of a State that limits the price at which an event ticket may be resold. (c) Savings.--Nothing in this Act shall be construed to preempt the applicability of the law of a State or political subdivision of a State that-- (1) regulates or prohibits the sale or resale of event tickets-- (A) based on proximity of the location of sale to the location of a venue; or (B) in a manner that constitutes disorderly conduct or breach of the peace; (2) empowers the operator of a venue or its agent to deny admission to any person, or to eject any person from an event, in order to preserve public safety or order, or to prevent or restrict the admission of minors; (3) prohibits fraud, deception, or similar practices in connection with the sale or resale of tickets, or prohibits the sale or resale of counterfeit tickets; (4) treats a ticket as a license for any purpose other than the prohibition or restriction of resale; (5) regulates the initial sale of event tickets by limiting the number of tickets that may be purchased from a ticket issuer by a single person; or (6) prohibits the intentional circumvention of technological means employed by ticket issuers to enforce limitations on the number of tickets that may be purchased by a single person, or the sale or distribution of devices, computer programs, or other tools for the purpose of such circumvention. SEC. 8. EXCEPTIONS. Nothing in this Act shall be interpreted to invalidate restrictions on the resale of tickets imposed by-- (1) sponsors or promoters of events intended solely to benefit charitable endeavors, for which all tickets are distributed free of charge; (2) not-for-profit educational institutions, with respect to athletic events involving athletes or teams of such institutions, to the extent that such restrictions apply to tickets initially distributed by the institution to-- (A) students, faculty, staff members, or alumni without charge; or (B) members of bona fide booster organizations consisting of those making substantial financial contributions to the institution. SEC. 9. EFFECTIVE DATE. This Act shall take effect 1 year after the date of enactment, and shall apply to tickets for all events which occur on or after the effective date.

Ticket Act - Makes it unlawful for any: (1) ticket issuer to prohibit or restrict the resale or offering for resale of an event ticket by a lawful possessor; and (2) person to engage in the primary or resale market for event ticket sales without complying with the consumer protection minimum standards specified in this Act. Treats a violation of such prohibitions as an unfair or deceptive act or practice under the Federal Trade Commission Act. Provides for state enforcement of such prohibitions. Prohibits state action during the pendency of an enforcement action by the Federal Trade Commission (FTC). Exempts from such prohibitions resale restrictions imposed by: (1) sponsors or promoters of charitable events for which all tickets are distributed without charge; and (2) not-for-profit educational institutions for athletic events involving their athletes or teams with respect to tickets initially distributed to students, faculty, staff, or alumni without charge, or to members of bona fide booster organizations.

To prohibit restrictions on the resale of event tickets sold in interstate commerce as an unfair or deceptive act or practice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Screening Act of 1995''. SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING SERVICES. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Frequency and Payment Limits for Colorectal Screening Procedures.-- ``(1) Screening fecal-occult blood tests.-- ``(A) Payment limit.--In establishing fee schedules under section 1833(h) with respect to screening fecal- occult blood tests provided for the purpose of early detection of colon cancer, except as provided by the Secretary under paragraph (3)(A), the payment amount established for tests performed-- ``(i) in 1996 shall not exceed $5; and ``(ii) in a subsequent year, shall not exceed the limit on the payment amount established under this subsection for such tests for the preceding year, adjusted by the applicable adjustment under section 1833(h) for tests performed in such year. ``(B) Frequency limits.--Subject to revision by the Secretary under paragraph (3)(B), no payment may be made under this part for a screening fecal-occult blood test provided to an individual for the purpose of early detection of colon cancer if the test is performed-- ``(i) on an individual under 50 years of age; or ``(ii) within the 11 months after a previous screening fecal-occult blood test. ``(2) Periodic colorectal screening procedures for individuals not at high risk for colorectal cancer.-- ``(A) Payment amount.--The Secretary shall establish a payment amount under section 1848 with respect to periodic colorectal screening procedures provided for the purpose of early detection of colon cancer that is consistent with payment amounts under such section for similar or related services, except that such payment amount shall be established without regard to subsection (a)(2)(A) of such section. The Secretary shall establish a single payment amount for periodic colorectal screening procedures, which shall be based on the cost of a flexible sigmoidoscopy or barium enema procedure, as the Secretary determines appropriate. ``(B) Frequency limits.--Subject to revision by the Secretary under paragraph (4)(B), no payment may be made under this part for a periodic colorectal screening procedure provided to an individual for the purpose of early detection of colon cancer if the procedure is performed-- ``(i) on an individual under 50 years of age; or ``(ii) within the 59 months after a previous periodic colorectal screening procedure. ``(C) Periodic colorectal screening procedure defined.--The term `periodic colorectal screening procedure' means a flexible sigmoidoscopy, barium enema screening procedure, or other screening procedure for colorectal cancer, as determined by the Secretary. ``(3) Screening for individuals at high risk for colorectal cancer.-- ``(A) Payment amount.--The Secretary shall establish a payment amount under section 1848 with respect to each eligible procedure for screening for individuals at high risk for colorectal cancer (as determined in accordance with criteria established by the Secretary) provided for the purpose of early detection of colon cancer that is consistent with payment amounts under such section for similar or related services, except that such payment amount shall be established without regard to subsection (a)(2)(A) of such section. The Secretary may establish a payment amount for a barium enema procedure pursuant to this paragraph that is different from the payment amount established pursuant to paragraph (2) for a periodic colorectal screening procedure for an individual not at high risk for colorectal cancer so long as the payment amount established pursuant to paragraph (2) is not based on the cost of a barium enema procedure. ``(B) Eligible procedures.--Procedures eligible for payment under this part for screening for individuals at high risk for colorectal cancer for the purpose of early detection of colorectal cancer shall include a screening colonoscopy, a barium enema screening procedure, or other screening procedures for colorectal cancer as the Secretary determines appropriate. ``(C) Frequency limit.--Subject to revision by the Secretary under paragraph (4)(B), no payment may be made under this part for a screening procedure for individuals at high risk for colorectal cancer provided to an individual for the purpose of early detection of colon cancer if the procedure is performed within the 23 months after a previous screening procedure. ``(D) Factors considered in establishing criteria for determining individuals at high risk.--In establishing criteria for determining whether an individual is at high risk for colorectal cancer for purposes of this paragraph, the Secretary shall take into consideration family history, prior experience of cancer or precursor neoplastic polyps, a history of chronic digestive disease condition (including inflammatory bowel disease, Crohn's disease, or ulcerative colitis), the presence of any appropriate recognized gene markers for colorectal cancer and other predisposing factors. ``(4) Reductions in payment limit and revision of frequency.-- ``(A) Reductions in payment limit.--The Secretary shall review from time to time the appropriateness of the amount of the payment limit established for screening fecal-occult blood tests under paragraph (1)(A). The Secretary may, with respect to tests performed in a year after 1998, reduce the amount of such limit as it applies nationally or in any area to the amount that the Secretary estimates is required to assure that such tests of an appropriate quality are readily and conveniently available during the year. ``(B) Revision of frequency and determination of eligible procedures.-- ``(i) Review.--The Secretary shall review periodically the appropriate frequency for performing screening fecal-occult blood tests, periodic colorectal screening procedures, and screening procedures for individuals at high risk for colorectal cancer based on age and such other factors as the Secretary believes to be pertinent, and shall review periodically the availability, effectiveness, and cost of screening procedures for colorectal cancer other than those specified in this section. ``(ii) Revision of frequency and determination of eligible procedures.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such tests and procedures may be paid for under this subsection and may determine that additional screening procedures shall be considered to be `periodic colorectal screening procedures' or an eligible procedure for the screening of individuals at high risk for colorectal cancer, but no such revision shall apply to tests or procedures performed before January 1, 1999. ``(5) Limiting charges of nonparticipating physicians.-- ``(A) In general.--In the case of a periodic colorectal screening procedure provided to an individual for the purpose of early detection of colon cancer or a screening provided to an individual at high risk for colorectal cancer for the purpose of early detection of colon cancer for which payment may be made under this part, if a nonparticipating physician provides the procedure to an individual enrolled under this part, the physician may not charge the individual more than the limiting charge (as defined in section 1848(g)(2)). ``(B) Enforcement.--If a physician or supplier knowing and willfully imposes a charge in violation of subparagraph (A), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2).''. (b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(e)(1),''. (2) Section 1823(h)(1)(A) of such Act (42 U.S.C. 1935l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to paragraphs (1) and (3)(A) of section 1834(e), the Secretary''. (3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42 U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and inserting ``a service (other than a periodic colorectal screening procedure provided to an individual for the purpose of early detection of colon cancer or an eligible screening procedure provided to an individual at high risk for colorectal cancer for the purpose of early detection of colon cancer)''. (4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the semicolon at the end and inserting ``, and''; and (iii) by adding at the end the following new subparagraph: ``(G) in the case of screening fecal-occult blood tests, periodic colorectal screening procedures, and screening procedures provided for the purpose of early detection of colon cancer, which are performed more frequently than is covered under section 1834(e);''; and (B) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to services furnished on or after January 1, 1996.

Colorectal Cancer Screening Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B (Supplementary Medical Insurance) for screening fecal-occult blood tests, flexible sigmoidoscopies, barium enemas, and other appropriate screening procedures for colorectal cancer, such as a colonoscopy.

Colorectal Cancer Screening Act of 1995

SECTION 1. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY ``Sec. 621. Pilot program ``(a) The Director of the Office of Management and Budget (in this subchapter referred to as the `Director') shall conduct a pilot program, to be known as the `Federal Real Property Disposal Pilot Program', under which real property that is not meeting Federal Government needs may be disposed of in accordance with this subchapter. ``(b) For purposes of this subchapter, the Director shall identify criteria for determining whether real property is not meeting Federal Government needs. ``(c) For the fiscal years 2010 through 2019, the Director shall dispose of real property generating proceeds of not less $19,000,000,000 under the Federal Real Property Disposal Pilot Program. ``(d) The Director shall not include for purposes of the Federal Real Property Pilot Program any parcel of real property, building, or other structure located on such real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). ``(e) The Federal Real Property Disposal Pilot Program shall terminate on September 30, 2019. ``Sec. 622. Selection of real properties ``Agencies will recommend candidate disposition properties to the Director for participation in the pilot program. The Director, with the concurrence of the head of the executive agency concerned and consistent with the criteria established in section 621, may then select such candidate properties for participation in the pilot program and notify the recommending agency accordingly. ``Sec. 623. Expedited disposal requirements ``(a) For purposes of the pilot program, an `expedited disposal of a real property' is a sale of real property for cash that is conducted pursuant to the requirements of section 545 of this title. ``(b) Real property sold under the pilot program must be sold at not less than the fair market value as determined by the Director in consultation with the head of the executive agency. Costs associated with disposal may not exceed the fair market value of the property unless the Director approves incurring such costs. ``(c) A real property may be sold under the pilot program only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). A disposal of real property under the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. ``(d) Nothing in this subchapter shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e). ``(e) Any expedited disposal of a real property conducted under this section shall not be subject to-- ``(1) subchapter IV of this chapter; ``(2) sections 550 and 553 of title 40, United States Code; ``(3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ``(4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or ``(5) any congressional notification requirement other than that in section 545 of this title. ``Sec. 624. Special rules for deposit and use of proceeds from expedited disposals ``(a) Agencies that conduct expedited disposals of real properties under this subchapter shall be reimbursed from the proceeds for the administrative expenses associated with the disposal of such properties. Such amounts will be credited as offsetting collections to the account that incurred such expenses, to remain available until expended without further appropriations. ``(b) After payment of such administrative costs, the balance of the proceeds shall be distributed as follows: ``(1) Eighty percent shall be deposited into the Treasury as miscellaneous receipts. ``(2) Twenty percent shall be deposited into the account of the agency that owned the real property and initiated the disposal action. Such funds shall be available without further appropriation, to remain available for the period of the pilot program, for activities related to Federal real property capital improvements and disposal activities. Upon termination of the pilot program, any unobligated amounts shall be transferred to the general fund of the Treasury.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: ``subchapter vii--expedited disposal of real property ``Sec. 621. Pilot program. ``Sec. 622. Selection of real properties. ``Sec. 623. Expedited disposal requirements. ``Sec. 624. Special rules for deposit and use of proceeds from expedited disposals.''.

Requires the Director of the Office of Management and Budget (OMB) to: (1) conduct a Federal Real Property Disposal Pilot Program for the expedited disposal of real property that is not meeting federal government needs; and (2) identify criteria for identifying such property. Requires the Director, for FY2010-FY2019, to dispose of real property generating proceeds of not less than $19 billion under the Program. Prohibits the Director from including any parcel of real property, building, or other structure located on real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990. Requires agencies to recommend candidate disposition properties to the Director, who shall select properties for participation in the Program and notify the recommending agency. Prohibits real property from being sold under the program: (1) for less than fair market value; (2) if it will not generate monetary proceeds to the federal government exceeding disposal costs; or (3) in a non-cash transaction. Requires participating agencies to receive reimbursement for associated administrative expenses and 20% of the balance of the remaining proceeds. Terminates the program on September 30, 2019.

To establish a pilot program for the expedited disposal of Federal real property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Lighthouse Preservation Act of 2000''. SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS. Title III of the National Historic Preservation Act (16 U.S.C. 470w, 470w-6) is amended by adding at the end the following new section: ``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION. ``(a) In General.--In order to provide a national historic light station program, the Secretary shall-- ``(1) collect and disseminate information concerning historic light stations, including historic lighthouses and associated structures; ``(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations; ``(3) sponsor or conduct research and study into the history of light stations; ``(4) maintain a listing of historic light stations; and ``(5) assess the effectiveness of the program established by this section regarding the conveyance of historic light stations. ``(b) Conveyance of Historic Light Stations.-- ``(1) Process and policy.--Not later than 1 year after the date of the enactment of this section, the Secretary and the Administrator shall establish a process and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use of such light station by the eligible entity. ``(2) Application review.--The Secretary shall review all applications for the conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be `excess property' as that term is defined in the Federal Property Administrative Services Act of 1949 (40 U.S.C. 472(e)), and forward to the Administrator a single approved application for the conveyance of the historic light station. When selecting an eligible entity, the Secretary shall consult with the State Historic Preservation Officer of the State in which the historic light station is located. ``(3) Conveyance of historic light stations.--(A) Except as provided in subparagraph (B), the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to the historic light station, subject to the conditions set forth in subsection (c) after the Secretary's selection of an eligible entity. The conveyance of a historic light station under this section shall not be subject to the provisions of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard Authorization Act of 1998 (Public Law 105-383). ``(B)(i) Historic light stations located within the exterior boundaries of a unit of the National Park System or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary. ``(ii) If the Secretary approves the conveyance of a historic light station referenced in this paragraph, such conveyance shall be subject to the conditions set forth in subsection (c) and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge. ``(iii) If the Secretary approves the sale of a historic light station referenced in this paragraph, such sale shall be subject to the conditions set forth in subparagraphs (A) through (D) and (H) of subsection (c)(1) and subsection (c)(2) and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge. ``(iv) For those historic light stations referenced in this paragraph, the Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities, as provided in this Act, to the extent such cooperative agreements are consistent with the Secretary's responsibilities to manage and administer the park unit or wildlife refuge, as appropriate. ``(c) Terms of Conveyance.-- ``(1) In general.--The conveyance of a historic light station shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United States, the Administrator considers necessary to ensure that-- ``(A) the Federal aids to navigation located at the historic light station in operation on the date of conveyance remain the personal property of the United States and continue to be operated and maintained by the United States for as long as needed for navigational purposes; ``(B) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for navigational purposes; ``(C) the eligible entity to which the historic light station is conveyed under this section shall not interfere or allow interference in any manner with any Federal aid to navigation, nor hinder activities required for the operation and maintenance of any Federal aid to navigation, without the express written permission of the head of the agency responsible for maintaining the Federal aid to navigation; ``(D) the eligible entity to which the historic light station is conveyed under this section shall, at its own cost and expense, use and maintain the historic light station in accordance with this Act, the Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR part 68, and other applicable laws, and any proposed changes to the historic light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the State in which the historic light station is located, for consistency with 36 CFR part 800.5(a)(2)(vii), and the Secretary of the Interior's Standards for Rehabilitation, 36 CFR part 67.7; ``(E) the eligible entity to which the historic light station is conveyed under this section shall make the historic light station available for education, park, recreation, cultural or historic preservation purposes for the general public at reasonable times and under reasonable conditions; ``(F) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station, any part thereof, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, unless such sale, conveyance, assignment, exchange or encumbrance is approved by the Secretary; ``(G) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activities at the historic light station, any part thereof, or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless such commercial activities are approved by the Secretary; and ``(H) the United States shall have the right, at any time, to enter the historic light station conveyed under this section without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this subsection, to the extent that it is not possible to provide advance notice. ``(2) Maintenance of aid to navigation.--Any eligible entity to which a historic light station is conveyed under this section shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aids to navigation permitted under section 83 of title 14, United States Code, to the eligible entity. ``(3) Reversion.--In addition to any term or condition established pursuant to this subsection, the conveyance of a historic light station shall include a condition that the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, at the option of the Administrator, shall revert to the United States and be placed under the administrative control of the Administrator, if-- ``(A) the historic light station, any part thereof, or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions which shall be set forth in the eligible entity's application; ``(B) the historic light station or any part thereof ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation; ``(C) the historic light station, any part thereof, or any associated historic artifact ceases to be maintained in compliance with this Act, the Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR part 68, and other applicable laws; ``(D) the eligible entity to which the historic light station is conveyed, sells, conveys, assigns, exchanges, or encumbers the historic light station, any part thereof, or any associated historic artifact, without approval of the Secretary; ``(E) the eligible entity to which the historic light station is conveyed, conducts any commercial activities at the historic light station, any part thereof, or in conjunction with any associated historic artifact, without approval of the Secretary; or ``(F) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part thereof is needed for national security purposes. ``(d) Description of Property.-- ``(1) In general.--The Administrator shall prepare the legal description of any historic light station conveyed under this section. The Administrator, in consultation with the Commandant, United States Coast Guard, and the Secretary, may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historic light station and located at the light station at the time of conveyance. Wherever possible, such historical artifacts should be used in interpreting that station. In cases where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum entities most closely associated with the station, if they meet loan requirements. ``(2) Artifacts.--Artifacts associated with, but not located at, the historic light station at the time of conveyance shall remain the personal property of the United States under the administrative control of the Commandant, United States Coast Guard. ``(3) Covenants.--All conditions placed with the quitclaim deed of title to the historic light station shall be construed as covenants running with the land. ``(4) Submerged lands.--No submerged lands shall be conveyed under this section. ``(e) Definitions.--For purposes of this section: ``(1) Administrator.--The term `Administrator' shall mean the Administrator of General Services. ``(2) Historic light station.--The term `historic light station' includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog signal building, boat house, barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated therewith; provided that the `historic light station' shall be included in or eligible for inclusion in the National Register of Historic Places. ``(3) Eligible entity.--The term `eligible entity' shall mean: ``(A) any department or agency of the Federal Government; or ``(B) any department or agency of the State in which the historic light station is located, the local government of the community in which the historic light station is located, nonprofit corporation, educational agency, or community development organization that-- ``(i) has agreed to comply with the conditions set forth in subsection (c) and to have such conditions recorded with the deed of title to the historic light station; and ``(ii) is financially able to maintain the historic light station in accordance with the conditions set forth in subsection (c). ``(4) Federal aid to navigation.--The term `Federal aid to navigation' shall mean any device, operated and maintained by the United States, external to a vessel or aircraft, intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation, and shall include, but not be limited to, a light, lens, lantern, antenna, sound signal, camera, sensor, electronic navigation equipment, power source, or other associated equipment. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior.''. SEC. 3. SALE OF HISTORIC LIGHT STATIONS. Title III of the National Historic Preservation Act (16 U.S.C. 470w, 470w-6), as amended by section 2 of this Act, is amended by adding at the end the following new section: ``SEC. 309. HISTORIC LIGHT STATION SALES. ``(a) In General.--In the event no applicants are approved for the conveyance of a historic light station pursuant to section 308, the historic light station shall be offered for sale. Terms of such sales shall be developed by the Administrator of General Services and consistent with the requirements of section 308, subparagraphs (A) through (D) and (H) of subsection (c)(1), and subsection (c)(2). Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light station and ensure that any Federal aid to navigation located at the historic light station is operated and maintained by the United States for as long as needed for that purpose. ``(b) Net Sale Proceeds.--Net sale proceeds from the disposal of a historic light station-- ``(1) located on public domain lands shall be transferred to the National Maritime Heritage Grant Program, established by the National Maritime Heritage Act of 1994 (Public Law 103-451) within the Department of the Interior; and ``(2) under the administrative control of the Coast Guard shall be credited to the Coast Guard's Operating Expenses appropriation account, and shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Coast Guard, such funds to remain available until expended and shall be available in addition to funds available in the Operating Expense appropriation for this purpose.''. SEC. 4. FUNDING. There are hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary and the Administrator of General Services (Administrator) to establish a process and policy for identifying and selecting an eligible entity for: (1) conveyance of historic light stations for preservation purposes; and (2) monitoring the use of such stations. Prescribes application review and conveyance procedures. States that the conveyance recipient shall not be required to maintain any Federal aid to navigation associated with a historic light station (except certain statutorily permitted private aids). Precludes submerged lands from any such conveyance. Mandates offer for sale of any historic light station for which no applicants for conveyance are approved. Sets forth guidelines under which net sale proceeds shall be distributed to either the National Maritime Heritage Grant Program or the Coast Guard's Operating Expenses appropriation account. Authorizes appropriations.

National Historic Lighthouse Preservation Act of 2000

SECTION 1. FINDINGS. Congress makes the following findings: (1) Identification Friend or Foe equipment and accessories are used by the Armed Forces to maintain the superior ability of members of the Armed Forces to operate under the cover of darkness and in inclement conditions, while providing for identification of fellow members. (2) Glo-patches and other Identification Friend or Foe equipment and accessories are assigned a demilitarization code of ``D'', which requires the total destruction of the property and components by melting, cutting, tearing, scratching, crushing, breaking, punching, or neutralizing, so as to preclude restoration or repair to a usable condition. (3) Under current regulations, Identification Friend or Foe equipment and accessories may not be exported outside of the United States without express permission by the Department of Defense or the Department of State. (4) However, between August and October of 2006, 4,800 surplus combat uniforms bearing glo-tape patches were inadvertently sold despite a determination by the Department of Defense in July 2006 that the patches had to be removed and destroyed before the uniforms could be sold. (5) Subsequent investigation in June 2007 determined that Identification Friend or Foe equipment and accessories were easily obtained at retailers in several areas of the United States. (6) On January 20, 2007, between nine and twelve Iraqi insurgents successfully masqueraded as members of the United States Armed Forces while dressed in United States military combat fatigues, and were able to kill one soldier and abduct four other soldiers, highlighting the dangers faced by members of the Armed Forces when the enemy is able to disguise itself as members of the United States Armed Forces. SEC. 2. PROHIBITION ON SALE OR DONATION BY THE DEPARTMENT OF DEFENSE OF IDENTIFICATION FRIEND OR FOE EQUIPMENT AND ACCESSORIES. (a) Prohibition.--Chapter 153 of title 10, United States Code, is amended by inserting after section 2572 the following new section: ``Sec. 2573. Prohibition on sale or donation of Identification Friend or Foe equipment and accessories ``(a) Prohibition.--The Secretary of Defense may not authorize the sale, resale, or donation of equipment or accessories of the Department of Defense designated as Identification Friend or Foe equipment or accessories. ``(b) Exceptions.--The prohibition contained in subsection (a) does not apply to the following: ``(1) The sale of Identification Friend or Foe equipment or accessories by the Department of Defense, including a nonappropriated fund instrumentalities of the Department, to a member of the armed forces possessing valid military identification for the member's personal use. ``(2) The sale or donation of Identification Friend or Foe equipment or accessories to a museum or similar organization located in the United States that is involved in the preservation of equipment of the armed forces for historical purposes, except that no more than one item of each type of Identification Friend or Foe equipment or accessories may be sold or donated to any one such museum or organization. ``(3) Such other sale or donation as the Secretary of Defense determines could not result in the Identification Friend or Foe equipment or accessories being acquired by enemies of the United States. ``(c) Notice of Prohibition of Sale of IFF Equipment or Accessories.--The Secretary of Defense shall require the prohibition specified in this section to be prominently and immediately displayed on any media that provides for the private purchase of surplus military equipment. ``(d) Identification Friend or Foe Equipment or Accessory Defined.--In this section, the term ``Identification Friend or Foe equipment or accessory'' means any system of infrared or reflective components designed and manufactured at the request of, and to the specifications of, the Department of Defense to be used for the identification of a person as a member of the armed forces in poor lighting conditions.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2572 the following new item: ``2573. Prohibition on sale or donation of Identification Friend or Foe equipment and accessories.''. SEC. 3. PROHIBITION ON UNAUTHORIZED POSSESSION OF IDENTIFICATION FRIEND OR FOE EQUIPMENT AND ACCESSORIES. Section 701 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting ``(a) Agency Badges, Identification Cards, or Other Insignia.--Whoever''; and (2) by adding at the end the following new subsection: ``(b) Military Identification Friend or Foe Equipment or Accessories.--Whoever manufactures, sells, or possesses any identification friend or foe equipment or accessories, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both. In this subsection, the term ``Identification Friend or Foe equipment or accessory'' means any system of infrared or reflective components designed and manufactured at the request of, and to the specifications of, the Department of Defense to be used for the identification of a person as a member of the armed forces in poor lighting conditions.''. SEC. 4. EFFECTIVE DATE. The amendments made by this section shall take effect 30 days after the date of the enactment of this Act.

Prohibits the sale or donation of Department of Defense designated as Identification Friend or Foe equipment or accessories, with specified exceptions. Subjects to civil or criminal penalties, or both, persons who manufacture, sell, or possess such items without authorization.

To amend title 10, United States Code, to prohibit the disposal by the Department of Defense of surplus military items designated as Identification Friend or Foe items, to amend title 18, United States Code, to make it a misdemeanor to possess or traffic in Identification Friend or Foe items, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Observation Systems Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The 95,000-mile coastline of the United States is vital to the Nation's homeland security, transportation, trade, environmental and human health, recreation and tourism, food production, scientific research and education, historical and cultural heritage, and energy production. (2) More than half of the Nation's population lives and works in coastal communities that together make up 11 percent of its land and its most ecologically and economically important regions. These regions support approximately 190 seaports, contain most of the Nation's largest cities, and provide access to coastal waters rich in natural resources. (3) The Nation's coastal waters and Great Lakes provide tremendous value to the Nation's economy. The Nation's ports handle goods valued at more than $700,000,000,000 annually and nearly half of the goods, including energy products, contain hazardous materials; the value of the fishing industry exceeds $28,000,000,000 annually; the value of the recreational fishing industry is estimated at $20,000,000,000 annually; and the value of the offshore oil and gas industry is between $25,000,000,000 and $40,000,000,000 annually. (4) The rich biodiversity of marine organisms provides society with essential food resources, a promising source of marine products with commercial and medical potential, and an important contribution to the national economy. (5) The oceans and the Great Lakes drive climate and weather factors causing severe weather events and threatening the health of coastal ecosystems and communities by creating or affecting both natural and manmade coastal hazards such as hurricanes, tsunamis, erosion, oil spills, harmful algal blooms, and pollution, which can each pose threats to human health and safety. (6) Each year, the Coast Guard relies on ocean information to save 4,380 people, conducts over 65,000 rescue missions, and carries out more than 11,680 environmental cleanups and responses to pollution. (7) Safeguarding homeland security requires improved monitoring of the Nation's ports and coastline, including the ability to track vessels and to provide rapid response teams with real-time environmental conditions necessary for their work. (8) Advances in sensing technologies and scientific understanding have made possible long-term and continuous observation from shore, space, and in situ of ocean and coastal characteristics and conditions. (9) Many elements of an ocean and coastal observing system are in place but require Federal investment to consolidate, complete, sustain, and integrate. (10) National investment in a sustained and integrated ocean and coastal observing system and in coordinated programs of research would assist the Nation and the world in understanding the oceans and the global climate system, strengthen homeland security, improve weather and climate forecasts, strengthen management of marine resources, improve the safety and efficiency of maritime operations, and mitigate coastal hazards. (b) Purposes.--The purposes of this Act are to provide for-- (1) the development of an integrated ocean observing system that provides the data and information required to ensure national security and the quality of life, sustains economic development, sustains and restores healthy marine ecosystems and the resources they support, enables advances in scientific understanding of the oceans, and strengthens science education and communication; (2) implementation of a research and development program to better understand the oceans and achieve the goals of an integrated ocean observing system; (3) implementation of a data and information management system required by all components of an integrated ocean and coastal observing system and related research; and (4) establishment of a system of regional ocean and coastal observing systems to address local needs for ocean information. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Council.--The term ``Council'' means the National Ocean Research Leadership Council established under section 7902(a) of title 10, United States Code. (2) IOOS.--The term ``IOOS'' means the integrated ocean and coastal observing system to be established by the Council under section 4(a). (3) National oceanographic partnership program.--The term ``National Oceanographic Partnership Program'' means the program established under section 7901 of title 10, United States Code. (4) Interagency program office.--The term ``interagency program office'' means the office established under section 4(d). SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM. (a) Establishment.--The President, acting through the Council, shall carry out a pilot program to establish an integrated ocean and coastal observing system of monitoring, data communication and management, analysis, modeling, and research designed to provide data and information for the timely detection and prediction of changes occurring in the marine and coastal environment that impact the Nation's social, economic, and ecological systems. The IOOS shall provide for continuous and quality-controlled observations of the oceans and coasts for the following purposes: (1) Improving the health of the Nation's oceans, coasts, and Great Lakes. (2) Protecting human lives and livelihoods from hazards. (3) Supporting national defense and homeland security efforts. (4) Understanding the effects of human activities and natural variability on the state of the ocean and coasts and the Nation's socioeconomic well-being. (5) Measuring, explaining, and predicting environmental changes. (6) Providing for the sustainable use, protection, and enjoyment of ocean and coastal resources. (7) Providing a scientific basis for implementation and refinement of ecosystem-based management. (8) Educating the public about the role and importance of the oceans in daily life. (9) Tracking and understanding climate change and the ocean's and Great Lake's roles in it. (10) Supplying important information to marine-related businesses such as marine transportation, aquaculture, fisheries, and offshore energy production. (b) System Elements.--In order to fulfill the purposes of this Act, the IOOS shall consist of the following program elements: (1) A national observation program to fulfill national priorities, including the Nation's contribution to the Global Ocean Observing System. (2) A network of regional associations to manage the regional ocean and coastal observing and information programs that collect, measure, and disseminate data and information products to meet regional needs. (3) A data management and communication system for the timely integration and dissemination of data and information products from the national and regional systems. (4) A research and development program conducted under the guidance of the Council and implemented through the National Oceanographic Partnership Program. (5) An outreach, education, and training program that augments existing programs, such as the National Sea Grant program and the Centers for Ocean Science Education Excellence program, to ensure the use of the data and information for improving public education and awareness of the Nation's oceans and building the technical expertise required to operate and improve the IOOS. (c) Council Functions.--In carrying out responsibilities under this section, the Council shall-- (1) serve as the oversight body for the design and implementation of all aspects of the IOOS; (2) adopt plans and budgets that are designed and maintained by the interagency program office; (3) coordinate the IOOS with other earth observing activities and the Global Ocean Observing System; (4) coordinate and administer a program of research and development under the National Oceanographic Partnership Program to support the operation of an integrated ocean and coastal observing system and to advance the understanding of the oceans; (5) establish pilot projects to develop technology and methods for advancing the development of the IOOS; (6) support the development of institutional mechanisms to further the goals of the program and provide for the capitalization of the required infrastructure; (7) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs; and (8) in consultation with the Secretary of State, coordinate relevant Federal activities with those of other nations. (d) Interagency Program Office.-- (1) Establishment.--There is established under the Council an interagency program office to be known as ``OceanUS''. (2) Responsibilities.--The interagency program office shall be responsible for program planning and coordination of the IOOS. The interagency program office shall-- (A) prepare annual and long-term plans for consideration by the Council for the design and implementation of the IOOS that promote collaboration among Federal agencies and regional associations in developing the global and national observing systems, including identification and refinement of a core set of variables to be measured by all systems; (B) coordinate the development of agency budgets for implementation of the IOOS, including budgets for the regional associations; (C) establish standards and protocols for data management and communications, including quality standards, in consultation with participating Federal agencies and regional associations; (D) certify the regional associations and establish a process for their periodic review and recertification; and (E) establish an external technical committee to provide biannual review of the IOOS. (e) Lead Federal Agency.--The National Oceanic and Atmospheric Administration shall be the lead Federal agency for implementation and operation of the IOOS. Based on the plans prepared by the interagency program office and adopted by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) coordinate implementation, operation, and improvement of the IOOS; (2) establish efficient and effective administrative procedures to allocate funds to other Federal agencies and regional associations in a timely manner and according to the budget adopted by the Council; and (3) implement and maintain the appropriate elements of the IOOS. (f) Regional Ocean and Coastal Observing Systems.--Regional associations shall be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of the users groups in the region while adhering to national standards. A regional association shall-- (1) demonstrate an organizational structure capable of supporting and integrating all aspects of a regional ocean and coastal observing and information program within a region; (2) prepare and have approved by the interagency program office a strategic operations plan that ensures the operation and support of regional ocean and coastal observing systems pursuant to the standards established by the Council; and (3) provide information products for multiple users in the region. (g) Civil Liability.--For purposes of section 1346(b)(1) and chapter 171 of title 28, United States Code, any regional ocean and coastal observing system that is designated part of a regional association under this section shall, in carrying out the purposes of this Act, be deemed to be part of the National Oceanic and Atmospheric Administration, and any employee of such system, while acting within the scope of his or her employment in carrying out such purposes, shall be deemed to be an employee of the Government. SEC. 5. INTERAGENCY FINANCING. The departments and agencies represented on the Council are authorized to participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member of the Council for the purposes of carrying out any administrative or programmatic project or activity under this Act or under the National Oceanographic Partnership Program, including support for the interagency program office, a common infrastructure, and system integration for an ocean and coastal observing system. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Council member and the costs of the same. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Observing System Authorization.--For development and implementation of an integrated ocean and coastal observing system under section 4, including financial assistance to the interagency program office, to the regional associations for the implementation of regional ocean and coastal observing systems, and to the departments and agencies represented on the Council, there are authorized, in addition to any amounts previously authorized, to be appropriated to the National Oceanic and Atmospheric Administration $100,000,000 for fiscal year 2006. (b) Regional Ocean and Coastal Observing Systems.-- (1) In general.--Based on guidelines formulated by the interagency program office and approved by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall provide funding to certified regional associations to design, implement, operate, and improve regional ocean and coastal observing and information systems. (2) Funding.--To carry out paragraph (1), the Administrator shall set aside from amounts appropriated pursuant to subsection (a) $50,000,000 for fiscal year 2006. (c) Availability.--Sums appropriated pursuant to this section shall remain available until expended. SEC. 7. REPORTING REQUIREMENT. Not later than March 31, 2006, the President, acting through the Council, shall transmit to Congress a report on the pilot program established under section 4. The report shall include a description of activities carried out under the program, an evaluation of the effectiveness of the program, and recommendations concerning reauthorization of the program and funding levels for the program in succeeding fiscal years.

Ocean and Coastal Observation Systems Act of 2004 - Directs the President, acting through the National Ocean Research Leadership Council (NORLC), to carry out a pilot program to establish an integrated ocean and coastal observing system (IOOS) of monitoring, data communication and management, analysis, modeling, and research to provide data and information for the timely detection and prediction of changes occurring in the marine and coastal environment that impact the Nation's social, economic, and ecological systems. Establishes within NORLC an interagency program office (OceanUS) which shall be responsible for program planning and coordination of the IOOS. Requires the National Oceanic and Atmospheric Administration (NOAA) to be the lead Federal agency for implementation and operation of the IOOS. Requires regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of the users groups in the region while adhering to national standards.

To establish a pilot program to develop a comprehensive system of ocean and coastal observations for the Nation's oceans, coasts, and Great Lakes, including enhanced security at United States ports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Independent Health Insurance Advisors Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Licensed independent insurance producers (agents and brokers) provide a wide range of services for both individual consumers and the business community. Producers interface with insurers, acquire quotes, analyze plan options, and consult clients through the purchase of health insurance. (2) Licensed independent insurance producers provide guidance regarding benefit and contribution arrangements to ensure compliance with applicable State and Federal laws and regulations; assist with establishing section 125 plan tax savings under the Internal Revenue Code, health reimbursement arrangements, flexible spending arrangements, evaluating and securing small business tax credits as provided in the Patient Protection and Affordable Care Act, and other programs to maximize tax advantages and ensure compliance with applicable Internal Revenue Service guidelines; create educational materials and provide on-site assistance to aid in employee benefit communication; assist in managing eligibility for new hires and terminated employees; provide advocacy for employees through the health insurance claim process; and advocate for employers with insurers in developing proposals, renewals, and for service issues throughout the year. (3) In order to meet these responsibilities, licensed independent insurance producers are required to complete continuing education on an ongoing basis in order to maintain appropriate licenses. This requirement to maintain educational standards helps assure the insured public that producers remain current with the ever-evolving insurance market. (4) It is essential that licensed independent insurance producers continue to perform these duties, and others, as the Patient Protection and Affordable Care Act has made significant changes to the regulatory environment for health plans. To understand these changes, employers and consumers will need professional guidance even more in the future. This service is especially important for small businesses, as such producers often fill the role of a human resources department as well as professional consultant. (5) The National Association of Insurance Commissioners (NAIC), whose core mission is to protect consumers in all aspects of the business of insurance, strongly advocates for the continuing role of licensed independent insurance producers in health insurance, and has expressed that the ability of insurance agents and brokers to continue assisting health insurance consumers at a time of rapid insurance market changes is more essential than ever. On November 22, 2011, the NAIC adopted a resolution stating that ``Congress should expeditiously consider legislation amending the MLR provisions of the PPACA in order to preserve consumer access to agents and brokers''. (6) It is critical that the indispensable role played by licensed independent insurance producers is recognized and protected. SEC. 3. PROTECTING THE ABILITY OF LICENSED INDEPENDENT INSURANCE PRODUCERS TO CONTINUE TO SERVE THE PUBLIC. (a) In General.--Section 2718 of the Public Health Service Act (42 U.S.C. 300gg-18), as inserted by section 1001 and amended by section 10101(f) of the Patient Protection and Affordable Care Act (Public Law 110-148), is amended-- (1) in subsection (a)(3), by inserting ``, remuneration paid for licensed independent insurance producers,'' after ``State taxes''; and (2) in subsection (b)(1)-- (A) in the matter preceding clause (i) of subparagraph (A), by inserting ``, remuneration paid for licensed independent insurance producers in the individual and small group market,'' after ``State taxes''; and (B) in subparagraph (B)(i)(II), by inserting ``, remuneration paid for licensed independent insurance producers in the individual and small group market,'' after ``State taxes''; and (3) by adding at the end the following: ``(f) Independent Insurance Producer Remuneration Definitions.--For purposes of this section: ``(1) The term `independent insurance producer' means an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular State to sell, solicit, negotiate, service, effect, procure, renew or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance. ``(2) The term `remuneration' means compensation paid by or accrued from an insurance issuer or health plan for services rendered under contractual agreement which may include fees, commissions, or rebates, but which shall not include production bonuses.''. (b) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall amend any applicable regulations as necessary to implement the amendments made by subsection (a).

Access to Independent Health Insurance Advisors Act of 2012 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.

A bill to amend title XXVII of the Public Health Service Act to preserve consumer and employer access to licensed independent insurance producers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil War Sesquicentennial Commission Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a Civil War Sesquicentennial Commemoration Commission to-- (1) ensure a suitable national observance of the sesquicentennial of the Civil War that includes recognition of the historic, social, legal, cultural, and political forces that-- (A) brought about the Civil War; and (B) influenced the course and outcomes of the Civil War; (2) explore the causes of the Civil War to gain a better understanding of the reasons that the democratic framework of the United States failed to resolve the sectional issues without resorting to war; (3) fully examine and reflect on the consequences of the Civil War, which Congress directed the National Park Service to address in National Park Service programs and materials beginning in 1999, including consequences such as-- (A) the Reconstruction era and the aftermath of that era; (B) the economic devastation of the entire South as a result of long-term post-war policies; (C) the concomitant constriction of equal rights for African-American citizens; and (D) the ultimate economic recovery of the region and the extension of civil rights for the descendants of enslaved peoples almost a century later; (4) assist States and national organizations with programs and activities for the observance of the sesquicentennial of the Civil War; (5) assist in ensuring that any observance of the sesquicentennial of the Civil War is inclusive and appropriately recognizes the experiences and points of view of all people affected by the Civil War; and (6) provide assistance for the development of programs, projects, and activities on the Civil War that have lasting educational and preservation value. SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION. The Secretary of the Interior shall establish a commission to be known as the Civil War Sesquicentennial Commemoration Commission (referred to in this Act as the ``Commission''). SEC. 4. COMPOSITION OF THE COMMISSION. (a) In General.--The Commission shall be composed of 25 members as follows: (1) Government members.--The Commission shall include-- (A) 2 Members of the Senate appointed by the President pro tempore of the Senate, in consultation with the majority leader and the minority leader of the Senate; (B) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives; (C) the Secretary of the Interior or the designee of the Secretary; (D) the Secretary of the Smithsonian Institution, or the designee of the Secretary; (E) the Secretary of Education, or the designee of the Secretary; (F) the Secretary of Defense, or the designee of the Secretary; (G) the Chairman of the National Endowment for the Humanities, or the designee of the Chairman; (H) the Chairman of the National Endowment for the Arts, or the designee of the Chairman; (I) the Archivist of the United States, or the designee of the Archivist; (J) the Librarian of Congress, or the designee of the Librarian; and (K) the Director of the National Park Service, or the designee of the Director. (2) Private members.--The Commission shall include-- (A) 3 members appointed by the President from among individuals who are representative of the corporate community and nonprofit community; and (B) 9 individuals, appointed by the President, from among persons who by reason of education, training, and experience, are experts on the Antebellum, Civil War, and Reconstruction eras and the preservation, interpretation, and presentation of those eras to the public, including-- (i) 5 individuals with expertise in history or related academic disciplines germane to the Civil War, including-- (I) individuals representing the museum community, in particular history museums and historical societies, such as the National Civil War Museum; (II) individuals with expertise in art history, historic preservation, or a related field; (III) individuals with expertise in anthropology, cultural geography, sociology, or a related field; and (IV) individuals with expertise in political science, law, economics, or a related field; (ii) 1 individual with expertise in the preservation of Civil War historic sites and battlefields; and (iii) 3 individuals representing State Civil War sesquicentennial efforts. (b) Terms.-- (1) Government members.--If any member of the Commission who was appointed as an officer under subsection (a)(1) leaves that office, the member may continue as a member of the Commission for not longer than the 30-day period beginning on the date on which the member leaves the office. (2) Private members.--Private members appointed under subsection (a)(2) shall be appointed for the life of the Commission. (c) Vacancies.--Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (d) Initial Appointments.--The appointment of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. SEC. 5. GENERAL PROVISIONS. (a) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the members appointed under subparagraphs (A) and (B) of section 4(a)(2) shall call the first meeting of the Commission. (2) Subsequent meetings.--The Commission shall hold subsequent meetings at the call of the chairperson. (b) Chairperson and Vice Chairperson.--At the initial meeting, the Commission shall elect a Chairperson and Vice Chairperson from among its voting members. (c) Quorum.--A majority of voting members shall constitute a quorum, but a lesser number may hold meetings. (d) Voting.-- (1) In general.--The Commission shall act only on an affirmative vote of a majority of the voting members of the Commission. (2) Nonvoting members.--The individuals appointed under subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting members, and shall serve only in an advisory capacity. SEC. 6. DUTIES OF THE COMMISSION. (a) Activities Related to the Sesquicentennial.--The Commission shall-- (1) plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, including activities in recognition of the historic, social, legal, cultural, and political forces that-- (A) caused the Civil War; and (B) influenced the course and outcomes of the Civil War; (2) encourage interdisciplinary examination of the Civil War; (3) facilitate and promote Civil War-related activities throughout the United States; (4) encourage civic, historical, educational, economic, preservation, and other organizations throughout the United States to organize and participate in activities to expand the understanding and appreciation of the significance of the Civil War; (5) coordinate and facilitate the public distribution of scholarly research, publications, and interpretations of the Civil War through institutions such as the Virginia Center for Digital History at the University of Virginia, the Valley of the Shadow, Center for Study of the American South at the University of North Carolina, and the Center for the Study of Southern Culture at the University of Mississippi; (6) coordinate with, and provide technical assistance to, States, units of local government, and nonprofit organizations (including State and local sesquicentennial commemoration entities) to further the commemoration of the sesquicentennial of the Civil War; (7) coordinate and facilitate commemoration activities of Federal agencies relating to the sesquicentennial of the Civil War; (8) develop programs and facilities to ensure that the sesquicentennial commemoration of the Civil War results in a positive legacy and long-term public benefit; (9) encourage and facilitate the preservation of Civil War- related historic sites and battlefields as a lasting legacy of the sesquicentennial commemoration; (10) plan, develop, and carry out programs and activities to use funds raised from individuals, foundations, and corporations for sesquicentennial activities at the national level; (11) at the election of the Commission, provide funds to State and local programs to carry out activities that advance the goals of the Commission; and (12) encourage the development and conduct of programs designed to involve the international community in activities that commemorate the Civil War. (b) Plans and Report.-- (1) Strategic plan and annual performance plans.--The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Commission carried out under this Act. (2) Reports.-- (A) Annual report.--The Commission shall submit to Congress an annual report that contains a list of each gift, bequest, or devise with a value of more than $250, together with the identity of the donor of each such gift, bequest, or devise. (B) Final report.--Not later than December 30, 2015, the Commission shall submit to Congress a final report that contains-- (i) a summary of activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. SEC. 7. GRANT PROGRAM. (a) Grants Authorized.--The National Endowment for the Humanities shall award grants under this section for the uses described in subsection (b). (b) Use of Grants.--Grants awarded under this section shall be used for appropriate activities relating to the sesquicentennial of the Civil War. (c) Consideration.--In awarding grants under this section, the National Endowment of the Humanities shall consider and give priority to programs carried out by institutions of higher education, museums, nonprofit organizations, professional associations, or State sesquicentennial commissions with a national scope that support the duties of the Commission described in section 6, including programs that concentrate on the role of African Americans in the Civil War. SEC. 8. POWERS OF THE COMMISSION. The Commission may-- (1) solicit, accept, use, and dispose of gifts, bequests, or devises of money or other real or personal property for the purpose of aiding or facilitating the work of the Commission; (2) appoint any advisory committee as the Commission considers appropriate for the purposes of this Act; (3) authorize any voting member or employee of the Commission to take any action that the Commission is authorized to take under this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements to carry out this Act (except that any contracts, leases, or other legal agreements entered into by the Commission shall not extend beyond the date of the termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; and (6) establish a foundation that is independent from, but affiliated with, the Commission to support, as the Commission determines to be necessary, the efforts of the Commission. SEC. 9. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission, and members of any advisory committee appointed under section 8(2), shall serve without compensation. (b) Travel Expenses.--Members of the Commission, and members of any advisory committees appointed under section 8(2), 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 Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Government Employees.-- (1) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (2) Civil service status.--The detail of an employee under paragraph (1) shall be without interruption or loss of civil service status or privilege. (e) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (f) Support Services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (g) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at daily 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. (h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (i) Termination.--The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under section 6(b)(2). SEC. 10. AUDIT OF COMMISSION. The Inspector General of the Department of the Interior shall perform an annual audit of the Commission and shall make the results of the audit available to the public. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act (other than section 7) $500,000 for each of fiscal years 2012 through 2016. (b) Grants.--There is authorized to be appropriated $3,500,000 to the National Endowment for the Humanities to provide grants under section 7, to remain available until expended.

Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commemoration Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties. Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider and give priority to programs carried out by institutions of higher education, museums, nonprofit organizations, professional associations, or state sesquicentennial commissions that support the duties of the Commission, including those that concentrate on the role of African Americans in the Civil War.

A bill to establish a commission to commemorate the sesquicentennial of the American Civil War.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Go Pack Go Act of 2018''. SEC. 2. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(a) Definitions.--In this section-- ``(1) the term `cable operator' has the meaning given the term in section 602; ``(2) the terms `covered county' and `in-State, adjacent- market network station retransmission' have the meanings given those terms in section 119(d) of title 17, United States Code, except that, in the case of a cable operator, any reference to a satellite carrier or a subscriber of a satellite carrier shall be considered to be a reference to a cable operator or a subscriber of a cable operator, respectively; ``(3) the term `local market' has the meaning given the term in section 122(j) of title 17, United States Code; ``(4) the term `local network station' means, with respect to a subscriber and a television network, the network station-- ``(A) that is affiliated with the television network; and ``(B) within the local market of which the subscriber is located; and ``(5) the terms `network station' and `satellite carrier' have the meanings given those terms in section 119(d) of title 17, United States Code. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(c) Relationship to Local Signal Carriage Requirements.--If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)-- ``(1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the subscriber the signal of a local network station under section 338, 614, or 615; and ``(2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(g) of title 17, United States Code, the provision of that retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of that section and section 342 of this Act. ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. (b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph.''; and (B) in paragraph (2), by adding at the end the following: ``(I) In-state, adjacent-market network station retransmissions.--Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties.''; and (2) in subsection (d)-- (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: ``(1) Covered county.--The term `covered county' has the meaning given the term in section 119(d) of title 17, United States Code. ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. (c) No Effect on Ability To Receive Significantly Viewed Signals.-- Section 340(b)(3) of the Communications Act of 1934 (47 U.S.C. 340(b)(3)) is amended by inserting before the period at the end the following: ``or to a subscriber who elects under section 344(b), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in- State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 344)''. SEC. 3. AVAILABILITY OF COPYRIGHT LICENSE. (a) Secondary Transmissions of Distant Television Programming by Satellite.--Section 119 of title 17, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(B)(i), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause.''; and (B) in paragraph (3), by adding at the end the following: ``(G) In-state, adjacent-market network station retransmissions.--Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties.''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (D), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(F) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county.''; and (B) by adding at the end the following: ``(16) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located-- ``(A) in a subscriber's State; and ``(B) in a local market that is adjacent to the subscriber's local market. ``(17) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. ``(B) The county is not in the local market of any television broadcast station-- ``(i) that is affiliated with the same network; and ``(ii) whose community of license is located in the subscriber's State.''. (b) Secondary Transmissions of Local Television Programming by Satellite.--Section 122(a) of title 17, United States Code, is amended-- (1) in paragraph (2)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 344(b) of the Communications Act of 1934)''; and (2) in paragraph (3)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 344(b) of the Communications Act of 1934)''.

Go Pack Go Act of 2018 This bill amends the Communications Act of 1934 to require a cable operator or satellite carrier to provide certain subscribers in specified Wisconsin counties who elect to receive a television network: (1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station retransmission; or (3) both retransmissions. A satellite carrier shall be required to provide a retransmission only to the extent that it is technically feasible. The bill defines "in-state, adjacent-market network station retransmission" as the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located in a subscriber's state and in a local market that is adjacent to the subscriber's local market. This bill shall apply to such an in-state, adjacent-market network station retransmission to a subscriber, to specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) that are not in the local market of any television broadcast station that is affiliated with the same network and whose community of license is located in the subscriber's state. The bill exempts in-state, adjacent-market network station retransmissions in such counties from: (1) retransmission consent requirements that prohibit cable operators from retransmitting broadcast stations without the authority of the originating station, and (2) statutory licensing limitations under federal copyright laws concerning satellite retransmissions to unserved households and secondary transmissions of distant signals.

Go Pack Go Act of 2018

SECTION 1. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT. (a) Civilian Contracts.--Section 3309 of title 41, United States Code, is amended-- (1) in subsection (d), by striking ``The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to'' and all that follows through the period at the end and inserting the following: ``The maximum number specified in the solicitation shall not exceed 5 unless the head of the contracting activity approves the contracting officer's justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government's interest. The contracting officer shall provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.''; and (2) by adding at the end the following new subsection: ``(f) Design and Construction Contracts.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code.''. (b) Defense Contracts.--Section 2305a(d) of title 10, United States Code, is amended-- (1) in subsection (d) by striking ``The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to'' and all that follows through the period at the end and inserting the following: ``The maximum number specified in the solicitation shall not exceed 5 unless the head of the agency contracting activity approves the contracting officers justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government's interest. The contracting officer shall provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.''; and (2) by adding at the end the following new subsection: ``(f) Design and Construction Contracts.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code.''. (c) Reports.-- (1) Reports regarding agency actions.-- (A) In general.--There shall be compiled for each executive agency an annual report of each instance in which the agency awarded a design-build contract pursuant to section 3309 of title 41, United States Code, or section 2305a(d) of title 10, United States Code, as amended by this Act, in which-- (i) more than 5 finalists were selected for phase-two requests for competitive proposals; or (ii) the contract was awarded without using two-phase selection procedures. (B) Responsibility.--The Director of the Office of Management and Budget shall designate the head of each executive agency to serve as executive agent for the compilation of the report required by subparagraph (A) and to facilitate public access to the report through electronic means. A notice of the availability of each report shall be published in the Federal Register. (C) Deadline.--The first report shall include reportable instances during the fiscal year that includes the date of enactment of this Act. Additional reports shall be issued for the subsequent 4 fiscal years. Each report shall be issued within 60 days after the end of the fiscal year covered by the report. (2) GAO report.--Not later than 270 days after the deadline for the final report required under paragraph (1), the Comptroller General of the United States shall issue a report analyzing the compliance of the various executive agencies in complying with the requirements of section 3309 of title 41, United States Code, and section 2305a(d) of title 10, United States Code, as applicable, as amended by this section. (3) Executive agency defined.--In this subsection, the term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

Modifies design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work to require the contracting officer to provide written documentation of how more than five finalists in a solicitation for a contract is consistent with the purposes and objectives of the two-phase selection process (a procurement process in which the first phase consists of prequalification or shortlisting and the second phase consists of preparation and submission of complete design-build proposals from the prequalified offerors). Requires the use of two-phase selection procedures for civilian or defense contracts when a contracting officer determines that the contract has a value of $750,000 or greater, adjusted for inflation. Requires: (1) agencies to report on contracts for which more than five finalists were selected for phase-two requests or for which the contract was awarded without using two-phase selection procedures, and (2) the Comptroller General (GAO) to report on the compliance of executive agencies with design-build contract procedures.

A bill to improve the design-build process in Federal contracting.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mathematics and Science Consistency Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has fallen behind other industrialized countries in terms of competing in a global economy. This deterioration is due in large part to the diminishing number of well-trained people in the fields of mathematics, science, and technology, as well as the decrease in scientific innovations generated from the United States in recent years. (2) Not only did the United States produce fewer graduates in mathematics, science, and engineering in 2002 than it did in 1985, but the United States is also generating far fewer college graduates in those fields than other countries. In China, 59 percent of undergraduates receive degrees in science and engineering and in Japan, 66 percent receive such degrees, but in the United States, only 32 percent of undergraduates receive degrees in science and engineering. (3) United States students are scoring far behind students in other countries on international mathematics and science assessments. A recent Trends in International Mathematics and Science Study (TIMSS), the largest and most comprehensive comparative international study of education, found that 12th graders in the United States ranked 21st out of 40 industrialized countries on general knowledge in mathematics and science. Furthermore, the Programme for International Student Assessment (PISA), an organization that compiles reports on the reading and mathematics skills of 15-year-olds, found that the United States ranked 28th out of 40 nations surveyed in mathematics literacy. (4) In the United States, each State has its own set of standards and curriculum for mathematics and science education in kindergarten through grade 12, with its own definition of proficiency for these standards. When each State's definition of proficiency is compared to a national model, less than 40 percent of the students in grade 4, and only 17 percent of the students in grade 12, reach the national proficiency level in mathematics. In addition, approximately \1/3\ of the students in grades 4 and 8, and nearly \1/2\ of the students in grade 12, do not reach the basic level in science, according to the recent National Assessment of Educational Progress. (5) In its report, Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future, the National Academy of Sciences recommends that the Department of Education collect ``effective K-12 materials that would be available free of charge as a voluntary national curriculum that would provide an effective standard for K-12 teachers''. The National Academy of Sciences advocates for the creation of world-class national benchmarks and a national curriculum in order to ensure students are receiving the skills needed to successfully compete in a global economy. SEC. 3. DEVELOP VOLUNTARY NATIONAL EXPECTATIONS AND A VOLUNTARY NATIONAL CURRICULUM FOR MATHEMATICS AND SCIENCE EDUCATION IN KINDERGARTEN THROUGH GRADE 12. (a) Panel.--The Secretary of Education shall convene a panel to produce voluntary national expectations for mathematics and science education, accompanied by a sample curriculum for mathematics and science and assessment items for each expectation, for kindergarten through grade 12. (b) Members of Panel.--The panel described in subsection (a) shall be composed of-- (1) professionals from the National Academy of Sciences; (2) psychometricians; (3) State-level education officials; (4) National Board certified teachers; (5) recipients of Presidential Awards for Excellence in Mathematics and Science Teaching under section 117(a) of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1881b(a)); (6) representatives of the National Science Foundation; (7) representatives of the National Council of Teachers of Mathematics; (8) representatives of the National Science Teachers Association; and (9) members of any other entities that the Secretary of Education determines necessary. (c) Duties of Panel.--The panel described in subsection (a) shall-- (1) identify the core ideas in mathematics and science common to all States; (2) develop a minimum comprehensive set of voluntary national expectations for mathematics and science, based on the core ideas in mathematics and science common to all States, that are taken, or adapted, from-- (A) the effective State mathematics and science standards, as of the date of enactment of this Act; or (B) the most recent National Science Education Standards developed by the National Science Teacher Association and the most recent Principles and Standards for School Mathematics developed by the National Council of Teachers of Mathematics; (3) develop a model curriculum for mathematics and science based on the voluntary national expectations, that is taken or adapted from effective State mathematics and science teaching materials to serve as a voluntary national curriculum; (4) develop sample assessment questions based on each national mathematics and science expectation for teachers to use throughout the school year to guide instruction; and (5) develop and coordinate professional development criteria that would prepare teachers to incorporate the voluntary national expectations. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the panel 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 panel. All members of the panel 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. (2) Travel expenses.--The members of the panel 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 panel. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2007 and 2008. SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES. (a) In General.--From amounts appropriated under subsection (e) for a fiscal year, the Secretary of Education shall award grants, on a competitive basis, to eligible State educational agencies to enable the eligible State educational agencies to carry out all of the following: (1) Contract with entities that publish educational materials, in order to develop instructional materials based on the voluntary national curriculum for mathematics and science developed under section 3(c)(3), in order to effectively teach the voluntary national expectations developed under such section. (2) Ensure that the eligible State educational agency has the infrastructure and technical assistance necessary to provide all instructional materials developed under paragraph (1) online and free of charge to teachers and school faculty and staff. (3) Train mathematics and science teachers in kindergarten through grade 12-- (A) to effectively use instructional materials to teach the voluntary national expectations for mathematics and science produced under section 3(c)(2); and (B) to use the assessment questions developed under section 3(c)(4) to steer instruction. (b) Application.--An eligible State educational agency desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. The application shall include a description of the activities that will be carried out through a grant under this section. (c) Report.--Not later than 60 days after the last day of the grant period, an eligible State educational agency receiving a grant under this section shall prepare and submit a report to the Secretary of Education describing the results of the grant. (d) Definition of Eligible State Educational Agency.--In this section, the term ``eligible State educational agency'' means a State educational agency that agrees to adopt and implement the voluntary national expectations and the voluntary national curriculum for mathematics and science education in kindergarten through grade 12 that are developed under section 3. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section a total of $100,000,000 for the fiscal years 2007 through 2011. SEC. 5. REPORT. Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of Education shall-- (1) study the effects of the voluntary national expectations and the voluntary national curriculum of mathematics and science on student achievement developed under section 3 on the National Assessment of Educational Progress, the Trends in International Mathematics and Science Study, and the Programme for International Student Assessment, for the most recent year available, as compared to the effects of State standards and curricula on student achievement on such assessments; and (2) shall prepare and submit a report to Congress on the Secretary's findings.

National Mathematics and Science Consistency Act - Directs the Secretary of Education to convene a panel to produce, for kindergarten through grade 12 (K-12), voluntary national expectations for science and mathematics education, sample assessment questions based on them, and a model mathematics and science curriculum. Requires such expectations to be based on core ideas in mathematics and science common to all states, and the model curriculum to be taken or adapted from effective state mathematics and science teaching materials. Requires the panel also to develop and coordinate professional development criteria that would prepare teachers to incorporate such expectations. Requires the Secretary to award competitive grants to states to: (1) develop instructional materials based on the voluntary national mathematics and science curriculum; (2) ensure that the infrastructure and technical assistance to provide such instructional materials online and free of charge to school personnel is available; and (3) train K-12 mathematics and science teachers to use the instructional materials and assessment questions in teaching.

A bill to create a set of effective voluntary national expectations, and a voluntary national curriculum, for mathematics and science education in kindergarten through grade 12, and for other purposes.

SECTION 1. QUALIFIED ENERGY EFFICIENCY PROPERTY ELIGIBLE FOR ENERGY CREDIT AND GRANTS. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (vi), by adding ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) qualified energy efficiency property,''. (b) Energy Percentage.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) qualified energy efficiency property described in paragraph (3)(A)(viii), and''. (c) Qualified Energy Efficiency Property.--Section 48(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Qualified energy efficiency property.-- ``(A) In general.--The term `qualified energy efficiency property' means any property-- ``(i) which is residential rental property, nonresidential real property, or mixed use real property, ``(ii) which is a qualified building, ``(iii) which achieves a minimum energy savings of 50 percent or more in comparison to a reference building which meets the minimum requirements of Standard 90.1-2001 (as defined by section 179D(c)(2)), determined under rules similar to the rules of section 179D(d)(2), ``(iv) in the case of property which is to be used for residential rental purposes, with respect to which the taxpayer makes a certification which meets the requirements of subparagraph (D), and ``(v) for which the taxpayer has received a reservation from the Secretary. ``(B) Qualified building.--The term `qualified building' means any building-- ``(i) which-- ``(I) is more than 150,000 square feet and has a floor area ratio (net of streets and public spaces) of not less than 3.0, or ``(II) in States with more than 35 percent of the population living in Census defined rural areas, is more than 50,000 square feet, ``(ii) which-- ``(I) is located not more than one- half mile from a location in which there is direct access to a Fixed Guideway Transit System, or ``(II) in States with more than 35 percent of the population living in Census defined rural areas, is part of a rural town center redevelopment project on land previously occupied by residential, commercial, or industrial uses and within a Census defined place containing at least 5,000 people and 1,000 jobs, and ``(iii) for which the site work and construction is commenced not later than 36 months after the date of the enactment of this paragraph. ``(C) Special rule for residential rental property.--In the case of a qualified building in which the majority of the building is devoted to residential rental use-- ``(i) subparagraph (A)(iii) shall be applied by substituting `25 percent' for `50 percent', and ``(ii) any mechanical systems which meet the requirements of Standard 90.1-2001 may be used in lieu of appendix G to such Standard in modeling energy use of a reference building. ``(D) Affordable housing requirements.-- ``(i) In general.--A certification meets the requirements of this subparagraph if the taxpayer certifies that at least 5 percent of residential rental units will be affordable to households with incomes not exceeding 60 percent of the area median income at the time of initial occupancy. ``(ii) Safe harbor.--A taxpayer shall be treated as meeting the requirement of clause (i) if the taxpayer files with the municipal government where the qualified building is located a land use restriction agreement or similar agreement designed to ensure the units remain affordable to an occupied by households described in clause (i) for the lesser of 99 years or the longest period permissible under the law of the State in which such units are located. ``(E) Reservations.-- ``(i) In general.--For purposes of subparagraph (A)(iv), the Secretary shall issue a reservation upon receipt of the following: ``(I) Evidence that the project is designed to be a qualified energy efficiency property as described in clause (viii) of section 48(a)(3)(A) of the Internal Revenue Code of 1986. ``(II) Evidence that such property will be placed in service within a reasonable time by submission of a site plan approval from the local municipality, a letter of support from the municipality, a building permit, and an approved tax abatement agreement or other municipal financial support. ``(ii) Maintenance of reservation.--To maintain such a reservation, the applicant must commence construction within 12 months of the date such reservation was issued. ``(F) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the purposes of this section not later than 2 months of the date of the enactment of this paragraph.''. (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). (e) Grants in Lieu of Tax Credits.-- (1) In general.--Subsection (d) of section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is amended by inserting after paragraph (8) the following new subparagraph: ``(9) Qualified energy efficiency property.--Any qualified energy efficiency property as described in clause (viii) of section 48(a)(3)(A) of such Code.''. (2) Grant amount.--Subparagraph (A) of section 1603(b)(2) of the American Recovery and Reinvestment Tax Act of 2009 is amended to read as follows: ``(A) 30 percent in the case of any property described in paragraph (1), (2), (3), (4), or (9) of subsection (d), and''.

Amends the Internal Revenue Code to allow a 30% energy tax credit for qualified energy efficiency property. Defines "qualified energy efficiency property" as property which: (1) is residential rental property, nonresidential real property, or mixed use real property; (2) is a qualified building as defined by this Act; and (3) achieves a specified energy savings. Amends the American Recovery and Reinvestment Act to allow grants for investment in qualified energy efficiency property in lieu of tax credits.

A bill to amend the Internal Revenue Code of 1986 and section 1603 of the American Recovery and Reinvestment Tax Act of 2009 to provide that qualified energy efficiency property is eligible for the energy credit and the Department of Treasury grant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Camp Safety Act of 2005''. SEC. 2. REQUIREMENT FOR ORGANIZED CAMPS TO CONTINUE MINIMUM-WAGE-EXEMPT STATUS. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended-- (1) in paragraph (3), by inserting ``(subject to paragraph (18))'' after ``organized camp''; (2) in paragraph (17), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(18) an organized camp under paragraph (3), if such camp-- ``(A) provides personal health, first aid and medical services, health supervision, and maintenance of camp-related health records for campers; ``(B) adheres to standards for food preparation safety that are as protective or more protective than such standards recommended by the Food and Drug Administration; ``(C) adheres to applicable State and local standards regarding-- ``(i) fire and building safety relating to the buildings and the occupants of buildings used by such camp; and ``(ii) sanitation relating to camp personnel, buildings, and grounds; ``(D) reports annually to the Secretary, on a date prescribed by the Secretary, all incidents resulting in death, injury, or illness, other than minor injuries which require only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of activity or motion, or premature termination of a camper's term at the camp; ``(E) provides access to the Secretary for inspection or investigation of such camp under section 3 of the Camp Safety Act of 2005; ``(F)(i) conducts criminal background checks of all camp employees for convictions under Federal and State laws; ``(ii) maintains a record of such checks for at least 6 months after the date of termination of such an employee's employment; and ``(iii) makes such records available to the Secretary upon the request of the Secretary; and ``(G) maintains a ratio of at least 1 lifeguard for every 30 camper swimmers.''. SEC. 3. ENFORCEMENT BY SECRETARY OF LABOR. (a) In General.--The Secretary of Labor shall monitor and enforce compliance of organized camps subject to section 13(a)(18) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)). In monitoring and enforcing such compliance, the Secretary shall-- (1) implement a system for the routine reporting of fatalities and serious injuries or illnesses; (2) implement procedures for conducting inspection and verifying information provided to the Secretary by such camps; (3) investigate complaints received regarding such camps; (4) require appropriate training, including knowledge of outdoor camping, for camp inspectors; and (5) compile statistics based on the information in the reports required to be submitted by such camps under section 13(a)(18)(C) of such Act (29 U.S.C. 213(a)(18)(C)); and (6) based at least in part on the statistics compiled under subparagraph (C), determine the areas in which additional safety standards are necessary and prescribe appropriate regulations. (b) Investigative Authority.--In monitoring and enforcing compliance under subsection (a), the Secretary of Labor may-- (1) enter and inspect such a camp and its records, question the employees of such camp, and investigate facts, conditions, practices, or other matters, to the extent the Secretary deems necessary or appropriate; and (2) administer oaths and examine witnesses under oath, issue subpoenas, and compel the attendance of witnesses and other relevant records. SEC. 4. EFFECT ON STATE LAW. (a) Equal or Greater Protection Under State Law.--Section 13(a)(18) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) preempts a State's laws regarding camp safety, unless the Secretary of Labor determines that such State's laws provide substantially the same, or greater, protection for campers as such section, but such State's laws are only preempted to the extent that the Secretary determines that they provide lesser protection for campers than such section. (b) Judicial Review of Determination by Secretary.--A State aggrieved by a determination under subsection (a) may bring an action in an appropriate United States district court for review of such determination. (c) Effect of Compliance With Equivalent State Law.--A person that complies with a State law which the Secretary of Labor has determined under subsection (a) provides substantially the same, or greater, protection for campers as section 13(a)(18) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(18)) shall be deemed to have complied with the requirements of such section.

Camp Safety Act of 2005 - Amends the Fair Labor Standards Act of 1938 to require organized camps to comply with specified health and safety standards as a condition for their exemption from minimum wage requirements. Directs the Secretary of Labor to monitor and enforce such compliance. Preempts State laws only to the extent that they provide lesser protection for campers.

To condition the minimum-wage-exempt status of organized camps under the Fair Labor Standards Act of 1938 on compliance with certain safety standards, and for other purposes.

FROM INTERNAL REVENUE SERVICE FOR IDENTITY THEFT VICTIMS. Not later than 90 days after an individual notifies the Secretary of the Treasury that such individual's identity has been misused by another person in connection with the internal revenue laws, the Secretary shall, to the extent practicable, determine the extent to which the taxpayer's return and return information were affected by such misuse and shall take such actions as are necessary to correct such affected return or return information with respect to such misuse. SEC. 3. DISCLOSURE OF RETURN AND RETURN INFORMATION IN FEDERAL AND STATE PROSECUTION RELATING TO IDENTITY FRAUD. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(11) Disclosure of certain return information in connection with identity theft and fraudulent returns.-- ``(A) In general.--In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. ``(B) Limitation on use of information.-- Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. ``(C) Requirements.--A request meets the requirements of this clause if-- ``(i) the request is made by the head of the agency (or his delegate) involved in such investigation, and ``(ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting ``or (k)(11)'' after ``subsection (i)(7)(A)''. (2) Paragraph (4) of section 6103(p) of such Code is amended in the matter preceding subparagraph (A) by inserting ``or (11)'' after ``(k)(10)''. (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(k)(11),'' after ``(7)(A)(i),''. (c) Effective Date.--The amendments made by this section shall apply to disclosures after the date of the enactment of this Act. SEC. 4. CRIMINAL PENALTY FOR USING A FALSE IDENTITY IN CONNECTION WITH TAX FRAUD. (a) In General.--Section 7207 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any person who willfully'' and inserting the following: ``(a) In General.--Any person who willfully'', (2) by striking ``Any person required'' and inserting the following: ``(b) Information in Connection With Certain Exempt Organizations.--Any person required'', and (3) by adding at the end the following: ``(c) Misappropriation of Identity.--Any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall be fined not less than $25,000 ($200,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.''. (b) Effective Date.--The amendments made by this section shall apply to returns and information submitted after the date of the enactment of this Act. SEC. 5. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF INFORMATION BY PREPARERS OF RETURNS. (a) In General.--Section 6713(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$250'' and inserting ``$1,000'', and (2) by striking ``$10,000'' and inserting ``$50,000''. (b) Criminal Penalty.--Section 7216(a) of the Internal Revenue Code of 1986 is amended by striking ``$1,000'' and inserting ``$100,000''. (c) Effective Date.--The amendments made by this section shall apply to disclosures or uses after the date of the enactment of this Act. SEC. 6. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 7. AUTHORITY TO TRANSFER INTERNAL REVENUE SERVICE APPROPRIATIONS TO USE FOR TAX FRAUD ENFORCEMENT. For any fiscal year, the Commissioner of Internal Revenue may transfer not more than $10,000,000 to the ``Enforcement'' account of the Internal Revenue Service from amounts appropriated to other Internal Revenue Service accounts. Any amounts so transferred shall be used solely for the purposes of preventing and resolving potential cases of tax fraud. SEC. 8. LOCAL LAW ENFORCEMENT LIAISON. (a) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (b) Duties.--The Local Law Enforcement Liaison shall-- (1) coordinate the investigation of tax fraud with State and local law enforcement agencies; (2) communicate the status of tax fraud cases involving identity theft, and (3) carry out such other duties as delegated by the Commissioner of Internal Revenue. SEC. 9. REPORT ON TAX FRAUD. Subsection (a) of section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Annual report on tax fraud.--The Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives an annual report detailing-- ``(A) the number of reports of tax fraud and suspected tax fraud received from State and local law enforcement agencies in the preceding year, and ``(B) the actions taken in response to such reports.''. SEC. 10. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 11. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the calendar year in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under section 9(b) the information described in section 9(a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 12. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of Senate Regarding State Prison Authorities.--It is the sense of the Senate that the heads of State agencies charged with the administration of prisons should -- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 13. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. SEC. 14. GRANTS TO INVESTIGATE AND PROSECUTE STATE AND LOCAL TAX CRIMES. (a) Grant Program Authorized.--The Attorney General is authorized to award grants to State and local law enforcement agencies to assist such agencies in the investigation and prosecution of tax crimes. (b) Authorization of Appropriations.--For each fiscal year, there are authorized to be appropriated to carry out this section, from amounts made available in each such fiscal year to carry out the Edward Byrne Memorial Justice Assistance Grants program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), $50,000,000.

Tax Crimes and Identity Theft Prevention Act - Requires the Secretary of the Treasury to take necessary action to correct a tax return or tax information affected by the misuse of a taxpayer's identity within 90 days after receiving notice of such misuse from the taxpayer. Amends the Internal Revenue Code to: (1) authorize the Secretary to disclose tax return information to federal, state, and local law enforcement personnel who are personally and directly engaged in the investigation of identity theft; (2) impose a fine and/or prison term on any person who knowingly or willfully misappropriates another person's tax identification number; (3) increase the civil and criminal penalties for improper disclosure or use of tax information by tax return preparers; (4) require the Commissioner of the Internal Revenue Service (IRS) to report to Congress on the number of reported tax fraud cases and on actions taken in response to such reports; and (5) require the head of the Federal Bureau of Prisons to submit to Congress a detailed plan on how it will use tax information provided by the IRS to reduce prison tax fraud. Directs the Secretary to: (1) implement an identity theft tax fraud prevention program that provides for a unique personal identification number (PIN) on tax returns; and (2) review whether current federal tax law prevents the effective enforcement of local, state, and federal identity theft statutes. Authorizes the Commissioner to transfer appropriated funds to be used solely to prevent and resolve potential tax fraud cases. Directs the Commissioner to establish in the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies. Directs the Comptroller General to study and report on the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information. Authorizes the Attorney General to award grants to state and local law enforcement agencies for the investigation and prosecution of tax crimes.

To prevent identity theft and tax crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Regulation and Management of Solid Waste Act of 1995''. TITLE I--GENERAL AMENDMENTS SEC. 101. FINDINGS. (a) Solid Waste.--Section 1002(a)(4) of the Solid Waste Disposal Act (42 U.S.C. 6901(a)) is amended to read as follows: ``(4) that while the collection and disposal of solid waste should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal described in this subsection have become a matter national in scope and in concern and necessitate Federal action by-- ``(A) requiring that each State develop a program for the management and disposal of solid waste generated within each State by the year 2015; ``(B) authorizing each State to restrict the importation of solid waste from a State of origin for purposes of solid waste management other than transportation; and ``(C) providing financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the quantity of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.''. (b) Environment and Health.--Section 1002(b) of the Solid Waste Disposal Act (42 U.S.C. 6901(b)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking paragraph (8) and inserting the following: ``(8) alternatives to existing methods of land disposal must be developed, because it is estimated that 80 percent of all permitted landfills will close by the year 2015; and''; and (3) by adding at the end the following new paragraph: ``(9) the transportation of solid waste long distances across country for purposes of solid waste management and, in some cases, in the same vehicles that carry consumer goods is harmful to the public health and measures should be adopted to ensure public health is protected when the goods are transported in the same vehicles as solid waste is transported.''. SEC. 102. OBJECTIVES AND NATIONAL POLICY. (a) Objectives.--Section 1003(a) of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) ensuring that each State has a program to manage solid waste generated within its borders and providing technical and financial assistance to State and local governments and interstate agencies for the development of solid waste management plans (including recycling, resource recovery, and resource conservation systems) that will promote improved solid waste management techniques (including more effective organization arrangements), new and improved methods of collection, separation, and recovery of solid waste, and the environmentally safe disposal of nonrecoverable residues;''; (2) by striking ``and'' at the end of paragraph (10); (3) by striking the period at the end of paragraph (11) and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ``(12) promoting the use of regional and interstate agreements for economically efficient and environmentally sound solid waste management practices, and for construction and operation of solid waste recycling and resource recovery facilities; and ``(13) promoting recycling and resource recovery of solid waste through the development of markets for recycled products and recovered resources.''. SEC. 103. DEFINITIONS. Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended-- (1) by striking paragraph (12) and inserting the following: ``(12) The term `manifest' means the form used for identifying the quantity, composition, and the origin, routing, and destination of solid and hazardous waste during its transportation from the point of generation to the point of disposal, treatment, storage, recycling, and resource recovery.''; (2) in paragraph (28), by inserting ``recycling, resource recovery,'' before ``treatment,''; (3) in paragraph (29)(C), by inserting ``recycling,'' before ``treatment''; (4) in paragraph (32)-- (A) by striking ``means any'' and inserting ``means-- ``(A) any''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(B) refuse (or refuse-derived fuel) collected from the general public more than 30 percent of which consists of paper, wood, yard wastes, food waste, plastics, leather, rubber, and other combustible materials and noncombustible materials such as glass and metal including household wastes, sludge and waste from institutional, commercial, and industrial sources, but does not include industrial process waste, medical waste, hazardous waste, or `hazardous substance', as those terms are defined in section 1004 or in section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901).''; and (5) by adding at the end the following new paragraphs: ``(42) The term `recycling' means any use, reuse or reclamation of a solid waste. ``(43) The term `State of final destination' means a State that authorizes a person to transport solid waste from a State of origin into the State for purposes of solid waste management other than transportation. ``(44) The term `State of origin' means a State that authorizes a person to transport solid waste generated within its borders to a State of final destination for purposes of solid waste management other than transportation.''. TITLE II--STATE SOLID WASTE MANAGEMENT PLANS SEC. 201. OBJECTIVES OF SUBTITLE D. Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941) is amended to read as follows: ``SEC. 4001. OBJECTIVES OF SUBTITLE. ``(a) In General.--The objectives of this subtitle are to reduce to the maximum extent practicable the quantity of solid waste generated and disposed of prior to the year 2015 by requiring each State to develop a program that-- ``(1) meets the objectives set out in section 102; ``(2) reduces the quantity of solid waste generated in the State and encourages resource conservation; and ``(3) facilitates the recycling of solid waste and the utilization of valuable resources, including energy and materials that are recoverable from solid waste. ``(b) Means.--The objectives stated in subsection (a) are to be accomplished through-- ``(1) Federal guidelines and technical and financial assistance to States; ``(2) encouragement of cooperation among Federal, State, and local governments and private individuals and industry; ``(3) encouragement of States to enter into interstate or regional agreements to facilitate environmentally sound and efficient solid waste management; and ``(4) approval and oversight of the implementation of solid waste management plans.''. SEC. 202. STATE SOLID WASTE MANAGEMENT PLANS. (a) Minimum Requirements.--Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 6943) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``each State plan must comply with the following minimum requirements--'' and inserting ``each State Solid Waste Management Plan must comply with the following minimum requirements:''; (B) by striking paragraphs (5) and (6) and inserting the following: ``(5) The plan shall identify the quantities, types, sources, and characteristics of solid wastes that are reasonably expected to be generated within the State or transported to the State from a State of origin during each of the 20 years following the year 1995 and that are reasonably expected to be managed within the State during each of those years. ``(6) The plan shall provide that the State acting directly, through authorized persons, or through interstate or regional agreements, will ensure the availability of solid waste management capacity to manage the solid waste described in paragraph (5) in a manner that is environmentally sound and that meets the objectives of this subtitle.''; and (C) by adding at the end the following new paragraphs: ``(7) When identifying the quantity of solid waste management capacity necessary to manage the solid waste described in paragraph (5), the State shall take into account solid waste management agreements in effect upon the date of enactment of this paragraph that exist between a person operating within the State and any person in a State or States contiguous with the State. ``(8) The plan shall provide for the identification and annual certification to the Administrator concerning-- ``(A) how the State has met the objectives of this subtitle; ``(B) whether the State has issued permits consistent with all the requirements of this Act for capacity sufficient to manage the solid waste described in paragraph (5) for an ensuing 5-year period; and ``(C) identification and approval by the State of the sites for capacity described in paragraph (5) for an ensuing 8-year period. ``(9) The plan shall provide that all solid waste management facilities located in the State meet all applicable Federal and State laws and for the enactment of such State and local laws as may be necessary to fulfill the purposes of this Act. ``(10)(A) The plan shall provide for a program that requires all solid waste management facilities located or operating in the State to register with the State and that only registered facilities may manage solid waste described in paragraph (5). ``(B) Registration of facilities for the purpose of subparagraph (A) shall at a minimum include-- ``(i) the name and address of the owner and operator of the facility; ``(ii) the address of the solid waste management facility; ``(iii) the type of solid waste management used at the facility; and ``(iv) the quantities, types, and sources of waste to be managed by the facility. ``(11) The plan shall provide for technical and financial assistance to local communities to meet the requirement of the plan. ``(12) The plan shall-- ``(A) specify the conditions under which the State will authorize a person to accept solid waste from a State of origin for purposes of solid waste management other than transportation; and ``(B) ensure that the waste is managed in accordance with the plan and that acceptance of the waste will not impede the ability of the State of final destination to manage solid waste generated within its borders.''; and (2) by adding at the end the following new subsection: ``(e) Prohibition.--Upon the expiration of 180 days after the date of approval of a State's Solid Waste Management Plan required by this section or on the date on which a State plan becomes effective pursuant to section 4007(d), it shall be unlawful for a person to manage solid waste within that State, to transport solid waste generated in that State to a State of final destination, and to accept solid waste from a State of origin for purposes of solid waste management other than transportation unless the activities are authorized and conducted pursuant to the approved plan.''. (b) Procedure.--Section 4006 of the Solid Waste Disposal Act (42 U.S.C. 6946) is amended by adding at the end the following new subsection: ``(d) Submission of Plans.--Not later than 4 years after the date of enactment of this subsection, each State shall, after consultation with the public, other interested parties, and local governments, submit to the Administrator for approval a plan that complies with the requirements of section 4003(a).''. (c) Approval.--Section 4007 of the Solid Waste Disposal Act (42 U.S.C. 6947) is amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following: ``(1) it meets the requirements of section 4003(a);''. (B) by striking the period at the end of paragraph (2) and inserting ``; and''; (C) by inserting after paragraph (2) the following new paragraph: ``(3) it furthers the objectives of section 4001.''; and (D) by striking the third sentence and inserting the following: ``Upon receipt of each State's certification required by section 4003(a)(8), the Administrator shall determine whether the approved plan is in compliance with section 4003, and if the Administrator determines that revision or corrections are necessary to bring the plan into compliance with the minimum requirements promulgated under section 4003 (including new or revised requirements), the Administrator shall, after notice and opportunity for public hearing, withhold approval of the plan.''; and (2) by adding at the end the following new subsection: ``(d) Failure of the Administrator To Act on a State Plan.--If the Administrator fails to approve or disapprove a plan within 18 months after a State plan has been submitted for approval, the State plan as submitted shall go into effect at the expiration of 18 months after the plan was submitted, subject to review by the Administrator and revision in accordance with section 4007(a).''. TITLE III--INTERSTATE TRANSPORT OF WASTE SEC. 301. AUTHORITY OF STATES TO CONTROL INTERSTATE SHIPMENT OF SOLID WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new sections: ``SEC. 4011. AUTHORITY TO RESTRICT INTERSTATE TRANSPORT OF SOLID WASTE. (a) In General.--Upon the expiration of 180 days after the date on which the Administrator approves a Solid Waste Management Plan required by section 4003 or after the date a State plan becomes effective in accordance with section 4007(d), a State with an approved or effective State plan may prohibit or restrict a person from importing solid waste from a State of origin for purposes of solid waste management (other than transportation). ``(b) Limitation.--A State may authorize a person to import solid waste from a State of origin for purposes of solid waste management (other than transportation) only in accordance with section 4003(a)(12). ``SEC. 4012. FEES. ``(a) In General.--A State may levy fees on solid waste that differentiate rates or other aspects of payment on the basis of solid waste origin. ``(b) Allocation.--At least 50 percent of the revenues received from the fees collected shall be allocated by the State to the local government of the jurisdictions in which the solid waste will be managed. The fees shall be used by local governments for the purpose of carrying out an approved plan.''. TITLE IV--FINANCIAL ASSISTANCE SEC. 401. FEDERAL ASSISTANCE. Section 4008(a) of the Solid Waste Disposal Act (42 U.S.C. 6948) is amended-- (1) in paragraph (1), by striking ``appropriated'' and all that follows through ``1988'' and inserting ``appropriated $100,000,000 for each of fiscal years 1996, 1997, and 1998''; and (2) by adding at the end of paragraph (2) the following new subparagraph: ``(E) There are authorized to be appropriated $25,000,000 for each of fiscal years 1996 through 1998 for the purposes of providing grants to States for the encouragement of recycling, resource recovery, and resource conservation activities. The activities shall include licensing and construction of recycling, resource recovery, and resource conservation facilities within the State and the development of markets for recycled products.''. SEC. 402. RURAL COMMUNITIES ASSISTANCE. Section 4009(d) of the Solid Waste Disposal Act (42 U.S.C. 6949) is amended-- (1) in subsection (a), by striking ``section 4005'' and inserting ``sections 4004 and 4005''; and (2) by striking subsection (d) and inserting the following: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 1996, 1997, and 1998.''.

TABLE OF CONTENTS: Title I: General Amendments Title II: State Solid Waste Management Plans Title III: Interstate Transport of Waste Title IV: Financial Assistance State Regulation and Management of Solid Waste Act of 1995 - Title I: General Amendments - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Title II: State Solid Waste Management Plans - Sets forth as the objective of this title the reduction of solid waste generated and disposed of prior to the year 2015 by requiring States to develop programs which: (1) reduce the generation of solid waste, encourage resource conservation, and meet other specified objectives; and (2) facilitate the recycling of, and the use of valuable resources from, such waste. Requires State waste management plans to: (1) identify the quantities, types, sources, and characteristics of solid wastes that are expected to be generated within, transported to, or managed by, the State during each of the 20 years following 1995; (2) ensure the availability of capacity to manage waste in an environmentally sound manner; (3) provide for annual certifications to the Administrator of the Environmental Protection Agency with respect to meeting objectives and capacity to manage waste; (4) provide that all solid waste management facilities in the State meet Federal and State laws and allow only registered facilities to manage waste; (5) provide for technical and financial assistance to local communities to meet plan requirements; and (6) specify the conditions under which the State will authorize the acceptance of solid waste from other States. Title III: Interstate Transport of Waste - Authorizes a State with an approved solid waste management plan to prohibit or restrict the importation of solid waste from another State for management purposes (other than transportation). Permits States to levy fees on solid waste. Requires at least 50 percent of such fees to be allocated to the local government managing the waste. Title IV: Financial Assistance - Authorizes appropriations for: (1) assistance to States and local and regional authorities for developing and implementing solid waste management plans; (2) grants to States to encourage recycling and resource recovery and conservation; and (3) assistance to rural communities for solid waste management.

State Regulation and Management of Solid Waste Act of 1995

SECTION 1. FINDINGS. Congress finds the following: (1) The Internet is a powerful engine for economic growth that has remained open, free, and accessible without government regulation since its entrance into the public sphere. (2) Title II of the Communications Act of 1934 was designed for the monopoly telephone system in 1934 and has its origins in 19th century shipping regulations. (3) Imposing the obligations and requirements of title II of such Act on broadband Internet access service would severely harm broadband investment and create myriad negative unintended consequences. (4) The Federal Communications Commission has consistently taken actions that classify broadband Internet access service, even in different forms, as an information service. Such actions include the following: (A) In 1998, Chairman Bill Kennard issued a Report to Congress finding that Internet access is an information service with a telecommunications component. (B) In 2002, the Commission issued a Declaratory Ruling (17 FCC Rcd 4798) classifying cable modem broadband Internet access service as an information service. In the 2005 case of National Cable & Telecommunications Association v. Brand X Internet Services (545 U.S. 967), the Supreme Court of the United States affirmed this determination that such service is not a common carrier service and is appropriately classified as an information service. (C) In 2005, the Commission issued a Report and Order (20 FCC Rcd 14853) affirming the classification of wireline broadband Internet access service as an information service. (D) In 2007, the Commission issued a Declaratory Ruling (22 FCC Rcd 5901) affirming the classification of wireless broadband Internet access service as an information service. (5) These Commission rulings unleashed tens of billions of dollars of investment in the Nation's broadband networks, investment that would not have been made if broadband services were subject to common carrier requirements. SEC. 2. LIMITATION ON AUTHORITY OF FCC. (a) In General.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended as follows: (1) Common carrier.--Paragraph (11) is amended by adding at the end the following: ``Such term does not include a provider of an information service or of advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)) when engaged in the provision of such service or capability.''. (2) Information service.--Paragraph (24) is amended to read as follows: ``(24) Information service.--The term `information service' means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include-- ``(A) a telecommunications service; or ``(B) any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Such term includes broadband Internet access service. A provider of an information service may not be treated as a telecommunications carrier under this Act when engaged in the provision of an information service, and may not be required to offer such service or any component of such service as a telecommunications service.''. (3) Telecommunications carrier.--Paragraph (51) is amended by adding at the end the following: ``Such term does not include a provider of an information service or of advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)) when engaged in the provision of such service or capability.''. (4) Telecommunications service.--Paragraph (53) is amended by adding at the end the following: ``Such term does not include any service that is an information service, any component of an information service, or advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)).''. (b) Broadband Internet Access Service Defined.--Section 3 of the Communications Act of 1934 is further amended-- (1) by redesignating paragraphs (6) through (59) as paragraphs (7) through (60), respectively; and (2) by inserting after paragraph (5) the following: ``(6) Broadband internet access service.--The term `broadband Internet access service' means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. Broadband Internet access service is an information service, and includes a service utilizing advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)).''.

Amends the Communications Act of 1934 to exclude from the definition of "common carrier" (regulated by the Federal Communications Commission [FCC] under the common carrier regulatory authority provided under title II of such Act) a provider of an information service or of advanced telecommunications capability when engaged in the provision of such service or capability. Classifies broadband Internet access service as an "information service" under such Act (regulated by the FCC under title I of such Act using what is commonly referred to as a general "ancillary jurisdiction" to regulate only as may be necessary in the execution of its statutory functions). Defines "broadband Internet access service" as a mass-market retail service by wire or radio that provides the capability to transmit data to, and receive data from, all or substantially all Internet endpoints, including any capabilities that are incidental to, and enable the operation of, the communications service, but excluding dial-up Internet access service. Provides for such definition to include a service utilizing advanced telecommunications capability under the Telecommunications Act of 1996. Prohibits a provider of an information service from being: (1) treated as a telecommunications carrier when engaged in the provision of an information service, or (2) required to offer such service or any component of such service as a telecommunications service. Excludes from the definition of: (1) "telecommunications carrier" (treated as a common carrier only to the extent that it is engaged in providing telecommunications services, except that the FCC determines whether the provision of fixed and mobile satellite service is treated as common carriage) a provider of an information service or of advanced telecommunications capability; and (2) "telecommunications service" any service that is an information service, any component of an information service, or advanced telecommunications capability.

To amend the Communications Act of 1934 to limit the authority of the Federal Communications Commission over providers of broadband Internet access service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Tunnel Prevention Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) As the international border between the United States and Mexico becomes more secure, trafficking and smuggling organizations intensify their efforts to enter the United States by increasing the number of tunnels and other subterranean passages between Mexico and the United States. (2) Border tunnels are most often used to transport narcotics from Mexico to the United States, but can also be used to transport people and other contraband. (3) Between May 1990 and May 2011, law enforcement authorities discovered 137 tunnels, 125 of which have been discovered since September 2001. While law enforcement authorities discovered only 2 tunnels in California between 1990 and 2001, there has been a dramatic increase in the number of border tunnels discovered in California since 2001. (4) Section 551 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295) added a new section to title 18, United States Code (18 U.S.C. 555), which-- (A) criminalizes the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the United States; and (B) prohibits any person from recklessly permitting others to construct or use an unauthorized tunnel or subterranean passage on the person's land. (5) Any person convicted of using a tunnel or subterranean passage to smuggle aliens, weapons, drugs, terrorists, or illegal goods is subject to an enhanced sentence for the underlying offense. Additional sentence enhancements would further deter tunnel activities and increase prosecutorial options. SEC. 3. DEFINITIONS. In this Act: (1) National security zone.--The term ``national security zone'' means any Southwest Border land designated by the Secretary as being at a high risk for border tunnel activity, as authorized under section 8(b). (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Southwest border land.--The term ``Southwest Border land'' means all parcels of real property in the United States that-- (A) are located within 1 mile of the international border between the United States and Mexico; and (B) are not owned by a Federal, State, tribal, or local government entity. SEC. 4. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A BORDER TUNNEL. Section 555 of title 18, United States Code, is amended by adding at the end the following: ``(d) Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.''. SEC. 5. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS. Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``, section 555 (relating to construction or use of international border tunnels)'' before the semicolon at the end. SEC. 6. FORFEITURE. (a) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United States Code, is amended by inserting ``555,'' after ``545,''. (b) Civil Asset Forfeiture.--Any merchandise introduced into the United States through a tunnel or passage described in section 555(a) of title 18, United States Code, shall be subject to seizure and forfeiture in accordance with section 596(c) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)). SEC. 7. MONEY LAUNDERING DESIGNATION. Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting ``section 555 (relating to border tunnels),'' after ``section 554 (relating to smuggling goods from the United States),''. SEC. 8. NOTIFICATION REQUIREMENTS. (a) Notification to Land Owners.--The Secretary is encouraged to annually provide each known nongovernmental owner and tenant of land located in a national security zone with a written notification that describes-- (1) Federal laws related to the construction of illegal border tunnels; and (2) the procedures for reporting violations of such laws to U.S. Immigration and Customs Enforcement. (b) Designation of Border Tunnel High Risk Areas.-- (1) In general.--The Secretary may designate any Southwest Border land that the Secretary has a substantial reason to believe is at a high risk for border tunnel activity as a national security zone. (2) Publication.--The Secretary shall-- (A) publish any designations made under paragraph (1) in the Federal Register; and (B) allow appropriate notice and comment in accordance with the chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedures Act''). (c) Rulemaking.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section. SEC. 9. REPORT. (a) In General.--The Secretary shall submit an annual report to the congressional committees set forth in subsection (b) that includes a description of-- (1) the cross border tunnels in Southwest Border land discovered during the reporting period; and (2) the needs of the Department of Homeland Security to effectively prevent, investigate and prosecute border tunnel construction on Southwest Border land. (b) Congressional Committees.--The congressional committees set forth in this subsection are-- (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Homeland Security of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. Passed the Senate January 30, 2012. Attest: Secretary. 112th CONGRESS 2d Session S. 1236 _______________________________________________________________________ AN ACT To reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels.

Border Tunnel Prevention Act of 2011 - Amends the federal criminal code to: (1) subject anyone who attempts or conspires to construct or finance construction of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country, to use such a tunnel for smuggling, or to disregard such construction or use, to the penalties prescribed for someone who commits such an offense; (2) make such a border tunnel offense a predicate offense for a money laundering violation and for authorization for interception of wire, oral, or electronic communications; and (3) provide for the criminal forfeiture of proceeds of such an offense and the seizure and forfeiture of merchandise introduced into the United States through such a tunnel. Encourages the Secretary of Homeland Security (DHS) to annually provide each known nongovernmental owner and tenant of land located in a national security zone with a written notification that describes federal laws related to the construction of illegal border tunnels and the procedures for reporting violations of such laws to United States Immigration and Customs Enforcement (ICE). Defines: (1) "national security zone" as any Southwest Border land designated by the Secretary as being at a high risk for border tunnel activity; and (2) "Southwest Border land" as all parcels of real property in the United States that are located within one mile of the U.S.-Mexico international border and that are not owned by a federal, state, tribal, or local government entity. Requires the Secretary to submit an annual report describing: (1) cross border tunnels discovered in Southwest Border land; and (2) DHS needs to effectively prevent, investigate, and prosecute border tunnel construction on such land.

A bill to reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Prostate Cancer Council Act''. SEC. 2. NATIONAL PROSTATE CANCER COUNCIL. (a) Establishment.--There is established in the Office of the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') the National Prostate Cancer Council on Screening, Early Detection, Assessment, and Monitoring of Prostate Cancer (referred to in this Act as the ``Council''). (b) Purpose of the Council.--The Council shall-- (1) develop and implement a national strategic plan for the accelerated creation, advancement, and testing of diagnostic tools to improve screening, early detection, assessment, and monitoring of prostate cancer, including-- (A) early detection of aggressive prostate cancer to save lives; (B) monitoring of tumor response to treatment, including recurrence and progression; and (C) accurate assessment and surveillance of indolent disease to reduce unnecessary biopsies and treatment; (2) provide information and coordination of prostate cancer research and services across all Federal agencies; (3) review diagnostic tools and their overall effectiveness at screening, detecting, assessing, and monitoring of prostate cancer; (4) evaluate all programs in prostate cancer that are in existence on the date of enactment of this Act, including Federal budget requests and approvals and public-private partnerships; (5) submit an annual report to the Secretary and Congress on the creation and implementation of the national strategic plan under paragraph (1); and (6) ensure the inclusion of men at high-risk for prostate cancer, including men from ethnic and racial populations and men who are least likely to receive care, in clinical, research, and service efforts, with the purpose of decreasing health disparities. (c) Membership.-- (1) Federal members.--The Council shall be led by the Secretary or designee and comprised of the following experts: (A) Two representatives of the National Institutes of Health, including 1 representative of the National Institute of Biomedical Imaging and Bioengineering and 1 representative of the National Cancer Institute. (B) A representative of the Centers for Disease Control and Prevention. (C) A representative of the Centers for Medicare and Medicaid Services. (D) A designee of the Director of the Department of Defense Congressionally Directed Medical Research Program. (E) A designee of the Director of the Office of Minority Health. (F) A representative of the Food and Drug Administration. (G) A representative of the Agency for Healthcare Research and Quality. (2) Non-federal members.--In addition to the members described in paragraph (1), the Council shall include 16 expert members from outside the Federal Government, which shall include at least-- (A) 6 prostate cancer patient advocates, including-- (i) 2 patient-survivors; (ii) 2 caregivers of prostate cancer patients; and (iii) 2 representatives from national prostate cancer disease organizations that fund research or have demonstrated experience in providing assistance to patients, families, and medical professionals, including information on health care options, education, and referral; and (B) 8 health care stakeholders with specific expertise in prostate cancer research in the critical areas of clinical expertise, including medical oncology, radiology, radiation oncology, urology, and pathology. (d) Meetings.--The Council shall meet quarterly and meetings shall be open to the public. (e) Advice.--The Council shall advise the Secretary, or the Secretary's designee. (f) Annual Report.--The Council shall submit annual reports, beginning not later than 1 year after the date of enactment of this Act, to the Secretary or the Secretary's designee and to Congress. The annual report shall include-- (1) in the first year-- (A) an evaluation of all federally funded efforts in prostate cancer research and gaps relating to the development and validation of diagnostic tools for prostate cancer; and (B) recommendations for priority actions to expand, eliminate, coordinate, or condense programs based on the performance, mission, and purpose of the programs; and (2) annually thereafter for 5 years-- (A) an outline for the development and implementation of a national research plan for creation and validation of accurate diagnostic tools to improve prostate cancer care in accordance with subsection (a); (B) roles for the National Cancer Institute, National Institute on Minority Health and Health Disparities, and the Office on Minority Health of the Department of Health and Human Services; (C) an analysis of the disparities in the incidence and mortality rates of prostate cancer in men at high risk of the disease, including individuals with family history, increasing age, or African-American heritage; and (D) a review of the progress towards the realization of the proposed strategic plan. (g) Termination.--The Council shall terminate on December 31, 2019. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,000,000 for the period of fiscal years 2015 through 2019.

National Prostate Cancer Council Act - Establishes in the Department of Health and Human Services (HHS) the National Prostate Cancer Council on Screening, Early Detection, Assessment, and Monitoring of Prostate Cancer to: (1) develop and implement a strategic plan for the accelerated development of diagnostic tools for prostate cancer, (2) review the effectiveness of diagnostic tools for prostate cancer, (3) coordinate prostate cancer research and services across federal agencies, (4) evaluate all active federal prostate cancer programs, and (5) ensure the inclusion of men at high-risk for prostate cancer in clinical, research, and service efforts. Directs the Council to submit annual reports. Requires the first report to include recommendations based on an evaluation of prostate cancer research and gaps in the development and validation of diagnostic tools for prostate cancer. Requires subsequent reports to include: (1) an outline for a national research plan for creation and validation of diagnostic tools, (2) roles for specified agencies, (3) an analysis of the disparities in rates of prostate cancer in men at high risk, and (4) a review of the progress towards the realization of the strategic plan. Terminates the Council on December 31, 2019.

National Prostate Cancer Council Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heartbeat Informed Consent Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The presence of a heartbeat in a woman's unborn child will be a material consideration to many women contemplating abortion. (2) The presence of a heartbeat in a woman's unborn child is a developmental fact that illustrates to the woman that her baby is already alive. (3) On about the 21st or 22nd day after fertilization (which is about 5 weeks from the first day of the last menstrual period) the heart of an unborn child begins to beat. (4) The heartbeat of an unborn child can be visually detected at an early stage of pregnancy using an ultrasound machine, typically, at 4 to 4.5 weeks after fertilization (6 to 6.5 weeks from the first day of the last menstrual period) on transvaginal ultrasound, and at 5.5 to 6 weeks after fertilization (7.5 to 8 weeks from the first day of the last menstrual period) on transabdominal ultrasound. (5) The heartbeat of an unborn child can be made audible at later stages, including by using a handheld Doppler fetal monitor. (6) Less than five percent of all natural pregnancies end in spontaneous miscarriage after detection of cardiac activity. A fetal heartbeat is therefore a key medical indicator that an unborn child is likely to achieve the capacity for live birth. (7) The observation of a heartbeat in a woman's unborn child, when a heartbeat has been detected, is an important component of full informed consent. (8) Ensuring full informed consent for an abortion is imperative, because of the profound physical and psychological risks of an abortion. As the Supreme Court has observed, ``[t]he medical, emotional, and psychological consequences of an abortion are serious and can be lasting.'' H.L. v. Matheson, 450 U.S. 398, 411 (1981). The woman's decision whether to abort ``is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences.'' Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976). ``Whether to have an abortion requires a difficult and painful moral decision,'' in which ``some women come to regret their choice to abort the infant life they once created and sustained,'' and ``[s]evere depression and loss of esteem can follow . . . The State has an interest in ensuring so grave a choice is well informed. It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns, only after the event, what she once did not know . . .'' Gonzales v. Carhart, 550 U.S. 124, 159-160 (2007). (9) Requiring providers to give a woman an opportunity to observe her unborn child's heartbeat is constitutionally permissible, and the ultrasound image of an unborn child is truthful, nonmisleading information. ``In attempting to ensure that a woman apprehend the full consequences of her decision, the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed. If the information the State requires to be made available to the woman is truthful and not misleading, the requirement may be permissible.'' (Opinion of O'Connor, Kennedy, and Souter, Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992)). (10) Further, recent research, taking into account 22 studies with control groups and more than 877,000 women over a 14-year period, finds that women who have had an abortion have an 81 percent increased risk for mental health problems and 10 percent of the mental health problems of women who have had an abortion are directly attributed to abortion. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, or any other substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Certified technician.--The term `certified technician' means-- ``(A) a registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography (ARDMS); or ``(B) a nurse midwife, or an advanced practice nurse practitioner in obstetrics, with certification in obstetrical ultrasonography. ``(4) Embryonic or fetal heartbeat.--The term `embryonic or fetal heartbeat' means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the embryonic or fetal heart. ``(5) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(6) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parents or guardians, as determined under the law of the State in which the minor resides. ``(7) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3402. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.-- ``(1) Requirement.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall-- ``(A) perform an obstetric ultrasound on the pregnant woman; ``(B) during the performance of the ultrasound, display the ultrasound images (as described in paragraph (2)) so that the pregnant woman may view the images; and ``(C) provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. ``(2) Quality of ultrasound images.--To be displayed in accordance with paragraph (1)(B), ultrasound images shall-- ``(A) be of a quality consistent with standard medical practice; ``(B) contain the dimensions of the unborn child; and ``(C) accurately portray the presence of external members and internal organs, if present. ``(3) Ability to avert eyes.--Nothing in this section shall be construed to prevent a pregnant woman from closing or averting her eyes from the ultrasound images required to be displayed, or not listening to the description of the images required to be given, by the provider or the provider's agent pursuant to paragraph (1). ``(c) Audible Embryonic or Fetal Heartbeat.-- ``(1) Requirement.--Prior to a woman giving informed consent to having any part of an abortion performed, if the pregnancy is at least 8 weeks after fertilization (10 weeks from the first day of the last menstrual period), the abortion provider who is to perform the abortion, a certified technician, or another agent of the abortion provider shall, using a hand-held Doppler fetal monitor, make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear. ``(2) Unsuccessful attempts at detecting heartbeat.--An abortion provider, a certified technician, or another agent of the abortion provider shall not be in violation of paragraph (1) if-- ``(A) the provider, certified technician, or agent has attempted, consistent with standard medical practice, to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear using a hand-held Doppler fetal monitor; ``(B) that attempt does not result in the heartbeat being made audible; and ``(C) the provider has offered to attempt to make the heartbeat audible at a subsequent date. ``(3) Ability to not listen.--Nothing in this section shall be construed to prevent the pregnant woman from not listening to the sounds detected by the hand-held Doppler fetal monitor, pursuant to paragraph (1). ``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply to an abortion provider in the case that the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.-- ``(1) In general.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman. ``(2) False statements.--An abortion provider who knowingly or recklessly falsifies a certification under paragraph (1) is deemed to have knowingly or recklessly failed to comply with this title for purposes of section 3404. ``SEC. 3404. PENALTIES. ``(a) In General.--An abortion provider who knowingly or recklessly fails to comply with any provision of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. ``(b) Commencement of Action.--The Attorney General may commence a civil action under this section. ``(c) First Offense.--Upon a finding by a court that a respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $100,000 for each such violation. ``(d) Second and Subsequent Offenses.--Upon a finding by a court that the respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $250,000 for each such violation if the respondent has been found in a prior civil action to have knowingly or recklessly committed another violation of a provision of this title. ``(e) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any knowing or reckless violation of this title for actual and punitive damages.''. SEC. 4. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater disclosure requirements regarding abortion than those provided under this Act and the amendments made by this Act. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions of such remainder to any person or circumstance, shall not be affected thereby.

Heartbeat Informed Consent Act - Amends the Public Health Service Act to require abortion providers to perform an obstetric ultrasound on the pregnant woman, display the ultrasound images so that the she may view them, and provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. Requires the ultrasound to be performed before the woman gives informed consent for an abortion. Requires an abortion provider to make the embryonic or fetal heartbeat audible for the pregnant woman to hear prior to the woman giving informed consent to an abortion if the pregnancy is at least eight weeks after fertilization. Exempts an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. Requires a certification in such cases. Subjects an abortion provider who knowingly or recklessly fails to comply with this Act to civil penalties and notification of the appropriate state medical licensing authority. Gives standing to file a civil action for violations of this Act to the Attorney General or a woman upon whom an abortion has been performed in violation of this Act or the parent or legal guardian of such a woman if she is an unemancipated minor.

To ensure that women seeking an abortion receive an ultrasound and an opportunity to review the ultrasound before giving informed consent to receive an abortion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Facilities Preservation and Sales Reform Act''. SEC. 2. AMENDMENTS TO TITLE 39, UNITED STATES CODE, WITH RESPECT TO THE CLOSURE AND CONSOLIDATION OF POSTAL FACILITIES. (a) In General.--Section 404(d) of title 39, United States Code, is amended-- (1) by striking subsection (d)(1) and inserting the following: ``(d)(1) Prior to making a determination under subsection (a)(3) of this section as to the necessity for the closing or consolidation of any postal facility, the Postal Service shall-- ``(A) hold at least 3 public meetings, located within the area affected by the closing or consolidation, at least 120 days prior to such determination; and ``(B) provide adequate notice of its intention to close or consolidate such facility at least 180 days prior to the proposed date of such closing or consolidation to persons served by such facility to ensure that such persons will have an opportunity to present their views. ``(2) For purposes of paragraph (1), `adequate notice' with respect to a closure or consolidation of a post office means written notification to-- ``(A) each person served by such post office; ``(B) each officer or employee who is employed at such post office; and ``(C) each Federal, State, and local elected official who represents the ZIP code in which such post office is located.''; (2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (3) by adding at the end the following: ``(8) The following entities shall have a right of first refusal, in descending order of priority, to purchase any postal facility offered for sale by the Postal Service under this section: ``(A) A Federal agency (as that term is defined in section 2671 of title 28). ``(B) The State in which such facility is located. ``(C) The city, town, or local unit of government with jurisdiction over the area in which such facility is located. ``(9) The Postal Service may not enter into any contract or agreement with a person where such contract permits such person to represent, with respect to a sale of a postal facility under this section, the Postal Service and the proposed buyer of the facility.''. (b) Technical and Conforming Amendments.--Section 404(d) of title 39, United States Code, is amended-- (1) in paragraphs (3) through (7) (as redesignated by subsection (a)(2)), by striking ``post office'' in each instance it appears and inserting ``postal facility''; (2) in paragraph (3) (as so redesignated), by striking ``post offices'' and inserting ``postal facilities''; in each instance it appears (3) in paragraph (4) (as so redesignated), by striking ``paragraph (2)'' and inserting ``paragraph (3)''; (4) in paragraph (6) (as so redesignated), by striking ``paragraph (3)'' and inserting ``paragraph (4)''; and (5) in paragraph (7) (as so redesignated), by striking ``paragraph (5)'' and inserting ``paragraph (6)''. SEC. 3. AMENDMENTS TO TITLE 39, UNITED STATES CODE, WITH RESPECT TO HISTORIC POSTAL FACILITIES. (a) Sale of Postal Facilities.--Section 404(d) of title 39, United States Code, is further amended by adding at the end the following new paragraph: ``(10) With respect to any historic postal facility (as that term is defined in section 417) offered for sale or proposed for relocation or cessation of services by the Postal Service under this section, the Postal Service may not enter into any contract or agreement to sell the facility or relocate or cease services at such facility until the proposed decision to sell or relocate such facility is reviewed pursuant to section 106 of the National Historic Preservation Act (16 U.S.C. 470f).''. (b) General Historic Postal Facility Requirements.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 417. Historic postal facilities ``(a) Historic Surplus Property Program.--If the Postal Service makes a determination to sell a historic postal facility under section 404, and the preservation of such facility has been determined by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places to be of national significance, the Postal Service shall use the Historic Surplus Property Program (administered by the National Park Service and the General Services Administration) to dispose of such facility. ``(b) Federal Preservation Officer Duties.--The Federal preservation officer at the Postal Service shall be consulted in any decision with respect to the sale or lease of any historic postal facility or any historic art at such facility. ``(c) List of Historic Postal Facilities; Budget.--The Postmaster General shall maintain-- ``(1) a list of historic postal facilities and publish such list on the Postal Service Web site; and ``(2) a separate preservation budget to track obligations and expenditures by the Postal Service with respect to historic preservation activities. ``(d) New Deal Art.-- ``(1) In general.--The Federal preservation officer at the Postal Service shall promptly notify the National Museum of American Art in any instance where New Deal art owned by the Postal Service is loaned or relocated. ``(2) Availability of policies.--The Postmaster General shall make all Postal Service policies relating to historic preservation and New Deal art available to the public. ``(e) Definitions.--In this section-- ``(1) the term `historic postal facility' means any postal facility listed, or eligible to be listed, in the National Register of Historic Places; and ``(2) the term `New Deal art' means any work of art located at a postal facility that-- ``(A) was commissioned by the Federal Government between 1933 and 1936; and ``(B) is owned by the Postal Service.''. (c) Clerical Amendment.--The table of sections for title 39, United States Code, is amended by inserting after the item relating to section 416 the following new item: ``417. Historic postal facilities.''. SECTION 4. ADDITIONAL REQUIREMENTS WITH RESPECT TO HISTORIC POSTAL FACILITIES. (a) Moratorium on Sale of Historic Postal Facilities.-- Notwithstanding any other provision of law, the Postmaster General of the United States Postal Service may not enter into any agreement to sell a postal facility that is listed, or eligible to be listed, in the National Register of Historic Places unless the sale is conducted pursuant to the procedures established under section 404(d) of title 39, United States Code, as amended by sections 2 and 3. (b) Application of National Historic Preservation Act.--Congress reaffirms that sections 106, 110, and 111 of the National Historic Preservation Act apply to the United States Postal Service. (c) Development of Postal Service Policies and Procedures With Respect to Historic Postal Facilities.-- (1) Model historic property covenant.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall, in consultation with the Advisory Council on Historic Preservation, the National Conference of State Historic Preservation Officers, and the National Trust for Historic Preservation, develop a model covenant, to be used and applied with respect to any historic postal facility offered for sale by the Postal Service. (B) Covenant requirements.--Such covenant shall provide that-- (i) the purchaser of such a facility shall allow public access to any historic artwork located within such facility; (ii) the Postal Service shall contribute sufficient funds to the maintenance of any such artwork; and (iii) the purchaser of such a facility shall not demolish the historic postal facility or alter it in any way that is incompatible with the historic character of such facility. (C) Covenant guidance.--Not later than 1 year after the date of enactment of this Act, the Postmaster General shall, in consultation with the Advisory Council on Historic Preservation, the National Conference of State Historic Preservation Officers, and the National Trust for Historic Preservation, develop and implement guidelines with respect to notifying any private entity of the responsibilities of such entity under the covenant developed under subsection (a), including stewardship requirements and any pertinent information on Federal or State tax incentive programs. (2) Training.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall, in consultation with the Advisory Council on Historic Preservation, develop guidance and training procedures for officers and employees of the Postal Service on the processes, requirements, and special considerations with respect to the sale of any historic postal facility, including-- (A) the application of section 106 of the National Historic Preservation Act (16 U.S.C. 470f) to such sale; and (B) consultation with stakeholders with respect to such sale. (3) Leasing.--Not later than 1 year after the date of enactment of this Act, the Postmaster General shall develop and implement a policy with respect to, as an alternative to selling any historical postal facility, leasing such facility, as permitted under section 111 of the National Historic Preservation Act (16 U.S.C. 470h-3). (4) Report on use of gsa for sale of property.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall publish a report on whether the Postal Service should use the Office of Real Property Disposal of the General Services Administration with respect to selling any historic postal facility. SEC. 5. PROPOSED POSTAL SERVICE RULE UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT. The proposed rule published by the Postal Service in the Federal Register on January 13, 2014 (79 Fed. Reg. 2102 et seq.), and any subsequent rule that is substantially the same shall have no force or effect.

Postal Facilities Preservation and Sales Reform Act - Revises requirements for making a determination as to the necessity for closing or consolidating any postal facility to require that the U.S. Postal Service (USPS): (1) hold at least three public meetings, located in the area affected by the closing or consolidation, at least 120 days prior to the determination; and (2) provide adequate notice of the closing or consolidation to persons served by such facility at least 180 days prior to the proposed date of such closing or consolidation. Prohibits USPS from entering into any contract or agreement to sell or relocate a historic postal facility until the proposed decision to sell or relocate is reviewed in accordance with requirements of the National Historic Preservation Act. Requires USPS to use the Historic Surplus Property Program to dispose of a historic postal facility that has been determined by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places to be of national significance. Requires: (1) the Postmaster General to maintain a list of historic postal facilities and to publish such list on the USPS website, (2) the Postmaster General to maintain a separate preservation budget for such facilities, and (3) the USPS Federal Preservation Officer to notify the National Museum of American Art when New Deal art (art located at a postal facility that was commissioned by the federal government between 1933 and 1937) owned by USPS is loaned or relocated. Requires the Postmaster General to develop a model covenant to be used and applied to any historic postal facility offered for sale that: (1) requires the purchaser of such a facility to allow public access to any historic artwork located within such facility, (2) requires USPS to contribute sufficient funds to the maintenance of such artwork, and (3) prohibits the purchaser of the historic postal facility from demolishing or altering it in any way that is incompatible with its historic character. Nullifies the proposed rule published by USPS in the Federal Register on January 13, 2014, relating to a categorical exclusion under the National Environmental Policy Act for disposal of USPS facilities.

Postal Facilities Preservation and Sales Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2017''. SEC. 2. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--SMALL BUSINESS START-UP SAVINGS ACCOUNTS ``Sec. 530A. Small Business Start-Up Savings Accounts. ``SEC. 530A. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) General Rule.--A small business start-up savings account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the small business start-up savings account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Small Business Start-Up Savings Account.--The term `small business start-up savings account' means a trust created or organized in the United States exclusively for the purpose of making qualified start-up expenditures of the individual who is the designated beneficiary of the trust (and designated as a small business start-up savings account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a rollover contribution described in subsection (d)(4), no contribution will be accepted unless it is in cash, and contributions will not be accepted if such contribution would result in aggregate contributions for the taxable year not exceeding the lesser of-- ``(A) $10,000, or ``(B) an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual's gross income for such taxable year. ``(2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(c) Qualified Start-Up Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified start-up expenditures' has the meaning given such term by section 195. ``(2) Special rule for corporation or partnership interests.--Such term includes the taxpayer's allocable share of qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest. ``(3) Exception.--Such term shall not apply to any expenditures paid or incurred in a taxable year in connection with a trade or business if there is any day during the taxable year on which the number of full-time employees of the trade or business exceeds 50. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Any distribution shall be includible in the gross income of the distributee in the manner as provided in section 72. ``(2) Distributions for qualified start-up expenditures.-- ``(A) In general.--No amount shall be includible in gross income under paragraph (1) if the qualified start-up expenditures of the individual during the taxable year are not less than the aggregate distributions during the taxable year. ``(B) Distributions in excess of expenses.--If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified start-up expenditures bear to such aggregate distributions. ``(C) Disallowance of excluded amounts as deduction, credit, or exclusion.--No deduction, credit, or exclusion shall be allowed to the taxpayer under any other section of this chapter for any qualified start- up expenditure to the extent taken into account in determining the amount of the exclusion under this paragraph. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to any small business start-up savings account of an individual, paragraph (1) shall not apply to distributions from the small business start-up savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution described in paragraph (4)) which when added to all previous contributions for the taxable year exceeds the amount allowable as a contribution under subsection (b)(1). ``(4) Rollover contribution.--Paragraph (1) shall not apply to any amount paid or distributed from a small business start- up savings account to the account beneficiary to the extent the amount received is paid into a small business start-up savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. For purposes of this paragraph, rules similar to the rules of section 408(d)(3)(D) shall apply. ``(5) Transfer of account incident to divorce.--The transfer of an individual's interest in a small business start- up savings account to an individual's spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a small business start-up savings account with respect to which such spouse is the account beneficiary. ``(6) Treatment after death of account beneficiary.-- ``(A) Treatment if designated beneficiary is spouse.--If the account beneficiary's surviving spouse acquires such beneficiary's interest in a small business start-up savings account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such account shall be treated as if the spouse were the account beneficiary. ``(B) Other cases.-- ``(i) In general.--If, by reason of the death of the account beneficiary, any person acquires the account beneficiary's interest in a small business start-up savings account in a case to which subparagraph (A) does not apply-- ``(I) such account shall cease to be a small business start-up savings account as of the date of death, and ``(II) an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such beneficiary, in such person's gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary's gross income for the last taxable year of such beneficiary. ``(ii) Special rules.-- ``(I) Reduction of inclusion for predeath expenses.--The amount includible in gross income under clause (i) by any person (other than the estate) shall be reduced by the amount of qualified start-up expenditures which were incurred by the decedent before the date of the decedent's death and paid by such person within 1 year after such date. ``(II) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent's spouse) with respect to amounts included in gross income under clause (i) by such person. ``(e) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(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 subsection (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 a small business start-up account described in subsection (a). 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) Adjustment for Inflation.--In the case of a taxable year beginning after December 31, 2017, the dollar amount in subsection (b)(1) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) 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 2016' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(h) Reports.--The trustee of a small business start-up savings account shall make such reports regarding such account to the Secretary and to the individual for whom the account is, or is to be, maintained with respect to contributions (and the years to which they relate), distributions, aggregating $10 or more in any calendar year, and such other matters as the Secretary may require. The reports required by this subsection-- ``(1) shall be filed at such time and in such manner as the Secretary prescribes, and ``(2) shall be furnished to individuals-- ``(A) not later than January 31 of the calendar year following the calendar year to which such reports relate, and ``(B) in such manner as the Secretary prescribes. ``(i) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section, including for purposes of subsection (c)(2) the making reports by regarding qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest.''. (b) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a small business start-up savings account described in section 530A, or''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end of subsection (c) the following new paragraph: ``(7) Special rule for small business start-up savings accounts.--An individual for whose benefit a small business start-up savings account is established and any contributor to such account 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 section 530A(d)(1) applies with respect to such transaction or if such transaction is a qualified start-up expenditure (as defined in section 530A(c)).''. (c) Failure To Provide Reports on Small Business Start-Up Savings Accounts.--Paragraph (2) of section 6693(a) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 530A(h) (relating to small business start-up savings accounts).''. (d) Excess Contributions.-- (1) Tax imposed.--Section 4973(a) of such Code is amended by striking ``or'' at the end of paragraph (5), by inserting ``or'' at the end of paragraph (6), and by inserting after paragraph (6) the following: ``(7) a small business start-up savings account (within the meaning of section 530A(b)),''. (2) Excess contributions to small business start-up savings accounts defined.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(i) Excess Contributions to Small Business Start-Up Savings Accounts.--For purposes of this section, in the case of contributions to a small business start-up savings account (within the meaning of section 530A(b)), the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed for the taxable year to such accounts (other than a rollover contribution described in section 530A(d)(4)), over ``(B) the amount allowable as a contribution under section 530A(b)(1), and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts for the taxable year, and ``(B) the excess (if any) of the maximum amount allowable as a contribution under sections 530A(b)(1) for the taxable year over the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed from a small business start-up savings account in a distribution described in section 530A(d)(3) shall be treated as an amount not contributed.''. (e) Clerical Amendment.--The table of contents for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IX. Small Business Start-Up Savings Accounts''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2017 This bill amends the Internal Revenue Code to create tax-exempt small business start-up savings accounts to pay for the start-up expenses of a business that does not employ more than 50 full-time employees during a taxable year. Cash contributions to such accounts are allowed up to the lesser of $10,000 or the amount of compensation includible in the taxpayer's gross income for the taxable year. (Start-up expenditures are paid or incurred in connection with: (1) investigating the creation or acquisition of an active trade or business; (2) creating an active trade or business; or (3) any activity engaged in for profit and for the production of income before the day on which the active trade or business begins, in anticipation of the activity becoming an active trade or business.)

Incentivize Growth Now In Tomorrow’s Entrepreneurs Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``FERS Buyback Act of 1999''. SEC. 2. CREDITABILITY OF SERVICE. (a) In General.--Section 8411(b) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) subject to section 8411(i), service as a temporary or intermittent employee not otherwise creditable for purposes of this chapter, performed after December 31, 1988, and before January 1, 1999, of at least 1 year's duration (whether performed over a continuous period or otherwise), but only if the individual performing such service later becomes subject to this chapter, and such service is not credited for purposes of any benefit under any other retirement system established by a law of the United States (disregarding the Social Security Act and chapter 83 of this title).''. (b) Deposit Requirement.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) An employee or Member shall, with respect to any service described in subsection (b)(5) performed by such employee or Member, be required to deposit to the credit of the Fund an amount equal to 1.3 percent of basic pay for such service. ``(2) Any deposit under paragraph (1) made more than 5 years after the later of-- ``(A) October 1, 1999, or ``(B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of temporary or intermittent service for which such deposit is due, shall include interest on such amount, computed in the manner described in subsection (f)(3) and compounded annually beginning on the date of the expiration of the 5-year period. ``(3) If the deposit under paragraph (1) is not made or if less than the entire amount of such deposit is made-- ``(A) service of the employee or Member described in subsection (b)(5) shall be fully creditable; but ``(B) any annuity under this chapter based on the service of such employee or Member shall be reduced in a manner similar to that described in section 8418(b).''. SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED. (a) In General.--The Office of Personnel Management shall prescribe regulations under which credit for service, as described in section 8411(b)(5) of title 5, United States Code, as amended by this Act, which was performed by an individual who has separated from Government service may be obtained. (b) Requirements.--Under the regulations, credit shall not be given under this section unless appropriate written application is submitted, not later than December 31, 2001, in such form and manner as the regulations require. (c) Recomputation of Annuity.-- (1) In general.--Any annuity or survivor annuity payable as of when an application under this subsection is submitted shall be recomputed to take into account any service described in section 8411(b)(5) of title 5, United States Code (performed by the individual on whose service the annuity is based), effective with respect to amounts accruing for months beginning more than 30 days after the date on which such application is submitted. (2) Condition.--If the full amount of the deposit required under section 8411(i) of such title 5 is not timely made (before such deadline as the Office shall by regulation prescribe) with respect to any service as to which the application under paragraph (1) relates, an appropriate reduction shall be made in the recomputed annuity in accordance with paragraph (3) of such section 8411(i). Interest shall not be included as part of any deposit under this subsection. SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL MANAGEMENT. (a) Notice.--The Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals of any rights they might have as a result of the enactment of this Act. (b) Assistance.--The Office shall, on request, assist any individual in obtaining from any department, agency, or other instrumentality of the United States any information in the possession of such instrumentality which may be necessary to verify the entitlement of such individual to have any service credited under section 8411(b)(5) of title 5, United States Code, as amended by this Act, or to have an annuity recomputed under section 3(c). (c) Information.--Any department, agency, or other instrumentality of the United States which possesses any information with respect to an individual's performance of any service described in such section 8411(b)(5) shall, at the request of the Office, furnish such information to the Office.

Sets forth provisions relating to persons who have separated from Government service.

FERS Buyback Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Surface Transportation Extension Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--FEDERAL-AID HIGHWAYS Sec. 101. Federal-aid highway programs continuation. Sec. 102. Administrative expenses. TITLE II--ADDITIONAL PROGRAMS Sec. 201. Dingell-Johnson Sport Fish Restoration Act. TITLE III--RESCISSION Sec. 301. Rescission of unobligated balances. SEC. 2. DEFINITIONS. In this Act and the amendments made by this Act: (1) Part-year funding date.--The term ``Part-Year Funding Date'' means January 31, 2012. (2) Part-year ratio.--The term ``Part-Year Ratio'' means the ratio calculated by dividing-- (A) the number of days included in the period beginning on October 1, 2011, and ending on the Part- Year Funding Date; by (B) 366. (3) SAFETEA-LU.--The term ``SAFETEA-LU'' means the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1144). (4) STEA of 2010.--The term ``STEA of 2010'' means the Surface Transportation Extension Act of 2010 (Public Law 111- 147; 124 Stat. 78). TITLE I--FEDERAL-AID HIGHWAYS SEC. 101. FEDERAL-AID HIGHWAY PROGRAMS CONTINUATION. (a) In General.--Except as otherwise provided in this section, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title), which would otherwise expire on or cease to apply after September 30, 2011, are incorporated by reference and shall continue in effect through the Part-Year Funding Date. (b) Authorization of Appropriations.--Except as provided in section 102, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, a sum equal to-- (1) the total amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2011 under subtitle A of title IV of the STEA of 2010; multiplied by (2) the Part-Year Ratio. (c) Use of Funds.-- (1) In general.--Except as otherwise expressly provided in this section, funds authorized to be appropriated under subsection (b) for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, shall be distributed, administered, limited, and made available for obligation in the same manner and in the same proportional amounts as funds authorized to be appropriated out of the Highway Trust Fund for fiscal year 2011 to carry out programs, projects, activities, eligibilities, and requirements under sections 411(d)(2), 411(d)(3)(B), and 411(d)(4) of the STEA of 2010, SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title). (2) Contract authority.-- (A) In general.--Except as provided in subparagraph (B), funds authorized to be appropriated under this section-- (i) shall be available for obligation and shall be administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and (ii) for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, shall be subject to a limitation on obligations included in an Act making appropriations for fiscal year 2012 or a portion of that fiscal year, except that during such period obligations subject to such limitation shall not exceed-- (I) the amount of such limitation on obligations included in an Act making appropriations for fiscal year 2012; multiplied by (II) the Part-Year Ratio. (B) Exceptions.--A limitation on obligations described in subparagraph (A)(ii) shall not apply to any obligation under-- (i) section 125 of title 23, United States Code; or (ii) section 105 of title 23, United States Code for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, only in an amount equal to $639,000,000 multiplied by the Part-Year Ratio. (3) Calculations for distribution of obligation limitation.--Upon enactment of an Act making appropriations for the Department of Transportation for fiscal year 2012 (other than an Act or resolution making continuing appropriations), the Secretary of Transportation shall-- (A) as necessary for purposes of making the calculations for the distribution of any obligation limitation under such Act, annualize the amount of contract authority provided under this title for Federal-aid highways and highway safety construction programs; and (B) multiply the resulting distribution of any obligation limitation under such Act by the Part-Year Ratio. (d) Extension of Authorizations Under Title V of SAFETEA-LU.-- (1) In general.--Each program authorized under paragraphs (1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat. 1779) shall be continued for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, at the funding level made available for that program for fiscal year 2011, multiplied by the Part-Year Ratio. (2) Distribution of funds.--Funds for programs continued under paragraph (1) shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2011, except that designations for specific activities shall not be required to be continued for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date. SEC. 102. ADMINISTRATIVE EXPENSES. (a) Authorization of Contract Authority.--Notwithstanding any other provision of this title or any other law, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), from amounts provided under section 101, for administrative expenses of the Federal-aid highway program for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date, an amount equal to $422,425,000 multiplied by the Part-Year Ratio. (b) Contract Authority.--Funds authorized to be appropriated by this section shall be-- (1) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and (2) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended. TITLE II--ADDITIONAL PROGRAMS SEC. 201. DINGELL-JOHNSON SPORT FISH RESTORATION ACT. Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended-- (1) in subsection (a) by inserting ``and, for the period beginning on October 1, 2011, and ending on the Part-Year Funding Date set forth or otherwise established in the Surface Transportation Extension Act of 2012'' after ``2006 through 2011'' ; and (2) in subsection (b)(1)(A) by inserting ``and, for the period beginning on October 1, 2011, and ending on the Part- Year Funding Date set forth or otherwise established in the Surface Transportation Extension Act of 2012'' after ``2006 through 2011''. TITLE III--RESCISSION SEC. 301. RESCISSION OF UNOBLIGATED BALANCES. On September 1, 2012, of the unobligated balances of funds apportioned before that date to each State under chapter 1 of title 23, United States Code, $3,130,000,000 is permanently rescinded: Provided, That such rescission shall not apply to the funds distributed in accordance with sections 130(f) and 104(b)(5) of title 23, United States Code, sections 133(d)(1) and 163 of that title (as in effect on the day before the date of enactment of the SAFETEA-LU), or the first sentence of section 133(d)(3)(A) of title 23, United States Code: Provided further, That notwithstanding section 1132 of the Energy Independence and Security Act of 2007 (121 Stat. 1763), in administering the rescission required under this section, the Secretary of Transportation shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.

Surface Transportation Extension Act of 2012 - Title I: Federal-Aid Highways - (Sec. 101) Continues through January 31, 2012 (Part-Year Funding Date), and authorizes appropriations through that date for, specified federal-aid highway programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991, and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation, and in the same proportional amounts, as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund for FY2011. Subjects contract authority, however, between October 1, 2011, and January 31, 2012, to a specified pro rata limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. (Sec. 102) Authorizes the appropriation of a pro rata amount of $422.425 million from the Highway Trust Fund (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for the period from October 1, 2011, through the Part-Year Funding Date. Title II: Additional Programs - (Sec. 201) Amends the Dingell-Johnson Sport Fish Restoration Act to continue for the same period of time the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Title III: Rescission - (Sec. 301) Rescinds permanently on September 1, 2012, $3.13 billion of the unobligated balances of funds apportioned before that date to each state under the federal-aid highway program. Exempts from such rescission certain funds distributed for: (1) the elimination of hazards of railway-highway crossings, (2) the highway safety improvement program, (3) safety incentives to prevent drunk driving, and (4) a specified division of apportionment of funds between urbanized areas of over 200,000 population and other areas. Requires the Secretary of Transportation (DOT) to allow each state to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.

An original bill to extend the authority of Federal-aid highway programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Parity Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Huntington's Disease is a progressive degenerative neurological disease that causes total physical and mental deterioration. In the United States, approximately 30,000 individuals are affected by Huntington's Disease, along with another 200,000 individuals who are genetically ``at risk''. There is no effective treatment in terms of halting or slowing the progression of the disease. (2) Clinical indicators of Huntington's Disease include-- (A) loss of ability to control bodily movements; (B) loss of ability to think or act quickly, inability to learn new material, and loss of memory; and (C) behavioral or psychological problems, including personality changes, irritability, mood swings, anxiety, obsessive-compulsive behavior, inability to concentrate, decreased motivation, and severe depression. (3) Adult-onset Huntington's Disease typically results in the development of symptoms in individuals between 30 and 50 years of age. Late-onset Huntington's Disease is characterized by development of symptoms after 50 years of age and is usually associated with a milder course of the disease. Juvenile Huntington's Disease affects individuals who have yet to attain 19 years of age and progresses at a more rapid rate. (4) Because of the incapacitating nature of Huntington's Disease, individuals living with this illness, including those in the early stages of the disease, are unable to retain employment. As a result, many such individuals rely solely on Social Security Disability Insurance. (5) Despite significant advances in medicine and a greater understanding of Huntington's Disease, the Social Security Administration has not comprehensively revised its rules for the medical evaluation of neurological disabilities since 1985. The designation of this disease by the Social Security Administration as ``Huntington's Chorea'' is both outdated and medically inaccurate, as this term fails to recognize the behavioral and cognitive impact of Huntington's Disease, while also providing an incomplete characterization of the full spectrum of Huntington's Disease for purposes of Social Security Disability Insurance and the Medicare program. (6) After qualifying for Social Security Disability Insurance, individuals with Huntington's Disease must wait another 24 months before receiving benefits under the Medicare program, despite the fact that such individuals often become incapacitated before reaching the age-eligibility requirement under the Medicare program of 65 years of age. (7) In 2000, the Centers for Medicaid & Medicare Services waived the 24-month waiting period requirement for people disabled by amyotrophic lateral sclerosis (``ALS''), a degenerative neurological condition that is similar to Huntington's Disease. (8) In light of the outdated Social Security Disability Insurance guidelines for Huntington's Disease and the significant cognitive, behavioral, and physical incapacitation faced by individuals with this disease, there is an urgent need for a revision of the medical and evaluation criteria used by the Social Security Administration in determining whether such individuals are disabled, as well as removal of the 24-month waiting period for coverage under the Medicare program for such individuals, similar to the existing exemption for individuals who have been diagnosed with ALS. SEC. 3. REVISION OF MEDICAL AND EVALUATION CRITERIA FOR EVALUATING DISABILITY CAUSED BY ADULT-ONSET AND JUVENILE HUNTINGTON'S DISEASE. (a) In General.--For purposes of determinations of cognitive, behavioral, and physical disability under titles II and XVI of the Social Security Act, the Commissioner of Social Security, in consultation with the National Institute of Neurological Disorders and Stroke, the National Institutes of Health, and other relevant organizations with medical expertise relating to Adult-Onset and Juvenile Huntington's Disease, shall, not later than 180 days after the date of the enactment of this Act-- (1) amend section 11.00 of part A of the Listing of Impairments (relating to neurological impairments of adults) by-- (A) providing medical and evaluation criteria for Huntington's Disease; and (B) striking ``Huntington's Chorea'' each place it appears; (2) amend section 12.00 of part A of the Listing of Impairments (relating to mental disorders of adults) by providing medical and evaluation criteria for Huntington's Disease; (3) amend section 111.00 of part B of the Listing of Impairments (relating to neurological impairments of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease; and (4) amend section 112.00 of part B of the Listing of Impairments (relating to mental disorders of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease. (b) Listing of Impairments.--For purposes of this section, the term ``Listing of Impairments'' means appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations. SEC. 4. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER MEDICARE PROGRAM FOR INDIVIDUALS DIAGNOSED WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's Disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

Huntington's Disease Parity Act of 2011 - Directs the Commissioner of Social Security, for purposes of determining cognitive, behavioral, and physical disability under titles II (Old Age, Survivors, and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA), to amend specified Listings of Impairments by providing medical and evaluation criteria for Huntington's Disease. Amends SSA title II to waive the 24-month waiting period for coverage under the Medicare program for individuals diagnosed with Huntington's Disease.

To require the Commissioner of Social Security to revise the medical and evaluation criteria for determining disability in a person diagnosed with Huntington's Disease and to waive the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Runaway, Homeless, and Missing Children Protection Act''. TITLE I--AMENDMENTS TO RUNAWAY AND HOMELESS YOUTH ACT SEC. 101. AMENDMENT TO FINDINGS. Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) is amended to read as follows: ``SEC. 302. FINDINGS. ``The Congress finds that-- ``(1) youth who have become homeless or who leave and remain away from home without parental permission, are at risk of developing, and have a disproportionate share of, serious health, behavioral, and emotional problems because they lack sufficient resources to obtain care and may live on the street for extended periods thereby endangering themselves and creating a substantial law enforcement problem for communities in which they congregate; ``(2) many such young people, because of their age and situation, are urgently in need of temporary shelter and services, including services that are linguistically appropriate and acknowledge the environment of youth seeking these services; ``(3) in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop an accurate national reporting system to report the problem, and to assist in the development of an effective system of care (including preventive and aftercare services, emergency shelter services, extended residential shelter, and street outreach services) outside the welfare system and the law enforcement system; ``(4) to make a successful transition to adulthood, runaway youth, homeless youth, and other street youth need opportunities to complete high school or earn a general equivalency degree, learn job skills, and obtain employment; and ``(5) improved coordination and collaboration between the Federal programs that serve runaway and homeless youth are necessary for the development of a long-term strategy for responding to the needs of this population.''. SEC. 102. GRANT PROGRAM CONFORMING AMENDMENT. The heading for part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is amended by striking ``Runaway and Homeless Youth'' and inserting ``Basic Center''. SEC. 103. GRANTS FOR SERVICES PROVIDED. Section 311(a)(2)(C) of the Runaway and Homeless Youth Act (42 U.S.C. 5711(a)(2)(C)) is amended-- (1) in clause (ii) by striking ``and''; (2) in clause (iii) by striking the period and inserting ``; and''; and (3) after clause (iii) by inserting the following: ``(iv) at the request of runaway and homeless youth, testing for sexually transmitted diseases.''. SEC. 104. REPEAL OF OBSOLETE PROVISION RELATING TO CERTAIN ALLOTMENTS. Section 311(b) the Runaway and Homeless Youth Act (42 U.S.C. 5711(b)) is amended-- (1) in paragraph (2), by striking ``Subject to paragraph (3), the'' and inserting ``The''; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). SEC. 105. ELIGIBILITY PROVISION. Section 312(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(a)) is amended by striking ``juveniles'' each place it appears and inserting ``youth''. SEC. 106. RECOGNITION OF STATE LAW RELATING TO CAPACITY LIMITATION ON ELIGIBLE RUNAWAY AND HOMELESS YOUTH CENTERS. Section 312(b)(2)(A) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)(2)(A)) is amended by inserting after ``youth'' the following: ``, except where the applicant assures that the State where the center or locally controlled facility is located has a State or local law or regulation that requires a higher maximum to comply with licensure requirements for child and youth serving facilities''. SEC. 107. MATERNITY GROUP HOMES. (a) Eligibility.--Section 322(a)(1) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(1)) is amended-- (1) by inserting after ``group homes,'' the following: ``including maternity group homes,''; and (2) by inserting after ``use of credit,'' the following: ``parenting skills (as appropriate),''. (b) Definition.--Section 322 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2) is amended by adding at the end the following new subsection: ``(c) Definition.--In this part, the term `maternity group home' means a community-based, adult-supervised transitional living arrangement that provides pregnant or parenting youth and their children with a supportive and supervised living arrangement in which such pregnant or parenting youth are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence in order to ensure the well-being of their children.''. SEC. 108. LIMITED EXTENSION OF 540-DAY SHELTER ELIGIBILITY PERIOD. Section 322(a)(2) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(2)) is amended by inserting after ``days'' the following: ``, except that a youth in a program under this part who is under the age of 18 years on the last day of the 540-day period may, if otherwise qualified for the program, remain in the program until the earlier of the youth's 18th birthday or the 180th day after the end of the 540-day period''. SEC. 109. PART A PLAN COORDINATION ASSURANCES. Section 312(b)(4)(B) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)(4)(B)) is amended by striking ``personnel'' and all that follows through the semicolon and inserting ``McKinney-Vento school district liaisons, designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), to assure that runaway and homeless youth are provided information about the educational services available to such youth under subtitle B of title VII of that Act;''. SEC. 110. PART B PLAN COORDINATION AGREEMENT. Section 322(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)) is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(15) to coordinate services with McKinney-Vento school district liaisons, designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), to assure that runaway and homeless youth are provided information about the educational services available to such youth under subtitle B of title VII of that Act.''. SEC. 111. PART B PLAN DEVELOPMENT. Section 322(a)(7) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)(7)) is amended to read as follows: ``(7) to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational (including post-secondary education), vocational, training (including services and programs for youth available under the Workforce Investment Act of 1998), welfare (including programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996), legal service, and health care programs and to help integrate and coordinate such services for youths;''. SEC. 112. COORDINATION OF PROGRAMS. Section 341 of the Runaway and Homeless Youth Act (42 U.S.C. 5714- 21) is amended-- (1) in paragraph (1), by striking ``and'' after the semicolon at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) shall consult, as appropriate, the Secretary of Housing and Urban Development to ensure coordination of programs and services for homeless youth.''. SEC. 113. CLARIFICATION OF GRANT AUTHORITY. Section 343(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-23(a)) is amended by inserting after ``service projects'' the following: ``regarding activities under this title''. SEC. 114. TECHNICAL AMENDMENT RELATING TO DEMONSTRATION PROJECTS. The section heading of section 344 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-24) is amended by striking ``temporary''. SEC. 115. REPEAL OF OBSOLETE PROVISION RELATING TO STUDY. The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended by striking section 345 (42 U.S.C. 5714-25). SEC. 116. AGE LIMIT FOR HOMELESS YOUTH. Section 387(3)(A)(i) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)(A)(i)) is amended by inserting after ``of age'' the following: ``, or, in the case of a youth seeking shelter in a center under part A, not more than 18 years of age''. SEC. 117. AUTHORIZATION OF APPROPRIATIONS. (a) Other Than Part E.--Section 388(a)(1) of the Runaway and Homeless Youth Act (42 U.S.C. 5751(a)(1)) is amended by striking ``such sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003'' and inserting ``$105,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal years 2005, 2006, 2007, and 2008''. (b) Part E.--Section 388(a)(4) of the Runaway and Homeless Youth Act (42 U.S.C. 5751(a)(4)) is amended by striking ``2000, 2001, 2002, and 2003'' and inserting ``2004, 2005, 2006, 2007, and 2008''. (c) Part B Allocation.--Section 388(a)(2)(B) of the Runaway and Homeless Youth Act (42 U.S.C. 5751(a)(2)(B)) is amended by striking ``not less than 20 percent, and not more than 30 percent'' and inserting ``45 percent and, in those fiscal years in which continuation grant obligations and the quality and number of applicants for parts A and B warrant not more than 55 percent''. SEC. 118. REPORT ON PROMISING STRATEGIES TO END YOUTH HOMELESSNESS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the United States Interagency Council on Homelessness, shall submit to the Congress a report on promising strategies to end youth homelessness. SEC. 119. STUDY OF HOUSING SERVICES AND STRATEGIES. The Secretary of Health and Human Services shall conduct a study of programs funded under part B of the Runaway and Homeless Youth Act (42 U.S.C. 5714-1 et seq.) to report on long-term housing outcomes for youth after exiting the program. The study of any such program should provide information on housing services available to youth upon exiting the program, including assistance in locating and retaining permanent housing and referrals to other residential programs. In addition, the study should identify housing models and placement strategies that prevent future episodes of homelessness. SEC. 120. RESTRICTION ON USE OF FUNDS. The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended by adding at the end the following new section: ``SEC. 389. RESTRICTION ON USE OF FUNDS. ``(a) In General.--None of the funds contained in this title may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. ``(b) Separate Accounting.--Any individual or entity who receives any funds contained in this title and who carries out any program described in subsection (a) shall account for all funds used for such program separately from any funds contained in this title.''. TITLE II--AMENDMENTS TO MISSING CHILDREN'S ASSISTANCE ACT SEC. 201. AMENDMENT TO FINDINGS. Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended to read as follows: ``SEC. 402. FINDINGS. ``The Congress finds that-- ``(1) each year thousands of children are abducted or removed from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger; ``(2) many missing children are at great risk of both physical harm and sexual exploitation; ``(3) in many cases, parents and local law enforcement officials have neither the resources nor the expertise to mount expanded search efforts; ``(4) abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforcement efforts; ``(5) the National Center for Missing and Exploited Children-- ``(A) serves as the national resource center and clearinghouse; ``(B) works in partnership with the Department of Justice, the Federal Bureau of Investigation, the Department of the Treasury, the Department of State, and many other agencies in the effort to find missing children and prevent child victimization; and ``(C) operates a national and increasingly worldwide network, linking the Center online with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, and Puerto Rico, as well as with Scotland Yard in the United Kingdom, the Royal Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and others, which enable the Center to transmit images and information regarding missing children to law enforcement across the United States and around the world instantly.''. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. (a) Annual Grant to National Center for Missing and Exploited Children.--Section 404(b)(2) of the Missing Children's Assistance Act (42 U.S.C. 5773(b)(2)) is amended by striking ``2005'' and inserting ``2008''. (b) In General.--Section 408(a) of the Missing Children's Assistance Act (42 U.S.C. 5777(a)) is amended by striking ``2005.'' and inserting ``2008''. Passed the Senate September 26, 2003. Attest: Secretary. 108th CONGRESS 1st Session S. 1451 _______________________________________________________________________ AN ACT To reauthorize programs under the Runaway and Homeless Youth Act and the Missing Children's Assistance Act, and for other purposes.

Runaway, Homeless, and Missing Children Protection Act - Amends the Runaway and Homeless Youth Act (RHYA) and the Missing Children's Assistance Act (MCAA) to reauthorize and revise programs under such Acts. Title I: Amendments to Runaway and Homeless Youth Act - (Sec. 102) Renames RHYA part A as the Basic Center Grant Program (currently Runaway and Homeless Youth Grant Program).(Sec. 103) Includes testing for sexually transmitted diseases, at the request of runaway and homeless youth, among the services which local basic centers may provide.(Sec. 106) Provides for an exception to a 20-youth-maximum-capacity requirement for funding a basic center, or a locally controlled temporary shelter, if the applicant assures that there is a State or local law or regulation that requires a higher maximum to comply with licensure requirements for children and youth serving facilities. (Sec. 107) Includes maternity group homes among the types of transitional living youth projects eligible for grants under part B (Transitional Living Grant Program) of RHYA. (Sec. 108) Extends an individual youth's eligibility to remain in a transitional shelter beyond the regular 540-day period until the earlier of the youth's 18th birthday or the 180th day after the end of the 540-day period. (Sec. 109) Revises RHYA part A coordination assurance requirements to provide for coordinating services with school district liaisons designated under the McKinney-Vento Homeless Assistance Act to assure that runaway and homeless youth are provided information about the educational services available to such youth under such Act. (Sec. 110) Requires part B coordination agreements to also provide for coordinating services with McKinney-Vento school district liaisons. (Sec. 111) Requires part B plan development to include referral of homeless youth to: (1) postsecondary education; (2) training services and programs under the Workforce Investment Act of 1998; and (3) welfare programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (Sec. 112) Directs the Secretary of Health and Human Services (the Secretary) to consult the Secretary of Housing and Urban Development to ensure coordination of programs and services for homeless youth.(Sec. 116) Sets 18 years as the maximum age limit for youth seeking shelter in RHYA part A centers.(Sec. 117) Extends through FY 2008 the authorization of appropriations for programs under: (1) RHYA part E, Sexual Abuse Prevention Program; and (2) all other parts of RHYA. Increases to a minimum 45 percent, and a maximum 55 percent under certain conditions, the part B portion of funds allocated to parts A and B.(Sec. 118) Directs the Secretary to report on strategies to end youth homelessness.(Sec. 119) Directs the Secretary to evaluate RHYA part B programs to report on long-term housing outcomes for youth 12 to 18 months after exiting the program.(Sec. 120) Prohibits use of RHYA funds for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. Requires RHYA funds recipients who carry out such distribution programs to account for such program funds separately from RHYA funds. Title II: Amendments to Missing Children's Assistance Act - Amends MCAA to extend through FY 2008 the authorization of appropriations for: (1) an annual grant by the Administrator of the Office of Juvenile Justice and Delinquency Prevention (in the Department of Justice) to the National Center for Missing and Exploited Children (NCMEC); and (2) other programs under MCAA.

A bill to reauthorize programs under the Runaway and Homeless Youth Act and the Missing Children's Assistance Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Women's Health From Corporate Interference Act of 2014''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that employers that provide health benefits to their employees cannot deny any specific health benefits, including contraception coverage, to any of their employees or the covered dependents of such employees entitled by Federal law to receive such coverage. SEC. 3. FINDINGS. Congress finds as follows: (1) Access to the full range of health benefits and preventive services, as guaranteed under Federal law or through Federal regulations, provides all Americans with the opportunity to lead healthier and more productive lives. (2) Birth control is a critical health care service for women. Ninety-nine percent of sexually active women use birth control at least once in their lifetimes, and the Centers for Disease Control and Prevention declared it one of the Ten Great Public Health Achievements of the 20th Century. While the most common reason women use contraception is to prevent pregnancy, 58 percent of oral contraceptive users cite noncontraceptive health benefits as reasons for using the method. Fourteen percent of birth control pill users, more than 1,500,000 women, rely on birth control pills for noncontraceptive purposes only. (3) In addition to providing health benefits for women, access to birth control has been directly connected to women's economic success and ability to participate in society equally. Women with access to birth control are more likely to have higher educational achievement and career achievement, and to be paid higher wages. (4) The independent, nonprofit Institute of Medicine recommends, as part of its recommended preventive health measures, that women's preventive health be covered by health plans with no cost-sharing to promote optimal health of women. The Institute of Medicine noted that the contraceptive methods recommendation was one of the most important recommendations for women. (5) Affordability has long been a barrier to women being able to use birth control and other preventive health services effectively. A national survey of women who were currently using some form of contraception found that one-third would switch to a different method of contraception if they did not have to worry about cost. Women citing cost concerns were twice as likely as other women to rely on less effective methods of contraception. (6) Three separate studies have found that lack of health coverage is significantly associated with reduced use of prescription contraceptives. (7) Cost-sharing requirements can dramatically reduce the use of preventive health care measures, particularly among lower-income women. Studies have shown that eliminating cost- sharing for the most effective forms of contraception (intrauterine devices, implants, and injectables) leads to sizable increases in the use of these methods. (8) The Patient Protection and Affordable Care Act (Public Law 111-148) sought to remove the barrier to care by requiring all new health plans to cover recommended preventive services without cost-sharing, which include women's preventative services. These services include all methods of contraception and sterilization approved by the Food and Drug Administration and related education and counseling, as prescribed by a health care provider. (9) The contraceptive coverage provision has been a success in increasing access to this critical health service for women. As of 2013, 47,000,000 women were covered by this requirement. Women have saved $483,000,000 in out-of-pocket costs for oral contraceptives with no copayments in 2013 compared to 2012. (10) The Journal of the American Medical Association reports that 7 out of 10 people in the United States support coverage of contraception, with significantly higher support among women, Hispanic Americans, and Black Americans. (11) An estimated 76,000,000 people in the United States, including 30,000,000 women, are newly eligible for expanded preventive services coverage under the Patient Protection and Affordable Care Act. A total of 48,500,000 women are estimated to benefit from preventive services coverage without cost- sharing. (12) The most appropriate method of contraception varies according to each individual woman's needs and medical history. Women may have medical contraindications and thus not be able to use certain types of contraceptive methods. It is therefore vital that the full range of contraceptive methods approved by the Food and Drug Administration be available in order to ensure that each woman, in consultation with her medical provider, can make appropriate decisions about her health care. (13) Covering proven preventative services like contraception lowers health care spending as it improves health. The Federal Government experienced no increase in costs at all after it began covering contraceptives for Federal employees. A study by the National Business Group on Health estimated that it costs employers 15 to 17 percent more to not provide contraceptive coverage in employee health plans, accounting for the employer's direct medical costs of pregnancy and indirect costs related to employee absence and reduced productivity. (14) Dozens of cases have been filed in Federal court by employers that want to take this benefit away from their employees and the covered dependents of such employees. (15) On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell, that some for-profit corporations can take away the birth control coverage guaranteed to their employees and the covered dependents of such employees through their group health plan. (16) In a dissent in those cases, Justice Ruth Bader Ginsburg states that in this ``decision of startling breadth . . . the exemption sought by Hobby Lobby and Conestoga . . . would deny legions of women who do not hold their employers' beliefs access to contraceptive coverage that the ACA would otherwise secure.'' Justice Ginsburg also notes that the decision opens up the door to religiously grounded employer objections to a whole host of health care services like ``blood transfusions . . .. antidepressants . . . medications derived from pigs, including anesthesia . . . and vaccinations.''. (17) The Supreme Court's decision in those cases allows employers, that otherwise provide coverage of preventive health services, to deny their employees and the covered dependents of such employees contraceptive coverage and to treat a critical women's health service differently than other comparable services. Legislation is needed to clarify that employers may not discriminate against their employees and dependents. (18) It is imperative that Congress act to reinstate contraception coverage and to protect employees and the covered dependents of such employees from other attempts to take away coverage for other health benefits to which such employees and dependents are entitled under Federal law. SEC. 4. ENSURING COVERAGE OF SPECIFIC BENEFITS. (a) In General.--An employer that establishes or maintains a group health plan for its employees (and any covered dependents of such employees) shall not deny coverage of a specific health care item or service with respect to such employees (or dependents) where the coverage of such item or service is required under any provision of Federal law or the regulations promulgated thereunder. A group health plan, as defined in section 733(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)), sponsored by an employer, employee organization, or both, and any health insurance coverage, as defined in section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg-91) is required to provide coverage required under the Public Health Service Act, including section 2713 of such Act (42 U.S.C. 300gg-13), in addition to other applicable requirements. (b) Application.--Subsection (a) shall apply notwithstanding any other provision of Federal law, including Public Law 103-141. (c) Regulations.--The regulations contained in sections 54.9815- 2713A of title 26, 2590.715-2713A of title 29, and 147.131 of title 45, Code of Federal Regulations, shall apply with respect to this section. The Departments of Labor, Health and Human Services, and the Treasury may modify such regulations consistent with the purpose and findings of this Act. (d) Enforcement.--The provisions of this Act shall apply to plan sponsors, group health plans, and health insurance issuers as if enacted in the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), the Public Health Service Act (42 U.S.C. 201 et seq.), and the Internal Revenue Code of 1986. Any failure by a plan sponsor, group health plan, or health insurance issuer to comply with the provisions of this Act shall be subject to enforcement through part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), section 2723 of the Public Health Service Act (42 U.S.C. 300gg-22), and section 4980D of the Internal Revenue Code of 1986.

Protect Women's Health From Corporate Interference Act of 2014 - Affirms requirements, notwithstanding the Religious Freedom Restoration Act of 1993, that: (1) an employer that establishes or maintains a group health plan for its employees must provide coverage of a specific item or service for the employees or their dependents where the coverage is required under federal provisions or regulations pursuant to those provisions; and (2) group health plans sponsored by an employer or employee organization, and any health insurance coverage, must provide coverage required under the Public Health Service Act, including preventive health services. Authorizes the Departments of Labor, Health and Human Services (HHS), and the Treasury to modify regulations concerning coverage of contraceptive services by group health plans of religious employers consistent with the purposes and findings (regarding coverage of birth control services and the Supreme Court decisions in Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell) of this Act.

Protect Women's Health From Corporate Interference Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Women's Health Improvement Act of 1993''. TITLE I--WOMEN'S HEALTH CARE SEC. 101. PRIMARY AND PREVENTIVE HEALTH-CARE SERVICES FOR WOMEN. (a) Female Members and Retirees of the Uniformed Services.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1074c the following new section: ``Sec. 1074d. Primary and preventive health-care services for women ``Female members and former members of the uniformed services who are entitled to medical care under section 1074 or 1074a of this title shall be furnished with primary and preventive health-care services for women as part of such medical care.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074c the following new item: ``1074d. Primary and preventive health-care services for women.''. (b) Female Dependents.--Section 1077(a) of such title is amended by adding at the end the following new paragraph: ``(13) Primary and preventive health-care services for women.''. (c) Definition.--Section 1072 of such title is amended by adding at the end the following new paragraph: ``(6) The term `primary and preventive health-care services for women' means health-care services provided to women, including counseling, relating to the following: ``(A) Papanicolaou tests (pap smear). ``(B) Breast examinations and mammography. ``(C) Comprehensive reproductive health care, including care related to pregnancy. ``(D) Infertility and sexually transmitted diseases, including prevention. ``(E) Menopause. ``(F) Physical or psychological conditions arising out of acts of sexual violence.''. SEC. 102. REPORT ON THE PROVISION OF HEALTH-CARE SERVICES TO WOMEN. (a) Report Required.--The Secretary of Defense shall prepare a report evaluating the provision of health-care services through military medical treatment facilities and the Civilian Health and Medical Program of the Uniformed Services to female members of the uniformed services and female covered beneficiaries eligible for health care under chapter 55 of title 10, United States Code. (b) Contents.--The report required by subsection (a) shall contain the following: (1) A description of the medical personnel of the Department of Defense who provided health-care services during fiscal year 1993 to female members and covered beneficiaries, including-- (A) the number of such personnel (including both the number of individual employees and the number of full-time employee equivalents); (B) the professional qualifications or specialty training of such personnel; and (C) the medical facilities to which such personnel were assigned. (2) A description of any actions, including the use of special pays and incentives, taken by the Secretary during fiscal year 1993-- (A) to ensure the retention of the medical personnel described in paragraph (1); (B) to recruit additional personnel to provide health-care services to female members and female covered beneficiaries; and (C) to replace departing personnel who provided such services. (3) A description of any existing or proposed programs to encourage specialization of health care professionals in fields related to primary and preventive health-care services for women. (4) An assessment of any difficulties experienced by military medical treatment facilities or the Civilian Health and Medical Program of the Uniformed Services in furnishing primary and preventive health-care services for women and a description of those actions taken by the Secretary to resolve such difficulties. (5) An assessment of the extent to which gender-related factors impede or complicate diagnoses (such as inappropriate psychiatric referrals and admissions) made by medical personnel described in paragraph (1). (6) A description of the actions taken by the Secretary to foster and encourage the expansion of research relating to health care issues of concern to female members of the uniformed services and female covered beneficiaries. (c) Population Study of the Need of Female Members and Female Covered Beneficiaries for Health-Care Services.--(1) As part of the report required by subsection (a), the Secretary shall conduct a study to determine the needs of female members of the uniformed services and female covered beneficiaries for health-care services, including primary and preventive health-care services for women. (2) The study shall examine the health needs of current members and covered beneficiaries and future members and covered beneficiaries based upon the anticipated size and composition of the Armed Forces in the year 2000 and should be based on the demographics of society as a whole. (d) Submission and Revision.--The Secretary of Defense shall submit the report required by subsection (a) to Congress not later than April 1, 1994. The Secretary shall revise and resubmit the report to Congress not later than April 1, 1999. (e) Definitions.--For purposes of this section: (1) The term ``primary and preventive health care services for women'' has the meaning given such term in paragraph (6) of section 1072 of title 10, United States Code, as added by section 101(c)). (2) The term ``covered beneficiary'' has the meaning given such term in paragraph (5) of such section. TITLE II--WOMEN'S HEALTH RESEARCH SEC. 201. DEFENSE WOMEN'S HEALTH RESEARCH CENTER. (a) Establishment of the Center.--The Secretary of Defense shall establish a Defense Women's Health Research Center (hereinafter in this section referred to as the ``Center'') in the Department of the Army. The Center shall be under the authority of the Army Health Services Command. (b) Purposes.--(1) The Center shall be the coordinating agent for multidisciplinary and multiinstitutional research within the Department of Defense on women's health issues related to service in the Armed Forces. The Center shall be dedicated to development and application of new knowledge, procedures, techniques, training, and equipment for the improvement of the health of women in the Armed Forces. (2) In carrying out or sponsoring research studies, the Center shall provide that the cohort of women in the Armed Forces shall be considered as a control groups. (3) The Center shall support the goals and objectives recognized by the Department of Defense under the plan of the Department of Health and Human Services designated as ``Healthy People 2000''. (4) The Center shall support initiation and expansion of research into matters relating to women's health in the military, including the following matters as they relate to women in the military: (A) Combat stress and trauma. (B) Exposure to toxins and other environmental hazards associated with military hardware. (C) Psychology related stresses in warfare situations. (D) Breast cancer. (E) Reproductive health, including pregnancy. (F) Gynecological cancers. (G) Infertility and sexually transmitted diseases. (H) HIV and AIDS. (I) Mental health, including post-traumatic stress disorder and depression. (J) Menopause, osteoporosis, Alzheimer's disease, and other conditions and diseases related to aging. (K) Substance abuse. (L) Sexual violence and related trauma. (M) Human factor studies related to women in combat. (c) Preparation of a Plan.--The Secretary of Defense, acting through the Secretary of the Army and in coordination with the other military departments, shall prepare a plan for the implementation of this section. The plan shall be submitted to the Committees on Armed Services of the Senate and House of Representatives before May 1, 1994. (d) Requirements Relating to Establishment of Center.--(1) The Secretary shall provide for the establishment of the Center at an existing Army facility. (2) The Center may be established only at a facility having the following characteristics: (A) A physical plant immediately available to serve as headquarters for the medical activities to be carried out by the Center. (B) Ongoing fellowship and residency programs colocated with ongoing collaborative health-related and interdisciplinary research of (i) a facility of the Department of Veterans Affairs, (ii) an accredited university with specialties in medical research and clinical diagnostics, and (iii) a hospital owned and operated by a municipality. (C) A technologically modern laboratory capability at the site and at the affiliated sites referred to in subparagraph (B), with the capability to include state-of-the-art clinical diagnostic instrumentation, data processing, telecommunication, and data storage systems. (D) Compatibility with and capability to effectively expand its existing mission in accordance with the mission of the Center under this section. (E) Maximum multi-State geographic jurisdiction to permit regional health-related issues to be researched and integrated into national military databases. (F) An existing relationship for the provision of services to Native Americans through the Indian Health Service. (e) Activities for Fiscal Year 1994.--During fiscal year 1994, the Center shall address the following: (1) Program planning, infrastructure development, baseline information gathering, technology infusion, and connectivity. (2) Management and technical staffing. (3) Data base development of health issues related to service on active duty as compared to service in the National Guard or Reserves. (4) Research protocols, cohort development, health surveillance and epidemiologic studies. SEC. 202. CONTINUATION OF ARMY BREAST CANCER RESEARCH PROGRAM. During fiscal year 1994, the Secretary of the Army shall continue the breast cancer research program established in the second and third provisos in the paragraph in title IV of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1890) under the heading ``Research, Development, Test, and Evaluation, Army'' . SEC. 203. INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH PROJECTS. (a) General Rule.--In conducting or supporting clinical research, the Secretary of Defense shall ensure that-- (1) women who are members of the Armed Forces are included as subjects in each project of such research; and (2) members of minority groups who are members of the Armed Forces are included as subjects of such research. (b) Waiver Authority.--The requirement in subsection (a) regarding women and members of minority groups who are members of the Armed Forces may be waived by the Secretary of Defense with respect to a project of clinical research if the Secretary determines that the inclusion, as subjects in the project, of women and members of minority groups, respectively-- (1) is inappropriate with respect to the health of the subjects; (2) is inappropriate with respect to the purpose of the research; or (3) is inappropriate under such other circumstances as the Secretary of Defense may designate. (c) Requirement for Analysis of Research.--In the case of a project of clinical research in which women or members of minority groups will under subsection (a) be included as subjects of the research, the Secretary of Defense shall ensure that the project is designed and carried out so as to provide for a valid analysis of whether the variables being tested in the research affect women or members of minority groups, as the case may be, differently than other persons who are subjects of the research. SEC. 204. REPORT ON RESEARCH RELATING TO FEMALE MEMBERS OF THE UNIFORMED SERVICES AND FEMALE COVERED BENEFICIARIES. Not later than July 1 of each of 1995, 1996, and 1997, the Secretary of Defense shall submit to Congress a report containing-- (1) a description (as of May 31 of the year in which the report is submitted) of the status of any health research that is being carried out by or under the jurisdiction of the Secretary relating to female members of the uniformed services and female covered beneficiaries under chapter 55 of title 10, United States Code; and (2) recommendations of the Secretary as to future health research (including a proposal for any legislation relating to such research) relating to such female members and covered beneficiaries. TITLE III--WOMEN'S HEALTH EDUCATION SEC. 301. WOMEN'S HEALTH CURRICULUM ADVISORY COMMITTEE. The Secretary of Defense shall establish at the F. Edward Hebert School of Medicine of the Uniformed Services University of the Health Sciences a women's health curriculum advisory committee to promote the comprehensive integration of women's health issues into the curriculum at the University. The committee shall include the surgeon general of each of the military departments and the dean of the School of Medicine. The committee shall be established by April 1, 1994.

TABLE OF CONTENTS: Title I: Women's Health Care Title II: Women's Health Research Title III: Women's Health Education Defense Women's Health Improvement Act of 1993 - Title I: Women's Health Care - Requires female members and former members of the armed forces who are entitled to medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to be furnished primary and preventive health care services for women as part of such care. Provides the same coverage for female dependents of members and former members of the armed forces. Directs the Secretary of Defense to prepare and submit to the Congress a report evaluating the provision of health care services through military medical treatment facilities and CHAMPUS to female members of the armed forces and female covered beneficiaries. Requires the Secretary to include a study to determine the needs of female members and dependents for health care services, including primary and preventive health care services for women. Title II: Women's Health Research - Directs the Secretary to establish a Defense Women's Health Research Center within the Department of the Army to be the coordinating agent for multidisciplinary and multiinstitutional research within the Department of Defense on women's health issues related to service in the armed forces. Directs the Secretary of the Army, during FY 1994, to continue the breast cancer research program as established under prior law. Directs the Secretary of Defense, in conducting or supporting clinical research, to ensure that women and minority group members of the armed forces are included as research subjects. Provides a waiver of such requirement. Directs the Secretary to submit three annual reports on research relating to female members and dependents within the armed forces. Title III: Women's Health Education - Directs the Secretary to establish at the F. Edward Hebert School of Medicine of the Uniformed Services University of the Health Sciences a women's health curriculum advisory committee to promote the comprehensive integration of women's health issues into the curriculum.

Defense Women's Health Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Claims Act of 1994''. SEC. 2. ADJUDICATION OF CLAIMS. (a) Certain Claims Within the Jurisdiction of UN Commission.--The United States Commission is authorized to receive and determine the validity and amounts of any claims referred to it by the Secretary of State with respect to which the United States has received lump-sum payments from the United Nations Commission. (b) Other Claims Against Iraq.--The United States Commission is authorized to receive and determine the validity and amounts of any claims by nationals of the United States against the Government of Iraq that are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission. (c) Decision Rules.--In deciding claims under subsection (a) or (b), the United States Commission shall apply, in the following order-- (1) in the case of claims under subsection (a), relevant decisions of the United Nations Security Council and the United Nations Commission; (2) applicable substantive law, including international law; and (3) applicable principles of justice and equity. (d) Priority Claims.--Before deciding any other claim against the Government of Iraq, the United States Commission shall, to the extent practical, decide all pending non-commercial claims of members of the United States Armed Forces and other individuals arising out of Iraq's invasion and occupation of Kuwait or out of the 1987 attack on the USS Stark. (e) Applicability of International Claims Settlement Act.--To the extent they are not inconsistent with the provisions of this Act, the provisions of title I (other than section 2(c)) and title VII of the International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and 1645-1645o) shall apply with respect to claims under this Act and the funds established pursuant to sections 3(a) and 3(c). SEC. 3. CLAIMS FUNDS. (a) UN Commission Claims Funds.--The Secretary of the Treasury is authorized to establish in the Treasury of the United States one or more funds (hereinafter in this Act referred to as the ``UN Commission Claims Funds'') for payment of claims under section 2(a). The Secretary of the Treasury shall cover into the UN Commission Claims Funds such amounts as are allocated to such funds pursuant to subsection (b)(1). (b) Allocation of Funds Received From UN Commission.--The Secretary of State shall allocate funds received by the United States from the United Nations Commission, in the manner the Secretary determines appropriate, between-- (1) the UN Commission Claims Funds; and (2) funds established under the authority of the paragraphs under the heading ``TRUST FUNDS'' in the Act entitled ``An Act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven'', approved February 26, 1896 (22 U.S.C. 2668a). (c) Iraq Claims Fund.--The Secretary of the Treasury is authorized to establish in the Treasury of the United States a fund (hereinafter in this Act referred to as the ``Iraq Claims Fund'') for payment of claims under section 2(b). The Secretary of the Treasury shall cover into the Iraq Claims Fund such amounts as are allocated to such fund pursuant to subsection (d). (d) Allocation of Proceeds From Iraqi Asset Liquidatation.-- (1) In general.--The President shall allocate funds resulting from the liquidation of assets pursuant to section 4 in the manner the President determines appropriate between the Iraq Claims Fund and such other accounts as are appropriate for the payment of claims of the United States Government, subject to the limitation in paragraph (2). (2) Limitation.--The amount allocated pursuant to this subsection for payment of claims of the United States Government may not exceed the amount which bears the same relation to the amount allocated to the Iraq Claims Fund pursuant to this subsection as the sum of all certified claims of the United States Government bears to the sum of all claims certified under section 2(b). As used in this paragraph, the term ``certified claims of the United States Government'' means those claims of the United States Government which are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission and which are determined to be valid, and whose amount has been certified, under such procedures as the President may establish. SEC. 4. AUTHORITY TO VEST IRAQI ASSETS. The President is authorized to vest and liquidate as much of the assets of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may be necessary to satisfy claims under section 2(b), as well as claims of the United States Government against Iraq which are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission. SEC. 5. REIMBURSEMENT FOR EXPENSES OF PROGRAM ADMINISTRATION. (a) Deduction.--In order to reimburse the United States Government for its expenses in administering the Iraq claims program and this Act, the Secretary of the Treasury shall deduct-- (1) 1.5 percent of any amount covered into the UN Commission Claims Funds or the Iraq Claims Fund; and (2) 1.5 percent of any amount the Secretary of State receives from the United Nations Commission that is not covered into the UN Commission Claims Funds and that is not in payment of a claim of the United States Government. (b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted pursuant to subsection (a) shall be deposited in the Treasury of the United States as miscellaneous receipts. SEC. 6. PAYMENTS. (a) In General.--The United States Commission shall certify to the Secretary of the Treasury each award made pursuant to section 2. The Secretary of the Treasury shall make payment, out of the appropriate fund established pursuant to section 3(a) or 3(c), in the following order of priority to the extent funds are available in such fund: (1) Payment of $10,000 or the principal amount of the award, whichever is less. (2) For each claim that has priority under section 2(d), payment of a further $90,000 toward the unpaid balance of the principal amount of the award. (3) Payments from time to time in ratable proportions on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the appropriate claims fund that is available for distribution at the time such payments are made. (4) After payment has been made of the principal amounts of all such awards, pro rata payments on account of accrued interest on such awards as bear interest. (5) After payment has been made in full of all the awards payable out of a fund established pursuant to section 3(a) or 3(c), any funds remaining in that fund shall be transferred to the other claims fund established pursuant to section 3(a) or 3(c), except that any funds received by the United States from the United Nations Commission shall be so transferred only to the extent not inconsistent with requirements of the United Nations Commission. (b) Unsatisfied Claims.--Payment of any award made pursuant to this Act shall not extinguish any unsatisfied claim, or be construed to have divested any claimant, or the United States on his or her behalf, of any rights against the Government of Iraq with respect to any unsatisfied claim. SEC. 7. RECORDS. (a) Transfer to Commission.--The head of any Executive agency may transfer or otherwise make available to the United States Commission such records and documents relating to claims authorized to be adjudicated by this Act as may be required by the United States Commission in carrying out its functions under this Act. (b) Public Disclosure.--Section 552 of title 5 of the United States Code (commonly referred to as the ``Freedom of Information Act'') shall not apply with respect to records that, as determined by the Secretary of State, are required under the rules and decisions of the United Nations Commission to be withheld from public disclosure. SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS. (a) Statute of Limitations.--Any demand or claim for payment on account of an award that is certified under the Iraq claims program shall be barred one year after the publication date of the notice required by subsection (b). (b) Publication of Notice.-- (1) In general.--At the end of the 9-year period specified in paragraph (2), the Secretary of the Treasury shall publish a notice in the Federal Register detailing the statute of limitations provided for in subsection (a) and identifying the claim numbers and awardee names of unpaid certified claims. (2) Publication date.--The notice required by paragraph (1) shall be published 9 years after the latter of-- (A) the last date on which the Secretary of the Treasury covers into any of the UN Commission Claims Funds, or into any fund described in section 3(b)(2), amounts allocated to that fund pursuant to section 3(b); or (B) the last date on which the Secretary of the Treasury covers into the Iraq Claims Fund amounts allocated to that fund pursuant to section 3(d). (c) Disposition of Unused Funds.-- (1) Disposition.--At the end of the 2-year period beginning on the publication date of the notice required by subsection (b), the Secretary of the Treasury shall dispose of all unused funds described in paragraph (2) as follows: (A) By making additional payments pursuant to the Iraq claims program. (B) By depositing in the Treasury of the United States as miscellaneous receipts any such funds that are not used for such additional payments. (2) Unused funds.--The unused funds referred to in paragraph (1) are-- (A) any remaining balance in the UN Commission Claims Funds or in the Iraq Claims Fund, including the amount of any unpaid certified claim under the Iraq claims program; and (B) any remaining balance in any fund referred to in section 3(b)(2) to the extent such balance reflects amounts deposited pursuant to that section. SEC. 9. DEFINITIONS. As used in this Act-- (1) the term ``Government of Iraq'' includes agencies, instrumentalities, and controlled entities (including public sector enterprises) of that government; (2) the term ``Executive agency'' has the meaning given that term by section 105 of title 5, United States Code; (3) the term ``Iraq claims program'' means the claims whose adjudication is provided for in this Act and any other claims that are within the jurisdiction of the United Nations Commission; (4) the term ``United Nations Commission'' means the United Nations Compensation Commission established pursuant to United Nations Security Council Resolution 687 (1991); and (5) the term ``United States Commission'' means the Foreign Claims Settlement Commission of the United States. SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES OF INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF IRAQ DURING THE PERSIAN GULF CONFLICT. (a) Statement of Policy.--It is the sense of the Congress that individuals who have served in the armed forces of Iraq during the Persian Gulf conflict should not be admitted to the United States as refugees under the Immigration and Nationality Act except in exceptional circumstances. (b) Persian Gulf Conflict Defined.--For purposes of this section, the term ``Persian Gulf conflict'' means the period beginning on August 2, 1990, and ending on February 27, 1991. SEC. 11. HUMANITARIAN ASSISTANCE. (a) Findings.--The Congress finds that-- (1) Saddam Hussein has been condemned by the international community for his unwillingness to take the steps necessary to provide for the basic humanitarian needs of the Iraqi people; (2) dire shortages of food, medicine, and basic medical supplies (including insulin, anesthetics, and antibiotics) have resulted in a continuing humanitarian disaster in Iraq, including massive human suffering and the death of hundreds of thousands of innocent Iraqi civilians during the past 4 years; (3) this humanitarian tragedy is occurring throughout Iraq; (4) the United States has a long history of providing humanitarian assistance to alleviate human suffering in many parts of the world; and (5) the United States Agency for International Development has the authority under chapter 9 of part I of the Foreign Assistance Act of 1961 (relating to international disaster assistance) and other provisions of law to provide assistance to address humanitarian needs throughout Iraq. (b) Statement of Congressional Policy.--It is the sense of the Congress that-- (1) the United States should immediately provide additional humanitarian assistance, particularly medicine and medical supplies, to alleviate the humanitarian disaster throughout Iraq; (2) such assistance should be provided through independent nongovernmental organizations and through international organizations so that this desperately need assistance can reach all areas of need, in particular those outside the United Nations protected areas; and (3) the costs of such assistance should be reimbursed from any available Iraqi resources, including the Iraqi assets that have been blocked pursuant the International Emergency Economic Powers Act so long as such reimbursement does not reduce the amount paid on those priority claims of members of the United States Armed Forces and others described in section 2(d) of this Act and does not delay payment on those claims. SEC. 12. PROSECUTION OF SADDAM HUSSEIN AND OTHER MEMBERS OF THE IRAQI GOVERNMENT FOR WAR CRIMES. (a) Findings.--The Congress finds that-- (1) as ordered by Saddam Hussein, Iraq engaged in unprovoked aggression in its conquest and occupation of Kuwait; (2) the Iraqi occupation force treated Kuwaiti citizens barbarously; (3) Saddam Hussein used American and European civilians as ``human shields'' in an attempt to protect strategic facilities throughout Iraq and directed that captured American and allied prisoners of war be used for the same purposes; (4) Saddam Hussein ordered his military to launch missile attacks against innocent civilians in Israel and Saudi Arabia; and (5) former President Bush and President Clinton rightly warned Saddam Hussein and Iraqi Government officials that they would be held responsible for any abuses they have caused. (b) Establishment of Tribunal.--The Congress urges the President to request the United Nations to establish a tribunal to charge Saddam Hussein and other responsible Iraqi Government officials for war crimes, acts of aggression, and crimes against humanity they have committed. Passed the House of Representatives April 28, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Iraq Claims Act of 1994 - Authorizes the Foreign Claims Settlement Commission to receive and determine the validity and amounts of any claims: (1) with respect to which the United States has received lump-sum payments from the United Nations Compensation Commission (UNCC); and (2) of U.S. nationals against Iraq that are determined to be outside the UNCC's jurisdiction. (Sec. 2) Requires the Commission, in deciding such claims, to apply, in the following order: (1) relevant decisions of the United Nations Security Council and the UNCC; (2) applicable substantive law; and (3) principles of justice and equity. Directs the Commission to decide all pending non-commercial claims of members of the armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait or out of the 1987 attack on the USS Stark before deciding any other claim. Applies titles I and VII of the International Claims Settlement Act of 1949 to claims under this Act. (Sec. 3) Authorizes the Secretary of the Treasury to establish in the Treasury: (1) UN Commission Claims Funds composed of amounts transferred by the Secretary of State pursuant to this Act; and (2) the Iraq Claims Fund composed of amounts allocated by the President from liquidated assets of the Iraqi Government. Authorizes the President to vest and liquidate as much of the assets of the Iraqi Government in the United States that have been blocked pursuant to the International Emergency Economic Powers Act as necessary to satisfy claims of U.S. nationals or the U.S. Government that are outside the UNCC's jurisdiction. (Sec. 6) Sets forth payment and recordkeeping requirements. (Sec. 8) Requires the Secretary of the Treasury to publish a notice of the statute of limitations on unpaid certified claims nine years after the last date on which the Secretary covers funds into the UN Commission Claims Funds or the Iraq Claims Fund. Bars demands for payments on such claims one year after the publication of such notice. (Sec. 10) Expresses the sense of the Congress that individuals who served in the armed forces of Iraq during the Persian Gulf conflict should not be admitted to the United States as refugees under the Immigration and Nationality Act, except in exceptional circumstances, until all certified claims by U.S. nationals outside the UNCC's jurisdiction have been paid in full. (Sec. 11) Expresses the sense of the Congress that: (1) the United States should immediately provide humanitarian assistance to alleviate the disaster in Iraq; and (2) such assistance should be reimbursed from any available Iraqi resources so long as such reimbursement does not delay or reduce amounts paid on priority claims of members of the armed forces and others. (Sec. 12) Urges the President to request the United Nations to establish a tribunal to charge Saddam Hussein and other Iraqi Government officials for war crimes, acts of aggression, and crimes against humanity.

Iraq Claims Act of 1994

SECTION 1. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000. (a) Secure Payments for States and Counties Containing Federal Land.-- (1) Secure payments.-- (A) In general.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended, in subsections (a) and (b), by striking ``2015'' each place it appears and inserting ``2017''. (B) Special rule for fiscal year 2016 payments.-- Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended by adding at the end the following: ``(d) Special Rule for Fiscal Year 2016 Payments.-- ``(1) State payment.--If an eligible county in a State that will receive a share of the State payment for fiscal year 2016 has already received, or will receive, a share of the 25- percent payment for fiscal year 2016 distributed to the State before the date of enactment of this subsection, the amount of the State payment shall be reduced by the amount of the share of the eligible county of the 25-percent payment. ``(2) County payment.--If an eligible county that will receive a county payment for fiscal year 2016 has already received a 50-percent payment for fiscal year 2016, the amount of the county payment shall be reduced by the amount of the 50- percent payment. ``(3) Prompt payment.--Not later than 45 days after the date of enactment of this subsection, the Secretary of the Treasury shall make all payments under this title for fiscal year 2016.''. (2) Payments to states and counties.-- (A) Election to receive payment amount.--Section 102(b) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7112(b)) is amended-- (i) in paragraph (1), by striking subparagraph (C) and inserting the following: ``(C) Payments for fiscal years 2014 through 2017.--The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2014 through 2017.''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by striking ``fiscal years 2014 and 2015'' and inserting ``each of fiscal years 2014 through 2017''; and (II) in subparagraph (B), by striking ``2015'' and inserting ``2017''. (B) Expenditure rules for eligible counties.-- Section 102(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is amended-- (i) in paragraph (1), by striking subparagraph (E) and inserting the following: ``(E) Payments for fiscal years 2014 through 2017.--The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2013, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for each of fiscal years 2014 through 2017.''; and (ii) in paragraph (3)-- (I) in subparagraph (B)(ii), by striking ``purpose described in section 202(b)'' and inserting ``purposes described in section 202(b), section 203(c), or section 204(a)(5)''; and (II) by striking subparagraph (C) and inserting the following: ``(C) Payments for fiscal years 2014 through 2017.--This paragraph does not apply for each of fiscal years 2014 through 2017.''. (C) Treatment as supplemental funding.--Section 102 of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7112) is amended by adding at the end the following: ``(f) Treatment as Supplemental Funding.--None of the funds made available to an eligible county under this Act may be used in lieu of, or to otherwise offset, a State funding source for a local school, facility, or educational purpose.''. (D) Distribution of payments to eligible counties.--Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2015'' and inserting ``2017''. (b) Continuation of Authority To Conduct Special Projects on Federal Land.-- (1) Repeal of contracting pilot program.--Section 204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3). (2) Resource advisory committees.--Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place it appears and inserting ``2017''. (3) Availability of project funds.--Section 207(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B)(i), (B)(ii),''. (4) Termination of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2017'' and inserting ``2019''; and (B) in subsection (b), by striking ``2018'' and inserting ``2020''. (c) Termination of Authority.--Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended-- (1) in subsection (a), by striking ``2017'' and inserting ``2019''; and (2) in subsection (b), by striking ``2018'' and inserting ``2020''. (d) Offset.--It is the sense of the House of Representatives that the costs of carrying out this section and the amendments made by this section will be offset.

This bill extends the Secure Rural Schools and Community Self-Determination Act of 2000 through FY2017, including provisions concerning secure payments to eligible states, territories, and counties containing federal land. The bill: (1) sets forth special rules for state and county payments for FY2016, and (2) requires all FY2016 payments to be made within 45 days of enactment of this bill. No funds made available to eligible counties under such Act may be used in lieu of, or to otherwise offset, a state funding source for a local school, facility, or educational purpose. The merchantable timber contracting pilot program is repealed. The bill extends through FY2019 the authority under such Act to initiate special projects on such federal lands and certain county activities.

To extend the Secure Rural Schools and Community Self-Determination Act of 2000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vermont Wilderness Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (2) State.--The term ``State'' means the State of Vermont. TITLE I--DESIGNATION OF WILDERNESS AREAS SEC. 101. DESIGNATION. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Certain Federal land managed by the United States Forest Service, comprising approximately 28,491 acres, as generally depicted on the map entitled ``Glastenbury Wilderness--Proposed'', dated March 2006, which shall be known as the ``Glastenbury Wilderness''. (2) Certain Federal land managed by the United States Forest Service, comprising approximately 12,437 acres, as generally depicted on the map entitled ``Joseph Battell Wilderness--Proposed'', dated March 2006, which shall be known as the ``Joseph Battell Wilderness''. (3) Certain Federal land managed by the United States Forest Service, comprising approximately 4,223 acres, as generally depicted on the map entitled ``Breadloaf Wilderness Additions--Proposed'', dated March 2006, which shall be known as the ``Breadloaf Wilderness''. (4) Certain Federal land managed by the United States Forest Service, comprising approximately 2,171 acres, as generally depicted on the map entitled ``Lye Brook Wilderness Additions--Proposed'', dated March 2006, which shall be known as the ``Lye Brook Wilderness''. (5) Certain Federal land managed by the United States Forest Service, comprising approximately 797 acres, as generally depicted on the map entitled ``Peru Peak Wilderness Additions--Proposed'', dated March 2006, which shall be known as the ``Peru Peak Wilderness''. (6) Certain Federal land managed by the United States Forest Service, comprising approximately 42 acres, as generally depicted on the map entitled ``Big Branch Wilderness Additions--Proposed'', dated March 2006, which shall be known as the ``Big Branch Wilderness''. SEC. 102. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by section 101 with-- (1) the Committee on Resources of the House of Representatives; (2) the Committee on Agriculture of the House of Representatives; and (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (b) Force of Law.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 103. ADMINISTRATION. (a) Administration.--Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this section shall be administered by the Secretary in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Fish and Wildlife.--Nothing in this title affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State, including the stocking of fish in-- (1) lakes and ponds in the State that the State has historically stocked; and (2) rivers and streams in the State to support the Connecticut River Atlantic Salmon Restoration Program. (c) Trails.-- (1) In general.--The Forest Service shall permit the use of minimum tools and traditional, trail-specific methods to mark and maintain-- (A) the Appalachian National Scenic Trail; (B) the Long Trail; (C) the Catamount Trail; and (D) associated trails and structures of the Trails specified in this subsection, as generally depicted on the map entitled ``Trails within the Green Mountain National Forest Wilderness Areas'' and dated April 2006. (2) Catamount trail relocation and completion.--For the segment of the Catamount Trail that is located in the Lye Brook Wilderness, the Secretary-- (A) may waive the requirements described in paragraph (1); and (B) shall assist the efforts of the Catamount Trail Association to relocate and complete the construction of the Catamount Trail. TITLE II--MOOSALAMOO NATIONAL RECREATION AREA SEC. 201. DESIGNATION. Certain Federal land managed by the United States Forest Service, comprising approximately 16,890 acres, as generally depicted on the map entitled ``Moosalamoo National Recreation Area--Proposed'', dated March 2006, are designated as the ``Moosalamoo National Recreation Area''. SEC. 202. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the national recreation area designated by section 201 with-- (1) the Committee on Resources of the House of Representatives; (2) the Committee on Agriculture of the House of Representatives; and (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (b) Force of Law.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 203. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) In General.--Subject to valid rights existing on the date of enactment of this Act, the Secretary shall administer the Moosalamoo National Recreation Area in accordance with-- (1) laws (including rules and regulations) applicable to units of the National Forest System; and (2) the objectives described or specified in the Green Mountain National Forest Land and Resource Management Plan-- (A) to provide a showcase for multiple use management of the National Forest System; (B) to provide outstanding educational and interpretation opportunities in the areas of ecological processes and forest management; (C) to provide for public enjoyment of the area for outdoor recreation and other benefits; and (D) to manage for the other resource values present in the Area, in a manner that does not impair the public recreation values and other special attributes of the Area. (b) Fish and Wildlife.--Nothing in this title affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State. (c) Escarpment and Ecological Areas.--Nothing in this title prevents the Secretary from managing the Green Mountain Escarpment Management Area and the Ecological Special Areas, as described in the Green Mountain National Forest Land and Resource Management Plan. (d) Comprehensive Management Plan.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall develop and submit a comprehensive management plan for the Area designated by section 201 of this title to-- (A) the Committee on Resources of the House of Representatives; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) Administration.--In conducting the reviews and preparing the comprehensive management plan required by paragraph (1), the Secretary shall-- (A) provide for full public participation; and (B) consider the views of interested agencies, organizations, and individuals.

Vermont Wilderness Act of 2006 - Designates as wilderness areas and components of the National Wilderness Preservation System certain lands in Vermont to be known as the Glastenbury Wilderness, Joseph Battell Wilderness, Breadloaf Wilderness, Lye Brook Wilderness, Peru Peak Wilderness, and Big Branch Wilderness. Designates specified federal land as the Moosalamoo National Recreation Area. Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to develop and submit to specified congressional committees a comprehensive management plan for the Area.

A bill to designate certain National Forest System land in the State of Vermont for inclusion in the National Wilderness Preservation system and designate a National Recreation Area.

SECTION 1. RELEASE OF PRODUCTS FROM NORTHEAST HOME HEATING OIL RESERVE ACCOUNT. Section 183 of the Energy Policy and Conservation Act (42 U.S.C. 6250b) is amended by striking subsection (a) and inserting the following: ``(a) Findings.-- ``(1) Optional releases.-- ``(A) In general.--Subject to paragraph (2), the Secretary may sell products from the Reserve only on a finding by the President that-- ``(i) there is a severe energy supply interruption; or ``(ii) the price of home heating oil threatens the health and safety of residents of the Northeast. ``(B) Requirement.--The President may make a finding under subparagraph (A) only if the President determines that-- ``(i) a dislocation in the heating oil market has resulted from an interruption described in subparagraph (A)(i); ``(ii) the price of home heating oil has increased by such an extent that the Northeast is experiencing, or will experience, an emergency situation that threatens the safety and health of residents of the Northeast; or ``(iii)(I) a circumstance (other than a circumstance described in clause (i) or (ii)) exists that constitutes a regional supply shortage of significant scope and duration; and ``(II) action taken under this section would assist directly and significantly in reducing the adverse impact of the shortage. ``(2) Mandatory releases.-- ``(A) In general.--For each fiscal year, the Secretary shall sell-- ``(i) 20 percent of the quantity of products in the Reserve as of November 1 of that fiscal year, on a finding by the President that the average retail price of No. 2 heating oil in the Northeast (as reported in the retail price data of the Energy Information Administration for the Northeast) is equal to or more than $4.00 per gallon (in 2008 dollars) on November 1 of that fiscal year; ``(ii) 20 percent of the quantity of products in the Reserve as of November 1 of that fiscal year, on a finding by the President that the average retail price of No. 2 heating oil in the Northeast (as so reported) is equal to or more than $4.00 per gallon (in 2008 dollars) on December 1 of that fiscal year; ``(iii) 20 percent of the quantity of products in the Reserve as of November 1 of that fiscal year, on a finding by the President that the average retail price of No. 2 heating oil in the Northeast (as so reported) is equal to or more than $4.00 per gallon (in 2008 dollars) on January 1 of that fiscal year; ``(iv) 20 percent of the quantity of products in the Reserve as of November 1 of that fiscal year, on a finding by the President that the average retail price of No. 2 heating oil in the Northeast (as so reported) is equal to or more than $4.00 per gallon (in 2008 dollars) on February 1 of that fiscal year; and ``(v) 20 percent of the quantity of products in the Reserve as of November 1 of that fiscal year, on a finding by the President that the average retail price of No. 2 heating oil in the Northeast (as so reported) is equal to or more than $4.00 per gallon (in 2008 dollars) on March 1 of that fiscal year. ``(B) Use of revenue.--The Secretary shall use any revenue derived from the sale of products in the Reserve under subparagraph (A) to provide assistance to low-income consumers of heating oil under the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.).''.

Amends the Energy Policy and Conservation Act to revise requirements for the sale by the Secretary of Energy of products from the Northeast Home Heating Oil Reserve. Authorizes the Secretary to sell from the Reserve if the President finds that: (1) there is a severe energy supply interruption (as under existing law); or (2) the price of home heating oil threatens the health and safety of residents of the Northeast. Requires the Secretary to sell specified percentages of the quantity of products in the Reserve as of November 1 of a fiscal year if the President finds that, on successive monthly winter dates of the same fiscal year, the average retail price of No.2 heating oil in the Northeast is equal to or more than $4.00 per gallon (in 2008 dollars). Requires the Secretary to use any revenue derived from such sales to provide assistance to low-income consumers of heating oil under the Weatherization Assistance Program for Low-Income Persons of the Energy Conservation and Production Act.

A bill to amend the Energy Policy and Conservation Act to modify the conditions for the release of products from the Northeast Home Heating Oil Reserve Account, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona Land Preservation and Management Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) As Arizona growth patterns have emerged and various public uses of unique land resource values have been established, the existing Federal and State land ownership patterns present the Federal Government and the government of Arizona with difficult land management situations. (2) Federal land management programs in Arizona require the use of State trust lands in many areas, and there are Federal lands in other areas in Arizona that are suitable for the revenue generation mission of the State trust lands. (b) Purpose.--The purpose of this Act is to assist implementation of the Arizona Preserve Initiative plan and improve manageability of Federal public lands and State trust lands in Arizona, by-- (1) directing the Secretary of the Interior to acquire certain State trust lands in Arizona by eminent domain, with the consent of the State, and to compensate the State for the State trust lands so acquired with certain Federal public lands of equal value which are acceptable to the State; and (2) providing for management of the acquired lands as part of other existing areas of Federal lands. SEC. 3. DEFINITIONS. In this Act: (1) Arizona preserve initiative plan.--The term ``Arizona Preserve Initiative plan'' means the project undertaken by the State of Arizona in 1995 to find ways to preserve and protect environmentally sensitive State trust lands through conservation leases and sales to State and local governments and conservation organizations and through eminent domain transfers to the Federal Government. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Arizona. (4) State trust lands.--The term ``State trust lands'' means lands granted to the State of Arizona under sections 24 and 25 of the Act of June 20, 1910 (chapter 310; 36 Stat. 572 et seq.). SEC. 4. ACQUISITION OF STATE TRUST LANDS IN ARIZONA BY EMINENT DOMAIN. (a) In General.--The Secretary shall-- (1) by eminent domain, with the consent of the State, acquire the State trust lands described in subsection (b); and (2) manage the lands acquired from the State of Arizona in accordance with this Act. (b) State Trust Lands Described.--The State trust lands referred to in subsection (a) are the following, as generally depicted on the map described in subsection (c): (1) All State trust lands in the Lake Mead National Recreation Area, Saguaro National Park, and Organ Pipe Cactus National Monument, which shall be managed by the National Park Service. (2) All State trust lands and reserved mineral estate in designated Wilderness Areas, which shall be managed by the Bureau of Land Management. (3) All State trust lands in the Buenos Aires National Wildlife Refuge, which shall be managed by the United States Fish and Wildlife Service. (4) State trust lands in the McDowell Mountains in Maricopa County, Arizona, which shall be managed under programs of the Bureau of Land Management. (5) State trust lands in the vicinity of the Petrified Forest National Park, if the Congress authorizes the expansion of the Petrified Forest National Park to include these State trust lands. (6) State trust lands in the Coconino National Forest and in the vicinity of the Walnut Canyon National Monument that are suitable for management by the Forest Service. (7) State trust lands in the Baboquivari Mountain-Coyote Mountains area in Pima County, Arizona, which shall be managed by the Bureau of Land Management. (8) State trust lands in the Lake Pleasant-Black Canyon City-Wickenburg area in Maricopa County and Yavapai County, Arizona, which shall be managed by the Bureau of Land Management. (9) State trust lands in the Empire Cienega Resource Conservation Area and Mustang Mountains in Pima County and Santa Cruz County, Arizona, which shall be managed by the Bureau of Land Management. (10) State trust lands in the Newman Peak area in Pinal County, Arizona, which shall be managed by the Bureau of Land Management. (11) State trust lands in the Burro Creek area in Yavapai County, Arizona, which shall be managed by the Bureau of Land Management. (12) State trust lands in the Larned Landing and Parker Strip areas in Mohave County and La Paz County, Arizona, which shall be managed by the Bureau of Land Management. (13) State trust lands in the Gila Box and San Pedro Riparian National Conservation Areas, which shall be managed by the Bureau of Land Management. (14) State trust lands in the Mohave Mountains area in Mohave County, Arizona, which shall be managed by the Bureau of Land Management. (15) State trust lands in the Arizona Strip in Mohave County and Coconino County, Arizona, which shall be managed by the Bureau of Land Management. (16) State trust lands in the Aguila area of Maricopa County and La Paz County, Arizona, which shall be managed by the Bureau of Land Management. (17) State trust lands in the Rogers Lake area in the Coconino National Forest, which shall be managed by the Forest Service in accordance with section 9(a). (18) State trust lands in the Superstition Mountain area of Pinal County, Arizona, if the Congress authorizes the expansion of the Tonto National Forest to include these State trust lands. (19) State trust lands needed for the existing facilities at the Arizona National Memorial Cemetery, which shall be managed by the Veterans Administration in accordance with section 10. (20) State trust lands needed for the Kingman Burro Corral in Mohave County, Arizona, which shall be managed by the Bureau of Land Management. (21) Any other State trust lands the acquisition of which by the Secretary will-- (A) improve government land management by both the Federal Government and the State of Arizona; and (B) be consistent with Federal land management planning and the mission of the State trust lands. (c) Map Described.--The map referred to in subsection (b) is the map entitled ``Arizona Land Management Improvement'', dated February 1996. The Secretary shall keep such map on file and available for public inspection in the offices of the Arizona State Bureau of Land Management in Phoenix, Arizona, and of the Bureau of Land Management in the District of Columbia. SEC. 5. COMPENSATION. (a) In General.--As compensation for State trust lands acquired under this Act, the Secretary shall transfer to the State such areas of Federal lands described in subsection (b) as may be agreed to by the State and which are of equal value to the State trust lands acquired. (b) Federal Lands Described.--The Federal lands referred to in subsection (a) are the following, as generally depicted in the map described in subsection (d): (1) Federal lands under the administrative jurisdiction of the Secretary in the Bullhead City, Mohave Valley, Larned Landing, Havasu Springs, Kingman, Golden Valley, and Colorado City areas and the Interstate 40 and Interstate 5 corridors, in Mohave County, Arizona. (2) Federal lands under the administrative jurisdiction of the Secretary in the Butler Valley and Parker Strip areas and the Interstate 10 corridor, in La Paz County, Arizona. (3) Federal lands under the administrative jurisdiction of the Secretary in the Interstate 8 corridor in Yuma County, Arizona. (4) Federal lands under the administrative jurisdiction of the Secretary in the Phoenix, Buckeye, Rainbow Valley, Lake Pleasant, New River, and Wickenburg areas and the Interstate 8, 10, and 17 corridors, in Maricopa County, Arizona. (5) Federal lands under the administrative jurisdiction of the Secretary in the Lake Pleasant, Black Canyon City, and Prescott areas and Interstate 17 corridor, in Yavapai County, Arizona. (6) Federal lands in the Coconino National Forest under the administrative jurisdiction of the Secretary of Agriculture, in Coconino County, Arizona. (7) Federal lands under the administrative jurisdiction of the Secretary in the checkerboard land area of Navajo County, Arizona. (8) Federal lands under the administrative jurisdiction of the Secretary in checkerboard land area of Apache County, Arizona. (9) Federal lands under the administrative jurisdiction of the Secretary in the Tucson and Sasabe areas of Pima County, Arizona. (10) Federal lands under the administrative jurisdiction of the Secretary in the Sonoita area of Santa Cruz County, Arizona. (11) Federal lands under the administrative jurisdiction of the Secretary in the Interstate 8 corridor and other lands in Pinal County, Arizona. (12) Federal lands under the administrative jurisdiction of the Secretary in the Safford area of Graham County, Arizona. (13) Federal lands under the administrative jurisdiction of the Secretary in the Clifton, Morenci, and Duncan areas of Greenlee County, Arizona. (14) Federal lands under the administrative jurisdiction of the Secretary south of Interstate 10 in Cochise County, Arizona. (15) Any other Federal lands under the jurisdiction of the Secretary, the transfer of which to the State will-- (A) improve government land management by both the Federal Government and the State of Arizona; and (B) be consistent with Federal land management planning and the mission of the State trust lands. (c) Map Described.--The map referred to in subsection (b) is the map entitled ``Arizona Land Management Improvement--Possible Areas for Consideration'', dated February 1996. The Secretary shall keep such map on file and available for public inspection in the offices of the Arizona State Bureau of Land Management and of the Bureau of Land Management in the District of Columbia. (d) Value of Compensation.-- (1) In general.--The total value of Federal lands transferred to the State by the Secretary in acquiring lands from the State under this Act may not exceed the fair market value of the lands acquired. (2) Appraisals.--Notwithstanding any other law, the value of lands shall be determined for purposes of this Act in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, as published by the Department of Justice in 1992. SEC. 6. MANAGEMENT OF ACQUIRED LANDS BY BUREAU OF LAND MANAGEMENT. Lands acquired by the Secretary under this Act that are required by this Act to be managed by the Bureau of Land Management shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 7. ADDITION OF LANDS TO NATIONAL PARK SYSTEM. Lands acquired by the Secretary under this Act within the Saguaro National Park, Organ Pipe Cactus National Monument, and Lake Mead National Recreation Area that are required by this Act to be managed by the National Park Service shall be added to the National Park System and managed in accordance with the Act of August 25, 1916 (chapter 408; 16 U.S.C. 1 et seq.), popularly known as the National Park Service Organic Act, and other laws and regulations applicable to the National Park System. SEC. 8. ADDITION OF LANDS TO NATIONAL WILDLIFE REFUGE SYSTEM. Lands acquired by the Secretary under this Act that are required by this Act to be managed by the United States Fish and Wildlife Service shall be added to the National Wildlife Refuge System and managed in accordance with the National Wildlife Refuge System Administration Act of 1966. SEC. 9. ADDITION OF LANDS TO NATIONAL FOREST SYSTEM. Lands acquired by the Secretary under this Act that are in the Rogers Lake area shall be-- (1) transferred to the administrative jurisdiction of the Secretary of Agriculture; and (2) added to the Coconino National Forest and managed by the Secretary of Agriculture under the laws and regulations applicable to National Forest System lands. SEC. 10. ADDITION OF LANDS TO ARIZONA NATIONAL MEMORIAL CEMETERY. Lands acquired by the Secretary under this Act under section 4(b)(19) shall be-- (1) transferred to the administrative jurisdiction of the Secretary of Veterans Affairs; (2) added to the Arizona National Memorial Cemetery, located in Phoenix, Arizona; and (3) managed by the Secretary of Veterans Affairs in accordance with chapter 24 of title 38, United States Code, and other laws and regulations applicable to national cemeteries. SEC. 11. AUTHORIZATION FOR EXISTING USES OF ACQUIRED LANDS TO CONTINUE. Any use of lands acquired by the United States under this Act that was authorized to occur immediately before the enactment of this Act may continue until such time as the use is determined to be incompatible with the purposes for which the lands are required to be used under this Act. SEC. 12. REVOCATION OF RECLAMATION WITHDRAWALS WITH RESPECT TO BULLHEAD CITY PARCEL. (a) In General.--The order of the Secretary dated October 16, 1931, withdrawing lands for the Colorado River Storage Project, and the order of the Secretary dated May 29, 1933, withdrawing lands for Power Site Classification 272, are hereby revoked on the following lands under the administration of the National Park Service in Arizona in Township 21 North, Range 21 West, Gila and Salt River Base and Meridian: (1) In section 19, lot 4, SESW, S2SE. (2) In section 20, that portion of the S2 lying south of the centerline of State Highway 68. (3) In section 30, lots 1-3, W2NE, E2NW, NESW, NWSE. (b) Effective Date.--The revocation under subsection (a) shall take effect for a parcel of land on the date on which the parcel is transferred to the State under this Act. SEC. 13. TERMS AND CONDITIONS OF TRANSFER OF LANDS ON LOWER COLORADO RIVER AND LAKE HAVASU. In transferring to the State under this Act lands that front on the Lower Colorado River or Lake Havasu (or both), the Secretary shall include such terms and conditions as are necessary to protect the needs of the Bureau of Reclamation to have access to those lands for flowage easements and bank line protection.

Arizona Land Preservation and Management Act of 1996 - Directs the Secretary of the Interior: (1) by eminent domain, with the consent of the State of Arizona, to acquire certain State trust lands and to manage such lands in accordance with this Act; and (2) as compensation for State trust lands acquired under this Act, to transfer to the State specified Federal lands of equal value as may be agreed to by the State. Specifies that the total value of Federal lands transferred to the State by the Secretary in acquiring State lands under this Act may not exceed the fair market value of the lands acquired. Sets forth provisions regarding land appraisals and management of lands acquired by the Bureau of Land Management. Provides for the addition of specified acquired lands to the National Park System, the National Wildlife Refuge System, the National Forest System, and the Arizona National Memorial Cemetery. Authorizes the continuation for existing uses of acquired lands until such time as the use is determined to be incompatible with the purposes for which the lands are required to be used under this Act. Revokes the orders of the Secretary withdrawing lands for the Colorado River Storage Project and for Power Site Classification 272 on specified National Park Service-administered lands in Arizona. Directs the Secretary, in transferring to the State lands that front on the Lower Colorado River, Lake Havasu, or both, to include terms and conditions as necessary to protect the needs of the Bureau of Reclamation to have access to those lands for flowage easements and bank line protection.

Arizona Land Preservation and Management Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Nuclear Workers' Health Insurance Act of 1993''. SEC. 2. HEALTH INSURANCE PROGRAM FOR CERTAIN FORMER DEPARTMENT OF ENERGY EMPLOYEES EXPOSED TO IONIZING RADIATION. (a) Establishment of Program.--The Secretary of Energy shall provide in accordance with this section for payment to (or on behalf of) certain former Department of Energy employees (described in subsection (b)) for all reasonable expenses for certain health care services (described in subsection (c)) incurred (whether through insurance or out-of-pocket) above the threshold dollar amount specified in subsection (d). (b) Former Employees Covered.--An employee described in this section is an individual who-- (1) was (but is no longer) employed at a Department of Energy defense nuclear facility (as defined in subsection (g)(3)); (2) while employed at that facility-- (A) received 10 REM or more total exposure to ionizing radiation or 10 percent or more of the maximum permissible body burden exposure to ionizing radiation, or (B) was employed for 5 years or more in a building or facility in which radioactive materials were regularly stored, handled, processed, or disposed of; and (3) is not entitled to benefits under the Medicare Program. (c) Reasonable Expenses for Certain Health Care Services Covered.-- (1) In general.--Reasonable expenses for certain health care services described in this subsection are expenses in a reasonable amount for health care services which are medically reasonable and necessary for treatment of-- (A)(i) leukemia or cancer of the blood-forming tissues (excluding chronic lymphocytic leukemia), (ii) multiple myeloma or muscle cancer affecting the spinal cord, or lymphoma (other than Hodgkin's disease), or (iii) cancer of the thyroid, lung, breast, brain or nervous system, bone, skin, prostate, parathyroid glands, stomach, colon or rectum, esophagus, bladder, urinary tract, pharynx, pancreas, small intestine, bile ducts, gall bladder, or liver (except if cirrhosis or hepatitis B is indicated); or (B) another disease if the Secretary of Energy (in consultation with the Secretary of Health and Human Services) determines that there is a reasonable medical certainty that such disease could have been directly or indirectly caused by an illness referred to in subparagraph (A). (2) Determination of reasonable amount.--In applying paragraph (1)-- (A) health care expenses shall be treated as being ``in a reasonable amount'' based on a typical payment methodology used under FEHBP plans, and (B) treatment of an illness shall be considered to be medically reasonable and necessary if payment for such treatment can be expected to be made under either an FEHBP plan or under the Medicare Program. (3) Health services defined.--In paragraph (1), the term ``health care services'' means health care items and services that are the type of items and services for which benefits are made available either under an FEHBP plan or under the Medicare Program and includes hospital services, physicians services, outpatient prescription drugs, hospice care, home health services, skilled nursing facility services, and rehabilitation (inpatient and outpatient) services. (d) Threshold Dollar Amount.--The threshold dollar amount specified in this subsection is $25,000 with respect to any individual during the individual's lifetime, not counting expenses incurred before the date of the enactment of this Act. (e) Administration.--The Secretary of Energy may carry out this section directly, through a memorandum of understanding with an appropriate Federal department or agency, or through a contract with an appropriate health insurance carrier or administrator. (f) Effective Date.--The Secretary of Energy shall establish the insurance program under this section by not later than 6 months after the date of the enactment of this Act. The program shall apply to expenses incurred for services furnished on or after the date the program first becomes effective. (g) Definitions.--In this section: (1) The term ``FEHBP plan'' means a health plan typical of the health plans offered to Federal employees and annuitants under chapter 89 of title 5, United States Code. (2) The term ``medicare program'' means the program under title XVIII of the Social Security Act. (3) The term ``Department of Energy defense nuclear facility'' means-- (A) a production facility or utilization facility (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina; the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio), but the term does not include any facility that does not conduct atomic energy defense activities; (B) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary of Energy; (C) a testing and assembly facility that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes (including the test site facility in Nevada; the Pinnellas Plant, Florida; and the Pantex facility, Texas); (D) a nuclear weapons research facility that is under the control or jurisdiction of the Secretary of Energy (including the Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or (E) any facility described in subparagraphs (A) through (D) that-- (i) is no longer in operation; (ii) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and (iii) was operated for national security purposes.

Defense Nuclear Workers' Health Insurance Act of 1993 - Directs the Secretary of Energy to establish a health insurance program for certain former employees of Department of Energy defense nuclear facilities exposed to ionizing radiation for certain cancer health care expenses incurred above $25,000.

Defense Nuclear Workers' Health Insurance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Communities Safe through Treatment Act of 2016''. SEC. 2. PILOT PROGRAM. (a) Establishment.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish a pilot program to provide grants to eligible entities for diversion programs to divert individuals with low-level drug offenses to drug treatment programs. (2) Duration of pilot program.--The pilot program shall terminate 5 years after the date of the enactment of this Act. (3) Grants awarded under pilot program.--The Attorney General shall award grants under the pilot program to not fewer than 10 eligible entities. (b) Limitation on Use of Funds.--Grant funds awarded under the pilot program may not be used to divert an individual with a low-level drug offense to a drug treatment program if criminal charges have been filed and are pending against such individual. (c) Application.-- (1) In general.--To be selected to receive a grant under the pilot program, an eligible entity shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. (2) Other requirements.--Each application for a grant under the pilot program shall include a description of how the eligible entity-- (A) coordinates with drug treatment programs that provide medication-assisted treatment; (B) plans to coordinate with local prosecutors; (C) plans to divert individuals with low-level drug offenses to such programs; (D) plans to monitor and record the progress of such individuals in such programs; (E) plans to assess such individuals to ensure that they have an appropriate drug treatment plan; (F) plans to monitor and record the drug use of such individuals; and (G) will provide case management for such individuals. (d) Reports.-- (1) Quarterly reports.--Each quarter during the duration of the pilot program, an eligible entity that receives a grant under the pilot program shall submit a report to the Attorney General that includes-- (A) the number of individuals diverted to drug treatment programs by the diversion program for which the grant funds are used; (B) any subsequent arrest records of such individuals, when such records are publicly available; (C) any subsequent criminal charges filed against such individuals; (D) the random drug test results for such individuals; and (E) the cost of such programs. (2) Annual reports.--Not less than once each year during the duration of the pilot program, the Attorney General shall submit a report to Congress that includes-- (A) the number of grants awarded under the pilot program; (B) the number of individuals diverted to drug treatment programs by the diversion program for which the grant funds are used; (C) any subsequent arrest records of such individuals, when such records are publicly available; (D) any subsequent criminal charges filed against such individuals; (E) the random drug test results for such individuals; and (F) the amount of funds used to provide grants under the pilot program. (e) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a law enforcement agency with jurisdiction over a high intensity drug trafficking area, as designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)). (2) Low-level drug offense.--The term ``low-level drug offense'' does not include a serious violent felony. (3) Medication-assisted treatment.--The term ``medication- assisted treatment'' means treatment of substance use disorders through the use of a drug (or a combination of drugs) approved or licensed under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262), in combination with evidence-based behavioral therapies. (4) Serious violent felony.--The term ``serious violent felony'' has the meaning given such term in section 3559(c)(2) of title 18, United States Code. (f) Authorization of Appropriations.--There is authorized to be appropriated such funds as may be necessary to carry out the pilot program, to be derived from the funds made available to the Office of Justice Programs.

Keeping Communities Safe through Treatment Act of 2016 This bill directs the Department of Justice to establish a pilot program to provide grants to law enforcement agencies in designated high intensity drug trafficking areas for programs to divert low-level drug offenders to drug treatment programs.

Keeping Communities Safe through Treatment Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Thermal Renewable Energy and Efficiency Act of 2010''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. Sec. 4. Statement of policy. TITLE I--MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE SOURCES Sec. 101. Extension of renewable electricity credit to thermal energy. TITLE II--EXEMPT FACILITY BONDS Sec. 201. Exempt facility bonds. TITLE III--ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS Sec. 301. Definition of institutional entity. Sec. 302. Availability of grants. Sec. 303. Authorization of appropriations for grants. SEC. 2. FINDINGS. Congress finds that-- (1) approximately 30 percent of the total quantity of energy consumed in the United States is used to provide thermal energy for heating and cooling building space, domestic hot water, and industrial processes; (2) thermal energy is an essential, but often overlooked, segment of the national energy mix; (3) district energy systems use 1 or more central plants to provide thermal energy to multiple buildings that range in size from campus applications to systems heating entire towns or cities; (4) district energy systems provide sustainable thermal energy infrastructure by producing and distributing thermal energy from combined heat power, sources of industrial or municipal surplus heat, and from renewable sources such as biomass, geothermal, and solar energy; (5) as of 2009, the United States had approximately 2,500 operating district energy systems; (6) district energy systems provide advantages that support secure, affordable, renewable, and sustainable energy for the United States, including-- (A) use of local fuels or waste heat sources that keep jobs and energy dollars in local economies; (B) stable, predictable energy costs for businesses and industry; (C) reduction in reliance on fossil fuels; (D) reduction in emissions of greenhouse gases; and (E) flexibility to modify fuel sources in response to future changes in fuel availability and prices and development of new technologies; (7) district energy helps cut peak power demand and reduce power transmission and distribution system constraints by-- (A) meeting air conditioning demand through delivery of chilled water produced with heat from combined heat and power or other energy sources; and (B) shifting power demand through thermal storage and, with combined heat and power, generating power near load centers; (8) combined heat and power systems increase energy efficiency of power plants by capturing thermal energy and using the thermal energy to provide heating and cooling, more than doubling the efficiency of conventional power plants; (9) according to the Oak Ridge National Laboratory, if the United States was able to increase combined heat and power from approximately 9 percent of total electric generation capacity to 20 percent by 2030, the increase would-- (A) save as much energy as half of all household energy consumption; (B) create approximately 1,000,000 new jobs; (C) avoid more than 800,000,000 metric tons of carbon dioxide emissions annually, which is equivalent to taking half of all United States passenger vehicles off the road; and (D) save hundreds of millions of barrels of oil equivalent; and (10) constraints to significant expansion of district energy and combined heat and power include-- (A) the lack of economic value in the energy marketplace for the environmental, grid support, energy security, and local economic development benefits of district energy systems; (B) relatively high project development costs due to the variety of institutional, legal, and technical issues that must be addressed; and (C) the high costs of debt service, particularly in the early years of systems development before a broad base of customers has connected. SEC. 3. PURPOSE. The purpose of this Act is to encourage the implementation of thermal energy infrastructure order to-- (1) increase energy efficiency; (2) increase use of renewable energy resources; (3) revitalize the infrastructure of the cities and institutions of the United States; (4) reduce local and regional air pollution; (5) reduce emissions of greenhouse gases; (6) reduce emissions of ozone-depleting refrigerants; and (7) enhance power grid reliability and overall energy supply reliability and energy security. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States that, in energy policy development and program implementation, the following factors should be considered: (1) Thermal energy represents a significant part of the energy requirements of the United States, providing building heating and cooling, domestic hot water, and industrial process energy. (2) There are many opportunities for meeting thermal energy requirements directly through renewable energy sources or recycled energy (such as recovered waste heat), without generation of electricity. (3) Policies and incentives for encouraging renewable energy and energy efficiency should address thermal energy as well as electricity. (4) District energy systems provide an important means of delivering sustainable thermal energy to consumers, and provide energy security benefits, by-- (A) cutting peak power demand; (B) reducing power transmission and distribution system constraints; and (C) providing flexibility to modify fuel sources in response to future changes in fuel availabilities and prices and development of new technologies. TITLE I--MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE SOURCES SEC. 101. EXTENSION OF RENEWABLE ELECTRICITY CREDIT TO THERMAL ENERGY. (a) Credit To Include Production of Thermal Energy.--Section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Credit for Production of Thermal Energy.-- ``(1) In general.--In the case of a taxpayer who-- ``(A) produces thermal energy from a qualified energy resource described in subparagraph (B), (C), (D), (G), (I), or (J) of subsection (c)(1) at a qualified facility described in paragraph (2), (3), (4), (6), (7), (11), or (12) of subsection (d), and ``(B) makes an election under this subsection with respect to such facility, subsection (a) shall be applied by substituting `each 3,412 Btus of thermal energy (or fraction thereof)' for `the kilowatt hours of electricity' in paragraph (2) thereof. ``(2) Thermal energy.--For purposes of this section, the term `thermal energy' means heat (in the form of hot water or steam) or cooling (in the form of chilled water or ice). ``(3) Additional qualifications.-- ``(A) Combined heat and power facility.--In the case of a facility producing both electricity and thermal energy, such facility shall not be treated as a qualified facility unless such facility-- ``(i) meets the requirements of section 48(c)(3)(A) (without regard to clause (iv) thereof), and ``(ii) was originally placed in service after the date of the enactment of the Thermal Renewable Energy and Efficiency Act of 2010, and before the date which is 5 years after such date. ``(B) Thermal facility.--In the case of a facility producing only thermal energy, such facility shall not be treated as a qualified facility unless such facility-- ``(i) has an energy efficiency percentage (as determined under section 48(c)(3)(C)) in excess of 60 percent, and ``(ii) was originally placed in service after the date of the enactment of the Thermal Renewable Energy and Efficiency Act of 2010, and before the date which is 5 years after such date. ``(4) Denial of double benefit.--If an election under this subsection is in effect with respect to any facility, no credit shall be allowed under subsection (a) with respect to the production of electricity at such facility. ``(5) Election.-- ``(A) In general.--An election under this subsection shall specify the facility to which the election applies and shall be in such manner as the Secretary may by regulations prescribe. ``(B) Election irrevocable.--Any election made under this subsection may not be revoked except with the consent of the Secretary.''. (b) Naturally Occurring Cold Water Sources Treated as Qualified Energy Resource.--Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of subparagraph (H), (2) by striking the period at the end of subparagraph (I) and inserting ``, and'', and (3) by adding at the end the following new subparagraph: ``(J) naturally occurring cold water sources which are used to provide thermal energy for air conditioning.''. (c) Qualified Facilities.--Section 45(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Natural air conditioning system facility.--In the case of a facility providing thermal energy for air conditioning from naturally occurring cold water sources, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of the Thermal Renewable Energy and Efficiency Act of 2010, and before the date which is 5 years after such date.''. (d) Conforming Amendments.-- (1) Section 45(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting ``or thermal energy'' after ``electricity''. (2) Section 45(c)(2) of such Code is amended by inserting ``or thermal energy'' after ``electricity''. (3) Section 45(d) of such Code is amended by inserting ``or thermal energy'' after ``electricity'' each place it appears in paragraphs (2), (3), (4), (6), (7), and (11). (4) Section 45(e) of such Code is amended by inserting ``or thermal energy'' after ``electricity'' each place it appears in paragraphs (1), (4), and (9). (5) The heading of section 45 of such Code is amended by inserting ``and thermal energy'' after ``electricity''. (6) The item relating to section 45 in the table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting ``and thermal energy'' after ``Electricity''. (e) Effective Date.--The amendments made by this section shall apply to energy produced and sold after the date of the enactment of this Act. TITLE II--EXEMPT FACILITY BONDS SEC. 201. EXEMPT FACILITY BONDS. (a) Definition of Local District Heating and Cooling Facilities.-- Subparagraph (A) of section 142(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``a pipeline or network (which may be connected to a heating or cooling source) providing hot water, chilled water, or steam'' and inserting ``equipment for producing thermal energy in the form of hot water, chilled water or steam, distributing that thermal energy in pipelines and transferring the thermal energy''. (b) Public Use Requirement.--The Secretary shall promulgate regulations establishing that a local district heating or cooling facility will be treated in all events as serving a general public use for purposes of the Internal Revenue Code of 1986. TITLE III--ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS SEC. 301. DEFINITION OF INSTITUTIONAL ENTITY. Section 399A(a)(5) of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1(a)(5)) is amended by inserting a ``not-for-profit district energy system,'' after ``utility,''. SEC. 302. AVAILABILITY OF GRANTS. Section 399A(f) of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1(f)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i), by striking ``$50,000'' and inserting ``$90,000''; (B) in subparagraph (B)(i), by striking ``$90,000'' and inserting ``$150,000''; and (C) in subparagraph (C)(i), by striking ``$250,000'' and inserting ``$600,000''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``$1,000,000'' and inserting ``$20,000,000''; and (B) in subparagraph (B), by striking ``60 percent'' and inserting ``30 percent''. SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS. Section 399A(i)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1(i)(1)) is amended by striking ``$250,000,000 for each of fiscal years 2009 through 2013'' and inserting ``$500,000,000 for each of fiscal years 2011 through 2015''.

Thermal Renewable Energy and Efficiency Act of 2010 - Amends the Internal Revenue Code to extend the tax credit for the production of electricity from renewable resources to the production of thermal energy and to include a naturally occurring cold water source as a qualified energy resource and a natural air conditioning system facility as a qualified facility for purposes of such credit. Modifies the definition of "local heating and cooling facilities" for purposes of tax-exempt facility bonds to include equipment for producing thermal energy in the form of hot water, chilled water, or steam, distributing that thermal energy in pipelines, and transferring the thermal energy. Defines "thermal energy" as heat (in the form of hot water or steam) or cooling (in the form of chilled water or ice). Amends the Energy Policy and Conservation Act, with respect to the energy sustainability and efficiency grant and loan program for institutions, to: (1) include a not-for-profit district energy system as an institutional entity for purposes of such grant program; (2) increase the amounts of technical assistance grants and grants for efficiency improvement and energy sustainability; and (3) extend the authorization of appropriations for such grant program through FY2015.

A bill to encourage the implementation of thermal energy infrastructure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Crime Enforcement and Second Amendment Restoration Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) One of the primary duties of government is to protect its citizens from armed violent criminals. America's cherished liberty and the social and economic prosperity of its communities are dependent upon government's ability to maintain public safety. (2) Criminals, by definition, operate outside the law and routinely acquire firearms when they so desire. Banning specific types of firearms has no effect on the moral behavior of those who choose to inflict harm on innocent citizens. (3) The most effective way to protect the public from gun- wielding violent criminals is to arrest, convict, and incarcerate such predators, and to ensure that they serve sentences of sufficient length to prevent them from returning quickly to the streets. SEC. 3. ARMED VIOLENT CRIMINAL APPREHENSION DIRECTIVE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Attorney General of the United States shall establish an armed violent criminal apprehension program consistent with the following requirements: (1) Each United States attorney shall designate at least 1 assistant United States attorney to prosecute armed violent criminals. (2) Each United States attorney shall establish an armed violent criminal apprehension task force comprised of appropriate law enforcement representatives. The task force shall develop strategies for removing armed violent criminals from the streets, taking into consideration-- (A) the importance of severe punishment in deterring armed violent crime; (B) the effectiveness of Federal and State laws pertaining to apprehension and prosecution of armed violent criminals; (C) the resources available to each law enforcement agency participating in the task force; (D) the nature and extent of the violent crime occurring in the district for which the United States attorney is appointed; and (E) the principle of limited Federal involvement in the prosecution of crimes traditionally prosecuted in State and local jurisdictions. (3) Not less frequently than monthly, the Attorney General shall require each United States attorney to report to the Department of Justice the number of defendants charged with, or convicted of, violating section 922(g) or 924 of title 18, United States Code, in the district for which the United States attorney is appointed. (4) Not less frequently than twice annually, the Attorney General shall submit to the Congress a compilation of the information received by the Department of Justice pursuant to paragraph (3) and a report on all waivers granted under subsection (b). (b) Waiver Authority.-- (1) Request for waiver.--A United States attorney may request the Attorney General to waive the requirements of subsection (a) with respect to the United States attorney. (2) Provision of waiver.--The Attorney General may waive the requirements of subsection (a) pursuant to a request made under paragraph (1), in accordance with guidelines which shall be established by the Attorney General. In establishing the guidelines, the Attorney General shall take into consideration the number of assistant United States attorneys in the office of the United States attorney making the request and the level of violent crime committed in the district for which the United States attorney is appointed. (c) Armed Violent Criminal Defined.--As used in this section, the term ``armed violent criminal'' means a person who is accused of violating section 922(g)(1) of title 18, United States Code, having been previously convicted of a violent crime, or who is accused of violating section 924 of such title. (d) Sunset.--This section shall have no force or effect after the 5-year period that begins 180 days after the date of the enactment of this Act. SEC. 4. REPEAL OF THE PROHIBITIONS RELATING TO SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Section 922 of title 18, United States Code, is amended by striking subsections (v) and (w) and by striking the appendix. (b) Section 921(a) of such title is amended by striking paragraph (30). (c) Section 921(a)(31)(A) of such title is amended-- (1) by striking ``manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994''; and (2) by striking ``, or that can be readily restored or converted to accept,''. (d) Section 923(i) of such title is amended by striking the last 2 sentences. (e) Section 924(a)(1)(B) of such title is amended by striking ``(r), (v), or (w)'' and inserting ``or (r)''. (f) Section 110104 of the Violent Crime Control and Law Enforcement Act of 1994 (18 U.S.C. 921 note) is repealed. SEC. 5. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A FEDERAL CRIME THAT IS A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME. Section 924(c) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by striking paragraph (1) and inserting the following: ``(1) A person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States-- ``(A) possesses a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 5 years; ``(B) brandishes a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 10 years; or ``(C) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 20 years; except that if the firearm is a short-barreled rifle or short-barreled shotgun, or is equipped with a large capacity ammunition feeding device, such additional sentence shall be imprisonment for 10 years more than the term of imprisonment that would otherwise be imposed under this paragraph, and if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, such additional sentence shall be imprisonment for 30 years. ``(2) In the case of the second or subsequent conviction of a person under this subsection-- ``(A) if the person possessed a firearm during and in relation to such second or subsequent crime of violence or drug trafficking crime, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 20 years; ``(B) if the person brandished a firearm during and in relation to such second or subsequent crime of violence or drug trafficking crime, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 25 years; or ``(C) if the person discharged a firearm with the intent to injure another person during and in relation to such second or subsequent crime of violence or drug trafficking crime, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 30 years; except that if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to life imprisonment. ``(3)(A) Notwithstanding any other provision of law, the court shall not impose a probationary sentence on any person convicted of a violation of this subsection, nor shall a term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. ``(B) No person sentenced under this subsection shall be released for any reason whatsoever during a term of imprisonment imposed under this subsection.''. Passed the House of Representatives March 22, 1996. Attest: ROBIN H. CARLE, Clerk.

Gun Crime Enforcement and Second Amendment Restoration Act of 1996 - Directs the Attorney General to: (1) establish an armed violent criminal apprehension program under which each U.S. attorney shall designate at least one assistant U.S. attorney to prosecute armed violent criminals and shall establish an armed violent criminal apprehension task force to develop strategies for removing armed violent criminals from the streets; (2) require each U.S. attorney to report to the Department of Justice (DOJ) monthly on the number of defendants charged with, or convicted of, violating specified offenses (such as possession of a firearm by an illegal alien and using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime) ; and (3) submit to the Congress at least twice annually a compilation of the information received by DOJ and a report on all waivers granted under this Act. Authorizes a U.S. attorney to request, and the Attorney General to grant, a waiver of such requirements with respect to the U.S. attorney. Directs the Attorney General, in establishing guidelines for such a waiver, to consider the number of assistant U.S. attorneys in the requesting office and the level of violent crime committed in the district. Terminates such program after five years. (Sec. 4) Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal: (1) the ban on semiautomatic assault weapons and large capacity ammunition feeding devices; and (2) a provision of such Act directing the Attorney General to study the effect of provisions related to the ban, to determine their impact on violent and drug trafficking crime, and to report to the Congress. (Sec. 5) Provides mandatory additional prison terms of: (1) five, ten, or 20 years, respectively, for possessing, brandishing, or discharging a firearm or destructive device during a Federal crime of violence or drug trafficking crime; and (2) 20, 25, or 30 years, respectively, for second or subsequent convictions or life imprisonment for a second or subsequent offense involving a machine gun or destructive device or a firearm equipped with a silencer or muffler. Prohibits any person who receives such an mandatory additional sentence from being released for any reason during the imposed term of imprisonment.

Gun Crime Enforcement and Second Amendment Restoration Act of 1996

SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS. (a) Appointment of Chief Financial Officer.-- (1) In general.--The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under section 2(d). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to section 2(d), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (2) Acting chief financial officer.--If a Chief Financial Officer has not been appointed under paragraph (1) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under section 2(d), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of paragraph (1). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (b) Duties of Chief Financial Officer.--The duties of the Chief Financial Officer shall include the following: (1) Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public. (2) Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced. (3) Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head. (c) Documents Provided.--The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (d) Conditions Related to Chief Financial Officer.-- (1) Term.--The Chief Financial Officer shall be appointed for a term of 5 years. (2) Removal.--The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (3) Replacement.--If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with subsection (a). (4) Salary.--The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (e) Referendum.--As part of the closest regularly scheduled, islands-wide election in the Virgin Islands to the expiration of the fourth year of the five-year term of the Chief Financial Officer, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be made a permanent part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Virgin Islands Chief Financial Officer Search Commission''. (b) Duty of Commission.--The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (A) 1 individual appointed by the Governor of the Virgin Islands. (B) 1 individual appointed by the President of the Legislature of the Virgin Islands. (C) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (D) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (E) 1 individual appointed by the Chamber of Commerce of St. Croix. (F) 1 individual appointed by the President of the University of the Virgin Islands. (G) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (H) 1 individual appointed by the President of AARP Virgin islands. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (3) Basic pay.--Members shall serve without pay. (4) Quorum.--Five members of the Commission shall constitute a quorum. (5) Chairperson.--The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (6) Meetings.--The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (7) Government employment.--Members may not be current government employees, except for the member appointed under paragraph (1)(C). (d) Report; Recommendations.--The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission's recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (e) Termination.--The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Chief financial officer.--In sections 1 and 2, the term ``Chief Financial Officer'' means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under section 1(a). (2) Commission.--The term ``Commission'' means the Virgin Islands Chief Financial Officer Search Commission established pursuant to section 2. (3) Governor.--The term ``Governor'' means the Governor of the Virgin Islands. (4) Removal for cause.--The term ``removal for cause'' means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge.

. Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that, if the Legislature has not confirmed a nominee within 90 days, the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer. Requires the Virgin Islands Chief Financial Officer Search Commission to appoint an Acting Chief Financial Officer from the list, until a Chief Financial Officer is appointed, if one has not been appointed within 180 days. Requires any Acting Chief Financial Officer serving in that capacity for 180 consecutive days to become the Chief Financial Officer. Sets forth the Chief Financial Officer's duties. Directs the Board of Elections of the Virgin Islands, as part of the regularly scheduled, islands-wide election in the Virgin Islands closest to the expiration of the fourth year of the five-year term of the Chief Financial Officer, to hold a referendum to determine whether the position of Chief Financial Officer shall be made a permanent part of the executive branch of the government of the Virgin Islands. Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission upon the nomination and confirmation of the Chief Financial Officer.

To create the Office of Chief Financial Officer of the Government of the Virgin Islands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telemedicine Development Act of 1993''. SEC. 2. PURPOSE. It is the purpose of this Act to support the development of telemedicine projects that are designed to improve the delivery, accessability and affordability of health care services to Americans living in rural areas. This Act is intended to-- (1) assist rural hospitals and other rural health care providers in dealing with personnel shortages and shared staffing arrangements by providing such providers with the telecommunications technology necessary to maintain contact with itinerant staff and remote specialists; (2) reduce the cost of care for rural patients and strengthen rural health care providers by using telecommunications technologies to permit such patients to stay in their local hospitals and to receive other health services locally whenever possible and appropriate, by reducing paperwork costs and by improving coordination and efficiency in the delivery of health care; (3) provide rural health care providers with access, via telecommunications systems, to equipment, specialists, and continuing education programs that are otherwise generally not available in rural areas; and (4) demonstrate the effectiveness of fiber optics telecommunication systems in improving the quality and access of health care services in rural areas. SEC. 3. ESTABLISHMENT OF GRANT PROGRAMS. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended-- (1) in the title heading by striking out ``AND HEALTH PROMOTION'' and inserting in lieu thereof ``, HEALTH PROMOTION AND TELEMEDICINE DEVELOPMENT''; (2) by inserting after the title heading the following: ``Part A--Health Information and Health Promotion''; and (3) by adding at the end thereof the following new part: ``Part B--Telemedicine Development ``SEC. 1711. GRANT PROGRAM FOR PROMOTING THE INITIAL DEVELOPMENT OF RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall award grants to eligible entities described in section 1714(a) for the purpose of encouraging the initial development of rural telemedicine networks. Grants shall be awarded under this section to encourage the formation of rural health care networks that could benefit from the use of telecommunications technology in providing health services to rural areas. ``(b) Application.--To be eligible to receive a grant under this section 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, including a description of the use to which the entity will apply any amounts received under such grant. ``(c) Preference in Awarding Grants.--The Secretary shall, in awarding grant under subsection (a), give preference to applicants that-- ``(1) are participants in rural health care networks or that propose to form such networks; ``(2) can demonstrate broad geographic coverage in the rural areas of the State, or States in which the applicant is located; and ``(3) propose to use Federal funds to develop plans for, or to establish, pilot telecommunications systems that will link rural hospitals and other rural health care providers to other hospitals, and health care providers. ``SEC. 1712. GRANT PROGRAM FOR THE ESTABLISHMENT OF ADVANCED RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall award grants to rural health networks for the purpose of linking such networks together using advanced telemedicine systems. Grants shall be awarded under this section to further develop telemedicine projects initiated by these rural health care networks. ``(b) Application.--To be eligible to receive a grant under this section 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, including a description of the use to which the entity will apply any amounts received under such grant. ``(c) Minimum Qualifications.--The Secretary may not award a grant to an applicant under subsection (a) unless-- ``(1) the applicant is determined by the Secretary to include one or more rural health network; and ``(2) the applicant can demonstrate broad geographical coverage in the rural areas of the State or States in which it is located. ``(d) Preferences in Awarding Grants.--The Secretary shall, in awarding grants under subsection (a), give preference to qualified applicants that-- ``(1) can demonstrate that a majority of the hospitals and other providers participating in the applicant group have functioned as networks for at least 1 year prior to applying for funding under this section; and ``(2) will use amounts provided under the grant to provide a range of telecommunications applications such as teleradiology, telepathology, interactive video consultation and remote educational services and to promote areawide health planning and greater efficiency in administrative activities. ``SEC. 1713. GRANT PROGRAM FOR THE ESTABLISHMENT OF ADVANCED FIBER OPTIC BASED RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall award grants to rural health networks for the purpose of linking these networks to existing fiber optic telecommunications systems. ``(b) Application.--To be eligible to receive a grant under this section 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, including a description of the use to which the entity will apply any amounts received under such grant. ``(c) Minimum Qualifications.--The Secretary may not award a grant to an applicant under subsection (a) unless-- ``(1) the applicant is determined by the Secretary to include one or more rural health network; ``(2) the applicant group can demonstrate broad geographical coverage in the rural areas of the State or States in which it is located; and ``(3) the applicant group will participate in an existing fiber optic telecommunications system. ``(d) Preferences in Awarding Grants.--The Secretary shall, in awarding grants under subsection (a), give preference to qualified applicants that-- ``(1) will use grant funds to provide a range of telecommunications applications including teleradiology, telepathology, interactive video consultation and remote educational services and to promote areawide health planning and greater efficiency in administrative activities; ``(2) demonstrate that the majority of the hospitals and other providers participating in the applicant group have functioned as networks for at least 1 year prior to applying for funding under this section; and ``(3) will participate in an existing Statewide fiber optics cable system. ``SEC. 1714. USE OF FUNDS FOR INITIAL DEVELOPMENT GRANT PROGRAMS. ``(a) Eligible Entities.--Entities eligible to receive a grant under section 1711 shall include hospitals, hospital networks, and other health care providers. ``(b) Use of Amounts.--Amounts received under a grant awarded under section 1711 shall be utilized for the initial development of rural telemedicine networks, including the establishment of pilot telemedicine projects involving two or more providers. Such amounts may be used to cover the costs associated with the development of telemedicine networks and the acquisition or construction of telecommunications facilities and equipment including-- ``(1) the development and acquisition through lease or purchase of computer hardware and software, audio and visual equipment, computer network equipment, telecommunications transmission facilities, telecommunications terminal equipment, interactive video equipment, data terminal equipment, and other facilities and equipment that would further the purposes authorized by this part; ``(2) the provision of technical assistance and instruction for the development and use of such programming, equipment, or facilities; ``(3) the development and acquisition of instructional programming; or ``(4) such other uses that are consistent with achieving the purposes of this part as approved by the Secretary. ``SEC. 1715. USE OF FUNDS FOR ADVANCED TELEMEDICINE GRANT PROGRAMS. ``Grants under sections 1712 and 1713 shall be available to health care networks for the development of telemedicine networks and the acquisition or construction of telecommunications facilities and equipment including-- ``(1) the development and acquisition through lease or purchase of computer hardware and software, audio and visual equipment, computer network equipment, telecommunications transmission facilities, telecommunications terminal equipment, interactive video equipment, data terminal equipment, and other facilities and equipment that would further the purposes authorized by this part; ``(2) the provision of technical assistance and instruction for the development and use of such programming, equipment, or facilities; ``(3) the development and acquisition of instructional programming; or ``(4) such other uses that are consistent with achieving the purposes of this part as approved by the Secretary. ``SEC. 1716. DEFINITIONS. ``For the purposes of this part: ``(1) Computer networks.--The term `computer networks' means computer hardware and software, terminals, signal conversion equipment including both modulators and demodulators, or related devices, used to communicate with other computers to process and exchange data through a telecommunication network in which signals are generated, modified, or prepared for transmission, or received, via telecommunications terminal equipment and telecommunications transmission facilities. ``(2) Data terminal equipment.--The term `data terminal equipment' means equipment that converts user information into data signals for transmission, or reconverts the received data signals into user information, and is normally found on the terminal of a circuit and on the premises of the end user. ``(3) Fiber optic cable.--The term `fiber optic cable' means a bundle of optical transmission elements or waveguides usually consisting of a fiber core and fiber cladding that can guide a lightwave and that are incorporated into an assembly of materials that provide tensile strength and external protection. ``(4) Interactive video equipment.--The term `interactive video equipment' means equipment used to produce and prepare for transmission audio and visual signals from at least two distant locations in order that individuals at such locations can verbally and visually communicate with each other, and such equipment includes monitors, other display devices, cameras or other recording devices, audio pickup devices, and other related equipment. ``(5) Health care network.--The term `rural health care network' means a group of rural hospitals or other rural health care providers (including clinics, physicians and non-physician primary care providers) that have entered into a formal relationship with each other or with nonrural hospitals and health care providers for the purpose of strengthening the delivery of health care services in rural areas or specifically to improve their patients' access to telemedicine services. At least 75 percent of hospitals and other health care providers participating in the network shall be located in rural areas. ``(6) Statewide fiber optic cable system.--The term `Statewide fiber optic cable system' means a telecommunications system that will carry voice, data, and full motion video traffic through fiber optic cable to a point of presence in every county in the State in which it is located. ``(7) Telecommunications terminal equipment.--The term `telecommunications terminal equipment' means the assembly of telecommunications equipment at the end of a circuit, normally located on the premises of the end user, that interfaces with telecommunications transmission facilities, and that is used to modify, convert, encode, or otherwise prepare signals to be transmitted via such telecommunications facilities, or that is used to modify, reconvert or carry signals received from such facilities, the purpose of which is to accomplish the goal for which the circuit was established. ``(8) Telecommunications transmission facilities.--The term `telecommunications transmission facilities' means those facilities that transmit, receive, or carry data between the telecommunications terminal equipment at each end of a telecommunications circuit or path. Such facilities include microwave antennae, relay stations and towers, other telecommunications antennae, fiber-optic cables and repeaters, coaxial cables, communication satellite ground station complexes, copper cable electronic equipment associated with telecommunications transmissions, and similar items as defined by the Secretary. ``SEC. 1717. AUTHORIZATION OF APPROPRIATIONS. ``For the purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1997.''.

Rural Telemedicine Development Act of 1993 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants: (1) to hospitals, hospital networks, and other health care providers to encourage the initial development of rural telemedicine networks to use telecommunications technology in providing health services to rural areas; and (2) for linking such networks together using advanced telemedicine systems and for linking such networks to existing fiber optic telecommunications systems. Sets forth provisions regarding: (1) application requirements; (2) preferences in awarding grants; and (3) use of funds for initial development and advanced telemedicine grant programs. Authorizes appropriations.

Rural Telemedicine Development Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Accountability Act of 2012''. SEC. 2. FINDINGS. Congress finds that the Subcommittee on Oversight, Investigations, and Management of the Committee on Homeland Security of the House of Representatives held a series of four hearings related to the management of the Department of Homeland Security. The key findings from such hearings were the following: (1) The Department of Homeland Security has not prioritized the missions outlined in its key strategic planning documents. This lack of prioritization may hinder the Department's efforts to effectively manage risks to the United States. Since 2003, the Government Accountability Office designated the transformation of the Department as high risk because the Department had to transform 22 agencies--several with major management challenges--into one department, and failure to effectively address the Department's management and mission risks could have serious consequences to United States national and economic security. The Government Accountability Office continues to designate the transformation of the Department as high risk. (2) The Department has considerable work ahead to achieve actions and outcomes critical to addressing persistent management challenges. For example, a significant number of acquisition programs proceeded without component or departmental approval of essential planning documents. These reviews are important to ensure the success of an acquisition program. The Department also continues to face challenges implementing key human capital initiatives. Integrating financial data essential to effectively managing the Department also remains a challenge. (3) Areas of duplicative effort have also been identified within the Department. For example, some Federal Government agencies are paying fees to the Department's Federal Protective Service for facility risk assessments that are not being performed, while at the same time performing their own risk assessments. The Department also lacks robust acquisition practices in place to position programs for success. Federal Government auditors questioned U.S. Customs and Border Protection's plan to secure the Arizona border because the agency could not justify the specific types, quantities, cost, and deployment locations of its surveillance technologies. (4) Investigators continue to identify cases of employee corruption within the Department. Investigations by the Department's Inspector General led to over 400 arrests of employees in 2011. Examples include Border Patrol agents accepting bribes, thefts by airport screeners, and immigration officers complicit in fraud. In addition, overall employee morale in the Department remains one of the lowest in the Federal Government. SEC. 3. ESTABLISHMENT. There is established in the legislative branch an independent advisory panel to-- (1) comprehensively assess the management structure and capabilities related to the Department of Homeland Security; and (2) make recommendations to improve the efficiency and effectiveness of the management of the Department. SEC. 4. MEMBERSHIP. (a) In General.--The independent advisory panel (in this Act referred to as the ``Panel'') established under section 3 shall be composed of eight members as follows: (1) Two members shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Homeland Security of the House of Representatives. Only one of such members may be from the same political party as the Speaker of the House of Representatives. (2) Two members shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate. Only one of such members may be from the same political party as the majority leader of the Senate. (3) One member shall be appointed by the minority leader of the House of Representatives, in coordination with the Ranking Minority Member of the Committee on Homeland Security of the House of Representatives. (4) One member shall be appointed by the minority leader of the Senate, in coordination with the Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate. (5) Two members shall be appointed by the President, in consultation with the Secretary of Homeland Security. Only one of such members may be from the same political party as the President. (b) Prohibition.--Except as provided in subsection (a), members of the Panel may not be current appointees of the President's Administration or Members of Congress, in order to ensure objectivity of the Panel's assessments. (c) Deadline for Appointments.--All appointments to the Panel shall be made not later than 90 days after the date of the enactment of this Act. (d) Co-Chairmen.--The Panel shall have two co-chairmen, as follows: (1) A co-chairman who shall be a member of the Panel designated by the Speaker of the House of Representatives. (2) A co-chairman who shall be a member of the Panel designated by the majority leader of the Senate. (e) Vacancy.--In the event of a vacancy on the Panel, the individual appointed to fill the vacant seat shall be-- (1) subject to paragraph (2), appointed by the same officer (or the officer's successor) who made the appointment to the seat when the Panel was first established; or (2) if the officer's successor is of a party other than the party of the officer who made the initial appointment when the Panel was first established, chosen in consultation with the senior officers of the House of Representatives and the Senate of the party which is the party of the officer who made such initial appointment. (f) Government Employees.--Members of the Panel who are officers or employees of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Panel. (g) Initial Meeting.--The Panel shall meet and begin the operations of the Panel not later than 60 days after the appointment of all Panel members under subsection (a). SEC. 5. DUTIES. (a) In General.--The Panel shall assess the current management structure and capabilities of the Department of Homeland Security, including examining the following: (1) The efficiency and effectiveness of the management structure and capabilities, including the policies, practices, and procedures, of the Department of Homeland Security and its component agencies in carrying out the management functions, such as program acquisition, financial management, information technology, human capital issues, performance measurement, and risk management efforts, related to homeland security. (2) The extent to which unnecessary duplication exists in such management structure and capabilities, and how, if at all, such duplication negatively affects the mission of protecting the United States. (3) The extent to which management of key homeland security missions is centralized under the Department. (4) Options, as appropriate, to reduce or eliminate harmful waste and duplication of effort in the Department. (5) Measures to evaluate the Department's progress in reducing and eliminating waste and duplication from its management structure and capabilities. (b) Additional Considerations.--In carrying out its duties, the Panel should consult and leverage the work performed and recommendations made by the Government Accountability Office on the management structure and capabilities of the Department of Homeland Security, in particular with respect to the issues identified under subsection (a). SEC. 6. POWERS AND AUTHORITIES. (a) Hearings and Evidence.-- (1) In general.--The Panel or, on the authority of the Panel, any portion thereof, may, for the purpose of carrying out this section-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths (provided that the quorum for a hearing shall be two members of the Panel); and (B) subject to subsection (b), require by subpoena or otherwise provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Panel, or such portion thereof, may determine advisable. (2) Open to the public.--Hearings and other activities conducted under paragraph (1) shall be open to the public unless the Panel, or, on the authority of the Panel, any portion thereof, determines that such is not appropriate, including for reasons relating to the disclosure of information or material regarding the national security interests of the United States or the disclosure of sensitive law enforcement data. (b) Subpoenas.-- (1) Issuance.-- (A) In general.--A subpoena may be issued under this subsection only-- (i) by the two co-chairmen; or (ii) by the affirmative recorded vote of six members of the Panel. (B) Signature.--Subpoenas issued under this subsection may be-- (i) issued under the signature of the two co-chairmen or any member designated by a majority of the Panel; and (ii) served by any person designated by the two co-chairmen or by any member designated by a majority of the Panel. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as contempt of that court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena, the Panel may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (c) Personnel.-- (1) In general.--The Panel shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions specified in such section, except to the extent that such conditions would be inconsistent with the requirements of this section. (2) Compensation.--The co-chairmen, in accordance with rules agreed upon by the Panel, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Panel to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Detailees.--Any employee of the Federal Government may be detailed to the Panel without reimbursement from the Panel, and such detailee shall retain the rights, status, and privileges of the employee's regular employment without interruption. (4) Expert and consultant services.--The Panel is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Panel may accept and use voluntary and uncompensated services as the Panel determines necessary. (d) Security Clearances.--The appropriate departments or agencies of the Federal Government shall cooperate with the Panel in expeditiously providing to the Panel members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (e) Contracting.--The Panel may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Panel to carry out its duties under this Act. (f) Postal Services.--The Panel may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (g) Support Services.--Upon request of the Panel, the Administrator of General Services shall provide the Panel, on a reimbursable basis, with the administrative support services necessary for the Panel to carry out its duties under this Act. Such administrative services may include human resource management, budget, leasing, accounting, and payroll services. (h) Rules of Procedure.--The Panel may establish rules for the conduct of the Panel's business, if such rules are not inconsistent with this Act or other applicable law. (i) Nonapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel. (j) Termination.--The Panel shall terminate on the date that is 60 days after the date of the submission of its final report. SEC. 7. REPORTS TO CONGRESS. (a) Interim Report.--Not later than one year after the date of the appointment of all the members of the Panel, the Panel shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an interim report, including the results and findings of the assessment and examination carried out in accordance with section 5. (b) Other Reports and Briefings.--The Panel may from time to time submit to the committees specified in subsection (a) such other reports and briefings relating to the assessment and examination carried out in accordance with section 5 as the Panel considers appropriate. Such committees may request information on the Panel's progress as it conducts its work. (c) Final Report.--Not later than two years after the date of the appointment of all the members of the Panel, the Panel shall submit to the committees specified in subsection (a) a final report on the assessment and examination carried out in accordance with section 5. Such final report shall-- (1) include the findings of the Panel; (2) identify lessons learned related to homeland security management issues; and (3) include specific recommendations related to-- (A) improving the efficiency and effectiveness of the management structure and capabilities, including the policies, practices, and procedures, of the Department of Homeland Security and its component agencies in carrying out the Department's management functions and mission to protect the United States; (B) reducing or eliminating unnecessary duplication in the management structure and capabilities of the Department and its component agencies; (C) options, as appropriate, to reduce or eliminate harmful waste and duplication of effort in the Department; and (D) developing measures to evaluate the Department's progress in reducing and eliminating waste and duplication from its management structure and capabilities. Passed the House of Representatives November 27, 2012. Attest: KAREN L. HAAS, Clerk.

DHS Accountability Act of 2012 - Establishes in the legislative branch an independent advisory panel to: (1) comprehensively assess the management structure and capabilities related to the Department of Homeland Security (DHS), and (2) make recommendations to improve the efficiency and effectiveness of DHS management. Directs the panel to examine: (1) the efficiency and effectiveness of the management structure and capabilities, including the policies, practices, and procedures, of DHS and its component agencies in carrying out management functions, such as program acquisition, financial management, information technology, human capital issues, performance measurement, and risk management efforts, related to homeland security; (2) the extent to which unnecessary duplication exists in such management structure and capabilities and how any such duplication negatively affects the mission of protecting the United States; (3) the extent to which management of key homeland security missions is centralized under DHS; (4) options to reduce or eliminate harmful waste and duplication of effort in DHS; and (5) measures to evaluate DHS's progress in reducing and eliminating waste and duplication from its management structure and capabilities. Urges the panel to consult and leverage the work performed and recommendations made by the Government Accountability Office (GAO) on DHS management structure and capabilities. Directs the panel to submit a final report on its findings and recommendations within two years of the appointment of its members. Terminates the panel 60 days after submission of such report.

To create an independent advisory panel to comprehensively assess the management structure and capabilities related to the Department of Homeland Security and make recommendations to improve the efficiency and effectiveness of the management of the Department.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Escheatment Act of 1993''. SEC. 2. DISPOSITION OF UNCLAIMED DISTRIBUTIONS. Title VI of the Act entitled ``An Act to increase deposit insurance from $20,000 to $40,000, to provide full insurance for public unit deposits of $100,000 per account, to establish a National Commission on Electronic Fund Transfers, and for other purposes.'' and approved October 28, 1974 (12 U.S.C. 2501 et seq.) is amended-- (1) by striking the title heading and inserting the following: ``TITLE VI--DISPOSITION OF ABANDONED MONEY ORDERS AND TRAVELER'S CHECKS AND OTHER UNCLAIMED DISTRIBUTIONS ``Subtitle A--Disposition of Abandoned Money Orders and Traveler's Checks''; and (2) by adding at the end the following new subtitle: ``Subtitle B--Disposition of Other Unclaimed Distributions ``SEC. 611. CONGRESSIONAL FINDINGS. ``The Congress finds that-- ``(1) banks and other intermediaries hold securities which are registered in the street name or nominee name of banks or other intermediaries; ``(2) a very small percentage of the dividends, interest, and other distributions made by issuers of securities is unable to be transmitted by the banks and other intermediaries because the intermediaries do not know the identities or addresses of the beneficial owners; ``(3) this small percentage of unclaimed distributions nonetheless amounts to a substantial sum of money annually; and ``(4) as a matter of equity among the several States, the State entitled to such unclaimed distributions should be the State in which the principal executive offices of the issuer of such distribution are maintained. ``SEC. 612. DEFINITIONS. ``For purposes of this subtitle, the following definitions shall apply: ``(1) Beneficial owner.--The term `beneficial owner' means any person who holds an ownership interest in a security and is entitled to receive the economic benefits of ownership. ``(2) Distribution.--The term `distribution' means the payment of a dividend or interest or any other transfer of money, securities, or value made with respect to a security, including a transfer of any ownership interest in such security and any payment of principal with respect to such security. ``(3) Holder.--The term `holder' means a person in possession of all or part of a distribution who is not the beneficial owner of the security with respect to which a distribution is made, including banks, depositories, brokerage firms, and other financial intermediaries. ``(4) Issuer.--The term `issuer' means a corporation, partnership, trust, or governmental entity, including a federally chartered or foreign entity, that issues equity or debt securities. ``(5) Principal executive offices.-- ``(A) In general.--Except as provided in subparagraph (B), the term `principal executive offices' means-- ``(i) the offices identified as the principal executive offices in the most recent filing, as required under section 13 of the Securities Exchange Act of 1934, during the 12- month period ending on the date immediately prior to the date of payment of such distribution; ``(ii) in any case in which principal executive offices were not identified or required to be identified in a filing described in clause (i), or where no filing was required, the offices identified as the principal executive offices in-- ``(I) the most recent required filing with a Federal regulatory agency; or ``(II) if no filing described in subclause (I) was required, any other filing with a self-regulatory agency (as defined in section 3(26) of the Securities Exchange Act of 1934); and ``(iii) in any case in which no filing described in clause (i) or (ii) was made, the offices identified by the holder. ``(B) State and municipal issuers.--In the case of any issuer that is a State or States, or a political subdivision thereof, the principal executive offices shall be deemed to be located within such State or States. ``(6) Security.--The term `security' has the same meaning as in section 2 of the Securities Act of 1933. ``(7) State.--The term `State' has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. ``SEC. 613. STATE ENTITLEMENT TO ESCHEAT OR CUSTODY. ``(a) Escheat or Custody to State in Which the Principal Executive Offices of the Issuer Are Located.-- ``(1) In general.--Subject to paragraph (2), if-- ``(A) the books and records of the holder of a distribution paid on a security do not contain the last-known address of the beneficial owner of such security; or ``(B) the last-known address of the beneficial owner of a security, as contained on the books and records of the holder of a distribution paid with respect to such security, is in a State that does not provide for the escheat or custodial taking of any distribution with respect to such security or is in a foreign country; such distribution shall be subject to escheat or custodial taking only by the State in which the principal executive offices of the issuer of the security are located, to the extent that the laws of such State relating to the escheat or custodial taking of unclaimed property authorize the State to take possession of such distribution. ``(2) Recovery by state described in paragraph (1)(b).--If a law that provides for the escheat or custodial taking of any distribution by any State described in paragraph (1)(B) is enacted by or otherwise takes effect in such State at any time after a distribution has escheated to or has been taken into the custody of another State pursuant to paragraph (1), the State described in paragraph (1)(B) shall have the right to recover such distribution (other than amounts paid by the other State to the beneficial owner) from the other State for disposition in accordance with such law. ``(b) Escheat or Custody to State in Which the Principal Executive Offices of the Holder Are Located.-- ``(1) In general.--Subject to paragraph (2), if, in any case described in subparagraph (A) or (B) of subsection (a)(1)-- ``(A) the books and records of the holder of a distribution do not contain the identity of the issuer of the security with respect to which the distribution was made; or ``(B) the principal executive offices of the issuer of the security with respect to which the distribution was made are in a State which does not provide for the escheat or custodial taking of any distribution with respect to such security or are in a foreign country; such distribution shall be subject to escheat or custodial taking only by the State in which the principal executive offices of the holder of the distribution are located, to the extent that the laws of such State relating to the escheat or custodial taking of unclaimed property authorize the State to take possession of such distribution. ``(2) Recovery by state described in paragraph (1)(b).--If a law that provides for the escheat or custodial taking of any distribution by a State described in paragraph (1)(B) is enacted by or otherwise takes effect in such State at any time after a distribution has escheated to or has been taken into the custody of another State pursuant to paragraph (1), the State described in paragraph (1)(B) shall have the right to recover such distribution (other than amounts paid by the other State to the beneficial owner) from the other State for disposition in accordance with such law. ``(c) Determination of Identification and Addresses of Beneficial Owners, Issuers, and Holders.-- ``(1) In general.--With respect to any unclaimed distribution in the possession of a holder, the holder's determination of-- ``(A) the identity and address of the beneficial owner of the security with respect to which such distribution was made; ``(B) the issuer of such security; and ``(C) the location of the principal executive offices; shall be prima facie evidence for purposes of this subtitle. In making such determinations, the holder shall make reasonable efforts to review its books and records, publicly available information, and databases containing such information. ``(2) Burden of showing otherwise.--The burden shall rest upon any State seeking to contest a holder's determination in accordance with paragraph (1) to demonstrate, at the cost of such State, that the books and records of the holder, other publicly available information, or databases identify a different State. ``(3) Beneficial owner unknown.--For purposes of this subsection, a holder's determination, after reasonable inquiry, that its books and records do not contain the identity or last- known address of the beneficial owner of the security with respect to which a distribution was made shall be conclusive evidence that its books and records do not contain such identity or address. ``(d) Distributions in Event of Principal Executive Offices in More Than 1 State.--If an issuer or holder identifies principal executive offices in more than 1 State, each State identified as the location of a principal executive office shall be entitled to escheat or to take custodially on a pro rata basis to the extent that the laws of such State relating to the escheat or custodial taking of unclaimed property authorize the State to take possession of a distribution. ``SEC. 614. CHANGES IN PRINCIPAL EXECUTIVE OFFICES DESIGNATION. ``No issuer may change the issuer's designation of principal executive offices in any filing described in section 612(5)(A) for the sole purpose of altering the entitlement of any State to escheatment or custodial possession of property subject to this subtitle. ``SEC. 615. SCOPE OF APPLICATION. ``(a) In General.--Section 613 shall apply to all unclaimed distributions (other than amounts paid to the beneficial owner) without regard to the date on which any such distribution was made by the issuer or whether any distribution was paid over by a holder to 1 or more States. ``(b) Other Application.--With respect to distributions that escheated to or were taken into custody by a State before the date of enactment of the Equitable Escheatment Act of 1993-- ``(1) those distributions described in section 613(a)(1) (other than amounts paid by such State to a beneficial owner) shall be subject to escheat or custodial taking by any other State in the manner provided in section 613(a); and ``(2) those distributions described in section 613(b)(1) (other than amounts paid by such State to a beneficial owner) shall be subject to escheat or custodial taking by any other State in the same proportion as the proportion which that other State is entitled to receive of the total distributions payable by such State under paragraph (1).''. SEC. 3. TECHNICAL AMENDMENTS. Sections 602 and 604 of title VI of the Act entitled ``An Act to increase deposit insurance from $20,000 to $40,000, to provide full insurance for public unit deposits of $100,000 per account, to establish a National Commission on Electronic Fund Transfers, and for other purposes.'' and approved October 28, 1974 (12 U.S.C. 2501 note, 2502) are amended by striking ``title'' and inserting ``subtitle'' each place such term appears.

Equitable Escheatment Act of 1993 - Amends specified Federal law to prescribe guidelines under which unclaimed distributions of security interests shall be subject to the custodial taking (escheatment) by the State which contains the principal executive offices of either the issuer or the holder of those securities.

Equitable Escheatment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Childhood Education Professional Improvement Act of 2013''. SEC. 2. PURPOSE. The purpose of this Act is to provide assistance to States to improve the knowledge, credentials, compensation, and professional development of early childhood educators working with children in early childhood education programs. SEC. 3. DEFINITIONS. In this Act: (1) The term ``early childhood education program'' means a Head Start Program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), a State-funded prekindergarten program, a licensed child care serving prekindergarten children, and special education preschool. (2) The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PROGRAM AUTHORIZED. The Secretary of Education, in consultation with the Secretary of Health and Human Services, is authorized to award grants to States to implement and administer the activities described in section 6. SEC. 5. APPLICATIONS. (a) In General.--Each State desiring a grant under this Act shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--Each application submitted under subsection (a) shall include a description of the State's comprehensive early childhood professional development system, including the following: (1) A description of how the State's system was developed in collaboration with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, the State agency responsible for administering childcare, the State Head Start collaboration director, the State educational agency, institutions of higher education, organizations that represent early childhood educators, and credible early childhood education professional organizations. (2) A designation of a State agency to administer the grant program. (3) A description of how the State's system provides-- (A) an oversight structure for the system; (B) professional standards and competencies; (C) a career lattice; (D) coordination with State higher education agencies, higher education accrediting bodies, and accredited two- and four-year institutions of higher education; (E) encouragement of articulation agreements between two- and four-year institutions of higher education and credit-bearing opportunities and articulation agreements that recognize prior learning and expertise; (F) more accessible higher education for working learners through offering of college courses at accessible time and locations, with particular attention to rural areas; (G) support to adult learners who are dual language learners, or come from low-income or minority communities; (H) use of workforce data to assess the State's workforce needs; and (I) its financing over time. SEC. 6. STATE USE OF FUNDS. A State that receives a grant under this Act shall ensure that grant funds are used to carry out the following: (1) To provide scholarships to cover the costs of tuition, fees, materials, transportation, paid substitutes, and release time for preschool teachers employed in an early childhood education program to pursue a bachelor's degree in early childhood education or a closely related field. (2) To support preschool teachers employed in an early childhood education program, and who have obtained a bachelor's degree in a field other than early childhood education or a closely related field, to attain a credential, licensure, or endorsement that demonstrates competence in early childhood education. (3) To increase compensation for teachers who are enrolled and making progress toward a degree in early childhood education and to provide parity of compensation upon completion of such degree and retention in the early childhood education program. (4) To provide ongoing professional development opportunities to preschool teachers and teacher assistants employed in an early childhood education program that address-- (A) all areas of child development and learning (cognitive, social, emotional, and physical); (B) teacher-child interaction; (C) family engagement; and (D) cultural competence for working with a diversity of children (including children with special needs and dual language learners) and families. SEC. 7. SUPPLEMENT NOT SUPPLANT. Grant funds provided under this Act shall supplement, and not supplant, other Federal, State, and local funds that are available for early childhood educator preparation and professional development. SEC. 8. MAINTENANCE OF EFFORT. A State that receives funds under this Act for a fiscal year shall maintain the fiscal effort provided by the State for the activities supported by the funds under this Act at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years 2014 through 2019.

Early Childhood Education Professional Improvement Act of 2013 - Authorizes the Secretary of Education to award grants to states to: provide scholarships that enable preschool teachers employed in an early childhood education program to pursue a bachelor's degree in early childhood education or a closely related field; support preschool teachers employed in an early childhood education program to attain a credential, licensure, or endorsement that demonstrates competence in early childhood education if their bachelor's degree is not in that or a closely related field; increase the compensation of teachers who are making progress toward a degree in early childhood education or who have attained that degree; and provide ongoing professional development opportunities to preschool teachers and teacher assistants employed in an early childhood education program. Requires each state that desires a grant to include a description of its comprehensive early childhood professional development system in its application. Requires grant recipients to maintain their fiscal effort for the activities supported by the grant funds for a fiscal year at levels equal to or greater than their fiscal effort for such activities during the preceding fiscal year.

Early Childhood Education Professional Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homecoming Enhancement Research and Oversight (HERO) Act''. SEC. 2. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER READJUSTMENT NEEDS OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM AND THEIR FAMILIES. (a) Findings.--Congress makes the following findings: (1) The order on April 11, 2007 to extend the tour of duty for members of the Army on active duty in Operation Iraqi Freedom and Operation Enduring Freedom to 15 months is placing additional strains on the wellness of members of the Armed Forces and their families back home. (2) 20,000 United States troops have been deployed at least 5 times since the war effort began. 70,000 have been deployed at 3 least times. (3) Sixty percent of deployed members of the Armed Forces have family responsibilities. (4) More than 500,000 children have one or more parents deployed in support of the Global War on Terror (GWOT) at any given time. (5) It is estimated that more than 2,700 children in the United States have lost a parent in Operation Iraqi Freedom or Operation Enduring Freedom. (6) Women now comprise 16 percent of the all voluntary military force, yet there is a lack of research on the psychological needs and readjustment concerns of female military personnel. (7) Members of the Armed Forces who have screened positive for a mental health disorder were twice as likely as members who have screened negative for a mental health disorder to report concern about possible stigmatization and other barriers to accessing care. Among members of the Armed Forces who screened positive for a mental health disorder, only between 23 percent and 40 percent have sought care. (8) As many as one quarter of all members of the Armed Forces returning from a combat zone have less visible psychological injuries. (9) On average, more than 20 percent of wounded members of the Armed Forces have a Traumatic Brain Injury (TBI). (10) More than a decade passed between the end of the conflict in Vietnam and the publication by the Federal Government of its landmark study on the readjustment needs of veterans of that conflict. The impacts of the wars in Iraq and Afghanistan on members of the Armed Forces, former members of the Armed Forces, and their families must be rigorously researched and addressed without a wait of 10 years. (b) Study Required.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, enter into an agreement with the National Academy of Sciences for a study on the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom or Operation Enduring Freedom and their families as a result of such deployment. (c) Phases.--The study required under subsection (b) shall consist of two phases: (1) A preliminary phase, to be completed not later than 180 days after the date of the enactment of this Act-- (A) to identify preliminary findings on the physical and mental health and other readjustment needs described in subsection (b) and on gaps in care for the members, former members, and families described in that subsection; and (B) to determine the parameters of the second phase of the study under paragraph (2). (2) A second phase, to be completed not later than three years after the date of the enactment of this Act, to carry out a comprehensive assessment, in accordance with the parameters identified under the preliminary report required by paragraph (1), of the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom or Operation Enduring Freedom and their families as a result of such deployment, including, at a minimum-- (A) an assessment of the psychological, social, and economic impacts of such deployment on such members and former members and their families; (B) an assessment of the particular impacts of multiple deployments in Operation Iraqi Freedom or Operation Enduring Freedom on such members and former members and their families; (C) an assessment of the full scope of the neurological, psychiatric, and psychological effects of Traumatic Brain Injury on members and former members of the Armed Forces, including the effects of such effects on the family members of such members and former members, and an assessment of the efficacy of current treatment approaches for Traumatic Brain Injury in the United States and the efficacy of screenings and treatment approaches for Traumatic Brain Injury within the Department of Defense and the Department of Veterans Affairs; (D) an assessment of the effects of undiagnosed injuries such as Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury, and an estimate of the long-term costs associated with such injuries; (E) an assessment of the particular needs and concerns of female members of the Armed Forces and female veterans; (F) an assessment of the particular needs and concerns of minority members of the Armed Forces and minority veterans; (G) an assessment of the particular educational and vocational needs of such members and former members and their families; (H) the development, based on such assessments, of recommendations for programs, treatments, or policy remedies targeted at preventing, minimizing or addressing the impacts, gaps and needs identified; and (I) the development, based on such assessments, of recommendations for additional research on such needs. (d) Populations To Be Studied.--The study required under subsection (b) shall consider the readjustment needs of each population of individuals as follows: (1) Members of the regular components of the Armed Forces who are returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring Freedom. (2) Members of the National Guard and Reserve who are returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring Freedom. (3) Veterans of Operation Iraqi Freedom or Operation Enduring Freedom. (4) Family members of the members and veterans described in paragraphs (1) through (3). (e) Access to Information.--The National Academy of Sciences shall have access to such personnel, information, records, and systems of the Department of Defense and the Department of Veterans Affairs as the National Academy of Sciences requires in order to carry out the study required under subsection (b). (f) Privacy of Information.--The National Academy of Sciences shall maintain any personally identifiable information accessed by the Academy in carrying out the study required under subsection (b) in accordance with all applicable laws, protections, and best practices regarding the privacy of such information, and may not permit access to such information by any persons or entities not engaged in work under the study. (g) Reports.-- (1) Reports by national academy of sciences.--Upon the completion of each phase of the study required under subsection (b), the National Academy of Sciences shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report on such phase of the study. (2) Reports by secretary of defense.--The Secretary of Defense shall submit to Congress a comprehensive report on each phase of the study required under subsection (b) not later than 30 days after the date of the completion of such phase of the study. Each report shall set forth the report of the National Academy of Sciences on the phase of the study concerned under paragraph (1) and include such other information as the Secretary considers appropriate. (3) Public availability of reports.--The Secretary of Defense shall make available to the public each report submitted to Congress under paragraph (2), including by posting an electronic copy of such report on the Internet website of the Department of Defense that is available to the public. (h) DoD and VA Response to NAS Reports.-- (1) Preliminary response.--Not later than 45 days after the receipt of a report under subsection (g)(1) on each phase of the study required under subsection (b), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a preliminary joint Department of Defense-Department of Veterans Affairs plan to address the findings and recommendations of the National Academy of Sciences contained in such report. The preliminary plan shall provide preliminary proposals on the matters set forth in paragraph (3). (2) Final response.--Not later than 90 days after the receipt of a report under subsection (g)(1) on each phase of the study required under subsection (b), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a final joint Department of Defense-Department of Veterans Affairs plan to address the findings and recommendations of the National Academy of Sciences contained in such report. The final plan shall provide final proposals on the matters set forth in paragraph (3). (3) Covered matters.--The matters set forth in this paragraph with respect to a phase of the study required under subsection (b) are as follows: (A) Modifications of policy or practice within the Department of Defense and the Department of Veterans Affairs that are necessary to address gaps in care or services as identified by the National Academy of Sciences under such phase of the study. (B) Modifications of policy or practice within the Department of Defense and the Department of Veterans Affairs that are necessary to address recommendations made by the National Academy of Sciences under such phase of the study. (C) An estimate of the costs of implementing the modifications set forth under subparagraphs (A) and (B), set forth by fiscal year for at least the first five fiscal years beginning after the date of the plan concerned. (4) Reports on responses.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report setting forth each joint plan developed under paragraphs (1) and (2). (5) Public availability of responses.--The Secretary of Defense and the Secretary of Veterans Affairs shall each make available to the public each report submitted to Congress under paragraph (4), including by posting an electronic copy of such report on the Internet website of the Department of Defense or the Department of Veterans Affairs, as applicable, that is available to the public. (6) GAO audit.--Not later than 45 days after the submittal to Congress of the report under paragraph (4) on the final joint Department of Defense-Department of Veterans Affairs plan under paragraph (2), the Comptroller General of the United States shall submit to Congress a report assessing the contents of such report under paragraph (4). The report of the Comptroller General under this paragraph shall include-- (A) an assessment of the adequacy and sufficiency of the final joint Department of Defense-Department of Veterans Affairs plan in addressing the findings and recommendations of the National Academy of Sciences as a result of the study required under subsection (b); (B) an assessment of the feasibility and advisability of the modifications of policy and practice proposed in the final joint Department of Defense-Department of Veterans Affairs plan; (C) an assessment of the sufficiency and accuracy of the cost estimates in the final joint Department of Defense-Department of Veterans Affairs plan; and (D) the comments, if any, of the National Academy of Sciences on the final joint Department of Defense- Department of Veterans Affairs plan. (i) Authorization of Appropriations.--There is hereby authorized to be appropriated to the Department of Defense such sums as may be necessary to carry out this section.

Homecoming Enhancement Research and Oversight (HERO) Act - Directs the Secretary of Defense to enter into an agreement with the National Academy of Sciences for a study of the physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operations Iraqi Freedom or Enduring Freedom, and their families. Requires: (1) reports, from the Academy to the Secretaries of Defense and Veterans Affairs and from the Secretary to Congress, on such study; (2) the public availability of the reports; (3) such Secretaries to develop a joint plan to address report findings; and (4) the public availability of the Secretaries' response.

A bill to provide for a comprehensive national research effort on the physical and mental health and other readjustment needs of the members of the Armed Forces and veterans who served in Operation Iraqi Freedom and Operation Enduring Freedom and their families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), which established the Cascade- Siskiyou National Monument, created unique regulatory and statutory overlays with respect to the Monument; (2) compensating lessees that voluntarily waive their grazing leases and end livestock grazing on Federal land in and near the Monument would provide lessees new economic opportunities, including opportunities to-- (A) restructure ranch operations; (B) start new businesses; or (C) retire with security; (3) regardless of the legal merits of continued grazing on the Monument, there is support from the ranching, environmental, and other local communities and government officials for a fair and equitable resolution of grazing conflicts; (4) the land exchange authorized under this Act is in the public interest because the exchange-- (A) furthers the protective purposes of the Monument; (B) provides for consolidated land ownership; (C) improves land and resource management; (D) decreases management costs; and (E) resolves public conflict; (5) the waiver of grazing leases under this Act is not intended to reflect on-- (A) the legal or ecological merit of continued grazing within the Monument; or (B) the merit of proposals to limit or retire grazing permits in the State of Oregon or any other State; and (6) designating certain portions of the Monument as wilderness would ensure that an increasing population, expanding settlement, and increasing mechanization would not modify those portions in a manner that would cumulatively deny future generations the opportunity to the wilderness experience. (b) Purposes.--The purposes of this Act are-- (1) to maintain the economic viability of cattle ranching in the vicinity of the Monument; (2) to authorize the permanent retirement of certain grazing leases and associated allotments within and in the vicinity of the Monument; and (3) to protect unique ecological diversity and high quality outdoor recreational opportunities in the wildest portions of the Monument by designating the portions as the Soda Mountain Wilderness. SEC. 3. DEFINITIONS. In this Act: (1) Bureau of land management land.--The term ``Bureau of Land Management land'' means the approximately 40 acres of land under the jurisdiction of the Bureau of Land Management in the Monument, as generally depicted on the land exchange map. (2) Grazing allotment.--The term ``grazing allotment'' means the Box R, Buck Lake, Buck Mountain, Buck Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and Soda Mountain grazing allotments in the State. (3) Grazing lease.--The term ``grazing lease'' means any document authorizing the use of a grazing allotment for the purpose of grazing domestic livestock for commercial purposes. (4) Land exchange map.--The term ``land exchange map'' means the map entitled ``Box R Ranch Land Exchange'' and dated [___], 2006. (5) Landowner.--The term ``Landowner'' means Box-R Ranch in the State. (6) Lessee.--The term ``lessee'' means a livestock operator that holds a valid term grazing lease for a grazing allotment. (7) Livestock.--The term ``livestock'' does not include beasts of burden used for recreational purposes in the Monument. (8) Monument.--The term ``Monument'' means the Cascade- Siskiyou National Monument in the State. (9) Range development.-- (A) In general.--The term ``range development'' means any structure, fence, water development, or other permanent fixture placed on a grazing allotment relating to grazing domestic livestock. (B) Exclusions.--The term ``range development'' does not include any rolling stock, livestock, or diversions of water from Federal land onto non-Federal land. (10) Rowlett parcel.--The term ``Rowlett parcel'' means the parcel of approximately 40 acres of private land, as depicted on the land exchange map. (11) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (12) State.--The term ``State'' means the State of Oregon. (13) Wilderness.--The term ``Wilderness'' means the Soda Mountain Wilderness designated by section 6(a). (14) Wilderness map.--The term ``wilderness map'' means the map entitled ``Soda Mountain Wilderness'' and dated [____], 2006. SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM. (a) Existing Grazing Leases.-- (1) Waiver.--The Secretary-- (A) shall, subject to the availability of funds, offer to provide compensation to a lessee in exchange for the waiver by a lessee of a grazing lease; and (B) if the lessee accepts the offer in accordance with this section, shall, not later than 30 days after the date on which the lessee accepts the offer, simultaneously-- (i) provide to the lessee the compensation specified in paragraph (2); (ii) terminate the grazing lease waived; and (iii) permanently retire the associated grazing allotment or portion of the grazing allotment from livestock grazing use. (2) Amount of compensation.--Compensation for the waiver of a grazing lease under paragraph (1) shall be equal to $300 per authorized animal unit month. (3) Partial allotment retirements.--If a lessee offers to waive only the Monument portion of a grazing lease for a grazing allotment that is partially in the Monument, the Secretary shall, at full Federal expense, construct and maintain a fence to exclude livestock from the portion of the grazing allotment that is within the boundaries of the Monument. (4) Joint lease.--If a grazing allotment is jointly leased to more than 1 lessee-- (A) the Secretary shall not accept waiver of a joint grazing lease unless all lessees subject to the grazing lease exercise the option to waive the grazing lease under paragraph (1); or (B) if the option is not exercised by all the lessees under paragraph (1), the Secretary shall-- (i) in communication, consultation, and cooperation with any lessees that do not exercise the option under paragraph (1), construct and maintain a fence at Federal expense for the purpose of keeping livestock within a reduced area of the grazing allotment that is commercially and seasonally proportional with the remaining authorized animal unit months in the grazing allotment, including private land used as exchange of use on the date of enactment of this Act; and (ii) accept the waived portion of the joint lease from any joint lessees that have exercised the option under paragraph (1). (5) Limitations.--The Secretary-- (A) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument as of the date of enactment of this Act-- (i) shall not issue grazing leases; and (ii) shall permanently retire the allotments from livestock grazing use; and (B) shall not establish any new allotments that include-- (i) any Federal land within a grazing allotment or an allotment described in subparagraph (A); or (ii) any Monument land (whether leased or not leased for grazing on the date of enactment of this Act). (6) Deadline.--To waive a grazing lease in accordance with this section, a lessee shall exercise the right to waive the grazing lease by not later than the date that is 3 years after the date of enactment of this Act. (7) Effect of waiver.--A lessee who receives compensation for voluntarily waiving a grazing lease under this section shall be considered to have waived any claim to all range developments on the associated grazing allotments. (8) Donation of grazing leases.-- (A) In general.--Nothing in this section prevents a lessee from donating to the Secretary, at any time, a grazing lease without Federal compensation, in accordance with this section. (B) Acceptance by.--If a lessee donates a grazing lease to the Secretary, the Secretary shall accept the donation in accordance with clauses (ii) and (iii) of paragraph (1)(B). (b) Additional Allocations.--Beginning on the date of enactment of this Act, the Secretary shall not authorize any allotments for livestock grazing on Monument land that are not in existence on the date of enactment of this Act. SEC. 5. LAND EXCHANGE. (a) In General.--For the purpose of protecting and consolidating Federal land within the Monument, the Secretary-- (1) may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; and (2) if the Landowner accepts the offer, not later than 70 days after the date on which the Landowner conveys acceptable title to the Rowlett parcel to the Secretary, shall convey to the Landowner all right, title, and interest of the United States in and to the Bureau of Land Management land. (b) Surveys.-- (1) In general.--The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary. (2) Costs.--The Secretary shall be responsible for paying the costs of-- (A) any survey conducted under paragraph (1); and (B) any other administrative costs relating to the land exchange authorized under this section. (c) Conditions.-- (1) In general.--The conveyance of Bureau of Land Management land and the Rowlett parcel under subsection (a) shall be subject to valid existing rights. (2) Title approval.--Title to the Rowlett parcel shall conform with the title approval standards applicable to Federal land acquisitions. (d) Applicable Law.-- (1) In general.--Except as otherwise provided in this section, the conveyance of Bureau of Land Management land under this section is subject to any laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management. (2) Exemption.--The exchange of land authorized under this section shall not-- (A) require the promulgation of additional regulations by the Secretary; or (B) be subject to the notice and comment provisions of section 553 of title 5, United States Code. SEC. 6. SODA MOUNTAIN WILDERNESS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 23,000 acres of Monument land, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ``Soda Mountain Wilderness''. (b) Map and Legal Description.-- (1) Submission of map and legal description.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Resources of the House of Representatives. (2) Force and effect.-- (A) In general.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical error in the map or legal description. (B) Notification.--The Secretary shall submit to Congress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change. (3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; (B) the Office of the Oregon State Director of the Bureau of Land Management; and (C) the Medford District Office of the Bureau of Land Management. (c) Administration of Wilderness.-- (1) In general.--Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act. (2) Fire, insect, and disease management activities.--The Secretary may take such measures in the Wilderness as are necessary to control and prevent fire, insects, and diseases, as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the guidelines contained in [the Report of the Committee on Interior and Insular Affairs (H. Report 98-40) to accompany the California Wilderness Act of 1984 (Public Law 98- 425; 16 U.S.C. 1131 note).] (3) Livestock.-- (A) Administration.--Except as provided in section 4 and Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), any grazing of livestock and the maintenance of range development in the Wilderness established before the date of enactment of this Act shall be permitted to continue in accordance with-- (i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (B) Retirement of certain permits.--On the retirement of any grazing lease applicable to any portion of the Wilderness, grazing of domestic livestock in the applicable portion of the Wilderness shall be prohibited. (4) Fish and wildlife management.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife on public land in the State. (5) Adjacent management.-- (A) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness. (B) Activities outside wilderness.--The fact that a nonwilderness activity or use can be seen or heard from the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness. SEC. 7. EFFECT. Nothing in this Act-- (1) affects the authority of a Federal agency to otherwise modify or terminate grazing permits or leases without compensation; (2) authorizes the use of eminent domain; (3) creates a property right in any grazing permit or lease on Federal land; (4) establishes a precedent for future grazing permit or lease buyout programs; or (5) affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a private individual, partnership, or corporation. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary-- (1) $2,000,000 to provide compensation to lessees that waive grazing leases under section 4; and (2) $1,500,000 for fence construction and other methods of livestock control in and near the Monument, of which $150,000 shall be made available for fiscal year 2007 and each fiscal year thereafter (adjusted for inflation) for the purpose of preventing domestic livestock from entering the Federal land described in section 4(a). (b) Limitation.--None of the amounts made available under subsection (a) shall be used by any Federal agency for administrative costs incurred in carrying out this Act. (c) Availability.--Amounts made available under subsection (a) shall remain available until expended.

Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act - Directs the Secretary of the Interior to offer compensation, equal to $300 per authorized animal unit month, to a lessee in exchange for the lessee's waiver of a lease to use a grazing allotment to graze domestic livestock for commercial purposes in the Cascade-Siskiyou National Monument, Oregon. Requires the Secretary to terminate any grazing lease waived and permanently retire the associated grazing allotment (or allotment portion) from livestock grazing use. Allows a landowner to donate a grazing lease to the Secretary without receiving compensation. Prohibits the Secretary from issuing a grazing license on specified allotments in and near the Monument, and requires the Secretary to retire such allotments permanently. Authorizes the Secretary to offer to convey to the Box R Ranch, and to convey if the offer is accepted, certain Bureau of Land Management land in exchange for the Rowlett parcel. Designates approximately 23,000 acres of Monument land as the Soda Mountain Wilderness in the National Wilderness Preservation System. Grandfathers existing grazing leases on such land, but prohibits grazing in the applicable Wilderness portion upon retirement of any such lease.

A bill to authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument land as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stewart Lee Udall Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Stewart Lee Udall was born on January 31, 1920, in Saint Johns, Arizona, the son of former Arizona Supreme Court Justice Levi Stewart Udall and Louise Lee Udall. (2) Stewart L. Udall began serving his country in 1942, when he joined the United States Army Air Corps (predecessor of the United States Air Force) in World War II, serving as an enlisted B24 waist gunner in Italy. He flew more than 50 missions over Western Europe over four years, receiving the Air Medal with three Oak Leaf Clusters. (3) After coming home from war, Stewart L. Udall returned to the University of Arizona where he received a bachelors and law degree and was admitted to the Arizona State Bar. After graduating from law school, he began his own private practice and eventually established the law firm of Udall and Udall with his brother Morris K. Udall. (4) Stewart L. Udall's first elected office was as a member of the Amphitheater School Board (1951), where he participated in desegregating the Amphitheater School District before the United States Supreme Court ruling in Brown v. Board of Education. (5) Beginning in 1954, Stewart L. Udall was elected to serve four terms as United States Representative from Arizona's second district. (6) Upon the 1960 Presidential election, President Kennedy appointed Stewart L. Udall as Secretary of the Interior. He maintained this position for eight years, where his accomplishments under Presidents Kennedy and Johnson made him a hero for the environmental and conservation communities. (7) Among the legislative accomplishments during his cabinet career, Stewart L. Udall helped guide numerous landmark environmental measures through Congress, including the Wilderness Act of 1964, the Land and Water Conservation Fund Act of 1965, the Endangered Species Preservation Act of 1966, the National Trail System Act of 1968, the Solid Waste Disposal Act of 1965, the Wild and Scenic Rivers Act of 1968, and the Clear Air, Water Quality and Clean Water Restoration Acts and Amendments. (8) Furthermore, Secretary Udall was a coauthor of the Economic Opportunity Act of 1964. This legislation created several new social programs that helped promote the health, education, and general welfare of the impoverished. Some of the programs remaining today include Head Start and the Job Corps. (9) As Secretary of the Interior in the Kennedy and Johnson administrations, Stewart L. Udall expanded the National Park Service by presiding over the acquisition of 3.85 million acres of new holdings, including 4 national parks (Canyonlands in Utah, Redwood in California, North Cascades in Washington State, and Guadalupe Mountains in Texas), 6 national monuments, 9 national recreation areas, 20 historic sites, 50 wildlife refuges, and 8 national seashores. (10) Furthermore, Stewart L. Udall established the Bureau of Outdoor Recreation to coordinate all Federal outdoor programs. (11) In September 1966, Secretary Stewart Udall announced the creation of Project EROS, which led the United States to state of the art science and technology that includes Landsat, the longest running acquisition of satellite imagery. Project EROS began as a revolutionary program that utilized earth- orbiting satellites that map the planet to gather data about the Earth's natural resources along with changes in weather and climate. (12) During his tenure as Secretary of the Interior, Stewart L. Udall also became a champion of the arts, convincing President Kennedy to invite the renowned poet Robert Frost to speak at his inauguration and setting in motion initiatives that led to the creation of the Kennedy Center, Wolf Trap Farm Park, the National Endowments for the Arts and the Humanities, and the revived Ford's Theatre. (13) Additionally, while Stewart L. Udall was Secretary of the Interior, he continued to fight against segregation, when he threatened to refuse the all-white Washington Redskins access to the new DC stadium, of which he was the Federal landlord. (14) After he left government service, Stewart L. Udall continued helping the American people by becoming a crusader for victims of radiation exposure (particularly Native Americans) resulting from the government's Cold War nuclear programs. He helped to pass the Radiation Exposure Compensation Act in 1990, which was signed by President George Bush. (15) Moreover, Stewart L. Udall was a prolific writer, penning countless articles, essays, and op-eds. He also co- authored nine books, and wrote nine of his own, including the seminal title in the conservation movement, ``The Quiet Crisis''. (16) Among his many honors, Stewart L. Udall was a recipient of the Ansel Adams Award, the Wilderness Society's highest conservation award, the Common Cause Public Service Achievement Award for his lifelong protection of the environment and the defense of American citizens who were victims of nuclear weapons testing, and the United Nations Gold Medal for Lifetime Achievement. (17) Until his passing in 2010, Stewart L. Udall continued his devotion to public service as an author, historian, scholar, lecturer, environmental activist, lawyer, and citizen of the outdoors. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Stewart Lee Udall, in recognition of his contributions to the nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to 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. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Stewart Lee Udall Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Stewart Lee Udall, in recognition of his contributions to the nation.

To award posthumously a Congressional Gold Medal to Stewart Lee Udall, in recognition of his contributions to the nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Use Disorder Treatment Expansion and Modernization Act''. SEC. 2. FINDING. The Congress finds that opioid use disorder has become a public health epidemic that must be addressed by increasing awareness and access to all treatment options for opioid use disorder, overdose reversal, and relapse prevention. SEC. 3. OPIOID USE DISORDER TREATMENT MODERNIZATION. (a) In General.--Section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)) is amended-- (1) in subparagraph (B), by striking clauses (i), (ii), and (iii) and inserting the following: ``(i) The practitioner is a qualifying practitioner (as defined in subparagraph (G)). ``(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to provide directly, by referral, or in such other manner as determined by the Secretary-- ``(I) all schedule III, IV, and V drugs, as well as unscheduled medications approved by the Food and Drug Administration, for the treatment of opioid use disorder, including such drugs and medications for maintenance, detoxification, overdose reversal, and relapse prevention, as available; and ``(II) appropriate counseling and other appropriate ancillary services. ``(iii)(I) The total number of such patients of the practitioner at any one time will not exceed the applicable number. Except as provided in subclause (II), the applicable number is 30. ``(II) The applicable number is 100 if, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients. ``(III) The Secretary may by regulation change such total number. ``(IV) The Secretary may exclude from the applicable number patients to whom such drugs or combinations of drugs are directly administered by the qualifying practitioner in the office setting. ``(iv) If the Secretary by regulation increases the total number of patients which a qualifying practitioner is permitted to treat pursuant to clause (iii)(II), the Secretary shall require such a practitioner to obtain a written agreement from each patient, including the patient's signature, that the patient-- ``(I) will receive an initial assessment and treatment plan and periodic assessments and treatment plans thereafter; ``(II) will be subject to medication adherence and substance use monitoring; ``(III) understands available treatment options, including all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder, including their potential risks and benefits; and ``(IV) understands that receiving regular counseling services is critical to recovery. ``(v) The practitioner will comply with the reporting requirements of subparagraph (D)(i)(IV).''; (2) in subparagraph (D)-- (A) in clause (i), by adding at the end the following: ``(IV) The practitioner reports to the Secretary, at such times and in such manner as specified by the Secretary, such information and assurances as the Secretary determines necessary to assess whether the practitioner continues to meet the requirements for a waiver under this paragraph.''; (B) in clause (ii), by striking ``Upon receiving a notification under subparagraph (B)'' and inserting ``Upon receiving a determination from the Secretary under clause (iii) finding that a practitioner meets all requirements for a waiver under subparagraph (B)''; and (C) in clause (iii)-- (i) by inserting ``and shall forward such determination to the Attorney General'' before the period at the end of the first sentence; and (ii) by striking ``physician'' and inserting ``practitioner''; (3) in subparagraph (G)-- (A) by amending clause (ii)(IV) to read as follows: ``(IV) The physician has, with respect to the treatment and management of opiate-dependent patients, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. Such training shall address-- ``(aa) opioid maintenance and detoxification; ``(bb) appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder; ``(cc) initial and periodic patient assessments (including substance use monitoring); ``(dd) individualized treatment planning; overdose reversal; relapse prevention; ``(ee) counseling and recovery support services; ``(ff) staffing roles and considerations; ``(gg) diversion control; and ``(hh) other best practices, as identified by the Secretary.''; and (B) by adding at the end the following: ``(iii) The term `qualifying practitioner' means-- ``(I) a qualifying physician, as defined in clause (ii); or ``(II) during the period beginning on the date of the enactment of the Opioid Use Disorder Treatment Expansion and Modernization Act and ending on the date that is 3 years after such date of enactment, a qualifying other practitioner, as defined in clause (iv). ``(iv) The term `qualifying other practitioner' means a nurse practitioner or physician assistant who satisfies each of the following: ``(I) The nurse practitioner or physician assistant is licensed under State law to prescribe schedule III, IV, or V medications for the treatment of pain. ``(II) The nurse practitioner or physician assistant satisfies one or more of the following: ``(aa) Has completed not fewer than 24 hours of initial training addressing each of the topics listed in clause (ii)(IV) (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Assistants, or any other organization that the Secretary determines is appropriate for purposes of this subclause. ``(bb) Has such other training or experience as the Secretary determines will demonstrate the ability of the nurse practitioner or physician assistant to treat and manage opiate-dependent patients. ``(III) The nurse practitioner or physician assistant is supervised by or works in collaboration with a qualifying physician, if the nurse practitioner or physician assistant is required by State law to prescribe medications for the treatment of opioid use disorder in collaboration with or under the supervision of a physician. The Secretary may review and update the requirements for being a qualifying other practitioner under this clause.''; and (4) in subparagraph (H)-- (A) in clause (i), by inserting after subclause (II) the following: ``(III) Such other elements of the requirements under this paragraph as the Secretary determines necessary for purposes of implementing such requirements.''; and (B) by amending clause (ii) to read as follows: ``(ii) Not later than 1 year after the date of enactment of the Opioid Use Disorder Treatment Expansion and Modernization Act, the Secretary shall update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. The Secretary shall update such protocol in consultation with experts in opioid use disorder research and treatment.''. (b) Recommendation of Revocation or Suspension of Registration in Case of Substantial Noncompliance.--The Secretary of Health and Human Services may recommend to the Attorney General that the registration of a practitioner be revoked or suspended if the Secretary determines, according to such criteria as the Secretary establishes by regulation, that a practitioner who is registered under section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)) is not in substantial compliance with the requirements of such section, as amended by this Act. (c) Opioid Defined.--Section 102(18) of the Controlled Substances Act (21 U.S.C. 802(18)) is amended by inserting ``or `opioid''' after ``The term `opiate'''. (d) Reports to Congress.-- (1) In general.--Not later than 2 years after the date of enactment of this Act and not less than over every 5 years thereafter, the Secretary of Health and Human Services, in consultation with the Drug Enforcement Administration and experts in opioid use disorder research and treatment, shall-- (A) perform a thorough review of the provision of opioid use disorder treatment services in the United States, including services provided in opioid treatment programs and other specialty and nonspecialty settings; and (B) submit a report to the Congress on the findings and conclusions of such review. (2) Contents.--Each report under paragraph (1) shall include an assessment of-- (A) compliance with the requirements of section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)), as amended by this Act; (B) the measures taken by the Secretary of Health and Human Services to ensure such compliance; (C) whether there is further need to increase or decrease the number of patients a waivered practitioner is permitted to treat, as provided for by the amendment made by subsection (a)(1); (D) the extent to which, and proportions with which, the full range of Food and Drug Administration- approved treatments for opioid use disorder are used in routine health care settings and specialty substance use disorder treatment settings; (E) access to, and use of, counseling and recovery support services, including the percentage of patients receiving such services; (F) changes in State or local policies and legislation relating to opioid use disorder treatment; (G) the use of prescription drug monitoring programs by practitioners who are permitted to dispense narcotic drugs to individuals pursuant to a waiver under section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)); (H) the findings resulting from inspections by the Drug Enforcement Administration of practitioners described in subparagraph (G); and (I) the effectiveness of cross-agency collaboration between Department of Health and Human Services and the Drug Enforcement Administration for expanding effective opioid use disorder treatment. SEC. 4. SENSE OF CONGRESS. It is the Sense of Congress that, with respect to the total number of patients that a qualifying physician (as defined in subparagraph (G)(iii) of section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)) can treat at any one time pursuant to such section, the Secretary of Health and Human Services should consider raising such total number to 250 patients following a third notification to the Secretary of the need and intent of the physician to treat up to 250 patients that is submitted to the Secretary not sooner than 1 year after the date on which the physician submitted to the Secretary a second notification to treat up to 100 patients. SEC. 5. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES. (a) In General.--Section 309 of the Controlled Substances Act (21 U.S.C. 829) is amended by adding at the end the following: ``(f) Partial Fills of Schedule II Controlled Substances.-- ``(1) Partial fills.-- ``(A) In general.--A prescription for a controlled substance in schedule II may be partially filled if-- ``(i) it is not prohibited by State law; ``(ii) the prescription is written and filled in accordance with the Controlled Substances Act (21 U.S.C. 801 et seq.), regulations prescribed by the Attorney General, and State law; ``(iii) the partial fill is requested by the patient or the practitioner that wrote the prescription; and ``(iv) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed. ``(B) Other circumstances.--A prescription for a controlled substance in schedule II may be partially filled in accordance with section 1306.13 of title 21, Code of Federal Regulations (as in effect on the date of enactment of the Reducing Unused Medications Act of 2016). ``(2) Remaining portions.-- ``(A) In general.--Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II-- ``(i) may be filled; and ``(ii) shall be filled not later than 30 days after the date on which the prescription is written. ``(B) Emergency situations.--In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II-- ``(i) may be filled; and ``(ii) shall be filled not later than 72 hours after the prescription is issued.''. (b) Rule of Construction.--Nothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to be partially filled. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.

Opioid Use Disorder Treatment Expansion and Modernization Act (Sec. 3) This bill amends the Controlled Substances Act to revise the requirements for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, a practitioner must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician (i.e., a state-licensed physician with certain expertise), has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. The patient limit is how many patients the practitioner can treat under the office-based treatment program at one time. This legislation expands qualifying practitioners to include nurse practitioners and physician assistants who are licensed in a state, have expertise (such as relevant training or expertise), and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Additionally, it requires a qualifying practitioner to also certify that he or she will comply with reporting requirements and has the capacity to provide directly or by referral, or in another manner prescribed by HHS, all drugs approved by the Food and Drug Administration to treat opioid use disorder. HHS may issue regulations to change the maximum patient limit for a qualifying practitioner. If HHS increases the limit, then a qualifying practitioner must additionally certify that he or she will obtain written consent from each patient regarding available treatment options. HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. HHS may recommend revoking or suspending the registration of a practitioner who fails to comply with the requirements of this Act. (Sec. 4) The bill expresses the sense of Congress that HHS should consider raising from 100 to 250 the maximum patient limit for a qualifying physician. (Sec. 5) It amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as a prescription opioid painkiller) if: (1) it is not prohibited by state law, (2) it is prescribed in accordance with existing laws and regulations, (3) it is requested by the patient or prescribing practitioner, and (4) the total quantity dispensed in partial fillings does not exceed the total quantity prescribed. Additionally, a pharmacist may partially fill a prescription for a schedule II controlled substance in other circumstances in accordance with existing Drug Enforcement Administration (DEA) regulations. (Current DEA regulations permit partial fills when a pharmacist cannot supply a full quantity, a patient resides in a long-term care facility, or a patient is terminally ill.) The remaining of a partially filled prescription may be filled within 30 days or, in the case of an emergency situation, within 72 hours.

Opioid Use Disorder Treatment Expansion and Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chiropractic Medicare Freedom and Benefit Protection Act''. SEC. 2. MEDICARE CHIROPRACTIC SERVICES. (a) Separate Treatment of Chiropractors.--Section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)) is amended-- (1) by striking ``, or (5)'' and all that follows and inserting a period; and (2) by inserting ``or'' before ``(4)''. (b) Inclusion of Chiropractic Services as Medical and Other Health Services.--Section 1861(s)(2) of such Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V)(iii), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) chiropractic services (as defined in subsection (ww)(1));''. (c) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``chiropractic services; chiropractor ``(ww)(1)(A) The term `chiropractic services' means only for the purpose of subsections (s)(1) and (s)(2)(A) clinically necessary care by means of adjustment of the spine (to correct a subluxation) performed by a chiropractor legally authorized to perform such adjustment by the State or jurisdiction in which such care is provided. ``(B) For purposes of subparagraph (A), care is clinically necessary when examination by a chiropractor demonstrates objective evidence of a subluxation. Such examination may include-- ``(i) physical examination; ``(ii) radiological examination; and ``(iii) specialized diagnostic instruments used in the practice of chiropractic. ``(C) For purposes of subparagraph (A), the term `subluxation' means a complex of any or all of the following articular changes that compromise neural integrity and may influence organ system function and general health: ``(i) Functional. ``(ii) Structural. ``(iii) Pathological. ``(2) The term `chiropractor' means an individual who is licensed as a chiropractor by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), and who meets uniform minimum standards promulgated by the Secretary.''. (d) Payment as Physicians' Services.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (e) Conforming Amendments.--(1) Section 1834(m) of such Act (42 U.S.C. 1395m(m)) is amended by inserting ``, a chiropractor (as defined in section 1861(ww)(2))'' after ``a physician (as defined in section 1861(r))''. (2) Section 1852(j)(3)(D) of such Act (42 U.S.C. 1395w-22(j)(3)(D)) is amended by inserting ``, a chiropractor (as defined in section 1861(ww)(2))'' after ``a physician (as defined in section 1861(r))''. (3) Section 1802(b)(5)(C) of such Act (42 U.S.C. 1395a(b)(5)(C) is amended to read as follows: ``(C) Practitioner.--The term `practitioner' has the meaning given such term by section 1842(b)(18)(C), and includes `chiropractor' as that term is defined in continuing care retirement community 1861(ww)(2).''. (4) Section 1832(a)(2)(C) of such Act (42 U.S.C. 1395k(a)(2)(C)) is amended by inserting before the term ``outpatient physical therapy services'' the following: ``chiropractic services as defined in section 1861(ww)(1)''. (5) Section 1835(a)(2) of such Act (42 U.S.C. 1395n(a)(2)) is amended by inserting after ``physician'' the first place it appears the following: ``or for purposes of chiropractic services (as defined in section 1861(ww)(1)), a chiropractor,''. (6) Section 1842(a) of such Act (42 U.S.C. 1395u(a)) is amended by inserting ``chiropractic services (as defined in section 1861(ww)(1)'' after ``physician's services''. (7) Section 1842(h) of such Act (42 U.S.C. 1395u(h)) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician'' each place it appears. (8) Section 1842(r) of such Act (42 U.S.C. 1395u(r)) is amended by inserting ``chiropractor (as defined in section 1861(ww)(2))'' after ``physician''. (9) Section 1847(d) of such Act (42 U.S.C. 1395w-3(d)) is amended by inserting ``chiropractic services (as defined in section 1861(ww)(1))'' after ``physicians' services''. (10) Section 1852 of such Act (42 U.S.C. 1395w-22) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician'' each place it appears. (11) Section 1862(a)(20) of such Act (42 U.S.C. 1395y(a)(20)) is amended by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``physician's professional services''. (12) Section 1866(a)(1)(N)(ii) of such Act (42 U.S.C. 1395cc(a)(1)(N)(ii)) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician'' each place it appears. (13) Section 1868(a) of such Act (42 U.S.C. 1395ee(a)) is amended by inserting ``and chiropractor (as defined in section 1861(ww)(2))'' after ``physician''. (14) Section 1869(b)(1)(F) of such Act (42 U.S.C. 1395ff(b)(1)(F)) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician''. (15) Section 1876(b)(2)(i) of such Act (42 U.S.C. 1395mm(b)(2)(i)) is amended by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``physicians' services''. (16) Section 1877 of such Act (42 U.S.C. 1395nn) is amended-- (1) in subsection (a)(1)(A) by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician''; and (2) in subsection (b)(1)-- (A) in the heading to read as follows: ``Physicians' and chiropractic services''; and (B) by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``in section 1861(q))''. (17) Section 1887(a)(1)(A) of such Act (42 U.S.C. 1395xx(a)(1)(A)) is amended by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``which constitute professional medical''. (18) Section 1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``chiropractic services (as defined in section 1861(ww)(1)),'' after ``physicians' services''. (19) Section 1891(a)(2)(F) of such Act (42 U.S.C. 1395bbb(a)(2)(F)) is amended by inserting before the period at the end the following: ``or chiropractor (as defined in section 1861(ww)(2))''.

Chiropractic Medicare Freedom and Benefit Protection Act - Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act to: (1) revise the definition of chiropractor, specifying the scope of chiropractic services that may be furnished under Medicare, namely, those which are clinically necessary care when examination by a chiropractor demonstrates objective evidence of a subluxation; and (2) provide for payment of chiropractic services as physicians' services.

To amend title XVIII of the Social Security Act to clarify the scope of chiropractic services that may be furnished under the Medicare Program and that chiropractors are the only health care professionals qualified under that program to furnish those services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``5-Star Generals Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Army Command and General Staff College, founded in 1881, has in its many evolutionary forms, served this country consistently and well for 127 years. (2) The Command and General Staff College has played a decisive role in the education and training of officers, particularly in their field grade years of service, in times of war and peace, since its establishment. (3) The Command and General Staff College has had a salutatory effect on many fields of battle by providing its officer student bodies the necessary skills of battle management, leadership development, and the most modern and effective command and staff action procedures, all of which have been key to this Nations' success in its many conflicts which, thereby, have preserved its freedoms and way of life. (4) The Command and General Staff College, the Nations' oldest military staff college, does not have a commemorative coin cast in celebrating its long and honorable history, displaying its heritage, and serving as a reminder to the holder of such coins the service to the Nation its graduates have provided in war and peace. (5) The United States Army Command and General Staff College is the Nation's largest and oldest military staff college, continuing to educate officers from all United States branches of military services, select members of our civil government, and officers from many friendly and allied nations from around the globe. Located in the middle of the American heartland, will continue to serve as a beacon of light to the proposition of intellectual curiosity and professional military excellence in the development of its students, and serve as a link to American citizenry grateful for the sacrifices, some in the fullest measure of duty and devotion to the Nation, made by the graduates of its Command and Staff College. (6) The Command and General Staff College Foundation, Inc. (in this Act referred to as the ``Foundation'') is dedicated to promoting excellence in he faculty and students of the United States Army Command and General Staff College. Seeking new ways to educate and remind our citizens regarding the capable and selfless service of our military officers, and to imbue in them a sense of pride in those who bear the burden of military leadership in our Nation's wars and in times of peace. (7) The Foundation is a nongovernmental, member-based, and publicly supported nonprofit organization that is entirely dependent on funds from members, donations, and grants for its functions and supports exclusively the United States Army Command and General Staff College. (8) The Foundation uses funding to provide the Margin of Excellence to the programs and activities of the College in support of the educational needs of the Nation's field grade officer corps, and the faculty and staff attendant thereto. (9) In 2006, the Secretary of the Army accepted the first Foundation gift to the College in support of the Command and General Staff College. (10) The Foundation is actively engaged in the initial stages of its first capital campaign to support the Command and General Staff College. (11) The 5 5-Star Generals who attended or taught at the Command and General Staff College; include Douglas MacArthur, George C. Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, and Omar N. Bradley. (12) Douglas macarthur, general of the army.-- (A) General MacArthur was a distinguished soldier, scholar, and strategist who gave sixty-one years of service to his country. (B) He commanded the 42d Division in World War I, and later served as the Chief of the Army General Staff. Prior to retirement, he was the Military Advisor to the Commonwealth of the Philippines. (C) In 1941, he was recalled to active duty as Commanding General, United States Army Far East. (D) He was awarded the Medal of Honor for his heroic defense of the Philippines. (E) After being ordered to depart the Philippines by the President, he inspired the world with his statement, ``I shall return.''. (F) Forces under his command defeated those of the Empire of Japan. (G) After accepting the Japanese surrender, he directed the highly successful reconstruction of the Japanese nation, and served as the first commander of United Nations Forces during the Korean War. (H) General MacArthur, son of General Arthur MacArthur, spent time as a child at Ft. Leavenworth and later in his career, he taught as a Captain in the Field Engineering School, and served as the adjutant, quartermaster, and commanding officer of the 3d Engineer Battalion (later reflagged as the 2d Engineer Battalion). (13) George c. marshall, general of the army.-- (A) General George C. Marshall entered the Army from the Virginia Military Institute in 1902. (B) During a long career of public service, he distinguished himself as a leader, tactician, strategist, statesman, and, truly, as the ``Organizer of Victory.'' (C) In World War I, he was regarded as one of the most talented staff officers in the United States Army. (D) After that war, and throughout the many long and challenging duties of the interwar years, he was appointed United States Army Chief of the General Staff in 1939. (E) During World War II, he achieved recognition as one of America's greatest military leaders. (F) As chief strategist of that global war, he materially assisted in directing the Allied Powers to victory. (G) In 1947 he was appointed Secretary of State for the United States and his outstanding career as a statesman proved equal to his brilliant military career. (H) He was awarded the Nobel Peace Prize for his conception and implementation of the European Recovery Program, and, subsequently, he served as the Secretary of Defense for 1 year. (I) General Marshall's service at Ft. Leavenworth included graduation from the United States Army School of the Line in 1907, the United States Army Staff College in 1908, followed by instructor duty at Ft. Leavenworth from in 1909 and 1910. (14) Henry h. arnold, general of the army.-- (A) General ``Hap'' Arnold is the only officer in the history of our country to earn the ranks of General of the Army and General of the Air Force. (B) General Arnold, a graduate of West Point in 1907, received his pilot training in 1911 from the Wright brothers in Dayton, Ohio. (C) He became one of our Nation's strongest advocates for air power, and personally held numerous records and trophies for flying achievements, to include the first delivery of United States mail by air. (D) Accomplishments in and from the air in the World Wars, particularly in World War II, were heavily influenced by his genius. (E) As a result of General Arnold's contributions, massed air power gave a third dimension to battles of World War II, swept the skies of the enemy, and denied him mobility on the ground. (F) One of General Arnold's citations reads in part: ``From conception to execution, General Arnold's leadership guided the mightiest air force in history.'' (G) General Arnold's service at Ft. Leavenworth was as a student at the Command and General Staff College, 1928-1929. (15) Dwight d. eisenhower, general of the army.-- (A) General Dwight D. Eisenhower, in 1915, began a career of distinguished public service reaching the highest positions of military and civil leadership in the United States. (B) During World War II, as Commander in Chief, Allied Expeditionary Force, he led the invasion of North Africa and defeated the German force on that continent. (C) In 1944, as Supreme Allied Commander, Allied Expeditionary Force, he was instructed: ``You will enter the continent of Europe, and, in conjunction with other United Nations, undertake operations aimed at the heart of Germany and the destruction of her armed forces.'' (D) In accomplishing this mission, he commanded the largest combination of land, sea and air forces in history. (E) Following World War II, he was instrumental in the development of the North Atlantic Treaty Organization. (F) After his brilliant military career he was elected 34th President of the United States. (G) His service at Ft. Leavenworth was 1917-1918 as a tactical instructor officer for a course for lieutenants and in 1925-1926 as a student at the Command and General Staff College from which he was the honor graduate of his class. (16) Omar n. bradley, general of the army.-- (A) Throughout his distinguished military career, General Omar N. Bradley was recognized as an exceptional leader, tactician, and educator. (B) As Commandant of the Infantry School, he developed the officer candidate program through which more than 45,000 combat leaders of World War II were commissioned. (C) During the war, he successfully commanded a division, corps, army, and army group. While commanding II Corps, he was instrumental in defeating German forces in North Africa and Sicily. (D) His successful career as a field commander reached a peak when, as commander of the 12th Army Group, he greatly assisted in the liberation of Europe. (E) This group contained the largest number of American to ever serve under one commander. He became the Army Chief of Staff in 1948 and the first Chairman of the Joint Chiefs of Staff in 1949. (F) General Bradley's service at Ft. Leavenworth was as a student at the Command and General Staff College, 1928-1929. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 5-Star Generals attendance and graduation from the Command and General Staff College, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold and Omar N. Bradley. (2) Designations and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) be selected by the Secretary after consultation with the Command and General Staff College Foundation, and the Commission of Fine Arts; and (2) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the three coins minted under this Act, at least one facility will be used to strike proof quality coins, while at least one other facility will be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Command and General Staff College Foundation to help finance their support of the Command and General Staff College. (c) Audits.--The Command and General Staff College 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 Foundation under subsection (b). (d) Limitation.--Notwithstanding subsection(a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

5-Star Generals Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition of five United States Army Five-Star Generals: George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas. Requires the design of the coins to include portraits of the generals. Restricts the issuance of such coins to calendar 2013. Requires specified surcharges in the sale of such coins, which shall be paid promptly to the Command and General Staff College Foundation to help finance its support of the College.

To require the Secretary of the Treasury to mint coins in recognition of 5 United States Army 5-Star Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas, to coincide with the celebration of the 132nd Anniversary of the founding of the United States Army Command and General Staff College.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Centennial Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Ronald Reagan Centennial Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) plan, develop, and carry out such activities as the Commission considers fitting and proper to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; (2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; (3) develop activities that may be carried out by the Federal Government to determine whether the activities are fitting and proper to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; and (4) submit to the President and Congress reports pursuant to section 7. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members as follows: (1) The Secretary of the Interior. (2) Four members appointed by the President after considering the recommendations of the Board of Trustees of the Ronald Reagan Foundation. (3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. (4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives. (5) Two Members of the Senate appointed by the majority leader of the Senate. (6) One Member of the Senate appointed by the minority leader of the Senate. (b) Ex Officio Member.--The Archivist of the United States shall serve in an ex officio capacity on the Commission to provide advice and information to the Commission. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Deadline for Appointment.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (e) Vacancies.--A vacancy on the Commission shall-- (1) not affect the powers of the Commission; and (2) be filled in the manner in which the original appointment was made. (f) Rates of Pay.--Members shall not receive compensation for the performance of their duties on behalf of the Commission. (g) Travel Expenses.--Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or his or her regular place of business, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings. (i) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.--The Commission shall appoint an executive director and such other additional personnel as are necessary to enable the Commission to perform its duties. (b) Applicability of Certain Civil Service Laws.--The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Federal Employees.--Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) Experts and Consultants.--The Commission may procure such temporary and intermittent services as are necessary to enable the Commission to perform its duties. (e) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 6. 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. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating its work. (e) Available Space.--Upon the request of the Commission, the Administrator of General Services shall make available nationwide to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to carry out its duties under this Act. (f) Contract Authority.--The Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act. SEC. 7. REPORTS. (a) Annual Reports.--The Commission shall submit to the President and the Congress annual reports on the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise. (b) Interim Reports.--The Commission may submit to the President and Congress interim reports as the Commission considers appropriate. (c) Final Report.--Not later than April 30, 2011, the Commission shall submit a final report to the President and the Congress containing-- (1) a summary of the activities of the Commission; (2) a final accounting of funds received and expended by the Commission; and (3) the findings, conclusions, and final recommendations of the Commission. SEC. 8. TERMINATION. The Commission may terminate on such date as the Commission may determine after it submits its final report pursuant to section 7(c), but not later than May 30, 2011. SEC. 9. ANNUAL AUDIT. The Inspector General of the Department of the Interior may perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS. No Federal funds may be obligated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Ronald Reagan Centennial Commission Act - Establishes the Ronald Reagan Centennial Commission to: (1) plan and carry out activities to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; (2) provide assistance to governmental agencies and civic groups to carry out such activities; and (3) develop other federal activities to honor Ronald Reagan. Prohibits the obligation of federal funds to carry out this Act.

To establish the Ronald Reagan Centennial Commission.

SECTION 1. PILOT PROGRAM ON ASSISTING VETERANS ORGANIZATIONS IN FACILITATING COMMUNITY REINTEGRATION OF VETERANS. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to demonstrate and assess the feasibility and advisability of delivering community reintegration support and services to veterans by assisting veterans organizations in developing and promoting peer support programs for veterans. (2) Designation.--The pilot program required by paragraph (1) shall be known as the ``Heroes Helping Heroes Program''. (b) Duration of Program.--The pilot program shall be carried out during the three-year period beginning on October 1, 2007. (c) Selection of Pilot Program Participants.-- (1) In general.--The Secretary shall select not more than 20 eligible entities to participate in the pilot program. (2) Application.--Each eligible entity seeking to participate in the pilot program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary shall require. (3) Selection.--The Secretary shall select participants in the pilot program from among the applicants under paragraph (1) that the Secretary determines-- (A)(i) have existing peer support programs that can be expanded or enhanced, and resources, for the delivery of community reintegration support and services to veterans (including mentoring programs, self-help groups, and Internet and other electronic- based peer support resources) that are suitable for the pilot program; or (ii) have the capacity, including the skill and resources necessary, to develop and maintain new peer support programs for the delivery of community reintegration support and services (including mentoring programs, self-help groups, and Internet and other electronic-based peer support resources) that are suitable for the pilot program; and (B) have a plan to continue such peer support programs after the pilot program ends. (d) Grants.-- (1) In general.--The Secretary shall award grants to pilot program participants to develop and promote peer support programs that deliver community reintegration support and services for veterans. (2) Amount.--The Secretary shall ensure that the average amount of the grant awarded under paragraph (1) to a pilot program participant is not more than $300,000 and not less than $100,000 per fiscal year. (3) Matching funds.--A recipient of a grant under paragraph (1) shall contribute towards the development and promotion of peer support programs that deliver community reintegration support and services to veterans an amount equal to not less than ten percent of the grant awarded to such recipient. (4) Duration.--The duration of any grant awarded under paragraph (1) may not exceed three years. (e) Use of Funds.--A grant awarded to a pilot program participant pursuant to subsection (d) shall be used by the pilot program participant for costs and expenses connected with the development and promotion of peer support programs that deliver community reintegration support and services to veterans, including costs and expenses of the following: (1) Program staff or a coordinator of volunteers, but not more than 50 percent of such grant award may be used for such purpose in any fiscal year of such pilot program. (2) Consultation services, but not more than 20 percent of such grant award may be used for such purpose in any fiscal year of such pilot program. (3) Program operations, including costs and expenses relating to the following: (A) Advertising and recruiting. (B) Printing. (C) Training of volunteers, veterans, and staff. (D) Incentives, such as food and awards. (E) Overhead expenses, but not more than ten percent of such grant award may be used for such purposes. (f) Technical Assistance.--In addition to the award of grants under subsection (d), the Secretary shall provide technical assistance to pilot program participants to assist them in developing and promoting peer support programs that deliver community reintegration support and services to veterans. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a veterans service organization; (B) a not-for-profit organization-- (i) the primary mission of which is to assist veterans; (ii) that has been in continuous operation for at least 12 months; and (iii) is not a veterans service organization; or (C) a partnership between an organization described in subparagraph (A) or (B) and an organization that is not described in subparagraph (A) or (B). (2) Pilot program participant.--The term ``pilot program participant'' means an eligible entity that is selected by the Secretary, in accordance with subsection (c), to participate in the pilot program under this section. (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Veterans Affairs to carry out this section, $4,500,000 for each of fiscal years 2008, 2009, and 2010.

Directs the Secretary of Veterans Affairs to carry out a three-year pilot program on the feasibility and advisability of delivering community reintegration support and services to veterans by assisting veterans organizations in developing and promoting veterans peer support. Designates the pilot program as the "Heroes Helping Heroes Program." Requires the Secretary to select up to 20 program participants, and to award grants to such participants in amounts from $100,000 to $300,000 per fiscal year. Requires grant recipients to contribute at least 10% of the grant funds awarded.

A bill to require a pilot program on assisting veterans service organizations and other veterans groups in developing and promoting peer support programs that facilitate community reintegration of veterans returning from active duty, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Foreign Influence Act''. SEC. 2. PROHIBITION ON LOBBYING FOR COUNTRIES OF PARTICULAR CONCERN. (a) Prohibition on Lobbying.--Section 207 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(m) Additional Restrictions Relating to Countries of Particular Concern.-- ``(1) In general.--In addition to the restrictions contained in subsection (f), any person who serves in a position described in paragraph (2) and who, within 10 years after leaving that position, knowingly-- ``(A) represents a country of particular concern before any Member, officer, or employee of either House of Congress, or any officer or employee of a department or agency of the executive branch, with the intent to influence a decision of such officer, employee, or Member, in his or her official capacity, or ``(B) aids or advises a country of particular concern with the intent to influence a decision of any Member, officer, or employee of either House of Congress, or any officer or employee of a department or agency of the executive branch, in his or her official capacity, shall be punished as provided in section 216 of this title. ``(2) Positions subject to restriction.-- ``(A) In general.--The positions referred to in paragraph (1) are the following: ``(i) The President. ``(ii) The Vice President. ``(iii) A Member of Congress. ``(iv) A covered appointee position. ``(B) Covered appointee position.--For purposes of this paragraph, an individual serves in a `covered appointee position' if the individual serves-- ``(i) except as provided in clause (ii), in a position in an Executive agency to which the individual was appointed by the President, by and with the advice and consent of the Senate; ``(ii) in a position that is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or higher; or ``(iii) in any of the following positions: ``(I) Deputy Director of National Intelligence. ``(II) Deputy Director of the Central Intelligence Agency. ``(III) Associate Deputy Director of the Central Intelligence Agency. ``(IV) The Director of the National Clandestine Service. ``(V) Chief of Station for the Central Intelligence Agency at an embassy or consulate of the United States. ``(3) Definitions.--As used in this subsection-- ``(A) the term `Executive agency' means an Executive agency as defined by section 105 of title 5, including the Executive Office of the President; ``(B) the term `Member of Congress' has the meaning given that term in subsection (e)(9) of this section; and ``(C) the term `country of particular concern' means-- ``(i) a country which, at any time during the 5-year period ending on the date an individual who serves in a position described in paragraph (2) represents, aids, or advises such country, is designated as a country of particular concern for religious freedom under section 402 of the International Religious Freedom Act of 1998 (22 U.S.C. 6442); and ``(ii) any entity owned or controlled, in whole or in part, by the government of a country described in clause (i).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any individual who, on or after the date of the enactment of this Act, leaves a position to which section 207(m) of title 18, United States Code (as added by subsection (a)), applies. SEC. 3. ELIMINATION OF 20-PERCENT EXEMPTION FOR FORMER PRESIDENTS, VICE PRESIDENTS, MEMBERS OF CONGRESS, AND OTHER EXECUTIVE BRANCH OFFICERS ENGAGING IN LOBBYING ON BEHALF OF COUNTRIES OF PARTICULAR CONCERN. (a) Elimination of Exemption.--Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. ``(B) Exception.--Subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. The previous sentence does not apply to an individual with respect to a client if the client is a country of particular concern (as defined in paragraph (3)(C) of section 207(m) of title 18, United States Code) and the individual held a position to which section 207(m) of title 18, United States Code, applies.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act.

Stop Foreign Influence Act This bill amends the federal criminal code to impose a 10-year post-employment lobbying ban on a former President, Vice President, Member of Congress, or specified intelligence appointee who knowingly represents, or aids or advises, a country of particular concern. The term "country of particular concern" means: (1) a country designated by the Department of State to be of particular concern for religious freedom violations, and (2) any entity owned or controlled by such country. Additionally, the bill amends the Lobbying Disclosure Act of 1995 to revise the definition of "lobbyist." Currently, a lobbyist is an individual who: (1) is employed or retained by a client for compensation, (2) makes more than one lobbying contact, and (3) spends at least 20% of the time working for that client on lobbying activities. This bill broadens the definition to include, as a lobbyist, an individual who spends less than 20% of the time working for that client on lobbying activities, if the client is a country of particular concern and if the individual is a former President, Vice President, Member of Congress, or specified intelligence appointee.

Stop Foreign Influence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Health Care in Rural America Act of 2002''. SEC. 2. MEDICARE INPATIENT PAYMENT ADJUSTMENT FOR LOW-VOLUME HOSPITALS. Section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) is amended by adding at the end the following new paragraph: ``(12) Payment adjustment for low-volume hospitals.-- ``(A) Payment adjustment.-- ``(i) In general.--Notwithstanding any other provision of this section, for each cost reporting period (beginning with the cost reporting period that begins in fiscal year 2003), the Secretary shall provide for an additional payment amount to each low- volume hospital (as defined in clause (iii)) for discharges occurring during that cost reporting period to increase the amount paid to such hospital under this section for such discharges by the applicable percentage increase determined under clause (ii). ``(ii) Applicable percentage increase.--The Secretary shall determine a percentage increase applicable under this paragraph that ensures that-- ``(I) no percentage increase in payments under this paragraph exceeds 25 percent of the amount of payment that would otherwise be made to a low-volume hospital under this section for each discharge (but for this paragraph); ``(II) low-volume hospitals that have the lowest number of discharges during a cost reporting period receive the highest percentage increase in payments due to the application of this paragraph; and ``(III) the percentage increase in payments due to the application of this paragraph is reduced as the number of discharges per cost reporting period increases. ``(iii) Low-volume hospital defined.--For purposes of this paragraph, the term `low-volume hospital' means, for a cost reporting period, a subsection (d) hospital (as defined in paragraph (1)(B)) other than a critical access hospital (as defined in section 1861(mm)(1)) that-- ``(I) the Secretary determines had an average of less than 800 discharges (determined with respect to all patients and not just individuals receiving benefits under this title) during the 3 most recent cost reporting periods for which data are available that precede the cost reporting period to which this paragraph applies; and ``(II) is located at least 10 miles from a similar hospital (or is deemed by the Secretary to be so located by reason of such factors as the Secretary determines appropriate, including the time required for an individual to travel to the nearest alternative source of appropriate inpatient care (taking into account the location of such alternative source of inpatient care and any weather or travel conditions that may affect such travel time)). ``(B) Prohibiting certain reductions.--Notwithstanding subsection (e), the Secretary shall not reduce the payment amounts under this section to offset the increase in payments resulting from the application of subparagraph (A).''. SEC. 3. FAIRNESS IN THE MEDICARE DISPROPORTIONATE SHARE HOSPITAL (DSH) ADJUSTMENT FOR RURAL HOSPITALS. (a) Equalizing DSH Payment Amounts.-- (1) In general.--Section 1886(d)(5)(F)(vii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(vii)) is amended by inserting ``, and, after October 1, 2002, for any other hospital described in clause (iv),'' after ``clause (iv)(I)''. (2) Conforming amendments.--Section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) is amended-- (A) in clause (iv)-- (i) in subclause (II), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (xiii)''; (ii) in subclause (III), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (xii)''; (iii) in subclause (IV), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (x) or (xi)''; (iv) in subclause (V), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (xi)''; and (v) in subclause (VI), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (x)''; (B) in clause (viii), by striking ``The formula'' and inserting ``For discharges occurring before October 1, 2002, the formula''; and (C) in each of clauses (x), (xi), (xii), and (xiii), by striking ``For purposes'' and inserting ``With respect to discharges occurring before October 1, 2002, for purposes''. (b) Effective Date.--The amendments made by this section shall apply with respect to discharges occurring on or after October 1, 2002. SEC. 4. CAPITAL INFRASTRUCTURE REVOLVING LOAN PROGRAM. (a) In General.--Part A of title XVI of the Public Health Service Act (42 U.S.C. 300q et seq.) is amended by adding at the end the following new section: ``capital infrastructure revolving loan program ``Sec. 1603. (a) Authority To Make and Guarantee Loans.-- ``(1) Authority to make loans.--The Secretary may make loans from the fund established under section 1602(d) to any rural entity for projects for capital improvements, including-- ``(A) the acquisition of land necessary for the capital improvements; ``(B) the renovation or modernization of any building; ``(C) the acquisition or repair of fixed or major movable equipment; and ``(D) such other project expenses as the Secretary determines appropriate. ``(2) Authority to guarantee loans.-- ``(A) In general.--The Secretary may guarantee the payment of principal and interest for loans made to rural entities for projects for any capital improvement described in paragraph (1) to any non-Federal lender. ``(B) Interest subsidies.--In the case of a guarantee of any loan made to a rural entity under subparagraph (A), the Secretary may pay to the holder of such loan and for and on behalf of the project for which the loan was made, amounts sufficient to reduce by not more than 3 percent of the net effective interest rate otherwise payable on such loan. ``(b) Amount of Loan.--The principal amount of a loan directly made or guaranteed under subsection (a) for a project for capital improvement may not exceed $5,000,000. ``(c) Funding Limitations.-- ``(1) Government credit subsidy exposure.--The total of the Government credit subsidy exposure under the Credit Reform Act of 1990 scoring protocol with respect to the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, under subsection (a) may not exceed $50,000,000 per year. ``(2) Total amounts.--Subject to paragraph (1), the total of the principal amount of all loans directly made or guaranteed under subsection (a) may not exceed $250,000,000 per year. ``(d) Capital Assessment and Planning Grants.-- ``(1) Nonrepayable grants.--Subject to paragraph (2), the Secretary may make a grant to a rural entity, in an amount not to exceed $50,000, for purposes of capital assessment and business planning. ``(2) Limitation.--The cumulative total of grants awarded under this subsection may not exceed $2,500,000 per year. ``(e) Termination of Authority.--The Secretary may not directly make or guarantee any loan under subsection (a) or make a grant under subsection (d) after September 30, 2007.''. (b) Rural Entity Defined.--Section 1624 of the Public Health Service Act (42 U.S.C. 300s-3) is amended by adding at the end the following new paragraph: ``(15) The term `rural entity' includes-- ``(A) a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act; ``(B) any medical facility with at least 1, but less than 80, beds that is located, for purposes of reimbursement under title XVIII of such Act, in-- ``(i) a county that is not part of a metropolitan statistical area; or ``(ii) a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)); ``(C) a hospital that is classified as a rural, regional, or national referral center under section 1886(d)(5)(C) of such Act; and ``(D) a hospital that is a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of such Act).''. (c) Conforming Amendments.--Section 1602 of the Public Health Service Act (42 U.S.C. 300q-2) is amended-- (1) in subsection (b)(2)(D), by inserting ``or 1603(a)(2)(B)'' after ``1601(a)(2)(B)''; and (2) in subsection (d)-- (A) in paragraph (1)(C), by striking ``section 1601(a)(2)(B)'' and inserting ``sections 1601(a)(2)(B) and 1603(a)(2)(B)''; and (B) in paragraph (2)(A), by inserting ``or 1603(a)(2)(B)'' after ``1601(a)(2)(B)''. SEC. 5. HIGH TECHNOLOGY ACQUISITION GRANT AND LOAN PROGRAM. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following section: ``SEC. 330I. HIGH TECHNOLOGY ACQUISITION GRANT AND LOAN PROGRAM. ``(a) Establishment of Program.--The Secretary, acting through the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, shall establish a high technology acquisition grant and loan program for the purpose of-- ``(1) improving the quality of health care in rural areas through the acquisition of advanced medical technology; ``(2) fostering the development of the networks described in section 330A; ``(3) promoting resource sharing between urban and rural facilities; and ``(4) improving patient safety and outcomes through the acquisition of high technology, including software, information services, and staff training. ``(b) Grants and Loans.--Under the program established under subsection (a), the Secretary, acting through the Director of the Office of Rural Health Policy, may award grants and make loans to any eligible entity (as defined in subsection (d)(1)) for any costs incurred by the eligible entity in acquiring eligible equipment and services (as defined in subsection (d)(2)). ``(c) Limitations.-- ``(1) In general.--Subject to paragraph (2), the total amount of grants and loans made under this section to an eligible entity may not exceed $100,000. ``(2) Federal sharing.-- ``(A) Grants.--The amount of any grant awarded under this section may not exceed 70 percent of the costs to the eligible entity in acquiring eligible equipment and services. ``(B) Loans.--The amount of any loan made under this section may not exceed 90 percent of the costs to the eligible entity in acquiring eligible equipment and services. ``(d) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a hospital, health center, or any other entity that the Secretary determines is appropriate that is located in a rural area or region. ``(2) Eligible equipment and services.--The term `eligible equipment and services' includes-- ``(A) unit dose distribution systems; ``(B) software, information services, and staff training; ``(C) wireless devices to transmit medical orders; ``(D) clinical health care informatics systems, including bar code systems designed to avoid medication errors and patient tracking systems; ``(E) telemedicine technology; and ``(F) any other technology that improves the quality of health care provided in rural areas including systems to improve privacy and address administrative simplification needs. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section there are authorized to be appropriated $20,000,000 for each of the fiscal years 2003 through 2008.''.

Preserving Health Care in Rural America Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) payment adjustment for low-volume hospitals; and (2) revision in the Medicare disproportionate share hospital (DSH) payment adjustment for rural hospitals equalizing DSH payment amounts.Amends the Public Health Service Act (PHSA) to establish: (1) a capital infrastructure revolving loan program under which the Secretary of Health and Human Services may make described loans to any rural entity for projects for capital improvements from the loan and loan guarantee fund under PHSA; and (2) a high technology acquisition grant and loan program under which the Secretary may award grants and make loans to any eligible entity for any costs incurred by the entity in acquiring eligible equipment and services for improving the quality of health care in rural areas.

A bill to improve health care in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``10 Million Solar Roofs and 10 Million Gallons of Solar Water Heating Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1)(A) there is huge potential for increasing the quantity of electricity produced in the United States from distributed solar photovoltaics and solar water heating systems; (B) the use of solar photovoltaics on the roofs of 10 percent of existing buildings could meet 70 percent of peak electric demand; and (C) a key barrier to increased deployment of solar photovoltaic and hot water heating systems is the upfront cost of capital, even though over time the systems are cost- effective; (2) investment in solar photovoltaics technology will create economies of scale that will allow the technology to deliver electricity at prices that are competitive with electricity from fossil fuels; (3) electricity produced from distributed solar photovoltaics helps to reduce greenhouse gas emissions, does not emit harmful air pollutants, such as mercury, sulfur dioxide, and nitrogen oxides, uses existing rooftop space, and does not require additional land for generation, thereby conserving natural resources and wildlife habitat; (4) electricity produced from distributed solar photovoltaics enhances national energy security and helps to meet peak power demand without requiring the construction and siting of new transmission infrastructure; (5) investments in renewable energy stimulate the development of green jobs in the United States that provide substantial economic benefits; (6)(A) rebate programs in several States have been successful in increasing the quantity of solar energy from distributed solar photovoltaics and solar water heating systems; (B) the State of California leads the United States in installed solar photovoltaic systems and has used rebate programs to promote the installation of more than 500 megawatts of grid-connected solar photovoltaics, with 226 megawatts installed during the 3-year period ending on the date of enactment of this Act due to the Solar Initiative of the State; (C) the State of New Jersey is second in the United States in installed solar photovoltaic systems and has used incentive programs to achieve 90 megawatts of installed solar capacity; (D) the State of Hawaii leads the United States in solar water heating systems installed, and will require all new homes to have solar water heating systems starting in 2010, which is projected to save the average household $600 annually and reduce the oil consumption of the State by 30,000 barrels in 2010 alone; and (E) the State of Florida has used consumer and business rebate programs for solar photovoltaic and solar water heating systems and is second in the United States in installed solar hot water systems; (7) despite inventing solar technology, the United States has fallen behind nations with less solar resources because those nations have set in place policies to promote solar energy, and the United States now ranks fourth in installed solar behind Germany, Spain, and Japan; (8) there are more than 1,500,000 solar water heating systems in the United States that rely on a free fuel source, the sun, to provide hot water, and there is enormous potential for additional solar hot water systems to displace fossil fuel use in water heating; and (9) homes in the United States spend more than $13,000,000,000 on energy for water heating, which is equivalent to 11.4 barrels of oil per home and accounts for approximately 30 percent of the carbon dioxide emissions of an average home, but solar water heating systems can reduce the cost of water heating and reduce residential carbon dioxide emissions. SEC. 3. REBATES FOR PURCHASE AND INSTALLATION OF PHOTOVOLTAIC SYSTEMS AND SOLAR WATER HEATING SYSTEMS. (a) In General.--The Secretary of Energy (referred to in this Act as the ``Secretary'') shall establish a program under which the Secretary shall provide rebates to eligible individuals or entities for the purchase and installation of solar photovoltaic systems and solar water heating systems for residential and commercial properties in order to install, over the 10-year period beginning on the date of enactment of this Act, at least-- (1) an additional 10,000,000 solar systems in the United States (as compared to the number of solar systems installed in the United States as of the date of enactment of this Act) with a cumulative capacity of at least 30,000 megawatts; and (2) an additional 200,000 solar water heating systems in the United States (as compared to the number of solar water heating systems installed in the United States as of the date of enactment of this Act) with a cumulative capacity of 10,000,000 gallons. (b) Eligibility.-- (1) In general.--To be eligible for a rebate under this section-- (A) the recipient of the rebate shall be a homeowner, business, nonprofit entity, or State or local government that purchased and installed a solar photovoltaic system or solar water heating system for a property located in the United States; and (B) the total capacity of the solar photovoltaic system for the property shall not exceed 2 megawatts. (2) Other incentives.--The Secretary shall issue guidance to participating solar installers and contractors to ensure that information is made available to rebate recipients on all available Federal, State, local, and other incentives for energy efficiency improvements that can be made in the buildings on the property at which the solar photovoltaic or hot water heating system is being installed. (3) Other entities.--After public review and comment, the Secretary may identify other individuals or entities located in the United States that qualify for a rebate under this section. (c) Amounts.-- (1) Solar photovoltaic systems.-- (A) In general.--Subject to subparagraph (B) and paragraph (3), the amount of a rebate provided to an eligible individual or entity for the purchase and installation of a solar photovoltaic system for a property under this section shall be a rebate per watt of installed capacity not to exceed the following amounts: Calendar year Dollar per watt 2010................................. 1.75 2011................................. 1.75 2012................................. 1.5 2013................................. 1.25 2014................................. 1 2015................................. 1 2016................................. 0.75 2017................................. 0.75 2018................................. 0.5 2019................................. 0.5. (B) Adjustments.--The Secretary may adjust the maximum amounts described in subparagraph (A)-- (i) to ensure deployment consistent with the purposes of this Act; and (ii) to respond to projected and actual market conditions. (2) Solar water heating systems.-- (A) In general.--Subject to subparagraph (B) and paragraph (3), the amount of a rebate provided to an eligible individual or entity for the purchase and installation of a solar water heating system under this section shall be not more than $1 for each watt thermal-equivalent of installed capacity during calendar year 2010. (B) Adjustments.--The Secretary shall ensure that the maximum amount described in subparagraph (A) decreases over time at a rate that is similar to the schedule described in paragraph (1)(A), and consistent with projected and actual market conditions and the purposes of this Act, for each watt thermal-equivalent of installed capacity. (3) Maximum amount.--The total amount of a rebate provided to an eligible individual or entity for the purchase and installation of a solar photovoltaic system or solar water heating system for a property under this section shall not exceed 50 percent of the remaining cost to the purchaser for the purchase and installation of the system (after consideration of all applicable Federal, State, and local incentives and tax credits). (d) Relationship to Other Law.--The authority provided under this section shall be in addition to any other authority under which credits or other types of financial assistance are provided for installation of a solar photovoltaic or solar water heating system for a property. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

10 Million Solar Roofs and 10 Million Gallons of Solar Water Heating Act of 2010 - Requires the Secretary of Energy to establish a program to provide rebates for the purchase and installation of solar photovoltaic systems and solar water heating systems for residential and commercial properties in order to install over 10 years at least : (1) an additional 10 million solar systems with a cumulative capacity of at least 30,000 megawatts; and (2) an additional 200,000 solar water heating systems with a cumulative capacity of 10 million gallons. Establishes rebate eligibility criteria and the amount of rebates.

A bill to increase the quantity of solar photovoltaic electricity by providing rebates for the purchase and installation of an additional 10,000,000 solar roofs and additional solar water heating systems with a cumulative capacity of 10,000,000 gallons by 2019.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Foreclosure Assistance Act of 2007''. SEC. 2. ADDITIONAL EMERGENCY CDBG FUNDING. (a) Appropriation.--There are authorized to be appropriated, and shall be appropriated, $1,000,000,000, to remain available until expended, for assistance to States, metropolitan cities, and urban counties (as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) in carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)-- (1) for necessary expenses related to the impact of housing foreclosures, and other related economic and community development activities; and (2) to provide foreclosure-based rental assistance for individual renters in the form of relocation assistance. (b) Limitation.-- (1) In general.--Except for counseling services none of the amounts appropriated under subsection (a) may be provided, directly or indirectly, to an individual homeowner for foreclosure prevention purposes, including for refinancing assistance, loans, or any other form of financial assistance. Such funds may be provided directly to a certified housing counseling service, which shall be considered as a subrecipient of such grant amounts. (2) Definition.--For purposes of paragraph (1), the term ``certified housing counseling service'' means a housing counseling agency approved by the Secretary of Housing and Urban Development pursuant to section 106(d) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(d)). SEC. 3. INCREASED PUBLIC SERVICES REQUIREMENT CAP. For purposes of this Act, paragraph (8) of section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) shall apply to the use of all funds appropriated or otherwise made available under this Act by substituting-- (1) ``25 per centum'' for ``15 per centum'' each place that term appears; and (2) ``25 percent'' for ``15 percent'' each place that term appears. SEC. 4. LOW AND MODERATE INCOME REQUIREMENT. At least 50 percent of the funds appropriated or otherwise made available under this Act shall benefit primarily persons of low- and moderate-income. SEC. 5. PLANS AND REPORTS. (a) Comprehensive Plan.--None of the funds appropriated or otherwise made available under this Act shall be used by any State, metropolitan city, or urban county until such time as that State, metropolitan city, or urban county submits to the Secretary of Housing and Urban Development, for approval by the Secretary, a comprehensive plan detailing the proposed use of all such funds. (b) Report on Use of Funds.--During the period of time that funds are being expended under this Act, each State, metropolitan city, or urban county receiving funds under this Act shall submit, on a quarterly basis, a report to the Secretary of Housing and Urban Development describing and accounting for the use of all such funds expended during the applicable period. SEC. 6. WAIVERS. (a) General Waiver.--In administering funds appropriated or otherwise made available under this Act, the Secretary of Housing and Urban Development shall 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 the use by the recipient of such funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by a State, metropolitan city, or urban county that such waiver is required to facilitate the use of such funds, and a finding by the Secretary that such waiver would not be inconsistent with the overall purpose of the statute. (b) Low and Moderate Income Requirement Waiver.--The Secretary of Housing and Urban Development may waive, upon the request of a State, metropolitan city, or urban county, the 50 percent requirement described under section 4. Such waiver shall, in the discretion of the Secretary, only be granted if a compelling need is demonstrated. (c) Public Services Cap.--The Secretary of Housing and Urban Development may waive, upon the request of a State, metropolitan city, or urban county, the public service requirement cap described under section 3. Such waiver shall, in the discretion of the Secretary, only be granted if a compelling need is demonstrated. (d) Other Waiver Provisions.-- (1) Publication in the federal register.--The Secretary of Housing and Urban Development shall publish in the Federal Register any waiver of any statute or regulation authorized under this section not later than 5 days before the effective date of such waiver. (2) Review of waiver.--Each waiver granted under this section by the Secretary of Housing and Urban Development shall be reconsidered, and if still necessary reauthorized by the Secretary, not later than 2 years after the date on which such waiver was first published in the Federal Register pursuant to paragraph (1). (3) Notification of committees.--The Secretary of Housing and Urban Development shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of any waiver granted or denied under this section not later than 5 days before such waiver is granted or denied. SEC. 7. NONCOMPLIANCE WITH COMMUNITY DEVELOPMENT REQUIREMENTS. For purposes of this Act, the provisions of section 111 of the Housing and Community Development Act of 1974 (42 U.S.C. 5311)(relating to noncompliance) shall apply to the use of all funds appropriated or otherwise made available under this Act. SEC. 8. GAO AUDIT. The Comptroller General of the United States shall-- (1) conduct an audit of the expenditure of all funds appropriated under this Act in accordance with generally accepted government auditing standards; and (2) submit a report detailing such audit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. SEC. 9. REPORTS. The Secretary of Housing and Urban Development shall report, on a quarterly basis, to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives on-- (1) the use of funds appropriated or otherwise made available under this Act, including-- (A) the number of households receiving counseling and rental assistance; (B) the outcomes of such assistance activities; (C) the names of those certified housing counseling service providing counseling assistance pursuant to this Act; and (D) such other information as the Secretary may deem appropriate; and (2) all steps taken by the Secretary to prevent fraud and abuse of such funds.

Community Foreclosure Assistance Act of 2007 - Makes appropriations for additional emergency Community Development Block Grant (CDBG) assistance to states, metropolitan cities, and urban counties to carry out CDBG programs under the Housing and Urban Development Act of 1974: (1) for necessary expenses related to the impact of housing foreclosures, and other related economic and community development activities; and (2) to provide foreclosure-based rental assistance for individual renters in the form of relocation assistance. Prohibits the direct or indirect provision of such funds, except for certified housing counseling services, to an individual homeowner for foreclosure prevention purposes, including refinancing assistance, loans, or any other form of financial assistance. Increases from 15% to 25% the maximum amount of CDBG funds a local government may use for public services under the Housing and Urban Development Act of 1974, including those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs. Requires at least 50% of CDBG funds appropriated or otherwise made available under this Act to benefit primarily persons of low- and moderate-income.

A bill to provide $1,000,000,000 in emergency Community Development Block Grant funding for necessary expenses related to the impact of foreclosures on communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Justice Technical and Legal Assistance Act of 1999''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) there is a government-to-government relationship between the United States and Indian tribes; (2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands; (3) the rate of violent crime committed in Indian country is approximately twice the rate of violent crime committed in the United States as a whole; (4) in any community, a high rate of violent crime is a major obstacle to investment, job creation and economic growth; (5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring the health and safety and the political integrity of tribal governments; (6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the most appropriate forums for the adjudication of disputes affecting personal and property rights on Native lands; (7) enhancing tribal court systems and improving access to those systems serves the dual Federal goals of tribal political self-determination and economic self-sufficiency; (8) there is both inadequate funding and an inadequate coordinating mechanism to meet the technical and legal assistance needs of tribal justice systems and this lack of adequate technical and legal assistance funding impairs their operation; (9) tribal court membership organizations have served a critical role in providing training and technical assistance for development and enhancement of tribal justice systems; (10) Indian legal services programs, as funded partially through the Legal Services Corporation, have an established record of providing cost effective legal assistance to Indian people in tribal court forums, and also contribute significantly to the development of tribal courts and tribal jurisprudence; and (11) the provision of adequate technical assistance to tribal courts and legal assistance to both individuals and tribal courts is an essential element in the development of strong tribal court systems. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) to carry out the responsibility of the United States to Indian tribes and members of Indian tribes by ensuring access to quality technical and legal assistance. (2) To strengthen and improve the capacity of tribal court systems that address civil and criminal causes of action under the jurisdiction of Indian tribes. (3) To strengthen tribal governments and the economies of Indian tribes through the enhancement and, where appropriate, development of tribal court systems for the administration of justice in Indian country by providing technical and legal assistance services. (4) To encourage collaborative efforts between national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems; non-profit entities which provide legal assistance services for Indian tribes, members of Indian tribes, and/or tribal justice systems. (5) To assist in the development of tribal judicial systems by supplementing prior Congressional efforts such as the Indian Tribal Justice Act (Public Law 103-176). SEC. 4. DEFINITIONS. For purposes of this Act: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (2) Indian lands.--The term ``Indian lands'' shall include lands within the definition of ``Indian country'', as defined in 18 U.S.C. 1151; or ``Indian reservations'', as defined in section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. 1452(d), or section 4(10) of the Indian Child Welfare Act, 25 U.S.C. 1903(10). For purposes of the preceding sentence, such section 3(d) of the Indian Financing Act shall be applied by treating the term ``former Indian reservations in Oklahoma'' as including only lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of Interior) and are recognized by such Secretary as eligible for trust land status under 25 CFR part 151 (as in effect on the date of enactment of this sentence). (3) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native entity, which administers justice or plans to administer justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians. (4) Judicial personnel.--The term ``judicial personnel'' means any judge, magistrate, court counselor, court clerk, court administrator, bailiff, probation officer, officer of the court, dispute resolution facilitator, or other official, employee, or volunteer within the tribal judicial system. (5) Non-profit entities.--The term ``non-profit entity'' or ``non-profit entities'' has the meaning given that term in section 501(c)(3) of the Internal Revenue Code. (6) Office of tribal justice.--The term ``Office of Tribal Justice'' means the Office of Tribal Justice in the United States Department of Justice. (7) Tribal justice system.--The term ``tribal court'', ``tribal court system'', or ``tribal justice system'' means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record. TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL ASSISTANCE GRANTS SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE GRANTS. Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to national or regional membership organizations and associations whose membership consists of judicial system personnel within tribal justice systems which submit an application to the Attorney General in such form and manner as the Attorney General may prescribe to provide training and technical assistance for the development, enrichment, enhancement of tribal justice systems, or other purposes consistent with this Act. SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS. Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined under section 501(c)(3) of the Internal Revenue Code, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of civil legal assistance to members of Indian tribes and tribal justice systems, and/or other purposes consistent with this Act. SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS. Subject to the availability of appropriations, the Attorney General, in consultation with the Office of Tribal Justice, shall award grants to non-profit entities, as defined by section 501(c)(3) of the Internal Revenue Code, which provide legal assistance services for Indian tribes, members of Indian tribes, or tribal justice systems pursuant to federal poverty guidelines that submit an application to the Attorney General in such form and manner as the Attorney General may prescribe for the provision of criminal legal assistance to members of Indian tribes and tribal justice systems, and/or other purposes consistent with this Act. Funding under this title may apply to programs, procedures, or proceedings involving adult criminal actions, juvenile delinquency actions, and/or guardian-ad-litem appointments arising out of criminal or delinquency acts. SEC. 104. NO OFFSET. No Federal agency shall offset funds made available pursuant to this Act for Indian tribal court membership organizations or Indian legal services organizations against other funds otherwise available for use in connection with technical or legal assistance to tribal justice systems or members of Indian tribes. SEC. 105. TRIBAL AUTHORITY. Nothing in this Act shall be construed to-- (1) encroach upon or diminish in any way the inherent sovereign authority of each tribal government to determine the role of the tribal justice system within the tribal government or to enact and enforce tribal laws; (2) diminish in any way the authority of tribal governments to appoint personnel; (3) impair the rights of each tribal government to determine the nature of its own legal system or the appointment of authority within the tribal government; (4) alter in any way any tribal traditional dispute resolution fora; (5) imply that any tribal justice system is an instrumentality of the United States; or (6) diminish the trust responsibility of the United States to Indian tribal governments and tribal justice systems of such governments. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. For purposes of carrying out the activities under this title, there are authorized to be appropriated such sums as are necessary for fiscal years 2000 through 2004. TITLE II--INDIAN TRIBAL COURTS SEC. 201. GRANTS. (a) In General.--The Attorney General may award grants and provide technical assistance to Indian tribes to enable such tribes to carry out programs to support-- (1) the development, enhancement, and continuing operation of tribal justice systems; and (2) the development and implementation of-- (A) tribal codes and sentencing guidelines; (B) inter-tribal courts and appellate systems; (C) tribal probation services, diversion programs, and alternative sentencing provisions; (D) tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and (E) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution. (b) Consultation.--In carrying out this section, the Attorney General may consult with the Office of Tribal Justice and any other appropriate tribal or Federal officials. (c) Regulations.--The Attorney General may promulgate such regulations and guidelines as may be necessary to carry out this title. (d) Authorization of Appropriations.--For purposes of carrying out the activities under this section, there are authorized to be appropriated such sums as are necessary for fiscal years 2000 through 2004. SEC. 202. TRIBAL JUSTICE SYSTEMS. Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is amended-- (1) in subsection (a), by striking ``1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``2000 through 2007''; (2) in subsection (b), by striking ``1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``2000 through 2007''; (3) in subsection (c), by striking ``1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``2000 through 2007''; and (4) in subsection (d), by striking ``1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``2000 through 2007''.

Title II: Indian Tribal Courts - Authorizes the Attorney General to award grants and provide technical assistance to Indian tribes to enable such tribes to carry out programs supporting the development, enhancement, and continuing operation of tribal justice systems and the development and implementation of: (1) tribal codes and sentencing guidelines; (2) inter-tribal courts and appellate systems; (3) tribal probation services, diversion programs, and alternative sentencing provisions; (4) tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and (5) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution. Authorizes appropriations. Amends the Indian Tribal Justice Act to extend through FY 2007 the authorization of appropriations for: (1) the Office of Tribal Justice Support; (2) base support funding for tribal justice systems; (3) administration of the Office; and (4) the administration of tribal judicial conferences.

Indian Tribal Justice Technical and Legal Assistance Act of 1999

SECTION 1. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. Failure to inform and warn. ``2083. Relationship to existing law. ``Sec. 2081. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other business entity; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted or provided by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. ``Sec. 2082. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified. ``(b) Penalty.-- ``(1) In general.--Whoever knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(c) Civil Action To Protect Against Retaliation.-- ``(1) Prohibition.--It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. ``(iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(3) Remedies.-- ``(A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. ``(B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; ``(ii) the amount of back pay, with interest; and ``(iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. ``(4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(B) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. ``Sec. 2083. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: ``101A. Reporting standards................................ 2081''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

Amends the federal criminal code to require a business entity and any responsible corporate officer, after acquiring actual knowledge of a serious danger associated with a product, service, or business practice of such entity: (1) within 24 hours, to verbally inform an appropriate federal agency; (2) within 15 days, to inform an appropriate federal agency in writing; and (3) as soon as practicable, to warn affected employees in writing and to inform other individuals who may be exposed to the danger if such individuals can reasonably be identified. Sets forth penalties for violations of this Act, but prohibits any fine imposed on an individual from being paid out of the assets of the business entity. Prohibits knowingly discriminating against any person in hiring, retention, or the terms or conditions of employment because the person informed a federal agency, warned employees, or informed other individuals of such a danger.

A bill to establish criminal penalties for failing to inform and warn of serious dangers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contract With Investors''. SEC. 2. REPEAL OF SUNSET. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is repealed. SEC. 3. ACCELERATION OF INDIVIDUAL INCOME TAX RATE REDUCTIONS. (a) In General.--The table contained in section 1(i)(2) of the Internal Revenue Code of 1986 (relating to reductions in rates after June 30, 2001) is amended-- (1) by striking ``and 2003'', (2) by striking ``2004 and 2005'' and inserting ``2003'', and (3) by striking ``2006'' and inserting ``2004''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 4. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES ACCELERATED TO 2005. (a) Estate Tax Repeal.--Section 2210 of the Internal Revenue Code of 1986 (relating to termination) is amended-- (1) by striking ``December 31, 2009'' and inserting ``December 31, 2004'' both places it appears, (2) by striking ``January 1, 2010'' in subsection (b) and inserting ``January 1, 2005'', and (3) by striking ``December 31, 2020'' in subsection (b)(1) and inserting ``December 31, 2014''. (b) Generation-Skipping Transfer Tax Repeal.--Section 2664 of such Code (relating to termination) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2004''. (c) Conforming Amendments.-- (1) The table contained in section 2010(c) of such Code is amended-- (A) by striking ``and 2005'', (B) by inserting a period after ``$1,500,000'', and (C) by striking the last 2 items. (2) Section 1014(f) of such Code is amended by striking ``December 31, 2009'' and inserting ``December 31, 2004''. (3) Section 1022 of such Code is amended-- (A) by striking ``December 31, 2009'' in the heading and in subsection (a)(1) and inserting ``December 31, 2004'', and (B) in subsection (d)(4)(A)-- (i) by striking ``2010'' and inserting ``2005'', (ii) by striking ``2009'' in clause (ii) and inserting ``2004''. (4) The table contained in section 2001(c)(2)(B) of such Code is amended-- (A) by inserting a period after ``48 percent'', and (B) by striking the last 3 items. (5) Section 2001(c)(2)(A) of such Code is amended by striking ``2010'' and inserting ``2005''. (6) The item in the table of sections for part II of subchapter O of chapter 1 of such Code relating to section 1022 is amended by striking ``December 31, 2009'' and inserting ``December 31, 2004''. (7) Section 501(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2004''. (8) Paragraph (3) of section 511(f) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2004''. (9) Paragraph (2) of section 521(e) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2004''. (10) Subsection (f) of section 542 of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2004''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. REDUCTION OF MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed on taxable income reduced by the net capital gain, at the rates and in the same manner as if this subsection had not been enacted, plus ``(B) 10 percent of the taxpayer's net capital gain (or, if less, taxable income). ``(2) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).''. (b) Minimum Tax.-- (1) In general.--Subparagraph (A) of section 55(b)(1) of the Internal Revenue Code of 1986 (relating to amount of tentative tax) is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following new clause: ``(ii) Maximum rate of tax on net capital gain.--The amount determined under the first sentence of clause (i) shall not exceed the sum of-- ``(I) the amount determined under such first sentence computed at the rates and in the same manner as if this clause had not been enacted on the taxable excess reduced by the net capital gain, plus ``(II) a tax of 10 percent of the lesser of the net capital gain or the taxable excess.''. (2) Conforming amendment.--Section 55(b) of such Code is amended by striking paragraph (3). (c) Conforming Amendments.-- (1) Section 57(a)(7) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (2) Paragraph (1) of section 1445(e) of such Code is amended by striking ``20 percent'' and inserting ``10 percent''. (3)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended by striking ``20 percent'' and inserting ``10 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``20 percent'' and inserting ``10 percent''. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. (2) Withholding.--The amendment made by subsection (c)(2) shall apply to amounts paid after December 31, 2002. SEC. 6. INCREASE IN LIMITATION ON CAPITAL LOSSES APPLICABLE TO INDIVIDUALS. (a) In General.--Paragraph (1) of section 1211(b) of the Internal Revenue Code of 1986 (relating to limitation on capital losses for taxpayers other than corporations) is amended by striking ``$3,000 ($1,500'' and inserting ``$10,000 ($5,000''. (b) Adjustment for Inflation.--Section 1211 of the Internal Revenue Code of 1986 (relating to limitation on capital losses) is amended by adding at the end the following new subsection: ``(c) Adjustment for Inflation.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2003, the $10,000 and $5,000 amounts contained in subsection (b)(1) shall each be increased by an amount equal to-- ``(A)(i) such 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 by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under paragraph (1) is not a multiple of $5, such increase shall be rounded to the next highest multiple of $5.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 7. ACCELERATION OF INCREASE IN CONTRIBUTIONS TO CERTAIN RETIREMENT PLANS. (a) IRAs.-- (1) In general.--Subparagraph (A) of section 219(b)(5) of the Internal Revenue Code of 1986 (defining deductible amount) is amended to read as follows: ``(A) The deductible amount shall be $5,000.''. (2) Inflation adjustment.--Section 219(b)(5)(C) of such Code is amended-- (A) by striking ``2008'' and inserting ``2003'', and (B) by striking ``2007'' and inserting ``2002''. (b) 401(k) Plans.-- (1) In general.--Paragraph (1) of section 402(g) of such Code is amended-- (A) by striking ``the applicable dollar amount'' in subparagraph (A) and inserting ``$15,000'', (B) by striking subparagraph (B), (C) by redesignating subparagraph (C) as subparagraph (B), and (D) by striking ``the applicable dollar amount under subparagraph (B)'' in subparagraph (B) (as redesignated by subparagraph (C)) and inserting ``the dollar amount in subparagraph (A)''. (2) Inflation adjustment.--Section 402(g)(4) of such Code is amended-- (A) by striking ``2006'' and inserting ``2003'', and (B) by striking ``2005'' and inserting ``2002''. (3) Conforming amendment.--Section 401(a)(30) of such Code is amended by striking ``section 402(g)(1)(A)'' and inserting ``section 402(g)(1)''. (c) 457 Plans.-- (1) In general.--Subparagraph (A) of section 457(b)(2) of such Code is amended by striking ``the applicable dollar amount'' and inserting ``$15,000''. (2) Inflation adjustment.--Section 457(e)(15) of such Code is amended to read as follows: ``(15) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2003, the Secretary shall adjust the $15,000 amount under subsection (b)(2)(A) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2002, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 8. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 75. (a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) are each amended by striking ``70\1/2\'' each place it appears and inserting ``75''. (b) Individual Retirement Plans.-- (1) Paragraph (1) of section 219(d) of such Code is amended-- (A) by striking ``70\1/2\'' in the text and inserting ``75'', and (B) by striking ``70\1/2\'' in the heading and inserting ``75''. (2) Subsection (b) of section 408 of such Code is amended by striking ``70\1/2\'' and inserting ``75''. (c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is amended-- (1) by striking ``70\1/2\'' in the text and inserting ``75'', and (2) by striking ``70\1/2\'' in the heading and inserting ``75''. (d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such Code is amended by striking ``70\1/2\'' and inserting ``75''. (e) Effective Date.--The amendments made by this section shall apply to distributions after December 31, 2002. SEC. 9. EXCLUSION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include 100 percent of the amounts received during the taxable year by an individual as dividends from domestic, publicly traded, C corporations (within the meaning of section 1297(f)(3)). ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.--For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).''. (b) Conforming Amendments.-- (1)(A) Subparagraph (A) of section 135(c)(4) of such Code is amended by inserting ``116,'' before ``137''. (B) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (2) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (3) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.''. (4) Section 854(a) of such Code is amended by inserting ``section 116 (relating to exclusion of dividends received by individuals) and'' after ``For purposes of''. (5) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (6) 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 115 the following new item: ``Sec. 116. Exclusion of dividends received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 10. SENSE OF THE SENATE REGARDING A CONTRACT WITH INVESTORS. It is the sense of the Senate that-- (1) Congress should pass legislation to safeguard American workers' pension and retirement accounts, (2) Congress should modernize this country's international tax provisions in order to permit United States companies to better compete internationally, (3) Congress should repeal redundant, outdated, and unscientific regulatory burdens on investors and United States companies and perform a cost benefit analysis before enacting new burdens on United States businesses and investors, (4) Congress should enact meaningful tort reform, and (5) Congress should enact meaningful tax reform that simplifies the Federal tax code and reduces the cost recovery periods that businesses are forced to use to recover the costs of capital.

Contract With Investors - Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal the sunset provisions of such Act.Amends the Internal Revenue Code to: (1) accelerate individual income tax rate reductions; (2) accelerate the repeal of estate and generation-skipping transfer taxes; (3) reduce maximum capital gains tax rates for individuals; (4) increase capital loss limitations for individuals; (5) accelerate contribution increases for certain retirement plans; (6) increase the age for mandatory retirement and pension plan distributions; and (7) exclude from gross income dividends received by individuals from domestic, publicly traded C corporations, with exceptions.Expresses the sense of the Senate that Congress should: (1) pass legislation to safeguard workers' pension and retirement accounts; (2) modernize international tax provisions to permit U.S. companies to better compete internationally; (3) repeal outdated regulatory burdens on U.S. investors and companies; (4) enact tort reform; and (5) simplify the Federal tax code and reduce the cost recovery periods for businesses.

A bill to repeal the sunset of the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Fiscal Responsibility Act of 1996''. SEC. 2. NON-MONETARY POLICY SPENDING SUBJECT TO CONGRESSIONAL APPROPRIATIONS. (a) Determination by Comptroller General.-- (1) In general.--The Comptroller General of the United States, in consultation with the Board, shall specifically identify the functions and activities of the Board and of each Federal reserve bank that are related to the establishment and conduct of the monetary policy of the United States. (2) Report.--Not later than April 30, 1997, the Comptroller General of the United States shall submit a report to the Congress containing the information referred to in paragraph (1). (b) Certain Spending Subject to Appropriations.--After September 30, 1997, all expenditures by the Board or any Federal reserve bank shall be made only as provided in advance in an appropriations Act, except that funds to pay expenditures related to the establishment and conduct of monetary policy, as identified under subsection (a), shall not be subject to appropriations in advance. (c) Annual Report.--The Comptroller General of the United States shall submit an annual report to the Congress on the compliance of the Federal Reserve System with the requirements of this section. SEC. 3. TREATMENT OF SURPLUS ACCOUNT. (a) Termination of Surplus Account Authorization.-- (1) Amendments to the federal reserve act.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289) is amended-- (A) in the subsection heading, by striking ``and Surplus Funds''; (B) by striking paragraphs (2) and (3); (C) in paragraph (1)-- (i) by striking ``(1) Stockholder dividends.--''; and (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving the margins 2 ems to the left; and (D) in paragraph (2), as redesignated, by striking ``subparagraph (A)'' and inserting ``paragraph (1)''. (2) Return of funds.--Not later than 30 days after the date of enactment of this Act, each Federal reserve bank shall transfer to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, all funds held on the date of enactment of this Act by that Federal reserve bank in a surplus account established under section 7(a) of the Federal Reserve Act (as that section existed on the day before the date of enactment of this Act). (b) Determination by Comptroller General.-- (1) In general.--The Comptroller General of the United States shall determine what percentage, if any, of the net earnings of the Federal reserve banks should be transferred on an annual basis to the Secretary of the Treasury for deposit in the general fund of the Treasury. (2) Report.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall report its determination under paragraph (1) to the Congress, together with any recommendations for necessary legislative action. SEC. 4. ANNUAL INDEPENDENT AUDITS. (a) Audit Required.--Each Federal reserve bank shall annually obtain an audit from an independent auditor using generally accepted auditing standards. (b) Auditor's Qualifications.--The independent auditor referred to in subsection (a) shall-- (1) be a certified public accountant who is independent of the Federal reserve bank; and (2) meet any other qualifications that the Board may establish. (c) Certification Required.--In each audit required under subsection (a), the auditor shall certify, under penalty of perjury-- (1) that the auditor is a certified public accountant and is independent of the Federal Reserve System; and (2) that the auditor conducted the audit using generally accepted auditing standards. (d) Certification by Federal Reserve Bank.--Not later than 30 days after the completion of each audit required under subsection (a), the Federal reserve bank shall provide to the Comptroller General of the United States-- (1) a certification, under penalty of perjury, that-- (A) the Federal reserve bank has obtained the audit required under subsection (c); (B) the Federal reserve bank has received the certifications of the auditor required under paragraph (1); and (C) the audit fully complies with subsection (a); and (2) proof that the Federal reserve bank and the Board have each received a copy of the audit report. (e) Report to Board.--Each Federal reserve bank shall submit a copy of the audit conducted under this section to the Board, or an independent auditor designated by the Board. (f) Audit of Federal Reserve System.--The Board, in consultation with the Comptroller General of the United States, shall annually obtain an audit of the combined financial statements of all Federal reserve banks from an independent auditor, using generally accepted accounting standards, based on reports of audits submitted to the Board under subsection (d). SEC. 5. APPLICABILITY OF FEDERAL PROCUREMENT PROCEDURES. (a) Applicability.--The following provisions of law apply to the Board and to each Federal reserve bank as if the Board and such banks were executive agencies for the purposes of such provisions of law: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) Title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). (3) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (4) The Information Technology Management Reform Act of 1996 (division E of Public Law 104-106; 40 U.S.C. 1401 et seq.). (b) Effective Date.--This section shall become effective on October 1, 1996. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Board'' means the Board of Governors of the Federal Reserve System; and (2) the term ``Federal reserve bank'' has the same meaning as in the third undesignated paragraph of section 1 of the Federal Reserve Act.

Federal Reserve Fiscal Responsibility Act of 1996 - Instructs the Comptroller General to specifically identify, and report to the Congress on, the functions and activities of the Board of Governors of the Federal Reserve System (the Board) and of each Federal reserve bank related to the establishment and conduct of Federal monetary policy. Sets a deadline by which all expenditures by the Board or any Federal reserve bank (except those related to monetary policy) shall be made only as provided in advance in an appropriations Act. Directs the Comptroller General to report annually to the Congress on Board compliance. Amends the Federal Reserve Act to terminate the surplus account authorization. Sets a deadline by which each Federal reserve bank must transfer all funds held in its surplus account to the Board for deposit into the general fund of the Treasury. Requires the Comptroller General to determine and report to the Congress on the percentage of Federal reserve banks' net earnings that should be transferred annually for deposit into the general fund of the Treasury. Requires each Federal reserve bank to: (1) obtain an annual audit from an independent auditor using generally accepted auditing standards; and (2) submit a copy of such audit to the Board. Directs the Board annually to obtain from an independent auditor an audit of the combined financial statements of all Federal reserve banks using generally accepted accounting standards. Applies specified Federal property, procurement, and information technology management law to the Board and each Federal reserve bank as if they were executive agencies.

Federal Reserve Fiscal Responsibility Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Consumer Protection Act of 2000''. SEC. 2. ESTABLISHMENT OF STANDARDS REGARDING OF QUALITY OF COMMERCIAL MOBILE SERVICE AND MONITORING OF COMPLAINTS REGARDING SUCH SERVICE. Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332) is amended by adding at the end the following new paragraph: ``(9) Quality of commercial mobile services.-- ``(A) In general.--The Commission shall, by regulation, establish such requirements as the Commission considers appropriate to ensure that providers of commercial mobile services meet minimum standards regarding the quality and performance of such service, which shall include standards regarding connection, reception, and billing practices. ``(B) Complaint system.-- ``(i) Establishment.--The Commission shall establish and administer a system that makes available a procedure for any subscriber of a commercial mobile service to register a complaint regarding the quality or performance of the service. ``(ii) Toll-free number.--Such system shall include establishment of a toll-free number applicable to commercial mobile services for reporting a complaint. The Commission and any agency or entity to which the Commission has delegated authority under section 251(e) shall designate `#FCC' as such number and shall provide appropriate transition periods for areas in which such number is otherwise in use as of the date of the enactment of the Cell Phone Consumer Protection Act of 2000. ``(iii) Records.--The Commission shall maintain a record of each complaint made under the system established pursuant to this subparagraph. ``(iv) Notice.--The Commission shall require each provider of commercial mobile service (or the billing agent for such provider) to include, in each subscriber's bill for such service, a statement informing the subscriber that a complaint regarding the quality or performance of the service may be registered with the Commission and providing the toll-free number under clause (ii) and an address for mailing a complaint. The Commission shall take such other actions as may be appropriate to publicize the availability of the complaint system to subscribers of commercial mobile services. ``(C) Reporting of complaints to congress.--Not less often than once every 6 months, the Commission shall submit a report to the Congress regarding complaints received under the complaint system required under subparagraph (B), which shall-- ``(i) indicate the number of complaints received, during the period for which the report is made, regarding each provider of a commercial mobile service for which a complaint is made; and ``(ii) indicate the types of complaints received during such period, including complaints regarding dead spots, dropped calls, network busy signals, and improper billing practices, and the number of each type of complaint received during such period. Upon submission to the Congress of each report under this subparagraph, the Commission shall make such report publicly available by providing access to the report through a World Wide Web site of the Commission. ``(D) Effect on consumer protection laws.--This paragraph may not be construed as relieving any provider of a commercial mobile service from the obligation to comply with any Federal, State, or local statute or regulation relating to consumer protection or unfair trade. ``(E) State authority.--This paragraph may not be construed as precluding any State from enacting and enforcing additional and complementary oversight and regulatory systems or procedures, or both, so long as such systems and procedures do not significantly impede the enforcement of this paragraph or other Federal statutes. ``(F) Exemption from forfeiture provisions.-- Notwithstanding any provision of title V, failure to comply with the requirements established under subparagraph (A) shall not be subject to any penalty or forfeiture under such title.''. SEC. 3. EFFECTIVE DATE AND REGULATIONS. (a) Effective Date.--The amendment made by section 2 shall take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act. (b) Regulations.--The Commission shall prescribe such regulations as may be necessary to carry out the amendment made by section 2. Such regulations shall be issued not later than, and shall take effect upon, the effective date under subsection (a).

Requires the FCC to report to Congress at least every six months regarding complaints received, and to make each report available to the public through an FCC website.

Cell Phone Consumer Protection Act of 2000

OF PENSION BENEFIT CLAIMS. (a) In General.--Section 503 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1133) is amended-- (1) by adding at the end of the heading the following: ``and arbitration of pension claims''; (2) by inserting ``(a)'' after ``Sec. 503.''; and (3) by adding at the end the following new subsection: ``(b)(1) Any claim of a participant or beneficiary against an employee pension benefit plan with respect to benefits under such plan remaining unresolved, after opportunity for review provided under subsection (a) has been exercised, may be resolved through arbitration, upon the request of the participant or beneficiary which is filed with the Secretary, in such form and manner as shall be prescribed by regulation and within the 60-day period after the participant or beneficiary has received written notice from the plan of the completion of such review. The filing of a request for arbitration under this section with respect to any claim shall constitute a waiver of any right to review of such claim other than as provided in this subsection. ``(2) An arbitration proceeding under this subsection shall be conducted in accordance with fair and equitable procedures to be prescribed by the Secretary. Individuals serving as arbitrators under this section shall be selected by the Secretary from employees of the Department of Labor or, to the extent considered by the Secretary more cost-effective, from individuals whose services are acquired from other sources. If the parties have not provided by agreement for the costs of the arbitration, including arbitrator's fees, the arbitrator shall assess such fees, in an amount for each party not to exceed $500. The arbitrator may also award to prevailing participants and beneficiaries reasonable attorney's fees and pre-judgment interest on unpaid benefits. The award may require payment of punitive damages by any party if the arbitrator finds that any failure by the party with respect to unpaid benefits constitutes willful misconduct. ``(3) Any arbitration proceedings under this subsection shall, to the extent consistent with this title, be conducted in the same manner, subject to the same limitations, carried out with the same powers (including subpena power), and enforced in the United States courts as an arbitration proceeding carried out under title 9, United States Code, as if such arbitration had been entered into by the parties by mutual agreement. Any arbitration award which is not appealed under paragraph (4) may be reviewed only pursuant to sections 9 through 13 of such title 9. ``(4)(A) Upon completion of the arbitration proceedings in favor of one of the parties, a party aggrieved by the arbitrator's award may bring an action in an appropriate United States district court to vacate or modify the award. Any action under this paragraph must be brought no later than 30 days after the date of the issuance of the arbitrator's award, and in such action, the findings of fact shall be subject to de novo review. ``(B) The district courts of the United States shall have exclusive jurisdiction of an action under this paragraph without regard to the amount in controversy. ``(C) An action under this section may be brought in the district where the plan is administered or where a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found. ``(D) In any action under this paragraph, the court may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to a prevailing participant or beneficiary. ``(E) A copy of the complaint in any action under this paragraph shall be served upon the Secretary by certified mail. The Secretary may intervene in any such action.''. (b) Conforming Amendment.--The item relating to section 503 in the table of contents in section 1 of such Act is amended to read as follows: ``Sec. 503. Claims procedure and arbitration of pension claims.''. (c) Effective Date.--The amendments made by this section shall apply with respect to claims arising on or after the date of the enactment of this Act. SEC. 3. PRE-JUDGMENT INTEREST ON UNPAID BENEFITS; PUNITIVE DAMAGES FOR WILLFUL MISCONDUCT. (a) Pre-judgment Interest.--Section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(1)(B)) is amended by inserting ``(together with reasonable pre-judgment interest on unpaid pension plan benefits)'' after ``to recover benefits due to him under the terms of his plan''. (b) Attorney Fees and Costs of Action.--Section 502(g) of such Act (29 U.S.C. 1132(g)) is amended-- (1) in paragraph (1), by inserting ``or (3)'' after ``paragraph (2)''; and (2) by adding at the end the following new paragraph: ``(3) In any action or settlement proceeding under this title with respect to an employee pension benefit plan brought by a participant or beneficiary under such plan in which the participant or beneficiary prevails or substantially prevails, the participant or beneficiary shall be entitled to reasonable attorney's fees, reasonable expert witness fees, and other reasonable costs relating to the action. Fees to which the participant or beneficiary is entitled under the paragraph shall be at generally prevailing hourly rates.''. (c) Punitive Damages for Willful Misconduct.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) In any case in which any party consisting of the plan sponsor, the plan administrator, or any other fiduciary of a pension plan knowingly and willfully acts or fails to act for the purpose of depriving a participant or beneficiary of the full and timely payment of a benefit under the plan in violation of the terms of the plan or this title, such party may, in the court's discretion, be jointly and severally liable to such participant or beneficiary, in any action brought under subsection (a)(1)(B), for punitive damages in addition to any other remedy available to such participant or beneficiary.''. (d) Effective Date.--The amendments made by this section shall apply with respect to causes of action arising on or after the date of the enactment of this Act. SEC. 4. ANNUAL REPORTS TO PARTICIPANTS AND BENEFICIARIES IN UNDERSTANDABLE LANGUAGE. (a) In General.--Section 104(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)) is amended to read as follows: ``(b)(1) Within 210 days after the close of each plan year, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan-- ``(A) a copy of the statements and schedules, for such plan, described in subparagraphs (A) and (B) of section 103(b)(3); ``(B) a report containing-- ``(i) a description of all investments and assets of the plan, including their value; ``(ii) the names and positions of all of the trustees of the plan, and the time remaining before the expiration of their term; ``(iii) a description of the method of trustee selection; ``(iv) a description of any changes in investment policy of the plan during the fiscal year; and ``(v) an evaluation of the long-term solvency of the plan, including the number of participants and beneficiaries and a summary of their benefits, and a projection of the amount of benefits expected to be paid for the fifth, tenth, and fifteenth plan year following the date of the publication of the report; ``(C) any other material (including the percentage determined under section 103(d)(11)) as is necessary to fairly summarize the latest annual report; and ``(D) information on where participants and beneficiary may receive assistance with respect to the plan. Such information shall be written and calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. ``(2) The administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examination by any plan participant or beneficiary in the principal office of the administrator and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Secretary may prescribe by regulations). ``(3) The administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.''. (b) Conforming Amendments.-- (1) Section 101(a) of such Act (29 U.S.C. 1021(a)) is amended to read as follows-- ``Sec. 101. (a) The administrator of each employee benefit plan shall cause to be furnished in accordance with section 104(b) to each participant covered under the plan and to each beneficiary who is receiving benefits under the plan the information described in sections 104(b)(1) and 105(a) and (c).''. (2) Section 101(b) of such Act (29 U.S.C. 1021(b)) is amended by striking paragraph (1) and redesignating paragraphs (2), (3), (4), and (5), as paragraphs (1), (2), (3), and (4), respectively. (3) Section 102(a)(1) of such Act (29 U.S.C. 1022(a)(1)) is amended to read as follows: ``Sec. 102. (a)(1) A report shall be furnished to participants and beneficiaries as provided in section 104(b).''. (4) Section 102(b) of such Act (29 U.S.C. 1022(b)) is amended by striking ``and summary plan description'' and inserting ``report''. (5) Section 103(a)(3)(A) of such Act (29 U.S.C. 1023 (a)(3)(A)) is amended in the second sentence by striking ``104(b)(3)'' and inserting ``104(b)(1) (A) and (C)''. (6) Section 104(a)(1)(C) of such Act (29 U.S.C. 1024(a)(1)(C)) is amended to read as follows: ``(C) a copy of the materials required to be furnished to participants and beneficiaries pursuant to subsection (b)(1) of this section; and''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1998.

Pension Beneficiary Rights Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to permit alternative dispute resolution of pension benefit claims, through arbitration, upon the request of an employee pension benefit plan participant or beneficiary. Entitles participants and beneficiaries, under specified conditions, to: (1) pre-judgment interest on unpaid benefits; (2) attorney's fees and costs of action; and (3) punitive damages for willful misconduct by the plan administrator or any other fiduciary of a pension plan. Requires annual reports to participants and beneficiaries to be in understandable language.

Pension Beneficiary Rights Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marriage Tax Penalty Relief Act of 1999''. SEC. 2. RESTORATION OF DEDUCTION FOR 2-EARNER MARRIED COUPLES. (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. DEDUCTION FOR 2-EARNER MARRIED COUPLES. ``(a) Deduction Allowed.--In the case of a joint return for the taxable year, there shall be allowed as a deduction an amount equal to the applicable percentage of the qualified earned income of the spouse with the lower qualified earned income for such taxable year. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $50,000. ``(2) Transition rule for 1999 and 2000.--In the case of taxable years beginning in 1999 or 2000, paragraph (1) shall be applied by substituting `10 percent' for `20 percent' and `0.5 percentage point' for `1 percentage point'. ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, 221, and 469. ``(c) Qualified Earned Income.-- ``(1) In general.--For purposes of this section, the term `qualified earned income' means an amount equal to the excess of-- ``(A) the earned income of the spouse for the taxable year, over ``(B) an amount equal to the sum of the deductions described in paragraphs (1), (2), (6), (7), (12), and (16) of section 62(a) to the extent such deductions are properly allocable to or chargeable against earned income described in subparagraph (A). The amount of qualified earned income shall be determined without regard to any community property laws. ``(2) Earned income.--For purposes of paragraph (1), the term `earned income' means income which is earned income within the meaning of section 911(d)(2) or 401(c)(2)(C), except that-- ``(A) such term shall not include any amount-- ``(i) not includible in gross income, ``(ii) received as a pension or annuity, ``(iii) paid or distributed out of an individual retirement plan (within the meaning of section 7701(a)(37)), ``(iv) received as deferred compensation, or ``(v) received for services performed by an individual in the employ of his spouse (within the meaning of section 3121(b)(3)(A)), and ``(B) section 911(d)(2)(B) shall be applied without regard to the phrase `not in excess of 30 percent of his share of the net profits of such trade or business'. ``(d) Deduction Disallowed for Individual Claiming Benefits of Section 911 or 931.--No deduction shall be allowed under this section for any taxable year if either spouse claims the benefits of section 911 or 931 for such taxable year. ``(e) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 1999, the $50,000 amount contained in subsection (b)(1) shall be increased by an amount equal to the product of-- ``(1) such dollar amount, and ``(2) 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 1998' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Deduction for 2-earner married couples.--The deduction allowed by section 222.'' (c) Earned Income Credit Phaseout To Reflect Deduction.--Paragraph (2) of section 32(c) of such Code (defining earned income) is amended by adding at the end the following new subparagraph: ``(C) Marriage penalty reduction.--Solely for purposes of applying subsection (a)(2)(B), earned income for any taxable year shall be reduced by an amount equal to the amount of the deduction allowed to the taxpayer for such taxable year under section 222.'' (d) Conforming Amendments.-- (1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), and 219(g)(3)(A)(ii) of such Code are each amended by inserting ``222,'' after ``221,''. (2) Clause (i) of section 221(b)(2)(C) of such Code is amended by inserting ``222,'' before ``911''. (3) Clause (iii) of section 469(i)(3)(E) of such Code is amended by striking ``and 221'' and inserting ``, 221, and 222''. (4) 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. Deduction for 2-earner married couples. ``Sec. 223. Cross reference.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Marriage Tax Penalty Relief Act of 1999 - Amends the Internal Revenue Code to provide for a deduction for two-earner married couples to eliminate the marriage penalty. Allows such deduction, in the case of a joint return, in an amount equal to a specified applicable percentage of the qualified earned income of the spouse with the lower qualified earned income for the taxable year. Specifies such applicable percentage as 20 percent (10 percent for FY 1999 and 2000) reduced (but not below zero) by one percentage point (0.5 percentage point for FY 1999 and 2000) for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $50,000. Makes such deduction above-the-line (allowed regardless of whether the taxpayer itemizes other deductions). Requires that the earned income credit phaseout reflect such deduction.

Marriage Tax Penalty Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waterfront of Tomorrow Act of 2013''. SEC. 2. STUDIES. (a) Measures To Improve Flood Protection and Climate Resilience for New York City.-- (1) Study.--The Secretary of the Army shall conduct a study of measures to improve flood protection and climate resilience for New York City, using both traditional engineering and green infrastructure technologies. (2) Contents.--In conducting the study, the Secretary shall-- (A) assess traditional engineering solutions, including tide gates and seawalls; (B) assess, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the use of alternative approaches, including oyster reef restoration, tidal wetland restoration and construction, and other natural designs that reduce storm surge impacts and retain storm water while providing additional environmental benefits; (C) identify the cost and time associated with implementing the measures described in subparagraphs (A) and (B), the potential impact of such measures on the surrounding environment, and any adverse impacts of such measures on local housing, commerce, or recreation; and (D) make a recommendation as to which of such measures would provide the greatest protection for New York City coastal communities and critical infrastructure from an event of a magnitude that is equal to or greater than Hurricane Sandy. (3) Coordination to prevent duplication of efforts.--The Secretary shall carry out the activities under this section in coordination with the study to be conducted by the Secretary under the heading ``Corps of Engineers--Civil--Investigations'' in title II of Public Law 113-2 (127 Stat. 5). (4) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. (5) Corps of engineers.--The Secretary shall carry out this subsection acting through the Chief of Engineers. (b) Environmental Impact of Major Disasters.-- (1) Study.--The Administrator of the Environmental Protection Agency, in consultation with the Administrator of the Occupational Safety and Health Administration, shall conduct a study of the environmental impact of each major disaster that the Administrator determines will have a significant environmental impact on the waters of the United States. (2) Determinations.--In making determinations under paragraph (1), the Administrator of the Environmental Protection Agency shall ensure that the Administrator conducts studies under this subsection with respect to, at a minimum, 10 percent of the major disasters declared in a fiscal year. (3) Contents.--The Administrator shall conduct a study under this subsection with respect to a major disaster with the specific goal of determining-- (A) whether industrial facilities discharged pollutants or other hazards into local waterways or the water supply during the major disaster; and (B) if so, how to avoid or minimize the risk of such pollution incidents in the future. (4) Report.--Not later than 180 days after the date of the declaration of a major disaster described in paragraph (1), the Administrator shall transmit to Congress a report on the results of the study conducted under this subsection with respect to the major disaster. (5) Major disaster defined.--In this subsection, the term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). SEC. 3. NATIONAL FREIGHT POLICY. (a) Goals.--Section 167(b) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting a semicolon; (3) by striking the semicolon at the end of paragraph (7) and inserting ``; and''; and (4) by adding at the end the following: ``(8) to ensure that the socioeconomic and environmental impacts of moving cargo through a community are fully accounted for in establishing the national freight network.''. (b) Ports and Harbors.--Section 167(c) of title 23, United States Code, is amended by adding at the end the following: ``(3) Ports and harbors.--The Secretary shall ensure that ports and harbors are incorporated into the national freight network.''. SEC. 4. NEXT GENERATION PORTS. (a) Improvements to Port Infrastructure and Intermodal Rail and Highway Networks.-- (1) Grants.--The Secretary of the Army is authorized to make grants to States and local governments for projects to improve port infrastructure and intermodal rail and highway networks. (2) Consideration of local preferences and environmental concerns.--In making grants to States and local governments under this subsection, the Secretary shall ensure that local preferences and environmental concerns are incorporated into any port infrastructure and intermodal transportation improvements, so that disruptions and adverse impacts are minimized. (b) Green Ports.-- (1) Designation.--The Administrator of the Maritime Administration, acting jointly with the Administrator of the Environmental Protection Agency, shall establish a green port designation for ports that meet certain environmental standards. (2) Grants and technical assistance.--The Administrator of the Maritime Administration is authorized to provide grants and technical assistance to a port designated as a green port pursuant to paragraph (1) to implement innovations that minimize the environmental impacts of port operations. SEC. 5. WATERFRONTS AS MAIN STREETS. (a) Establishment of Grant Program.--The Secretary of Commerce, acting through the Administrator of the Economic Development Administration, shall carry out a grant program in accordance with the requirements of this section. (b) Award of Grants.--In carrying out the program, the Secretary may make grants to States and local governments for projects to establish environmentally sustainable waterfront areas. (c) Applications.--A State or local government seeking a grant under the program shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (d) Criteria.-- (1) In general.--The Secretary shall establish criteria for awarding grants for projects under the program. (2) Priority.--The criteria shall include an assessment of whether the applicant is able to demonstrate the potential of a project-- (A) to generate economic growth and job creation; or (B) to improve the environmental sustainability of waterfront areas. (e) Maximum Grant Amount.--The Secretary may not make grants under this section to a State or local government in an amount that exceeds $10,000,000 in the aggregate. (f) Reporting Requirement.--As a condition for receiving a grant under the program, a State or local government shall agree to submit to the Secretary an annual report on the achievement of performance measures, including the criteria described in subsection (d)(2), by the State or local government for a period of 3 years after the grant is awarded. (g) Federal Share.--The Federal share of the cost of a project carried out with funds from a grant under the program may not exceed 75 percent.

Waterfront of Tomorrow Act of 2013 - Directs the Secretary of the Army, acting through the Chief of Engineers, to study measures that provide the greatest flood protection and climate resilience for New York City coastal communities from a disaster such as Hurricane Sandy. Directs the Administrator of the Environmental Protection Agency (EPA) to study the environmental impact of each major disaster that will have a significant environmental impact on U.S. waters. Makes one of the goals of national freight policy to ensure that the socioeconomic and environmental impacts of moving cargo through a community are fully accounted for in establishing the national freight network (composed of highways, railways, navigable waterways, seaports, airports, freight intermodal connectors, and aerotropolis transportation systems most critical to the multimodal movement of freight). Directs the Secretary of Transportation (DOT) to ensure that ports and harbors are incorporated into the national freight network. Authorizes the Secretary of the Army to make grants to states and local governments for projects to improve port infrastructure and intermodal rail and highway networks. Directs the Administrator of the Maritime Administration, acting jointly with the EPA Administrator, to establish a green port designation for ports that meet certain environmental standards. Authorizes the Administrator of the Maritime Administration to provide grants and technical assistance to a designated green port to implement innovations that minimize the environmental impacts of port operations. Directs the Secretary of Commerce, acting through the Administrator of the Economic Development Administration (EDA), to make grants to states and local governments for projects to establish environmentally sustainable waterfront areas. Sets the federal share of project costs at 75%.

Waterfront of Tomorrow Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Care of Small Business Tax Simplification Act of 2005''. SEC. 2. SUBCHAPTER S ELECTION PERMITTED ON RETURN FILED BEFORE DUE DATE WITH EXTENSIONS. (a) In General.--Subsection (b) of section 1362 of the Internal Revenue Code of 1986 (relating to when subchapter S election made) is amended to read as follows: ``(b) When Made.-- ``(1) In general.--An election under subsection (a) may be made by a small business corporation for any taxable year at any time during the period-- ``(A) beginning on the first day of the preceding taxable year, and ``(B) ending on the due date (with extensions) for filing the return for the taxable year. ``(2) Certain elections treated as made for next taxable year.--If-- ``(A) an election under subsection (a) is made for any taxable year within the period described in paragraph (1), but ``(B) either-- ``(i) on 1 or more days in such taxable year before the day on which the election was made the corporation did not meet the requirements of subsection (b) of section 1361, or ``(ii) 1 or more of the persons who held stock in the corporation during such taxable year and before the election was made did not consent to the election, then such election shall be treated as made for the following taxable year. ``(3) Election made after due date treated as made for following taxable year.--If-- ``(A) a small business corporation makes an election under subsection (a) for any taxable year, and ``(B) such election is made after the due date (with extensions) for filling the return for such year, hen such election shall be treated as made for the following taxable year. ``(4) Authority to treat late elections, etc., as timely.-- If-- ``(A) an election under subsection (a) is made for any taxable year (determined without regard to paragraph (3)) after the date prescribed by this subsection for making such election for such taxable year or no such election is made for any taxable year, and ``(B) the Secretary determines that there was reasonable cause for the failure to timely make such election, the Secretary may treat such an election as timely made for such taxable year (and paragraph (3) shall not apply)''. (b) Revocations.--Subparagraph (C) of section 1362(d)(1) of such Code is amended to read as follows: ``(C) When effective.--Except as provided in subparagraph (D)-- ``(i) a revocation made on or before the due date (with extensions) for filing the return for a taxable year shall be effective on the 1st day of such taxable year unless the revocation specifies that it is to take effect on the 1st day of the taxable year in which made, and ``(ii) a revocation made during a taxable year but after the due date (with extensions) for filing the return for the preceding taxable year shall be effective on the 1st day of the taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to elections for taxable years beginning after the date of the enactment of this Act. SEC. 3. RELIEF FROM PENALTIES FOR DEPOSITS OF TAXES MADE ON A TIMELY BASIS BUT NOT IN THE PRESCRIBED MANNER. (a) In General.--Section 6656 of the Internal Revenue Code of 1986 (relating to failure to make deposits of taxes) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Relief From Penalties for Deposits of Taxes Made on a Timely Basis but not in the Prescribed Manner.--The Secretary may abate all or any portion of the penalty imposed by subsection (a) on the failure to make a deposit in the manner prescribed by the Secretary if-- ``(1) the deposit was made not later than the date prescribed therefor, and ``(2) such failure was due to reasonable cause and not willful neglect. The applicable percentage under subsection (b) shall not exceed 2 percent in the case of any failure with respect to which the requirements of paragraphs (1) and (2) are met.''. (b) Conforming Amendment.--Subparagraph (A) of section 6656(b)(1) of such Code is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (e)''. (c) Effective Date.--The amendments made by this section shall apply to deposits required to be made after the date of the enactment of this Act. SEC. 4. UNINCORPORATED BUSINESSES OPERATED BY HUSBAND AND WIFE AS CO- OWNERS. (a) In General.--Section 761 of the Internal Revenue Code of 1986 (defining terms for purposes of partnerships) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Qualified Joint Venture.-- ``(1) In general.--In the case of a qualified joint venture conducted by a husband and wife who file a joint return for the taxable year, for purposes of this title-- ``(A) such joint venture shall not be treated as a partnership, ``(B) all items of income, gain, loss, deduction, and credit shall be divided between the spouses in accordance with their respective interests in the venture, and ``(C) each spouse shall take into account such spouse's respective share of such items as if they were attributable to a trade or business conducted by such spouse as a sole proprietor. ``(2) Qualified joint venture.--For purposes of paragraph (1), the term `qualified joint venture' means any joint venture involving the conduct of a trade or business if-- ``(A) the only members of such joint venture are a husband and wife, ``(B) both spouses materially participate (within the meaning of section 469(h) without regard to paragraph (5) thereof) in such trade or business, and ``(C) both spouses elect the application of this subsection.''. (b) Net Earnings From Self-Employment.-- (1) Subsection (a) of section 1402 of such Code (defining net earnings from self-employment) is amended by striking ``and'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``; and'', and by inserting after paragraph (16) the following new paragraph: ``(17) notwithstanding the preceding provisions of this subsection, each spouse's share of income or loss from a qualified joint venture shall be taken into account as provided in section 761(f) in determining net earnings from self- employment of such spouse.''. (2) Subsection (a) of section 211 of the Social Security Act (defining net earnings from self-employment) is amended by striking ``and'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``; and'', and by inserting after paragraph (16) the following new paragraph: ``(17) Notwithstanding the preceding provisions of this subsection, each spouse's share of income or loss from a qualified joint venture shall be taken into account as provided in section 761(f) of the Internal Revenue Code of 1986 in determining net earnings from self-employment of such spouse.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act .

Taking Care of Small Business Tax Simplification Act of 2005 - Amends the Internal Revenue Code to: (1) extend the deadline for filing a subchapter S election; (2) authorize the Secretary of the Treasury to abate penalties for payroll taxes timely paid but not deposited in the prescribed manner; and (3) permit married couples who operate certain joint ventures to file separate tax returns.

To amend the Internal Revenue Code of 1986 to allow the subchapter S election to be made on a return filed before the due date with extensions, to reduce the payroll deposit penalties for failures to make deposits in the prescribed manner, and to allow a married couple who operates a unincorporated business as co-owners to file separate self-employment tax returns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Technology Motor Vehicle Fuel Economy Act of 2000''. TITLE I--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 SEC. 101. CREDIT FOR CERTAIN ENERGY EFFICIENT MOTOR VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR HYBRID VEHICLES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credit amounts for each qualified hybrid vehicle placed in service during the taxable year. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount for each qualified hybrid vehicle with a rechargeable energy storage system that provides the applicable percentage of the maximum available power shall be the amount specified in the following table: ``Applicable percentage Credit amount Greater than or equal to 5 percent but less than 10 $500 percent. Greater than or equal to 10 percent but less than 20 $1,000 percent---. Greater than or equal to 20 percent but less than 30 $1,500 percent---. Greater than or equal to 30 percent.................... $2,000. ``(2) Increase in credit amount for regenerative braking system.--In the case of a qualified hybrid vehicle that actively employs a regenerative braking system which supplies to the rechargeable energy storage system the applicable percentage of the energy available from braking in a typical 60 miles per hour to 0 miles per hour braking event, the credit amount determined under this section shall be increased by the amount specified in the following table: ``Applicable percentage Credit amount Greater than or equal to 20 percent but less than 40 $250 percent. Greater than or equal to 40 percent but less than 60 $500 percent. Greater than or equal to 60 percent.................... $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified hybrid vehicle.--The term `qualified hybrid vehicle' means an automobile that meets all applicable regulatory requirements and that can draw propulsion energy from both of the following onboard sources of stored energy: ``(A) A consumable fuel. ``(B) A rechargeable energy storage system. ``(2) Maximum available power.--The term `maximum available power' means the maximum value of the sum of the heat engine and electric drive system power or other nonheat energy conversion devices available for a driver's command for maximum acceleration at vehicle speeds under 75 miles per hour. ``(3) Automobile.--The term `automobile' has the meaning given such term by section 4064(b)(1) (without regard to subparagraphs (B) and (C) thereof). A vehicle shall not fail to be treated as an automobile solely by reason of weight if such vehicle is rated at 8,500 pounds gross vehicle weight rating or less. ``(d) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under this section with respect to-- ``(A) any property for which a credit is allowed under section 30, ``(B) any property referred to in section 50(b), or ``(C) any property taken into account under section 179 or 179A. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(f) Regulations.-- ``(1) Treasury.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. ``(2) Environmental protection agency.--The Administrator of the Environmental Protection Agency, in coordination with the Secretary of Transportation and consistent with the laws administered by such agency for automobiles, shall timely prescribe such regulations as may be necessary or appropriate solely for the purpose of specifying the testing and calculation procedures to determine whether a vehicle meets the qualifications for a credit under this section. ``(g) Application of Section.--This section shall apply to any qualified hybrid vehicles placed in service after December 31, 1999, and before January 1, 2009.'' (b) Conforming Amendments.-- (1) 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 the following new paragraph: ``(28) to the extent provided in section 30B(e)(1).'' (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for hybrid vehicles.'' SEC. 102. EXTENSION OF CREDIT FOR CERTAIN QUALIFIED ELECTRIC VEHICLES. (a) Extension of Credit for Qualified Electric Vehicles.-- Subsection (e) of section 30 of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``December 31, 2004'' and inserting ``December 31, 2008''. (b) Repeal of Phaseout.--Subsection (b) of section 30 of such Code (relating to limitations) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). SEC. 103. EFFECTIVE DATE. The amendments made by this title shall apply to vehicles placed in service after the date of the enactment of this Act. TITLE II--AMENDMENTS TO THE ENERGY POLICY ACT OF 1992 SEC. 201. STUDY OF CURRENT AND FUTURE ENERGY CONSERVATION REGARDING MOTOR VEHICLE AND RELATED TRANSPORTATION IN INTERSTATE COMMERCE IN THE UNITED STATES. (a) In General.--Subtitle G of title I of the Energy Policy Act of 1992 (42 U.S.C. 13451 note) is amended by adding the following new sections: ``SEC. 174. TRANSPORTATION ENERGY CONSERVATION STUDY. ``(a) Study Agreement.--The Secretary of Transportation (with the participation of the Secretary of Energy) shall, within 90 days after the date of enactment of this section, enter into an agreement with the National Academy of Sciences to conduct a comprehensive study of voluntary, mandatory, and other means and measures used by private and public sectors for the purposes of conserving energy in transportation of people and goods in interstate commerce in the United States, and for the provision of services by motor vehicles and other modes of transportation, and identify and examine potential voluntary, mandatory, and other approaches to such conservation. Such study shall also examine the use, acceptance, effectiveness, costs, impact on mobility, and other relevant factors concerning such current and potential means and measures for energy conservation and shall consider the ubiquitous nature of such transportation and its importance in the economy. The study shall also take into consideration such factors as current and future energy supplies available to the United States, the availability in the United States of adequate, reliable, convenient, consumer-friendly transportation locally, regionally, and nationally, the geographic size and population of the United States, and the availability and impact of technologies and fuels that affect energy conservation. The study shall also compare existing and planned energy conservation approaches in other economically developed countries and integrated economic regions, taking into consideration similar factors. ``(b) Requirements.--The study shall be comprised of the following aspects: ``(1) An overview of the United States energy supply situation, including an assessment of current and projected fuel supplies. ``(2) The impact of current and projected fuel supplies on national security and trade. ``(3) An assessment of energy use by the transportation and several other sectors of the economy. ``(4) An assessment of the relative effectiveness of past and current motor vehicle energy conservation programs for motor vehicles and other modes of transportation, policies, and proposals in the United States, including consideration of, among others-- ``(A) regulatory requirements, direct and indirect; ``(B) corporate average fuel economy mandate; ``(C) dispersal of authority over the provision and regulation of transportation; ``(D) gas guzzler tax; ``(E) alternative fuel vehicles and the availability of alternative fuels; ``(F) tax credits for electric vehicles; ``(G) fiscal measures, including taxation, incentives and subsidies; ``(H) higher fuel taxes; ``(I) fuel economy labeling and reporting; ``(J) integration of transportation and land use planning; ``(K) speed limits; ``(L) carpooling requirements; ``(M) high occupancy vehicle (HOV) restrictions; ``(N) altering driving behavior; ``(O) incentives for mass transit; ``(P) development, use, and adequacy of modeling for energy efficiency of motor vehicle and other transportation modes; ``(Q) congestion mitigation measures; and ``(R) strategic and other measures and incentives, including communications and outreach strategies. ``(5) An assessment of the effectiveness of motor vehicle transportation energy conservation efforts in economically developed countries and integrated economic regions other than the United States, including consideration of, among others-- ``(A) regulatory measures and mandates; ``(B) fiscal measures; ``(C) higher fuel taxes; ``(D) vehicle taxation by engine size; ``(E) tolls; ``(F) alternative fuel vehicles and the availability of alternative fuels; ``(G) voluntary commitments in lieu of mandates; ``(H) gas rationing and mobility restrictions (e.g., no-drive days); ``(I) monitoring; and ``(J) other fuel economy programs. ``(6)(A) The identification of potential future approaches to motor vehicle and other transportation energy conservation efforts in the United States, including consideration of, among others-- ``(i) voluntary approaches by industry versus regulatory mandates; ``(ii) use of incentives to encourage market penetration; ``(iii) cooperative government/industry arrangements such as Smart Growth, Clean Cities, Energy Star, Partnership for a New Generation of Vehicles, European Automobile Cooperative Research program, and Japanese Cooperative Automobile Research program; ``(iv) efforts to encourage and accelerate lean burn, clean diesel hybrids, fuel cells and other advanced technologies, and alternative fuels; ``(v) congestion mitigation measures; ``(vi) intelligent transportation systems (ITS); and ``(vii) other potential approaches. ``(B) In making such identification, the study should assess, to the extent applicable, the marketability, risks, benefits, practicability, acceptability, and costs of such approaches as well as any legal or market barriers to the introduction of such approaches, such as cost of energy, public awareness, fueling infrastructure, fuel quality, and other existing regulations (e.g., Environmental Protection Agency Tier 2 regulations, California emissions standards, Federal Motor Vehicle Safety Standards). ``(7) An assessment of the effects on personal mobility and the United States economy that have resulted from the implementation of current conservation policies and measures and that likely would result from the implementation of future approaches. ``(8) Conclusions that appropriately follow from the foregoing study, including-- ``(A) the effectiveness of prior and existing transportation policies in fostering increased energy conservation; ``(B) the need for and timing of energy conservation measures for motor vehicles; and ``(C) other potential future approaches and policies that recommend themselves for further consideration. ``(c) Report.--The Secretary of Transportation shall submit to Congress, not later than 18 months after the date of enactment of this Act, a report describing the results of the study under this section, including any appropriate recommendations, together with the basis for them and their estimated costs and benefits. ``SEC. 175. STUDY OF LEAN BURN TECHNOLOGY. ``(a) Scope of Study.--The Secretary of Transportation (with the participation of the Secretary of Energy) shall, within 60 days after the date of enactment of this Act, commission a study regarding lean burn technology in increasing fuel efficiency, to include consideration of, among other things: ``(1) Potential benefits.--The potential benefits of introducing lean burn technology, including-- ``(A) its impact on fuel consumption; and ``(B) the cost effectiveness (i.e., value) of implementing lean burn technology as a bridge to longer term advanced technologies for fuel economy improvement. ``(2) Potential barriers.--The potential barriers to introduction of lean burn technology, including-- ``(A) emissions control technology for lean burn technology; ``(B) the compatibility of existing fuels to advanced technologies; ``(C) the conflict between lean burn technology and stringent emissions limits; and ``(D) any legal and market barriers to the introduction of lean burn technologies, such as cost of energy, public awareness, fueling infrastructure, fuel quality, and other existing regulations (e.g., Environmental Protection Agency Tier 2 regulations, California emissions standards, Federal Motor Vehicle Safety Standards); ``(3) Recommendations.--Recommendations for removing or addressing any potential barriers, including-- ``(A) the implementation of new technologies with the least disruption to the economy; and ``(B) the incremental cost of increasing fuel efficiency. ``(4) Overall recommendations on the value of pursuing lean burn technology as a means of improving fuel efficiency. ``(b) Report.--The Secretary shall submit to Congress, not later than 12 months after the date of enactment of this Act, a report describing the results of the study under this section, including any appropriate recommendations, together with the basis for them and their estimated costs and benefits.''. SEC. 202. EXTENSION OF CREDITS FOR FLEXIBLE FUEL VEHICLES. (a) Purpose.--The purpose of this section is to extend the manufacturing incentives for dual fuel vehicles, as set forth in subsections (b) and (d) of section 32905 of title 49, United States Code, from the 2004 model year through the 2008 model year, and to extend in like manner the maximum fuel economy increase, as set forth in subsection (a)(1) of section 32906 of title 49, United States Code. (b) Amendments.-- (1) Section 32905 of title 49, United States Code, is amended as follows: (A) Subsections (b) and (d) are each amended by striking ``model years 1993-2004'' and inserting ``model years 1993-2008''. (B) Subsection (f) is amended by striking `Not later than December 31, 2001, the Secretary' and inserting ``Not later than December 31, 2005, the Secretary shall''. (C) Subsection (f)(1) is amended by striking ``model year 2004'' and inserting ``model year 2008''. (D) Subsection (g) is amended by striking ``Not later than September 30, 2000'' and inserting ``Not later than September 30, 2004''. (2) Subsection (a)(1) of section 32906 of title 49, United States Code, is amended as follows: (A) Subsection (a)(1)(A) is amended by striking ``the model years 1993-2004'' and inserting ``model years 1993-2008''. (B) Subsection (a)(1)(B) is amended by striking ``the model years 2005-2008'' and inserting ``2009- 2012''.

Title II: Amendments to the Energy Policy Act of 1992 - Amends the Energy Policy Act of 1992 to provide for studies of: (1) voluntary, mandatory, and other measures used to conserve energy in the transportation of goods and people; and (2) lean burn technology. Extends the manufacturing incentives for dual fuel vehicles and the maximum fuel economy increase for alternative fueled automobiles.

Advanced Technology Motor Vehicle Fuel Economy Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlocking Technology Act of 2013''. SEC. 2. INFRINGEMENT OF A COPYRIGHT REQUIRED FOR ANTICIRCUMVENTION PROHIBITION. (a) Amendments.--Section 1201(a) of title 17, United States Code, is amended-- (1) in paragraph (1)(A)-- (A) by amending the first sentence to read as follows: ``No person shall, in order to infringe or facilitate infringement of a copyright in a work protected under this title, circumvent a technological measure that effectively controls access to that work.''; and (B) by adding at the end the following: ``It shall not be a violation of this section to circumvent a technological measure in connection with a work protected under this title if the purpose of such circumvention is to engage in a use that is not an infringement of copyright under this title.''; (2) in paragraph (2)-- (A) in subparagraph (A), by inserting after ``for the purpose of'' the following: ``facilitating the infringement of a copyright by''; (B) in subparagraph (B), by striking ``circumvent'' and inserting ``facilitate the infringement of a copyright by circumventing''; and (C) in subparagraph (C), by inserting after ``for use in'' the following: ``facilitating the infringement of a copyright by''; and (3) by redesignating paragraph (3) as paragraph (4), and inserting after paragraph (2), the following new paragraph: ``(3) It is not a violation of this section to use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of facilitating noninfringing uses of works protected under this title by circumventing a technological measure that effectively controls access to that work, unless it is the intent of the person that uses, manufactures, imports, offers to the public, provides, or traffics in the technology, product, service, device, component, or part to infringe copyright or to facilitate the infringement of a copyright.''. (b) Report Required.-- (1) In general.--Not later than the end of the 9-month period beginning on the date of the enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall submit to the committees described in paragraph (2) a report on-- (A) the impact of section 1201 of title 17, United States Code, on consumer choice, competition, and free flow of information; (B) whether section 1201 of such title should be reformed in part, reformed entirely, or repealed; and (C) barriers and challenges to such reform or repeal, including international trade agreements and treaties. (2) Committees.--The committees described in this paragraph are the following: (A) The Committees on the Judiciary and Energy and Commerce of the House of Representatives. (B) The Committees on the Judiciary and Commerce, Science, and Transportation of the Senate. SEC. 3. NETWORK SWITCHING NOT INFRINGEMENT. Section 117 of title 17, United States Code, is amended by adding at the end of the following new subsection: ``(e) Network Switching.--Notwithstanding the provisions of section 106, it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if-- ``(1) the copying or adapting is initiated by, or with the consent of, the owner of that device or the owner's agent; ``(2) the owner of that device or the owner's agent is in legal possession of the device; and ``(3) the owner of that device has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of that wireless communications network.''. SEC. 4. HARMONIZATION OF TRADE AGREEMENTS. The President shall take the necessary steps to secure modifications to applicable bilateral and multilateral trade agreements to which the United States is a party in order to ensure that such agreements are consistent with the amendments made by this Act. SEC. 5. EFFECTIVE DATE. (a) Amendments.--The amendments made by this Act shall apply to acts carried out after the expiration of the 9-month period beginning on the date of the enactment of this Act. (b) Report.--Sections 2(b) and 4 shall take effect on the date of the enactment of this Act.

Unlocking Technology Act of 2013 - Amends the prohibition under federal copyright law on the circumvention of a technological measure that controls access to a copyright-protected work to require that such prohibition apply only to circumventions carried out in order to infringe or facilitate infringement of a protected work. Declares that it shall not be a violation to: (1) circumvent a technological measure if the purpose is to engage in a use that is not an infringement of federal copyright law; or (2) use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part primarily designed or produced to facilitate noninfringing uses of protected works by circumventing a technological measure that effectively controls access to such work, unless the intent is to infringe or facilitate infringement of a copyright. Declares that it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if: (1) the copying or adapting is initiated by, or with the consent of, the owner of that device or the owner's agent; (2) the owner or agent is in legal possession of the device; and (3) the owner has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of its network. (Thus allowing the "unlocking" of mobile devices without requiring an owner to obtain the consent of the initial carrier network before switching to a new carrier.) Directs the President to ensure that applicable bilateral and multilateral trade agreements are modified to be consistent with this Act.

Unlocking Technology Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi War Crimes Disclosure Act''. SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY WORKING GROUP. (a) Definitions.--In this section the term-- (1) ``agency'' has the meaning given such term under section 551 of title 5, United States Code; (2) ``Interagency Group'' means the Nazi War Criminal Records Interagency Working Group established under subsection (b); (3) ``Nazi war criminal records'' has the meaning given such term under section 3 of this Act; and (4) ``record'' means a Nazi war criminal record. (b) Establishment of Interagency Group.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the President shall establish the Nazi War Criminal Records Interagency Working Group, which shall remain in existence for 3 years after the date the Interagency Group is established. (2) Membership.--The President shall appoint to the Interagency Group individuals whom the President determines will most completely and effectively carry out the functions of the Interagency Group within the time limitations provided in this section, including the Director of the Holocaust Museum, the Historian of the Department of State, the Archivist of the United States, the head of any other agency the President considers appropriate, and no more than 3 other persons. The head of an agency appointed by the President may designate an appropriate officer to serve on the Interagency Group in lieu of the head of such agency. (3) Initial meeting.--Not later than 90 days after the date of enactment of this Act, the Interagency Group shall hold an initial meeting and begin the functions required under this section. (c) Functions.--Not later than 1 year after the date of enactment of this Act, the Interagency Group shall, to the greatest extent possible consistent with section 3 of this Act-- (1) locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all classified Nazi war criminal records of the United States; (2) coordinate with agencies and take such actions as necessary to expedite the release of such records to the public; and (3) submit a report to Congress, including the Committee on the Judiciary of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, describing all such records, the disposition of such records, and the activities of the Interagency Group and agencies under this section. (d) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS WHO COMMITTED NAZI WAR CRIMES. (a) Nazi War Criminal Records.--For purposes of this Act, the term ``Nazi war criminal records'' means classified records or portions of records that-- (1) pertain to any person with respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with-- (A) the Nazi government of Germany; (B) any government in any area occupied by the military forces of the Nazi government of Germany; (C) any government established with the assistance or cooperation of the Nazi government of Germany; or (D) any government which was an ally of the Nazi government of Germany; or (2) pertain to any transaction as to which the United States Government, in its sole discretion, has grounds to believe-- (A) involved assets taken from persecuted persons during the period beginning on March 23, 1933, and ending on May 8, 1945, by, under the direction of, on behalf of, or under authority granted by the Nazi government of Germany or any nation then allied with that government; and (B) such transaction was completed without the assent of the owners of those assets or their heirs or assigns or other legitimate representatives. (b) Release of Records.-- (1) In general.--Subject to paragraphs (2), (3), and (4), the Nazi War Criminal Records Interagency Working Group shall release in their entirety Nazi war criminal records that are described in subsection (a). (2) Exception for privacy, etc.--An agency head may exempt from release under paragraph (1) specific information, that would-- (A) constitute a clearly unwarranted invasion of personal privacy; (B) reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; (C) reveal information that would assist in the development or use of weapons of mass destruction; (D) reveal information that would impair United States cryptologic systems or activities; (E) reveal information that would impair the application of state-of-the-art technology within a United States weapon system; (F) reveal actual United States military war plans that remain in effect; (G) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (H) reveal information that would clearly and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services, in the interest of national security, are authorized; (I) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or (J) violate a treaty or international agreement. (3) Application of exemptions.-- (A) In general.--In applying the exemptions listed in subparagraphs (B) through (J) of paragraph (2), there shall be a presumption that the public interest in the release of Nazi war criminal records will be served by disclosure and release of the records. Assertion of such exemption may only be made when the agency head determines that disclosure and release would be harmful to a specific interest identified in the exemption. An agency head who makes such a determination shall promptly report it to the committees of Congress with appropriate jurisdiction, including the Committee on the Judiciary of the Senate and the Committee on Government Reform and Oversight of the House of Representatives. The exemptions set forth in paragraph (2) shall constitute the only authority pursuant to which an agency head may exempt records otherwise subject to release under paragraph (1). (B) Application of title 5.--A determination by an agency head to apply an exemption listed in subparagraphs (B) through (I) of paragraph (2) shall be subject to the same standard of review that applies in the case of records withheld under section 552(b) of title 5, United States Code. (4) Limitation on application.--This subsection shall not apply to records-- (A) related to or supporting any active or inactive investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (B) solely in the possession, custody, or control of that office. (c) Inapplicability of National Security Act of 1947 Exemption.-- Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431) shall not apply to any operational file, or any portion of any operational file, that constitutes a Nazi war criminal record under section 3 of this Act. SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL RECORDS. (a) Expedited Processing.--For purposes of expedited processing under section 552(a)(6)(E) of title 5, United States Code, any requester of a Nazi war criminal record shall be deemed to have a compelling need for such record. (b) Requester.--For purposes of this section, the term ``requester'' means any person who was persecuted in the manner described under section 3(a)(1) of this Act who requests a Nazi war criminal record. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of enactment of this Act.

Nazi War Crimes Disclosure Act - Establishes the Nazi War Criminal Records Interagency Working Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all classified Nazi war criminal records of the United States. Requires that: (1) Group members include the Director of the Holocaust Museum, the Historian of the Department of State, and the Archivist of the United States; and (2) the Group submit a report to the Congress describing all such records, their disposition, and the Interagency Group's activities. Authorizes appropriations. Requires such records to be released in their entirety, except that an agency head may exempt from release specific information that would compromise privacy, national security, or U.S. foreign policy, as specified. States that in applying the exemptions there shall be a presumption that the public interest in the release of Nazi war criminal records will be served by disclosure and release of the records. Permits assertion of such exemption only when the agency head determines that disclosure and release would be harmful to a specific interest identified. Requires such a determination to be promptly reported to the appropriate congressional committees, including the Senate Committee on the Judiciary and the House Committee on Government Reform and Oversight. Subjects such exemptions to the same standard of review that applies to records withheld under the Freedom of Information Act (FOIA) for matters that are specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Provides an additional exception from disclosure for records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) solely in the possession or control of that office. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency shall not apply to information regarding any operational file, or portion of any operational file that constitutes a Nazi war criminal record. Provides for expedited processing of FOIA requests for Nazi war criminal records.

Nazi War Crimes Disclosure Act

SECTION 1. SHORT TITLE. The short title of this Act may be cited as the ``Prevention of Prisoner Double-Dipping Act''. SEC. 2. TREATMENT OF PRISONERS. (a) Denial of Benefits to Individuals Jailed on Felony Charges.-- (1) In general.--Section 202(x)(1)(A) of the Social Security Act (42 U.S.C. 402(x)(1)(A)) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) is confined in a jail, prison, or other penal institution or correctional facility pursuant to a charge of an offense punishable by imprisonment for more than 1 year, but only with respect to months after the first 30 days of such confinement.''. (2) Conforming amendment.--Section 202(x)(1)(B)(i) of such Act (42 U.S.C. 402(x)(1)(B)(i)) is amended by striking ``clause (i)'' and inserting ``clauses (i) and (iii)''. (3) Study of methods to insure the collection of information respecting public inmates.-- (A) Study.--The Commissioner of Social Security shall conduct a study regarding methods to insure the timely and accurate reporting of information respecting court orders by which individuals described in section 202(x)(1)(A)(iii) of the Social Security Act (402 U.S.C. 402(x)(1)(A)(iii)) are confined in jails, prisons, or other public penal, correctional, or medical facilities as the Commissioner may require for the purpose of carrying out section 202(x) and 1611(e)(1) of such Act (42 U.S.C. 402(x) and 1382(e)(1)). (B) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study conducted pursuant to this paragraph to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (4) Effective date.--The amendments made by this subsection shall apply to payments made for months beginning after the date of the enactment of this Act. (b) Implementation of Prohibition Against Payment of Benefits to Prisoners.-- (1) In general.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner is authorized to enter into a contract, with any interested State or local institution described in clause (i) or (ii) of paragraph (1)(A) the primary purpose of which is to confine individuals as described in paragraph (1)(A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis, the names, social security account numbers, dates of birth, and such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) the Commissioner is authorized to pay to any such institution, with respect to each individual who is entitled to a benefit under this title for the month preceding the first month throughout which such individual is confined in such institution as described in paragraph (1)(A), an amount determined by the Commissioner. ``(ii) The provisions of section 552a of title 5, United States Code, shall not apply to any contract entered into under clause (i) or to information exchanged pursuant to such contract.''. (2) Conforming ssi amendments.--Section 1611(e)(1) of such Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the following new subparagraph: ``(I)(i) The Commissioner is authorized to enter into a contract, with any interested State or local institution referred to in subparagraph (A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis, the names, social security account numbers, dates of birth, and such other identifying information concerning the inmates of the institution as the Commissioner may require for the purpose of carrying out this paragraph; and ``(II) the Commissioner is authorized to pay to any such institution, with respect to each inmate of the institution who is eligible for a benefit under this title for the month preceding the first month throughout which such inmate is in such institution and becomes ineligible for such benefit (or becomes eligible only for a benefit payable at a reduced rate) as a result of the application of this paragraph, an amount determined by the Commissioner. ``(ii) The provisions of section 552a of title 5, United States Code, shall not apply to any contract entered into under clause (i) or to information exchanged pursuant to such contract.''. SEC. 3. CIVIL MONETARY PENALTIES FOR FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS AND CARDS. (a) In General.--Subsection (a) of section 1129 of the Social Security Act (42 U.S.C. 1320a-8) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Any person who-- ``(1) willfully, knowingly, and with intent to deceive, uses a social security account number assigned on the basis of false information provided by such person or another person; ``(2) with intent to deceive, falsely represents a number to be a social security account number; ``(3) knowingly alters a social security card; ``(4) buys or sells a card that is, or purports to be, a social security card; ``(5) possesses a social security card or counterfeit card with the intent to sell or alter such card; or ``(6) discloses, uses, or compels the disclosure of the social security account number of any person in violation of the law, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each offense. Such person also shall be subject to an assessment, in lieu of damages sustained by the United States because of such offense, of not more than 5 times the amount of benefits or payments paid under titles II and XVI as a result of such offense.''. (b) Conforming Amendment.--Paragraph (1) of section 1129(c) of such Act (42 U.S.C. 1320a-8(c)) is amended by striking ``statements and representations'' and inserting ``actions''. (c) Effective Date.--The amendments made by this section shall apply to conduct occurring on or after the date of the enactment of this Act. SEC. 4. ADDITIONAL RESOURCES TO COMBAT FRAUD IN THE SOCIAL SECURITY SYSTEM. (a) Authorization of Appropriations.--Out of any money in the Treasury not otherwise appropriated, there are authorized to be appropriated, to remain available without fiscal year limitation, $50,000,000 for the Commissioner of Social Security through the Office of Inspector General to utilize only for increasing the number of investigators and auditors charged with pursuing charges of fraud against the programs under titles II and XVI of the Social Security Act. (b) Additional Funds.--Amounts appropriated under subsection (a) shall be in addition to any funds otherwise appropriated for the purposes described in subsection (a). SEC. 5. STUDY REGARDING REVIEW AND APPEALS PROCESS. (a) Study.--The Commissioner of Social Security shall conduct a study regarding methods to streamline the review and appeals process under title II and XVI of the Social Security Act. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study conducted pursuant to this section to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

Prevention of Prisoner Double-Dipping Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to revise the limitation on the payment of OASDI benefits to prisoners and certain other inmates of publicly funded institutions. Extends such limitation to any individual confined in a jail, prison, or other penal institution or correctional facility pursuant to a felony charge, but only with respect to months after the first 30 days of such confinement. Requires the Commissioner of Social Security to study and report to the Congress on methods to insure the timely and accurate reporting of information respecting such public inmates with respect to current law limitations on OASDI and Supplemental Security Income (SSI) benefits under SSA title XVI to them. Authorizes the Commissioner to: (1) contract with interested State or local institutions used to confine such individuals for monthly reports to the Commissioner of certain identifying information in order to enforce such benefit limitations; and (2) pay such an institution benefit amounts with respect to each eligible individual. Amends title XI of the Social Security Act to provide for civil monetary penalties, including quintuple damages for any OASDI and SSI benefits received, for fraudulent use of social security account numbers and cards. Authorizes additional appropriations for the Commissioner through the Office of Inspector General to use only for increasing the number of investigators and auditors charged with pursuing charges of fraud against the OASDI and SSI programs. Requires the Commissioner to study and report to the Congress on methods to streamline the review and appeals process under the OASDI and SSI programs.

Prevention of Prisoner Double-Dipping Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Medicaid for Americans Act of 2016''. SEC. 2. ELIMINATION OF MOE REQUIREMENT FOR CHIP ELIGIBILITY. Section 2105(d)(3) of the Social Security Act (42 U.S.C. 1397ee(d)(3)) is amended by striking ``September 30, 2019'' and inserting ``the date of the enactment of the Preserving Access to Medicaid for Americans Act of 2016''. SEC. 3. ELIMINATION OF DSH CUTS FOR STATES NOT IMPLEMENTING ACA EXPANSION. (a) In General.--Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r-4(f)(7)) is amended-- (1) in subparagraph (A)-- (A) in clause (i)-- (i) in the matter preceding subclause (I), by striking ``each of fiscal years 2018 through 2025'' and inserting ``fiscal year 2018 and each subsequent fiscal year''; and (ii) in subclause (I)-- (I) by striking ``the amount specified under the DSH health reform methodology under subparagraph (B)'' and inserting ``the amount of the aggregate reduction target''; and (II) by striking ``DSH allotments to States'' and inserting ``the DSH allotment to each expansion State'' each place it appears; (B) in clause (ii)-- (i) in the matter preceding subclause (I), by striking ``The aggregate reductions'' and inserting ``In applying subparagraph (B), the aggregate reduction targets''; (ii) in subclause (VII), by striking ``and'' at the end; (iii) in subclause (VIII), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following new subclause: ``(IX) $8,000,000,000 for fiscal year 2026 and, subject to subparagraph (C), each subsequent fiscal year.''; (C) by amending clause (iv) to read as follows: ``(iv) Definitions.--For purposes of this paragraph: ``(I) The term `expansion State' means, for a fiscal year, a State that, as of the date that is 180 days before the start of such fiscal year, provides for eligibility under clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) for medical assistance under this title (or a waiver of the State plan approved under section 1115). ``(II) The term `non-expansion State' means, for a fiscal year, a State that is not an expansion State for such fiscal year.''; and (D) in clause (v), by striking ``Distribution of aggregate reductions.--The Secretary shall distribute the aggregate reductions'' and inserting ``Distribution of aggregate reduction targets.--The Secretary shall distribute the aggregate reduction targets under clause (ii) among all the States (including non-expansion States)''; (2) in subparagraph (B), by adding at the end the following new clause: ``(iv) The methodology imposes reduction targets as if the reductions under subparagraph (A) were applied to all States, including non- expansion States.''; and (3) by adding at the end the following new subparagraph: ``(C) Extension of reduction for expansion states to pay for elimination of reduction for non-expansion states.--The aggregate amount of reductions under subparagraph (A) for fiscal years after fiscal year 2025 shall not exceed the sum of the aggregate reduction targets distributed under clause (v) to non- expansion States for fiscal years 2018 through 2025.''. (b) Conforming Amendment.--Section 1923(f)(8) of the Social Security Act (42 U.S.C. 1396r-4(f)(8)) is amended by striking ``fiscal year 2025'' and inserting ``the last fiscal year for which a reduction is made under paragraph (7)(A)''.

Preserving Access to Medicaid for Americans Act of 2016 This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act to eliminate: (1) certain Medicaid payment reductions with respect to states that did not implement Medicaid expansion under the Patient Protection and Affordable Care Act, and (2) specified maintenance of effort requirements with respect to CHIP.

Preserving Access to Medicaid for Americans Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Monitoring Access Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Remote patient monitoring can make chronic disease management more effective and efficient for patients and the health care system. (2) By collecting, analyzing, and transmitting clinical health information to a health care practitioner, remote monitoring technologies allow patients and physicians to manage the patient's condition in a consistent and real-time fashion. (3) Utilization of these technologies not only improves the quality of care given to patients, it also reduces the need for frequent physician office appointments, costly emergency room visits, and unnecessary hospitalizations. (4) Monitoring a patient's disease from the home reduces the need for face-to-face physician interactions, thereby minimizing unnecessary travel and missed work and providing particular value to individuals residing in rural or underserved communities who would otherwise face potentially significant access barriers to receiving needed care. (5) Four major areas in which remote management technologies are emerging in health care are the treatment of congestive heart failure, diabetes, cardiac arrhythmia, and sleep apnea (sleep disordered breathing). Prompt transmission of clinical data on each of these conditions, to the physician or the patient as appropriate, are essential to providing timely and appropriate therapeutic interventions which can then reduce expensive hospitalizations. (6) Despite these innovations, remote management technologies have failed to diffuse rapidly. A significant barrier to wider adoption is the relative lack of payment mechanisms in fee-for-service Medicare to reimburse for remote, non-face-to-face management. (7) This Act will eliminate this barrier to new technologies by requiring Medicare to reimburse doctors for time spent analyzing data transmitted to them by remote patient management technologies. (8) This Act also promotes high quality care by requiring the Secretary of Health and Human Services to consult with physician groups to create a standard of care and a quality standard for remote patient management services for the covered chronic conditions. SEC. 3. COVERAGE OF REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC CARE CONDITIONS. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Z), by striking ``and'' at the end; (2) by adding ``and'' at the end of subparagraph (AA); and (3) by adding after subparagraph (AA) the following new subparagraph: ``(BB) remote patient management services (as defined in subsection (ccc)).''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Remote Patient Management Services for Chronic Conditions ``(ccc)(1) The term ``remote patient management services'' means the remote monitoring and management of an individual with a covered chronic health condition (as defined in paragraph (2)) or through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and the responsible physician or supplier for the purposes of clinical review or response by the physician or supplier. ``(2) For purposes of paragraph (1), the term `covered chronic health condition' includes-- ``(A) heart failure; ``(B) diabetes; ``(C) cardiac arrhythmia; ``(D) sleep apnea; and ``(E) any other chronic condition determined by the Secretary to be appropriate for treatment through remote patient management services. ``(3)(A) The Secretary, in consultation with appropriate physician groups, may develop guidelines on the frequency of billing for remote patient management services. Such guidelines shall be determined based on medical necessity and shall be sufficient to ensure appropriate and timely monitoring of individuals being furnished such services. ``(B) The Secretary, acting through the Agency for Health Care Research and Quality, shall do the following: ``(i) Not later than 1 year after the date of enactment of this subsection, develop, in consultation with appropriate physician groups, a standard of care and quality standards for remote patient management services for the covered chronic health conditions specified in subparagraphs (A), (B), (C), and (D) of paragraph (2). ``(ii) If the Secretary makes a determination under paragraph (2)(E) with respect to a chronic condition, develop, in consultation with appropriate physician groups, a standard of care and quality standards for remote patient management services for such condition within 1 year of the date of such determination. ``(iii) Periodically review and update such standards of care and quality standards under this subparagraph as necessary.''. (c) Payment Under the Physician Fee Schedule.--Section 1848 of such Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (c)-- (A) in paragraph (2)(B)-- (i) in clause (ii)(II), by striking ``and (v)'' and inserting ``, (v), and (vi)''; and (ii) by adding at the end the following new clause: ``(vi) Budgetary treatment of certain services.--The additional expenditures attributable to section 1861(s)(2)(BB) shall not be taken into account in applying clause (ii)(II) for review: 2008.''; and (B) by adding at the end the following new paragraph: ``(7) Treatment of remote patient management services.--In determining relative value units for remote patient management services (as defined in section 1861(ccc)), the Secretary, in consultation with appropriate physician groups, shall take into consideration-- ``(A) costs associated with such services, including physician time involved, installation and information transmittal costs, costs of remote patient management technology (including devices and software), and resource costs necessary for patient monitoring and follow-up (but not including costs of any related item or non-physician service otherwise reimbursed under this title); and ``(B) the level of intensity of services provided, based on-- ``(i) the frequency of evaluation necessary to manage the individual being furnished the services; ``(ii) the amount of time necessary for, and complexity of, the evaluation, including the information that must be obtained, reviewed and analyzed; and ``(iii) the number of possible diagnoses and the number of management options that must be considered.''; and (2) in section (j)(3), by inserting ``(2)(BB),'' after ``(2)(AA),''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2008.

Remote Monitoring Access Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions.

To amend title XVIII of the Social Security Act to provide for coverage of remote patient management services under part B of the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act''. SEC. 2. AUTHORIZATION. Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) is amended-- (1) by striking ``The Secretary is authorized to enter into contracts to furnish water'' and inserting the following: ``(1) The Secretary is authorized to enter into contracts to furnish water''; (2) by striking ``(1) shall'' and inserting ``(A) shall''; (3) by striking ``(2) shall'' and inserting ``(B) shall''; (4) by striking ``respecting the terms of sales of electric power and leases of power privileges shall be in addition and alternative to any authority in existing laws relating to particular projects'' and inserting ``respecting the sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development''; and (5) by adding at the end the following: ``(2)(A) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer for a small conduit hydropower project. ``(B) If the irrigation district or water users association elects not accept a lease of power privilege offer under subparagraph (A), the Secretary shall offer the lease of power privilege to other parties in accordance with this subsection. ``(3) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower development under this subsection, excluding siting of associated transmission facilities on Federal lands. ``(4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower policy and procedure-setting activities conducted under this subsection. ``(5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. ``(6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or water users association operating the transferred conduit before offering the lease of power privilege and shall prescribe terms and conditions that will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. ``(7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues. ``(8) Nothing in this subsection shall alter or affect any existing preliminary permit, license, or exemption issued by the Federal Energy Regulatory Commission under Part I of the Federal Power Act (16 U.S.C. 792 et seq.) or any project for which an application has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act. ``(9) In this subsection: ``(A) Conduit.--The term `conduit' means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. ``(B) Irrigation district.--The term `irrigation district' means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. ``(C) Reserved conduit.--The term `reserved conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. ``(D) Transferred conduit.--The term `transferred conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. ``(E) Small conduit hydropower.--The term `small conduit hydropower' means a facility capable of producing 5 megawatts or less of electric capacity.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on April 10, 2013. Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act - Amends the Reclamation Project Act of 1939 to authorize the Secretary of the Interior (acting through the Bureau of Reclamation) to contract for the development of small conduit hydropower at Bureau facilities. Defines: (1) "small conduit hydropower" as five megawatts or less; and (2) "conduit" as a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance. Requires that power privilege leases be offered first to an irrigation district or water users association operating or receiving water from the applicable transferred or reserved conduit. Defines: (1) reserved conduit as any conduit included in project works whose care, operation, and maintenance has been reserved by the Secretary (through the Bureau); and (2) transferred conduit as any conduit included in project works whose care, operation, and maintenance has been transferred to a legally organized water users association or irrigation district. Requires the Secretary to offer the lease of power privilege to other parties if the irrigation district or water users association elects not to accept a lease of power privilege offer. Requires the Bureau to apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to small conduit hydropower, except with respect to siting of associated transmission on federal lands. Makes the Bureau's Power Resources Office the lead office for such small conduit hydropower policy and procedure-setting activities. (Thus excludes such activities from the jurisdiction of the Federal Energy Regulatory Commission [FERC].) Declares that nothing in this Act shall: (1) obligate specified power administrations to purchase or market the power produced by such facilities, (2) alter or impede the delivery and management of water for original project purposes, or (3) alter or affect any existing agreements for conduit hydropower development projects or disposition of revenues. Deems water used for conduit hydropower generation to be incidental to use of water for the original project purposes.

Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act

SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subparagraph (B) of section 170(e)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Qualified research or education contribution.--For purposes of this paragraph, the term `qualified research or education contribution' means a charitable contribution by a corporation of tangible personal property (including computer software), but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), ``(II) a governmental unit described in subsection (c)(1), or ``(III) an organization described in section 41(e)(6)(B), ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) the property is scientific equipment or apparatus substantially all of the use of which by the donee is for-- ``(I) research or experimentation (within the meaning of section 174), or for research training, in the United States in physical or biological sciences, or ``(II) in the case of an organization described in clause (i) (I) or (II), use within the United States for educational purposes related to the purpose or function of the organization, ``(iv) the original use of the property began with the taxpayer (or in the case of property constructed by the taxpayer, with the donee), ``(v) the property is not transferred by the donee in exchange for money, other property, or services, and ``(vi) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (iv) and (v).'' (b) Donations to Charity for Refurbishing.--Section 170(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Donations to charity for refurbishing.--For purposes of this paragraph, a charitable contribution by a corporation shall be treated as a qualified research or education contribution if-- ``(i) such contribution is a contribution of property described in subparagraph (B)(iii) to an organization described in section 501(c)(3) and exempt from taxation under section 501(a), ``(ii) such organization repairs and refurbishes the property and donates the property to an organization described in subparagraph (B)(i), and ``(iii) the taxpayer receives from the organization to whom the taxpayer contributed the property a written statement representing that its use of the property (and any use by the organization to which it donates the property) meets the requirements of this paragraph.'' (c) Conforming Amendments.-- (1) Paragraph (4)(A) of section 170(e) of the Internal Revenue Code of 1986 is amended by striking ``qualified research contribution'' each place it appears and inserting ``qualified research or education contribution''. (2) The heading for section 170(e)(4) of such Code is amended by inserting ``or education'' after ``research''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution." Redefines such term as a "qualified research or education contribution."

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Congress approved the Pick-Sloan Missouri River Basin Program by passing the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.)-- (A) to promote the economic development of the United States; (B) to provide for irrigation in regions north of Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes. (2) The Angostura Unit-- (A) is a component of the Pick-Sloan program; and (B) provides for-- (i) irrigation of approximately 12,218 acres of productive farm land in South Dakota; and (ii) substantial recreation and fish and wildlife benefits. (3) The Commissioner of Reclamation has determined that-- (A) the national economic development benefits from irrigation at the Angostura Unit total approximately $3,410,000 annually; and (B) the national economic development benefits of recreation at Angostura Reservoir total approximately $7,100,000 annually. (4) The Angostura Unit impounds the Cheyenne River 20 miles upstream of the Pine Ridge Indian Reservation in South Dakota. (5) The Reservation experiences extremely high rates of unemployment and poverty. (6) There is a need for economic development on the Reservation. (7) The national economic development benefits of the Angostura Unit do not extend to the Reservation. (8) The Angostura Unit may be associated with negative effects on water quality and riparian vegetation in the Cheyenne River on the Reservation. (9) Modernization of the irrigation facilities at the Angostura Unit would-- (A) enhance the national economic development benefits of the Angostura Unit; and (B) result in improved water efficiency and environmental restoration benefits on the Reservation. (10) The establishment of a trust fund for the Oglala Sioux tribe would-- (A) produce economic development benefits for the Reservation comparable to the benefits produced at the Angostura Unit; and (B) provide resources that are necessary for restoration of the Cheyenne River corridor on the Reservation. SEC. 3. DEFINITIONS. In this Act: (1) Angostura unit.--The term ``Angostura Unit'' means the irrigation unit of the Angostura irrigation project developed under the Act of August 11, 1939 (16 U.S.C. 590y et seq.). (2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal Development Trust Fund established by section 201(a). (3) Pick-sloan program.--The term ``Pick-Sloan program'' means the Pick-Sloan Missouri River basin program approved under the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944''; 33 U.S.C. 701-1 et seq.). (4) Plan.--The term ``plan'' means the development plan developed by the Tribe under section 201(f). (5) Reservation.--The term ``Reservation'' means the Pine Ridge Indian Reservation. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe of the Pine Ridge Indian Reservation. (8) Tribal council.--The term ``Tribal Council'' means the governing body of the Tribe. SEC. 4. MODERNIZATION. (a) Modernization of Facilities at Angostura Unit.-- (1) In general.--The Secretary shall carry out the modernization and improvement of the facilities at the Angostura Unit as described in the Improved Efficiencies Alternative included in the report titled ``Final Environmental Impact Statement, Angostura Unit Contract Negotiation and Water Management (August 2002)''. (2) Nonreimbursability.--The cost of the modernization and improvement of the facilities at the Angostura Unit shall be carried out on a nonreimbursable basis. (b) Delivery of Water to Pine Ridge Indian Reservation.--The Secretary shall provide for the delivery of the water saved through the modernization and improvement of the facilities of the Angostura Unit as an instream flow of the Cheyenne River to be used for fish and wildlife purposes and environmental restoration on the Reservation. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $4,660,000, to remain available until expended. SEC. 5. DEVELOPMENT. (a) Oglala Sioux Tribal Development Trust Fund.-- (1) Oglala sioux tribal development trust fund.--There is established in the Treasury of the United States a fund to be known as the ``Oglala Sioux Tribal Development Trust Fund,'' consisting of any amounts deposited in the Fund under this Act. (2) Funding.--Not later than the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit in the Fund $92,500,000. (3) Investment of trust fund.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (B) Eligible obligations.--Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under paragraph (2) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund. (C) Interest.--The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (4) Payment of interest to tribe.-- (A) Withdrawal of interest.--On October 1st of each year, the Secretary of the Treasury shall transfer the aggregate amount of interest deposited into the Fund for the fiscal year to the Secretary for use in accordance with subparagraph (C). (B) Availability.--Each amount transferred under subparagraph (A) shall be available without fiscal year limitation. (C) Payments to tribe.-- (i) In general.--The Secretary of the Interior shall use the amounts transferred under subparagraph (A) only for the purpose of making payments to the Tribe, as such payments are requested by the Tribe pursuant to tribal resolution. (ii) Limitation.--Payments may be made by the Secretary of the Interior under clause (i) only after the Tribe has adopted a plan under paragraph (6). (iii) Use of payments by tribe.--The Tribe shall use the payments made under this subparagraph only for carrying out projects and programs under the plan prepared under paragraph (6). (5) Limitation on transfers and withdrawals.--Except as provided in paragraphs (3) and (4)(A), the Secretary of the Treasury shall not transfer or withdraw any amount deposited under paragraph (2). (6) Development plan.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the governing body of the Tribe shall prepare a plan for the use of the payments to the Tribe under paragraph (4). (B) Contents.--The plan shall provide for the manner in which the Tribe shall expend payments to the Tribe under paragraph (4) to promote-- (i) economic development; (ii) infrastructure development; (iii) the educational, health, recreational, and social welfare objectives of the Tribe and members of the Tribe; or (iv) any combination of the activities described in subparagraphs (A) through (C). (C) Plan review and revision.-- (i) In general.--The Tribal Council shall make available for review and comment by the members of the Tribe a copy of the plan before the plan becomes final, in accordance with procedures established by the Tribal Council. (ii) Updating of plan.-- (I) In general.--The Tribal Council may, on an annual basis, revise the plan. (II) Review and comment.--In revising the plan, the Tribal Council shall provide the members of the Tribe opportunity to review and comment on any proposed revision to the plan. (iii) Consultation.--In preparing the plan and any revisions to the plan, the Tribal Council shall consult with the Secretary and the Secretary of Health and Human Services. (D) Audit.-- (i) In general.--The activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to the Office of Management and Budget circular numbered A-133. (ii) Determination by auditors.--The auditors that conduct the audit conducted pursuant to this subparagraph shall-- (I) determine whether funds received by the Tribe under this section for the period covered by the audit conducted pursuant to this subparagraph were expended to carry out the plan in a manner consistent with this section; and (II) include in the written findings of the audit the determination made under clause (i). (iii) Inclusion of findings with publication of proceedings of tribal council.-- A copy of the written findings of the audit conducted pursuant to this subparagraph shall be inserted in the published minutes of the Tribal Council proceedings for the session at which the audit is presented to the Tribal Council. (7) Prohibition of per capita payments.--No portion of any payment made under this Act may be distributed to any member of the Tribe on a per capita basis. (b) Eligibility of Tribe for Certain Programs and Services.--No payment made to the Tribe under this Act shall result in the reduction or denial of any service or program with respect to which, under Federal law-- (1) the Tribe is otherwise entitled because of the status of the Tribe as a federally recognized Indian tribe; or (2) any individual who is a member of the Tribe is entitled because of the status of the individual as a member of the Tribe. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to pay the administrative expenses of the Fund. (d) Disclaimer of Effects.--Nothing in this Act affects-- (1) the rights or claims of the Tribe under the Treaty of Fort Laramie of September 15, 1851 (11 Stat. 749); (2) the rights or claims of the Tribe under the Treaty of Fort Laramie of April 29, 1868 (15 Stat. 635); or (3) the reserved water rights of the Tribe under the principles of Winters v. United States (207 U.S. 564 (1908)).

Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Directs the Secretary of the Interior to: (1) carry out the modernization and improvement of the facilities at the Angostura Unit of the Pick-Sloan Missouri River basin program; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation (South Dakota). Establishes the Oglala Sioux Tribal Development Trust Fund. Requires the governing body of the Oglala Sioux Tribe of South Dakota to prepare a plan for the use of payments to the Tribe out of the Fund. Prohibits distribution of any payment to any member of the Tribe on a per capita basis. States that no payment made to the Tribe shall result in the reduction or denial of any entitlement service or program.

To enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program.

SECTION 1. NATIONAL COMMISSION ON NUCLEAR SECURITY. (a) Establishment.--There is hereby established a commission to be known as the ``National Commission on Nuclear Security'' (in this section referred to as the ``Commission''). (b) Organizational Matters.--(1)(A) Subject to subparagraph (B), the Commission shall be composed of 14 members appointed from among individuals in the public and private sectors who have recognized experience in matters related to nuclear weapons and materials, safeguards and security, counterintelligence, and organizational management, as follows: (i) Three shall be appointed by the Majority Leader of the Senate. (ii) Two shall be appointed by the Minority Leader of the Senate. (iii) Three shall be appointed by the Speaker of the House of Representatives. (iv) Two shall be appointed by the Minority Leader of the House of Representatives. (v) One shall be appointed by the Chairman of the Committee on Armed Services of the Senate. (vi) One shall be appointed by the ranking member of the Committee on Armed Services of the Senate. (vii) One shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives. (viii) One shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives. (B) The members of the Commission may not include a sitting Member of Congress or any officer of the United States who serves at the discretion of the President. (C) Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (2) Any vacancies in the Commission shall be filled in the same manner as the original appointment, and shall not affect the powers of the Commission. (3)(A) Subject to subparagraph (B), the chairman of the Commission shall be designated by the Majority Leader of the Senate, in consultation with the Speaker of the House of Representatives, from among the members of the Commission appointed under paragraph (1)(A). (B) The chairman of the Commission may not be designated under subparagraph (A) until seven members of the Commission have been appointed under paragraph (1). (4) The Commission may commence its activities under this section upon the designation of the chairman of the Commission under paragraph (3). (5) The members of the Commission shall establish procedures for the activities of the Commission, including procedures for calling meetings, requirements for quorums, and the manner of taking votes. (c) Duties.--The Commission shall review the efficacy of the organization of the National Nuclear Security Administration, and the appropriate organization and management of the nuclear weapons programs of the United States, under the current Presidential Administration and under the Presidential Administration commencing in 2001, including-- (1) whether the requirements and objectives of the National Nuclear Security Administration Act are being fully implemented by the Secretary of Energy and Administrator of the National Nuclear Security Administration; (2) the feasibility and advisability of various means of improving the security and counterintelligence posture of the programs of the National Nuclear Security Administration; (3) the feasibility and advisability of various modifications of existing management and operating contracts for the laboratories under the jurisdiction of the National Nuclear Security Administration; and (4) whether the national security functions of the Department of Energy, including the National Nuclear Security Administration, should-- (A) be transferred to the Department of Defense; (B) be established as a semiautonomous agency within the Department of Defense; (C) be established as an independent agency; or (D) remain as a semiautonomous agency within the Department of Energy (as provided for under the provisions of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65)). (d) Report.--(1) Not later than May 1, 2001, the Commission shall submit to Congress and to the Secretary of Defense and the Secretary of Energy a report containing the findings and recommendations of the Commission as a result of the review under subsection (c). (2) The report shall include any comments pertinent to the review by an individual serving as the Secretary of Defense, and an individual serving as the Secretary of Energy, during the duration of the review that any such individual considers appropriate for the report. (3) The report may include recommendations for legislation and administrative action. (e) Personnel Matters.--(1)(A) 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 5316 of title 5, United States Code, for each day (including traveltime) during which such member is engaged in the performance of the duties of the Commission. (B) 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. (2) 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. (3) Any officer or employee of the United States may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Inapplicability of FACA.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission. (g) Termination.--The Commission shall terminate not later than 90 days after the date on which the Commission submits its report under subsection (d). (h) Funding.--Of the amounts authorized to be appropriated by sections 3101 and 3103, not more than $975,000 shall be available for the activities of the Commission under this section. Amounts available to the Commission under this section shall remain available until expended.

Requires the Commission to report its findings and recommendations to Congress and the Secretaries of Energy and Defense, including any recommendations for legislation and administrative action. Restricts the amount of certain previously authorized appropriations that shall be available for activities of the Commission.

A bill to establish a commission to examine the efficacy of the organization of the National Nuclear Security Administration and the appropriate organization to manage the nuclear weapons programs of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Enforcement Reform Act of 1994''. TITLE I--LABOR EXPLOITATION TASK FORCE SEC. 101. ESTABLISHMENT. (a) In General.--The Secretary of Labor shall establish within the Employment Standards Administration a task force to be known as the Labor Exploitation Task Force (hereafter in this title referred to as the ``Task Force''). (b) Composition.--The Task Force shall be composed of members who are appointed by the Secretary of Labor. SEC. 102. DUTIES. (a) Mandatory.--The Task Force shall-- (1) assist the Secretary of Labor in the enforcement of the Fair Labor Standards Act of 1938, the Occupational Health and Safety Act, and any other Federal laws related to labor; (2) identify industries that have a history of violating laws with respect to labor, work place safety and health, or illegal immigration; (3) in coordination with other Federal agencies and State and local agencies, develop an interagency strategy to monitor, investigate, and inspect industries for violations of laws with respect to labor, work place safety and health, or illegal immigration, including, to the extent practicable, the conduct of joint inspections of industries by Federal agencies and State and local enforcement agencies); (4) advise a State or local enforcement agency on the implementation of any strategic activity described in paragraph (3) at the local level; (5) develop and define basic principles of conduct that enforcement personnel are to follow during an inspection or investigation described in paragraph (3) or during other contact with the public; (6) develop a system that centralizes Federal, State, and local data bases with respect to industries that have violated the labor, work place safety and health, or illegal immigration laws enforced by each participating enforcement agency; and (7) disseminate information to State and local agencies on the successful outcomes of the investigative, inspection, and preventive activities described in paragraph (3). (b) Discretionary.--The Task Force may seek advice from, or coordinate efforts to encourage cooperation among, Federal agencies concerned with the prevention of illegal immigration and the hiring and exploitation of undocumented immigrants. SEC. 103. CIVIL PENALTIES. (a) Increase in Fines.--For the purposes described in subsection (b), the Secretary of Labor may increase fines prescribed by Federal law with respect to labor law violations. (b) Use of Amount of Fines.--The Secretary of Labor shall use the excess amount collected from a fine increased under subsection (a) for additional labor enforcement personnel, equipment, or the provision of incentives to encourage State and local enforcement agencies to cooperate in the activities described in section 102(a)(3). SEC. 104. PROHIBITION ON RETALIATION. An employer may not retaliate against an employee (including the termination of such employee) for participation or cooperation in any investigative, inspection, or preventive activity carried out under this title. SEC. 105. DEFINITION. For purposes of this title, the term ``State and local enforcement agencies'' means a State or local governmental entity that is responsible for the enforcement of laws related to labor. TITLE II--CITIZENSHIP PROMOTION SEC. 201. CITIZENSHIP PROMOTION BUREAU WITHIN THE DEPARTMENT OF JUSTICE. (a) Establishment.--There is established within the Department of Justice a Citizenship Promotion Bureau. (b) Director.--The Bureau shall be headed by a Director of Citizenship Promotion, who shall be a naturalized citizen of the United States and who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Purpose.--The Bureau shall be responsible for the implementation of a comprehensive program of encouraging and assisting immigrants to become naturalized citizens as soon as they become eligible to do so. (d) Cooperative Agreements.--The Director is authorized to enter into cooperative agreements with Federal, State, and local governmental agencies and with private entities to carry out the purpose of the Bureau. (e) Transfer of Functions, Personnel, and Assets.--The Attorney General shall transfer to the Bureau established all functions, personnel, and assets which the Immigration and Naturalization Service exercised, employed, or held before the date of the enactment of this Act in carrying out its responsibilities relating to citizenship and naturalization. SEC. 202. NATIONAL CITIZENSHIP ADVISORY BOARD. (a) Establishment.--The Director is authorized to establish a national citizenship advisory board for the purpose of providing advice and recommendations to the Director on matters relating to the granting of citizenship status to aliens lawfully admitted for permanent residence in the United States. (b) Applicability of Federal Advisory Committee Act.--The advisory board shall be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix 2). SEC. 203. NATURALIZATION FEE ACCOUNT. (a) Establishment.--(1) There is established in the Treasury of the United States a Naturalization Fee Account, which shall consist of the fees described in subsection (b). (2) Funds in the Account shall be available to carry out the activities of the Bureau. (b) Transfer of Fees.--Fees collected by the Bureau in connection with the performance of naturalization services shall be deposited in the account established under subsection (a). (c) Fee Levels.--(1) The Director shall review and reevaluate the amount of each fee charged for the performance of naturalization services. (2) The Director shall assure that the total amount of fees collected would cover the full cost of efficiently providing such services, including the costs of administering the Bureau and performing related outreach activities. (3) The Director shall, by regulation, prescribe the amount of each fee to cover the costs described in paragraph (2). (d) Annual Report.--Not later than one year after the date of enactment of this Act, and every year thereafter, the Attorney General and the Director shall jointly submit a report to Congress which-- (1) assesses the financial condition of the Naturalization Fee Account; and (2) describes the activities of the Bureau. SEC. 204. REDESIGNATION OF IMMIGRATION AND NATURALIZATION SERVICE. (a) Redesignation.--Effective on the date of enactment of this Act, the Immigration and Naturalization Service shall be referred to as the Immigration Service. (b) Conforming Amendments.--(1) Section 101(a)(34) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(34) is amended by striking ``and Naturalization''. (2) Section 4 of the Act entitled ``An Act to establish the Department of Commerce and Labor'', approved February 14, 1903 (8 U.S.C. 1551) is amended by striking ``and Naturalization''. (3) Section 7 of the Act entitled ``An Act in amendment to the various acts related to immigration and the importation of aliens under contract or agreement to perform labor, approved March 3, 1891 (8 U.S.C. 1552) is amended by striking ``and Naturalization''. SEC. 205. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Attorney General or the Commissioner with regard to functions transferred under section 201, shall be deemed to refer to the Director; (2) the Service with regard to functions transferred under section 201, shall be deemed to refer to the Bureau; and (3) the Immigration and Naturalization Service shall be deemed to refer to the Immigration Service. TITLE III--IMMIGRATION ENFORCEMENT PRACTICES SEC. 301. IMMIGRATION ENFORCEMENT COMPLAINTS. (a) Establishment of Office.--There shall be established in the Department of Justice the Office of Immigration Enforcement Complaints. (b) Commissioner.--There shall be at the head of the Office an Immigration Enforcement Complaint Commissioner, who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioner shall be directly responsible to the Attorney General for carrying out his duties. (c) Duties.--The Commissioner shall-- (1) have power to investigate any complaint of an unlawful immigration enforcement practice; (2) make recommendations on specific policy and disciplinary actions to the Attorney General with respect to employees of the Department; (3) make recommendations to the Attorney General for the reform of procedures applicable to the investigation of complaints of unlawful immigration enforcement practices and for disciplinary action against Department employees who engaged in such action; and (4) make recommendations to the Attorney General with respect to bringing prosecutions against employees of the Department who committed criminal offenses in the course of an unlawful immigration enforcement practice. (d) Compensation.--The Commissioner is entitled to receive compensation at a rate not to exceed the maximum rate payable for a position above GS-15 of the General Schedule, under section 5332 of title 5, United States Code. (e) Regional Offices.--The Commissioner, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary to carry out his duties. (f) Early Warning Program.--The Commissioner shall develop a system of procedures, that may be referred to as the ``early warning program'', that is designed-- (1) to identify Border Patrol officers who have been the subject of an excessive number of legitimate complaints of unlawful immigration enforcement practices; (2) to provide assistance to such officers in avoiding such difficulty in the future, including the provision of training in communication techniques, conflict resolution, and stress management; and (3) to recommend discipline where appropriate. (g) Protection Against Retaliation.--It shall be unlawful for the Department, or any officer thereof, to discriminate against any employee or applicant for employment because the individual has opposed any practice made an unlawful immigration enforcement practice by this section or because the individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (h) Records.--The Commissioner shall collect and maintain records on all complaints of unlawful immigration enforcement practices filed with the Department. (i) Annual Report.--Beginning one year after the date of enactment of this Act, and every year thereafter, the Commissioner shall submit a report to Congress setting forth a statistical summary of the complaints of unlawful immigration enforcement practices filed with the Department during the preceding 12-month period. (j) Authorization of Appropriations.--There are authorized to be appropriated to the Commissioner such sums as may be necessary to carry out this section. (k) Definitions.--For purposes of this section-- (1) the term ``Commissioner'' means the Immigration Enforcement Complaint Commissioner appointed under subsection (a); (2) the term ``Department'' means the Department of Justice; and (3) the term ``unlawful immigration enforcement practice'' means the excessive use of force, or demonstrated difficulty in dealing appropriately with members of the public, in the course of carrying out immigration enforcement activities.

TABLE OF CONTENTS: Title I: Labor Exploitation Task Force Title II: Citizenship Promotion Title III: Immigration Enforcement Practices Immigration Enforcement Reform Act of 1994 - Title I: Labor Exploitation Task Force - Directs the Secretary of Labor to establish within the Employment Standards Administration the Labor Exploitation Task Force. Title II: Citizenship Promotion - Establishes within the Department of Justice a Citizenship Promotion Bureau to assist in the rapid naturalization of eligible immigrants. Transfers citizenship and naturalization functions and personnel of the Immigration and Naturalization Service (INS) to such Bureau. Authorizes the establishment of a national citizenship advisory board. Establishes in the Treasury a Naturalization Fee Account. Redesignates the INS as the Immigration Service. Title III: Immigration Enforcement Practices - Establishes in the Department of Justice the Office of Immigration Enforcement Complaints. Authorizes appropriations.

Immigration Enforcement Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yukon River Salmon Act of 1995''. SEC. 2. PURPOSES. It is the purpose of this Act-- (1) to implement the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995; (2) to provide for representation by the United States on the Yukon River Panel established under such agreement; and (3) to authorize to be appropriated sums necessary to carry out the responsibilities of the United States under such agreement. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Agreement'' means the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995; (2) the term ``Panel'' means the Yukon River Panel established by the Agreement; and (3) the term ``Yukon River Joint Technical Committee'' means the technical committee established by paragraph C.2 of the Memorandum of Understanding concerning the Pacific Salmon Treaty between the Government of the United States and the Government of Canada recorded January 28, 1985. SEC. 4. PANEL. (a) Representation.--The United States shall be represented on the Panel by six individuals, of whom-- (1) one (1) shall be an official of the United States Government with expertise in salmon conservation and management; (2) one (1) shall be an official of the State of Alaska with expertise in salmon conservation and management; and (3) four (4) shall be knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. (b) Appointments.--Panel members shall be appointed as follows: (1) The Panel member described in subsection (a)(1) shall be appointed by the Secretary of State. (2) The Panel member described in subsection (a)(2) shall be appointed by the Governor of Alaska. (3) The Panel members described in subsection (a)(3) shall be appointed by the Governor of Alaska, who shall consider nominations provided by organizations with expertise in Yukon River salmon fisheries. The Governor of Alaska shall appoint at least one member under subsection (a)(3) who is qualified to represent the interests of Lower Yukon River fishing districts, and at least one member who is qualified to represent the interests of Upper Yukon River fishing districts. At least one of the Panel members under subsection (a)(3) shall be an Alaska Native. (c) Alternates.--The Secretary of State and Governor of Alaska may designate an alternate Panel member for each Panel member they appoint under subsection (b), who meets the same qualifications, to serve in the absence of the Panel member. (d) Term Length.--Panel members and alternate Panel members shall serve four-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (e) Reappointment.--Panel members and alternate Panel members shall be eligible for reappointment. (f) Decisions.--Decisions by the United States section of the Panel shall be made by the consensus of the Panel members appointed under paragraphs (2) and (3) of subsection (a). (g) Consultation.--In carrying out their functions under the Agreement, Panel members may consult with such other interested parties as they consider appropriate. SEC. 5. ADVISORY COMMITTEE. (a) Appointments.--The Governor of Alaska may appoint an Advisory Committee of not less than eight (8), but not more than twelve (12), individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. Members of the Advisory Committee may attend all meetings of the United States section of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration by the United States section of the Panel. (b) Compensation.--The members of such advisory committee shall receive no compensation for their services. (c) Term Length.--Advisory Committee members shall serve two-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (d) Reappointment.--Advisory Committee members shall be eligible for reappointment. SEC. 6. EXEMPTION. The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the Panel, the Yukon River Joint Technical Committee, or the Advisory Committee created under section 5 of this Act. SEC. 7. AUTHORITY AND RESPONSIBILITY. (a) Responsible Management Entity.--The State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of the Agreement. (b) Effect of Designation.--The designation under subsection (a) shall not be considered to expand, diminish or change the management authority of the State of Alaska or the Federal Government with respect to fishery resources. (c) Recommendations of Panel.--In addition to recommendations made by the Panel to the responsible management entities in accordance with the Agreement, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of Interior, Department of Commerce, Department of State, North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature. SEC. 8. CONTINUATION OF AGREEMENT. In the event that the Treaty between Canada and the United States of America Concerning Pacific Salmon, signed at Ottawa, January 28, 1985, terminates prior to the termination of the Agreement, and the functions of the Panel are assumed by the ``Yukon River Salmon Commission'' referenced in the Agreement, the provisions of this Act which apply to the Panel shall thereafter apply to the Yukon River Salmon Commission, and the other provisions of this Act shall remain in effect. SEC. 9. ADMINISTRATIVE MATTERS. (a) Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS-16 of the General Schedule when engaged in the actual performance of duties. (b) Travel and other necessary expenses shall be paid for all Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties. (c) Except for officials of the United States Government, individuals described in subsection (b) shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 71 of title 28, United States Code. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Agreement and this Act including-- (1) necessary travel expenses of Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee in accordance with Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code; (2) the United States share of the joint expenses of the Panel and the Joint Technical Committee, provided that Panel members and alternate Panel members shall not, with respect to commitments concerning the United States share of the joint expenses, be subject to section 262(b) of title 22, United States Code, insofar as it limits the authority of United States representatives to international organizations with respect to such commitments; and (3) by the Secretary of Commerce, $400,000 in each of fiscal years 1996, 1997, 1998, and 1999 to be contributed to the Yukon River Restoration and Enhancement Fund and used in accordance with the Agreement.

Yukon River Salmon Act of 1995 - Provides for the U.S. representation on the Yukon River Panel established by a specified interim agreement between the United States and Canada regarding the conservation of salmon stocks originating from the Yukon River in Canada. Authorizes the Governor of Alaska to appoint a related advisory committee. Designates the State of Alaska Department of Fish and Game the responsible management entity for the United States for the agreement. Declares that, if a specified treaty between Canada and the United States concerning Pacific salmon terminates prior to termination of the agreement, the functions of the Panel are assumed by the Yukon River Salmon Commission. Authorizes appropriations to carry out the agreement and this Act.

Yukon River Salmon Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``FERS Federal Deposit Insurance Corporation Buyback Act of 2001''. SEC. 2. CREDITABILITY OF SERVICE. (a) In General.--Section 8411(b) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by inserting after paragraph (5) the following: ``(6) subject to subsection (k), service as a temporary or intermittent employee for the Federal Deposit Insurance Corporation not otherwise creditable for purposes of this chapter, performed after December 31, 1988, and before January 1, 2001, of at least 1 year's duration (whether performed over a continuous period or otherwise), but only if the individual performing such service later becomes subject to this chapter, and such service is not credited for purposes of any benefit under any other retirement system established by a law of the United States (disregarding the Social Security Act and chapter 83 of this title).''. (b) Deposit Requirement.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(k)(1) An employee or Member shall, with respect to any service described in subsection (b)(6) performed by such employee or Member, be required to deposit to the credit of the Fund an amount equal to 1.3 percent of basic pay for such service. ``(2) Any deposit under paragraph (1) made more than 5 years after the later of-- ``(A) October 1, 2001, or ``(B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of temporary or intermittent service for which such deposit is due, shall include interest on such amount, computed in the manner described in subsection (f)(3) and compounded annually beginning on the date of the expiration of the 5-year period. ``(3) If the deposit under paragraph (1) is not made or if less than the entire amount of such deposit is made-- ``(A) service of the employee or Member described in subsection (b)(6) shall be fully creditable; but ``(B) any annuity under this chapter based on the service of such employee or Member shall be reduced in a manner similar to that described in section 8418(b).''. SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED. (a) In General.--The Office of Personnel Management shall prescribe regulations under which credit for service, as described in section 8411(b)(6) of title 5, United States Code, as added by this Act, which was performed by an individual who has separated from Government service may be obtained. (b) Requirements.--Under the regulations, credit shall not be given under this section unless appropriate written application is submitted, not later than December 31, 2001, in such form and manner as the regulations require. (c) Recomputation of Annuity.-- (1) In general.--Any annuity or survivor annuity payable as of when an application under this subsection is submitted shall be recomputed to take into account any service described in section 8411(b)(6) of title 5, United States Code (performed by the individual on whose service the annuity is based), effective with respect to amounts accruing for months beginning more than 30 days after the date on which such application is submitted. (2) Condition.--If the full amount of the deposit required under section 8411(k) of such title 5 is not timely made (before such deadline as the Office shall by regulation prescribe) with respect to any service as to which the application under paragraph (1) relates, an appropriate reduction shall be made in the recomputed annuity in accordance with paragraph (3) of such section 8411(k). Interest shall not be included as part of any deposit under this subsection. SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL MANAGEMENT. (a) Notice.--The Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals of any rights they might have as a result of the enactment of this Act. (b) Assistance.--The Office shall, on request, assist any individual in obtaining from the Federal Deposit Insurance Corporation any information in the possession of such corporation which may be necessary to verify the entitlement of such individual to have any service credited under section 8411(b)(6) of title 5, United States Code, as added by this Act, or to have an annuity recomputed under section 3(c). (c) Information.--At the request of the Office, the Federal Deposit Insurance Corporation shall provide any information with respect to an individual's performance of any service described in such section 8411(b)(6) to the Office.

FERS Federal Deposit Insurance Corporation Buyback Act of 2001 - Includes service as a temporary or intermittent Federal Deposit Insurance Corporation employee of at least one year's duration, performed after December 31, 1988 and before January 1, 2001, whether performed over a continuous period or otherwise, as creditable service under the Federal Employees' Retirement System (FERS), but only if such employee later becomes subject to FERS and such service is not credited for purposes of any benefit under any other retirement system established by U.S. law (disregarding the Social Security Act and provisions of the Civil Service Retirement System (CSRS)).Requires such employee to deposit to the credit of the Civil Service Retirement and Disability Fund an amount equal to 1.3 percent of basic pay for such service. Requires any deposit made more than five years after the later of October 1, 2001, or the date on which the employee first becomes a Federal employee following the period of temporary or intermittent FDIC service to include interest.Directs the Office of Personnel Management to prescribe regulations for crediting such service to an individual who has separated from the Government. Requires recomputation of an annuity or a survivor annuity to take into account such service.

To amend chapter 84 of title 5, United States Code, to make certain temporary Federal service performed for the Federal Deposit Insurance Corporation creditable for retirement purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stigler Act Amendments of 2018''. SEC. 2. IN GENERAL. The first section of the Act of August 4, 1947 (61 Stat. 731, chapter 458), is amended-- (1) in the matter before subsection (a), by striking ``That all restrictions'' and all that follows through subsection (a) and inserting the following: ``Sec. 1. (a) All restrictions against alienation, conveyance, lease, mortgage, creation of liens, or other encumbrances upon all lands, including oil and gas or other mineral interests, in Oklahoma belonging to a lineal descendant by blood of an original enrollee whose name appears on the Final Indian Rolls of the Five Civilized Tribes in Indian Territory, whether acquired by allotment, inheritance, devise, gift, purchase, exchange, partition, partition sale, or by purchase with restricted funds, of whatever degree of Indian blood, and whether enrolled or unenrolled, shall be and are hereby, extended until an Act of Congress determines otherwise. ``(b) The extension of restrictions described in subsection (a) shall include without limitation, those interests in the estate of a decedent Indian who died before the date of enactment of the Stigler Act Amendments of 2018-- ``(1) if such interests were acquired by an heir or devisee of one-half or more degree of Indian blood, as computed from the nearest enrolled lineal ancestors of Indian blood enrolled on the Final Rolls described in subsection (a), by final order issued by an Oklahoma district court or a United States district court determining the decedent's heirs or devisees or otherwise determining the ownership of said interests before said date; or ``(2) if such interests were, immediately prior to the decedent's death, subject to restrictions and had not, as of the date of enactment of the Stigler Act Amendments of 2018, been-- ``(A) the subject of a final order issued by an Oklahoma district court or a United States district court determining the decedent's heirs or devisees or otherwise determining the ownership of said interests; ``(B) conveyed by the decedent's undetermined heirs or devisees by deed approved by an Oklahoma district court; or ``(C) conveyed by the decedent's undetermined heirs or devisees of less than one-half degree of Indian blood with or without Oklahoma district court approval. ``Sec. 2. (a) Except as provided in subsection (f), subsection (g), subsection (h), and subsection (i), no conveyance, including an oil and gas or mineral lease, of any interest in the restricted lands described in this section shall be valid unless approved in open court by the district court of the county in Oklahoma in which the land is situated;''; (2) in subsection (b)-- (A) by striking ``county judge'' and inserting ``district judge''; and (B) by striking ``Proceedings for approval of conveyances by restricted heirs or devisees'' and inserting ``Proceedings for approval of conveyances''; (3) in subsection (c), by striking ``best interest of the Indian'' and inserting ``best interest of the grantor''; and (4) by adding before the period at the end the following: ``; (h) nothing contained in this section shall limit or affect the right of an Indian owner of restricted lands described in this Act to seek and obtain Secretarial removal of restrictions on all or any portion of said restricted lands in accordance with any applicable Federal law; (i) nothing contained in this section shall invalidate the alienation, conveyance, lease, including oil and gas or other mineral leases, mortgage, creation of liens, or other encumbrance of any lands, if such action was effective before the date of enactment of the Stigler Act Amendments of 2018 and valid under the law then in effect; and (j) in determining the quantum of Indian blood of any Indian heir or devisee, the Final Indian Rolls of the Five Civilized Tribes in Indian Territory as to such heir or devisee, if enrolled, shall be conclusive of his or her quantum of Indian blood. If unenrolled, his or her degree of Indian blood shall be computed from the nearest enrolled lineal ancestors of Indian blood enrolled on the Final Indian Rolls of the Five Civilized Tribes in Indian Territory''. SEC. 3. TECHNICAL AMENDMENTS. The Act of August 4, 1947 (61 Stat. 731, chapter 458), is amended-- (1) in section 5, by striking ``of one-half or more Indian blood,''; (2) in section 6(c)-- (A) by inserting ``purchase, partition sale,'' after ``gift,'' each place it appears; and (B) by striking ``of one-half or more Indian blood''; and (3) in section 8, by striking ``of one-half or more Indian blood,''. SEC. 4. REPEALS. The following are repealed: (1) The first section of the Act of August 11, 1955 (69 Stat. 666, chapter 768). (2) Section 2 of the Act of August 4, 1947 (61 Stat. 731, chapter 458). SEC. 5. RULE OF CONSTRUCTION PROVIDING FOR NO RETROACTIVITY. Nothing in this Act, or the amendments made by this Act, shall be construed to revise or extend the restricted status of any lands under the Act of August 4, 1947 (61 Stat. 731, chapter 458) that lost restricted status under such Act before the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Stigler Act Amendments of 2017 This bill amends the Act of August 4, 1947 (commonly known as the Stigler Act) to revise the qualifications that must be met by a person who inherits land originally allotted to members of the Five Civilized Tribes of Oklahoma (the Choctaw, Chickasaw, Creek, Cherokee, and Seminole tribes) for that land to remain in restricted status. When land is in restricted status, it is not subject to taxation and may not be sold or transferred without permission of the Department of the Interior. Under current law, the restricted fee status of land allotted to the Five Tribes is maintained only if the individual holding title has at least 50% Indian blood from one of the Five Tribes. This bill removes this requirement. Thus, the restricted fee status is maintained for all lineal descendants of an original enrollee whose name appears on the membership rolls of the Five Tribes.

Stigler Act Amendments of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voyageurs National Park Accessibility and Partnership Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) Voyageurs National Park serves as a unique Federal park unit in one of the Nation's distinguished natural ecosystems; (2) Voyageurs National Park shall serve as a year-round multiple-use recreational unit as mandated under Public Law 91- 661; (3) current management of Voyageurs National Park has unilaterally restricted use and accessibility within certain portions of the park; (4) intergovernmental cooperation that respects and emphasizes the role of State, local, and tribal governments in land management decision-making processes is essential to optimize the protection and development of social, historical, cultural, and recreational resources; and (5) the national interest is served by-- (A) improving the management and protection of Voyageurs National Park; (B) ensuring appropriate public access, enjoyment, and use throughout Voyageurs National Park; and (C) allowing Federal, State, local, and tribal governments to engage in an innovative management partnership in Federal land management decisionmaking processes. SEC. 3. PLANNING AND MANAGEMENT COUNCIL. Public Law 91-661 (16 U.S.C. 160 et seq.) is amended-- (1) by redesignating sections 304 and 305 (16 U.S.C. 160i and 160j) as sections 306 and 307, respectively; and (2) by inserting after section 303 (16 U.S.C. 160h) the following: ``SEC. 304. PLANNING AND MANAGEMENT COUNCIL. ``(a) Establishment.--There is established the Voyageurs National Park Intergovernmental Council (referred to in this Act as the `Council'). ``(b) Duties of the Council.--The Council shall develop and monitor a comprehensive management plan for the park in accordance with section 305. ``(c) Membership.--The Council shall be composed of 11 members, appointed by the Secretary, of whom-- ``(1) 1 member shall be the Assistant Secretary for Fish and Wildlife and Parks, or a designee; ``(2) 3 members shall be appointed, from recommendations by the Governor of Minnesota, to represent the Department of Natural Resources, the Office of Tourism, and the Environmental Quality Board, of the State of Minnesota; ``(3) 1 member shall be a commissioner from each of the counties of Koochiching and Saint Louis, appointed from recommendations by each of the county boards of commissioners; ``(4) 1 member shall be a representative from the cities of International Falls and Orr, appointed from recommendations by each of the city councils; ``(5) 1 member shall be a State senator who represents a legislative district that contains a portion of the park, appointed from a recommendation by the Governor of Minnesota; ``(6) 1 member shall be a State representative who represents a legislative district that contains a portion of the park, appointed from a recommendation by the Governor of Minnesota; ``(7) 1 member shall be an elected official from the Northern Counties Land-Use Coordinating Board, appointed from recommendations by the Board; and ``(8) 1 member shall be an elected official of the Native American community to represent the 1854 Treaty Authority, appointed from recommendations by the Authority. ``(d) Advisory Committees.-- ``(1) In general.--The Council may establish 1 or more advisory committees for consultation, including committees consisting of members of conservation, sportsperson, business, professional, civic, and citizen organizations. ``(2) Funding.--An advisory committee established under paragraph (1) may not receive any amounts made available to carry out this Act. ``(e) Quorum.--A majority of the members of the Council shall constitute a quorum. ``(f) Chairperson.-- ``(1) Election.--The members of the Council shall elect a chairperson of the Council from among the members of the Council. ``(2) Terms.--The chairperson shall serve not more than 2 terms of 2 years each. ``(g) Meetings.--The Council shall meet at the call of the chairperson or a majority of the members of the Council. ``(h) Staff and Services.-- ``(1) Staff of the council.--The Council may appoint and fix the compensation of such staff as the Council considers necessary to carry out this Act. ``(2) Procurement of temporary services.--The Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(3) Administrative support services.--The Administrator of General Services shall provide to the Council, on a reimbursable basis, such administrative support services as the Council requests. ``(4) Provision by the secretary.--On a request by the Council, the Secretary shall provide personnel, information, and services to the Council to carry out this Act. ``(5) Provision by other federal departments and agencies.--A Federal agency shall provide to the Council, on a reimbursable basis, such information and services as the Council requests. ``(6) Provision by the governor.--The Governor of Minnesota may provide to the Council, on a reimbursable basis, such personnel and information as the Council may request. ``(7) Subpoenas.--The Council may not issue a subpoena nor exercise any subpoena authority. ``(i) Procedural matters.-- ``(1) Guidelines for conduct of business.--The following guidelines apply with respect to the conduct of business at meetings of the Council: ``(A) Open meetings.--Each meeting shall be open to the public. ``(B) Public notice.--Timely public notice of each meeting, including the time, place, and agenda of the meeting, shall be published in local newspapers and such notice may be given by such other means as will result in wide publicity. ``(C) Public participation.--Interested persons shall be permitted to give oral or written statements regarding the matters on the agenda at meetings. ``(D) Minutes.--Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of all proceedings and matters discussed and conclusions reached, and copies of all statements filed. ``(E) Public inspection of record.--The administrative record, including minutes required under subparagraph (D), of each meeting, and records or other documents that were made available to or prepared for or by the Council incident to the meeting, shall be available for public inspection and copying at a single location. ``(2) New information.--At any time when the Council determines it appropriate to consider new information from a Federal, State, or local agency or from a Council advisory body, the Council shall give full consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on management measures. ``(j) Compensation.-- ``(1) In general.--A member of the Council who is not an officer or employee of the Federal government shall serve without pay when carrying out duties pursuant to this Act. ``(2) Travel expenses.--While away from the home or regular place of business of the member in the performance of services for the Council, a member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Federal Government service are allowed expenses under section 5703 of title 5, United States Code. ``(k) Funding.--Of amounts appropriated to the National Park Service for a fiscal year, the Secretary shall make available such amounts as the Council shall request, not to exceed $150,000 for the fiscal year. ``(l) Termination of Council.--The Council shall terminate on the date that is 10 years after the date of enactment of this subsection. ``SEC. 305. MANAGEMENT PLAN. ``(a) Schedule.-- ``(1) In general.--Not later than 3 years after the date of enactment of this subsection, the Council shall submit to the Secretary and the Governor of Minnesota a comprehensive management plan (referred to in this section as the `plan') for the park, to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions. ``(2) Preliminary report.--Not later than 1 year after the date of the first meeting of the Council, the Council shall submit a preliminary report to the Secretary describing the process to be used to develop the plan. ``(b) Development of Plan.-- ``(1) In general.--In developing the plan, the Council shall examine all relevant issues, including-- ``(A) appropriate public access and recreational use, including-- ``(i) snowmobiling opportunities; ``(ii) campsites and trails; ``(iii) the management policies of harvesting fish and wildlife; ``(iv) aircraft access throughout the park; ``(v) policies affecting hiking, bicycling, snowshoeing, skiing, current watercraft opportunities, and other recreational activities the Council considers appropriate for the park; and ``(vi) visitation and services at the Kettle Falls facilities; ``(B) the proper distribution of visitors in the park; ``(C) a comprehensive visitor education program; and ``(D) the need for wilderness management for certain areas of the park. ``(2) Conditions.--In carrying out subparagraphs (A) through (D) of paragraph (1), the Council shall-- ``(A) be subject to relevant environmental law; ``(B) consult on a regular basis with appropriate officials of each international, Federal, or State agency or local government that has jurisdiction over land or water in the park; ``(C) consult with interested conservation, sportsperson, business, professional, civic, and citizen organizations; and ``(D) conduct public meetings at appropriate places to provide interested persons the opportunity to comment on matters to be addressed by the plan. ``(3) Prohibited considerations.--The Council may not consider-- ``(A) removing park designation; or ``(B) allowing mining, logging, or commercial or residential development. ``(4) Report.--The Council shall report to the International Joint Commission on water levels in the Rainy Lake Watershed, pursuant to the Convention Providing for Emergency Regulation of the Level of Rainy Lake and of Certain Other Boundary Waters, signed at Ottawa September 15, 1938 (54 Stat. 1800). ``(c) Approval of Plan.-- ``(1) Submission to secretary and governor.--The Council shall submit the plan to the Secretary and the Governor of Minnesota for review. ``(2) Approval or disapproval by secretary.-- ``(A) Review by the governor.--The Governor may comment on the plan not later than 60 days after receipt of the plan from the Council. ``(B) Secretary.-- ``(i) In general.--The Secretary shall approve or disapprove the plan not later than 90 days after receipt of the plan from the Council. ``(ii) Criteria for review.--In reviewing the plan, the Secretary shall consider-- ``(I) the adequacy of public participation; ``(II) assurances of plan implementation from State and local officials in Minnesota; ``(III) the adequacy of regulatory and financial tools that are in place to implement the plan; ``(IV) provisions of the plan for continuing oversight by the Council of implementation of the plan; and ``(V) the consistency of the plan with Federal law. ``(iii) Notification of disapproval.--If the Secretary disapproves the plan, the Secretary shall, not later than 30 days after the date of disapproval, notify the Council in writing of the reasons for the disapproval and provide recommendations for revision of the plan. ``(C) Revision and resubmission.--Not later than 60 days after receipt of a notice of disapproval under subparagraph (B) or (D), the Council shall revise and resubmit the plan to the Secretary for review. ``(D) Approval or disapproval of revision.--The Secretary shall approve or disapprove a plan submitted under subparagraph (C) not later than 30 days after receipt of the plan from the Council. ``(d) Review and Modification of Implementation of Plan.--The Council-- ``(1) shall review and monitor the implementation of the plan; and ``(2) may, after providing for public comment and after approval by the Secretary, modify the plan, if the Council and the Secretary determine that the modification is necessary to carry out this Act. ``(e) Interim Program.--Before the approval of the plan, the Council shall advise and cooperate with appropriate Federal, State, local, and tribal governmental entities to minimize adverse impacts on the park. ``(f) National Park Service Regulations.--During the period beginning on the date of enactment of this subsection and ending on the date a management plan is approved by the Secretary under subsection (c)(2), the Secretary may not issue any regulation that relates to the park, except for-- ``(1) regulations required for routine business, such as maintenance, visitor education, and law enforcement; and ``(2) emergency regulations. ``(g) State and Local Jurisdiction.--Nothing in this Act diminishes, enlarges, or modifies any right of the State of Minnesota or any political subdivision of the State to-- ``(1) exercise civil and criminal jurisdiction; ``(2) carry out State fish and wildlife laws in the park; or ``(3) tax persons, corporations, franchises, or private property on land and water included in the park.''.

Voyageurs National Park Accessibility and Partnership Act of 1996 - Amends Federal law to establish the Voyageurs National Park Intergovernmental Council, which shall develop and monitor a comprehensive management plan (plan) for the Voyageurs National Park, Minnesota. Sets forth provisions regarding Council membership and termination, procedural matters, compensation, and funding. Requires the Council: (1) to submit to the Secretary of the Interior and the Governor of Minnesota a plan for the park (to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions) and to submit a preliminary report to the Secretary; and (2) in developing the plan, to examine all relevant issues, including appropriate public access and recreational use, the proper distribution of visitors in the park, a comprehensive visitor education program, and the need for wilderness management for certain park areas. Bars the Council from considering removing park designation or allowing mining, logging, or commercial or residential development. Directs the Council to: (1) report to the International Joint Commission on water levels in the Rainy Lake Watershed; (2) submit the plan to the Secretary and Governor for review (and requires the Secretary to approve or disapprove the plan within 90 days); (3) review and monitor the implementation of the plan (and authorizes the Council, after public comment and approval by the Secretary, to modify the plan if the Council and the Secretary determine that the modification is necessary); and (4) advise and cooperate with appropriate Federal, State, local, and tribal governmental entities, before the approval of the plan, to minimize adverse impacts on the park. Bars the Secretary, from the date of enactment through the date a management plan is approved, from issuing regulations relating to the park, except for regulations required for routine business and emergency regulations.

Voyageurs National Park Accessibility and Partnership Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gang Elimination Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) The number of documented members of gangs located in the United States has grown to over 800,000. This number is larger than all but six armies in the world. (2) Gangs run by international drug cartels represent a clear and present danger to the national security of the United States. (3) Drug gangs have become one of the principle means of importing and distributing illegal narcotics in the United States. (4) Drug gangs are now operating within suburban communities. Some police departments and some sheriffs' offices located in such communities are less prepared than police departments and sheriffs' offices located in urban communities to reduce this threat. (5) The average recruit into a gang is in the seventh grade. (6) Gangs run by international drug cartels now number in the hundreds of thousands, across city, State, and national boundaries. (7) Current efforts by municipal and State law enforcement communities have not eliminated this threat to the Nation, law and order, or to children. (8) Only the Federal Government can muster the strategy, resources, and intelligence to remove this growing danger to the people in the United States. SEC. 3. NATIONAL STRATEGY TO ELIMINATE THE ILLEGAL OPERATIONS OF THE THREE INTERNATIONAL DRUG GANGS THAT PRESENT THE BIGGEST THREAT IN THE UNITED STATES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to Congress a report, in both classified and unclassified form, setting forth a national strategy to eliminate within the period that is four years after the date of such submission the illegal operations of each National Threat Drug Gang designated under subsection (b). In addition to such strategy, the report shall include the following information: (1) A list identifying each of such National Threat Drug Gangs. (2) A description of the composition, operations, strengths, and weaknesses of each of such National Threat Drug Gangs. (b) Designation of National Threat Drug Gangs.--In developing the national strategy under subsection (a), the Attorney General shall identify the top three international drug gangs that present the greatest threat to law and order in the United States and shall designate each such gang as a ``National Threat Drug Gang''. For purposes of identifying such gangs, the Attorney General shall consider-- (1) the extent to which, for the purpose of committing a drug-related offense, the gang conducts activities with any international terrorist organization or state designated by the Secretary of State as a state sponsor of terrorism, as compared to the extent to which other international drug gangs conduct such activities for such purpose; (2) the volume of controlled substances (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802)) that such gang imports to or distributes within the United States, as compared to the volume of controlled substances that other international drug gangs import to or distribute within the United States; and (3) the extent to which the gang is a threat to children and schools within the United States, as compared to the extent to which other international drug gangs are such a threat. (c) Definitions.--For purposes of this Act: (1) Drug gang.--The term ``drug gang'' means an ongoing group, club, organization, or association of 50 or more individuals-- (A) that has as one of its primary purposes the commission of one or more drug-related offenses; (B) the members of which engage, or have engaged within the past five years, in a continuing series of drug-related offenses; and (C) the activities of which-- (i) include crimes of violence, as defined in section 16 of title 18, United States Code (including rape); and (ii) affect interstate or foreign commerce. (2) Drug-related offense.--The term ``drug-related offense'' means-- (A) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years, including a crime involving the manufacturing, importing, distributing, dispensing, or possessing with the intent to manufacture, distribute, or dispense such a controlled substance; and (B) a conspiracy to commit an offense described in subparagraph (A). (3) International drug gang.--The term ``international drug gang'' means a drug gang that-- (A) conducts activities that affect foreign commerce; or (B) conspires with another drug gang that conducts activities that affect foreign commerce.

Gang Elimination Act of 2006 - Directs the Attorney General to report to Congress on a national strategy to eliminate the illegal operations of National Threat Drug Gangs (i.e., the top three international drug gangs that present the greatest threat to law and order in the United States). Sets forth criteria for the Attorney General to consider in identifying a National Threat Drug Gang, including (1) ties to international terrorist organizations or state-sponsored terrorism; (2) the volume of controlled substances imported or distributed by such gangs; and (3) the threat to children and schools in the United States.

To require the Attorney General to develop a national strategy to eliminate the illegal operations of the top three international drug gangs that present the greatest threat to law and order in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Medicare-Dependent Hospitals Preservation Act of 2011''. SEC. 2. CRITERIA AND PAYMENT FOR CERTAIN URBAN MEDICARE-DEPENDENT HOSPITALS. (a) In General.--Section 1886(d)(5) of the Social Security Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2011, and before October 1, 2014, in the case of a subsection (d) hospital which is an urban Medicare-dependent hospital, payment under paragraph (1)(A) shall be equal to the sum of the amount determined under clause (ii) and the amount determined under paragraph (1)(A)(iii). ``(ii) The amount determined under this clause is, for discharges occurring during a cost reporting period that begins on or after October 1, 2011, and before October 1, 2014, 50 percent of the amount by which the hospital's target amount for the cost reporting period (as defined in subsection (b)(3)(L)) exceeds the amount determined under paragraph (1)(A)(iii). ``(iii) For purposes of this subparagraph, the term `urban Medicare-dependent hospital' means, with respect to any cost reporting period to which clause (i) applies, any hospital-- ``(I) located in an urban area or reclassified to an urban area for wage index purposes; ``(II) that does not receive payment-- ``(aa) under subparagraph (C) as a rural referral center; ``(bb) under subparagraph (D) as a sole community hospital; ``(cc) under subparagraph (B) or under subsection (h); or ``(dd) under subparagraph (F); ``(III) that is not a physician-owned hospital, as defined in section 489.3 of title 42, Code of Federal Regulations (as in effect as of the date of the enactment of this subparagraph); and ``(IV) for which not less than 60 percent of its inpatient days or discharges during the cost reporting period beginning in fiscal year 2006, or two of the three most recently audited cost reporting periods for which the Secretary has a settled cost report, were attributable to inpatients entitled to benefits under part A and not enrolled in a Medicare Advantage plan under part C.''. (b) Target Payment Amount.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (B)(iv), by striking ``and (D)'' and inserting ``, (D), and (M)''; and (2) by adding at the end the following new subparagraph: ``(M) For cost reporting periods occurring on or after October 1, 2011, and before October 1, 2014, in the case of a hospital that is an urban Medicare- dependent hospital (as defined in subsection (d)(5)(M)), the term `target amount' means-- ``(i) with respect to the first 12-month cost reporting period in which this subparagraph is applied to the hospital, the allowable operating costs of inpatient hospital services (as defined in subsection (a)(4)) recognized under this title for the hospital for the 12-month cost reporting period beginning during fiscal year 2002 or 2006 (whichever results in a higher target amount), increased by the applicable percentage increase under subparagraph (B)(iv) for each of fiscal years 2003 through 2011 or 2007 through 2011, respectively; and ``(ii) with respect to discharges occurring after the first 12-month cost reporting period in which this subparagraph is applied to the hospital, the target amount for the preceding year increased by the applicable percentage increase under subparagraph (B)(iv).''.

Urban Medicare-Dependent Hospitals Preservation Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act, with respect to cost reporting periods beginning on or after October 1, 2011, and before October 1, 2014, to revise the criteria and payment formula for "subsection (d) hospitals" which are urban Medicare-dependent hospitals. (Generally a subsection (d) hospital is an acute care hospital particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.)

A bill to amend title XVIII of the Social Security Act to preserve access to urban Medicare-dependent hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Slavery Memorial Council Act''. SEC. 2. ESTABLISHMENT. There is established the North American Slavery Memorial Council (in this Act referred to as the ``Council''). SEC. 3. DUTIES. The duties of the Council shall be to-- (1) establish an architectural design for a national memorial and museum to slavery in North America appropriate to honor the memory of victims of slavery (in this Act referred to as the ``Memorial and Museum''); (2) establish a single site within the District of Columbia suitable for the construction and operation of the Memorial and Museum; (3) construct the Memorial and Museum; and (4) operate the Memorial and Museum. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Council shall be composed of the following members: (1) Voting members.--65 voting members, who shall be appointed-- (A) 15 by the President of the United States; (B) 25 by the Speaker of the House of Representatives, appointed from among members of the House of Representatives; and (C) 25 by the President pro tempore of the Senate, on the recommendation of the majority and minority leaders of the Senate, from among members of the Senate. (2) Nonvoting members.--3 ex officio nonvoting members, who shall be appointed-- (A) 1 by the Secretary of the Interior; (B) 1 by the Secretary of State; and (C) 1 by the Secretary of Education. (b) Continuation of Membership.--If a member was appointed to the Council as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 60-day period beginning on the date that member ceases to be a Member of Congress. (c) Term.--Each member shall be appointed for a term of 5 years, except that the terms of the 5 members of the House of Representatives and the 5 members of the Senate appointed during a Congress shall expire at the end of that Congress. (d) Vacancies.-- (1) A vacancy in the Council shall be filled in the manner in which the original appointment was made. (2) A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (3) A member, except the 5 members of the House of Representatives and the 5 members of the Senate, may serve after the expiration of a term until a successor takes office. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at the daily equivalent of the maximum annual rate of basic pay payable under section 5376 of title 5 for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council. (2) Prohibition of compensation of federal employees.-- Members of the Council who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Council. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.-- One-third of the voting members of the Council shall constitute a quorum but a lesser number may hold hearings. (h) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Council shall be appointed by the President of the United States from among the members of the Council. The term of office of the Chairperson and Vice Chairperson shall be 5 years. A vacancy in the office of the Chairperson or Vice Chairperson shall be filled in the manner in which the original appointment was made. (i) Meetings.--The Council shall meet not less frequently than monthly. SEC. 5. DIRECTOR AND STAFF. (a) Director.--The Council shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate not to exceed the maximum rate of basic pay payable under section 5376 of title 5, United States Code. The Director shall serve at the pleasure of the Council. (b) Staff.--With the approval of the Council, the Director may appoint and fix the pay of additional personnel as the Director considers appropriate. (c) Experts and Consultants.--With the approval of the Council, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (d) Staff of Federal Agencies.--Upon request of the Council, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Council to assist it in carrying out its duties under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.--The Council 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 Council considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Council may, if authorized by the Council, take any action which the Council is authorized to take by this section. (c) Gifts, Bequests, and Devises.--The Council may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Council. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Council. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. (d) Mails.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Council, the Administrator of General Services shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act. SEC. 7. MEMORIAL AND MUSEUM. (a) Architectural Design.--The Council shall determine the architectural design of the Memorial and Museum subject to the approval of the Secretary of the Interior, in consultation with the Commission of Fine Arts and the National Capital Planning Commission. (b) Acquisition of Real Property in District of Columbia.--The Council may, for the purpose of establishing a single site for the Memorial and Museum and with the approval of the Secretary of the Interior in consultation with the Commission of Fine Arts and the National Capital Planning Commission, acquire real property in the District of Columbia by one or more of the following procedures: (1) Notwithstanding any other provision of law (including the Federal Property and Administrative Services Act of 1949 (40 U.S.C. et seq.)), any department, agency, or instrumentality of the United States Government may transfer to the Council any real property in the District of Columbia that is under the administrative jurisdiction of the department, agency, or instrumentality and that the Council considers suitable for the Memorial and Museum. (2) The Council may purchase, with the consent of the owner, any real property within the District of Columbia that the Council considers suitable for the Memorial and Museum. (c) Construction.--The Council shall construct the Memorial and Museum on the site established under subsection (b) in accordance with the architectural design determined under subsection (a). (d) Operation.--In operating the Memorial and Museum, the Council shall-- (1) adopt bylaws; (2) establish annual budgets; (3) subject to the availability of funds and the provisions of annual budgets, purchase, accept, borrow, or otherwise acquire artifacts and other property for addition to the collections of the Memorial and Museum; (4) establish policy with respect to the utilization of the collections of the Memorial and Museum; (5) establish policy with respect to educational programs, exhibitions, and research projects relating to slavery in North America; (6) establish programs in cooperation with institutions including other museums, historical societies, educational institutions, cultural organizations, and other organizations for the education and promotion of understanding regarding slavery in North America; and (7) support the efforts of such institutions to educate and promote the understanding regarding slavery in North America. (e) Insurance.--The Council shall maintain insurance on the Memorial and Museum covering the risks, in the amounts, and containing the terms the Council considers necessary. SEC. 8. AUDITS. When requested by the Congress, the Comptroller General shall audit the financial transactions of the Council, including those involving donated funds, under generally accepted auditing standards. The Council shall make available for an audit under this section all records, items, or property used by the Council that are necessary for the audit. SEC. 9. ANNUAL REPORT. Each year, the Council shall submit to the Congress a report on the activities of the Council, including an accounting of all financial transactions involving donated funds. SEC. 10. APPLICABILITY OF COMMEMORATIVE WORKS ACT. The Memorial and Museum is not a commemorative work within the meaning of the Commemorative Works Act (40 U.S.C. 1001 et seq.). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Use of Amounts for Construction or Operation.--Amounts appropriated to the Council-- (1) may not be used for construction of the Memorial and Museum; and (2) may be used for operation of the Memorial and Museum only if amounts received under section 6(c) that are equal to or greater than such appropriated amounts are also so used. (c) Prior Authority Required.--Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) contained in this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

North American Slavery Memorial Council Act - Establishes the North American Slavery Memorial Council to: (1) establish an architectural design for a national memorial and museum to slavery in North America appropriate to honor the memory of victims of slavery; (2) establish a single site within the District of Columbia suitable for construction and operation of the Memorial and Museum; and (3) construct and operate them.

To establish the North American Slavery Memorial Council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxation Without Representation Act of 2001''. SEC. 2. FINDINGS. Congress finds as follows: (1) The residents of the District of Columbia are the only Americans who pay Federal income taxes but are denied voting representation in the House of Representatives and the Senate. (2) The principle of one person, one vote requires that residents who have met every element of American citizenship should have every benefit of American citizenship, including voting representation in the House and the Senate. (3) The residents of the District of Columbia are twice denied equal representation, because they do not have voting representation as other taxpaying Americans do and are nevertheless required to pay Federal income taxes unlike the Americans who live in the territories. (4) Despite the denial of voting representation, Americans in the Nation's capital are second among the residents of all States in per capita income taxes paid to the Federal Government. (5) Unequal voting representation in our representative democracy is inconsistent with the founding principles of the Nation and the strongly held principles of the American people today. SEC. 3. REPRESENTATION IN CONGRESS FOR DISTRICT OF COLUMBIA. Notwithstanding any other provision of law, the community of American citizens who are residents of the District constituting the seat of government of the United States shall have full voting representation in the Congress. SEC. 4. EXEMPTION FROM TAX FOR INDIVIDUALS WHO ARE RESIDENTS OF THE DISTRICT OF COLUMBIA. (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 138 the following new section: ``SEC. 138A. RESIDENTS OF THE DISTRICT OF COLUMBIA. ``(a) Exemption For Residents During Years Without Full Voting Representation in Congress.--This section shall apply with respect to any taxable year during which residents of the District of Columbia are not represented in the House of Representatives and Senate by individuals who are elected by the voters of the District and who have the same voting rights in the House of Representatives and Senate as Members who represent States. ``(b) Residents For Entire Taxable Year.--An individual who is a bona fide resident of the District of Columbia during the entire taxable year shall be exempt from taxation under this chapter for such taxable year. ``(c) Taxable Year of Change of Residence From District of Columbia.-- ``(1) In general.--In the case of an individual who has been a bona fide resident of the District of Columbia for a period of at least 2 years before the date on which such individual changes his residence from the District of Columbia, income which is attributable to that part of such period of District of Columbia residence before such date shall not be included in gross income and shall be exempt from taxation under this chapter. ``(2) Deductions, etc. allocable to excluded amounts not allowable.--An individual shall not be allowed-- ``(A) as a deduction from gross income any deductions (other than the deduction under section 151, relating to personal exemptions), or ``(B) any credit, properly allocable or chargeable against amounts excluded from gross income under this subsection. ``(d) Determination of Residency.-- ``(1) In general.--For purposes of this section, the determination of whether an individual is a bona fide resident of the District of Columbia shall be made under regulations prescribed by the Secretary. ``(2) Individuals registered to vote in other jurisdictions.--No individual may be treated as a bona fide resident of the District of Columbia for purposes of this section with respect to a taxable year if at any time during the year the individual is registered to vote in any other jurisdiction.''. (b) No Wage Withholding.--Paragraph (8) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: ``(E) for services for an employer performed by an employee if it is reasonable to believe that during the entire calendar year the employee will be a bona fide resident of the District of Columbia unless section 138A is not in effect throughout such calendar year; or''. (c) 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 138 the following new item: ``Sec. 138A. Residents of the District of Columbia.'' (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Withholding.--The amendment made by subsection (b) shall apply to remuneration paid after the date of the enactment of this Act.

No Taxation Without Representation Act of 2001 - States that notwithstanding any other provision of law, the community of American citizens who are residents of the District constituting the seat of government of the United States shall have full voting representation in the Congress.Amends the Internal Revenue Code to provide a tax exemption to District of Columbia residents for years during which such residents do not have full voting representation in the Congress.

A bill to provide for full voting representation in the Congress for the citizens of the District of Columbia to amend the Internal Revenue Code of 1986 to provide that individuals who are residents of the District of Columbia shall be exempt from Federal income taxation until such full voting representation takes effect , and for other purposes.