FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservist Opportunities and Protection of Education Act of 2003''. SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE. (a) Leave of Absence for Military Service.--Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 484B (20 U.S.C. 1094) the following new section: ``SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE. ``(a) Leave of Absence Required.--Whenever a student who is an affected individual is unable to complete a period of instruction or to receive academic credit because he or she was called up for active duty or active service, the institution of higher education in which the student is enrolled shall-- ``(1) grant the student a military leave of absence from the institution while such student is serving on active duty or active service, and for one year after the conclusion of such duty or service, in accordance with subsection (b); and ``(2) provide the student with a refund or credit in accordance with subsection (c). ``(b) Consequences of Military Leave of Absence.--A student who is an affected individual and who is on a military leave of absence from an institution of higher education shall be entitled, upon release from serving on active duty or active service, to be restored to the educational status such student had attained prior to being ordered to such duty without loss of academic credits earned, scholarships or grants awarded by the institution, or, subject to subsection (c), tuition and other fees paid prior to the commencement of the active duty or active service. ``(c) Refunds.--An institution of higher education shall refund tuition or fees paid prior to the commencement of the active duty or active service of an affected individual. If a student taking a military leave of absence for active duty or active service requests a refund during a period of enrollment, the percentage of the tuition and fees that shall be refunded shall be equal 100 percent minus the percentage of the period of enrollment (for which the tuition and fees were paid) that was completed (as determined in accordance with section 484B(d)) as of the day the student withdrew. ``(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding the 180-day limitation in section 484B(a)(2), a student on a military leave of absence under this section shall not be treated as having withdrawn for purposes of section 484B unless the student fails to return at the end of the military leave of absence (as determined under subsection (a) of this section). ``(e) Definitions.--As used in this section: ``(1) Active duty.--The term `active duty' has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. ``(2) Affected individual.--The term `affected individual' means an individual who-- ``(A) is serving on active duty during a war or other military operation or national emergency; or ``(B) is performing qualifying National Guard duty during a war or other military operation or national emergency. ``(3) Military operation.--The term `military operation' means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code. ``(4) National emergency.--The term `national emergency' means a national emergency declared by the President of the United States. ``(5) Serving on active duty.--The term `serving on active duty during a war or other military operation or national emergency' means service by an individual who is-- ``(A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and ``(B) any other member of an Armed Force on active duty in connection with such war, operation, or emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. ``(6) Qualifying national guard duty.--The term `qualifying National Guard duty during a war or other military operation or national emergency' means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds.''. (b) Obligation as Part of Program Participation Requirements.-- Section 487(a)(22) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(22)) is amended by inserting ``and with the policy on leave of absence for military service established pursuant to section 484C'' after ``section 484B''.

Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education that participate in HEA title IV student assistance programs to grant military leaves of absence, and provide refunds of or credits for tuition and fees paid, to individuals who are unable to complete a period of instruction or receive academic credit because they were called to serve on active duty in the Armed Forces, or to perform qualifying National Guard duty, during a war or other military operation or national emergency.Requires the leave of absence to be for the period of active duty or service and for one year after completion of such duty or service. Requires the refund or credit to be prorated to cover the period when the student had to leave. Provides that such leave of absence shall not be treated as a withdrawal for certain student assistance purposes.

To require institutions of higher education to make full refunds of tuitions and fees paid by members of the Armed Forces and National Guard called to active duty or active service during a war or national emergency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission on TV Violence and Children Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States is continuing to experience widespread increases in violence and violent crime which threaten the well-being of our society; (2) graphic and gratuitous violence continue to be a widespread and integral part of television programming; (3) an extensive, 20-year body of research exists indicating a causal relationship between violence on television and violence in society; and (4) there is a need to find solutions that limit the harmful influence of television violence and yet maintain our freedom of expression. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Presidential Commission on TV Violence and Children'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) review and report on findings linking television violence and violence in children and society; (2) solicit opinions from children and their parents on their views concerning television violence and their suggestions for lessening its negative effects; (3) solicit opinions from public health, crime, and education experts; and broadcast, cable, film and advertising industry of television violence and their recommendations for lessening its negative effects; and (4) present a final report and recommendations for comprehensive strategies and solutions to alleviate harmful effects of television violence that continue to preserve our tradition of free expression. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of-- (1) the Surgeon General; (2) the Attorney General; and (3) 26 members appointed by the President as follows: (A) 12 shall be individuals from the following groups: broadcast television networks and their local affiliates; independent television stations; cable industry; film studios; writers and producers of television shows and film; and major advertisers. (B) 8 shall be individuals from the following groups: parents and children; parents organizations; and leaders of community and religious groups. (C) 6 shall be individuals from the following groups: public health experts who study television violence; crime prevention experts who study television violence; and education experts who study television violence. (b) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--Any 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. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Pay Prohibited.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Commission 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 Commission. (d) 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. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson; Vice Chairperson.--The Surgeon General shall serve as chairperson and the Attorney General shall serve as vice chairperson of the Commission. (g) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission. The Director shall be paid at the maximum rate of basic pay payable for GS-13 of the General Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Staff of Federal Agencies.--Upon request of the Chairperson, 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 Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (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 this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 8. REPORTS. The Commission shall transmit a final report to the President and the Congress not later than one year from the date the Commission members are appointed. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, and voluntary actions on the part of appropriate industry as the Commission considers appropriate to alleviate the harmful effects of television violence. SEC. 9. TERMINATION. The Commission shall terminate 6 months after submitting its final report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,000,000 to carry out this Act. SEC. 11. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

Presidential Commission on TV Violence and Children Act - Establishes a Presidential Commission on TV Violence and Children. Directs the Commission to: (1) review and report on findings linking television (TV) violence and violence in children and society; (2) solicit opinions from children and their parents on their views concerning TV violence and their suggestions for lessening its negative effects; (3) solicit opinions from public health, crime, and education experts, and the broadcast, cable, film, and advertising industries of TV violence and their recommendations for lessening its negative effects; and (4) present a final report and recommendations for comprehensive strategies and solutions to alleviate harmful effects of TV violence that continue to preserve our tradition of free expression. Authorizes appropriations.

Presidential Commission on TV Violence and Children Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) Shimon Peres was born in Poland in 1923. (2) The Peres family emigrated to Tel Aviv in 1934, and all of the family members of Shimon Peres who remained in Poland were murdered during the Holocaust. (3) Before Israel gained independence, Shimon Peres earned the respect of senior leaders in the independence movement in Israel, most notably David Ben-Gurion. (4) The founding generation of Israel was central to the development of Israel, and Shimon Peres is the only surviving member of that founding generation. (5) Shimon Peres has served in numerous high-level cabinet positions and ministerial posts in Israel, including head of the Israeli Navy, Minister of Defense, Foreign Minister, Prime Minister, and President, among many others. (6) Shimon Peres has honorably served Israel for over 70 years, during which he has significantly contributed to United States interests and has played a pivotal role in forging the strong and unbreakable bond between the United States and Israel. (7) By presenting the Congressional Gold Medal to Shimon Peres, the first to be awarded to a sitting President of Israel, Congress proclaims its unbreakable bond with Israel and reaffirms its continual support for Israel as we commemorate the 65th anniversary of the independence of Israel and the 90th birthday of Shimon Peres, which are both significant milestones in Israeli history. (8) Maintaining strong bilateral relations between the United States and Israel has been a priority of Shimon Peres since he began working with the United States in the days of John F. Kennedy. The strong bond is exemplified by the following: (A) President Reagan said to Shimon Peres upon his visit to the United States, ``Mr. Prime Minister, I thank you very much for your visit. It's been an occasion to renew a friendship and to review and enhance the strength of our unique bilateral relationship.'' (B) At another point President Reagan said of Shimon Peres, ``His vision, his statesmanship and his tenacity are greatly appreciated here.'' (C) While visiting with Shimon Peres at the Residence of the President in Jerusalem, President Obama described Shimon Peres as ``. . . a son of Israel who's devoted his life to keeping Israel strong and sustaining the bonds between our two nations''. (D) On March 20, 2013, Shimon Peres reaffirmed his belief in the relationship between the United States and Israel, stating, ``America stood by our side from the very beginning. You support us as we rebuild our ancient homeland and as we defend our land. From Holocaust to redemption.'' (E) On March 21, 2013, Shimon Peres stated, ``. . . America is so great and we are so small. But I learned that you don't measure us by size, but by values. When it comes to values, we are you and you are us. . . . As I look back, I feel that the Israel of today has exceeded the vision we had 65 years ago. Reality has surpassed our dreams. The United States of America helped us to make this possible.'' SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to President Shimon Peres. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authorization of Charges.--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 under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Passed the Senate March 13, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 1456 _______________________________________________________________________ AN ACT To award the Congressional Gold Medal to Shimon Peres.

. Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal in honor of President Shimon Peres of Israel.

A bill to award the Congressional Gold Medal to Shimon Peres.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Unemployment Insurance Solvency Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of assistance for States with advances. Sec. 3. Reduction in the rate of employer taxes. Sec. 4. Modifications of employer credit reductions. Sec. 5. Increase in the taxable wage base. Sec. 6. Voluntary State agreements to abate principal on Federal loans. Sec. 7. Rewards and incentives for solvent States and employers in those States. SEC. 2. EXTENSION OF ASSISTANCE FOR STATES WITH ADVANCES. (a) In General.--Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking ``2010'' and inserting ``2012'' in the matter preceding clause (i). (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 2004 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 443). SEC. 3. REDUCTION IN THE RATE OF EMPLOYER TAXES. (a) In General.--Section 3301 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``2010 and the first 6 months of calendar year 2011'' and inserting ``2013''; and (2) in paragraph (2), by striking ``6.0 percent in the case of the remainder of calendar year 2011'' and inserting ``5.78 percent in the case of calendar year 2014''. (b) Effective Date.--The amendments made by this section shall take effect on the earlier of-- (1) the date of the enactment of this Act; or (2) July 1, 2011. SEC. 4. MODIFICATIONS OF EMPLOYER CREDIT REDUCTIONS. (a) Limit on Total Credits.--Section 3302(c) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``90 percent of the tax against which such credits are allowable'' and inserting ``an amount equal to 5.4 percent of the total wages (as defined in section 3306(b)) paid by such taxpayer during the calendar year with respect to employment (as defined in section 3306(c))''; and (2) in paragraph (2)-- (A) by striking subparagraphs (B) and (C) and the flush matter following subparagraph (C); (B) by striking ``(2) If'' and inserting ``(2)(A) If''; (C) by striking ``(A)(i) in'' and inserting ``(i) in''; (D) in clause (i) of subparagraph (A), as redesignated by subparagraph (C), by striking ``5 percent of the tax imposed by section 3301 with respect to the wages paid by such taxpayer during such taxable year which are attributable to such State'' and inserting ``an amount equal to 0.3 percent of the total wages (as defined in section 3306(b)) paid by such taxpayer during the calendar year with respect to employment (as defined in section 3306(c))''; (E) in clause (ii) of subparagraph (A)-- (i) by moving such clause 2 ems to the left; (ii) by striking ``5 percent, for each such succeeding taxable year, of the tax imposed by section 3301 with respect to the wages paid by such taxpayer during such taxable year which are attributable to such State;'' and inserting ``an amount equal to 0.3 percent of the total wages (as defined in section 3306(b)) paid by such taxpayer during the calendar year with respect to employment (as defined in section 3306(c)), for each succeeding taxable year;''; and (iii) by striking the semicolon at the end and inserting a period; and (F) by adding at the end the following new subparagraph: ``(B) The provisions of subparagraph (A) shall be applied with respect to the taxable year beginning January 1, 2011, or any succeeding taxable year by deeming January 1, 2013, to be the first January 1 occurring after January 1, 2010. For purposes of subparagraph (A), consecutive taxable years in the period commencing January 1, 2013, shall be determined as if the taxable year which begins on January 1, 2013, were the taxable year immediately succeeding the taxable year which began on January 1, 2010. No taxpayer shall be subject to credit reductions under this paragraph for taxable years beginning January 1, 2011, and January 1, 2012.''. (b) Definitions and Special Rules.--Section 3302(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraphs (1), (4), (5), (6), and (7); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (c) Effective Date.--The amendments made by this section shall take effect as if enacted on January 1, 2011. SEC. 5. INCREASE IN THE TAXABLE WAGE BASE. (a) In General.--Section 3306 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by striking ``$7,000'' both places it appears and inserting ``the applicable wage base amount (as defined in subsection (v)(1))''; and (2) by adding at the end the following new subsection: ``(v) Applicable Wage Base Amount.-- ``(1) In general.--For purposes of subsection (b)(1), the term `applicable wage base amount' means-- ``(A) for a calendar year before calendar year 2014, $7,000; ``(B) for calendar year 2014, $15,000; and ``(C) for calendar years beginning on or after January 1, 2015, the amount determined under paragraph (2). ``(2) Amount for calendar year 2015 and thereafter.-- ``(A) Amount.-- ``(i) In general.--For purposes of paragraph (1)(C), the amount determined under this paragraph for a calendar year is an amount equal to the product of-- ``(I) the amount of average wage growth for the year (as determined in accordance with subparagraph (B)); and ``(II) the applicable wage base amount for the preceding calendar year. ``(ii) Rounding.--If the amount determined under clause (i) is not a multiple of $100, such amount shall be rounded to the next higher multiple of $100. ``(B) Average wage growth.-- ``(i) In general.--For purposes of subparagraph (A), the amount of annual wage growth for a calendar year shall be determined by dividing the average annual wage in the United States for the 12-month period ending on the June 30 of the preceding calendar year by the average annual wage in the United States for the 12-month period ending on the second prior June 30, and rounding such ratio to the fifth decimal place. ``(ii) Average annual wage.--For purposes of clause (i), using data from the Quarterly Census of Employment and Wages (or a successor program), the average annual wage for a 12- month period shall be determined by dividing the total covered wages subject to contributions under all State unemployment compensation laws for such period by the average covered employment subject to contributions under all State unemployment compensation laws for such period, and rounding the result to the nearest whole dollar.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 6. VOLUNTARY STATE AGREEMENTS TO ABATE PRINCIPAL ON FEDERAL LOANS. (a) In General.--Section 1203 of the Social Security Act (42 U.S.C. 1323) is amended-- (1) by inserting ``(a) Advances.--'' after ``1203''; and (2) by adding at the end the following new subsection: ``(b) Voluntary Abatement Agreements.-- ``(1) In general.--The governor of any State that has outstanding repayable advances from the Federal unemployment account pursuant to subsection (a) may apply to the Secretary of Labor to enter into a voluntary principal abatement agreement. ``(2) Contents of application.--An application described in paragraph (1) shall include a plan that, based upon reasonable economic projections, describes how the State will, within a reasonable period of time-- ``(A) repay the outstanding principal on its remaining advance to the Federal unemployment account, less the amount of the principal abatement pursuant to paragraph (4); and ``(B) restore the solvency of the State's account in the Unemployment Trust Fund to an average high cost multiple of 1.0, as calculated and defined by the United States Department of Labor. ``(3) Requirement for plan.--A plan described in paragraph (2) shall be premised on the existing unemployment compensation law of the State and may take into consideration the enactment of any changes in law scheduled to become effective during the life of the plan. ``(4) Agreement.--Upon review of the application and satisfaction that the State's plan will meet the repayment and solvency goals described in paragraph (2), the Secretary of Labor may enter into a principal abatement agreement with the State. Such an agreement shall be for a period of no more than 7 years. ``(5) Calculation.--Under any voluntary abatement agreement under this subsection, the amount of principal abatement shall be calculated as follows: ``(A) The State's repayable advances as of the date of the enactment of this subsection or December 31, 2011, whichever is earlier, shall be multiplied by a loan forgiveness multiplier. ``(B) The State's loan forgiveness multiplier shall be calculated on the same basis as the temporary increase of Medicaid FMAP under section 5001(c)(2)(A) of division B of the American Recovery and Reinvestment Act of 2009, using the State's additional FMAP tier as of December 31, 2010. In the case of a State that meets the criteria described in-- ``(i) clause (i) of such section 5001(c)(2)(A), the loan multiplier shall be 0.2; ``(ii) clause (ii) of such section 5001(c)(2)(A), the loan multiplier shall be 0.4; and ``(iii) clause (iii) of such section 5001(c)(2)(A), the loan multiplier shall be 0.6. ``(C) The annual amount of principal abatement shall equal one-seventh of the total amount of principal abatement. ``(6) Certification.--Under any voluntary abatement agreement under this subsection, the State shall certify that during the period of the agreement-- ``(A) the method governing the computation of regular unemployment compensation under the State law of the State will not be modified in a manner such that the average weekly benefit amount of regular unemployment compensation which will be payable during the period of the agreement will be less than the average weekly benefit amount of regular unemployment compensation which would have otherwise been payable under the State law as in effect on the date of the enactment of this subsection; ``(B) State law will not be modified in a manner such that any unemployed individual who would be eligible for regular unemployment compensation under the State law in effect on such date of enactment would be ineligible for regular unemployment compensation during the period of the agreement or would be subject to any disqualification during the period of the agreement that the individual would not have been subject to under the State law in effect on such date of enactment; ``(C) State law will not be modified in a manner such that the maximum amount of regular unemployment compensation that any unemployed individual would be eligible to receive in a benefit year during the period of the agreement will be less than the maximum amount of regular unemployment compensation that the individual would have been eligible to receive during a benefit year under the State law in effect on such date of enactment; and ``(D) upon a determination by the Secretary of Labor that the State has modified State law in a manner inconsistent with the certification described in the preceding provisions of this paragraph or has failed to comply with any certifications required by this paragraph, the State shall be liable for any principal previously abated under the agreement. ``(7) Transfer.--Under a voluntary abatement agreement under this subsection, a transfer of the annual amount of the principal abatement shall be made to the State's account in the Unemployment Trust Fund on December 31st of the year in which the agreement is executed so long as the State has complied with the terms of the agreement. For each subsequent year that the Secretary of Labor certifies that the State is in compliance with the terms of the agreement, the annual amount of the State's principal abatement will be credited to its outstanding loan balance. If the loan balance reaches zero while the State still has a remaining principal abatement amount, the remaining amount shall be made as a positive balance transfer to the State's account in the Unemployment Trust Fund. ``(8) Regulations.--The Secretary of Labor shall promulgate such regulations as are necessary to implement this subsection. Such regulations shall include-- ``(A) standards prescribing a reasonable period of time for a State plan to reach a solvency level equal to an average high cost multiple of 1.0, taking into account the economic conditions and level of insolvency of the State; and ``(B) guidelines for insuring progress toward solvency for States with agreements that include plans that require more than 7 years to reach an average high cost multiple of 1.0.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 7. REWARDS AND INCENTIVES FOR SOLVENT STATES AND EMPLOYERS IN THOSE STATES. (a) Increased Interest for Solvent States.-- (1) In general.--Section 904(e) of the Social Security Act (42 U.S.C. 1104(e)) is amended by adding at the end the following new flush sentences: ``The separate book account for each State agency shall be augmented by 0.5 percent over the rate of interest provided in subsection (b) when the State maintains reserves in the account that equal or exceed an average high cost multiple of 1.0 as defined by the Secretary of Labor as of December 31st of the preceding year. The State may apply the additional funds to support State administration pursuant to the requirements in section 903(c).''. (b) Lower Rate of Tax for Solvent States.-- (1) In general.--Section 3301 of the Internal Revenue Code of 1986, as amended by section 3, is amended by adding at the end the following new sentence: ``For the second 6-month period of 2011 or for each calendar year thereafter, in the case of a State that maintains reserves in the State's separate book account that equal or exceed an average high cost multiple of 1.0 as of December 31st of the year preceding the period or year involved, paragraph (1) shall be applied for such period or year in the State by substituting `6.0 percent' for `6.2 percent' or, as the case may be, paragraph (2) shall be applied for such period or year in the State by substituting `5.68 percent' for `5.78 percent'.''. (2) Effective date.--The amendment made by this subsection shall take effect on the earlier of-- (A) the date of the enactment of this Act; or (B) July 1, 2011.

Unemployment Insurance Solvency Act of 2011 - Amends title XII of the Social Security Act (Advances to State Unemployment Funds) to: (1) extend through December 31, 2012, the waiver granted to states for payment of interest on advances made from the federal unemployment account in the Unemployment Trust Fund; and (2) authorize the governor of any state that has outstanding repayable advances from the federal unemployment account to apply to the Secretary of Labor to enter into a voluntary principal abatement agreement. Amends the Internal Revenue Code to: (1) extend the 6.2% employment tax rate for employers through 2013 and impose a reduced 5.78% rate in 2014, (2) modify the rate applicable to the limit on the credit allowed to employers for the federal unemployment tax, and (3) increase the taxable wage base for the federal unemployment tax to $15,000 in 2014. Amends title IX of the Social Security Act (Miscellaneous Provisions Relating to Employment Security) to increase the rate of interest payable on unemployment compensation reserves and lower the rate of the employment tax for employers in states whose unemployment compensation fund remains solvent.

A bill to provide assistance to certain employers and States in 2011 and 2012, to improve the long-term solvency of the Unemployment Compensation program, and for other purposes.

SECTION 1. VEGETATION MANAGEMENT ON FEDERAL LANDS CONTAINING ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES. (a) In General.--Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end the following new section: ``SEC. 512. VEGETATION MANAGEMENT RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS-OF-WAY. ``(a) General Direction.--In order to enhance the reliability of the electricity grid and reduce the threat of wildfires to electric transmission and distribution facilities, the Secretary of the Interior, with respect to public lands and other lands under the jurisdiction of the Secretary, and the Secretary of Agriculture, with respect to National Forest System lands, shall provide direction to ensure that existing and future authorizations of rights-of-way and easements for electrical transmission and distribution facilities on such lands include provisions for utility vegetation management activities that, while consistent with applicable law-- ``(1) are developed in consultation with the holder of the right-of-way or easement; ``(2) enable the owner or operator of a facility to comply with Federal and State electric system reliability and fire safety requirements, including reliability standards established by the North American Electric Reliability Council or the Electric Reliability Organization certified under section 215 of the Federal Power Act; ``(3) minimize the need for case-by-case or annual approvals for-- ``(A) routine vegetation management activities within permitted electrical transmission corridors; and ``(B) utility vegetation management activities that are necessary to control hazard trees within or adjacent to electrical transmission corridors; ``(4) provide for expedited review, whenever review is required, and expedited approval, to the maximum extent practicable, for utility vegetation management activities, especially activities requiring prompt action to avoid an adverse impact on safety or electric reliability. ``(b) Integrated Vegetation Management Plans.-- ``(1) Development and submission.--Consistent with subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall provide owners and operators of electric transmission and distribution facilities located on lands described in such subsection with the option to develop and submit an integrated vegetation management plan for approval to the Secretary with jurisdiction over the lands. An integrated vegetation management plan shall enable the owner or operator of a facility, at a minimum, to comply with applicable Federal and State electric system reliability and fire safety requirements, as provided in subsection (a)(2). The Secretaries shall not have the authority to modify those requirements. ``(2) Review and approval process.-- The Secretary of the Interior and the Secretary of Agriculture shall jointly develop a consolidated and coordinated process for review and approval of-- ``(A) integrated vegetation management plans submitted under paragraph (1) that-- ``(i) assures timely approval; ``(ii) is consistent with applicable law; and ``(iii) to the maximum extent practicable, minimizes the costs of the process to the reviewing agency and the person submitting the plan; and ``(B) amendments to an integrated vegetation management plan in a timely manner in the event that changed conditions warrant a modification to a plan. ``(3) Notification.--The review and approval process under paragraph (2) shall-- ``(A) include notification by the agency of any changed conditions that warrant a modification to an integrated vegetation management plan; ``(B) provide an opportunity for the owner or operator to submit a proposed plan amendment to address directly the changed condition; and ``(C) to the maximum extent practicable, allow the owner or operator to continue to implement those elements of the approved plan that do not directly and adversely affect the condition precipitating the need for modification. ``(4) Implementation.--An approved integrated vegetation management plan shall become part of the authorization governing the covered right-of-way or easement. If an integrated vegetation management plan is proposed for an existing transmission and distribution facility concurrent with the siting of a new transmission or distribution facility, necessary reviews shall be completed as part of the siting process. Once the plan is approved, the owner or operator shall provide the agency with only a notification of activities to be undertaken in the coming year, a description of those activities, and certification that the activities are in accordance with the plan. ``(5) Definition.--In this section, the term `integrated vegetation management plan' means a plan that-- ``(A) is prepared by the owner or operator of an electrical transmission or distribution facility to cover one or more electric transmission and distribution rights-of-way or easements; and ``(B) provides for the long-term, cost-effective, sustainable, ecosystem-based management of vegetation within the permitted width of the covered rights-of-way and easements to enhance electricity reliability, promote public safety, and avoid fire hazards. ``(c) Response to Emergency Conditions.--If vegetation on lands within a right-of-way or easement granted by the Secretary of the Interior or the Secretary of Agriculture does not meet clearance requirements under standards established by the North American Electric Reliability Council or the Electric Reliability Organization and the Secretary having jurisdiction over the lands has acted, or failed to act, to allow a transmission or distribution facility owner or operator to conduct vegetation management activities within three business days after receiving a request to allow such activities, the owner or operator may, after notifying the Secretary, conduct such vegetation management activities to meet clearance requirements under such standards. ``(d) Liability Waiver.-- ``(1) Waiver.--If the Secretary of the Interior or the Secretary of Agriculture fails to authorize a transmission or distribution facility owner or operator to manage vegetation within a right-of-way or easement on lands under the jurisdiction of the Secretary in order to comply with Federal and State electric system reliability and fire safety requirements, including reliability standards established by the North American Electric Reliability Council or the Electric Reliability Organization, and the vegetation causes or contributes to wildfire damage, loss, or injury, the owner or operator of the facility involved shall not be liable to the United States directly, through indemnification, or otherwise for such damage, loss, or injury, including for the cost of fire suppression. ``(2) Exception.--The owner or operator of a transmission or distribution facility in a right-of-way or easement on lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture shall continue to be liable for a portion of the damages caused by a wildfire described in paragraph (1) and the cost of fire suppression if the owner or operator was contributorily negligent and the law of the jurisdiction in which the damages or costs occurred applies the comparative negligence doctrine. ``(e) Training and Guidance.--In consultation with the electric utility industry, the Secretary of the Interior and the Secretary of Agriculture are encouraged to develop a program to train personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions relating to transmission and distribution facilities to ensure that such personnel-- ``(1) understand electric system reliability and fire safety requirements, including reliability standards established by the North American Electric Reliability Council or the Electric Reliability Organization; and ``(2) assist owners and operators of transmission and distribution facilities to comply with applicable electric reliability and fire safety requirements.''. (b) Implementation.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall prescribe regulations, or amend existing regulations, to implement section 512 of the Federal Land Policy and Management Act of 1976, as added by subsection (a).

Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior, with respect to public lands under their respective jurisdictions, to ensure that existing and future authorizations of rights-of-way and easements for electrical transmission and distribution facilities (facilities) on such lands include provisions for utility vegetation management activities that enhance the reliability of the electricity grid and reduce the threat of wildfires to such facilities. Directs such Secretaries to provide owners and operators of such facilities on such lands with the option to develop and submit an integrated vegetation management plan for approval. Outlines a plan review, approval, and implementation process. Allows such owners and operators to conduct vegetation management activities to meet facilities' clearance requirements. Provides a liability waiver when the appropriate Secretary fails to allow such owners and operators to manage vegetation within a right-of-way or easement on such lands, with an exception in the case of contributory negligence. Encourages such Secretaries to develop a program to train appropriate federal personnel involved in vegetation management decisions relating to such facilities.

To amend the Federal Land Policy and Management Act to enhance the reliability of the electricity grid and reduce the threat of wildfires to electric transmission and distribution facilities on Federal lands by authorizing vegetation management on such lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunities for Fairness in Farming Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et seq.). (C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). (F) The Floral Research and Consumer Information Act (7 U.S.C. 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (H) The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.). (I) The Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.). (J) The Watermelon Research and Promotion Act (7 U.S.C. 4901 et seq.). (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.). (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). (M) The Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.). (N) The Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). (Q) The Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401). (S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). (V) The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481 et seq.). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. REQUIREMENTS OF CHECKOFF PROGRAMS. (a) Prohibitions.-- (1) In general.--A Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by comptroller general.-- (A) In general.--Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall-- (i) conduct an audit to assess-- (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for-- (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

Opportunities for Fairness in Farming Act of 2017 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any: act that may involve a conflict of interest; anticompetitive activity; unfair or deceptive act or practice; or act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

Opportunities for Fairness in Farming Act of 2017

SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the reclamation credit.'' (b) Reclamation Credit.--Section 48 of such Code (relating to energy credit) is amended by adding at the end the following new subsection: ``(c) Reclamation Credit.-- ``(1) In general.--For purposes of section 46, the reclamation credit for any taxable year is 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. ``(2) Qualified reclamation property.-- ``(A) In general.--For purposes of this subsection, the term `qualified reclamation property' means property-- ``(i) which is qualified recycling property or qualified remanufacturing property, ``(ii) which is tangible property (not including a building and its structural components), ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(iv) which has a useful life of at least 5 years, and ``(v) which is-- ``(I) acquired by purchase (as defined in section 179(d)(2)) by the taxpayer if the original use of such property commences with the taxpayer, or ``(II) constructed by or for the taxpayer. ``(B) Dollar limitation.-- ``(i) In general.--The basis of qualified reclamation property taken into account under paragraph (1) for any taxable year shall not exceed $10,000,000 for a taxpayer. ``(ii) Treatment of controlled group.--For purposes of clause (i)-- ``(I) all component members of a controlled group shall be treated as one taxpayer, and ``(II) the Secretary shall apportion the dollar limitation in such clause among the component members of such controlled group in such manner as he shall by regulation prescribe. ``(iii) Treatment of partnerships and s corporations.--In the case of a partnership, the dollar limitation in clause (i) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(iv) Controlled group defined.--For purposes of clause (ii), the term `controlled group' has the meaning given such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1). ``(3) Certain progress expenditure rules made applicable.-- Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(4) Definitions.--For purposes of this subsection-- ``(A) Qualified recycling property.--The term `qualified recycling property' means equipment used exclusively to collect, distribute, or sort used ferrous or nonferrous metals. The term does not include equipment used to collect, distribute, or sort precious metals such as gold, silver, or platinum unless such use is coincidental to the collection, distribution, or sorting of other used ferrous or nonferrous metals. ``(B) Qualified remanufacturing property.--The term `qualified remanufacturing property' means equipment used primarily by the taxpayer in the business of rebuilding or remanufacturing a used product or part, but only if-- ``(i) the rebuilt or remanufactured product or part includes 50 percent or less virgin material, and ``(ii) the equipment is not used primarily in a process occurring after the product or part is rebuilt or remanufactured. ``(5) Coordination with rehabilitation and energy credits.--For purposes of this section-- ``(A) the basis of any qualified reclamation property shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and ``(B) expenditures taken into account under either section 47 or 48(a) shall not be taken into account under this section.''. (c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c) of such Code (relating to basis adjustment to investment credit property) is amended by inserting ``or reclamation credit'' after ``energy credit''. (d) Clerical Amendments.-- (1) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. ENERGY CREDIT; RECLAMATION CREDIT.'' (2) The item relating to section 48 in the table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 48. Energy credit; reclamation credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2006. SEC. 2. STUDY ON EFFECTIVENESS OF RECYCLED AUTOMOBILE AIRBAGS. (a) Study.--The Secretary of Transportation, through the appropriate agency, shall conduct a study on the performance and safety of recycled, non-deployed original equipment manufacturer airbags and airbag modules compared to new, original equipment manufacturer airbags and airbag modules used in automobiles. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted pursuant to subsection (a).

Amends the Internal Revenue Code to allow a tax credit for investment in qualified reclamation property. Defines "qualified reclamation property" as tangible depreciable recycling or remanufacturing property with a useful life of at least five years. Limits the amount of such credit to 20 percent of the basis (not exceeding $10 million) of qualified reclamation property placed in service during a taxable year. Directs the Secretary of Transportation to study the performance and safety of recycled, non-deployed airbags used in automobiles.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for recycling or remanufacturing equipment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Accounting Standards Board Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) FASB.--The term ``FASB'' means the Financial Accounting Standards Board. (2) Federal regulatory program.--The term ``Federal regulatory program'' means a program enacted under the authority of the Commerce Clause of the Constitution and providing for the regulation of the interstate or foreign commerce of the United States, or the use of the means or instrumentalities of such commerce. (3) Person.--The term ``person'' includes corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals, but does not include an agency or instrumentality of Federal, State, or local government. SEC. 3. STANDARDS AUTHORITATIVE. The standards of financial accounting and reporting promulgated by the FASB shall be authoritative for the purpose of determining compliance with generally accepted accounting principles by any person under any Federal regulatory program. SEC. 4. DUTY OF FASB. The duty of the FASB shall be to establish and improve, after independent and impartial deliberation, standards of financial accounting and reporting for any person. To accomplish its duty, the FASB shall act to-- (1) improve the usefulness to present and potential investors, creditors, and other users, of financial reporting made by firms in interstate commerce focusing on the primary characteristics of relevance and reliability; (2) keep standards current to reflect changes in methods of doing business and changes in the economic environment; (3) consider promptly any significant areas of deficiency in financial reporting that might be improved through the standard-setting process; (4) promote the international convergence of accounting standards concurrent with improving the quality of financial reporting; and (5) improve the common understanding of the nature and purposes of information contained in financial reports. SEC. 5. REQUIREMENTS FOR ESTABLISHMENT OF ACCOUNTING STANDARDS. (a) General Principles.--In promulgating and revising standards of financial accounting and reporting, the FASB shall follow the following principles: (1) Financial reporting should provide information that is useful to present and potential investors and creditors and other users in making rational investment, credit, and similar decisions. The information should be comprehensible to those who have a reasonable understanding of business and economic activities and are willing to study the information with reasonable diligence. (2) Financial reporting should provide information to help present and potential investors and creditors and other users in assessing the amounts, timing, and uncertainty of prospective cash receipts from dividends or interest and the proceeds from the sale, redemption, or maturity of the securities or loans. (3) Financial reporting should provide information about the economic resources of an enterprise, the claims to those resources (obligations of the enterprise to transfer resources to other entities and owners' equity), and the effects of transactions, events, and circumstances that change resources and claims to those resources. (b) Operating Objectives.--The FASB shall promote the following objectives in the conduct of its activities: (1) To be objective in its decision making and to ensure, insofar as possible, the neutrality of information resulting from its standards. To be neutral, information must report economic activity as faithfully as possible without coloring the image it communicates for the purpose of influencing behavior in any particular direction. (2) To weigh carefully the views of its constituents in developing concepts and standards. However, the ultimate determinant of concepts and standards must be the FASB's judgment, based on research, public input, and careful deliberation about the usefulness of the resulting information. (3) To bring about needed changes in ways that minimize disruption to the continuity of reporting practice, including establishment of reasonable effective dates and transition provisions when new standards are introduced. Change should be evolutionary to the extent that it can be accommodated by the need for relevance, reliability, comparability, and consistency. (4) To review the effects of past decisions and interpret, amend, or replace standards in a timely fashion when such action is indicated. (c) Primary Standard Requiring Adherence to Principles.-- (1) Promulgation required.--The FASB shall promulgate a primary standard requiring the application of the principles articulated in subsection (a) of this section to financial accounting and reporting. Except as provided in paragraph (2), such primary standard shall prohibit the application of any other standard of financial accounting and reporting promulgated by the FASB in a manner, or with a result, that fails to comply with such principles. (2) Deviations explained and justified.--The primary standard promulgated pursuant to this subsection may allow for deviation from the application of such principles only if an explanation and justification for the basis of the deviation is specifically articulated and made public. (d) Establishment of Additional Standards.--The FASB shall develop additional standards of financial accounting and reporting to address issues relating to-- (1) off-balance-sheet accounting practices and standards, and accounting requirements for special-purpose entities, in a manner that is based on principles for determining bona fide economic control; and (2) requirements for marked-to-market accounting, including consideration of the application of fair value to agreements involving commitments on the part of an issuer. (e) Additional Projects.-- (1) Fair value project.--Within one year after the date of enactment of this Act, FASB shall complete work on the project entitled ``Measuring All Financial Assets and Liabilities at Fair Value''. (2) Revenue and liability recognition proposal.--Within 18 months after the date of enactment of this Act, FASB shall complete work on the proposal entitled ``Proposal for new agenda project: Issues relating to the recognition of revenues and liabilities''. SEC. 6. PRESERVATION OF AUTHORITY. Nothing in this Act shall be construed to limit-- (1) the authority of the Securities and Exchange Commission under the securities laws (as such term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)); or (2) the authority of any other Federal agency under the laws applicable to a Federal regulatory program administered by such agency. SEC. 7. REPORTS. (a) FASB Reports.-- (1) Annual reports.--The FASB shall transmit annual reports to the President, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Contents of reports.--Each report transmitted under this subsection shall include the following: (A) Assessment of resources.--An assessment by the FASB of the resources available, and the sufficiency of those resources, to carry out the purposes and requirements of this Act. (B) Evaluation of compliance.--An evaluation by the FASB of the extent of the compliance of financial statements with the standards of financial accounting and reporting promulgated by the FASB and with the requirements, objectives, and principles of sections 4 and 5. (C) Progress on unresolved issues.--A statement by the FASB of the progress made by the FASB in the resolution of unresolved accounting standards issues. (D) Progress on treatment of intangible assets.--A statement of progress made by the FASB in modernizing and improving the accounting treatment for intellectual property and other intangible assets. (3) Report on primary principle resolution.--The first report transmitted under this subsection shall indicate the resolution by the FASB of the issues identified in section 5(c). (b) GAO Reports.-- (1) Annual reports required.--The Comptroller General shall transmit annual reports to the President, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate on the FASB. (2) Contents of reports.--Each report transmitted under this subsection shall include the following: (A) Progress on unresolved issues.--An evaluation of the FASB's progress in resolving unresolved accounting standards issues, including a description of such issues, the plans and timetables concerning, and resources available for, the resolution of such issues, and the reasons for any delays in resolving such issues. (B) Assessment of fasb independence.--An assessment of the extent to which the FASB has maintained its independence and objectivity, including an assessment of any impairment of such independence and objectivity resulting from the methods by which the FASB obtains the resources required for its operations. (C) Evaluation of procedures.--An evaluation of the procedures followed by the FASB in accounting standard setting, including the due process accorded to interested parties, the efficiency of FASB procedures in resolving issues, and the extent of the compliance by the FASB with its own procedural requirements. (c) Unresolved Accounting Standards Issues.--For the purposes of this section, the term ``unresolved accounting standards issue'' means the open agenda items of the FASB and the FASB's Emerging Issues Task Force, and any other issues that this Act has added to that agenda.

Financial Accounting Standards Board Act - States that the duty of the Financial Accounting Standards Board (FASB) is to establish and improve standards of financial accounting and reporting.Cites general principles and operating objectives to be followed when establishing financial accounting and reporting standards.Instructs the FASB to develop additional standards relating to: (1) off-balance-sheet accounting practices and standards, and accounting requirements for special-purpose entities, in a manner that is based on principles for determining bona fide economic control; and (2) marked-to-market accounting, including consideration of fair value to agreements involving commitments on the part of an issuer.Instructs the FASB to complete work on: (1) the project entitled "Measuring All Financial Assets and Liabilities at Fair Value;" and (2) the proposal entitled "Proposal for new agenda project: Issues relating to the recognition of revenues and liabilities."

To preserve the integrity of the establishment of accounting standards by the Financial Accounting Standards Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transforming Undergraduate STEM Education Act''. SEC. 2. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM. Section 17 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-6) is amended to read as follows: ``SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM. ``(a) In General.--The Director shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education to implement or expand research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM. ``(b) Uses of Funds.--Activities supported by grants under this section may include-- ``(1) development, implementation, and assessment of innovative, research-based approaches to transforming the teaching and learning of disciplinary or interdisciplinary STEM at the undergraduate level; ``(2) expansion of successful STEM reform efforts beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution; ``(3) creation of multidisciplinary or interdisciplinary courses or programs that formalize collaborations for the purpose of improved student instruction and research in STEM; ``(4) expansion of undergraduate STEM research opportunities to include interdisciplinary research opportunities and research opportunities in industry, at Federal labs, and at international research institutions or research sites; ``(5) implementation or expansion of bridge, cohort, tutoring, or mentoring programs proven to enhance student recruitment or persistence to degree completion in STEM; ``(6) improvement of undergraduate STEM education for nonmajors, including education majors; ``(7) implementation of technology-driven reform efforts, including the installation of technology to facilitate such reform, that directly impact undergraduate STEM instruction or research experiences; ``(8) development and implementation of faculty development programs focused on improved instruction, mentoring, evaluation, and support of undergraduate STEM students; ``(9) support for graduate students and postdoctoral fellows to participate in instructional or assessment activities at primarily undergraduate institutions; and ``(10) research on teaching and learning of STEM at the undergraduate level related to the proposed reform effort, including assessment and evaluation of the proposed reform activities and research on scalability and sustainability of approaches to reform. ``(c) Selection Process.-- ``(1) Applications.--An institution of higher education seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum-- ``(A) a description of the proposed reform effort; ``(B) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform effort, a description of the previously implemented reform effort, including data on student recruitment, persistence to degree completion, and academic achievement; ``(C) evidence of institutional support for, and commitment to, the proposed reform effort, including long-term commitment to implement successful strategies from the current reform effort beyond the academic unit or units included in the grant proposal; ``(D) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to undergraduate STEM education; and ``(E) a description of the plans for assessment and evaluation of the proposed reform activities, including evidence of participation by individuals with experience in assessment and evaluation of teaching and learning programs. ``(2) Review of applications.--In selecting grant recipients under this section, the Director shall consider at a minimum-- ``(A) the likelihood of success in undertaking the proposed effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; ``(B) the degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater value is placed on faculty engagement in undergraduate education; ``(C) the likelihood that the institution will sustain or expand the reform beyond the period of the grant; and ``(D) the degree to which scholarly assessment and evaluation plans are included in the design of the reform effort. ``(3) Priority.--For proposals that include an expansion of existing reform efforts beyond a single academic unit, the Director shall give priority to proposals for which a senior institutional administrator, including a dean or other administrator of equal or higher rank, serves as the principal investigator. ``(4) Grant distribution.--The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.''.

Transforming Undergraduate STEM Education Act - Amends the National Science Foundation Authorization Act of 2002 to make changes to the program requiring the Director of the National Science Foundation (NSF) to award competitive grants to institutions of higher education (IHEs) to expand previously implemented reforms of undergraduate science, mathematics, engineering, or technology (STEM) education. Expands grant uses to allow their use in: (1) implementing, rather that just expanding, research-based reforms in undergraduate STEM education; (2) creating multidisciplinary or interdisciplinary STEM courses or programs; (3) expanding undergraduate STEM research opportunities to include interdisciplinary research and research in industry, at federal labs, and at international research institutions or research sites; (4) implementing or expanding bridge, cohort, tutoring, or mentoring programs that enhance student recruitment or persistence; (5) implementing STEM faculty development programs; (6) supporting the participation of graduate students and postdoctoral fellows in instructional or assessment activities at primarily undergraduate IHEs; and (7) researching STEM teaching and learning at the undergraduate level related to the proposed reform effort. Gives priority, among proposals that expand existing reform efforts beyond a single academic unit, to proposals for which a senior institutional administrator serves as the principal investigator.

To authorize the National Science Foundation to provide grants for implementing or expanding research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM.

SECTION 1. SHORT TITLE. This title may be cited as the ``Lost Creek Land Exchange Act of 1995''. SEC. 2. LAND EXCHANGE. (a) General.--Notwithstanding any other provision of law, the Secretary of Agriculture (hereinafter referred to in this title as the ``Secretary'') is authorized and directed to acquire by exchange certain lands and interests in lands owned by the Brand S Corporation, its successors and assigns, (hereinafter referred to in this title as the ``Corporation''), located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest. (b) Offer and Acceptance of Land.-- (1) Non-federal land.--If the Corporation offers to convey to the United States fee title that is acceptable to the United States to approximately 18,300 acres of land owned by the Corporation and available for exchange, as depicted on the maps entitled ``Brand S/Forest Service Land Exchange Proposal'', numbered 1 through 3, dated March 1994, and described in the ``Land Exchange Specifications'' document pursuant to paragraph (b)(3), the Secretary shall accept a warranty deed to such lands. (2) Federal land.--Upon acceptance by the Secretary of title to the Corporation's lands pursuant to paragraph (b)(1) and upon the effective date of the document referred to in paragraph (b)(3), and subject to valid existing rights, the Secretary of the Interior shall convey, by patent, the fee title to approximately 10,800 acres on the Deerlodge and Gallatin National Forests, and by timber deed, the right to harvest approximately 3.5 million board feet of timber on certain Deerlodge National Forest lands, as depicted on the maps referenced in paragraph (b)(1) and further defined by the document referenced in paragraph (b)(3): Provided, That, except for the east \1/2\ of sec. 10, T3S, R8E, the Secretary shall not convey to the Corporation the lands on the Gallatin National Forest identified as the ``Wineglass Tract'' on the map entitled ``Wineglass Tract'', dated September 1994, unless the Secretary finds that measures are in place to protect the scenic, wildlife, and open space values of the Wineglass Tract. Such finding shall be contained in the document referenced in paragraph (b)(3). (3) Agreement.--A document entitled ``Brand S/Forest Service Land Exchange Specifications'', shall be jointly developed and agreed to by the Corporation and the Secretary. Such document shall define the non-Federal and Federal lands to be exchanged, and shall include legal descriptions of such lands and interests therein, along with any other agreements. Such document shall be transmitted, upon completion, to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives and shall not take effect until sixty days after transmittal to both Committees. (4) Conflict.--In case of conflict between the maps referenced in paragraph (b)(1) and the document referenced in paragraph (b)(3), the maps shall govern. (c) Title.-- (1) Review of title.--Within sixty days of receipt of title documents from the Corporation, the Secretary shall review the title for the non-Federal lands described in paragraph (b) and determine whether-- (A) applicable title standards for Federal land acquisition have been satisfied or the quality of title is otherwise acceptable to the Secretary; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary; and (D) the Corporation has complied with the conditions imposed by this title. (2) Conveyance of title.--In the event the title does not meet Federal standards or is otherwise unacceptable to the Secretary, the Secretary shall advise the Corporation regarding corrective actions necessary to make an affirmative determination. The Secretary, acting through the Secretary of the Interior, shall effect the conveyance of lands described in paragraph (b)(2) not later than ninety days after the Secretary has made an affirmative determination. (d) Resolution of Public Access.--The Secretary is directed, in accordance with existing law, to improve legal public access to Gallatin National Forest System lands between West Pine Creek and Big Creek. SEC. 3. GENERAL PROVISIONS. (a) Maps and Documents.--The maps referred to in section 202(b)(1) shall be subject to such minor corrections as may be agreed upon by the Secretary and the Corporation. The maps and documents described in section 202(b) (1) and (3) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (b) National Forest System Lands.-- (1) In general.--All lands conveyed to the United States under this title shall be added to and administered as part of the Deerlodge or Gallatin National Forests, as appropriate, and shall be administered by the Secretary in accordance with the laws and regulations pertaining to the National Forest System. (2) Wilderness study area acquisitions.--Until Congress determines otherwise, lands acquired within the Hyalite- Porcupine-Buffalo Horn Wilderness Study Area pursuant to this title shall be managed by the Secretary of Agriculture and the Secretary of the Interior, as appropriate, so as to maintain the presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. (c) Valuation.--The values of the lands and interests in lands to be exchanged under this title and described in section 202(b) are deemed to be of approximately equal value. (d) Liability for Hazardous Substances.-- (1) The Secretary shall not acquire any lands under this title if the Secretary determines that such lands, or any portion thereof, have become contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601)). (2) Notwithstanding any other provision of law, the United States shall have no responsibility or liability with respect to any hazardous wastes or other substances placed on any of the lands covered by this title after their transfer to the ownership of another party, but nothing in this title shall be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition of such lands on the date of their transfer to the ownership of another party. Passed the Senate May 3 (legislative day, May 1), 1995. Attest: SHEILA P. BURKE, Secretary.

Lost Creek Land Exchange Act of 1995 - Directs the Secretary of Agriculture to acquire certain lands owned by the Brand S Corporation and located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest (to be added to and administered as part of such National Forests) in exchange for certain lands within such National Forests and specified timber rights on Deerlodge National Forest lands. Exempts the Wineglass Tract from such exchange unless measures are in place to protect the scenic, wildlife, and open space values of the Tract. Directs the Secretary to improve legal public road access to Gallatin National Forest System lands between West Pine Creek and Big Creek. Prohibits the Secretary from acquiring lands under this Act if it is determined that such lands have become contaminated with hazardous substances. Releases the United States from any responsibility or liability with respect to hazardous wastes or other substances placed on any of the lands covered by this Act after their transfer to the ownership of another party. Provides that nothing in this Act shall be construed as either diminishing or increasing any U.S. responsibility or liability based on the condition of such lands on the date of such transfer.

Lost Creek Land Exchange Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-New Zealand Free Trade Agreement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Economic growth in the United States has been considerably enhanced by bilateral agreements to lower barriers for United States exports. (2) Increased trade and economic growth are not ends in themselves. Trade and economic growth should encourage sustainable development, raise living standards, promote higher labor standards, and enhance the welfare and quality of life of all citizens of the United States and New Zealand. (3) It is inappropriate to encourage trade by relaxing domestic environmental laws or domestic labor laws. (4) Countries that open their domestic markets, remove barriers to foreign direct investment, and promote free enterprise, empower their citizens to alleviate poverty and maintain social and environmental values. (5) New Zealand has participated fully in World Trade Organization programs and policies that promote open trade. (6) At the 1996 World Trade Organization Ministerial in Singapore, New Zealand reaffirmed its commitment to internationally recognized core labor standards. SEC. 3. UNITED STATES POLICY WITH RESPECT TO TRADE. It is the policy of the United States to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally traded goods and service, through bilateral free trade agreements with like-minded countries. Such agreements should address the following: (1) National treatment and market access for agricultural and industrial products. (2) Rules for determining which goods originate in the territory of the United States and New Zealand. (3) Customs procedures that facilitate trade and collection of trade statistics, while ensuring the validity of claims for preferential treatment. (4) Science-based, nondiscriminatory sanitary, phytosanitary, and technical standards, including voluntary standards. (5) Safeguard provisions for industries that have sustained, or are threatened with, serious economic injury from import surges. (6) Government procurement procedures. (7) National treatment and rights of establishment for foreign direct investors. (8) National treatment and market access for traded services, including consumption of services abroad, cross- border provision of services, rights of establishment of commercial presence, and the movement of natural persons. (9) Protection of intellectual property. (10) Transparency of legal and regulatory regimes. (11) Measures to promote electronic commerce. (12) Trade-related environmental measures, and the potential for both favorable and adverse environmental impacts. (13) Adherence to internationally recognized core labor standards. SEC. 4. NEGOTIATION OF A FREE TRADE AGREEMENT WITH NEW ZEALAND. Subject to section 5, the President is authorized to enter into an agreement with New Zealand consistent with the policy described in section 3, and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement. SEC. 5. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING BILL. (a) Introduction in House of Representatives and Senate.--Whenever the President submits to Congress a bill to implement a trade agreement described in section 4, the bill shall be introduced (by request) in the House of Representatives and in the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Permissible Content in Implementing Legislation.--A bill to implement a trade agreement described in section 4 shall contain provisions that are necessary to implement the trade agreement, and shall include trade-related labor and environmental protection standards, but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any antitrust law of the United States. (c) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1), by inserting ``section 5 of the United States-New Zealand Free Trade Agreement Act of 2001,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (2) in subsection (c)(1), by inserting ``or under section 5 of the United States-New Zealand Free Trade Agreement Act of 2001,'' after ``the Uruguay Round Agreements Act,''.

United States-New Zealand Free Trade Agreement Act of 2001 - Declares it to be U.S. policy to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally-traded goods and services, through bilateral free trade agreements with like-minded countries.Authorizes the President to enter into a free trade agreement with New Zealand. Requires the inclusion of trade-related labor and environmental protection standards (but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any U.S. antitrust laws) in any bill submitted to Congress implementing such agreement.Amends the Trade Act of 1974 to apply fast-track procedures or "trade promotion authority" (no amendments) to any implementing bill for an agreement entered under this Act.

A bill to authorize the negotiation of a Free Trade Agreement with New Zealand, and to provide for expedited congressional consideration of such an agreement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Advocacy Improvement Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Excessive regulations continue to burden the Nation's small businesses. (2) Federal agencies continue to propose regulations that impose disproportionate burdens on small businesses. (3) An independent office of small business advocacy will help to ensure that Federal agencies are responsive to small businesses and that those agencies comply with their statutory obligations with respect to small businesses. (4) The independence of an office that acts as an advocate for small businesses is essential to ensure that it can serve as an effective advocate without being restricted by the views or policies of the Small Business Administration or any other Federal executive branch agency. (5) To be effective an office that acts as an advocate for small businesses needs sufficient resources to conduct creditable economic studies and research which are necessary for the maintenance of small business databases and for the accurate assessment of the impact of regulations on small businesses, the role of small business in the Nation's economy, and the barriers to the growth of small businesses. (6) The research, information, and expertise provided by an independent office of small business advocacy will be a valuable source of information and advice for Congress and Federal agencies with which the office will work on behalf of small businesses. (b) Purposes.--The purposes of this Act are-- (1) to ensure that there exists an entity that has the statutory independence and adequate financial resources to effectively advocate for and on behalf of small business; (2) to require that such an entity report to the Chairmen and Ranking Members of the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate, and to the Administrator of the Small Business Administration in order to keep them fully and currently informed about issues and regulations affecting small business concerns and the necessity for corrective action by the regulatory agency or Congress; (3) to provide a separate authorization for appropriations for such an entity; and (4) to strengthen the role of the Small Business and Agriculture Regulatory Enforcement Ombudsman by ensuring greater cooperation between the Ombudsman and the Office of Advocacy of the Small Business Administration. SEC. 3. APPOINTMENT OF CHIEF COUNSEL OF ADVOCACY. (a) In General.--Section 201 of Public Law 94-305 (15 U.S.C. 634a) is amended-- (1) by inserting ``(a)'' before ``There is established''; (2) by striking the second sentence; and (3) by adding at the end the following: ``(b) The management of the Office shall be vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, and who should be appointed without regard to political affiliation and on the basis of fitness to perform the duties of the office. ``(c) No individual may be appointed under subsection (b) if such individual has served as an officer or employee of the Small Business Administration during the 5-year period preceding the date of such individual's appointment. ``(d) Any Chief Counsel appointed after the date of the enactment of this subsection shall be paid at a rate not to exceed the rate of basic pay for level III of the Executive Schedule. ``(e) After the expiration of the term of a President, the Chief Counsel may continue to serve at the pleasure of the President for a period of not to exceed one year until such date as a successor to the Chief Counsel is nominated.''. (b) Incumbent Chief Counsel for Advocacy.--The individual serving as the Chief Counsel for Advocacy of the Small Business Administration on the date of the enactment of this Act shall continue to serve in that position after such date in accordance with section 201 of Public Law 94-305 (15 U.S.C. 634a), as amended by this section. SEC. 4. PRIMARY FUNCTIONS OF OFFICE OF ADVOCACY. Section 202 of Public Law 94-305 (15 U.S.C. 634b) is amended-- (1) in paragraph (6) by striking ``to minority enterprises'' and inserting ``to small business concerns owned and controlled by socially and economically disadvantaged individuals, to small business concerns owned and controlled by women, and to small business concerns owned and controlled by veterans''; (2) in paragraph (7) by striking ``minority enterprises'' and inserting ``small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, and small business concerns owned and controlled by veterans''; (3) in paragraph (8) by striking ``minority and other small business enterprises'' and inserting ``small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, small business concerns owned and controlled by veterans, and other small businesses''; (4) in paragraph (9) by striking ``complete'' and inserting ``compete''; (5) by striking paragraph (11); (6) by redesignating paragraph (12) as paragraph (11); (7) in paragraph (11) (as so redesignated)-- (A) by striking ``serviced-disabled'' and inserting ``service-disabled''; and (B) by striking the period at the end and inserting ``; and''; and (8) by adding at the end the following: ``(12) make such recommendations and submit such reports as the Chief Counsel determines appropriate to the President, to the Chairmen and Ranking Members of the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate, and to the Administrator of the Small Business Administration, with respect to issues and regulations affecting small businesses and the necessity for corrective action by any Federal agency or by Congress.''. SEC. 5. ADDITIONAL FUNCTIONS. (a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended-- (1) by inserting ``(a)'' before ``The Office of Advocacy shall also perform''; and (2) in subsection (a) (as so designated)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(6) maintain economic databases and make the information contained therein available to the Administrator of the Small Business Administration and to Congress; ``(7) carry out the responsibilities of the Chief Counsel under chapter 6 of title 5, United States Code; and ``(8) enter into a memorandum of understanding with the Small Business and Agriculture Regulatory Enforcement Ombudsman regarding methods and procedures for cooperation between the Ombudsman and the Office of Advocacy and transmit a copy of such memorandum to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate.''. (b) Appropriation Request.--Section 203 of Public Law 94-305 (15 U.S.C. 634c) is further amended by adding at the end the following: ``(b)(1) For each fiscal year, the Chief Counsel shall transmit the Office of Advocacy's appropriation estimate and request to the Office of Management and Budget, the Committee on Small Business of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. ``(2) Each budget of the United States Government submitted by the President shall include a separate statement of the amount of appropriations requested for the Office of Advocacy.''. SEC. 6. DEPUTY CHIEF COUNSELS AND REGIONAL ADVOCATES. Section 204 of Public Law 94-305 (15 U.S.C. 634d) is amended-- (1) by inserting ``(a)'' before ``In carrying out''; and (2) by adding at the end the following: ``(b)(1) The Chief Counsel may appoint 2 individuals to serve as Deputy Chief Counsels. ``(2) Notwithstanding any other provision of this section, the pay rate for each Deputy Chief Counsel may not exceed the rate of basic pay for level III of the Senior Executive Service. ``(3) Individuals appointed to positions under this subsection shall not be counted toward the limitation contained in subsection (a)(1) regarding the number of individuals who may be compensated at a rate in excess of the lowest rate for GS-15 of the General Schedule. ``(c) The Chief Counsel may appoint regional advocates within each Standard Federal Region as appropriate. Such regional advocates shall-- ``(1) assist in examining the role of small business in the economy of the United States by identifying academic and other research institutions that focus on small business concerns and linking these research resources to research activities conducted by the Office of Advocacy; ``(2) assist in representing the views and interests of small business concerns before Federal agencies whose policies and activities may affect small business; ``(3) in coordination with the Small Business and Agriculture Regulatory Enforcement Ombudsman, assist the functioning of regional small business fairness boards; ``(4) assist in enlisting the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government that are of benefit to small business concerns and the means by which small business concerns can participate in or make use of such programs and services; and ``(5) carry out such duties pursuant to the mission of the Office of Advocacy as the Chief Counsel may assign.''. SEC. 7. OVERHEAD AND ADMINISTRATIVE SUPPORT. Section 205 of Public Law 94-305 (15 U.S.C. 634e) is amended by inserting before ``Each department'' the following: ``(a) The Administrator of the Small Business Administration shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations of the Administration, together with such equipment, office supplies, communications facilities, and personnel and maintenance services as may be necessary for the operation of such offices. ``(b)''. SEC. 8. REPORTS. Section 206 of Public Law 94-305 (15 U.S.C. 634f) is amended by striking ``The Chief Counsel may'' and all that follows through ``on his activities.'' and inserting the following: ``(a) Not less than annually, the Chief Counsel shall submit to the President, the Committee on Small Business of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Government Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives, and the Administrator of the Small Business Administration a report on agency compliance with chapter 6 of title 5, United States Code. ``(b) In addition to the reports required by this title, the Chief Counsel may prepare and publish such other reports as the Chief Counsel determines appropriate. ``(c)''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 207 of Public Law 94-305 (15 U.S.C. 634g) is amended by striking ``not to exceed $1,000,000'' and inserting ``$10,000,000 for fiscal year 2003, $12,000,000 for fiscal year 2004, and $14,000,000 for fiscal year 2005''. SEC. 10. CONFORMING AMENDMENTS. (a) Executive Pay Schedule.--Title 5, United States Code, is amended-- (1) in section 5314 by adding at the end the following: ``Chief Counsel for Advocacy, Small Business Administration.''; and (2) in section 5315 by striking the following: ``Chief Counsel for Advocacy, Small Business Administration.''. (b) Rural Tourism Training Program.--Section 311 of the Small Business Administration Reauthorization and Amendments Act of 1990 (15 U.S.C. 653 note; 104 Stat. 2832) is amended by striking ``Chief Counsel for Advocacy'' and inserting ``Administrator''. (c) Small Business and Agriculture Regulatory Enforcement Ombudsman.--Section 30(b)(2) of the Small Business Act (15 U.S.C. 657(b)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(F) enter into a memorandum of understanding with the Office of Advocacy regarding methods and procedures for cooperation between the Ombudsman and the Office of Advocacy.''. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.

Small Business Advocacy Improvement Act of 2002 - Requires appointment to the position of Chief Counsel of the Office of Advocacy of the Small Business Administration (SBA) without regard to political affiliation and on the basis of fitness to perform duties. Prohibits appointment of an individual who has served as an SBA officer or employee within the last five years.Requires the Office to: (1) recommend methods for the delivery of financial assistance to small businesses owned and controlled by socially and economically disadvantaged individuals, women, and veterans; (2) make recommendations and submit relevant reports to the President, the chairmen and ranking members of the congressional small business committees, and the SBA Administrator; (3) maintain economic databases and make such information available to the Administrator and Congress; and (4) coordinate functions with the Small Business and Agriculture Regulatory Enforcement Ombudsman.Requires the Chief Counsel to submit annually to the Office of Management and Budget and the congressional small business and appropriations committees the Office's appropriation estimate and request. Requires each budget of the United States submitted by the President to include a separate statement of the amount of appropriations requested for the Office of Advocacy.Authorizes the Chief Counsel to appoint two Deputy Chief Counsels, as well as regional advocates.Requires the Administrator to provide the Office with appropriate office space, equipment, supplies, communications facilities, and personnel and maintenance services.Requires the Chief Counsel to report at least annually to the President, specified congressional committees, and the Administrator on Federal agency regulatory flexibility exercised with respect to small businesses.Increases, and extends through FY 2005, the authorization of appropriations for the Office.Requires the Administrator (currently, the Chief Counsel) to conduct an SBA program for the development of rural small businesses engaged in tourism-related activities.

To improve small business advocacy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2011 Act'' or the ``REBUILD Act''. SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW RESPONSIBILITIES. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(a) Assumption of Responsibility.-- ``(1) In general.--Subject to the other provisions of this section, with the written agreement of the responsible Federal official and a State, which may be in the form of a memorandum of understanding, the responsible Federal official may assign, and the State may assume, the responsibilities of the responsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one or more covered Federal projects of the responsible Federal official within the State. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered project, under applicable law (including regulations) with respect to the project. ``(b) State Participation.-- ``(1) Application.--Not later than 180 days after the date of enactment of this section, each responsible Federal official shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to assume responsibility under this section with respect to covered Federal projects of the responsible Federal official, including, at a minimum-- ``(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under this section; ``(B) verification of the financial resources necessary to carry out the authority that may be assigned under this section; and ``(C) evidence of the notice and solicitation of public comment by the State relating to assumption of responsibility under this section by the State, including copies of comments received from that solicitation. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(3) Selection criteria.--A responsible Federal official may approve the application of a State under this section only if-- ``(A) the regulatory requirements under paragraph (2) have been met; ``(B) the responsible Federal official determines that the State has the capability, including financial and personnel, to assume the responsibility; and ``(C) the head of the State agency having primary jurisdiction over covered projects with respect to which responsibility would be assigned to the State pursuant to the application enters into a written agreement with the responsible Federal official described in subsection (c). ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(c) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); ``(2) be in such form as the responsible Federal official may prescribe; and ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(3) Intervention.--The responsible Federal official shall have the right to intervene in any action described in paragraph (1). ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(i) Termination by Responsible Federal Official.--The responsible Federal official with respect to an agreement with a State under this section may terminate the agreement and any responsibility or authority of the State under this section with respect to such agreement, if-- ``(1) the responsible Federal official determines that the State is not adequately carrying out the responsibilities assumed by the State under this section; ``(2) the responsible Federal official provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the responsible Federal official determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by responsible Federal official. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C). ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2011 Act or the REBUILD Act - Amends the National Environmental Policy Act of 1969 (NEPA) to authorize a responsible federal official to assign, and a state to assume, the responsibilities of such official with respect to covered federal projects within such state under such Act and under other federal environmental laws pertaining to project review or approval. Provides that any responsibility of such official not explicitly assumed by the state by written agreement shall remain the responsibility of the official. Defines "responsible federal official" as: (1) the Secretary of the Interior; (2) the Secretary of Transportation; (3) the Administrator of the Environmental Protection Agency (EPA); (4) the Secretary of the Army; and (5) the head of a federal agency, with respect to the preparation of environmental impact statements for major federal actions. Requires each responsible federal official to promulgate regulations that establish requirements relating to information required to be contained in state applications to assume such responsibilities. Permits such official to approve an application only if: (1) public notice requirements have been met; (2) the state has the capability to assume such responsibilities; and (3) the head of the state agency having primary jurisdiction over covered projects enters into a written agreement with such official to assume such responsibilities and to maintain the financial resources necessary to carry them out. Requires such federal official to audit state compliance with federal laws for which responsibilities are assumed and authorizes such official to terminate such responsibilities, after providing notice and an opportunity to take corrective action, if a state is not adequately carrying them out.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Water Supply Enhancement Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide for the development of economically viable advanced water supply enhancement demonstration projects, including desalination, that would-- (A) substantially improve access to existing water supplies; and (B) provide access to untapped water sources; (2) to facilitate the widespread commercialization of newly developed water supply for use in real-world applications; (3) to provide objective analyses of water supply policies; and (4) to facilitate collaboration among Federal agencies in the development of advanced water supply demonstration projects, including desalination. SEC. 3. DEFINITIONS. In this Act: (1) Advisory panel.--The term ``Advisory Panel'' means the Water Supply Advisory Panel established under section 5(a). (2) Regional center.--The term ``Regional Center'' means the Regional Center referenced in the National Water Supply Technology Program White Paper, with a specific region of the nation and a specific water theme as designated under section 6(b). (3) Institute.--The term ``Institute'' means the Water Supply Policy Institute designated by section 8(a). (4) Program.--The term ``program'' means the water supply program established under section 4(a). (5) Program coordinator.--The term ``Program Coordinator'' means the lead Facility as described in the National Water Supply Technology Program White Paper. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Water resource agencies.--Federal agencies, as identified in the Interagency Consortium, developed by the Bureau of Reclamation, for Desalination and Membrane Separation. (8) Water supply enhancement.-- (A) In general.--The term ``water supply enhancement'' means a demonstration project, including desalination, designed to improve water quality or make more efficient use of existing water sources. (B) Inclusions.--The term ``water supply enhancement'' includes demonstration projects for-- (i) reducing water consumption in the production or generation of energy; (ii) desalination and related concentrate disposal; (iii) water reuse; (iv) contaminant removal; (v) agriculture, industrial, and municipal efficiency; and (vi) water monitoring and systems analysis. SEC. 4. DESALINATION AND WATER SUPPLY ENHANCEMENT DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act. (b) Program Coordinator.-- (1) In general.--The program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator. (2) Duties.--In carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall-- (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to-- (i) identify the best water supply demonstration projects; and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program-- (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through-- (I) project facilities; (II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2); (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management. SEC. 5. WATER SUPPLY ADVISORY PANEL. (a) Establishment.--The Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the ``Water Supply Advisory Panel'', to advise the Program with respect to-- (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy. (b) Membership.--The Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent-- (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers. SEC. 6. REGIONAL CENTERS IN WATER SUPPLY ENHANCEMENT. (a) In General.--A Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects. (b) Initial Regional Centers.--The Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region.--Reducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region.--Produced water purification and use for power production and water reuse for mega-cities. (3) Southeast region.--Shallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development. (4) Midwest region.--Water efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region.--Cogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region.--Conjunctive management of hydropower and water; and watershed management. (7) Southwest region.--Water for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management. (8) Pacific region.--Point of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture. (c) Selection of University Partners.--In consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners. (d) Operational Procedures.--Not later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center. (e) Additional Regional Centers.--Subject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched. (f) Period of Designation.-- (1) In general.--A designation under subsection (b), subsection (c), or subsection (d) shall be for a period of 5 years. (2) Assessment.--A Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal.--After the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K). (4) Probation, termination, or nonrenewal.-- (A) In general.--Based on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination.--In coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center. (g) Executive Director.--A Regional Center shall be administered by an executive director. (h) Publication of Research Results.--A Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals. SEC. 7. PROGRAM FUNDING. (a) Funding to Regional Centers.-- (1) In general.--The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements. (2) Distribution.--Of the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center's operational procedures developed under section 6(d) without cost-share requirements. (b) Open-Call Funding.-- (1) In general.--The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects. (2) Eligible collaborative institutions.--Each of the following are eligible for funding under paragraph (1): (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia. (3) Distribution of funds.--Of the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations.--No less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects. (B) National laboratories.--No less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements. (c) Federal Agencies.--No less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match. (d) Other Entities.--The remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share. (e) Term of Grant.-- (1) In general.--Except as provided in paragraph (2), funds provided under this section shall be for a term of 2 years. (2) Renewal.--The Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate. (f) Reporting.--Organizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act. (g) Treatment of Funds.--Amounts received under funding provided to a non-Federal entity by this program shall be considered to be non- Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program. (h) Criteria.--The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section. (i) Cost-Sharing Requirement.--A National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement. SEC. 8. NATIONAL WATER SUPPLY POLICY INSTITUTE. (a) Designation.--The Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute. (b) Duties.--The Institute shall-- (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute. (c) Partnerships.--The Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b). (d) Executive Director.--The Institute shall be administered by an executive director, subject to approval by the Program Coordinator. SEC. 9. REPORTS. (a) Reports to Program Coordinator.--Any Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year. (b) Report to Congress.--Not later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009-- (1) for the construction of a facility under section 4(b)(2)(A), $20,000,000; (2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A), $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000. (b) Allocation.--Of amounts made available under subsection (a)(3) for a fiscal year-- (1) not more than the lesser of $10,000,000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a); (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a); (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J); and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b).

Quality Water Supply Enhancement Act - Directs the Secretary of the Interior, in coordination with specified Federal agencies (Water Resource Agencies or WRAs) and the lead facility described in the National Water Supply Technology Program White Paper (Program Coordinator), to establish and carry out a desalination and advanced water supply enhancement demonstration program and fund demonstration projects. Directs the Program Coordinator to: (1) construct a facility for administering the program; (2) conduct peer review of proposals and research results; (3) create a roadmap to identify the best projects and make determinations about which would most substantially improve the use of existing supplies; (4) coordinate budgets for projects at, and provide funding to, Regional Centers; (5) establish a transfer program to identify and facilitate full commercialization of promising projects; (6) implement crosscutting research to develop sensor and monitoring systems for water and energy efficiency and management; (7) establish a Water Supply Advisory Panel; and (8) provide competitive funding mechanisms to eligible institutions and individuals for projects. Designates the Utton Center at the University of New Mexico Law School as the National Water Policy Institute.

To establish a water supply enhancement demonstration program, including the demonstration of desalination, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Down the Debt Act of 2013''. SEC. 2. DEBT STABILIZATION PROCESS. (a) In General.--The Congressional Budget Act of 1974 is amended by inserting after title V the following: ``TITLE VI--DEBT STABILIZATION ``SEC. 601. DEBT STABILIZATION PROCESS. ``(a) Budget Targets.--The budget target-- ``(1) for fiscal year 2016 is a ratio of debt held by the public to the estimated gross domestic product (GDP) of the United States that is lower than the ratio in fiscal year 2015; and ``(2) for a fiscal year after fiscal year 2016 is a ratio of debt held by the public to the estimated gross domestic product (GDP) of the United States that does not exceed the ratio in the prior fiscal year. ``(b) Reports.--During January of each calendar year beginning in 2014, the Director of the Office of Management and Budget shall report to the President and the Director of the Congressional Budget Office shall report to Congress whether the projected debt held by the public- to-GDP ratio will exceed the prior fiscal year's ratio in any of the five ensuing fiscal years. ``(c) President's Budget.--If the report of the Director of the Office of Management and Budget indicates that for any of fiscal years 2016 through 2024 the ratios set forth in subsection (a)(1) or (a)(2) will be exceeded, then the budget submission of the President under section 1105(a) of title 31, United States Code, for that fiscal year shall include legislative recommendations that achieve the applicable budget targets set forth in subsection (a). ``(d) Congressional Action.-- ``(1) In general.--If the report of the Director of the Congressional Budget Office under subsection (b) indicates that for any of fiscal years 2016 through 2024, the ratios set forth in subsection (a)(1) or (a)(2) will be exceeded, then the concurrent resolution on the budget for that fiscal year shall include stabilization instructions pursuant to section 310 directing committees of the House of Representatives and the Senate to determine and recommend changes in laws within their jurisdictions that achieve the budget targets set forth in subsection (a). ``(2) Point of order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or amendment thereto or conference report thereon, that fails to include directions to committees sufficient to achieve the budget targets set forth in subsection (a). ``(3) Discretionary spending limits.--Any changes in the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 contained in any stabilization legislation referred to in this subsection shall not be considered to be extraneous matter for purposes of section 313. ``(e) Enforcing Stabilization Requirement.-- ``(1) In general.--If, in any calendar year in which the debt stabilization process has been triggered under subsection (d), Congress has not agreed to stabilization legislation and transmitted such legislation to the President, it shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, providing a net increase in mandatory budget authority or a net decrease in revenues. ``(2) Point of order in house of representatives.-- ``(A) In general.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of paragraph (1). ``(B) Disposition if point of order.--As disposition of points of order under paragraph (1), the Chair shall put the question of consideration with respect to the proposition that is subject to the points of order. ``(C) Debate.--A question of consideration under this paragraph shall be debatable for ten minutes by each Member initiating a point of order and for ten minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(D) Amendments.--The disposition of the question of consideration under this paragraph with respect to a bill or resolution shall be considered also to determine the question of consideration under this paragraph with respect to an amendment made in order as original text. ``(3) Senate.--Paragraph (1) may be waived or suspended in the Senate only by three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). ``(f) Suspension During Low Growth.-- ``(1) In general.--The requirements of this title for any fiscal year shall be suspended-- ``(A) if the Secretary of the Treasury notifies the President and each House of Congress and publishes in the Federal Register that the estimated real gross domestic product of the United States for the calendar year during which such fiscal year begins would exceed the real gross domestic product of the prior calendar year by less than one percent; or ``(B) upon the enactment of a joint resolution stating that the stabilization legislation would cause or exacerbate an economic downturn. ``(2) Exception.--This subsection shall not apply to the reporting requirements set forth in subsection (b). ``(3) End of suspension.--In the event of a suspension of the requirements of this title under paragraph (1) or (2), then, effective with regard to the first fiscal year beginning at least 6 months after the notification by the Secretary of the Treasury or the enactment of the joint resolution, as applicable, such suspension is no longer in effect. ``SEC. 602. CONSIDERATION OF ALTERNATIVE PROPOSALS. ``(a) Introduction of Alternative Proposal.--If, in any calendar year in which the debt stabilization process has been triggered by a report by the Director of the Congressional Budget Office under section 601(b), Congress has not agreed to a congressional resolution on the budget by June 15 that meets the requirements of section 601, then any Member of the House of Representatives or the Senate may introduce a bill to provide for changes in law sufficient to achieve the applicable budget target set forth in section 601(a). Such bill shall have the following long title: `To stabilize the debt pursuant to section 602 of the Congressional Budget Act of 1974.'. ``(b) CBO Estimate.--Upon the introduction of a bill referred to in subsection (a), the Director of the Congressional Budget Office shall prepare and submit to the appropriate committees of the House of Representatives and the Senate, as applicable, a cost estimate of that bill for the time period described in section 601(b). ``(c) Expedited Consideration.-- ``(1) Required cosponsorship.--Any bill introduced pursuant to subsection (a)-- ``(A) in the House of Representatives shall receive expedited consideration pursuant to paragraph (2) if such bill has not less than 50 cosponsors; or ``(B) in the Senate shall receive expedited consideration pursuant to paragraph (2) if such bill has not less than 10 cosponsors. ``(2) Consideration in the house of representatives.-- ``(A) Referral and reporting.--Any committee of the House of Representatives to which a bill produced pursuant to paragraph (1) is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(B) Proceeding to consideration.--Not later than 3 legislative days after the bill referred to in paragraph (1) is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(C) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider the bill referred to in paragraph (1) in the House without intervening motion. Such bill shall be considered as read. All points of order against such bill and against its consideration are waived. The previous question shall be considered as ordered on such bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of such bill shall not be in order. ``(3) Consideration in the senate.-- ``(A) Committee action.--The appropriate committees of the Senate shall report without amendment the bill referred to in paragraph (1) not later than the third session day after introduction. If a committee fails to report such bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of such bill and it shall be placed on the appropriate calendar. ``(B) Motion to proceed.--Not later than 3 session days after the bill referred to in paragraph (1) is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider such bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to such bill. ``(C) Consideration.--If a motion to proceed to the consideration of the bill referred to in paragraph (1) is agreed to, the Senate shall immediately proceed to consideration of such bill without intervening motion, order, or other business, and such bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against such bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with such bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit such bill is not in order. A motion to reconsider the vote by which such bill is agreed to or disagreed to is not in order. ``(4) Amendments prohibited.--No amendment to, or motion to strike a provision from, a bill referred to in paragraph (1) considered under this section shall be in order in either the Senate or the House of Representatives. ``(5) Coordination with action by other house.--If, before passing the bill referred to in paragraph (1), one House receives from the other a bill-- ``(A) the bill of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no such bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant such bill of the receiving House. ``SEC. 603. DEFINITION. ``As used in this title, the term `stabilization legislation' means any legislation designated in the text as stabilization legislation which the chairman of the Committee on the Budget of the House of Representatives or the Senate certifies would reduce the deficit or debt held by the public below the levels required by this title.''. (b) Conforming Amendment.--The table of contents of the Congressional Budget Act of 1974 is amended by inserting after the items relating to title V the following: ``TITLE VI--DEBT STABILIZATION ``Sec. 601. Debt stabilization process. ``Sec. 602. Consideration of alternative proposals. ``Sec. 603. Definition.''.

Pay Down the Debt Act of 2013 - Amends the Congressional Budget Act of 1974 to establish a budget target for: (1) FY2016 that is a ratio of debt held by the public to the estimated gross domestic product (GDP) that is lower than the ratio in FY2015, and (2) a fiscal year after FY2016 that is a ratio of such debt to the GDP that does not exceed the ratio in the prior fiscal year. Requires the Director of the Office of Management and Budget (OMB) to report each year to the President and the Director of the Congressional Budget Office (CBO) to report to Congress whether the projected debt-to-GDP ratio will exceed the prior fiscal year's ratio in any of the five ensuing fiscal years. Requires the President's budget submission to Congress to include recommendations to achieve the budget targets set by this Act if the OMB report indicates that ratios of debt to GDP will be exceeded in any of FY2016-FY2024. Requires a concurrent resolution on the budget, if the CBO report indicates that for any of such fiscal years the ratios will be exceeded, to include stabilization instructions directing congressional committees to determine and recommend changes in laws within their jurisdictions that achieve the budget targets set forth in this Act. Makes it out of order in the House of Representatives or the Senate to: (1) consider any concurrent resolution on the budget that fails to include directions sufficient to achieve budget targets set by this Act, or (2) consider any legislation that provides a net increase in mandatory budget authority or a net decrease in revenues. Suspends the requirements of this Act for any fiscal year: (1) if the Secretary of the Treasury notifies the President and each chamber of Congress and publishes in the Federal Register that the estimated real GDP in a fiscal year would exceed the real GDP of the prior year by less than 1%; or (2) upon enactment of a joint resolution stating that the stabilization legislation would cause or exacerbate an economic downturn. Allows any Member of the House of Representatives or the Senate to introduce a bill to achieve the applicable budget target if Congress has not agreed to a concurrent resolution on the budget by June 15 of a calendar year in which the debt stabilization process has been triggered by a report by the Director of CBO. Requires such Director to prepare and submit to Congress a cost estimate for the bill. Provides for expedited congressional consideration of the bill if it has at least 50 cosponsors in the House of Representatives or 10 in the Senate.

Pay Down the Debt Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Health Workforce Act of 2016''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The environmental health workforce is vital to protecting the health and safety of the public. (2) For years, State and local governmental public health agencies have reported substantial workforce losses and other challenges to the environmental health workforce. (3) According to the Association of State and Territorial Health Officials (ASTHO) and the National Association of County and City Health Officials (NACCHO), more than 50,600 State and local environmental health workforce jobs have been lost since 2008. This represents approximately 22 percent of the total State and local environmental health workforce. (4) In the coming years, the retiring Baby Boomer Generation will lead to a further decrease in the environmental health workforce. (5) Currently, only 28 States require a credential for environmental health workers that is an impartial, third-party endorsement of an individual's professional knowledge and experience. (6) Educating and training existing and new environmental health professionals should be a national public health goal. SEC. 3. MODEL STANDARDS AND GUIDELINES FOR CREDENTIALING ENVIRONMENTAL HEALTH WORKERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with appropriate national professional organizations, Federal, State, local, and tribal governmental agencies, and private- sector and nongovernmental entities, shall develop model standards and guidelines for credentialing environmental health workers. (b) Provision of Standards and Technical Assistance.--The Secretary of Health and Human Services shall provide to State, local, and tribal governments-- (1) the model standards and guidelines developed under subsection (a); and (2) technical assistance in credentialing environmental health workers. SEC. 4. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT PLAN. (a) In General.--To ensure that programs and activities (including education, training, and payment programs) of the Department of Health and Human Services for developing the environmental health workforce meet national needs, the Secretary of Health and Human Services shall develop a comprehensive and coordinated plan for such programs and activities that-- (1) includes performance measures to more clearly determine the extent to which these programs and activities are meeting the Department's strategic goal of strengthening the environmental health workforce; (2) identifies and communicates to stakeholders any gaps between existing programs and activities and future environmental health workforce needs identified in workforce projections of the Health Resources and Services Administration; (3) identifies actions needed to address such identified gaps; and (4) identifies any additional statutory authority that is needed by the Department to implement such identified actions. (b) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and to the Committees on Energy and Commerce and Education and the Workforce of the House of Representatives, the plan developed under subsection (a). SEC. 5. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT REPORT. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine and identify best practices in 6 States (as described in subsection (b)) related to training and credentialing requirements for environmental health workers and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes information concerning-- (1) types of environmental health workers employed at State, local, and city health departments and independent environmental health agencies; (2) educational backgrounds of environmental health workers; (3) whether environmental health workers are credentialed or registered, and what type of credential or registration each worker has received; (4) State requirements for continuing education for environmental health workers; (5) whether State, local, and city health departments and independent environmental health agencies track continuing education units for their environmental health workers; and (6) how frequently any exam required to qualify environmental health workers is updated and reviewed to ensure that the exam is consistent with current law. (b) Selection of States.--The report described in subsection (a) shall be based upon the examination of such best practices with respect to 3 States that have credentialing requirements for environmental health workers (such as Maryland, Ohio, and Washington) and 3 States that do not have such requirements (such as Indiana, Michigan, and Pennsylvania). SEC. 6. PUBLIC SERVICE LOAN FORGIVENESS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended in paragraph (3)(B)-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) a full-time job as an environmental health worker (as defined in section 7 of the Environmental Health Workforce Act of 2016) who is accredited, certified, or licensed in accordance with applicable law.''. SEC. 7. DEFINITION. In this Act, the terms ``environmental health worker'' and ``environmental health workforce'' refer to public health workers who investigate and assess hazardous environmental agents in various environmental settings and develop, promote, and enforce guidelines, policies, and interventions to control such hazards.

Environmental Health Workforce Act of 2016 This bill requires the Department of Health and Human Services (HHS)to develop model standards and guidelines for credentialing environmental health professionals. Additionally, HHS must develop a comprehensive and coordinated plan for the environmental health workforce that: (1)includes performance measures, (2)identifies any gaps between existing programs and future environmental health workforce needs, and (3)identifies actions needed to address any identified gaps. The Government Accountability Office must identify the best practices related to training and credentialing environmental health professionals in six states. The bill also amends the Higher Education Act of 1965 to make environmental health professionals eligible for loan forgiveness programs from the Department of Education.

Environmental Health Workforce Act of 2016

SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS SERVING WITH, EMPLOYED BY, OR ACCOMPANYING THE ARMED FORCES. (a) In General.--Subtitle A of title 10 of the United States Code is amended by inserting after chapter 49 the following new chapter: ``CHAPTER 50--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES ``Sec. ``991. Persons serving with, employed by, or accompanying the armed forces outside United States: trial by United States. ``992. Persons serving with, employed by, or accompanying the armed forces outside the United States: delivery to authorities of foreign country. ``993. Military tribunals: concurrent jurisdiction. ``994. Regulations. ``995. Definitions. ``Sec. 991. Persons serving with, employed by, or accompanying the armed forces outside United States: trial by United States ``(a) Except as otherwise provided in this section, any person who, while serving with, employed by, or accompanying the armed forces outside of the United States, engages in conduct which would constitute a criminal offense if the conduct were engaged in within the special maritime and territorial jurisdiction of the United States shall be guilty of a like offense against the United States and shall be subject to the same punishment as is provided under title 18 for such like offense. ``(b) A person serving with, employed by, or accompanying the armed forces outside the United States is not punishable under subsection (a) for conduct described in that subsection if that person is not a national of the United States and was appointed to that person's position of employment in the country in which the person engaged in that conduct. ``(c)(1) Except in the case of a prosecution approved as provided in paragraph (2) or a prosecution before a court-martial, military commission, provost court, or other military tribunal, prosecution of a person may not be commenced under this section for an offense described in subsection (a) if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted such person for the conduct constituting the offense described in subsection (a). ``(2) The Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Attorney General of the United States, or an Assistant Attorney General of the United States may approve a prosecution which, except for this paragraph, is prohibited under paragraph (1). An approval of prosecution under this paragraph must be in writing. The authority to approve a prosecution under this paragraph may not be delegated below the level of Assistant Attorney General. ``(d)(1) The Secretary of Defense may designate and authorize any person serving in a law enforcement position in a criminal investigative agency of the Department of Defense to apprehend and detain, outside the United States, any person described in subsection (a) who is reasonably believed to have engaged in an offense under that subsection. ``(2) A person apprehended and detained under paragraph (1) shall be released to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation to the conduct referred to in that paragraph unless (A) that person is delivered to authorities of a foreign country under section 992 of this title, or (B) that person is pending court- martial under chapter 47 of this title (the Uniform Code of Military Justice) for charges arising from such conduct. ``Sec. 992. Persons serving with, employed, by or accompanying the armed forces outside the United States: delivery to authorities of foreign country ``(a) A person designated and authorized under section 991(d) of this title may deliver any person to the appropriate authorities of a foreign country in which that person is alleged to have engaged in an offense under section 991(a) of this title if-- ``(1) the appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and ``(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party. ``(b) The Secretary of Defense may confine or otherwise restrain a person whose delivery is requested under subsection (a) until the completion of the trial of that person by the foreign country making the request. ``(c) The Secretary of Defense shall determine what officials of a foreign country constitute appropriate authorities for the purposes of this section. ``Sec. 993. Military tribunals: concurrent jurisdiction ``Nothing contained in this chapter deprives courts-martial, military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by courts-martial, military commissions, provost courts, or other military tribunals. ``Sec. 994. Regulations ``The Secretary of Defense shall prescribe regulations governing apprehension, detention, and removal of persons under this chapter. Such regulations shall apply uniformly throughout the Department of Defense. ``Sec. 995. Definitions ``In this chapter: ``(1) The term `person serving with, employed by, or accompanying the armed forces outside of the United States' includes a person who is-- ``(A) a dependent of a member of the armed forces residing with the member outside the United States; ``(B) a civilian employee of a military department who is not a national of the host nation and is residing outside the United States in connection with that employment or a dependent of such an employee who is residing with that employee outside the United States; and ``(C) an employee of a Department of Defense contractor who is not a national of the host nation and is residing outside the United States in connection with that employment or a dependent of such an employee who is residing with that employee outside the United States. ``(2) The term `criminal offense' means an offense against the United States other than an infraction. ``(3) The term `national of the United States' means-- ``(A) a citizen of the United States; or ``(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. ``(4) The term `United States', when used in a geographical sense, includes the special maritime and territorial jurisdiction of the United States. ``(5) The term `special maritime and territorial jurisdiction of the United States' has the meaning given that term in section 7 of title 18.''. (b) Clerical Amendment.--The tables of chapters at the beginning of such subtitle, and at the beginning of part II of such subtitle, are each amended by inserting after the item relating to chapter 49 the following: ``50. Criminal Offenses Committed Outside the United States. 991''.

Provides that persons serving with, employed by, or accompanying the armed forces outside the United States who engage in conduct which would constitute a criminal offense within the maritime and territorial jurisdiction of the United States shall be guilty of a like offense against the United States and shall be subject to prosecution and punishment under the Federal criminal code. Exempts such persons who are not nationals of the United States and who were appointed to their positions in the country in which the conduct occurred. Prohibits prosecution for such an offense if a foreign government has prosecuted such person for the conduct, except as may be authorized by specified Federal officials in certain instances. Authorizes the Secretary of Defense to designate a person serving in a law enforcement position in a criminal investigative agency of the Department of Defense to apprehend and detain outside the United States any person reasonably believed to have engaged in such an offense. Provides for release of such person to civilian law enforcement authorities of the United States for judicial proceedings. Authorizes such law enforcement designee to deliver to the appropriate authorities of a foreign country an individual alleged to have engaged in such an offense if: (1) the appropriate authorities of such country request such delivery for trial; and (2) such delivery is authorized by a treaty or an agreement to which the United States is a party. Retains any concurrent jurisdiction of military tribunals with respect to offenses of such persons which may be tried by court- martial or otherwise.

To amend title 10, United States Code, to provide for jurisdiction, apprehension, and detention of certain civilians accompanying the Armed Forces outside the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013''. SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING THE WAITING PERIOD FOR THE TERMINALLY ILL. (a) In General.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter following subparagraph (E), by striking ``or (ii)'' and inserting ``(ii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iii)''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) in subparagraph (C), as so redesignated, by striking ``(ii)'' and inserting ``(iii)''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, subject to the phase-in percentage period described in paragraph (3)(A), or''; and (C) by adding at the end the following new paragraph: ``(3)(A) For purposes of paragraph (2)(B), in any case in which clause (ii) of paragraph (1) of this subsection is applicable, an individual's disability insurance benefit for the earliest period of 2 consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined under paragraph (2)(B) (as determined before application of this paragraph) and-- ``(i) for the first calendar month, 50 percent; and ``(ii) for the second calendar month, 75 percent. ``(B) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to-- ``(i) the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraph (A)); minus ``(ii) the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12. ``(C) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraphs (A) and (B)).''; and (2) in subsection (d)(2), by adding at the end the following: ``(D) For purposes of clause (ii) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code) and are not in the same physician group practice.''. (b) Report to Congress.--Not later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of the Social Security Administration, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including-- (1) the total number of individuals who-- (A) filed applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness; (B) receive such benefits; (C) die within 6 months of first receiving such benefits; (D) die within 12 months of first receiving such benefits; (E) receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and (F) receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (2) the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and (3) recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (c) Effective Date.--The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013.

Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prescribe formulae for payment of Social Security Disability Insurance (SSDI) benefits over a period of 24 consecutive calendar months for individuals determined to be under a disability upon submission of a diagnosis of a terminal illness.

Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Freedom Consolidation Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The sustained commitment of the North Atlantic Treaty Organization (NATO) to mutual defense has made possible the democratic transformation of Central and Eastern Europe. Members of the North Atlantic Treaty Organization can and should play a critical role in addressing the security challenges of the post- Cold War era in creating the stable environment needed for those emerging democracies in Europe. (2) Lasting stability and security in Europe requires the military, economic, and political integration of emerging democracies into existing European structures. (3) In an era of threats from terrorism and the proliferation of weapons of mass destruction, the North Atlantic Treaty Organization is increasingly contributing to security in the face of global security challenges for the protection and interests of its member states. (4) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date . . .''. (5) In the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to the North Atlantic Treaty Organization, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine . . . the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (6) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO'' and that ``Romania, Estonia, Latvia, Lithuania, and Bulgaria . . . would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members [and] upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date''. (7) In the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress endorsed ``. . . the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996''. (8) At the Madrid Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were invited to join the Alliance, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating ``[t]he alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership . . . [n]o European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (9) At the Washington Summit of the North Atlantic Treaty Organization in April 1999, the North Atlantic Treaty Organization heads of state and government issued a communique declaring ``[w]e pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area . . . [t]he three new members will not be the last . . . [n]o European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location . . .''. (10) In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Republic of Macedonia (FYROM), Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring that-- (A) their countries will cooperate in jointly seeking membership in the North Atlantic Treaty Organization in the next round of enlargement of the North Atlantic Treaty Organization; (B) the realization of membership in the North Atlantic Treaty Organization by one or more of these countries would be a success for all; and (C) eventual membership in the North Atlantic Treaty Organization for all of these countries would be a success for Europe and for the North Atlantic Treaty Organization. (11) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated ``[a]ll of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom--and the same chance to join the institutions of Europe--as Europe's old democracies have . . . I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings . . . [a]s we plan to enlarge NATO, no nation should be used as a pawn in the agenda of others . . . [w]e will not trade away the fate of free European peoples . . . [n]o more Munichs . . . [n]o more Yaltas . . . [a]s we plan the Prague Summit, we should not calculate how little we can get away with, but how much we can do to advance the cause of freedom''. (12) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated ``NATO's doors will not close behind its first new members . . . NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership . . . [n]o nation will be automatically excluded . . . [n]o country outside NATO will have a veto . . . [a] gray zone of insecurity must not reemerge in Europe''. (13) At the Prague Summit of the North Atlantic Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia were invited to join the Alliance in the second round of enlargement of the North Atlantic Treaty Organization since the end of the Cold War, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating ``NATO's door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty''. (14) On May 8, 2003, the United States Senate unanimously approved the Resolution of Ratification to Accompany Treaty Document No. 108-4, Protocols to the North Atlantic Treaty of 1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to join the North Atlantic Treaty Organization. (15) At the Istanbul Summit of the North Atlantic Treaty Organization in June 2004, the North Atlantic Treaty Organization heads of state and government issued a communique reaffirming that NATO's door remains open to new members, declaring ``[w]e celebrate the success of NATO's Open Door Policy, and reaffirm tody that our seven new members will not be the last. The door to membership remains open. We welcome the progress made by Albania, Croatia, and the former Yugoslav Republic of Macedonia (1) in implementing their Annual National Programmes under the Membership Action Plan, and encourage them to continue pursuing the reforms necessary to progress toward NATO membership. We also commend their contribution to regional stability and cooperation. We want all three countries to succeed and will continue to assist them in their reform efforts. NATO will continue to assess each country's candidacy individually, based on the progress made towards reform goals pursued through the Membership Action Plan, which will remain the vehicle to keep the readiness of each aspirant for membership under review. We direct that NATO Foreign Ministers keep the enlargement process, including the implementation of the Membership Action Plan, under continual review and report to us. We will review at the next Summit progress by aspirants towards membership based on that report''. (16) Georgia and Ukraine have stated their desire to join the Euro-Atlantic community, and in particular, are seeking to join the North Atlantic Treaty Organization. Georgia and Ukraine are working closely with the North Atlantic Treaty Organization and its members to meet criteria for eventual membership in NATO. (17) At a press conference with President Mikhail Saakashvili of Georgia in Washington, D.C. on July 5, 2006, President George W. Bush stated that ``. . . I believe that NATO would benefit with Georgia being a member of NATO, and I think Georgia would benefit. And there's a way forward through the Membership Action Plan . . . And I'm a believer in the expansion of NATO. I think it's in the world's interest that we expand NATO''. (18) Following a meeting of NATO Foreign Ministers in New York on September 21, 2006, NATO Secretary General Jaap de Hoop Scheffer announced the launching of an Intensified Dialogue on membership between the Alliance and Georgia. (19) At the NATO-Ukraine Commission Summit in Brussels in February 2005, President of Ukraine Victor Yushchenko declared membership in NATO as the ultimate goal of Ukraine's cooperation with the Alliance and expressed Ukraine's desire to conclude a Membership Action Plan. (20) At the NATO-Ukraine Commission Foreign Ministerial meeting in Vilnius in April 2005, NATO and Ukraine launched an Intensified Dialogue on the potential membership of Ukraine in NATO. (21) At the Riga Summit of the North Atlantic Treaty Organization in November 2006, the Heads of State and Government of the member countries of NATO issued a declaration reaffirming that NATO's door remains open to new members, declaring that ``all European democratic countries may be considered for MAP (Membership Action Plan) or admission, subject to decision by the NAC (North Atlantic Council) at each stage, based on the performance of these countries towards meeting the objectives of the North Atlantic Treaty. We direct that NATO Foreign Ministers keep that process under continual review and report to us. We welcome the efforts of Albania, Croatia, and the former Yugoslav Republic of Macedonia to prepare themselves for the responsibilities and obligations of membership. We reaffirm that the Alliance will continue with Georgia and Ukraine its Intensified Dialogues which cover the full range of political, military, financial and security issues relating to those countries' aspirations to membership, without prejudice to any eventual Alliance decision. We reaffirm the importance of the NATO-Ukraine Distinctive Partnership, which has its 10th anniversary next year and welcome the progress that has been made in the framework of our Intensified Dialogue. We appreciate Ukraine's substantial contributions to our common security, including through participation in NATO-led operations and efforts to promote regional cooperation. We encourage Ukraine to continue to contribute to regional security. We are determined to continue to assist, through practical cooperation, in the implementation of far-reaching reform efforts, notably in the fields of national security, defence, reform of the defence- industrial sector and fighting corruption. We welcome the commencement of an Intensified Dialogue with Georgia as well as Georgia's contribution to international peacekeeping and security operations. We will continue to engage actively with Georgia in support of its reform process. We encourage Georgia to continue progress on political, economic and military reforms, including strengthening judicial reform, as well as the peaceful resolution of outstanding conflicts on its territory. We reaffirm that it is of great importance that all parties in the region should engage constructively to promote regional peace and stability.''. (22) Contingent upon their continued implementation of democratic, defense, and economic reform, and their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization and a clear expression of national intent to do so, Congress calls for the timely admission of Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine to the North Atlantic Treaty Organization to promote security and stability in Europe. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) reaffirms its previous expressions of support for continued enlargement of the North Atlantic Treaty Organization contained in the NATO Participation Act of 1994, the NATO Enlargement Facilitation Act of 1996, the European Security Act of 1998, and the Gerald B. H. Solomon Freedom Consolidation Act of 2002; (2) supports the commitment to further enlargement of the North Atlantic Treaty Organization to include European democracies that are able and willing to meet the responsibilities of Membership, as expressed by the Alliance in its Madrid Summit Declaration of 1997, its Washington Summit Communique of 1999, its Prague Summit Declaration of 2002, its Istanbul Summit Communique of 2004, and its Riga Summit Declaration of 2006; and (3) endorses the vision of further enlargement of the North Atlantic Treaty Organization articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and urges our allies in the North Atlantic Treaty Organization to work with the United States to realize a role for the North Atlantic Treaty Organization in promoting global security, including continued support for enlargement to include qualified candidate states, specifically by entering into a Membership Action Plan with Georgia and recognizing the progress toward meeting the responsibilities and obligations of NATO membership by Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine. SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA (FYROM), AND UKRAINE AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Designation.-- (1) Albania.--The Republic of Albania is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Croatia.--The Republic of Croatia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (3) Georgia.--Georgia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (4) Macedonia (fyrom).--The Republic of Macedonia (FYROM) is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (5) Ukraine.--Ukraine is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), and the designation of Slovakia pursuant to section 4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. Of the amounts made available for fiscal year 2008 under section 23 of the Arms Export Control Act (22 U.S.C. 2763) such sums as may be necessary are authorized to be appropriated for assistance to the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

NATO Freedom Consolidation Act of 2007 - Designates Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine as eligible to receive assistance under the NATO Participation Act of 1994. States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994. Authorizes FY2008 appropriations for security assistance to: (1) Albania; (2) Croatia; (3) Georgia; (4) Macedonia (FYROM); and (5) Ukraine.

A bill to endorse further enlargement of the North Atlantic Treaty Organization (NATO) and to facilitate the timely admission of new members to NATO, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bed Bug Management, Prevention, and Research Act''. SEC. 2. ESTABLISHMENT OF RESEARCH PROGRAM TO CONTROL AND ERADICATE BED BUGS. (a) Bed Bug Research Program.--Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (h) the following new subsection: ``(j) Bed Bug Control.-- ``(1) Authorization and use of grants.--The Secretary, in consultation with the task force appointed under paragraph (2), shall award grants under this subsection for only for the following purposes: ``(A) Developing more efficacious chemicals and chemical methods of detecting, preventing, and managing bed bugs. ``(B) Identifying or discovering affordable and effective methods of managing bed bugs, including basic and applied biology and demonstration research projects. ``(2) Task force.-- ``(A) Establishment.--Pursuant to subsection (b)(2)(C), the Secretary shall, not later than 90 days after the date of the enactment of the Bed Bug Management, Prevention, and Research Act, appoint a bed bug task force (referred to in this subsection as the `task force') to assist the Secretary in awarding grants under this section. ``(B) Composition.--The task force shall be composed of members or representatives of the following: ``(i) The pest management industry. ``(ii) The hospitality industry (including hotels, motels, and other forms of lodging or accommodation). ``(iii) The multi-family housing management industry. ``(iv) Public health organizations. ``(v) Any other group or industry the Secretary determines is significantly impacted by bed bugs. ``(3) Initial grants.-- ``(A) Requests for proposals.--The Secretary shall, not later than 180 days after the date of the enactment of the Bed Bug Management, Prevention, and Research Act and in consultation with the task force, publish a request for grant proposals for research projects for the purposes described in paragraph (1). ``(B) Award of grants.--Not later than 180 days after the date of such publication, the Secretary shall-- ``(i) evaluate such proposals in consultation with the task force; and ``(ii) award grants to entities that submitted grant proposals for research projects the Secretary determines are meritorious for the purposes described in paragraph (1). ``(C) Notification requirement.--The Secretary shall notify the task force of any award made under subparagraph (B) not later than 30 days after awarding such grant. ``(4) Subsequent grants.-- ``(A) Evaluation of initial grants.--The Secretary shall, in consultation with the task force, evaluate each research project conducted under any grant awarded under paragraph (3)(B). ``(B) Award of grants.--The Secretary shall, in consultation with the task force, award grants to fund additional research projects that the Secretary determines to be promising or necessary based on the evaluation conducted under subparagraph (A). ``(C) Notification requirement.--The Secretary shall notify the task force of any award made under subparagraph (B) not later than 30 days after awarding such grant. ``(5) Consultation and coordination.--To expedite the approval or registration under section 3, section 18, or section 24 of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136a, 136p, and 136v) of the methods identified or discovered through research projects funded under this section, the Secretary shall consult and coordinate with the Administrator of the Environmental Protection Agency regarding-- ``(A) the awarding of grants under this section; and ``(B) the evaluation of the results of such research projects.''. (b) Waiver of Matching Funds Requirement.--Subsection (c)(2) of such section is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) the project involves a pest that has been designated as a pest of public health significance by the Environmental Protection Agency and the Centers for Disease Control and Prevention, as described in section 2(nn) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(nn)).''. (c) Conforming Amendments.--Such section is further amended-- (1) in subsection (a), by striking ``through (i)'' and inserting ``through (j)''; and (2) in subsection (b)(2), by striking ``through (i)'' and inserting ``through (j)''. SEC. 3. AMENDMENTS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT TO IMPROVE EFFORTS TO CONTROL AND ERADICATE BED BUGS. (a) Inclusion of Bed Bugs in Definition of Vector Organisms.-- Section 2(oo) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(oo)) is amended by inserting ``bed bugs,'' after ``cockroaches,''. (b) Definition of Adverse Effects.--Section 2(bb) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(bb)) is amended by adding before the period at the end of the last sentence the following: ``, such as whether there are insufficient efficacious alternative registered pesticides available for the use, whether the lack of sufficient efficacious alternative registered pesticides will reasonably lead to the misuse of other pesticides or other inappropriate pest management strategies that pose risks to the environment or human health, and whether the registration or approval of use of the public health pesticide will play a significant part in managing pest resistance''. (c) Efficacy Data for Exempted Pesticides.--Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b)) is amended by adding at the end the following new sentences: ``Notwithstanding the exemption of a pesticide under this subsection, the Administrator shall require the submission of efficacy data (and evaluate such data) if the pesticide is labeled for or proposed to be labeled for the control of a pest of public health significance. The Administrator shall not permit the sale or distribution of any product that is marketed, distributed, or sold with a claim that such product will control a public health pest if the efficacy data submitted under this subsection does not support such claim.''. (d) Bed Bug Prevention and Mitigation Pilot Program.--The Federal Insecticide, Fungicide, and Rodenticide Act is amended by inserting after section 20 (7 U.S.C. 136r) the following new section: ``SEC. 20A. BED BUG PREVENTION AND MITIGATION PILOT PROGRAM. ``(a) Grant Authority.--Using funds appropriated to carry out this Act, the Administrator shall award grants to three State agencies whose plans have been approved by the Administrator in accordance with the requirements of section 11 for the purposes of conducting a pilot program under which political subdivisions of the State and housing authorities in the State use the grant funds to supplement on-going bed bug prevention and mitigation activities. At least one of the three grants shall be awarded to one such State agency that, before November 1, 2009, submitted a public health exemption request under section 18, which proposed a use of a pesticide to control bed bugs, but which was voluntarily canceled under section 6(f). ``(b) Distribution of Funds.--As a condition on the receipt of the grant under subsection (a), the recipient State agency, working in conjunction with the State department of health, shall agree to distribute the grant funds to political subdivisions and housing authorities-- ``(1) addressing persistent bed bug infestations; and ``(2) whose residents lack the financial resources to adequately mitigate bed bug infestations without assistance. ``(c) Time for Award and Distribution.--The grants under subsection (a) for a fiscal year shall be awarded within 180 days after the appropriation of funds for that fiscal year to carry out this Act. Recipient State agencies shall begin disseminating grants within 120 days receiving the grant funds. ``(d) Use of Funds.--Grant funds may be used-- ``(1) to retain commercial applicators to perform bed bug prevention and mitigation activities that are proven to effectively control bed bugs; ``(2) to purchase and distribute mattress covers; ``(3) to conduct bed bug monitoring activities; and ``(4) to treat used mattresses and furniture using methods proven to control all life stages of bed bugs. ``(e) Data Collection.--After the end of fiscal year 2016, the Administrator shall collect from the recipient State agencies the following data: ``(1) The number of political subdivisions and housing authorities receiving grant funds and total funds awarded to each political subdivision and housing authority. ``(2) The criteria used to award funds to such political subdivisions and housing authorities. ``(3) The success achieved in reducing bed bug infestation and the methods used to manage bed bug infestation. ``(4) Documented results of intervention efforts with some measurement of infestation rates both before and after intervention. ``(f) Report to Congress.--Not later than January 1, 2017, the Administrator shall submit to Congress a report setting forth the data collected under subsection (e). ``(g) Expiration of Grant Authority.--No grants may be made under subsection (a) after September 30, 2017.''.

Bed Bug Management, Prevention, and Research Act - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary of Agriculture (USDA) to: (1) award grants for bed bug management and eradication, (2) appoint a bed bug task force, and (3) award grants for related research projects. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to include bed bugs in the definition of "vector." Requires the submission and evaluation of efficacy data if a pesticide is labeled for or proposed to be labeled for the control of a public health pest. Prohibits the sale or distribution of any product that is marketed, distributed, or sold with a claim that such product will control a public health pest if the submitted data does not support such claim. Directs the Administrator of the Environmental Protection Agency (EPA) to award grants through September 30, 2017, to three state agencies for a pilot program under which state subdivisions and housing authorities use such funds to supplement ongoing bed bug prevention and mitigation activities. (Requires at least one of the three grants to be awarded to a state agency that before November 1, 2009, submitted a public health exemption request which proposed a pesticide use to control bed bugs but which was voluntarily canceled.)

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 and the Federal Insecticide, Fungicide, and Rodenticide Act to support efforts to control and eradicate bed bugs with respect to public health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Information Technology Investment Act''. SEC. 2. GRANTS FOR RURAL INFORMATION TECHNOLOGY CENTERS. Part C of the National Telecommunications and Information Administration Organization Act is amended by inserting after section 158 (47 U.S.C. 942) the following new section: ``SEC. 159. GRANTS FOR RURAL INFORMATION TECHNOLOGY CENTERS. ``(a) Authorization.--The NTIA shall make grants to eligible entities, and determine (subject to subsection (e)) the amount of such grants, for the establishment of information technology centers in rural areas. ``(b) Eligible Entities.--Eligible entities may be-- ``(1) any small business or not-for-profit organization or business operating in a rural area, as determined by the NTIA; and ``(2) any State, local, or tribal government serving such an area. ``(c) Application.-- ``(1) In general.--To receive a grant under this Act, an eligible entity shall submit an application to the NTIA in such time and manner, and having such content, as the NTIA may by rule require. ``(2) Matching required.--An eligible entity shall include in the application an assurance that the entity will provide, from State, local, or tribal government sources, an amount equal to not less than 15 percent of the grant amount in order to carry out the establishment of the information technology center under the grant. ``(d) Priority.--In making grants under this Act, the NTIA shall-- ``(1) give priority to eligible entities that-- ``(A) promote information technology research and development at any institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) serving a rural area; ``(B) are located in a county with an unemployment rate, as determined on the basis the most recent data available from the Bureau of Labor Statistics, of at least 1.1 times the national unemployment rate for the period to which such data relate; ``(C) are certified by the Small Business Administration as qualified HUBZone small businesses; or ``(D) work in conjunction with a local Workforce Investment Board (established pursuant to section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832)); and ``(2) take into consideration-- ``(A) the comprehensive nationwide inventory map of existing broadband service capability and availability in the United States developed and maintained pursuant to section 6001(l) of division B of the American Recovery and Reinvestment Act of 2009 (PL 111-5; 123 Stat. 516) or any other applicable data administered by a State, local, or tribal agency; and ``(B) the availability of service capabilities in the area for which the eligible entity is applying for with reference to such map, and the speed of Internet service, and other relevant factors. ``(e) Determination of Amounts.--In determining the amount of each grant awarded for a fiscal year under this section, the NTIA shall specify a minimum amount and such amount may be renewed for up to one year upon a finding by the NTIA that the grant recipient has satisfied subsection (f). ``(f) Audits.--Each grant recipient under this section shall undergo an audit administered by the NTIA. The NTIA shall report findings of the audits to Congress on an annual basis. ``(g) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2012 to carry out this section. ``(h) Definitions.--As used in this section-- ``(1) the term `information technology' means the use of hardware, software, services, and supporting infrastructure to manage and deliver information using voice, data, and video by means of a computer or data network or networks; ``(2) the term `information technology center' means a for- profit or not-for-profit business venture that offers information technology services including application maintenance and support, application development, help desk services, personal computer maintenance and support, network management, data center management, database management, server management, or web hosting, and is designed to expand high tech job opportunities in rural areas; and ``(3) the term `rural area' means the terms `rural' and `rural area' mean any area other than-- ``(A) a city or town that has a population of greater than 50,000 inhabitants; and ``(B) the urbanized area contiguous and adjacent to such a city or town.''.

Rural Information Technology Investment Act - Amends the National Telecommunications and Information Administration Organization Act to direct the National Telecommunications and Information Administration (NTIA) to provide grants to rural businesses, not-for-profit organizations, or to a state, local, or tribal government serving a rural area to establish information technology centers. Sets forth grant priority provisions.

To authorize the National Telecommunications and Information Administration of the Department of Commerce to make grants for the establishment of information technology centers in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Fair Warning Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) Federal regulations advance many important goals, including protecting the environment and the health and safety of all Americans. (2) For regulations to effectively protect the public and promote the public interest, the fact of their existence and what they mean must be available to the persons and entities willing to investigate what the law and regulations require. (3) Fairness also requires that a person should be able to learn of regulations and of their meanings before they can be sanctioned for violating them. (4) Fairness also should prevent a person from being sanctioned for violating a regulation if an official has misled the person as to what the regulation prohibits or requires and the person has reasonably relied upon such misleading information. (5) The Due Process Clause of the Fifth Amendment gives Americans a right to have access to regulations and the opportunity to learn their meanings before such regulations can be the basis for depriving them of liberty or property. (6) Effective procedures for protecting this right can improve the effectiveness of regulation, foster the sense that regulations are fairly enforced, and ensure that the right to due process actually benefits Americans. (7) Ensuring that agencies give Americans access to regulations, the opportunity to learn their meanings, and access to accurate information about them before any sanction can be imposed will encourage agencies to make regulatory requirements clearly known, will encourage people and entities to learn what regulations require of them, and will foster legality, fairness, and justice in the enforcement of Federal regulations. SEC. 3. BAN ON IMPOSITION OF SANCTIONS BY AGENCIES IN CERTAIN CIRCUMSTANCES. Section 558 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) No sanction shall be imposed on a person by an agency for a violation of a rule if the agency finds any one of the following: ``(A) The rule was not-- ``(i) printed in the Code of Federal Regulations; ``(ii) printed in the Federal Register; ``(iii) known to the person; or ``(iv) knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule. ``(B) The rule failed to give the person fair warning of the conduct that the rule prohibits or requires. ``(C) With respect only to a retrospective sanction, the person acted in reasonable reliance upon written representations about what the rule prohibits or requires which were issued by the agency or an official with actual or apparent authority to interpret, administer, or enforce the rule. ``(2) For purposes of this subsection, an agency shall find that a rule gives fair warning of the conduct that the rule prohibits or requires if a reasonable person, acting in good faith, would be able to identify, with reasonable certainty, the standards with which the rule requires the person's conduct to conform.''. SEC. 4. BAN ON IMPOSITION OF SANCTIONS BY COURTS IN CERTAIN CIRCUMSTANCES. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1660. Ban on sanctions for violations of agency rules in certain circumstances ``(a) No civil or criminal sanction may be imposed by a court for a violation of a rule if the court finds any one of the following: ``(1) The rule was not-- ``(A) printed in the Code of Federal Regulations; ``(B) printed in the Federal Register; ``(C) known to the person; or ``(D) knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule. ``(2) The rule failed to give the person fair warning of the conduct that the rule prohibits or requires. ``(3) With respect only to a retrospective sanction, the person acted in reasonable reliance upon written representations about what the rule prohibits or requires which were issued by the agency or an official with actual or apparent authority to interpret, administer, or enforce the rule. ``(b) For purposes of this section, a court shall find that a rule gives fair warning of the conduct that the rule prohibits or requires if a reasonable person, acting in good faith, would be able to identify, with reasonable certainty, the standards with which the rule requires the person's conduct to conform. ``(c) For purposes of this section, the term `rule' shall have the meaning given that term by section 551 of title 5.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following new item: ``1660. Ban on sanctions for violations of agency rules in certain circumstances.''.

Regulatory Fair Warning Act of 1999 - Prohibits a Federal agency or court from imposing a sanction for a violation of a rule if the agency or court finds any one of the following: (1) the rule was not printed in the Code of Federal Regulations or in the Federal Register, was not known to the person, or was not knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; (2) the rule failed to give the person fair warning of the conduct that it prohibits or requires; or (3) with respect only to a retrospective sanction, the person acted in reasonable reliance upon written representations about what the rule prohibits or requires which were issued by the agency or an official with actual or apparent authority to interpret, administer, or enforce the rule.

Regulatory Fair Warning Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Airport and Airway Extension Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AIRPORT AND AIRWAY PROGRAMS Sec. 101. Extension of airport improvement program. Sec. 102. Extension of expiring authorities. Sec. 103. Federal Aviation Administration operations. Sec. 104. Air navigation facilities and equipment. Sec. 105. Research, engineering, and development. Sec. 106. Funding for aviation programs. Sec. 107. Essential air service. TITLE II--REVENUE PROVISIONS Sec. 201. Expenditure authority from Airport and Airway Trust Fund. Sec. 202. Extension of taxes funding Airport and Airway Trust Fund. TITLE I--AIRPORT AND AIRWAY PROGRAMS SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103(a) of title 49, United States Code, is amended by striking the period at the end and inserting ``and $1,675,000,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.''. (2) Obligation of amounts.--Subject to limitations specified in advance in appropriation Acts, sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2016, and shall remain available until expended. (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2015, and ending on March 31, 2016, the Administrator of the Federal Aviation Administration shall-- (A) first calculate such funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2016 were $3,350,000,000; and (B) then reduce by 50 percent-- (i) all funding apportionments calculated under subparagraph (A); and (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b) Project Grant Authority.--Section 47104(c) of title 49, United States Code, is amended in the matter preceding paragraph (1) by striking ``September 30, 2015,'' and inserting ``March 31, 2016,''. SEC. 102. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 47107(r)(3) of title 49, United States Code, is amended by striking ``October 1, 2015'' and inserting ``April 1, 2016''. (b) Section 47115(j) of title 49, United States Code, is amended by inserting ``and for the period beginning on October 1, 2015, and ending on March 31, 2016'' after ``fiscal years 2012 through 2015''. (c) Section 47124(b)(3)(E) of title 49, United States Code, is amended by inserting ``and not more than $5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,'' after ``fiscal years 2012 through 2015''. (d) Section 47141(f) of title 49, United States Code, is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. (e) Section 50905(c)(3) of title 51, United States Code, is amended by striking ``October 1, 2015,'' and inserting ``April 1, 2016,''. (f) Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by inserting ``and for the period beginning on October 1, 2015, and ending on March 31, 2016,'' after ``fiscal years 2012 through 2015''. (g) Section 409(d) of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. (h) Section 140(c)(1) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 note) is amended by striking ``fiscal years 2013 through 2015,'' and inserting ``fiscal years 2013 through 2016,''. (i) Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. (j) Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (C) by striking ``and'' at the end; (B) in subparagraph (D) by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (D) the following: ``(E) $4,870,350,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.''; and (2) in paragraph (3) by inserting ``and for the period beginning on October 1, 2015, and ending on March 31, 2016'' after ``fiscal years 2012 through 2015''. SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a) of title 49, United States Code, is amended by adding at the end the following: ``(5) $1,300,000,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.''. SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a) of title 49, United States Code, is amended-- (1) in paragraph (7) by striking ``and'' at the end; (2) in paragraph (8) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) $78,375,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.''. SEC. 106. FUNDING FOR AVIATION PROGRAMS. (a) In General.--Section 48114 of title 49, United States Code, is amended-- (1) in subsection (a)(2) by striking ``2015'' and inserting ``2016''; and (2) in subsection (c)(2) by striking ``2015'' and inserting ``2016''. (b) Compliance With Funding Requirements.--The budget authority authorized in this Act, including the amendments made by this Act, shall be deemed to satisfy the requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of title 49, United States Code, for the period beginning on October 1, 2015, and ending on March 31, 2016. SEC. 107. ESSENTIAL AIR SERVICE. Section 41742(a) of title 49, United States Code, is amended by striking ``and $93,000,000 for fiscal year 2015'' and inserting ``$93,000,000 for fiscal year 2015, and $77,500,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,''. TITLE II--REVENUE PROVISIONS SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND. (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``October 1, 2015'' in the matter preceding subparagraph (A) and inserting ``April 1, 2016'', and (2) by striking the semicolon at the end of subparagraph (A) and inserting ``or the Airport and Airway Extension Act of 2015;''. (b) Conforming Amendment.--Section 9502(e)(2) of such Code is amended by striking ``October 1, 2015'' and inserting ``April 1, 2016''. SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. (b) Ticket Taxes.-- (1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. (c) Fractional Ownership Programs.-- (1) Treatment as non-commercial aviation.--Section 4083(b) of such Code is amended by striking ``October 1, 2015'' and inserting ``April 1, 2016''. (2) Exemption from ticket taxes.--Section 4261(j) of such Code is amended by striking ``September 30, 2015'' and inserting ``March 31, 2016''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the House passed version is repeated here.) Airport and Airway Extension Act of 2015 TITLE I--AIRPORT AND AIRWAY PROGRAMS (Sec. 101) This bill reauthorizes for the period October 1, 2015, through March 31, 2016, the airport improvement program. (Sec. 102) The following expiring authorities are extended through the same period, including: the competition disclosure requirement under a development project grant for a large hub airport or a medium hub airport; the eligibility for small airport grants of sponsors of airports in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau; the air traffic control contract program; state and local government compatible land use planning and projects; Department of Transportation authority to appropriate funds to acquire, establish, and improve air navigation facilities; civil aviation research and development; Federal Aviation Administration (FAA) operations; essential air service; and the starting date of authority to propose regulations restricting or prohibiting design features or operating practices for the commercial space flight industry. The Vision 100--Century of Aviation Reauthorization Act is amended to extend through the same period: the authorization for airport development at Midway Island Airport, and the authority of any final order with respect to the eligibility for essential air service compensation. The FAA Modernization and Reform Act of 2012 is amended to extend through: FY2016 the requirement for an Inspector General report on participation in FAA programs by disadvantaged small business concerns, March 31, 2016, the pilot program under which operators of up to four public-use airports may receive grants for activities related to the redevelopment of airport properties, and the same date the advisory committee for aviation consumer protection. TITLE II--REVENUE PROVISIONS (Sec. 201) The Internal Revenue Code is amended to extend through the same period expenditure authority from the Airport and Airway Trust Fund, fuel and ticket taxes, as well as the exemption from ticket taxes for aircraft in fractional ownership aircraft programs.

Airport and Airway Extension Act of 2015

SECTION 1. FINDINGS. Congress finds that-- (1) Ukraine allows its citizens the right and opportunity to emigrate, free of anything more than a nominal tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice; (2) Ukraine has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1997; (3) since reestablishing independence in 1991, Ukraine has taken important steps toward the creation of democratic institutions and a free-market economy and, as a participating state of the Organization for Security and Cooperation in Europe (OSCE), is committed to developing a system of governance in accordance with the principles regarding human rights and humanitarian affairs that are set forth in the Final Act of the Conference on Security and Cooperation in Europe (also known as the ``Helsinki Final Act'') and successive documents; (4) the people of Ukraine deserve praise for demonstrating a deep commitment to democracy and through peaceful civil action demanding a process that achieved a fair election in Ukraine's most recent Presidential runoff; (5) Ukraine has made progress toward meeting international commitments and standards in the most recent Presidential runoff elections, including in the implementation of Ukraine's new elections laws; (6) as a participating state of the Organization for Security and Co-operation in Europe (OSCE), Ukraine is committed to addressing issues relating to its national and religious minorities and to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally; (7) Ukraine has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism, and has committed itself, including through a letter to the President of the United States, to ensuring freedom of religion and combating racial and ethnic intolerance and hatred; (8) Ukraine has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations; (9) Ukraine is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, is facilitating the revival of those minority groups, and remains committed to developing a legislative framework for completing this process, as promised in a letter to the President of the United States; (10) Ukraine has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 23, 1992; (11) Ukraine's accession to the World Trade Organization would be a welcome step, recognizing that many issues remain to be resolved, including commitments relating to access of United States agricultural products, protection of intellectual property rights, tariff and excise tax reductions for goods (including automobiles), trade in services, elimination of export incentives for industrial goods, and reform of customs procedures and other non-tariff barriers; (12) Ukraine has enacted protections reflecting internationally recognized labor rights; (13) as a participating state of the OSCE, Ukraine has committed itself to respecting freedom of the press, and the new administration has affirmed this commitment; (14) Ukraine has stated its desire to pursue a course of Euro-Atlantic integration with a commitment to ensuring democracy and prosperity for its citizens; and (15) Ukraine has participated with the United States in its peacekeeping operations in Europe and has provided important cooperation in the global struggle against international terrorism. SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO UKRAINE. (a) Presidential Determinations and Extension of Unconditional and Permanent Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of that country. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by-- (1) encouraging Ukraine to continue to meet its commitments as a participating member of the OSCE and welcoming further progress on implementing policy-- (A) of providing for the free emigration of its citizens; (B) of safeguarding religious liberty throughout Ukraine; (C) of enforcing existing Ukrainian laws at the national and local levels to combat ethnic, religious, and racial discrimination and violence; (D) of expanding the restitution of religious and communal properties, including establishing a legal framework for the completion of such restitution in the future; (E) of meeting international standards of democracy, including implementation of newly adopted election laws; (F) of creating a more independent legal and judicial system, governed by the rule of law, and free of political interference and corruption; and (G) of respecting media freedoms fully, including by prohibiting physical harm to and intimidation of journalists; (2) supporting Ukraine's efforts to make further market- oriented reforms, to pursue a policy of Euro-Atlantic integration, to join the WTO, and to combat corruption; (3) supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; and (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the intellectual property, poultry, and other agricultural sectors. SEC. 4. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992, BILATERAL TRADE AGREEMENT. (a) Finding.--Congress finds that the trade agreement between the United States and Ukraine that entered into force on June 23, 1992, remains in force between the 2 countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine. (b) Applicability of Safeguard.--Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such section applies to the People's Republic of China, so long as the trade agreement described in subsection (a) remains in force. SEC. 5. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION NEGOTIATIONS. (a) Notice of Agreement on Accession to WTO by Ukraine.--Not later than 5 days after the date on which the United States has entered into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization, the President shall so notify Congress, and the President shall transmit to Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement. (b) Congressional Oversight Resolution.-- (1) Introduction.--If a Congressional Oversight Resolution is introduced in the House of Representatives or the Senate during the 30-day period (not counting any day which is excluded under section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), beginning on the date on which the President first notifies Congress under subsection (a) of the agreement referred to in that subsection, that Congressional Oversight Resolution shall be considered in accordance with this subsection. (2) Congressional oversight resolution.--In this subsection, the term ``Congressional Oversight Resolution'' means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ``That it is the sense of the Congress that the agreement between the United States and Ukraine on the terms of accession by Ukraine to the World Trade Organization, of which Congress was notified on ________, does not adequately advance the interests of the United States.'', with the blank space being filled with the appropriate date. (3) Procedures for considering resolutions.-- (A) Introduction and referral.--A Congressional Oversight Resolution-- (i) in the House of Representatives-- (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate-- (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) Committee discharge and floor consideration.-- The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 (c) through (f)) (relating to committee discharge and floor consideration of certain resolutions in the House and Senate) apply to a Congressional Oversight Resolution to the same extent as such subsections apply to resolutions under such section. (c) Rules of House of Representatives and Senate.--Subsection (b) is enacted by Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the procedures described in such subsection supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine. Expresses the sense of Congress regarding full commitment of the United States to a multifaceted engagement with Ukraine. Applies to Ukraine to the same extent as to the People's Republic of China, so long as the 1992 trade agreement between the United States and Ukraine remains in force, the requirement of the Trade Act of 1974 that the President proclaim increased duties or other import restrictions with respect to any product of Ukraine being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to U.S. producers of a like or directly competitive product. Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization; (2) a congressional oversight resolution regarding such agreement; and (3) procedures for consideration of the resolution.

A bill to authorize the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of Ukraine, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Access to Vision Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) Good vision is essential for proper physical development and educational progress in growing children. (2) Many serious ocular conditions are treatable if identified in the preschool and early school-aged years. (3) Early detection of ocular conditions provides the best opportunity for effective, inexpensive treatment and can have far reaching implications for vision. (4) Widespread use of identification methods, whether vision screening programs, or comprehensive eye exams required by State law, will identify children needing services. A child identified through vision screening should receive a comprehensive eye exam followed by subsequent treatment as needed. A child identified through a comprehensive eye exam should receive subsequent treatment as needed. All children identified as needing services should have access to subsequent treatment as needed. SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established review process for the purpose of-- (1) providing comprehensive eye examinations for children who have been identified by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9; (2) providing for children subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program; and (B) for the collection of data related to vision assessment and the utilization of followup services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children's health insurance program), and with other Federal or State program that provide services to children. (c) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision screening programs; (2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts; (3) a plan to determine if a grant eligible child has received an age appropriate vision screening; and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--A grant may be made under subsection (a) only if the State involved agrees that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Certain Provisions Regarding Expenditure of Grant.-- (1) Uses other than comprehensive eye examinations.--A grant under subsection (a) may be expended for the purposes described in paragraphs (2) and (3) of such subsection without regard to whether under paragraph (1) of such subsection the State involved expends the grant to provide comprehensive eye examinations. The Secretary may not disapprove an application under subsection (c), or reduce the amount of the grant, solely on the basis that the State will not expend the grant to provide such examinations. (2) Limitation on grant expenditures.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the grant to carry out the purpose described in paragraph (3) of such subsection. (f) Definitions.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007 through 2009.

Children's Access to Vision Act of 2005 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states for providing: (1) comprehensive eye examinations for children, with priority given to children under nine years old; (2) subsequent vision treatment or services to correct vision problems; and (3) educational materials to parents, teachers, and health care practitioners on recognizing signs of visual impairment in children. Directs the Secretary to: (1) develop criteria to collect data related to vision assessment and the utilization of follow-up services; and (2) coordinate the grant program with appropriate federal and state child services programs. Requires states to annually submit to the Secretary a program evaluation.

To establish a grant program to provide follow-up treatment for children identified to have a vision disorder.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Weather Services Duties Act of 2005''. SEC. 2. DUTIES AND RESPONSIBILITIES OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND NATIONAL WEATHER SERVICE. (a) National Weather Service.--To protect life and property, the Secretary of Commerce shall, through the National Weather Service, be responsible for the following: (1) The preparation and issuance of severe weather forecasts and warnings designed for the protection of life and property of the general public. (2) The preparation and issuance of hydrometeorological guidance and core forecast information. (3) The collection and exchange of meteorological, hydrological, climatic, and oceanographic data and information. (4) The provision of reports, forecasts, warnings, and other advice to the Secretary of Transportation and other persons pursuant to section 44720 of title 49, United States Code. (5) Such other duties and responsibilities as the Secretary shall specify. (b) Competition With Private Sector.--The Secretary of Commerce shall not provide, or assist other entities in providing, a product or service (other than a product or service described in subsection (a)(1)) that is or could be provided by the private sector unless-- (1) the Secretary determines that the private sector is unwilling or unable to provide such product or service; or (2) the United States Government is obligated to provide such product or service under international aviation agreements to provide meteorological services and exchange meteorological information. (c) Issuance of Data, Forecasts, and Warnings.-- (1) In general.--All data, information, guidance, forecasts, and warnings received, collected, created, or prepared by the National Oceanic and Atmospheric Administration or the National Weather Service shall, to the maximum extent practicable, be issued in real time, and without delay for internal use, in a manner that ensures that all members of the public have the opportunity for simultaneous and equal access to such data, information, guidance, forecasts, and warnings. (2) Mode of issuance.--Data, information, guidance, forecasts, and warnings shall be issued under paragraph (1) through a set of data portals designed for volume access by commercial providers of products or services and by such other mechanisms as the Secretary of Commerce considers appropriate for purposes of that paragraph. (d) Prohibition on Certain Disclosures.--An officer, employee, or agent of the National Oceanic and Atmospheric Administration, the National Weather Service, or any other department or agency of the United States who by reason of that status comes into possession of any weather data, information, guidance, forecast, or warning that might influence or affect the market value of any product, service, commodity, tradable, or business may not-- (1) willfully impart, whether directly or indirectly, such weather data, information, guidance, forecast, or warning, or any part thereof, before the issuance of such weather data, information, guidance, forecast, or warning to the public under subsection (c); or (2) after the issuance of such weather data, information, guidance, forecast, or warning to the public under subsection (c), willfully impart comments or qualifications on such weather data, information, guidance, forecast, or warning, or any part thereof, to the public, except pursuant to an issuance that complies with that subsection. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall prescribe regulations to implement the provisions of this section. (f) Product or Service Defined.--In this section, the term ``product or service'' means a product, service, device, or system that provides, senses, or communicates meteorological, hydrological, climatic, solar, or oceanographic data, forecasts, or other similar information. (g) Effective Date.--The provisions of this section (other than subsection (e)) shall take effect 90 days after the date of the enactment of this Act. (h) Conforming Amendments.--The Act of October 1, 1890 (26 Stat. 653) is amended as follows: (1) Section 3 (15 U.S.C. 313) is repealed. (2) Section 9 (15 U.S.C. 317) is amended by striking ``, and it shall be'' and all that follows and inserting a period. SEC. 3. REPORT ON MODIFICATION OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND NATIONAL WEATHER SERVICE ACTIVITIES. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the appropriate committees of Congress a report that sets forth-- (1) a detailed statement of the activities, if any, of the National Oceanic and Atmospheric Administration and the National Weather Service that are inconsistent with the provisions of section 2; (2) a schedule for the modification of the activities referred to in paragraph (1) in order to conform such activities to the provisions of section 2; and (3) the regulations prescribed under section 2(e). (b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Science of the House of Representatives.

National Weather Services Duties Act of 2005 - Requires the Secretary of Commerce, acting through the National Weather Service (NWS), in order to protect life and property, to be responsible for: (1) the preparation and issuance of severe weather forecasts and warnings; (2) the preparation and issuance of hydrometeorological guidance and core forecast information; (3) the collection and exchange of meteorological, hydrological, climatic, and oceanographic data information; and (4) reports, forecasts, warnings, and other advice necessary for aircraft safety and efficiency. Prohibits the Secretary from providing or assisting other entities in providing a product or service (other than a product or service for the preparation and issuance of severe weather forecasts and warnings as described above) that is or could be provided by the private sector unless: (1) the private sector is unwilling or unable to provide such product or service; or (2) the U.S. Government is obligated to provide such product or service under international aviation agreements. Sets forth requirements for the issuance of all data, information, guidance, forecasts, and warnings from the National Oceanic and Atmospheric Administration (NOAA) or the NWS. Prohibits, as specified, disclosures by Federal employees of any weather data, information, guidance, forecast, or warning that might influence or affect the market value of a product, service, commodity, tradable, or business.

A bill to clarify the duties and responsibilities of the National Oceanic and Atmospheric Administration and the National Weather Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108- 333; 22 U.S.C. 7801 et seq.) and the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346) were the product of broad, bipartisan consensus regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and the importance of refugee protection. (2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea. (3) Although the transition to the leadership of Kim Jong-Un after the death of Kim Jong-Il has introduced new uncertainties and possibilities, the fundamental human rights and humanitarian conditions inside North Korea remain deplorable, North Korean refugees remain acutely vulnerable, and the findings in the 2004 Act and 2008 Reauthorization remain substantially accurate today. (4) Media and nongovernmental organizations have reported a crackdown on unauthorized border crossing during the North Korean leadership transition, including authorization for on-the-spot execution of attempted defectors, as well as an increase in punishments during the 100-day official mourning period after the death of Kim Jong-Il. (5) Notwithstanding high-level advocacy by the United States, the Republic of Korea, and the United Nations High Commissioner for Refugees, China has continued to forcibly repatriate North Koreans, including dozens of presumed refugees who were the subject of international humanitarian appeals during February and March of 2012. (6) The United States, which has the largest international refugee resettlement program in the world, has resettled 128 North Koreans since passage of the 2004 Act, including 23 North Koreans in fiscal year 2011. (7) In a career of Asia-focused public service that spanned more than half a century, including service as a senior United States diplomat in times and places where there were significant challenges to human rights, Ambassador James R. Lilley also served as a director of the Committee for Human Rights in North Korea until his death in 2009. (8) Following his 18 years of service in the House of Representatives, including as Chairman of the Foreign Affairs Subcommittee on East Asian and Pacific Affairs, Stephen J. Solarz committed himself to, in his words, highlighting ``the plight of ordinary North Koreans who are denied even the most basic human rights, and the dramatic and heart-rending stories of those who risk their lives in the struggle to escape what is certainly the world's worst nightmare'', and served as co-chairman of the Committee for Human Rights in North Korea until his death in 2010. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to seek cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific countries, and close cooperation with its ally, the Republic of Korea; and (2) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the People's Republic of China to-- (A) immediately halt its forcible repatriation of North Koreans; (B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and (C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether such North Koreans are refugees requiring protection. SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by striking ``2012'' and inserting ``2017''. SEC. 5. RADIO BROADCASTING TO NORTH KOREA. Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors (BBG) shall submit to the appropriate congressional committees, as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that describes the status and content of current United States broadcasting to North Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813). SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Subsections (b)(1) and (c) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended by striking ``2012'' and inserting ``2017'' each place it appears. SEC. 7. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2012'' and inserting ``2017''. SEC. 8. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by striking ``2012'' and inserting ``2017''. SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended-- (1) by striking ``$20,000,000'' and inserting ``$5,000,000''; and (2) by striking ``2005 through 2012'' and inserting ``2013 through 2017''. SEC. 10. ANNUAL REPORTS. Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in the matter preceding paragraph (1) by striking ``2012'' and inserting ``2017''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012 - Expresses the sense of Congress that the United States should: (1) continue to seek cooperation from foreign governments to allow the United States to process North Korean refugees overseas for U.S. resettlement, (2) urge China to halt its forcible repatriation of North Koreans, and (3) allow the United Nations High Commissioner for Refugees (UNHCR) access to North Koreans inside China to determine whether such North Koreans are refugees requiring protection. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2017: (1) for grants that promote democracy, human rights, and a market economy in North Korea, (2) to increase the availability of non-government controlled information inside North Korea, and (3) for organizations or persons that provide humanitarian assistance to North Koreans who are outside of North Korea. Extends through 2017 the annual congressional reporting requirement for: (1) the Secretary of State to report on activities to increase the availability of non-government controlled information inside North Korea, (2) the Special Envoy for North Korean human rights issues to report on human rights related activities, (3) the Secretary and Administrator of the U.S. Agency for International Development (USAID) to report on U.S. humanitarian assistance inside North Korea and to North Koreans outside of North Korea, and (4) the Secretary and the Secretary of Homeland Security (DHS) to report on the number of North Koreans seeking refugee status or political asylum in the United States. Directs the Broadcasting Board of Governors to report to Congress regarding U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea.

To reauthorize the North Korean Human Rights Act of 2004, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contraception and Infertility Research Centers Act of 1993''. SEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO CONTRACEPTION AND RESEARCH CENTERS WITH RESPECT TO INFERTILITY. Subpart 7 of part C of title IV of the Public Health Service Act, as amended by section 3 of Public Law 101-613, is amended by adding at the end the following new section: ``research centers with respect to contraception and infertility ``Sec. 452A. (a) The Director of the Institute, after consultation with the advisory council for the Institute, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct activities for the purpose of improving methods of contraception and centers to conduct activities for the purpose of improving methods of diagnosis and treatment of infertility. ``(b) In carrying out subsection (a), the Director of the Institute shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of three centers with respect to contraception and for two centers with respect to infertility. ``(c)(1) Each center assisted under this section shall, in carrying out the purpose of the center involved-- ``(A) conduct clinical and other applied research, including-- ``(i) for centers with respect to contraception, clinical trials of new or improved drugs and devices for use by males and females (including barrier methods); and ``(ii) for centers with respect to infertility, clinical trials of new or improved drugs and devices for the diagnosis and treatment of infertility in males and females; ``(B) develop protocols for training physicians, scientists, nurses, and other health and allied health professionals; ``(C) conduct training programs for such individuals; ``(D) develop model continuing education programs for such professionals; and ``(E) disseminate information to such professionals and the public. ``(2) A center may use funds provided under subsection (a) to provide stipends for health and allied health professionals enrolled in programs described in subparagraph (C) of paragraph (1), and to provide fees to individuals serving as subjects in clinical trials conducted under such paragraph. ``(d) The Director of the Institute shall, as appropriate, provide for the coordination of information among the centers assisted under this section. ``(e) Each center assisted under subsection (a) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. ``(f) Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(g) For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. SEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO CONTRACEPTION AND INFERTILITY. Part F of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting after section 487A the following section: ``loan repayment program for research with respect to contraception and infertility ``Sec. 487B. (a) The Secretary, in consultation with the Director of the National Institute of Child Health and Human Development, shall establish a program of entering into agreements with qualified health professionals (including graduate students) under which such health professionals agree to conduct research with respect to contraception, or with respect to infertility, in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such health professionals. ``(b) The provisions of sections 338B, 338C, and 338E shall apply to the program established in subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. ``(c) Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''.

Contraception and Infertility Research Centers Act of 1993 - Amends the Public Health Service Act to mandate grants or contracts for centers for improving methods of contraception and diagnosing and treating infertility. Requires each center to: (1) conduct applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals. Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects. Authorizes appropriations. Establishes a program of agreements with health professionals to conduct contraception or infertility research in return for the Government repaying the professionals' educational loans.

Contraception and Infertility Research Centers Act of 1993

SECTION 1. TRANSFER BY CERTAIN MEMBERS OF THE ARMED FORCES OF PORTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended-- (1) by redesignating section 3020 as section 3020A; and (2) by inserting after section 3019 the following new section 3020: ``Sec. 3020. Transfer of entitlement to basic educational assistance: certain members of the Armed Forces agreeing to additional service ``(a) In General.--Subject to the provisions of this section, an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter may transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d). ``(b) Eligible Individuals.--An individual referred to in subsection (a) is any member of the Armed Forces who-- ``(1) has completed at least six years of service in the Armed Forces; and ``(2) enters into an agreement to serve at least four more years as a member of the Armed Forces. ``(c) Eligible Dependents.--An individual referred to in subsection (a) may transfer entitlement to basic educational assistance under this section as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) Limitation on Months Transferable.--The total number of months of entitlement to basic educational assistance transferable by an individual under this section may not exceed the lesser of-- ``(1) the number of months equal to one quarter of the aggregate number of months of basic educational assistance to which the individual is entitled under this subchapter (as determined under section 3013 of this title); or ``(2) the number of months of entitlement to basic educational assistance which remain unused by the individual at the time of transfer under this section. ``(e) Designation of Transferee.--An individual transferring an entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred; ``(2) designate the number of months of such entitlement to be transferred to each such dependent; and ``(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). ``(f) Time for Transfer; Revocation and Modification.--(1) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual entitled to transfer basic educational assistance under this subchapter may transfer such entitlement at any time, without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(g) Additional Administrative Matters.--(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (f)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly rate payable under sections 3105 and 3022 of this title at the time of the use of such entitlement by the dependent. ``(4) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ``(5) Notwithstanding section 3031 of this title, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(6) The administrative provisions of this chapter (including the provisions set forth in section 3034(a)(1) of this title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(7) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(h) Overpayment.--(1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title. ``(2) Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(2) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of basic educational assistance under paragraph (1). ``(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual-- ``(A) by reason of the death of the individual; or ``(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of this title. ``(i) Construction With Other Transfer Authority.--The authority of an individual to transfer entitlement to basic educational assistance under this section is in addition to the authority, if any, of the individual to transfer entitlement to basic educational assistance under section 3020A of this title. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(6) to a dependent to whom entitlement is transferred under this section. ``(k) Secretary Concerned Defined.--Notwithstanding section 101(25) of this title, in this section, the term `Secretary concerned' means-- ``(1) the Secretary of the Army with respect to matters concerning the Army; ``(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; ``(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and ``(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation when it is not operating as a service in the Navy.''. (b) Source of Funds for Increased Usage.--(1) Section 3035(b)(4) of title 38, United States Code, is amended by inserting ``or 3020A'' after ``section 3020''. (2) Section 2006(b)(2)(D) of title 10, United States Code, is amended by inserting ``or 3020A'' after ``section 3020''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by striking the item relating to section 3020 and inserting the following new items: ``3020. Transfer of entitlement to basic educational assistance: certain members of the Armed Forces agreeing to additional service. ``3020A. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills.''.

Authorizes military personnel who have completed at least six years of service and who agree to serve for at least four more years to transfer a portion of their entitlement to veterans' basic educational assistance to a spouse, child, or combination of such individuals. Limits the transferable number of months of such assistance. Requires the member to designate the dependent(s) to whom such assistance is being transferred as well as the number of months being transferred. Allows such members to make, revoke, or modify such transfers at any time. Requires a pro rata repayment of transferred assistance for any of the four-year service period not successfully served by the member (with exceptions in the case of member death or release or discharge for a service-connected disability, for hardship, or for a physical or mental condition).

A bill to amend title 38, United States Code, to permit the transfer to spouses and children of a portion of the entitlement of certain members of the Armed Forces to educational assistance under the Montgomery GI Bill, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Wind for Territories Act''. SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. (a) In General.--Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended-- (1) in paragraph (a)-- (A) by inserting after ``control'' the following: ``or lying within the exclusive economic zone of the United States and the outer Continental Shelf adjacent to any territory or possession of the United States''; and (B) by adding at the end before the semicolon the following: ``, except that such term shall not include any area conveyed by Congress to a territorial government for administration''; (2) in paragraph (p), by striking ``and'' after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(r) The term `State' includes each territory of the United States.''. (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) by striking ``All rentals'' and inserting the following: ``(a) In General.--Except as otherwise provided in law, all rentals''; and (2) by adding at the end the following: ``(b) Disposition of Revenues to Territories of the United States.--Of the rentals, royalties, and other sums paid to the Secretary under this Act from a lease for an area of land on the outer Continental Shelf adjacent to a territory and lying within the exclusive economic zone of the United States pertaining to such territory, and not otherwise obligated or appropriated-- ``(1) 50 percent shall be deposited in the Treasury and credited to miscellaneous receipts; ``(2) 12.5 percent shall be deposited in the Coral Reef Conservation Fund established under section 211 of the Coral Reef Conservation Act of 2000; and ``(3) 37.5 percent shall be disbursed to territories of the United States in an amount for each territory (based on a formula established by the Secretary by regulation) that is inversely proportional to the respective distance between the point on the coastline of the territory that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.''. SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. (a) Conditional Wind Lease Sales in Territories of the United States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted under this section shall be considered a lease under section 8(p). ``(c) Wind Lease Sales Off Coasts of Territories of the United States.-- ``(1) Study on feasibility of conducting wind lease sales.-- ``(A) In general.--The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, of conducting wind lease sales on an area of the outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Renewable Energy Laboratory of the Department of Energy; and ``(ii) the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. ``(C) Publication.--The study required in paragraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public Government internet website. ``(2) Call for information and nominations.--The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). ``(3) Conditional wind lease sales.-- ``(A) In general.--For each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: ``(i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. ``(ii) The Secretary has determined that the call for information has generated sufficient interest for the area. ``(iii) The Secretary has consulted with the Secretary of Defense regarding such a sale. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ``(B) Exception.--If no area of the outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iii) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.''. SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by adding at the end the following: ``SEC. 211. CORAL REEF CONSERVATION FUND. ``(a) Establishment.--There is established in the Treasury the Coral Reef Conservation Fund, hereafter referred to as the Fund. ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(c) Uses.--Amounts deposited in the Fund under this section and appropriated to the Secretary of Commerce under subsection (f) shall be used by the Secretary of Commerce to carry out the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and 6405). ``(d) Availability.--Amounts deposited in the Fund shall remain in the Fund until appropriated by Congress. ``(e) Reporting.--The President shall include with the proposed budget for the United States Government submitted to Congress for a fiscal year a comprehensive statement of deposits into the Fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the Fund. ``(f) Authorization of Appropriations.--There are authorized to be appropriated from the Fund to the Secretary of Commerce, an amount equal to the amount deposited in the Fund in the previous fiscal year. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (b) Renaming of Existing Fund.--Section 205 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''. Passed the House of Representatives December 10, 2018. Attest: Clerk. 115th CONGRESS 2d Session H. R. 6665 _______________________________________________________________________ AN ACT To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes.

Offshore Wind for Territories Act This bill amends the Outer Continental Shelf Lands Act to authorize offshore wind development in the U.S. Exclusive Economic Zone adjacent to U.S. territories. The bill also establishes the Coral Reef Conservation Fund for the Department of Commerce to carry out the Coral Reef Conservation Act of 2000, including to preserve, sustain, and restore the condition of coral reef ecosystems.

Offshore Wind for Territories Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plain Language in Health Insurance Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to improve the effectiveness and accountability of health insurance issuers, health plans, and Federal health care programs by promoting clear communication that the public can understand and use. SEC. 3. DEFINITIONS. In this Act: (1) Covered document.--The term ``covered document'' means any publicly distributed document issued by a health insurance issuer, health plan, or Federal health care program. (2) Plain language.--The term ``plain language'' means language that the intended audience can readily understand and use because that language is clear, concise, well organized, and follows other best practices of plain language writing. SEC. 4. RESPONSIBILITIES OF HEALTH INSURANCE ISSUERS, HEALTH PLANS, AND FEDERAL HEALTH CARE PROGRAMS. (a) Requirement To Use Plain Language in New Documents.--Not later than 1 year after the date of enactment of this Act, any health insurance issuer, health plan, and Federal health care program shall use plain language in any covered document of the plan issued or substantially revised. (b) Guidance.-- (1) In general.-- (A) Development.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall develop guidance on implementing the requirements of subsection (a). (B) Issuance.--The Secretary shall issue the guidance developed under subparagraph (A) to health insurance issuers, health plans, and Federal health care programs. (2) Interim guidance.--Before the issuance of guidance under paragraph (1), any health insurance issuer, health plan, or Federal health care program may follow the-- (A) guidance of the writing guidelines developed by the Plain Language Action and Information Network; or (B) guidance provided by the head of the agency that is consistent with the guidelines referred to under subparagraph (A). (c) Enforcement.-- (1) Health insurance issuers and health plans.-- (A) Corrective action plan.--If the Secretary finds that a health insurance issuer or health plan is in violation of subsection (a), the Secretary shall issue an order requiring the issuer or plan to submit a corrective action plan within 90 days for review and approval by the Secretary. (B) Civil penalties.--Any health insurance issuer or health plan that violates an order under subparagraph (A) or any provision of a corrective action plan approved by the Secretary pursuant to subparagraph (A) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $50,000 for all such violations adjudicated in a single proceeding. (2) Federal health care programs.--The Secretary, in consultation with other appropriate Federal departments and agencies, shall establish mechanisms to ensure that Federal health care programs meet the requirements of subsection (a). SEC. 5. REPORTS TO CONGRESS. (a) Initial Report.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that describes how the agency intends to meet the following objectives: (1) Communicating the requirements of this Act to health insurance issuers, health plans, and Federal health care programs. (2) Training Federal health care program employees to write in plain language. (3) Meeting the requirement under section 4(a). (4) Ensuring ongoing compliance with the requirements of this Act. (5) Enforcing the requirements of this Act pursuant to section 4(c). (6) Designating a senior official to be responsible for implementing the requirements of this Act. (b) Annual and Other Reports.--The Secretary shall submit reports on compliance with this Act to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate-- (1) annually for the first 2 years after the date of enactment of this Act; and (2) once every 3 years thereafter.

Plain Language in Health Insurance Act of 2009 - Requires any health insurance issuer, health plan, and federal health care program to use plain language in any publicly distributed document. Requires the Secretary of Health and Human Services to issue guidance on implementing such requirements.

To enhance citizen awareness of insurance information and services by establishing that insurance documents issued to the public must be written clearly, and for other purposes.

SECTION 1. FINDINGS. The Congress finds as follows: (1) John Birks ``Dizzy'' Gillespie is one of the most recognized and beloved artists in the world today, admired not only for his unique musicianship, but for his ability to reach people on a distinctly personal level. (2) As a virtuoso musician, pioneer, innovator, composer, arranger, bandleader, raconteur, consummate entertainer, and cultural ambassador extraordinaire, Mr. Gillespie has distinguished himself as one of the truly immortal figures in the history of Jazz, ``a national American Treasure''. (3) Mr. Gillespie has received the Kennedy Center Honors, the most prestigious public recognition of an artist's lifetime contributions in the performing arts in the United States, was awarded the Smithsonian Medal from the Smithsonian Institution, and was presented with American Society of Composers, Authors and Publishers' ``Duke'' award for his lifetime achievements as a musician, composer, and bandleader. (4) Mr. Gillespie has received many additional honors; the National Medal of Arts, presented by President Bush; the Commandant D'Ordre des Arts et Lettres, the highest honor in the arts in France, presented by Minister of Culture Jack Lang; crowned a traditional African chief, with the title ``Bashere of Iperu'', in Nigeria; and a Grammy lifetime Achievement Award from the National Academy of Recording Arts and Sciences. (5) Mr. Gillespie has performed before numerous 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 virtually every country in the world; the audience included kings, presidents, prime ministers, the Secretary-General of the United Nations, Nelson Mandela, and a host of other dignitaries. (7) Mr. Gillespie is 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 Bebop, a new and fresh harmonic and rythmic vocabulary which created a musical revolution that completely transformed jazz and dramatically impacted on 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 Nation Orchestra, which exemplifies the essence of Mr. Gillespie's universal musical philosophy, has 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 firsts jazz artist appointed by the Department of State as Cultural Ambassador to tour on behalf of the United States of America, and his resoundingly successful tours through the Near East, Asia, Eastern Europe, and Latin America were early landmarks in what has been a virtual lifetime of cultural statesmanship by the inimitable jazz master on behalf of his country. (12) In January 1989, Mr. Gillespie once again 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 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 determined by the Secretary. (c) Authorization of Appropriation.--There are authorized to be appropriated 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 thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (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 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.

To award a congressional gold medal to John Birks "Dizzy Gillespie".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inbox Privacy Act of 1999''. SEC. 2. TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL. (a) Prohibition on Transmission to Persons Declining Receipt.-- (1) In general.--A person may not initiate the transmission of unsolicited commercial electronic mail to another person if such other person submits to the person a request that the initiation of the transmission of such mail by the person to such other person not occur. (2) Form of request.--A request under paragraph (1) may take any form appropriate to notify a person who initiates the transmission of unsolicited commercial electronic mail of the request, including an appropriate reply to a notice specified in subsection (d)(2). (3) Constructive authorization.-- (A) In general.--Subject to subparagraph (B), for purposes of this subsection, a person who secures a good or service from, or otherwise responds electronically to an offer in a commercial electronic mail message shall be deemed to have authorized the initiation of transmissions of unsolicited commercial electronic mail from the person who initiated transmission of the message. (B) No authorization for request for termination.-- A reply to a notice specified in subsection (d)(2) shall not constitute authorization for the initiation of transmissions of unsolicited commercial electronic mail under this paragraph. (b) Prohibition on Transmission to Domain Owners Declining Receipt.-- (1) In general.--Except as provided in paragraph (2), a person may not initiate the transmission of unsolicited commercial electronic mail to any electronic mail addresses served by a domain if the domain owner has elected not to receive transmissions of such mail at the domain in accordance with subsection (c). (2) Exceptions.--The prohibition in paragraph (1) shall not apply in the case of the following: (A) A domain owner initiating transmissions of commercial electronic mail to its own domain. (B) Any customer of an Internet service provider or interactive computer service provider included on a list under subsection (c)(3)(C). (c) Domain-wide opt-out system.-- (1) In general.--A domain owner may elect not to receive transmissions of unsolicited commercial electronic mail at its own domain. (2) Notice of election.--A domain owner making an election under this subsection shall-- (A) notify the Federal Trade Commission of the election in such form and manner as the Commission shall require for purposes of section 4(c); and (B) if the domain owner is an Internet service provider or interactive computer service provider, notify the customers of its Internet service or interactive computer service, as the case may be, in such manner as the provider customarily employs for notifying such customers of matters relating to such service, of-- (i) the election; and (ii) the authority of the customers to make the election provided for under paragraph (3). (3) Customer election to continue receipt of mail.-- (A) Election.--Any customer of an Internet service provider or interactive computer service provider receiving a notice under paragraph (2)(B) may elect to continue to receive transmissions of unsolicited commercial electronic mail through the domain covered by the notice, notwithstanding the election of the Internet service provider or interactive computer service provider under paragraph (1) to which the notice applies. (B) Transmittal of mail.--An Internet service provider or interactive computer service provider may not impose or collect any fee for the receipt of unsolicited commercial electronic mail under this paragraph (other than the usual and customary fee imposed and collected for the receipt of commercial electronic mail by its customers) or otherwise discriminate against a customer for the receipt of such mail under this paragraph. (C) List of customers making election.-- (i) Requirement.--An Internet service provider or interactive computer service provider shall maintain a list of each of its current customers who have made an election under subparagraph (A). (ii) Availability of list.--Each such provider shall make such list available to the public in such form and manner as the Commission shall require for purposes of section 4(c). (iii) Prohibition on fee.--A provider may not impose or collect any fee in connection with any action taken under this subparagraph. (d) Information To Be Included in All Transmissions.--A person initiating the transmission of any unsolicited commercial electronic mail message shall include in the body of such message the following information: (1) The name, physical address, electronic mail address, and telephone number of the person. (2) A clear and obvious notice that the person will cease further transmissions of commercial electronic mail to the recipient of the message at no cost to that recipient upon the transmittal by that recipient to the person, at the electronic mail address from which transmission of the message was initiated, of an electronic mail message containing the word ``remove'' in the subject line. (e) Routing Information.--A person initiating the transmission of any commercial electronic mail message shall ensure that all Internet routing information contained in or accompanying such message is accurate, valid according to the prevailing standards for Internet protocols, and accurately reflects the routing of such message. SEC. 3. DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH SALE OF GOODS OR SERVICES OVER THE INTERNET. (a) Authority to Regulate.-- (1) In general.--The Federal Trade Commission may prescribe rules for purposes of defining and prohibiting deceptive acts or practices in connection with the promotion, advertisement, offering for sale, or sale of goods or services on or by means of the Internet. (2) Commercial electronic mail.--The rules under paragraph (1) may contain specific provisions addressing deceptive acts or practices in the initiation, transmission, or receipt of commercial electronic mail. (3) Nature of violation.--The rules under paragraph (1) shall treat any violation of such rules as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), relating to unfair or deceptive acts or practices affecting commerce. (b) Prescription.--Section 553 of title 5, United States Code, shall apply to the prescription of any rules under subsection (a). SEC. 4. FEDERAL TRADE COMMISSION ACTIVITIES WITH RESPECT TO UNSOLICITED COMMERCIAL ELECTRONIC MAIL. (a) Investigation.-- (1) In general.--Subject to paragraph (2), upon notice of an alleged violation of a provision of section 2, the Federal Trade Commission may conduct an investigation in order to determine whether or not the violation occurred. (2) Limitation.--The Commission may not undertake an investigation of an alleged violation under paragraph (1) more than 2 years after the date of the alleged violation. (3) Receipt of notices.--The Commission shall provide for appropriate means of receiving notices under paragraph (1). Such means shall include an Internet web page on the World Wide Web that the Commission maintains for that purpose. (b) Enforcement Powers.--If as a result of an investigation under subsection (a) the Commission determines that a violation of a provision of section 2 has occurred, the Commission shall have the power to enforce such provision as if such violation were a violation of a rule prescribed under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), relating to unfair or deceptive acts or practices affecting commerce. (c) Information on Elections Under Domain-Wide Opt-Out System.-- (1) Initial site for information.--The Commission shall establish and maintain an Internet web page on the World Wide Web containing information sufficient to make known to the public for purposes of section 2 the domain owners who have made an election under subsection (c)(1) of that section and the persons who have made an election under subsection (c)(3) of that section. (2) Alternative site.--The Commission may from time to time select another means of making known to the public the information specified in paragraph (1). Any such selection shall be made in consultation with the members of the Internet community. (d) Assistance of Other Federal Agencies.--Other Federal departments and agencies may, upon request of the Commission, assist the Commission in carrying out activities under this section. SEC. 5. ACTIONS BY STATES. (a) In General.--Whenever the attorney general of a State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected because any person is engaging in a pattern or practice of the transmission of electronic mail in violation of a provision of section 2, or of any rule prescribed pursuant to section 3, the State, as parens patriae, may bring a civil action on behalf of its residents to enjoin such transmission, to enforce compliance with such provision or rule, to obtain damages or other compensation on behalf of its residents, or to obtain such further and other relief as the court considers appropriate. (b) Notice to Commission.-- (1) Notice.--The State shall serve prior written notice of any civil action under this section on the Federal Trade Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve written notice immediately after instituting such action. (2) Rights of commission.--On receiving a notice with respect to a civil action under paragraph (1), the Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard in all matters arising therein; and (C) to file petitions for appeal. (c) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of a provision of section 2, or of any rule prescribed pursuant to section 3, no State may, during the pendency of such action, institute a civil action under this section against any defendant named in the complaint in such action for violation of any provision or rule as alleged in the complaint. (d) Construction.--For purposes of bringing a civil action under subsection (a), nothing in this section shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of the State concerned to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary or other evidence. (e) Venue; Service of Process.--Any civil action brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Definitions.--In this section: (1) Attorney general.--The term ``attorney general'' means the chief legal officer of a State. (2) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any possession of the United States. SEC. 6. ACTIONS BY INTERNET SERVICE PROVIDERS AND INTERACTIVE COMPUTER SERVICE PROVIDERS. (a) Actions Authorized.--In addition to any other remedies available under any other provision of law, any Internet service provider or interactive computer service provider adversely affected by a violation of section 2(b)(1) may, within 1 year after discovery of the violation, bring a civil action in a district court of the United States against a person who violates such section. (b) Relief.-- (1) In general.--An action may be brought under subsection (a) to enjoin a violation referred to in that subsection, to enforce compliance with the provision referred to in that subsection, to obtain damages as specified in paragraph (2), or to obtain such further and other relief as the court considers appropriate. (2) Damages.-- (A) In general.--The amount of damages in an action under this section for a violation specified in subsection (a) may not exceed $50,000 per day in which electronic mail constituting such violation was received. (B) Relationship to other damages.--Damages awarded under this subsection for a violation under subsection (a) are in addition to any other damages awardable for the violation under any other provision of law. (C) Cost and fees.--The court may, in issuing any final order in any action brought under subsection (a), award costs of suit, reasonable costs of obtaining service of process, reasonable attorney fees, and expert witness fees for the prevailing party. (c) Venue; Service of Process.--Any civil action brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant or in which the Internet service provider or interactive computer service provider is located, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. SEC. 7. PREEMPTION. This Act preempts any State or local laws regarding the transmission or receipt of commercial electronic mail. SEC. 8. DEFINITIONS. In this Act: (1) Commercial electronic mail.--The term ``commercial electronic mail'' means any electronic mail or similar message whose primary purpose is to initiate a commercial transaction, not including messages sent by persons to others with whom they have a prior business relationship. (2) Initiate the transmission.-- (A) In general.--The term ``initiate the transmission'', in the case of an electronic mail message, means to originate the electronic mail message. (B) Exclusion.--Such term does not include any intervening action to relay, handle, or otherwise retransmit an electronic mail message, unless such action is carried out in intentional violation of a provision of section 2. (3) Interactive computer service provider.--The term ``interactive computer service provider'' means a provider of an interactive computer service (as that term is defined in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). (4) Internet.--The term ``Internet'' has the meaning given that term in section 230(e)(1) of the Communications Act of 1934 (47 U.S.C. 230(e)(1)).

Inbox Privacy Act of 1999 - Prohibits a person from initiating the transmission of unsolicited commercial electronic mail (mail) to an individual who submits to such person a request that such mail not occur. Presumes constructive authorization of mail when the recipient secures a good or service from, or otherwise responds electronically to, an offer. Prohibits the initiation of mail to any electronic mail address served by a domain if the domain owner has elected not to receive such mail at such domain, with exceptions. Provides requirements for domain owners electing not to receive such mail, including notification to the Federal Trade Commission (FTC) and the domain's customers (if such domain owner is an Internet service provider or interactive computer service provider). Requires the service provider to notify its customers of their individual authority to receive such mail, and provides for customer election to continue to receive such mail. Requires the service provider to maintain and make public a list of customers electing to receive such mail. Requires persons initiating transmission of mail to: (1) include certain identifying information; (2) agree to cease such transmission upon request; and (3) ensure the accuracy of all Internet routing information included in such transmission. (Sec. 3) Authorizes the FTC to prescribe rules for defining and prohibiting deceptive acts or practices in connection the promotion, advertisement, offer for sale, or sale of goods or services on or by means of the Internet, with special provisions addressing such acts or practices in connection with such mail. (Sec. 4) Authorizes the FTC to investigate and enforce regulations for violations of this Act. Requires the FCC to maintain an Internet web page concerning domain owners and customers who have made elections described above. (Sec. 5) Authorizes a State to bring a civil action on behalf of its residents against persons transmitting such mail. Requires such State to notify the FTC of such action. (Sec. 6) Authorizes Internet or interactive computer service providers to bring a civil action in U.S. district court for violations of this Act, with injunctive relief and damages. (Sec. 7) Preempts State and local laws regarding the transmission or receipt of such mail.

Inbox Privacy Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Methamphetamine Information Clearinghouse Act of 2005''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Council'' means the National Methamphetamine Advisory Council established under section 3(b)(1); (2) the term ``drug endangered children'' means children whose physical, mental, or emotional health are at risk because of the production, use, or effects of methamphetamine by another person; (3) the term ``National Methamphetamine Information Clearinghouse'' or ``NMIC'' means the information clearinghouse established under section 3(a); and (4) the term ``qualified entity'' means a State or local government, school board, or public health, law enforcement, nonprofit, or other nongovernmental organization providing services related to methamphetamines. SEC. 3. ESTABLISHMENT OF CLEARINGHOUSE AND ADVISORY COUNCIL. (a) Clearinghouse.--There is established, under the supervision of the Attorney General of the United States, an information clearinghouse to be known as the National Methamphetamine Information Clearinghouse. (b) Advisory Council.-- (1) In general.--There is established an advisory council to be known as the National Methamphetamine Advisory Council. (2) Membership.--The Council shall consist of 10 members appointed by the Attorney General-- (A) not fewer than 3 of whom shall be representatives of law enforcement agencies; (B) not fewer than 4 of whom shall be representatives of nongovernmental and nonprofit organizations providing services related to methamphetamines; and (C) 1 of whom shall be a representative of the Department of Health and Human Services. (3) Period of appointment; vacancies.--Members shall be appointed for 3 years. Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment. SEC. 4. NMIC REQUIREMENTS AND REVIEW. (a) In General.--The NMIC shall promote sharing information regarding successful law enforcement, treatment, environmental, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs. (b) Components.--The NMIC shall include-- (1) a toll-free number; and (2) a website that-- (A) provides information on the short-term and long-term effects of methamphetamine use; (B) provides information regarding methamphetamine treatment programs and programs for drug endangered children, including descriptions of successful programs and contact information for such programs; (C) provides information regarding grants for methamphetamine-related programs, including contact information and links to websites; (D) allows a qualified entity to submit items to be posted on the website regarding successful public or private programs or other useful information related to the production, use, or effects of methamphetamine; (E) includes a restricted section that may only be accessed by a law enforcement organization that contains successful strategies, training techniques, and other information that the Council determines helpful to law enforcement agency efforts to combat the production, use or effects of methamphetamine; (F) allows public access to all information not in a restricted section; and (G) contains any additional information the Council determines may be useful in combating the production, use, or effects of methamphetamine. (c) Review of Posted Information.-- (1) In general.--Not later than 30 days after the date of submission of an item by a qualified entity, the Council shall review an item submitted for posting on the website described in subsection (b)(2)-- (A) to evaluate and determine whether the item, as submitted or as modified, meets the requirements for posting; and (B) in consultation with the Attorney General, to determine whether the item should be posted in a restricted section of the website. (2) Determination.--Not later than 45 days after the date of submission of an item, the Council shall-- (A) post the item on the website described in subsection (b)(2); or (B) notify the qualified entity that submitted the item regarding the reason such item shall not be posted and modifications, if any, that the qualified entity may make to allow the item to be posted. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for fiscal year 2006-- (A) $1,000,000 to establish the NMIC and Council; and (B) such sums as are necessary for the operation of the NMIC and Council; and (2) for each of fiscal years 2007 through 2010, such sums as are necessary for the operation of the NMIC and Council.

National Methamphetamine Information Clearinghouse Act of 2005 - Establishes: (1) the National Methamphetamine Information Clearinghouse, under the supervision of the Attorney General, to promote sharing information regarding successful law enforcement, treatment, environmental, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs; and (2) the National Methamphetamine Advisory Council.

A bill to establish a National Methamphetamine Information Clearinghouse to promote sharing information regarding successful law enforcement, treatment, environmental, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs, and for the other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland Over-the-Road Bus Security and Safety Act of 2003''. SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE. (a) In General.--The Secretary of Homeland Security acting through the Administrator of the Transportation Security Administration, shall establish a program for making grants to private operators of over-the- road buses for system-wide security improvements to their operations, including-- (1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security; (2) protecting or isolating the driver; (3) acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or otherwise, and information links with government agencies; (4) training employees in recognizing and responding to security threats, evacuation procedures, passenger screening procedures, and baggage inspection; (5) hiring and training security officers; (6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the- road bus facilities; (7) creating a program for employee identification or background investigation; (8) establishing an emergency communications system linked to law enforcement and emergency personnel; and (9) implementing and operating passenger screening programs at terminals and on over-the-road buses. (b) Reimbursement.--A grant under this Act may be used to provide reimbursement to private operators of over-the-road buses for extraordinary security-related costs for improvements described in paragraphs (1) through (9) of subsection (a), determined by the Secretary to have been incurred by such operators since September 11, 2001. (c) Federal Share.--The Federal share of the cost for which any grant is made under this Act shall be 90 percent. (d) Due Consideration.--In making grants under this Act, the Secretary shall give due consideration to private operators of over- the-road buses that have taken measures to enhance bus transportation security from those in effect before September 11, 2001. (e) Grant Requirements.--A grant under this Act shall be subject to all the terms and conditions that a grant is subject to under section 3038(f) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 393). SEC. 3. PLAN REQUIREMENT. (a) In General.--The Secretary may not make a grant under this Act to a private operator of over-the-road buses until the operator has first submitted to the Secretary-- (1) a plan for making security improvements described in section 2 and the Secretary has approved the plan; and (2) such additional information as the Secretary may require to ensure accountability for the obligation and expenditure of amounts made available to the operator under the grant. (b) Coordination.--To the extent that an application for a grant under this section proposes security improvements within a specific terminal owned and operated by an entity other than the applicant, the applicant shall demonstrate to the satisfaction of the Secretary that the applicant has coordinated the security improvements for the terminal with that entity. SEC. 4. OVER-THE-ROAD BUS DEFINED. In this Act, the term ``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment. SEC. 5. BUS SECURITY ASSESSMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Select Committee on Homeland Security of the House of Representatives, a preliminary report in accordance with the requirements of this section. (b) Contents of Preliminary Report.--The preliminary report shall include-- (1) an assessment of the over-the-road bus security grant program; (2) an assessment of actions already taken to address identified security issues by both public and private entities and recommendations on whether additional safety and security enforcement actions are needed; (3) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses; (4) an assessment of the economic impact that security upgrades of buses and bus facilities may have on the over-the- road bus transportation industry and its employees; (5) an assessment of ongoing research and the need for additional research on over-the-road bus security, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (6) an assessment of industry best practices to enhance security. (c) Consultation With Industry, Labor, and Other Groups.--In carrying out this section, the Secretary shall consult with over-the- road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences. SEC. 6. FUNDING. There are authorized to be appropriated to the Secretary of Homeland Security to carry out this Act $25,000,000 for fiscal year 2003 and $99,000,000 for fiscal year 2004. Such sums shall remain available until expended. Passed the Senate July 30 (legislative day, July 21), 2003. Attest: Secretary. 108th CONGRESS 1st Session S. 929 _______________________________________________________________________ AN ACT To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

Max Cleland Over-the-Road Bus Security and Safety Act of 2003 - (Sec. 2) Authorizes the Secretary of Homeland Security, acting through the Administrator of the Transportation Security Administration (TSA), to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001. Sets the Federal share of cost for such grants at 90 percent. (Sec. 3) Requires: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that the applicant has coordinated such improvements for the terminal with the entity. (Sec. 4) Defines "over-the-road bus" as a bus characterized by an elevated passenger deck located over a baggage compartment. (Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes an assessment of the over-the-road bus security grant program. (Sec. 6) Authorizes appropriations for FY 2003 and 2004.

A bill to direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``YMCA Teen Action Agenda Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) one in 10 teens, 2,400,000 teens across the Nation, are currently involved in a program offered by a local YMCA; (2) recognizing the unique obstacles faced by teenagers, the YMCA has launched the Teen Action Agenda, a nationwide campaign to double this number and serve 1 in 5 teens by 2005; (3) in more than 1,900 YMCAs across the United States in cities large and small, in neighborhoods rich and poor, teen groups meet regularly and engage one another in safe, wholesome, educational, and creative activities; (4) it is well-documented that teens who participate in structured activities after school are less likely to drink alcohol, carry or use weapons, smoke cigarettes, engage in early sexual activity, or skip school; (5) YMCAs serve people of all faiths, races, abilities, ages, and incomes; (6) approximately 400 YMCAs partner with juvenile courts, 300 partner with public housing developments, 1550 partner with elementary schools, and 1033 partner with high schools; (7) the YMCA is volunteer-founded and volunteer-led and depends on more than 600,000 volunteers to meet the unique needs of their communities; (8) the YMCA is especially committed to reaching teens that are most at-risk for school failure or delinquency; and (9) the prosperity of our Nation depends upon maximizing and fulfilling the potential of its young people. SEC. 3. DEFINITIONS. In this Act: (1) Local ymca.--The term ``local YMCA'' means one of the approximately 2,400 locally incorporated and governed YMCAs in the United States. (2) Teen program.--The term ``teen program'' means any program primarily attended by individuals between the ages of 11 and 19. (3) YMCA of the usa.--The term ``YMCA of the USA'' means the private, nonprofit, national membership and service organization of approximately 2,400 local YMCAs. SEC. 4. GRANTS TO THE YMCA OF THE USA. (a) Purposes.--Subject to the availability of appropriations, the Attorney General shall award a grant to the YMCA of the USA for the purpose of carrying out YMCA programs for at-risk teens in accordance with the provisions of this Act. (b) Subgrants.--From amounts awarded under subsection (a), the YMCA of the USA shall make subgrants to local YMCAs authorizing expenditures associated with providing programs, including the hiring of teachers and other personnel, procurement of goods and services (including computer equipment), or such other expenditures as are approved by the Attorney General. SEC. 5. USE OF FUNDS. (a) In General.-- (1) Programs for at-risk teens.--Amounts granted under this Act shall be used by the YMCA of the USA to provide funding to carry out YMCA programs that have a primary purpose of serving teens who are determined to be at-risk for school failure or delinquency. (2) Program requirements.--Each program for which assistance is provided under this Act shall include at least 3 of the following different activities: (A) Mentoring assistance. (B) Academic assistance. (C) Recreational, fitness, and athletic activities. (D) Technology training. (E) Drug, alcohol, and gang prevention. (F) Job and life skills. (G) Character development and values education. (H) Leadership development. (I) Truancy and dropout prevention. (J) Civic education. (K) Volunteerism and service learning. (L) Parenting skills. (M) Literary, performing, and visual arts. (N) Mental health services. (O) Alternative education. (P) Any research-based activity shown to have a positive impact on the academic and social outcomes of teens. (b) Additional Requirements.--In carrying out the programs under subsection (a), a local YMCA shall, to the maximum extent practicable-- (1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; (2) develop creative methods of conducting outreach to teens in the community; (3) request donations of computer equipment and other materials and equipment; and (4) work with State and local educational and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. (c) Funding for Program Administration.--Of the amounts granted to the YMCA of the USA under this Act in each fiscal year, the YMCA of the USA shall use-- (1) not less than 2 percent for research and evaluation of the subgrants made under this Act; (2) not less than 1 percent for technical assistance related to the subgrants awarded under this Act; and (3) not more than 6 percent for the management and administration of the subgrants made under this Act. SEC. 6. APPLICATIONS FOR SUBGRANTS. (a) Eligibility.--To be eligible to receive a subgrant under this Act, an applicant shall submit an application to the YMCA of the USA. (b) Contents.--Each application submitted shall include-- (1) a request for a subgrant to be used for the purposes of this Act; (2) a description of the population to be served by the subgrant and information demonstrating that this population is at-risk for school failure or delinquency; (3) a description of the program to be expanded or established by the subgrant; (4) information demonstrating the manner in which the local YMCA will carry out the planning, establishment, implementation, sustainability, and evaluation of the program funded by the subgrant; (5) information demonstrating that there are non-Federal contributions (which may be in the form of an in-kind contribution of goods or services) available to cover at least 50 percent of the total cost of the project; and (6) any additional statistical or financial information that the YMCA of the USA may reasonably require. (c) Consideration of Subgrants.--In awarding subgrants under this Act, the YMCA of the USA shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing teen activities; and (3) efforts to achieve an equitable geographic distribution of subgrant awards. SEC. 7. REPORT. For each fiscal year for which a grant is awarded under this Act, the YMCA of the USA shall submit to the Attorney General a report that details the progress and effectiveness of the YMCA programs in reaching measurable outcomes. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2002 through 2006. (b) Continued Availability.--Amounts made available to carry out this Act shall remain available until expended.

YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities.

A bill to improve academic and social outcomes for teenage youth.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Availablity Stabilization (GAS) Reserves Act''. SEC. 2. GASOLINE AVAILABILITY STABILIZATION RESERVE. (a) Establishment.-- (1) Authority.--The Secretary shall establish a Gasoline Availability Stabilization Reserve (in this section referred to as the ``GAS Reserve'') system with a total capacity of 20,000,000 barrels of regular unleaded gasoline. (2) Reserve sites.--Not later than 1 year after the date of enactment of this Act, the Secretary shall determine a site for one GAS Reserve each in the Northeast and Midwest regions of the United States, and one in California. Such reserve sites shall be operational within 2 years after the date of enactment of this Act. The Secretary may establish two additional GAS Reserve sites at locations selected by the Secretary. (3) Security.--In establishing the GAS Reserve under this section, the Secretary shall obtain the concurrence of the Secretary of Homeland Security with respect to physical design security and operational security. (b) Transportation Plan.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress, the Secretary of Homeland Security, and the Governor of each State in which a reserve will be sited a plan for the transportation of the contents of the GAS Reserve under this section to consumers in the event of an emergency sale under subsection (d). (c) Fill Date.--The Secretary shall complete the process of filling the GAS Reserve under this section by March 1, 2006. (d) Emergency Sale Authorization.--The Secretary shall sell gasoline from the GAS Reserve if-- (1) the Governor of a State transmits to the Secretary a written request for GAS Reserve emergency sales assistance which-- (A) cites a physical disruption in the system supplying gasoline to the Governor's State; and (B) demonstrates to the satisfaction of the Secretary that such disruption is likely to result in price volatility for retail gasoline markets in the Governor's State; and (2) the Secretary determines that-- (A) GAS Reserve emergency sales would mitigate gasoline price volatility in the Governor's State; (B) GAS Reserve emergency sales would not have an adverse effect on the long-term economic viability of retail gasoline markets in the Governor's State and adjacent States; (C) the physical disruption described in paragraph (1)(A) is likely to result in general economic disruption in the Governor's State and adjacent States; and (D) GAS Reserve emergency sales would serve to stabilize gasoline prices, not suppress prices below long-term market trend levels. (e) Procedure.-- (1) Secretary's response.--The Secretary shall respond to a request transmitted under subsection (d)(1) within 10 days of receipt of a request by-- (A) approving the request; (B) denying the request; or (C) requesting additional supporting information. (2) Approval.--If the Secretary approves a request, the Secretary shall provide to the Governor a written notice of approval that includes-- (A) a description of the GAS Reserve emergency sale plan; and (B) an explanation of the Secretary's decision. (3) Denial.--If the Secretary denies a request, the Secretary shall provide to the Governor a written notice of denial that includes an explanation of the Secretary's decision. (4) Additional information.--If the Secretary requests additional information and the Governor does not respond for a period of 10 days, the Governor's request shall be denied. If the Governor provides all requested additional information in timely manner, the Secretary shall approve or deny the request within 10 days after receipt of such information. (f) Maintenance Transactions.--The Secretary is authorized to conduct purchases and sales of gasoline at wholesale for maintenance of the GAS Reserve system. In conducting maintenance transactions, the Secretary shall ensure that-- (1) the GAS Reserve is available to respond to emergencies during periods of the annual gasoline market cycle when the Secretary expects demand to be highest; (2) the GAS Reserve does not contain gasoline for a period of time so long as to jeopardize its quality; and (3) maintenance transactions are timed so as to minimize their impact on the retail price of gasoline. (g) Reports.--Not later than November 1 of each year, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a report on the GAS Reserve program, describing the physical status of GAS Reserve facilities, the program's financial outlook, and the disposition of any emergency sales request received and any emergency sales conducted since the last report, and recommending any additional appropriations or technical changes appropriate to improve the program's operation. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for construction and operation of the GAS Reserve for fiscal years 2004 through 2009.

Gasoline Availablity Stabilization (GAS) Reserves Act - Directs the Secretary [of Energy] to: (1) establish a Gasoline Availability Stabilization Reserve (GAS Reserve) system with a total capacity of 20 million barrels of regular unleaded gasoline; and (2) determine a site for one GAS Reserve each in the Northeast and Midwest regions and one in California, to be operational within two years after the date of enactment of this Act. Instructs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the Governor of each State in which a reserve will be sited a plan for the transportation of the contents of the GAS Reserve to consumers in the event of an emergency sale; and (2) complete the process of filling the GAS Reserve by March 1, 2006. Prescribes procedural guidelines for emergency sales by the Secretary from the GAS Reserve upon written request from the Governor of a State for GAS Reserve emergency sales assistance owing to a physical disruption in the gasoline supplies that is likely to result in price volatility for retail gasoline in the Governor's State. Authorizes the Secretary to conduct purchases and sales of gasoline at wholesale for maintenance of the GAS Reserve system.

To authorize the construction and operation of regional reserves of gasoline, for use as a response to acute gasoline price increases resulting from accidents or other physical disruptions to regional supplies of gasoline.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Medicare Seniors from being Confused due to Abusive Marketing (Prevent Medicare SCAMs) Act of 2005''. SEC. 2. STRICTER PENALTIES FOR MA-PD PLANS AND MEDICARE PRESCRIPTION DRUG PLANS THAT VIOLATE MARKETING REQUIREMENTS. Section 1857(g) of the Social Security Act (42 U.S.C. 1395w-27(g)) is amended by adding at the end the following new paragraph: ``(5) Determinations related to violations of marketing requirements of ma-pd plans and prescription drug plans.--For purposes of paragraphs (2) and (3), in the case that the Secretary makes a determination under paragraph (1)(E)(ii) or subsection (c)(2) because an MA-PD plan under this part or a prescription drug plan under part D is in violation of an applicable requirement relating to marketing and such a violation involves mail, phone calls, emails, or pieces of other marketing material or communication specified by the Secretary, each piece of mail, each phone call, each email, and each piece of other marketing material or communication involved shall represent a separate determination of such a violation.''. SEC. 3. PUBLIC NOTIFICATION OF MEDICARE PRESCRIPTION DRUG PLANS AND MA- PD PLANS THAT HABITUALLY RECEIVE INTERMEDIATE SANCTIONS. Section 1860D-4(a) of such Act (42 U.S.C. 13953-104(a)) is amended by adding at the end the following new paragraph: ``(5) Public notification of medicare prescription drug plans and ma-pd plans with habitual violations.-- ``(A) In general.--For 2008 and each succeeding year, not later than the notice and posting date described in subparagraph (C) for such a year, the Secretary shall-- ``(i) provide written notice to each part D eligible individual of the prescription drug habitual sanctions information described in subparagraph (B); and ``(ii) post such information on the official public Internet site of the Department of Health and Human Services and the official public Internet site of the Centers of Medicare & Medicaid Services. ``(B) Prescription drug habitual sanctions information.--For purposes of subparagraph (A), the prescription drug habitual sanctions information described in this subparagraph for a year is the following: ``(i) The name of-- ``(I) each prescription drug plan under this part to which the Secretary applied at least three sanctions under section 1857(g), as applied under section 1860D-12(b)(3)(E), during any 24-month period that preceeds the applicable notice and posting date for such year; and ``(II) each MA-PD plan under part C to which the Secretary applied at least three sanctions under section 1857(g) during such 24-month period. ``(ii) For each plan described in clause (i), a description of the date and type of violation for each sanction described in such clause. ``(C) Notice and posting date.--For purposes of this paragraph, the notice and posting date described in this subparagraph for 2008 and each succeeding year is the first day of the annual, coordinated election period under section 1851(e)(3)(B)(iv) for such year.''. SEC. 4. PERMITTING MEDICARE BENEFICIARIES ENROLLED UNDER SANCTIONED PRESCRIPTION DRUG PLANS TO ENROLL UNDER OTHER PLANS. Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w- 101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Enrollment under sanctioned prescription drug plan.-- In the case of a part D eligible individual who is enrolled in a prescription drug plan, if enrollment in the plan is suspended under section 1857(g)(3)(C), as applied under section 1860D-12(b)(3)(E), because of a failure of the plan to meet applicable requirements relating to marketing or provision of services, the special enrollment period shall be the period of such suspension of enrollment.''. SEC. 5. GAO STUDY ON ANTI-FRAUD AND ABUSE PROVISIONS AND SANCTIONS FOR MEDICARE PRESCRIPTION DRUG BENEFIT AND UNDER MA-PD PLANS. (a) Study.--Not later than November 15, 2007, the Comptroller General of the United States shall conduct a study-- (1) to identify and describe each anti-fraud and abuse provision (including intermediate sanctions relating to such provisions) that is applicable to an MA-PD plan under part C of title XVIII of the Social Security Act or a prescription drug plan under part D of such title; and (2) to assess the effectiveness of the provisions described in paragraph (1) and the overall compliance of MA-PD plans under part C of title XVIII of such Act and prescription drug plans under part D of such title with such provisions. (b) Report.--Not later than May 15, 2008, the Comptroller General of the United States shall submit a report to Congress of the results of the study under subsection (a).

Preventing Medicare Seniors from being Confused due to Abusive Marketing (Prevent Medicare SCAMs) Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) enhanced penalties for Medicare Advantage-Prescription Drug (MA-PD) plans and Medicare prescription drug plans that violate marketing requirements; and (2) public notification about plans that habitually receive intermediate sanctions. Permits Medicare beneficiaries enrolled under prescription drug plans suspended under this Act to enroll under other plans during the period of suspension. Directs the Comptroller General to study and report to Congress on each anti-fraud and abuse provision (including related intermediate sanctions) applicable to an MA-PD plan or a Medicare prescription drug plan, and assess its effectiveness and the overall compliance of such plans.

To amend title XVIII of the Social Security Act to provide broader and more informed protection to Medicare eligible individuals from abusive marketing practices of Medicare prescription drug plans and MA-PD plans to permit enrollees under Medicare prescription drug plans that have been sanctioned to elect to enroll under other plans.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicaid and CHIP Safety Net Preservation Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes; rule of construction. Sec. 3. Clarification that Section 1115 authority does not permit a cap on Federal financial participation. Sec. 4. Clarification that section 1115 authority does not permit elimination of, or modification limiting, individual entitlement. Sec. 5. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to EPSDT services. Sec. 6. Clarification that section 1115 authority does not permit elimination or modification of requirements relating to certain safety-net services. Sec. 7. Improvement of the process for the development and approval of medicaid and CHIP demonstration projects. Sec. 8. Effective date. SEC. 2. FINDINGS; PURPOSES; RULE OF CONSTRUCTION. (a) Findings.--Congress makes the following findings: (1) Certain requirements of titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) are central to the overall objectives of the medicaid and State children's health insurance programs and are not properly subject to waiver, modification, or disregard under the authority of section 1115 of the Social Security Act (42 U.S.C. 1315). (2) Some of the requirements of titles XIX and XXI of the Social Security Act that promote the overall objectives of the medicaid and State children's health insurance programs have been waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under such section 1115, despite the explicit requirement in that section that certain requirements of the medicaid and State children's health insurance programs only may be waived, modified, or disregarded for the purpose of approving an experimental, pilot, or demonstration project if the waiver, modification, or disregard ``is likely to assist in promoting the objectives'' of those programs. (b) Purposes.--The purposes of this Act are the following: (1) To clarify that certain requirements of titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.), which are among those critical to achieving the objectives of the medicaid and State children's health insurance programs, may not be waived, modified, or otherwise disregarded by the Secretary of Health and Human Services under the authority of section 1115 of the Social Security Act (42 U.S.C. 1315). (2) To ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of the Social Security Act (42 U.S.C. 1315) with respect to the medicaid and State children's health insurance programs for the purpose of approving experimental, pilot, or demonstration projects is not used inappropriately. (c) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to-- (1) authorize the waiver, modification, or other disregard of any provision of title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.); or (2) imply congressional approval of any demonstration project affecting the medicaid program under title XIX of the Social Security Act or the State children's health insurance program under title XXI of such Act that has been approved by the Secretary of Health and Human Services as of the date of enactment of this Act. SEC. 3. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT A CAP ON FEDERAL FINANCIAL PARTICIPATION. Title XIX of the Social Security Act is amended by inserting after section 1925 the following: ``clarifications of authority under section 1115 ``Sec. 1926. (a) Clarification That Section 1115 Authority Does not Permit a Cap on Federal Financial Participation.--The Secretary may not impose or approve under the authority of section 1115 a cap, limitation, or other restriction on payment under section 1903(a) to a State for amounts expended as medical assistance in accordance with the requirements of this title.''. SEC. 4. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT ELIMINATION OF, OR MODIFICATION LIMITING, INDIVIDUAL ENTITLEMENT. Section 1926 of the Social Security Act, as added by section 3, is amended by adding at the end the following: ``(b) Clarification That Section 1115 Authority Does not Permit Elimination of, or Modification Limiting, Individual Entitlement.--The Secretary may not approve or impose under the authority of section 1115 an elimination of, or modification limiting, the entitlement (established under section 1902(a), 1905(a), or otherwise) of an individual to receive any medical assistance for which Federal financial participation is claimed under this title.''. SEC. 5. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT ELIMINATION OR MODIFICATION OF REQUIREMENTS RELATING TO EPSDT SERVICES. Section 1926 of the Social Security Act, as added by section 3 and amended by section 4, is amended by adding at the end the following: ``(c) Clarification That Section 1115 Authority Does not Permit Elimination or Modification of Requirements Relating to EPSDT Services.--The Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in section 1905(a)(4)(B) (relating to early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r))) or of the requirements of subparagraphs (A) through (C) of section 1902(a)(43).''. SEC. 6. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT ELIMINATION OR MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN SAFETY-NET SERVICES. Section 1926 of the Social Security Act, as added by section 3 and amended by sections 4 and 5, is amended by adding at the end the following: ``(d) Clarification That Section 1115 Authority Does not Permit Elimination or Modification of Requirements Relating to Certain Safety- Net Services.--The Secretary may not impose or approve under the authority of section 1115 an elimination or modification of the amount, duration, or scope of the services described in subparagraphs (B) and (C) of section 1905(a)(2) (relating to services provided by a rural health clinic (as defined in section 1905(l)(1)) and services provided by a Federally-qualified health center (as defined in section 1905(l)(2))) or of the requirements of section 1902(bb) (relating to payment for such services).''. SEC. 7. IMPROVEMENT OF THE PROCESS FOR THE DEVELOPMENT AND APPROVAL OF MEDICAID AND CHIP DEMONSTRATION PROJECTS. Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended by inserting after subsection (c) the following: ``(d) In the case of any experimental, pilot, or demonstration project under subsection (a) to assist in promoting the objectives of title XIX or XXI in a State that would result in a substantive change in eligibility, enrollment, benefits, financing, or cost-sharing (to the extent permitted under section 1916(f)) with respect to a State program under title XIX or XXI (in this subsection referred to as a `demonstration project') the following shall apply: ``(1) The Secretary may not approve a proposal for a demonstration project, or for an amendment of a demonstration project, submitted by a State on or after the date of enactment of this subsection, unless the State requesting approval certifies that the State provided reasonable public notice and a reasonable opportunity for receipt and consideration of public comment on the proposal prior to submission of the proposal to the Secretary. Such notice shall include-- ``(A) the proposal; ``(B) the methodologies underlying the proposal; ``(C) the justifications for the proposal; ``(D) the State's projections regarding the likely effect and impact of the proposal on individuals eligible for assistance and providers or suppliers of items or services under title XIX or XXI (including under any demonstration project conducted in conjunction with either of those titles); and ``(E) the State's assumptions on which the projections described in subparagraph (D) are based. ``(2) With respect to any proposal for a demonstration project, or for an amendment or extension of a demonstration project, which has not been approved or disapproved by the Secretary as of the date of enactment of this subsection, the Secretary shall-- ``(A) provide public notice in the Federal Register and on the Internet website of the Centers for Medicare Medicaid Services of the proposal, any revisions of the proposal, and any conditions for the financing or approval of the proposal; ``(B) provide adequate opportunity for public comment on the proposal, any revisions of the proposal, and any such conditions; ``(C) approve such proposal, any revisions of the proposal, and any such conditions only if, after consideration of the public comments received, the Secretary determines that the proposal, any revisions of the proposal, and any such conditions are likely to assist in promoting the objectives of title XIX or XXI and identifies in writing the basis for such determination; and ``(D) publish on such website all documentation relating to the proposal (including the written determination required under subparagraph (C)), any revisions of the proposal, and any such conditions, including if the proposal, any revisions of the proposal, and any such conditions are approved-- ``(i) the final terms and conditions for the demonstration project; and ``(ii) a list identifying each provision of title XIX or XXI, and each regulation relating to either such title, with which compliance is waived, modified, or otherwise disregarded or for which costs that would otherwise not be permitted under such title will be allowed.''. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by sections 3 through 6 shall apply to the approval on or after the date of enactment of this Act of-- (1) a waiver, experimental, pilot, or demonstration project under section 1115 of the Social Security Act (42 U.S.C. 1315); and (2) an amendment or extension of such a project. (b) Exception.--The amendment made by section 5 shall not apply with respect to any extension of approval of a waiver, experimental, pilot, or demonstration project with respect to title XIX of the Social Security Act that was first approved before 1994 and that provides a comprehensive and preventive child health program under such project that includes screening, diagnosis, and treatment of children who have not attained age 21.

Medicaid and CHIP Safety Net Preservation Act of 2004 - Amends title XIX (Medicaid) of the Social Security Act (SSA) with respect to the authority of the Secretary of Health and Human Services to: (1) conduct research and demonstration projects under several programs, including Medicaid and SCHIP (State Children's Health Insurance) under SSA title XXI; and (2) waive certain statutory requirements for conducting these projects without congressional review. Prohibits the Secretary from imposing or approving under such authority: (1) a cap, limitation, or other restriction on payment to a State for amounts expended as medical assistance under the Medicaid program; (2) an elimination of, or modification limiting, the entitlement of an individual to receive any medical assistance for which Federal financial participation is claimed under Medicaid; (3) an elimination or modification of the amount, duration, or scope of early and periodic screening, diagnostic, and treatment services; or (4) an elimination or modification of the amount, duration, or scope of certain safety-net services, including those of a rural health clinic and a federally-qualified health center. Amends SSA title XI to establish public notice and comment requirements for States and the Secretary with respect to any State proposal for an experimental, pilot, or demonstration project (or project modification) to assist in promoting Medicaid or SCHIP objectives that would result in a substantive change in eligibility, enrollment, benefits, financing, or cost-sharing under a State program.

To amend titles XIX and XXI of the Social Security Act to clarify and ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of that Act is used solely to promote the objectives of the Medicaid and State children's health insurance programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Savings for Working Americans Act''. SEC. 2. MODIFICATION OF SAVER'S CREDIT. (a) Full Credit Amount Made as Payment Into Retirement Accounts.-- The Internal Revenue Code of 1986 is amended-- (1) by redesignating section 25B as section 30D, and by moving section 30D (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) to immediately after section 30C in subpart B of such part (relating to other credits), and (2) by amending subsection (g) of section 30D (as so redesignated) to read as follows: ``(g) Credit Payable Only Into Retirement Account.-- ``(1) In general.--The Secretary of the Treasury shall pay into the designated retirement account of the taxpayer an amount equal to the credit determined under subsection (a) for the taxable year. ``(2) Designated retirement account.--For purposes of this subsection, the term `designated retirement account' means any account or plan-- ``(A) with respect to which qualified retirement savings contributions of the taxpayer are taken into account under subsection (a) for the taxable year, ``(B) which is designated by the taxpayer (in such form and manner as the Secretary may provide) on the return of tax for the taxable year, and ``(C) which, under the terms of the account or plan, accepts the payment described in paragraph (1). ``(3) No double benefit.--The credit determined under subsection (a) shall not be allowed as a credit against any tax imposed by this title.''. (b) Expansion of Phaseout Ranges.--Subsection (b) of section 30D of such Code, as redesignated by this section, is amended to read as follows: ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage is 50 percent. ``(2) Phaseout.--With respect to any taxpayer for any taxable year, the applicable percentage shall be reduced (but not below zero) by the percentage which bears the same ratio to 50 percent as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) the phaseout range. If any reduction under this paragraph is not a multiple of 1 percent, such reduction shall be rounded to the nearest multiple of 1 percent. ``(3) Applicable dollar amount; phaseout range.--The applicable dollar amount and the phaseout range shall be determined in accordance with the following table: The phaseout In the case of: The applicable dollar amount is: range is: A joint return.................................. $60,000 $10,000 A head of a household........................... $45,000 $7,500 Any other case.................................. $30,000 $5,000''. (c) Tax-Preferred Education Savings Treated as Retirement Savings.--Subsection (d) of section 30D of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(3) Education savings account contributions treated as retirement savings.--Amounts contributed to qualified tuition programs under section 529 and amounts contributed to Coverdell education savings accounts under section 530 shall be treated as qualified retirement savings contributions (subject to any reduction under paragraph (2)).''. (d) Limitation on Retirement Contributions Taken Into Account Indexed for Inflation.--Section 30D of such Code, as redesignated by this section, is amended by adding at the end the following new subsection: ``(h) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2007, the dollar amounts in subsection (a) 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 `2006' for `1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (e) Conforming Amendments.-- (1) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B''. (2) Section 25(e)(1)(C) of such Code is amended by striking ``25B,''. (3) Sections 26(a)(1), 904(i), and 1400C(d) of such Code are each amended by striking ``24, and 25B'' and inserting ``and 24''. (4) The heading of section 30D of such Code, as redesignated by this section, is amended to read as follows: ``SEC. 30D. SAVER'S CREDIT.''. (5) Section 30D(a) of such Code, as so redesignated, is amended by striking ``there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year'' and inserting ``the credit determined under this subsection for the taxable year is''. (6) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (7) The table of sections for subpart B of such part is amended by adding at the end the following new item: ``Sec. 30D. Saver's credit.''. (8) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 30D'' after ``section 35''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Retirement Savings for Working Americans Act - Amends Internal Revenue Code provisions relating to the tax credit for retirement savings contributions (saver's credit) to: (1) require the Secretary of the Treasury to deposit saver's credit amounts directly into the designated retirement account of the taxpayer; (2) expand income eligibility levels for the saver's credit; (3) allow taxpayers that contribute to a qualified tuition program or a Coverdell education savings account to claim such contributions as retirement savings contributions; and (4) adjust the saver's credit maximum contribution amount for inflation beginning after 2007.

To amend the Internal Revenue Code of 1986 to modify the saver's credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wetlands and Green Space Preservation Assistance Act of 1993''. SEC. 2. SPECIAL VALUATION FOR SENSITIVE ENVIRONMENTAL AREAS. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by adding immediately after section 2032A the following new section: ``SEC. 2032B. VALUATION OF SENSITIVE ENVIRONMENTAL AREAS. ``(a) Value Based on Environmental Use.--If-- ``(1) the decedent was (at the time of his death) a citizen or resident of the United States, and ``(2) the executor elects the application of this section, then, for purposes of this chapter, the value of any interest in any sensitive environmental area in the gross estate of the decedent shall be its environmental use value. ``(b) Definitions; Special Rules.--For purposes of this section-- ``(1) In general.--The term `sensitive environmental area' means-- ``(A) any wetlands area (as defined by section 3(5) of the Emergency Wetlands Revenues Act of 1986 (16 U.S.C. 3902(5)), or ``(B) any other area of undeveloped natural condition or open space. ``(2) Environmental use value.--The term `environmental use value' means the value of the interest in a sensitive environmental area, subject to an environmental preservation easement. ``(3) Environmental preservation easement.-- ``(A) In general.--The term `environmental preservation easement' means, with respect to any sensitive environmental area included in the gross estate of the decedent, a preservation easement granted for a period of 10 years beginning on the date of death of the decedent. ``(B) Grantor.--Any environmental preservation easement may be granted by-- ``(i) the decedent (including by lifetime transfer), or ``(ii) the executor with the consent of the qualified heirs of the decedent. ``(C) Charitable deduction limitation.--No deduction shall be allowed under sections 170 or 2055 for a grant of an environmental preservation easement under subparagraph (B)(ii) of this paragraph. ``(4) Qualified heir.--The term `qualified heir' means, with respect to any interest in any sensitive environmental area-- ``(A) the estate of the decedent, or ``(B) any person who acquires such interest (or to whom such interest passes) from the decedent. ``(c) Recapture of Tax on Failure to Maintain Easement.-- ``(1) Imposition of additional estate tax.--If, after the death of the decedent, a qualified heir of the decedent fails to maintain an environmental preservation easement in a sensitive environmental area, then there is hereby imposed an additional estate tax. ``(2) Amount of additional tax.-- ``(A) In general.--The amount of the additional tax imposed by paragraph (1) with respect to any interest in any sensitive environmental area shall be the amount equal to the greater of-- ``(i) the adjusted tax difference attributable to such interest, or ``(ii) the excess of the amount realized with respect to the interest (or, in any case other than a sale or exchange at arm's length, the fair market value of the interest) over the environmental use value of the interest. ``(B) Adjusted tax difference attributable to interest.--For purposes of subparagraph (A), the adjusted tax difference attributable to an interest is the amount which bears the same ratio to the adjusted tax difference with respect to the estate (determined under subparagraph (C)) as-- ``(i) the excess of the value of such interest for purposes of this chapter (determined without regard to its environmental use value) over the environmental use value of such interest, bears to ``(ii) a similar excess determined for all sensitive environmental areas in such estate. ``(C) Adjusted tax difference with respect to the estate.--For purposes of subparagraph (B), the term `adjusted tax difference with respect to the estate' means the excess of what would have been the estate tax liability, but for subsection (a), over the estate tax liability. For purposes of this subparagraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(3) Due date.--The additional tax imposed by this subsection shall become due and payable on the day which is 6 months after the date of the failure referred to in paragraph (1). ``(4) Liability for tax: furnishing of bond.--The qualified heir receiving an interest for which an election under subsection (a) has been made shall be personally liable for the additional tax imposed by this subsection with respect to his interest unless such heir has furnished bond which meets the requirements of paragraph (5). ``(5) Bond in lieu of personal liability.--If a qualified heir makes written application to the Secretary for determination of the maximum amount of the additional tax which may be imposed by this subsection with respect to such heir's interest, the Secretary (as soon as possible, and in any event within 1 year after the making of such application) shall notify such heir of such maximum amount. The qualified heir, on furnishing a bond in such amount and for such period as may be required, shall be discharged from personal liability for any additional tax imposed by this subsection and shall be entitled to a receipt or writing showing such discharge. ``(d) Election.--The election under this section shall be made not later than the time prescribed by section 607(a) for filing the return of tax imposed by section 2001 (including extension thereof), and shall be made in such manner as the Secretary shall by regulations prescribe. Such election once made shall be irrevocable. ``(e) Statute of Limitations.--If there is a failure to maintain an environmental preservation easement in a sensitive environmental area as described in subsection (c), then-- ``(1) the statutory period for the assessment of any additional tax under subsection (c) attributable to such failure shall not expire before the expiration of 3 years from the date the Secretary is notified (in such manner as the Secretary may by regulations prescribe) of such failure, and ``(2) such additional tax may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.'' (b) Conforming Amendments.-- (1) Subsection (l) of section 170 of such Code (relating to disallowance of charitable deductions in certain cases) is amended by adding at the end thereof the following new paragraph: ``For disallowance of deductions for certain contributions of environmental preservation easements, see section 2032B(b)(3)(C).'' (2) Paragraph (3) of section 1014(a) of such Code (relating to basis of property acquired from a decedent) is amended by inserting ``or section 2032B'' after ``section 2032A''. (3) Subsection (c) of section 1016 of such Code (relating to increase in basis of property on which additional estate tax is imposed) is amended-- (A) by inserting ``or section 2032B(c)(1)'' after ``section 2032A(c)(1)'' each place it appears in paragraphs (1), (3), and (5)(B), (B) by inserting ``or section 2032B'' after ``2032A'' in paragraph (1)(A), (C) by striking ``section 2032A(a)'' in paragraph (1)(B) and inserting ``subsection (a) of the section under which such additional estate tax is imposed''. (4) Section 1040 of such Code (relating to transfer of certain farm, etc., real property) is amended-- (A) by inserting ``or section 2032B(b)(4)'' after ``section 2032A(e)(1)'' in subsection (a), (B) by inserting ``or section 2032B'' after ``under section 2032A'' each place it appears therein, (C) by striking ``to section 2032A'' and inserting ``to sections 2032A and 2032B'' in subsection (a), and (D) by striking ``farm, etc., real'' in the heading and inserting ``special valuation''. (5) Subparagraph (C) of section 1223(12) of such Code (relating to holding period of property) is amended by inserting ``or section 2032B(b)(4)''. (6) Subsection (f) of section 2013 of such Code (relating to treatment of additional estate tax imposed) is amended-- (A) by inserting ``or section 2032B(c)'' after ``section 2032A(c)'' each place it appears, (B) by inserting ``or section 2032B'' after ``If section 2032A'', (C) by striking ``as if section 2032A'' in paragraph (2) and inserting ``as if sections 2032A and 2032B'', and (D) by inserting ``or Section 2032B'' after ``Section 2032A'' in the caption thereof. (7) Subsection (e) of section 2055 of such Code (relating to disallowance of deduction for transfers for public, charitable, and religious uses in certain cases) is amended by adding at the end thereof the following new paragraph: ``(5) No deduction shall be allowed under this section for a transfer described under paragraph (3)(B) of section 2032B(b).'' (8) Section 2624(b) of such Code (relating to valuation in generation-skipping transfers) is amended by striking ``2032 and 2032A'' and inserting ``2032, 2032A, and 2032B''. (9) Section 2663(1) of such Code (relating to regulations for generation-skipping transfers) is amended by striking ``section 2032A(c)'' and inserting ``sections 2032A(c) and 2032B(c)''. (10) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting immediately after the item relating to section 2032A the following: ``Sec. 2032B. Special valuation for sensitive environmental areas.''. (11) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by striking ``farm, etc., real'' in the item relating to section 1040 and inserting ``special valuation''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Wetlands and Green Space Preservation Assistance Act of 1993 - Amends the Internal Revenue Code to provide for determining the environmental use value of sensitive environmental areas for estate tax purposes. Requires the estate to grant an environmental preservation easement for a period of ten years after the death of the decedent. Imposes an additional estate tax if an heir fails to maintain the easement.

Wetlands and Green Space Preservation Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection Amendments Act of 2000''. SEC. 2. RELATIONSHIP TO STATE STATUTES. The amendments made by this Act shall not affect the validity of any State statute dealing with criminal history background checks of care providers enacted in compliance with Public Law 92-544 before, on, or after the date of enactment of this Act. SEC. 3. FACILITATION OF BACKGROUND CHECKS. (a) In General.--Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) is amended to read as follows: ``SEC. 3. FACILITATION OF BACKGROUND CHECKS. ``(a) In General.-- ``(1) Background checks.--A qualified entity designated by a State may contact an authorized agency of the State to obtain a fingerprint-based national criminal history background check (referred to in this section as a `background check') of a provider who provides care to children, the elderly, or individuals with disabilities (referred to in this section as a `provider'). ``(2) Procedures.-- ``(A) Submission.--A request for background check pursuant to this section shall be submitted through a State criminal history record repository. ``(B) Duties of repository.--After receipt of a request under subparagraph (A), the State criminal history record repository shall-- ``(i) conduct a search of the State criminal history record system and, if necessary, forward the request, together with the fingerprints of the provider, to the Federal Bureau of Investigation; and ``(ii) make a reasonable effort to respond to the qualified entity within 15 business days after the date on which the request is submitted. ``(3) National crime prevention and privacy compact.--Each background check pursuant to this section shall be conducted pursuant to the National Crime Prevention and Privacy Compact. ``(b) Guidelines.-- ``(1) In general.--In order to conduct background checks pursuant to this section, a State shall-- ``(A) establish or designate 1 or more authorized agencies to perform the duties required by this section, including the designation of qualified entities; and ``(B) establish the procedures described in paragraph (2). ``(2) Procedures.--The procedures described in this paragraph are procedures that require-- ``(A) a qualified entity that requests a background check pursuant to this section to forward to the authorized agency the fingerprints of the provider and to obtain a statement completed and signed by the provider that-- ``(i) sets out the name, address, and date of birth of the provider appearing on a valid identification document (as defined in section 1028 of title 18, United States Code); ``(ii) states whether the provider has a criminal history record and, if so, sets out the particulars of such record; ``(iii) notifies the provider that the qualified entity may request a background check and that the signature of the provider to the statement constitutes an acknowledgement that such a check may be conducted and explains the uses and disclosures that may be made of the results of the background check; ``(iv) notifies the provider that pending the completion of the background check the provider may be denied unsupervised access to children, the elderly, or disabled persons with respect to which the provider intends to provide care; and ``(v) notifies the provider of the rights of the provider under subparagraph (B); ``(B) that each provider who is the subject of a background check pursuant to this section be provided with an opportunity to contact the authorized agency and initiate a process to-- ``(i) obtain a copy of the criminal history record; and ``(ii) file a challenge with the authorized agency, but only as to the accuracy and completeness of the criminal history record information in the report, and obtain a prompt determination of the challenge before a final adverse fitness determination is made on the basis of the criminal history record information in the report; ``(C) an authorized agency that receives a criminal history record report that lacks disposition information to conduct research in available State and local recordkeeping systems to obtain complete information, to the extent possible considering available personnel and resources; ``(D) the authorized agency to either-- ``(i) make a determination regarding whether the criminal history record information received in response to the background check indicates that the provider has a criminal history record that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities and convey that determination to the qualified entity; or ``(ii) provide some or all of such criminal history record information to the qualified entity for use by the qualified entity in making a fitness determination concerning the provider; and ``(E) a qualified entity that receives criminal history record information concerning a provider in response to a background check pursuant to this section to-- ``(i) adhere to a standard of reasonable care concerning the security and confidentiality of the information and the privacy rights of the provider; and ``(ii) require the qualified entity to make a copy of the criminal history record available, upon request, to the provider, and prohibit such entity from retaining criminal history record information for any period longer than necessary for a final fitness determination. ``(3) Retention of information.--The statement required under paragraph (2)(A)-- ``(A) may be forwarded by the qualified entity to the authorized agency or retained by the qualified entity; and ``(B) shall be retained by such agency or entity, as appropriate, for not less than 1 year. ``(c) Guidance by the Attorney General.--The Attorney General shall-- ``(1) to the maximum extent practicable, encourage the use of the best technology available in conducting background checks pursuant to this section; and ``(2) provide guidance to the States concerning the voluntary adoption by the States of standards to guide authorized agencies and qualified entities in making fitness determinations concerning providers based upon criminal history record information. ``(d) Penalty.--Any officer, employee, or authorized representative of a qualified entity who knowingly and willfully-- ``(1) requests or obtains any criminal history record information pursuant to this section under false pretenses; or ``(2) uses criminal history record information for a purpose not authorized by this section, shall be guilty of a misdemeanor and fined not more than $5,000. ``(e) Limitations on Liability.-- ``(1) Liability of qualified entities.-- ``(A) Failure to request background check.--A qualified entity shall not be liable in an action for damages solely for the failure of such entity to request a background check on a provider. ``(B) Willful violations.--A qualified entity shall not be liable in an action for damages for violating any provision of this section, unless such violation is knowing and willful. ``(C) Reasonable care standard.--A qualified entity that exercises reasonable care for the security, confidentiality, and privacy of criminal history record information received in response to a background check pursuant to this section shall not be liable in an action for damages. ``(2) Liability of governmental entities.--A State or political subdivision thereof, or any agency, officer, or employee thereof, shall not be liable in an action for damages for the failure of a qualified entity (other than itself) to take action adverse with respect to a provider who was the subject of a background check. ``(3) Reliance on information.--An authorized agency or a qualified entity that reasonably relies on criminal history record information received in response to a background check pursuant to this section shall not be liable in an action for damages based upon the inaccuracy or incompleteness of the information. ``(f) Fees.-- ``(1) Limitation.--In the case of a background check pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a person who volunteers with a qualified entity, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed $18, respectively, or the actual cost, whichever is less, of the background check conducted with fingerprints. ``(2) State fee systems.--The States shall establish fee systems that ensure that fees to nonprofit entities for background checks do not discourage volunteers from participating in child care programs. ``(3) Authority of federal bureau of investigation.--This subsection shall not affect the authority of the Federal Bureau of Investigation or the States to collect fees for conducting background checks of persons who are employed as or apply for positions as paid care providers.''. (b) Authorization of Appropriations; Conforming Amendments.-- Section 4 of the National Child Protection Act of 1993 (42 U.S.C. 5119b) is amended-- (1) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and (2) in subsection (a), as redesignated-- (A) in paragraph (1)-- (i) in each of subparagraphs (C) and (D), by striking ``national criminal history background check system'' and inserting ``criminal history record repository''; and (ii) by striking subparagraph (E) and inserting the following: ``(E) to assist the State in offsetting the costs to qualified entities of background checks under section 3 on volunteer providers.''; and (B) by striking paragraph (2) and inserting the following: ``(2) Authorization of appropriations.--There are authorized to be appropriated for grants under paragraph (1)-- ``(A) $80,000,000 for fiscal year 2001; and ``(B) such sums as may be necessary for each of fiscal years 2002 through 2005.''. SEC. 4. DEFINITIONS. Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c) is amended-- (1) by striking paragraph (8); (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (3) by inserting after paragraph (5) the following: ``(6) the term `criminal history record repository' means the State agency designated by the Governor or other executive official of a State, or by the legislature of a State, to perform centralized recordkeeping functions for criminal history records and services in the State;''; and (4) in paragraph (9)-- (A) in subparagraph (A)(iii)-- (i) by inserting ``or to an elderly person or person with a disability'' after ``to a child''; and (ii) by striking ``child care'' and inserting ``care''; and (B) in subparagraph (B)(iii)-- (i) by inserting ``or to an elderly person or person with a disability'' after ``to a child''; and (ii) by striking ``child care'' and inserting ``care''.

Directs the Attorney General to provide guidance to authorized agencies and qualified entities in making provider fitness determinations based upon criminal history information. Provides criminal penalties for the unauthorized request or use of such information by a qualified entity.

National Child Protection Amendments Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``America Realizing the Informational Skills and Initiative of New Graduates Act of 2017'' or ``America RISING Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Bureau of Labor Statistics, in 2012 the national unemployment rate for individuals ages 25 years and older with a bachelor's degree was 4.5 percent and 6.2 percent for individuals with an associate's degree. For college graduates ages 18 to 25 the national unemployment rate in 2012 was higher at 7.7 percent. Because the typical college graduates leaves college owing an average of $29,400 in student loan debt, a rate that has increased 6 percent every year since 2008, the current job market offers exceedingly few opportunities for such graduates to obtain employment at a salary adequate to service their college loan debt. (2) There are more than 26 million small businesses in the United States. In the current economic climate, these small businesses are experiencing difficulty in finding the resources needed to increase sales, modernize operations, and hire new employees. (3) Recent college graduates need the experience that can be obtained only in the workplace to refine their skills and develop the entrepreneurial qualities that can lead to the creation of new businesses and jobs. (4) Existing small businesses and companies will benefit from the information and technology skills possessed by many of the Nation's recent college graduates. (5) Enabling recent college graduates to obtain employment with small businesses benefits the national economy by providing such businesses the human capital and technical expertise needed to compete and win in the global economy of the 21st century. SEC. 3. ESTABLISHMENT OF AMERICA RISING PROGRAM. (a) Establishment.--The Secretary of Labor and the Secretary of Education shall, jointly, establish a program under which-- (1) grants are paid to eligible employers to defray the cost of compensation paid by such employers to recent college graduates; and (2) grants are paid to recent college graduates to enable such graduates to defray the cost of undertaking further postsecondary courses at an institution of higher education for up to 24 months in subjects relating to mathematics, science, engineering, or technology. (b) Terms and Conditions.-- (1) In general.--A grant under this section may be made on such terms and conditions as the Secretary may determine. (2) Deferral of federal student loan obligations.--Each recent college graduate participating in the program under this section (by benefitting from a grant awarded under paragraph (1), or receiving a grant under paragraph (2), of subsection (a)) may defer payment on Federal student loans made to the graduate under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for the period of the graduate's participation in the program. (3) Grants to eligible employers.--With respect to a grant awarded under subsection (a)(1)-- (A) an eligible employer-- (i) may use the grant to defray the cost of compensation for not more than 2 recent college graduates; and (ii) shall provide a compensation amount to each recent college graduate participating in the program that is equal to or greater than the grant amount received by the employer for the graduate; and (B) the Secretary may not award an eligible employer more than $25,000 per recent college graduate. (4) Grants to recent college graduates.--With respect to a grant awarded under subsection (a)(2) to a recent college graduate, the graduate shall be eligible to receive Federal student aid under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) without regard to whether the graduate has been or is delinquent on any Federal student loans made to the graduate under such title IV (20 U.S.C. 1070 et seq.). (c) Definitions.--In this section: (1) Eligible employer.--The term ``eligible employer'' means an employer that-- (A) is a small business concern; or (B) is a major corporation that has an operation located in-- (i) an enterprise zone; or (ii) an area in which, according to the most recent data available, the unemployment rate exceeds the national average unemployment rate by more than two percentage points. (2) Enterprise zone.--The term ``enterprise zone'' has the meaning given the term ``HUBzone'' in section 3 of the Small Business Act (15 U.S.C. 632). (3) Institution of higher education.--Except as provided in paragraph (3)(B), the term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Major corporation.--The term ``major corporation'' means an employer that earns an annual revenue of not less than $5,000,000 and employs not less than 50 employees. (5) Recent college graduate.-- (A) In general.--The term ``recent college graduate'' means an individual-- (i) who has received a baccalaureate or associate degree from an institution of higher education on or after the date that is 24 months before the grant benefitting the graduate is awarded under this section; and (ii) who has not previously received any such baccalaureate or associate degree. (B) Institution of higher education.--In subparagraph (A), the term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (6) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632). (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this Act $100,000,000 for each of the fiscal years 2018, 2019, and 2020. (2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended.

America Realizing the Informational Skills and Initiative of New Graduates Act of 2017 or America RISING Act of 2017 This bill directs the Department of Labor and the Department of Health and Human Services to jointly establish a grant program to defray the costs paid by: (1) employers to compensate recent college graduates; and (2) recent college graduates to enroll in postsecondary education courses in mathematics, science, engineering, or technology.

America Realizing the Informational Skills and Initiative of New Graduates Act of 2017

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Budget Control Act of 1994''. (b) Purpose.--The purpose of this Act is to create a mechanism to monitor total costs of direct spending programs, and, in the event that actual or projected costs exceed targeted levels, to require the President and Congress to address adjustments in direct spending. SEC. 2. ESTABLISHMENT OF DIRECT SPENDING TARGETS. (a) In General.--The initial direct spending targets for each of fiscal years 1994 through 1997 shall equal total outlays for all direct spending except net interest and deposit insurance as determined by the Director of the Office of Management and Budget (hereinafter referred to in this Act as the ``Director'') under subsection (b). (b) Initial Report by Director.-- (1) Not later than 30 days after the date of enactment of this Act, the Director shall submit a report to Congress setting forth projected direct spending targets for each of fiscal years 1994 through 1997. (2) The Director's projections shall be based on legislation enacted as of 5 days before the report is submitted under paragraph (1). To the extent feasible, the Director shall use the same economic and technical assumptions used in preparing the concurrent resolution on the budget for fiscal year 1994 (H. Con. Res. 64, One Hundred Third Congress). (c) Adjustments.--Direct spending targets shall be subsequently adjusted by the Director under section 6. SEC. 3. ANNUAL REVIEW OF DIRECT SPENDING AND RECEIPTS BY PRESIDENT. As part of each budget submitted under section 1105(a) of title 31, United States Code, the President shall provide an annual review of direct spending and receipts, which shall include (1) information supporting the adjustment of direct spending targets pursuant to section 6, (2) information on total outlays for programs covered by the direct spending targets, including actual outlays for the prior fiscal year and projected outlays for the current fiscal year and the 5 succeeding fiscal years, and (3) information on the major categories of Federal receipts, including a comparison between the levels of those receipts and the levels projected as of the date of enactment of this Act. SEC. 4. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT. (a) Trigger.--In the event that the information submitted by the President under section 3 indicates-- (1) that actual outlays for direct spending in the prior fiscal year exceeded the applicable direct spending target, or (2) that outlays for direct spending for the current or budget year are projected to exceed the applicable direct spending targets, the President shall include in his budget a special direct spending message meeting the requirements of subsection (b). (b) Contents.--(1) The special direct spending message shall include: (A) An explanation of any adjustments to the direct spending targets pursuant to section 6. (B) An analysis of the variance in direct spending over the adjusted direct spending targets. (C) The President's recommendations for addressing the direct spending overages, if any, in the prior, current, or budget year. (2) The President's recommendations may consist of any of the following: (A) Proposed legislative changes to reduce outlays, increase revenues, or both, in order to recoup or eliminate the overage for the prior, current, and budget years in the current year, the budget year, and the 4 outyears. (B) Proposed legislative changes to reduce outlays, increase revenues, or both, in order to recoup or eliminate part of the overage for the prior, current, and budget year in the current year, the budget year, and the 4 outyears, accompanied by a finding by the President that, because of economic conditions or for other specified reasons, only some of the overage should be recouped or eliminated by outlay reductions or revenue increases, or both. (C) A proposal to make no legislative changes to recoup or eliminate any overage, accompanied by a finding by the President that, because of economic conditions or for other specified reasons, no legislative changes are warranted. (3) Except as provided by paragraph (4), any proposed legislative change under paragraph (2) to reduce outlays may include reductions in direct spending or in the discretionary spending limits under section 601 of the Congressional Budget Act of 1974. (4) The President's recommendations may not consist of any proposed legislative changes under the old-age, survivors, and disability insurance program established under title II of the Social Security Act. (c) Proposed Special Direct Spending Resolution.-- (1) President's recommendations to be submitted as draft resolution.--If the President recommends reductions consistent with subsection (b)(2)(A) or (B), the special direct spending message shall include the text of a special direct spending resolution implementing the President's recommendations through reconciliation directives instructing the appropriate committees of the House of Representatives and Senate to determine and recommend changes in laws within their jurisdictions to reduce outlays or increase revenues by specified amounts. If the President recommends no reductions pursuant to (b)(2)(C), the special direct spending message shall include the text of a special resolution concurring in the President's recommendation of no legislative action. (2) Resolution to be introduced in house.--Within 10 days after the President's special direct spending message is submitted, the text required by paragraph (1) shall be introduced as a concurrent resolution in the House of Representatives by the chairman of the Committee on the Budget of the House of Representatives without substantive revision. If the chairman fails to do so, after the tenth day the resolution may be introduced by any Member of the House of Representatives. A concurrent resolution introduced under this paragraph shall be referred to the Committee on the Budget. SEC. 5. REQUIRED RESPONSE BY CONGRESS. (a) Requirement for Special Direct Spending Resolution.--Whenever the President submits a special direct spending message under section 4, the Committee on the Budget of the House of Representatives shall report, not later than April 15, the concurrent resolution on the budget and include in it a separate title that meets the requirements of subsections (b) and (c). (b) Contents of Separate Title.--The separate title of the concurrent resolution on the budget shall contain reconciliation directives to the appropriate committees of the House of Representatives and Senate to determine and recommend changes in laws within their jurisdictions to reduce outlays or increase revenues by specified amounts (which in total equal or exceed the reductions recommended by the President, up to the amount of the overage). If this separate title recommends that no legislative changes be made to recoup or eliminate an overage, then a statement to that effect shall be set forth in that title. (c) Requirement for Separate Vote to Increase Targets.--If the separate title of a concurrent resolution on the budget proposes to recoup or eliminate less than the entire overage for the prior, current, and budget years, then the Committee on the Budget of the House of Representatives shall report a resolution directing the Committee on Government Operations to report legislation increasing the direct spending targets for each applicable year by the full amount of the overage not recouped or eliminated. It shall not be in order in the House of Representatives to consider that concurrent resolution on the budget until the House of Representatives has agreed to the resolution directing the increase in direct spending targets. (d) Conference Reports Must Fully Address Overage.--It shall not be in order in the House of Representatives to consider a conference report on a concurrent resolution on the budget unless that conference report fully addresses the entirety of any overage contained in the applicable report of the President under section 4 through reconciliation directives requiring spending reductions, revenue increases, or changes in the direct spending targets. (e) Procedure if House Budget Committee Fails to Report Required Resolution.-- (1) Automatic discharge of house budget committee.--If a special direct spending resolution is required and the Committee on the Budget of the House of Representatives fails to report a resolution meeting the requirements of subsections (b) and (c) by April 15, then the committee shall be automatically discharged from further consideration of the concurrent resolution reflecting the President's recommendations introduced pursuant to section 4(c)(2) and the concurrent resolution shall be placed on the appropriate calendar. (2) Consideration by house.--Ten days after the Committee on the Budget of the House of Representatives has been discharged under paragraph (1), any Member may move that the House proceed to consider the resolution. Such motion shall be highly privileged and not debatable. (f) Application of Congressional Budget Act.--To the extent that they are relevant and not inconsistent with this Act, the provisions of title III of the Congressional Budget Act of 1974 shall apply in the House of Representatives and the Senate to special direct spending resolutions, resolutions increasing targets under subsection (c), and reconciliation legislation reported pursuant to directives contained in those resolutions. (g) Limitation on Changes to the Social Security Act.-- Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304 or reconciliation legislation reported pursuant to directives contained in any special direct spending resolution, or any amendment thereto or conference report thereon, that contains recommendations to make any legislative changes under the old-age, survivors, and disability insurance program established under title II of the Social Security Act. SEC. 6. ADJUSTMENTS TO DIRECT SPENDING TARGETS. (a) Required Annual Adjustments.--Prior to the submission of the President's budget for each of fiscal years 1994 through 1997, the Director shall adjust the direct spending targets in accordance with this section. Any such adjustments shall be reflected in the targets used in the President's report under section 3 and message (if any) under section 4. (b) Adjustment for Increases in Beneficiaries.--(1) The Director shall adjust the direct spending targets for increases (if any) in actual or projected numbers of beneficiaries under direct spending programs for which the number of beneficiaries is a variable in determining costs. (2) The adjustment shall be made by -- (A) computing, for each program under paragraph (1), the percentage change between (i) the annual average number of beneficiaries under that program (including actual numbers of beneficiaries for the prior fiscal year and projections for the budget and subsequent fiscal years) to be used in the President's budget with which the adjustments will be submitted, and (ii) the annual average number of beneficiaries used in the adjustments made by the Director in the previous year (or, in the case of adjustments made in 1994, the annual average number of beneficiaries used in the Director's initial report under section 2(b)); (B) applying the percentages computed under subparagraph (A) to the projected levels of outlays for each program consistent with the direct spending targets in effect immediately prior to the adjustment; and (C) adding the results of the calculations required by subparagraph (B) to the direct spending targets in effect immediately prior to the adjustment. (3) No adjustment shall be made for any program for a fiscal year in which the percentage increase computed under paragraph (2)(A) is less than or equal to zero. (c) Adjustments for Revenue Legislation.--(1) The Director shall adjust the targets as follows-- (A) they shall be increased by the amount of any increase in receipts; or (B) they shall be decreased by the amount of any decrease in receipts, resulting from receipts legislation enacted after the date of enactment of this Act, except legislation enacted under section 5. (d) Adjustments to Reflect Congressional Decisions.--Upon enactment of a reconciliation bill pursuant to instructions under section 5, the Director shall adjust direct spending targets for the current year, the budget year, and each outyear through 1997 by-- (1) increasing the target for the current year and the budget year by the amount stated for that year in that reconciliation bill (but if a separate vote was required by section 5(c), only if that vote has occurred); and (2) decreasing the target for the current, budget, and outyears through 1997 by the amount of reductions in direct spending enacted in that reconciliation bill. (e) Designated Emergencies.--The Director shall adjust the targets to reflect the costs of legislation that is designated as an emergency by Congress and the President under section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 7. RELATIONSHIP TO BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT. Reductions in outlays or increases in receipts resulting from legislation reported pursuant to section 5 shall not be taken into account for purposes of any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 8. ESTIMATING MARGIN. For any fiscal year for which the overage is less than one-half of 1 percent of the direct spending target for that year, the procedures set forth in sections 4 and 5 shall not apply. SEC. 9. CONSIDERATION OF APPROPRIATION BILLS. (a) Point of Order.--It shall not be in order in the House of Representatives to consider any general appropriation bill if the President has submitted a direct spending message under section 4 until Congress has adopted a concurrent resolution on the budget for the budget year that meets the requirements of section 5. (b) Waiver.--The point of order established by subsection (a) may only be waived for all general appropriation bills for that budget year through the adoption of one resolution waiving that point of order. SEC. 10. MEANS-TESTED PROGRAMS. In making recommendations under sections 4 and 5, the President and the Congress should seriously consider all other alternatives before proposing reductions in means-tested programs. SEC. 11. EFFECTIVE DATE. This Act shall apply to direct spending targets for fiscal years 1994 through 1997 and shall expire at the end of fiscal year 1997. Passed the House of Representatives July 21, 1994. Attest: Clerk. 103d CONGRESS 2d Session H. R. 4604 _______________________________________________________________________ AN ACT To establish direct spending targets, and for other purposes.

Budget Control Act of 1994 - Directs the Director of the Office of Management and Budget (OMB) to submit a report to the Congress setting forth projected direct spending targets for FY 1994 through 1997. Makes the initial targets equal to the total outlays for all direct spending (except net interest and deposit insurance) as determined above by OMB, subject to annual adjustment for increases in numbers of direct spending program beneficiaries, and for revenue and emergency legislation. Requires an annual review of direct spending and receipts by the President as part of the budget process. Specifies the information to be included in the President's budget, such as information on target adjustments, and, in appropriate cases such as where direct spending outlays for the current year are projected to exceed applicable targets, a special direct spending message that includes a draft resolution recommending reduced outlays or increased revenues by specified amounts. Sets forth procedures governing congressional consideration of such recommendations (which may not consist of any proposed changes under the Old Age, Survivors and Disability Insurance Program), including: (1) requirements for a separate vote in the House of Representatives to increase direct spending targets; and (2) special rules regarding the applicability of budget process and enforcement provisions of the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) whenever budget resolutions or reconciliation legislation proposing target changes, outlay reductions, or revenue increases are reported. States that: (1) the procedures set forth in this Act shall not apply when the coverage for any fiscal year is less than one-half of one percent of the direct spending target for that year; and (2) the President and the Congress should seriously consider all other alternatives before recommending reductions in means-tested programs. Declares it shall not be in order in the House to consider any general appropriation bill if the President has submitted a special direct spending message until the Congress has adopted a concurrent budget resolution meeting the requirements of this Act.

Budget Control Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training the Next Generation of Primary Care Doctors Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The program of payments to teaching health centers for graduate medical education under section 340H of the Public Health Service Act (42 U.S.C. 256h) was enacted in 2010 to address the crisis-level shortage of primary care physicians, especially in rural and medically underserved communities. (2) Teaching health center residents and faculty will provide more than one million primary care medical visits in 2017 to underserved communities. (3) When compared with traditional Medicare GME residents, residents who train at teaching health centers are more likely to practice primary care and remain in underserved or rural communities. (4) The teaching health center program not only plays a vital role in training the Nation's next generation of primary care physicians (including dentists), but helps bridge the Nation's physician shortfall. (5) For these reasons, it is of vital importance to continue the program under section 340H of the Public Health Service Act (42 U.S.C. 256h) at a sustainable level of funding per full-time equivalent resident, as recommended in the fact sheet of the Health Resources and Services Administration entitled ``Cost Estimates for Training Residents in a Teaching Health Center''. SEC. 3. REAUTHORIZATION OF PROGRAM OF PAYMENTS TO TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.--Subsection (a) of section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended to read as follows: ``(a) Payments.-- ``(1) In general.--Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for-- ``(A) maintenance of existing approved graduate medical residency training programs; ``(B) expansion of existing approved graduate medical residency training programs; and ``(C) establishment of new approved graduate medical residency training programs. ``(2) New programs.-- ``(A) Payments.--The Secretary shall make payments under paragraph (1)(C)-- ``(i) for fiscal year 2019, for a total of up to 60 full-time equivalent residents at new approved graduate medical residency programs; and ``(ii) for fiscal year 2020, for a total of up to 120 full-time equivalent residents at new approved graduate medical residency programs. ``(B) Priority.--Subject to subparagraph (C), in making payments pursuant to paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that-- ``(i) serve a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or ``(ii) are located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act). ``(C) Limitations.--The number of full-time equivalent residents for which a qualified teaching health center receives payments pursuant to paragraph (1)(C) for a fiscal year shall not exceed by more than 6 the number of full-time equivalent residents for which the center received such payments for the preceding fiscal year. The total number of full-time equivalent residents at all qualified teaching health centers for which payments are made by the Secretary under subparagraphs (A) and (B) of subsection (a)(1) shall not exceed the total number of full-time equivalent residents at all qualified teaching health centers for which payments were made by the Secretary as of January 1, 2017, pursuant to this section.''. (b) Funding.--Subsection (g) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended to read as follows: ``(g) Funding.-- ``(1) Existing programs.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for payments under subparagraphs (A) and (B) of subsection (a)(1) $116,500,000 for each of fiscal years 2018, 2019, and 2020, to remain available until expended. ``(2) Incentive for new programs.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for payments under subsection (a)(1)(C), $10,000,000 for fiscal year 2019 and $19,000,000 for fiscal year 2020, to remain available until expended. ``(3) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.''. (c) Annual Reporting.--Paragraph (1) of subsection (h) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended-- (1) by redesignating subparagraph (D) as subparagraph (H); and (2) by inserting after subparagraph (C) the following: ``(D) The number of patients treated by residents described in paragraph (4). ``(E) The number of visits by patients treated by residents described in paragraph (4). ``(F) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents entering primary care practice (meaning any of the areas of practice listed in the definition of a primary care residency program in section 749A). ``(G) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents who entered practice at a health care facility-- ``(i) primarily serving a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or ``(ii) located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).''. (d) Report on Training Costs.--Not later than March 31, 2020, the Secretary of Health and Human Services shall submit to the Congress a report on the direct graduate expenses of approved graduate medical residency training programs, and the indirect expenses associated with the additional costs of teaching residents, of qualified teaching health centers (as such terms are used or defined in section 340H of the Public Health Service Act (42 U.S.C. 256h)). (e) Definition.--Subsection (j) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) New approved graduate medical residency training program.--The term `new approved graduate medical residency training program' means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).''. (f) Technical Corrections.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) in subsection (f) of the first section 340H (42 U.S.C. 256h), by striking ``hospital'' each place it appears and inserting ``teaching health center''; (2) by redesignating the second subpart XI (relating to a community-based collaborative care network program) as subpart XII; and (3) by redesignating the second section 340H (42 U.S.C. 256i) as section 340I. (g) Payments for Previous Fiscal Years.--The provisions of the first section 340H of the Public Health Service Act (42 U.S.C. 256h), as in effect on the day before the date of enactment of this Act, shall continue to apply with respect to payments under such section for fiscal years before fiscal year 2018.

Training the Next Generation of Primary Care Doctors Act of 2017 This bill amends the Public Health Service Act to extend and expand funding through FY2020 for graduate medical education programs at teaching centers (which train medical residents in primary care specialties). The bill allows funds to be used for maintaining, expanding, and establishing graduate medical residency programs.

Training the Next Generation of Primary Care Doctors Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Core Opportunity Resources for Equity and Excellence Act of 2014''. SEC. 2. STATE AND SCHOOL DISTRICT ACCOUNTABILITY. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) in section 1111-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in subparagraph (A), by inserting ``that lead to college and career readiness by high school graduation and'' after ``challenging student academic achievement standards''; and (II) in subparagraph (D)(i)-- (aa) in subclause (II), by striking ``and'' after the semicolon; and (bb) by adding at the end the following: ``(IV) lead to college and career readiness by high school graduation; and''; and (ii) in paragraph (2), by adding at the end the following: ``(L) State accountability in the provision of access to the core resources for learning.-- ``(i) In general.--Each State plan shall demonstrate that the State has developed an accountability system that ensures that the State's public school system provides all students within the State an education that enables the students to succeed from the earliest grades, and graduate from high school ready for college, career, and citizenship, through-- ``(I) the provision of fair and equitable access to the core resources for learning; ``(II) the provision of educational services in local educational agencies that receive funds under this part; and ``(III) compliance with any final Federal or State court order in any matter concerning the adequacy or equitableness of the State's public school system. ``(ii) Core resources for learning.--The core resources for learning are the resources and student supports necessary to provide all students the opportunity to develop the knowledge and skills that lead to college and career readiness by high school graduation. Such resources shall include the following: ``(I) High-quality instructional teams, including licensed, credentialed, and profession-ready teachers, principals, school librarians, counselors, and education support personnel. ``(II) Rigorous academic standards and curricula that lead to college and career readiness by high school graduation, including the extent to which each local educational agency provides access to such standards and curricula in a manner that is accessible to all students, including students with disabilities and English learners. ``(III) Equitable and instructionally appropriate class sizes. ``(IV) Up-to-date instructional materials, technology, and supplies, including textbooks, computers, mobile devices, and access to broadband. ``(V) Effective school library programs. ``(VI) School facilities and technology, including physically and environmentally sound school buildings and well-equipped instructional spaces, including laboratories and libraries. ``(VII) Specialized instruction support teams, including school counselors, school social workers, school psychologists, school nurses, and other qualified professionals involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. ``(VIII) Effective programs for family and community engagement in education. ``(iii) Reporting.--Each State desiring to receive a grant under this part shall annually report to the Secretary how the State is meeting the requirements for providing equitable access to the core resources for learning as required in clause (i) and any areas of inequitable access, plans to address such inequities, and progress toward eliminating such inequities. ``(iv) Accountability and remediation.--A State that fails to make progress toward eliminating inequities in access to the core resources for learning as required in clause (i) identified for 2 or more consecutive years shall not be eligible to receive funds under any competitive grant program authorized under this Act.''; and (B) in subsection (h)-- (i) in paragraph (1)(C)(vii), by striking ``information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and names of each school identified for school improvement under section 1116'' and inserting ``information on the performance of local educational agencies in the State in providing fair and equitable access to the core resources for learning and the number and names of each school and each agency identified for improvement under section 1116 or under the terms of any waiver granted under section 9401''; (ii) in paragraph (2)(B)-- (I) in clause (i)-- (aa) in subclause (I), by striking ``and'' after the semicolon; and (bb) by adding at the end the following: ``(III) information that shows how students served by the local educational agency are provided access to the core resources for learning compared to students in the State as a whole; and''; (II) in clause (ii)-- (aa) in subclause (I), by striking ``and'' after the semicolon; (bb) in subclause (II), by striking the period at the end and inserting ``; and''; and (cc) by adding at the end the following: ``(III) information that shows how the school's students are provided access to the core resources for learning compared to students in the local educational agency and the State as a whole.''; (iii) in paragraph (4)-- (I) in subparagraph (F), by striking ``and'' after the semicolon; (II) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following: ``(H) the number and names of each local educational agency identified for improvement under section 1116 or under the terms of any waiver granted under section 9401, the reason each such agency was so identified, and the measures taken to address the achievement problems of each such agency.''; (2) in section 1116(c), by striking paragraph (3) and inserting the following: ``(3) Identification of local educational agency for improvement.-- ``(A) In general.--A State shall identify for improvement-- ``(i) any local educational agency that, for 2 consecutive years, including the period immediately prior to the date of enactment of the No Child Left Behind Act of 2001, failed to make adequate yearly progress as defined in the State's plan under section 1111(b)(2); or ``(ii) any local educational identified under the terms of a waiver granted under section 9401. ``(B) Intervention in local educational agencies identified for improvement.--With respect to each local educational agency identified for improvement by a State under this section or under the terms of any waiver granted under section 9401, the State-- ``(i) shall identify any inequities in access to the core resources for learning in the schools served by the agency; and ``(ii) in partnership with such agency, shall develop and implement a plan to address identified inequities in access to the core resources for learning.''. (b) Restrictions on Waivers.--Section 9401(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861(c)) is amended-- (1) in paragraph (9)(C), by striking ``or'' after the semicolon; (2) in paragraph (10), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(11) accountability for the provision of the core resources for learning.''.

Core Opportunity Resources for Equity and Excellence Act of 2014 - Amends the school improvement program under part A of title I of the the Elementary and Secondary Education Act of 1965 (ESEA) to require states to adopt student achievement standards that lead to college and career readiness by high school graduation. Requires each state school improvement plan to ensure that the state's public school system enables students to meet those standards by providing them with fair and equitable access to the core resources for learning. Includes among the core resources for learning: high-quality instructional teams; rigorous academic standards and curricula that lead to college and career readiness by high school graduation; equitable and instructionally appropriate class sizes; up-to-date instructional materials, technology, and supplies; effective school library programs; school facilities and technology, including physically and environmentally sound school buildings and well-equipped instructional spaces; specialized instruction support teams providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services as part of a comprehensive program to meet student needs; and effective programs to engage families and the community in education. Prohibits states that fail to make progress toward eliminating inequities in access to the core resources for learning for two or more consecutive years from receiving funds under any competitive grant program authorized by the ESEA. Requires the annual report cards publicly disseminated by states and their local educational agencies (LEAs) to include information on the performance of LEAs and schools in providing students with fair and equitable access to the core resources for learning. Requires states to identify any of their LEAs as needing improvement if they: (1) fail for two consecutive years to make adequate yearly progress toward state academic content and achievement standards, or (2) have received a waiver of the ESEA's statutory or regulatory requirements from the Secretary of Education. Requires states to: (1) identify any inequities in access to the core resources of learning in schools served by an LEA that has been identified as needing improvement, and (2) work with the LEA to address those inequities. Prohibits the Secretary from waiving this Act's requirements for accountability in providing students with access to the core resources for learning.

Core Opportunity Resources for Equity and Excellence Act of 2014

SECTION 1. PURPOSE. It is the purpose of this Act to promote the retention of members of the Armed Forces in critical specialties by establishing a bonus savings plan that provides significant resources for meeting the expenses encountered by the members in providing for the education of the members of their families and other contingencies. SEC. 2. EDUCATION SAVINGS PLAN FOR REENLISTMENTS AND EXTENSIONS OF SERVICE IN CRITICAL SPECIALTIES. (a) Establishment of Savings Plan.--(1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 323. Incentive bonus: savings plan for education expenses and other contingencies ``(a) Benefit and Eligibility.--The Secretary concerned shall purchase United States savings bonds under this section for a member of the armed forces who is eligible as follows: ``(1) A member who, before completing three years of service on active duty, enters into a commitment to perform qualifying service. ``(2) A member who, after completing three years of service on active duty but not more than nine years of service on active duty, enters into a commitment to perform qualifying service. ``(3) A member who, after completing nine years of service on active duty, enters into a commitment to perform qualifying service. ``(b) Qualifying Service.--For the purposes of this section, qualifying service is service on active duty in a specialty designated by the Secretary concerned as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements) for a period that-- ``(1) is not less than six years; and ``(2) does not include any part of a period for which the member is obligated to serve on active duty under an enlistment or other agreement for which a benefit has previously been paid under this section. ``(c) Forms of Commitment to Additional Service.--For the purposes of this section, a commitment means-- ``(1) in the case of an enlisted member, a reenlistment; and ``(2) in the case of a commissioned officer, an agreement entered into with the Secretary concerned. ``(d) Amounts of Bonds.--The total of the face amounts of the United States savings bonds purchased for a member under this section for a commitment shall be as follows: ``(1) In the case of a purchase for a member under paragraph (1) of subsection (a), $5,000. ``(2) In the case of a purchase for a member under paragraph (2) of subsection (a), the amount equal to the excess of $15,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section. ``(3) In the case of a purchase for a member under paragraph (3) of subsection (a), the amount equal to the excess of $30,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section. ``(e) Total Amount of Benefit.--The total amount of the benefit payable for a member when United States savings bonds are purchased for the member under this section by reason of a commitment by that member shall be the sum of-- ``(1) the purchase price of the United States savings bonds; and ``(2) the amounts that would be deducted and withheld for the payment of individual income taxes if the total amount computed under this subsection for that commitment were paid to the member as a bonus. ``(f) Amount Withheld for Taxes.--The total amount payable for a member under subsection (e)(2) for a commitment by that member shall be withheld, credited, and otherwise treated in the same manner as amounts deducted and withheld from the basic pay of the member. ``(g) Repayment for Failure To Complete Obligated Service.--(1) If a person fails to complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person shall refund to the United States the amount that bears the same ratio to the total amount paid for the person (as computed under subsection (e)) for that particular commitment as the uncompleted part of the period of qualifying service bears to the total period of the qualifying service for which obligated. ``(2) Subject to paragraph (3), an obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment or other agreement under this section does not discharge the person signing such reenlistment or other agreement from a debt arising under the reenlistment or agreement, respectively, or this subsection. ``(h) Relationship to Other Special Pays.--The benefit provided under this section is in addition to any other bonus or incentive or special pay that is paid or payable to a member under any other provision of this chapter for any portion of the same qualifying service. ``(i) Regulations.--This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``323. Incentive bonus: savings plan for education and other contingencies.''. (b) Effective Date.--Section 323 of title 37, United States Code (as added by subsection (a)), shall take effect on October 1, 2001, and shall apply with respect to reenlistments and other agreements for qualifying service (described in that section) that are entered into on or after that date.

Directs the Secretary of the military department concerned to purchase U.S. savings bonds for military personnel who have completed certain periods of active duty and who enter into a commitment to perform at least six years of additional active-duty service in a specialty designated as critical by such Secretary. Makes such bond amounts: (1) $5,000, for members who enter into the agreement before completing three years of active duty; (2) the excess of $15,000 over the face amount of any bonds previously purchased for such members who have completed at least three years of active service but less than nine years; and (3) the excess of $30,000 over such face amount for members who have completed nine years of active service. Requires the pro rata repayment of such bond amounts for the non-completion of the required additional service, with a waiver when repayment is considered to be against equity and good conscience or contrary to the best interests of the United States.

A bill to amend title 37, United States Code, to establish an education savings plan to encourage reenlistments and extensions of service by members of the Armed Forces in critical specialties, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Musical Licensing Act of 1994''. SEC. 2. BUSINESS EXEMPTION. Section 110(5) of title 17, United States Code, is amended to read as follows: ``(5) communication of a transmission embodying a performance or display of a work by electronic players, or by the public reception of a broadcast, cable or satellite transmission on a receiving apparatus, in any commercial establishment, the performance of which is incidental to the main purpose of the commercial establishment, unless-- ``(A) an admission charge is made to see or hear the transmission; or ``(B) any other public performance or display of the works implicated in such transmission are not properly licensed.''. SEC. 3. BINDING ARBITRATION OF RATE DISPUTES INVOLVING PERFORMING RIGHTS SOCIETIES; ACCESS TO REPERTOIRE. (a) In General.--Section 504 of title 17, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Performing Rights Societies; Binding Arbitration and Repertoire.--(1)(A) If a user of music and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of music in the performing rights society's repertory, either party shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association. The arbitrator in such binding arbitration shall determine a fair and reasonable fee for the user's past or future performance of the music in such society's repertory. ``(B) In any civil action for infringement of the right granted in section 106(4) involving a nondramatic musical work that is licensed by a performing rights society, where the defendant admits prior use of music licensed by the performing rights society but contests the amount of the license fee demanded for such use by such society, the dispute may, if requested by either party, be submitted to court annexed arbitration under section 652(e) of title 28. In such arbitration proceeding, the arbitrator shall determine the full and entire amount owed by the defendant to the performing rights society for all past use of music licensed by such society. Such amount shall not exceed what the arbitrator determines would have been a fair and reasonable license fee for performance of the music at issue, at the time such performance was made. ``(C) In any arbitration proceeding initiated under this section, the arbitrator may also determine a fair and reasonable license fee for performance by the music using part of the music licensed by the performing rights society for a period not to exceed 5 years after the date of the arbitrator's determination. ``(2) Performing rights societies and other organizations authorized to license nondramatic musical works for public performances shall make available, free of charge, online computer access to their respective repertoires. Such access shall include information regarding-- ``(A) the title of the work; ``(B) the name, address, and telephone number of the author and the copyright owner (if different); ``(C) the date the copyrighted work will enter the public domain; and ``(D) the names of any artists known to have performed the work.''. (b) Actions That Shall Be Referred to Arbitration.--Section 652 of title 28, United States Code, is amended by adding the following: ``(e) Actions That Shall Be Referred to Arbitration.--In any civil action for infringement of the right granted in section 106(4) of title 17 involving a nondramatic musical work that is licensed by a performing rights society, where the defendant admits prior use of music licensed by the performing rights society but contests the amount of the license fee demanded for such use by such society, the district court may, if requested by either party, refer the dispute to arbitration. Each district court shall establish procedures by local rule authorizing the use of arbitration under this subsection.''. SEC. 4. PER PROGRAMMING PERIOD LICENSE. Section 504 of title 17, United States Code, as amended by section 3 of this Act, is further amended by adding at the end thereof the following new subsection: ``(e) Period Licenses.-- ``(1) In general.--In any case in which a nondramatic musical work is licensed by a performing rights society, the performing rights society shall offer a per programming period license to any radio or television broadcaster that requests such a license. Such license shall be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. ``(2) Price of period license.--(A) The total price of a per programming period license described in paragraph (1) shall-- ``(i) include separate components for incidental and feature performances; ``(ii) be no higher than the fee that would be payable under a blanket license offered to broadcasters in the same industry; and ``(iii) be directly proportional to the broadcaster's actual use of the society's repertoire. ``(B) The fee for incidental public performances shall reflect the value of such uses to the broadcaster and the relative value which the performing rights society assigns in its distribution of royalties for such incidental public performances. ``(C) Nondramatic musical compositions that have been licensed directly or at the source, or whose performance constitutes fair use, shall not be considered in calculating any per programming period license fee under this subsection.''. SEC. 5. ACCESS TO REPERTOIRE. Section 504 of title 17, United States Code, is amended by adding at the end the following: ``(e) Computer Access to Musical Repertoire.--Performing rights societies and other organizations authorized to license nondramatic musical works for public performances shall make available, free of charge, to licenses or those negotiating licenses, online computer access to its entire repertoire. Such access shall include information regarding the title of the work, the name, address, and telephone number of the author and the copyright owner (if different), and the names of any artists known to have performed the work.''. SEC. 6. ANNUAL REPORT. No later than March 1 of each year the Antitrust Division of the Department of Justice shall submit a written report to the Congress on the activities of the Department during the preceding calendar year relating to the Department's continuing supervision and enforcement of the American Society of Composers, Authors, and Publishers and the Broadcast Music, Inc. consent decrees. Such report shall include a description of all issues raised or complaints filed with the Department relating to the operations of performing rights societies, and a summary of the Department's actions or investigations undertaken by the Department in response. SEC. 7. CONFORMING AMENDMENT. Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the definition of ``perform'' the following new paragraph: ``A `performing rights society' is an association, corporation or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors, and Publishers; Broadcast Music, Inc.; and SESAC, Inc.''.

Fairness in Musical Licensing Act of 1994 - Revises Federal copyright law to provide that a communication of a transmission embodying a performance or display of a work by electronic players or by the public reception of a broadcast, cable, or satellite transmission on a receiving apparatus in any commercial establishment, the performance of which is incidental to the main purpose of such establishment, is not an infringement of copyright unless: (1) an admission charge is made to see or hear the transmission; or (2) any other public performance or display of the works implicated in such transmission are not properly licensed. Specifies that, if a user of music and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of music in the performing rights society's repertory, either party shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association (and the arbitrator in such arbitration shall determine a fair and reasonable fee for the user's past or future performance of the music in such society's repertory). Sets forth provisions regarding: (1) civil actions for infringements involving nondramatic musical work licensed by a performing rights society; (2) arbitrators' determinations of a fair and reasonable license fee; (3) online computer access to repertoires; and (4) actions that shall be referred to arbitration. Provides that, in any case in which a nondramatic musical work is licensed by a performing rights society, such society shall offer a per programming period license to any radio or television broadcaster on request. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Directs that performing rights societies and other organizations authorized to license nondramatic musical works for public performances make available, free of charge, to licenses or those negotiating licenses, online computer access to its entire repertoire, including specified information. Requires the Antitrust Division of the Department of Justice to submit annual written reports to the Congress on acitivities of the Department relating to continuing supervision and enforcement of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc., consent decrees.

Fairness in Musical Licensing Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Improvement Act of 2005''. SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT. (a) Findings.--Section 2(1) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``, but breed in Canada and the United States'' after ``the Caribbean''. (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6102(2)) is amended by inserting ``Canada,'' after ``United States,''. (c) Definition of Caribbean.--Section 4 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6103) is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by striking paragraph (1) and inserting the following: ``(1) Caribbean.--The term `Caribbean' includes Puerto Rico and the United States Virgin Islands.''; and (3) by inserting after paragraph (2) the following: ``(3) Fund.--The term `Fund' means the Neotropical Migratory Bird Conservation Fund established by section 9(a).''. (d) Project Proposals.--Section 5(c)(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6104(c)(2)) is amended by inserting ``Canada,'' after ``United States,''. (e) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6104(e)) is amended-- (1) in paragraph (1), by striking ``25 percent'' and inserting ``50 percent''; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) Form of payment.-- ``(i) Projects in the united states and canada.--The non-Federal share required to be paid for a project carried out in the United States or Canada shall be paid in cash. ``(ii) Projects in latin america and the caribbean.--The non-Federal share required to be paid for a project carried out in Latin America or the Caribbean may be paid in cash or in kind.''. (f) Report.--Section 8 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6107) is amended-- (1) by striking ``October 1, 2002,'' and inserting ``2 years after the date of enactment of the Neotropical Migratory Bird Conservation Improvement Act of 2005,''; (2) by striking ``this Act, including recommendations'' and inserting ``this Act that includes-- ``(1) recommendations''; (3) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(2) a description of the activities of the advisory group convened under section 7(b).''. (g) Neotropical Migratory Bird Conservation Fund.-- (1) In general.--Section 9 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108) is amended-- (A) by striking the section heading and all that follows through subsection (b) and inserting the following: ``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND. ``(a) Establishment.--There is established in the Treasury a separate account to be known as the `Neotropical Migratory Bird Conservation Fund', which shall consist of amounts deposited in the Fund by the Secretary of the Treasury under subsection (b). ``(b) Deposits in the Fund.--The Secretary of the Treasury shall deposit into the Fund-- ``(1) all amounts received by the Secretary in the form of donations under subsection (d); and ``(2) other amounts appropriated to the Fund.''; and (B) in subsections (c) and (d), by striking ``Account'' each place it appears and inserting ``Fund''. (2) Administrative expenses.--Section 9(c)(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108(c)(2)) is amended by striking ``$80,000'' and inserting ``$150,000''. (3) Transfer.--The Secretary of the Treasury shall transfer to the Neotropical Migratory Bird Conservation Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the date of enactment of this Act. (h) Authorization of Appropriations.--Section 10 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the Fund to carry out this Act-- ``(1) $5,000,000 for each of fiscal years 2006 and 2007; ``(2) $8,000,000 for fiscal year 2008; and ``(3) $10,000,000 for each of fiscal years 2009 and 2010. ``(b) Availability.--Amounts made available under this section shall remain available until expended. ``(c) Allocation.--Of amounts made available under this section for a fiscal year, not less than 75 percent shall be expended for projects carried out outside the United States.''.

Neotropical Migratory Bird Conservation Improvement Act of 2005 - Amends the Neotropical Migratory Bird Conservation Act to apply to migratory bird species from Canada. Increases (from 25 to 50 percent) the federal share of costs for funded projects. Prescribes forms of payment for projects undertaken in the United States and Canada and for projects undertaken in Latin America and the Caribbean. Revises the reporting requirements under this Act to require the Secretary of the Interior to: (1) report to Congress not later than two years after the enactment of this Act; and (2) include a description of the activities of the advisory group convened by the Secretary. Replaces provisions establishing the Neotropical Migratory Bird Conservation Account within the Multinational Species Conservation Fund with provisions establishing the Neotropical Migratory Bird Conservation Fund and directs the Secretary of the Treasury to transfer Account amounts to such Fund. Authorizes appropriations to the Fund through FY2010. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Increases the amount of funds that the Secretary may expend to administer the Act.

A bill to reauthorize the Neotropical Migratory Bird Conservation Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Central Coast National Marine Sanctuary Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the marine environment of the waters of the California Central Coast has special national cultural, educational, research, and economic significance, because of its-- (A) significant oceanographic characteristics, including a major permanent upwelling, several transitional upwellings, and current interaction located in the Californian transition zone between the Oregonian and Californian climatic provinces and its interrelationship with the Nipomo Dune-Point Sal National Natural Landmark, (B) sensitive ecological and biological characteristics, including the presence of more than 27 endangered or threatened species of marine mammals, birds, and reptiles and a mixture of fish, mammal, shellfish, bird, and plant species not found elsewhere in the Pacific Basin, (C) significant archeological values, including hundreds of Chumash Indian sites, many dating back 9,500 years; and (D) significant estuarine and wetland ecosystems, including Morro Bay; (2) the health and productivity of the waters of the California Central Coast are threatened by a variety of pollutants and expanding industrial uses of the waters; (3) the existing State and Federal regulatory and management authorities applicable to the waters of the California Central Coast are inadequate to provide the kind of comprehensive and coordinated conservation and management of the sensitive marine environment of those waters that is available under the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.); and (4) the designation and treatment of the waters of the California Central Coast as a national marine sanctuary is necessary for the preservation and protection of this important area of our Nation's marine environment. SEC. 3. POLICY AND PURPOSE. (a) Policy.--It is the policy of the United States to protect and preserve living and other resources of the California Central Coast marine environment. (b) Purpose.--The purpose of this Act is to protect the resources of the area described in section 4(b), to educate and interpret for the public regarding the California Central Coast marine environment, and to manage such human uses of the Sanctuary consistent with this Act. Nothing in this Act is intended to restrict activities that do not cause an adverse effect to the resources or property of the Sanctuary or that do not pose harm to users of the Sanctuary. SEC. 4. DESIGNATION OF CALIFORNIA CENTRAL COAST NATIONAL MARINE SANCTUARY. (a) Designation.--The area described in subsection (b) is designated as the California Central Coast National Marine Sanctuary (hereinafter in this Act referred to as the ``Sanctuary''), and shall be a national marine sanctuary under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.). The Sanctuary shall be managed and regulations enforced under all applicable provisions of that title III as if the Sanctuary had been designated under such title. (b) Area Included.--Subject to subsections (c) and (d), the area referred to in subsection (a) consists of all submerged lands and waters, including living marine and other resources within and on those lands and waters, off the coast of California seaward of the high tide line-- (1) from the southern boundary of the Monterey Bay National Marine Sanctuary to the southern boundary of Point Sal Beach State Park in Santa Barbara County, California, and (2) extending westward from Point Sal, California, to encompass the offshore Santa Lucia Bank; as such waters may be described more particularly by the Secretary pursuant to subsection (d). (c) Areas Within State of California.--The designation under subsection (a) shall not take effect for any area located within the waters of the State of California if, not later than 45 days after the date of the enactment of this Act, the Governor of the State of California objects in writing to the Secretary of Commerce. (d) Boundary Modifications.--No later than the issuance of the draft environmental impact statement for the Sanctuary under section 304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), in consultation with the Governor of the State of California, if appropriate, the Secretary of Commerce may make minor modifications to the boundaries of the Sanctuary as necessary to fulfill the purpose of this Act. The Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a written notification of such modifications. SEC. 5. COMPREHENSIVE MANAGEMENT PLAN. (a) Preparation of Plan.--The Secretary of Commerce, in consultation with appropriate Federal, State, and local government authorities, shall develop a comprehensive management plan and implementing regulations to achieve the policy and purpose of this Act by not later than 24 months after the date of the enactment of this Act. In developing the plan and regulations, the Secretary of Commerce shall follow the procedures specified in sections 303 and 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434). Such comprehensive management plan shall-- (1) facilitate all public and private uses of the Sanctuary consistent with the primary objective of Sanctuary resource protection; (2) consider temporal and geographical zoning, to ensure protection of Sanctuary resources; (3) identify needs for research and establish a long-term ecological monitoring program; (4) identify alternative sources of funding needed to fully implement the plan's provisions and supplement appropriations under section 6 of this Act and section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1444); (5) ensure coordination and cooperation between Sanctuary managers and other Federal, State, and local authorities with jurisdiction within or adjacent to the Sanctuary; and (6) promote education, among users of the Sanctuary and the general public, about conservation of the California Central Coast marine environment. (b) Public Participation.--The Secretary of Commerce shall provide for participation by the general public in development of the comprehensive management plan. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For carrying out this Act there are authorized to be appropriated to the Secretary $250,000 for each of the fiscal years 1993 and 1994.

California Central Coast National Marine Sanctuary Act - Designates a specified area of submerged lands and waters, including living and other resources, as the California Central Coast National Marine Sanctuary. Allows the Governor of California to prevent this Act from taking effect for any area in California State waters by objecting within a specified period. Directs the Secretary of Commerce to develop a comprehensive management plan. Authorizes appropriations.

California Central Coast National Marine Sanctuary Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``English Learning and Innovation Act of 2011''. SEC. 2. ENGLISH LEARNER COMPETITIVE GRANTS. (a) In General.--Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended-- (1) in section 3001(a)-- (A) in paragraph (1), by inserting ``and part C'' after ``part B''; and (B) by adding at the end of the following: ``(3) English learner competitive grants.--There are authorized to be appropriated to carry out part C, $100,000,000 for fiscal year 2012 and each of the 5 succeeding fiscal years.''; (2) by redesignating part C as part D; (3) by redesignating sections 3301 through 3304 as sections 3401 through 3404, respectively; (4) in section 3116(d)(1), by striking ``3302'' and inserting ``3402''; (5) in section 3111(c)(1)(C), by striking ``3303'' each place the term appears and inserting ``3403''; and (6) by inserting after part B the following: ``PART C--ENGLISH LEARNER COMPETITIVE GRANTS. ``SEC. 3301. PURPOSE. ``The purpose of this part is to support eligible entities and eligible agencies in developing and strengthening innovative systems that support high-quality instruction for a diverse group of English learners, including English learners who have entered a school in the United States after elementary school or English learners who have been in schools in the United States for more than 5 years without reaching sufficient English proficiency to be reclassified, or both. ``SEC. 3302. INNOVATION GRANTS. ``(a) Program Authorized.--From amounts appropriated under section 3001(a)(3), the Secretary may award grants, on a competitive basis, to eligible entities that have demonstrated progress in establishing and committing to provide high-quality instruction that results in the ability of English learners to achieve English language proficiency and to demonstrate content mastery in core or covered subjects to enable such eligible entities to carry out the activities described in subsection (f). ``(b) Duration.-- ``(1) In general.--Grants awarded under this section shall be for a period of not more than 4 years. ``(2) Renewal.--The Secretary may renew a grant under this section for an additional 2-year period, if the eligible entity demonstrates success in-- ``(A) improving the English language proficiency of students served by the grant program, as measured by the assessment described in section 1111(b)(7); ``(B) increasing the percentage of English learners who achieve proficiency on the State academic assessment in mathematics, reading or language arts, and science, as described in section 1111(b)(3); ``(C) increasing the percentage of secondary school students who achieve proficiency in core academic subjects; and ``(D) increasing the percentage of English learners who graduate from secondary school on-time, as defined in section 200.19(b)(1) of title 34, Code of Federal Regulations. ``(c) Eligible Entity.--The term `eligible entity' means-- ``(1) a State educational agency; ``(2) a local educational agency; or ``(3) a public charter school, or a charter school management organization. ``(d) Applications.-- ``(1) In general.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, the application described in paragraph (1) shall include the following: ``(A) A description of how the eligible entity will use grant funds to implement English language proficiency standards and college and career ready standards to assist English learners in-- ``(i) improving English language proficiency, academic achievement, and achievement in core content areas; and ``(ii) improving preparation for postsecondary education and careers. ``(B) A description of the benchmarks, consistent with section 3304(b)(1), that the eligible entity will establish to demonstrate improvements in outcomes for students who are English learners. ``(C) A description of how the eligible entity has used the metrics described in subsection (b)(2) and the benchmarks described in subparagraph (B) to create a data-driven needs assessment that the eligible entity will use to determine how grant funds will be used. ``(D) A description of how the eligible entity will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this section, and not to supplant such funds. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that-- ``(1) use funds to implement evidence-based strategies, as determined by the Secretary; ``(2) use funds to provide educational opportunities for English learners who have entered a school in the United States after elementary school or English learners who have been in schools in the United States for more than 5 years without reaching sufficient English proficiency to be reclassified, or both; ``(3) serve populations of rural students and students who are migratory children, as defined in section 1309(2); ``(4) form partnerships with entities that have the capacity to take efforts under the grant to scale; or ``(5) work with an educational research entity that is, at the time of the application, implementing research-based programs or interventions in schools that serve a significant percentage of English learners. ``(f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities that lead to English learners becoming proficient in English in order to access the academic content knowledge that English learners need to meet State college and career ready academic content standards, which may include-- ``(1) improving instructional programs by-- ``(A) implementing evidence-based language instruction programs, including-- ``(i) technology-based programs; and ``(ii) early childhood education programs, if applicable; ``(B) consistent with State law, implementing a program that uses instruction in the native language as a basis for English language acquisition, such as-- ``(i) a dual-language program; or ``(ii) a bilingual education program; or ``(C) obtaining technical assistance from an expert to develop or implement materials for English learner instruction; ``(2) ensuring that English learners are taught by effective teachers and attend schools that are administered by effective principals, by-- ``(A) developing or implementing a strategy to recruit effective teachers and principals; ``(B) developing or implementing a strategy to retain effective teachers and principals; or ``(C) developing or implementing a strategy to improve the effectiveness of teachers and principals; ``(3) increasing the ability of families of English learners to be engaged in their child's education and development; ``(4) expanding best practices to other schools or local educational agencies that are served by the eligible entity; or ``(5) carrying out other activities consistent with the purpose of this part. ``SEC. 3303. CAPACITY BUILDING GRANTS. ``(a) Capacity Building Grants.-- ``(1) In general.--From amounts appropriated under section 3001(a)(3), the Secretary may award capacity-building grants, on a competitive basis, to eligible agencies that demonstrate a commitment to establishing and maintaining a system of high- quality instruction for English learners to enable such eligible agencies to carry out the activities described in subsection (g). ``(2) Limitations.--The Secretary shall not award a grant under this section to an eligible agency that has received a grant under section 3302. ``(b) Duration.-- ``(1) In general.--Grants awarded under this section shall be for a period of not more than 4 years. ``(2) Renewal.--The Secretary shall not renew a grant under this section. ``(c) Eligible Agency.--The term `eligible agency' means a State educational agency or local educational agency that has experienced a significant increase, as determined by the Secretary, in the number of English learners that the State educational agency or local educational agency, respectively, serves. ``(d) Funding Requirement.--Continued funding after the second year of the grant period shall be contingent on the eligible agency's progress in-- ``(1) meeting the benchmarks described in subsection (e)(2)(B); ``(2) improving the English language proficiency of students served by the grant program, as measured by the assessment described in section 1111(b)(7); ``(3) increasing the percentage of English learners who achieve proficiency on State academic assessments in mathematics, reading or language arts, and science, as described in section 1111(b)(3); ``(4) increasing the percentage of secondary school students who achieve proficiency in core academic subjects; and ``(5) increasing the percentage of English learners who graduate from secondary school on-time, as defined in section 200.19(b)(1) of title 34, Code of Federal Regulations. ``(e) Applications.-- ``(1) In general.--An eligible agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, the application described in paragraph (1) shall include the following: ``(A) A description of how the eligible entity will use grant funds to implement English language proficiency standards and college and career ready standards to assist English learners in-- ``(i) improving English language proficiency; and ``(ii) improving preparation for postsecondary education and careers. ``(B) A description of the benchmarks, consistent with section 3304(b), that the eligible agency will establish to demonstrate improvements in outcomes for students who are English learners. ``(C) A description of how the eligible agency will efficiently use funds to build upon previous efforts to educate English learners. ``(D) A description of how the eligible entity will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this section, and not to supplant such funds. ``(f) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible agencies that propose to use grant funds to implement evidence-based strategies, as determined by the Secretary, in order to become competitive in the application process for a grant described in section 3302. ``(g) Use of Funds.-- ``(1) Required use of funds.--An eligible agency that receives a grant under this section shall use the grant funds to carry out activities that-- ``(A) build the eligible agency's capacity to provide quality instruction to English learners; and ``(B) will allow the eligible agency to become competitive in the application process for a grant described in section 3302. ``(2) Permissible use of funds.--An eligible agency that receives a grant under this section may use the grant funds to ensure that English learners are taught by effective teachers and attend schools that are administered by effective principals, by-- ``(A) developing or implementing a strategy to recruit effective teachers and principals; ``(B) developing or implementing a strategy to retain effective teachers and principals; or ``(C) developing or implementing a strategy to improve the effectiveness of teachers and principals. ``SEC. 3304. INDICATORS, EVALUATION, TECHNICAL ASSISTANCE, AND RESEARCH. ``(a) Indicators.-- ``(1) In general.--The Secretary, in consultation with the Director of the Institute for Education Sciences, shall establish indicators to measure the success of grant programs under this part. ``(2) Primary indicator.--The primary indicator described in paragraph (1) shall be the percentage of students who-- ``(A) are English learners; ``(B) become English language proficient; and ``(C) are on track for postsecondary education and a career. ``(b) Evaluation and Reports by the Eligible Entity.--Each eligible entity and eligible agency receiving a grant under this part shall-- ``(1) develop quantifiable benchmarks to evaluate the activities that the eligible entity or eligible agency carries out under this part, based on the applicable indicators described in subsection (a), which may include-- ``(A) the percentage of students who are English learners who obtain English proficiency; ``(B) the rate of participation of students who are English learners in State assessments; ``(C) reduction in the percentage of students who are English learners who are in the bottom level of achievement on State assessments in reading, English, or language arts, and mathematics; or ``(D) the percentage of students who are English learners and who are taking advanced coursework; ``(2) submit the benchmarks described in paragraph (1) to the Secretary for approval; and ``(3) prepare and submit an annual report to the Secretary on the progress that the eligible entity or eligible agency is making toward meeting such benchmarks. ``(c) Technical Assistance.--The Secretary shall reserve not more than 1 percent from amounts appropriated in section 3001(a)(3) to directly, or through grant or contract, provide technical assistance to eligible entities and eligible agencies to prepare the entities and agencies to qualify, apply for, and maintain grants under this part. ``(d) Research and Evaluation.--The Secretary shall reserve not more than 0.5 percent from amounts appropriated in section 3001(a)(3) to evaluate grants or provide technical assistance for activities funded under this part. ``SEC. 3305. DEFINITIONS. ``In this part: ``(1) Dual language program.--The term `dual language program' means an instructional strategy for English learners-- ``(A) in which students are taught literacy and content in English and another language and use the other language for at least half of the instructional day; and ``(B) that fosters bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in 2 languages. ``(2) English learner.--The term `English learner' has the meaning given the term `limited English proficient' in section 9101.''.

English Learning and Innovation Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award renewable, competitive Innovation grants to states, local educational agencies (LEAs), and public charter schools or charter school management organizations to carry out activities that result in English learners becoming proficient in English so that they can access the knowledge needed to meet state college and career readiness standards. Includes among those activities: (1) improving instructional programs, including through the use of dual-language or bilingual education; (2) ensuring that English learners are taught by effective teachers at schools administered by effective principals; (3) increasing the ability of the families of English learners to engage in their child's education and development; and (4) expanding best practices to other schools or LEAs. Authorizes the Secretary to award competitive Capacity Building grants to states and LEAs that have experienced a significant increase in English learners for use in building their capacity to provide quality instruction to English learners and become competitive in applying for an Innovation grant. Directs the Secretary to establish indicators to measure the success of this Act's grant programs. Requires this Act's grantees to: (1) develop, and submit for the Secretary's approval, quantifiable benchmarks for evaluating their grant activities; and (2) provide the Secretary with an annual report on their progress toward those benchmarks.

A bill to promote innovative practices for the education of English learners and to help States and local educational agencies with English learner populations build capacity to ensure that English learners receive high-quality instruction that enables English learners to become proficient in English and access the academic content knowledge that English learners need to meet State college and career ready academic content standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``African-American Civil War Memorial Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of African-American Civil War veterans, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the African-American Civil War Memorial. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2001''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the African-American Civil War Memorial Freedom Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2001. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2001. 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 subsection (d) 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. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the African-American Civil War Memorial Freedom Foundation for the purpose of supporting the construction and maintenance of an African-American Civil War Memorial and the Garnet-Patterson Family Heritage Center (Visitors' Center). (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the African-American Civil War Memorial Freedom Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

African-American Civil War Memorial Commemorative Coin Act - Instructs the Secretary of the Treasury to issue one dollar coins in commemoration of African-American Civil War veterans. Mandates that the coin design be: (1) emblematic of the African-American Civil War Memorial; (2) selected by the Secretary after consultation with the African-American Civil War Memorial Freedom Foundation and the Commission of Fine Arts; and (3) reviewed by the Citizens Commemorative Coin Advisory Committee. Instructs the Secretary to pay all coin sales surcharges to the African-American Civil War Memorial Freedom Foundation for the construction and maintenance of an African-American Civil War Memorial and the Garnet-Patterson Family Heritage Center (Visitors' Center).

African-American Civil War Memorial Commemorative Coin Act

SECTION 1. FINDINGS. The Congress finds that-- (1) the superlative natural and scenic resources of the Yellowstone area lead Congress in 1872 to establish Yellowstone National Park as the world's first national park; (2) in recognition of its resource values and international importance, Yellowstone National Park has been designated a World Heritage Site; (3) the Absaroka-Beartooth National Wilderness Area was designated in 1978 to protect the wilderness and ecological values of certain lands north and east of Yellowstone National Park; (4) a 20.5 mile segment of the Clarks Fork of the Yellowstone River was designated in 1990 as a component of the National Wild and Scenic Rivers System, the only such designation within the State of Wyoming, in order to preserve and enhance the natural, scenic, and recreational resources of such segment; (5) Henderson Mountain and certain lands of the Beartooth Mountains contain important recreational, ecological, fish and wildlife, scenic, and historical resource values; (6) Henderson Mountain and certain lands of the Beartooth Mountains which are located upstream and adjacent to Yellowstone National Park, the Absaroka-Beartooth National Wilderness Area, and the Clarks Fork of the Yellowstone National Wild and Scenic River, form the source of the headwaters of 3 important river systems; (7) past and ongoing mining practices have degraded the resource values of Henderson Mountain and the Beartooth Mountains area; and (8) proposed mining activities in the area present a clear and present danger to the resource values of the area as well as those of Yellowstone National Park, the Absaroka-Beartooth National Wilderness Area and the Clarks Fork National Wild and Scenic River, and it is, therefore, in the public interest to protect these lands from such mining activities. SEC. 2. ESTABLISHMENT. (a) In General.--In order to conserve, protect, and restore the recreational, ecological, and wildlife resources of the Yellowstone headwaters area and provide for the protection of the adjacent Yellowstone National Park, Absaroka-Beartooth National Wilderness Area, and Clarks Fork National Wild and Scenic River, there is hereby established the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in the State of Montana (hereinafter in this Act referred to as the ``recreation area''). (b) Area Included.--The recreation area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled ``Boundary Map, ...........'', numbered ____, and dated ____. The map shall be on file and available for public inspection in the offices of the United States Forest Service, Department of Agriculture. The Secretary of Agriculture (hereinafter in this Act referred to as the ``Secretary'') may from time to time make minor revisions in the boundary of the recreation area to promote management effectiveness and efficiency in furtherance of the purposes of this Act. The Secretary shall publish notice of any such revision in the Federal Register. SEC. 3. ADMINISTRATION. (a) In General.--The Secretary shall administer the recreation area in accordance with this Act and with the provisions of law generally applicable to units of the national forest system. In the administration of such recreation area, the Secretary may utilize such statutory authority as may be available to him for the conservation of wildlife and natural resources as he deems necessary to carry out the purposes of this Act. Management of natural resources within the recreation area shall be permitted only to the extent such management is compatible with, and does not impair, the purposes for which the recreation area is established. (b) Management Plan.--The Secretary shall, not later than 3 years after the enactment of this Act, develop a management plan for the recreation area, as an amendment to the Gallatin and Custer National Forest Management Plans, to reflect the establishment of the recreation area and to conform to the provisions of this Act. Such plan shall contain, but not be limited to, measures to maintain and enhance traditional recreational use of the area, including use for such activities as hunting, fishing, hiking, camping, and snowmobiling. Nothing in this Act shall require the Secretary to revise the Gallatin or Custer National Forest Management Plan pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. (c) Hunting and Fishing.--The Secretary shall permit hunting and fishing on lands and waters within the recreation area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, such activities will not be permitted for reasons of public safety, administration, fish and wildlife management or public use and enjoyment. Except in emergencies any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. SEC. 4. ACQUISITION OF LANDS. The Secretary is directed to acquire lands or interests in lands within the boundaries of the recreation area that are necessary to carry out the purposes of this Act by donation, purchase with donated or appropriated funds, or exchange. Lands within the boundaries of the recreation area which are owned by the State of Montana or any political subdivision thereof may only be acquired by donation or exchange. SEC. 5. MINERALS AND MINING. (a) Withdrawals.--After the enactment of this Act: (1) Lands within the recreation area shall not be open to location of mining claims under the mining laws of the United States. (2) The Secretary of the Interior shall not issue any lease under the mineral leasing or geothermal leasing laws of the United States for lands within the recreation area. (3) Lands within the recreation area shall not be available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (b) Limitation on Patent Issuance.--Notwithstanding any other provision of law, no patents shall be issued after June 14, 1995, for any location or claim made in the recreation area under the mining laws of the United States. (c) Prohibition.--No Federal lands may be used in connection with any mining or mining-related activity within the recreation area. (d) Reclamation.--No mining or mining-related activity involving any surface disturbance of lands or waters within such area, including disturbance through subsidence, shall be permitted except in accordance with requirements imposed by the Secretary, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practical to their premining condition. (e) Mining Claim Validity Review.--The Secretary of Agriculture shall undertake and complete within 3 years after the date of enactment of this Act an expedited program to examine all unpatented mining claims, including those for which a patent application has been filed, within the recreation area. Upon determination by the Secretary of Agriculture that the elements of a contest are present, the Secretary of the Interior shall expeditiously determine the validity of such claims. If a claim is determined to be invalid, the Secretary shall promptly declare the claim to be null and void. (f) Mining Remediation.--No department or agency of the United States or any officer or employee thereof may issue any permit, license, or other authorization to any person, for any mining or mining related activity within the recreation area until the Secretary has determined that previous mining related environmental damage that has occurred on lands owned or used by such person or any person who controls, is controlled by or under common control with, such person, has been remediated in accordance with applicable Federal and State requirements. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.

Establishes the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in Montana. Requires the Secretary of Agriculture to: (1) administer the Area in accordance with this Act and with the provisions of law generally applicable to national forest system units; (2) develop a management plan for the Area to reflect its establishment and to conform to this Act; and (3) acquire lands or interests in lands within the Area's boundaries that are necessary to carry out the purposes of this Act. Withdraws such lands from U.S. mining laws, mineral and geothermal leasing laws, and from disposal of mineral materials under the Materials Act of 1947. Prohibits: (1) a patent from being issued after June 14, 1995, for any location or claim made in the Area under U.S. mining laws; (2) Federal lands from being used in connection with any mining or mining-related activity within the Area; and (3) such activities involving any surface disturbance of lands or waters within such Area, except in accordance with requirements imposed by the Secretary. Requires: (1) the Secretary to complete an expedited program to examine all unpatented mining claims within the Area; and (2) if the Secretary of the Interior determines that a claim is invalid, to declare it to be null and void. Prohibits a Federal department or agency from issuing authorizations to persons for mining or mining-related activities within the Area until the Secretary has determined that previous mining related environmental damage that has occurred on lands owned or used by such person or any person who controls, is controlled by, or under common control with, such person has been remediated in accordance with applicable Federal and State requirements. Authorizes appropriations.

To establish the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in the State of Montana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Tundra Habitat Emergency Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The winter index population of mid-continent light geese was 800,000 birds in 1969, while the total population of such geese is more than 5,200,000 birds today. (2) The population of mid-continent light geese is expanding by over 5 percent each year, and in the absence of new wildlife management actions it could grow to more than 6,800,000 breeding light geese in 3 years. (3) The primary reasons for this unprecedented population growth are-- (A) the expansion of agricultural areas and the resulting abundance of cereal grain crops in the United States; (B) the establishment of sanctuaries along the United States flyways of migrating light geese; and (C) a decline in light geese harvest rates. (4) As a direct result of this population explosion, the Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being systematically destroyed. This ecosystem contains approximately 135,000 acres of essential habitat for migrating light geese and many other avian species. Biologists have testified that one-third of this habitat has been destroyed, one-third is on the brink of devastation, and the remaining one-third is overgrazed. (5) The destruction of the Arctic tundra is having a severe negative impact on many avian species that breed or migrate through this habitat, including the following: (A) Canada Goose. (B) American Wigeon. (C) Dowitcher. (D) Hudsonian Godwit. (E) Stilt Sandpiper. (F) Northern Shoveler. (G) Red-Breasted Merganser. (H) Oldsquaw. (I) Parasitic Jaeger. (J) Whimbrel. (K) Yellow Rail. (6) It is essential that the current population of mid- continent light geese be reduced by 50 percent by the year 2005 to ensure that the fragile Arctic tundra is not irreversibly damaged. (b) Purposes.--The purposes of this Act are the following: (1) To reduce the population of mid-continent light geese. (2) To assure the long-term conservation of mid-continent light geese and the biological diversity of the ecosystem upon which many North American migratory birds depend. SEC. 3. FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-CONTINENT LIGHT GEESE POPULATIONS. (a) Force and Effect.-- (1) In general.--The rules published by the Service on February 16, 1999, relating to use of additional hunting methods to increase the harvest of mid-continent light geese (64 Fed. Reg. 7507-7517) and the establishment of a conservation order for the reduction of mid-continent light goose populations (64 Fed. Reg. 7517-7528), shall have the force and effect of law. (2) Public notice.--The Secretary, acting through the Director of the Service, shall take such action as is necessary to appropriately notify the public of the force and effect of the rules referred to in paragraph (1). (b) Application.--Subsection (a) shall apply only during the period that-- (1) begins on the date of the enactment of this Act; and (2) ends on the latest of-- (A) the effective date of rules issued by the Service after such date of the enactment to control overabundant mid- continent light geese populations; (B) the date of the publication of a final environmental impact statement for such rules under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (C) May 15, 2001. (c) Rule of Construction.--This section shall not be construed to limit the authority of the Secretary or the Service to issue rules, under another law, to regulate the taking of mid-continent light geese. SEC. 4. COMPREHENSIVE MANAGEMENT PLAN. (a) In General.--Not later than the end of the period described in section 103(b), the Secretary shall prepare, and as appropriate implement, a comprehensive, long-term plan for the management of mid- continent light geese and the conservation of their habitat. (b) Required Elements.--The plan shall apply principles of adaptive resource management and shall include-- (1) a description of methods for monitoring the levels of populations and the levels of harvest of mid-continent light geese, and recommendations concerning long-term harvest levels; (2) recommendations concerning other means for the management of mid-continent light goose populations, taking into account the reasons for the population growth specified in section 102(a)(3); (3) an assessment of, and recommendations relating to, conservation of the breeding habitat of mid-continent light geese; (4) an assessment of, and recommendations relating to, conservation of native species of wildlife adversely affected by the overabundance of mid-continent light geese, including the species specified in section 102(a)(5); and (5) an identification of methods for promoting collaboration with the Government of Canada, States, and other interested persons. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2000 through 2002. SEC. 5. DEFINITIONS. In this Act: (1) Mid-continent light geese.--The term ``mid-continent light geese'' means Lesser snow geese (Anser caerulescens caerulescens) and Ross' geese (Anser rossii) that primarily migrate between Canada and the States of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Service.--The term ``Service'' means the United States Fish and Wildlife Service. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 3) Makes such requirement applicable until the latest of: (1) the effective date of rules issued by the Service after enactment of this Act to control overabundant populations of such geese; (2) the date of the publication of a final environmental impact statement for such rules; or (3) May 15, 2001. (Sec. 4) Directs the Secretary, no later than the end of such period, to prepare and implement a comprehensive, long-term plan for the management of mid-continent light geese and the conservation of their habitat, applying principles of adaptive resource management. Authorizes appropriations.

Arctic Tundra Habitat Emergency Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Identification Card Act 2015''. SEC. 2. VETERANS IDENTIFICATION CARD. (a) Findings.--Congress makes the following findings: (1) Effective on the day before the date of the enactment of this Act, veteran identification cards were issued to veterans who have either completed the statutory time-in-service requirement for retirement from the Armed Forces or who have received a medical- related discharge from the Armed Forces. (2) Effective on the day before the date of the enactment of this Act, a veteran who served a minimum obligated time in service, but who did not meet the criteria described in paragraph (1), did not receive a means of identifying the veteran's status as a veteran other than using the Department of Defense form DD-214 discharge papers of the veteran. (3) Goods, services, and promotional activities are often offered by public and private institutions to veterans who demonstrate proof of service in the military, but it is impractical for a veteran to always carry Department of Defense form DD-214 discharge papers to demonstrate such proof. (4) A general purpose veteran identification card made available to veterans would be useful to demonstrate the status of the veterans without having to carry and use official Department of Defense form DD-214 discharge papers. (5) On the day before the date of the enactment of this Act, the Department of Veterans Affairs had the infrastructure in place across the United States to produce photographic identification cards and accept a small payment to cover the cost of these cards. (b) Provision of Veteran Identification Cards.--Chapter 57 of title 38, United States Code, is amended by adding after section 5705 the following new section: ``Sec. 5706. Veterans identification card ``(a) In General.--The Secretary of Veterans Affairs shall issue an identification card described in subsection (b) to each veteran who-- ``(1) requests such card; ``(2) presents a copy of Department of Defense form DD-214 or other official document from the official military personnel file of the veteran that describes the service of the veteran; and ``(3) pays the fee under subsection (c)(1). ``(b) Identification Card.--An identification card described in this subsection is a card issued to a veteran that-- ``(1) displays a photograph of the veteran; ``(2) displays the name of the veteran; ``(3) explains that such card is not proof of any benefits to which the veteran is entitled to; ``(4) contains an identification number that is not a social security number; and ``(5) serves as proof that such veteran-- ``(A) served in the Armed Forces; and ``(B) has a Department of Defense form DD-214 or other official document in the official military personnel file of the veteran that describes the service of the veteran. ``(c) Costs of Card.--(1) The Secretary shall charge a fee to each veteran who receives an identification card issued under this section, including a replacement identification card. ``(2)(A) The fee charged under paragraph (1) shall equal such amount as the Secretary determines is necessary to issue an identification card under this section. ``(B) In determining the amount of the fee under subparagraph (A), the Secretary shall ensure that the total amount of fees collected under paragraph (1) equals an amount necessary to carry out this section, including costs related to any additional equipment or personnel required to carry out this section. ``(C) The Secretary shall review and reassess the determination under subparagraph (A) during each five-year period in which the Secretary issues an identification card under this section. ``(3) Amounts collected under this subsection shall be deposited in an account of the Department available to carry out this section. Amounts so deposited shall be-- ``(A) merged with amounts in such account; ``(B) available in such amounts as may be provided in appropriation Acts; and ``(C) subject to the same conditions and limitations as amounts otherwise in such account. ``(d) Effect of Card on Benefits.--(1) An identification card issued under this section shall not serve as proof of any benefits that the veteran may be entitled to under this title. ``(2) A veteran who is issued an identification card under this section shall not be entitled to any benefits under this title by reason of possessing such card. ``(e) Administrative Measures.--(1) The Secretary shall ensure that any information collected or used with respect to an identification card issued under this section is appropriately secured. ``(2) The Secretary may determine any appropriate procedures with respect to issuing a replacement identification card. ``(3) In carrying out this section, the Secretary shall coordinate with the National Personnel Records Center. ``(4) The Secretary may conduct such outreach to advertise the identification card under this section as the Secretary considers appropriate. ``(f) Construction.--This section shall not be construed to affect identification cards otherwise provided by the Secretary to veterans enrolled in the health care system established under section 1705(a) of this title.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5705 the following new item: ``5706. Veterans identification card.''. (d) Effective Date.--The amendments made by this Act shall take effect on the date that is 60 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on June 22, 2015. Veteran's Identification Card Act of 2015 (Sec. 2) Directs the Department of Veterans Affairs (VA) to issue a veteran's identification card to a requesting veteran who is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display the veteran's name and photograph, and (2) serve as proof that the veteran has a DD-214 form or other official document in his or her military personnel file that describes the veteran's military service. Directs VA to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits.

Veterans Identification Card Act 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Human Rights and Democracy Act of 1997''. SEC. 2. UNITED STATES INTERNATIONAL BROADCASTING TO CHINA. (a) Authorization of Appropriations for International Broadcasting to China.--In addition to such sums as are otherwise authorized to be appropriated for ``International Broadcasting Activities'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``International Broadcasting Activities'' $40,000,000 for fiscal year 1998 and $30,000,000 for fiscal year 1999, which shall be available only for broadcasting to China. Of the funds authorized to be appropriated for fiscal year 1998, $10,000,000 is authorized to be appropriated for capital expenditures for the purchase and construction of transmission facilities. Of the funds authorized to be appropriated for fiscal year 1998 and fiscal year 1999, $20,000,000 is authorized to be appropriated for Radio Free Asia. (b) Sense of Congress.--It is the sense of the Congress that United States international broadcasting through Radio Free Asia and Voice of America should be increased to provide continuous 24-hour broadcasting in multiple languages and dialects which shall include Mandarin, Cantonese, Tibetan, and Uighur. SEC. 3. DEMOCRACY BUILDING IN CHINA. (a) Authorization of Appropriations for NED.--In addition to such sums as are otherwise authorized to be appropriated for the ``National Endowment for Democracy'' for fiscal years 1998 and 1999, there are authorized to be appropriated for the ``National Endowment for Democracy'' $5,000,000 for fiscal year 1998 and $5,000,000 for fiscal year 1999, which shall be available to promote democracy, civil society, and the development of the rule of law in China. (b) East Asia-Pacific Regional Democracy Fund.--The Secretary of State shall use funds available in the East Asia-Pacific Regional Democracy Fund to provide grants to nongovernmental organizations to promote democracy, civil society, and the development of the rule of law in China. SEC. 4. HUMAN RIGHTS IN CHINA. (a) Reports.--Not later than March 30, 1998, and each subsequent year thereafter, the Secretary of State shall submit to the International Relations Committee of the House of Representatives and the Foreign Relations Committee of the Senate an annual report on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Reports shall provide information on each region of China. (b) Prisoner Information Registry.--The Secretary of State shall establish a Prisoner Information Registry for China which shall provide information on all political prisoners, prisoners of conscience, and prisoners of faith in China. Such information shall include the charges, judicial processes, administrative actions, use of forced labor, incidences of torture, length of imprisonment, physical and health conditions, and other matters related to the incarceration of such prisoners in China. The Secretary of State is authorized to make funds available to nongovernmental organizations presently engaged in monitoring activities regarding Chinese political prisoners to assist in the creation and maintenance of the registry. (c) Human Rights Officers in China.--The Secretary of State shall designate or assign not less than 6 foreign service officers to the United States Embassy and consular offices in China with the principal assignment of monitoring and reporting on human rights matters in China. In addition, the number of officers assigned to the United States diplomatic missions in China whose principal assignment is commerce or trade may not exceed the number of officers in China whose principal assignment is human rights matters. SEC. 5. REPORTS TO CONGRESS ON CHINESE MILITARY AND INTELLIGENCE ACTIVITIES. (a) Report Concerning Chinese Intelligence Activities Directed Against United States Interests.--No later than March 30 of each calendar year, the President shall report in both classified and unclassified form on all Chinese intelligence collection activities directed against United States interests to the Committees on National Security, International Relations, and Intelligence of the House of Representatives and the Committees on Armed Services, Foreign Relations, and Intelligence of the Senate. (b) Information Concerning Commercial Enterprises Affiliated With the Chinese Military.--The Secretary of Commerce, in consultation with the Secretaries of State, Defense and Treasury and the Director of the Central Intelligence Agency, shall compile and make available to the public through all appropriate means, including internet technology, information concerning Chinese commercial enterprises or joint ventures in which the Chinese Ministry of Defense, the Peoples Liberation Army, affiliated commercial entities, or senior officials of such entities and their immediate family, have an ownership interest. SEC. 6. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED STATES NATIONAL CONDUCTING AN INDUSTRIAL COOPERATION PROJECT IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Purpose.--It is the purpose of this section to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China. (b) Statement of Principles.--It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China should: (1) Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor, and refuse to use forced labor in the industrial cooperation project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrest or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations or property, and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment; and consult with community leaders regarding environmental protection with respect to the industrial cooperation project. (4) Strive to establish a private business enterprise when involved in an industrial cooperation project with the Government of the People's Republic of China or other state entity. (5) Discourage any Chinese military presence on the premises of any industrial cooperation projects which involve dual-use technologies. (6) Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the International Labor Organization's office in Beijing. (7) Provide the Department of State with information relevant to the Department's efforts to collect information on prisoners for the purposes of the Prisoner Information Registry, and for other reporting purposes. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the industrial cooperation project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on the free flow of information. (10) Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children; and prohibit compulsory population control activities on the premises of the industrial cooperation project. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles set forth in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. (d) Registration Requirement.-- (1) In general.--Each United States national conducting an industrial cooperation project in the People's Republic of China shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles set forth in subsection (b). No fee shall be required for registration under this subsection. (2) Preference for participation in trade missions.--The Secretary of Commerce shall consult the register prior to the selection of private sector participants in any form of trade mission to China, and undertake to involve those United States nationals that have registered their adoption of the principles set forth above. (e) Definitions.--As used in this section-- (1) the term ``industrial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (2) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, or other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands. SEC. 7. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, AGRICULTURAL, MILITARY, LEGAL, POLITICAL, AND ARTISTIC EXCHANGES BETWEEN THE UNITED STATES AND CHINA. (a) Exchanges Between the United States and China.--Agencies of the United States Government which engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges shall endeavor to initiate or expand such exchange programs with regard to China. (b) Legislative Exchange Program.--It is the sense of the Congress, that the Speaker of the House and the Majority Leader of the Senate should establish a legislative exchange program with the National Peoples Congress of China. (c) Sense of Congress.--It is the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. SEC. 8. DENIAL OF ENTRY INTO THE UNITED STATES OF CERTAIN CHINESE GOVERNMENT APPLICANTS. (a) Denial of Entry.--Except as provided in subsection (b), the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any national of the People's Republic of China where a consular officer or the Attorney General knows or has reasonable grounds to believe-- (1) the applicant has been materially involved in the commission of human rights violations, as defined in subsection (c), within the People's Republic of China; or (2) the applicant has been materially involved in the proliferation of conventional or nuclear weapons technology, or other sensitive or dual-use technologies, in contravention of United States interests. (b) Waiver.-- (1) In general.--Subject to paragraph (2), the President may waive the applicability of subsection (a) with respect to any applicant otherwise covered by that paragraph if the President determines that the waiver with respect to the applicant is in the national interest of the United States. (2) Notice.-- (A) Requirement.--The President may not exercise the authority provided in paragraph (1) with respect to an applicant unless the President submits to Congress a written notification of the exercise of the authority. (B) Contents.--Notices of the exercise of waiver authority shall include-- (i) a statement of the activities of the applicant which triggered the application of this statute; and (ii) an explicit statement detailing the policy reasons and factual bases for the finding that the issuance of a visa to the applicant at issue is in the national interest of the United States. (C) Other reports.--The Secretary of State, in consultation with the Attorney General, shall provide to the Congress, not later than March 1 of each calendar year following the enactment of this statute, a report concerning the application of this provision. This report should include information on all instances in which this statute was triggered by an applicant and the subsequent disposition of the application. (c) Definitions.--For the purposes of this Act, the term ``human rights violations'' means actions which are in contravention of the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights, including, but not limited to, material involvement in the suppression of the free practice of religion, the creation and implementation of coercive family planning policies or the massacre of nonviolent demonstrators in Tiananmen Square on June 4, 1989. SEC. 9. SENSE OF CONGRESS CONCERNING ESTABLISHMENT OF A COMMISSION ON SECURITY AND COOPERATION IN ASIA. It is the sense of the Congress that Congress, the President, and the Secretary of State should work with the governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe.

China Human Rights and Democracy Act of 1997 - Authorizes appropriations for International Broadcasting Activities only for broadcasting to China. Earmarks funds for: (1) capital expenditures for the purchase and construction of transmission facilities; and (2) Radio Free Asia. (Sec. 2) Expresses the sense of the Congress that U.S. international broadcasting through Radio Free Asia and Voice of America should be increased to provide continuous 24-hour broadcasting in multiple languages and dialects, including Mandarin, Cantonese, Tibetan, and Uighur. (Sec. 3) Authorizes appropriations to the National Endowment for Democracy, and directs the Secretary of State to use funds available in the East Asia-Pacific Regional Democracy Fund, to promote democracy, civil society, and the development of the rule of law in China. (Sec. 4) Directs the Secretary to report annually to specified congressional committees on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Directs the Secretary to: (1) establish a Prisoner Information Registry for China; and (2) assign not less than six foreign service officers to the U.S. Embassy and consular offices in China to monitor and report on human rights matters in China. (Sec. 5) Requires specified reports to the Congress on Chinese intelligence activities against U.S. interests and on commercial enterprises affiliated with the Chinese military. (Sec. 6) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles. Declares that such nationals should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects; (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project; (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) strive to establish a private business enterprise when involved in an industrial cooperation project with China or other state entity; (5) discourage any military presence on the premises of projects which involve dual-use technologies; (6) promote freedom of association and assembly among the U.S. national's employees; (7) provide the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises; (9) promote freedom of expression of all kinds; and (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Requires the Secretary of Commerce to give preference to U.S. nationals that have adopted such principles when selecting participants for trade missions in China. (Sec. 7) Requires the promotion of cultural, educational, scientific, agricultural, military, legal, political, and artistic exchanges between the United States and China. Expresses the sense of the Congress that: (1) the Speaker of the House and the Majority Leader of the Senate should establish a legislative exchange program with China; and (2) a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. (Sec. 8) Prohibits the Secretary from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national that has been materially involved in: (1) the commission of human rights violations; or (2) the proliferation of conventional or nuclear weapons technology, or other sensitive or dual-use technologies, in contravention of U.S. interests. Provides for waiver of such requirements in the U.S. national interest. (Sec. 9) Expresses the sense of the Congress that the Congress, the President, and the Secretary should work with the governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe.

China Human Rights and Democracy Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fueling America's Future Act of 2014''. SEC. 2. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) Repeal of Limitation for Zero Carbon Emission Fuel.--Paragraph (6) of section 30C(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Special rule for zero carbon emission refueling property.--In the case of any property relating to zero- emission fuel, subsection (b) shall not apply.''. (b) Extension for Zero Carbon Emission Fuel.--Subsection (g) of section 30C of such Code is amended by striking ``and'' at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: ``(2) in the case of any property relating to zero carbon emission fuel, after December 31, 2024, and''. (c) Zero Carbon Emission Fuel.--Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph: ``(7) Zero carbon emission fuel.--For purposes of this section, the term `zero carbon emission fuel' means any fuel that does not emit carbon when used as fuel to propel a motor vehicle (including electricity, hydrogen, or any other zero- tailpipe emission producing fuel, as determined by the Secretary of Energy for purposes of this section).''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. TAX HOLIDAY FOR BUSINESSES PLACING IN SERVICE ZERO CARBON EMISSION REFUELING PROPERTY. Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139F. ZERO CARBON EMISSION REFUELING PROPERTY. ``(a) In General.--In the case of any taxpayer who-- ``(1) is engaged in the trade or business of storing and dispensing fuel into the fuel tanks of motor vehicles propelled by such fuel, ``(2) with respect to such trade or business places in service any qualified alternative fuel vehicle refueling property which stores and dispenses zero carbon emission fuel, and ``(3) elects the application of this section, gross income shall not include any income derived from such trade or business (including any income derived from any activities ancillary to such trade or business and carried on for the convenience of customers refueling motor vehicles) during the 1-year period beginning on the date such property was placed in service. ``(b) Special Rules and Definitions.-- ``(1) Point-of-sale charger access fee.-- ``(A) In general.--For purposes of subsection (a), in the case of any qualified alternative fuel vehicle refueling property the only consideration for the use of which is allocable to a portion of the purchase price of a vehicle paid at the point of sale of such vehicle, the taxpayer may elect to treat such allocable portion as the only gross income derived from the trade or business of storing and dispensing fuel into the fuel tanks of motor vehicles. ``(B) Limitation.--Subparagraph (A) shall only apply with respect to any portion of the purchase price of a vehicle the original use of which commences with the purchaser and which is acquired for use or lease by such purchaser and not for resale. ``(2) Coordination with alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C with respect to any taxable year of the taxpayer during which an election is in effect under this section. ``(3) Special rule for electric vehicle supply equipment.-- This section shall not apply with respect to qualified fuel vehicle refueling property that dispenses electricity unless such property utilizes a DC Fast Charge or technologically equivalent or superior system capable of replenishing at least 150 miles of electric-only range in not more than 30 minutes. ``(4) Qualified alternative fuel vehicle refueling property; zero carbon emission fuel.--For purposes of this section, the terms `qualified alternative fuel vehicle refueling property' and `zero carbon emission fuel' shall have the respective meanings given such terms in section 30C. ``(5) Election.--A taxpayer (including any successor in interest) may only elect the application of this section once. ``(c) Termination.--This section shall not apply to any property placed in service after December 31, 2024.''.

Fueling America's Future Act of 2014 - Amends the Internal Revenue Code, with respect to the tax treatment of zero carbon emission refueling property, to: (1) exempt the tax credit for such property from the limitation applicable to the alternative fuel vehicle refueling property tax credit; (2) extend through December 31, 2024, the termination date of the alternative fuel vehicle refueling property tax credit allowed for zero carbon emission refueling property; and (3) exclude from gross income, for income tax purposes, income derived from the operation of zero carbon emission refueling property placed in service prior to 2025. Defines "zero carbon emission fuel" as any fuel that does not emit carbon when used as a fuel to propel a motor vehicle.

Fueling America's Future Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Curt Flood Act of 1998''. SEC. 2. PURPOSE. It is the purpose of this legislation to state that major league baseball players are covered under the antitrust laws (i.e., that major league baseball players will have the same rights under the antitrust laws as do other professional athletes, e.g., football and basketball players), along with a provision that makes it clear that the passage of this Act does not change the application of the antitrust laws in any other context or with respect to any other person or entity. SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE BASEBALL. The Clayton Act (15 U.S.C. Sec. 12 et seq.) is amended by adding at the end the following new section: ``Sec. 27. (a) Subject to subsections (b) through (d), the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball directly relating to or affecting employment of major league baseball players to play baseball at the major league level are subject to the antitrust laws to the same extent such conduct, acts, practices, or agreements would be subject to the antitrust laws if engaged in by persons in any other professional sports business affecting interstate commerce. ``(b) No court shall rely on the enactment of this section as a basis for changing the application of the antitrust laws to any conduct, acts, practices, or agreements other than those set forth in subsection (a). This section does not create, permit or imply a cause of action by which to challenge under the antitrust laws, or otherwise apply the antitrust laws to, any conduct, acts, practices, or agreements that do not directly relate to or affect employment of major league baseball players to play baseball at the major league level, including but not limited to-- ``(1) any conduct, acts, practices, or agreements of persons engaging in, conducting or participating in the business of organized professional baseball relating to or affecting employment to play baseball at the minor league level, any organized professional baseball amateur or first-year player draft, or any reserve clause as applied to minor league players; ``(2) the agreement between organized professional major league baseball teams and the teams of the National Association of Professional Baseball Leagues, commonly known as the `Professional Baseball Agreement', the relationship between organized professional major league baseball and organized professional minor league baseball, or any other matter relating to organized professional baseball's minor leagues; ``(3) any conduct, acts, practices, or agreements of persons engaging in, conducting or participating in the business of organized professional baseball relating to or affecting franchise expansion, location or relocation, franchise ownership issues, including ownership transfers, the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball and the licensing of intellectual property rights owned or held by organized professional baseball teams individually or collectively; ``(4) any conduct, acts, practices, or agreements protected by Public Law 87-331 (15 U.S.C. Sec. 1291 et seq.) (commonly known as the `Sports Broadcasting Act of 1961'); ``(5) the relationship between persons in the business of organized professional baseball and umpires or other individuals who are employed in the business of organized professional baseball by such persons; or ``(6) any conduct, acts, practices, or agreements of persons not in the business of organized professional major league baseball. ``(c) Only a major league baseball player has standing to sue under this section. For the purposes of this section, a major league baseball player is-- ``(1) a person who is a party to a major league player's contract, or is playing baseball at the major league level; or ``(2) a person who was a party to a major league player's contract or playing baseball at the major league level at the time of the injury that is the subject of the complaint; or ``(3) a person who has been a party to a major league player's contract or who has played baseball at the major league level, and who claims he has been injured in his efforts to secure a subsequent major league player's contract by an alleged violation of the antitrust laws: Provided however, That for the purposes of this paragraph, the alleged antitrust violation shall not include any conduct, acts, practices, or agreements of persons in the business of organized professional baseball relating to or affecting employment to play baseball at the minor league level, including any organized professional baseball amateur or first-year player draft, or any reserve clause as applied to minor league players; or ``(4) a person who was a party to a major league player's contract or who was playing baseball at the major league level at the conclusion of the last full championship season immediately preceding the expiration of the last collective bargaining agreement between persons in the business of organized professional major league baseball and the exclusive collective bargaining representative of major league baseball players. ``(d)(1) As used in this section, `person' means any entity, including an individual, partnership, corporation, trust or unincorporated association or any combination or association thereof. As used in this section, the National Association of Professional Baseball Leagues, its member leagues and the clubs of those leagues, are not `in the business of organized professional major league baseball'. ``(2) In cases involving conduct, acts, practices, or agreements that directly relate to or affect both employment of major league baseball players to play baseball at the major league level and also relate to or affect any other aspect of organized professional baseball, including but not limited to employment to play baseball at the minor league level and the other areas set forth in subsection (b), only those components, portions or aspects of such conduct, acts, practices, or agreements that directly relate to or affect employment of major league players to play baseball at the major league level may be challenged under subsection (a) and then only to the extent that they directly relate to or affect employment of major league baseball players to play baseball at the major league level. ``(3) As used in subsection (a), interpretation of the term `directly' shall not be governed by any interpretation of section 151 et seq. of title 29, United States Code (as amended). ``(4) Nothing in this section shall be construed to affect the application to organized professional baseball of the nonstatutory labor exemption from the antitrust laws. ``(5) The scope of the conduct, acts, practices, or agreements covered by subsection (b) shall not be strictly or narrowly construed.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Curt Flood Act of 1998 - Amends the Clayton Act to declare that the antitrust laws apply to the conduct, acts, practices, or agreements (conduct) of persons in the business of organized professional major league baseball relating to or affecting employment of major league baseball players to play baseball at the major league level to the same extent that such laws apply to such conduct of any other professional sports business affecting interstate commerce. Grants standing to sue under this Act only to a major league baseball player, as defined by this Act. Specifies that in cases involving conduct that directly relates to or affects both employment of major league baseball players to play baseball at the major league level and any other aspect of organized professional baseball, only those components, portions, or aspects of such conduct that directly relate to or affect employment of major league baseball players to play baseball at the major league level may be challenged under this Act.

Curt Flood Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Preservation Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Depository institutions and affiliates of depository institutions currently may control and lease foreclosed property for a limited period of time often subject to safety and soundness considerations, under various Federal laws and the law of some States. (2) Authorizing such institutions and affiliates to enter into a long-term lease with the occupant of the property or any other person would reduce the number of residential properties entering into the housing inventory, which in turn would help to stabilize home values and restore confidence in the housing markets. (3) Allowing depository institutions and affiliates of such institutions to lease foreclosed property will allow the institution or affiliate to dispose of such property into a presumably more stable market at the end of the lease term which would reduce the loss the institution or affiliate may otherwise be required to recognize upon disposition of the property. (4) Providing a means for foreclosed property to remain occupied during the housing downturn will preserve the property itself as well as the aesthetic and economic values of neighboring homes and even whole neighborhoods. (5) Allowing depository institutions to lease foreclosed property gives families the opportunity to remain in the home, causing less disruption to families, until they have the means to become a homeowner again. SEC. 3. BANK LEASING OF FORECLOSED PROPERTIES. (a) In General.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(y) Leasing of Foreclosed Property.-- ``(1) Leasing authorized.--Notwithstanding any provision of Federal or State law restricting the time during which a depository institution, or any affiliate of a depository institution, may hold or lease property, or any provision of Federal or State law prohibiting a depository institution, or any affiliate of a depository institution, from leasing property and subject to this subsection and regulations prescribed under this subsection, any depository institution, and any affiliate of a depository institution, may lease to any individual, including a lease with an option to purchase, for not to exceed 5 years an interest in residential property which-- ``(A) was or is security for an extension of credit by such depository institution or affiliate; and ``(B) came under the ownership or control of the depository institution or affiliate through foreclosure, or a deed in lieu of foreclosure, on the extension of credit. ``(2) Safety and soundness regulations.--The Federal banking agencies shall jointly prescribe regulations which-- ``(A) establish criteria and minimum requirements for the leasing activity of any depository institution or affiliate of a depository institution, including minimum capital requirements, that the agency determines to be appropriate for the preservation of the safety and soundness of the institution or affiliate; ``(B) establish requirements or exceptions that the agency determines are appropriate under this subsection for any such institution or affiliate for any other purpose; and ``(C) provide for appropriate actions under section 38 with respect to any such lease if necessary to protect the capital or safety and soundness of the institution or affiliate or any other necessary enforcement action. ``(3) Length of lease.--If any provision of any Federal or State law, including the Bank Holding Company Act of 1956, governing the permissible activities of depository institutions or affiliates of depository institutions permits a depository institution or any such affiliate to hold property as described in paragraph (1) for a period longer than 5 years, any lease under paragraph (1) may be extended to the extent permitted by such provision of law. ``(4) Sunset.--This section shall apply only with respect to leases entered into during the 2-year period beginning on the date of the enactment of the Neighborhood Preservation Act.''. (b) Intent of the Congress.--It is the intent of the Congress that-- (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies; and (2) subsection (y) of section 18 of the Federal Deposit Insurance Act should not apply to leases entered into after the sunset date contained in such subsection. Passed the House of Representatives July 29, 2009. Attest: LORRAINE C. MILLER, Clerk.

Neighborhood Preservation Act - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate); and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit. Directs the federal banking agencies to jointly prescribe specified safety and soundness regulations, including minimum capital requirements for such institutions or affiliates. Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits. States this Act applies only to leases entered into during the two-year period beginning on the date of the enactment of this Act. States the intent of the Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies; and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such two-year period.

To amend the Federal Deposit Insurance Act to authorize depository institutions and depository institution holding companies to lease foreclosed property held by such institutions and companies for up to 5 years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Management Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Agency. (2) Agency.--The term ``Agency'' means the Federal Emergency Management Agency. (3) National advisory council.--The term ``National Advisory Council'' means the National Advisory Council of the Agency. SEC. 3. COMPREHENSIVE STUDY OF DISASTER LOSSES AND FEDERAL DISASTER ASSISTANCE. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall commence, acting through the National Advisory Council, a comprehensive study relating to disaster losses and Federal disaster assistance. (b) Additional Membership.--For the purposes of the comprehensive study required under subsection (a), as soon as practicable after the date of enactment of this Act, the Administrator shall ensure the National Advisory Council includes the following members: (1) Individuals who have the requisite technical knowledge and expertise on issues related to disaster costs and losses. (2) Representatives of the insurance industry. (3) Experts in and representatives of the construction and building industry. (4) Individuals nominated by national organizations representing State and local governments and personnel. (5) Academic experts. (6) Representatives of the private industry, such as vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services. (7) Other members, as the Administrator considers appropriate. (c) Consultation With Nonmembers.--For the purposes of the comprehensive study required under subsection (a), the National Advisory Council shall consult with other relevant agencies and entities that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including-- (1) entities engaged in federally funded research; and (2) academic institutions engaged in relevant work and research. (d) Study Requirements.--Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate disaster losses and Federal disaster assistance, including consideration of the following: (1) Trends and contributing factors.--An assessment of trends, and factors contributing to such trends, in disaster costs and losses and Federal disaster assistance, including the following: (A) Loss of life and injury. (B) Property damage and other costs to individuals, the private sector, and each level of government. (C) Presidentially declared disasters. (D) Disaster assistance available from all Federal sources. (2) Disaster roles and responsibility.--Fundamental principles that drive national disaster assistance decisionmaking, including the appropriate roles for each level of government, the private sector, and individuals. (e) Recommendations.--The National Advisory Council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver Federal disaster assistance, including consideration of the following: (1) Actions to enhance national disaster assistance decisionmaking. (2) Incentives, including tax incentives, to reduce disaster costs and losses and promote a more efficient and effective use of Federal disaster assistance. (3) Legislative proposals, including proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat. 49). (4) Legal, societal, geographic, technological, and other challenges to implementation of recommendations. (5) Projected dollar savings and efficiencies, including measures of effectiveness, from recommendations. (f) Report to Administrator and Congress.--Not later than 1 year after the National Advisory Council convenes under subsection (d), the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsections (d) and (e) to-- (1) the Administrator; (2) the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Homeland Security and Governmental Affairs of the Senate. (g) Availability of Information.--The Administrator shall make the data collected pursuant to this section publically available on the website of the Agency. SEC. 4. ACTION PLAN TO IMPROVE FIELD OPERATIONS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an action plan to improve field operations after a major disaster or emergency declaration by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191). (b) Requirements.--The report required in subsection (a) shall, at a minimum, include a plan with milestones and implementation timeframes, to address the following: (1) Improving the consistency of grant program guidance, including oral and written guidance, provided to applicants and potential applicants. (2) Enhancing record maintenance throughout the lifecycle of a disaster, including the maintenance and transfer of documents during staff transitions. (3) Improving technical and other support provided to applicants and grantees to reduce their administrative burden and management costs. (4) Implementing new technologies to educate and assist applicants, and continuously inform applicants on the status of their disaster assistance applications and projects. SEC. 5. SIMPLIFIED PROCEDURE PILOT. (a) Pilot Program.--Not later than 120 days after the enactment of this Act, the Administrator shall establish a pilot program that increases the simplified procedure threshold established under section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) for the purpose of determining whether such increase can facilitate a more efficient and effective delivery of assistance, without sacrificing oversight capabilities, for a major disaster or emergency declaration by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191). (b) Increase Threshold.--For emergency assistance and major disasters subject to the pilot program established under subsection (a), the simplified procedure threshold, as established under section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189), shall increase to not less than $500,000 and not more than $1,000,000. (c) Eligible Declarations.--A major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191) may be eligible for the pilot program established under subsection (a) if the declaration is made after the date of enactment of this Act. (d) Review.--The President, acting through the Administrator, shall-- (1) review the results of the pilot program established in subsection (a) and determine whether the increase in the simplified procedure threshold facilitated a more efficient and effective delivery of assistance, without sacrificing oversight capabilities, for a major disaster or emergency declaration under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); and (2) not later than January 31, 2020, report the results of the review required in paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (e) Sunset.-- (1) In general.--Except as provided in paragraph (2), a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191) shall not be eligible for the pilot program established under subsection (a) if the declaration is made after January 31, 2020. (2) Exception.--If the Administrator, based on the review conducted under subsection (d), determines that an increase in the simplified procedure threshold can facilitate a more efficient and effective delivery of assistance for emergencies and major disasters, the date in paragraph (1) may be extended to April 30, 2020, for the purpose of promulgating regulations to increase the simplified procedure threshold. (f) Technical and Conforming Amendment.--Section 422(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189(b)) is amended by striking paragraph (3) and inserting the following: ``(3) Review.--Not later than January 31, 2020, and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section.''. (g) Applicability of Other Law.--In carrying out this section, the Administrator shall not be subject to the requirements of-- (1) section 553 of title 5, United States Code; (2) chapter 6 of title 5, United States Code; or (3) subchapter I of chapter 35 of title 44, United States Code. SEC. 6. MANAGEMENT COSTS PILOT. (a) Pilot Program.--Not later than 120 days after the date of enactment of this Act, the Administrator shall establish a pilot program that modifies the management cost rates established under section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) for the purpose of determining whether such modifications can facilitate a more efficient and effective administration of disaster assistance grants for a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191). (b) Specific Management Costs.--For grantees and subgrantees subject to the pilot program established under subsection (a), the Administrator shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs: (1) Hazard mitigation.--A grantee under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) may be reimbursed not more than 15 percent of the total amount of the grant award under such section 404, of which not more than 10 percent may be used by the grantee and not more than 5 percent may be used by the subgrantee for such costs. (2) Public assistance.--A grantee under sections 403, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, or 5192) may be reimbursed not more than 10 percent of the total award amount under such section 403, 406, 407, or 502, of which not more than 6 percent may be used by the grantee and not more than 4 percent may be used by the subgrantee for such costs. (c) Eligible Declarations.--A major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191) may be eligible for the pilot program established under subsection (a) if the declaration is made after the date of enactment of this Act. (d) Review.--The President, acting through the Administrator, shall-- (1) review the results of the pilot program established under subsection (a) and determine whether the modifications to the management cost rates in subsection (b) facilitated a more efficient and effective administration of disaster assistance grants for a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); and (2) not later than January 31, 2020, report the results of the review required under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (e) Sunset.-- (1) In general.--Except as provided in paragraph (2), a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191) shall not be eligible for the pilot program established under subsection (a) if the declaration is made after January 31, 2020. (2) Exception.--If the Administrator, based on the review conducted under subsection (d), determines that the modifications to management cost rates in subsection (b) can facilitate a more efficient and effective administration of disaster assistance grants for a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191), the date in paragraph (1) may be extended to April 30, 2020, for the purpose of promulgating regulations to modify management cost rates. (f) Technical and Conforming Amendment.--Section 324(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b(a)) is amended by striking ``any administrative expense, and any other expense not directly chargeable to'' and inserting ``direct administrative cost, and any other administrative expense associated with''. (g) Applicability of Other Law.--In carrying out this section, the Administrator shall not be subject to the requirements of-- (1) section 553 of title 5, United States Code; (2) chapter 6 of title 5, United States Code; or (3) subchapter I of chapter 35 of title 44, United States Code.

Disaster Management Act of 2016 This bill requires the National Advisory Council of the Federal Emergency Management Agency (FEMA) to commence a comprehensive study relating to disaster losses and federal disaster assistance. The council shall consider: (1) an assessment of trends in disaster costs and losses and federal disaster assistance and factors contributing to such trends; and (2) fundamental principles that drive national disaster assistance decision-making. The council shall: (1) develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver federal disaster assistance; and (2) report to FEMA and Congress on its data, analysis, and recommendations. FEMA shall submit a report that includes an action plan to improve field operations after a major disaster or emergency declaration by the President. FEMA shall establish: (1) a pilot program that increases the amount threshold for use of the simplified procedure for providing assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the purpose of determining whether such increase can facilitate a more efficient and effective delivery of assistance, without sacrificing oversight capabilities, for a major disaster or emergency declaration by the President; and (2) a pilot program that modifies the management cost rates used to determine contributions under such Act for management costs for the purpose of determining whether such modifications can facilitate a more efficient and effective administration of disaster assistance grants for a major disaster or emergency.

Disaster Management Act of 2016

That this Act may be cited as the ``Hispanic American Affairs Act of 1993''. statement of purpose Sec. 2. It is the purpose of this Act to-- (1) assure that Federal programs and resources are reaching all Mexican Americans, Puerto Rican Americans, Cuban Americans, and all other Hispanic Americans and are providing the assistance needed by such individuals; (2) assure that the laws, policies, and practices of the Federal Government provide equal opportunities for Hispanic Americans in all areas, including the areas of employment, education, health, housing, community development, economic development, and grant and contract procurement; and (3) seek out and develop new programs and resources that may be necessary to handle problems that are unique to Hispanic Americans. establishment of office Sec. 3. There is established in the Executive Office of the President the Office of Hispanic American Affairs (hereinafter referred to as the ``Office''). The Office shall be headed by a Director (hereinafter referred to as the ``Director'') who shall be appointed by the President, by and with the advice and consent of the Senate. duties of the director Sec. 4. (a) The Director shall-- (1) advise Federal departments and agencies regarding appropriate action to be taken to help assure that Federal programs are providing the assistance needed by Hispanic Americans; (2) advise Federal departments and agencies on the development and implementation of comprehensive and coordinated policies, plans, and programs which focus on the special problems and needs of Hispanic Americans including economic development, education, housing, and health care programs and advise such departments and agencies on the priorities of such policies, plans, and programs; (3) advise and assist Hispanic American groups and individuals in receiving assistance available under law; (4) establish and maintain a Hispanic American information clearinghouse which shall collect, analyze, and disseminate information concerning the social and economic conditions encountered by Hispanic individuals; (5) carry out the functions relating to equal employment opportunity for Hispanic Americans transferred to the Director under section 8; and (6) appraise the laws, policies, and performance of the Federal Government with respect to the achievement or denial of equal opportunities for Hispanic Americans, and report such appraisal annually to the President and the Congress in the report required under section 11. (b) In carrying out the functions of the Director, the Director may-- (1) conduct, directly or by grant or contract, such surveys, studies, research, and demonstration and technical assistance projects; (2) establish such relationships with State and local governments and the private sector as may be appropriate; and (3) promote the participation of State and local governments and the private sector as may be appropriate to identify and assist in solving the special problems of Hispanic Americans. (c) The Director shall utilize the Special Assistants for Hispanic American Affairs established in each Federal department or agency under section 12 to carry out the functions transferred under section 8. advisory task forces Sec. 5. (a) The Director may appoint one or more advisory task forces from among persons who are representative of and involved in the affairs of the Mexican American, Puerto Rican American, and Cuban American communities, and of other elements of the Hispanic American community. Each such task force shall-- (1) advise the Director with respect to the functions of the Director under this Act; (2) be subject to the provisions of the Federal Advisory Committee Act; and (3) each year and at the time of completion of work of the task force, transmit to Congress and the President a report concerning the activities of the task force. (b) Each member of an advisory task force appointed under subsection (a) who is not otherwise employed by the United States Government shall receive compensation at a rate equal to the daily maximum rate prescribed for a position above GS-15 under the General Schedule under section 5108 of title 5, United States Code, for each day, including traveltime, such member is engaged in the actual performance of duties as a member of a task force. A member of a task force who is an officer or employee of the United States Government shall serve without additional compensation. All members of a task force shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. (c) The Director shall provide staffing and support to any task force appointed under subsection (a) in order to assist the members of the task force in carrying out their duties. administrative provisions Sec. 6. (a) In carrying out the provisions of this Act, the Director is authorized-- (1) to appoint such personnel as the Director considers necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and to pay such personnel 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; (2) to employ experts and consultants in accordance with the provisions of section 3109 of such title, at rates of pay which do not exceed the maximum rate prescribed for a position above GS-15 of the General Schedule under section 5108 of such title; (3) to promulgate such rules, regulations, and procedures as may be necessary to carry out the functions of the Office, and to delegate authority for the performance of any function to any officer or employee of the Office under the direction and supervision of the Director; (4) to utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal departments and agencies and of State, local, and private agencies and instrumentalities, with or without reimbursement therefor; (5) to enter into agreements with other Federal departments and agencies as may be appropriate; (6) to operate such regional offices as may be necessary to carry out the provisions of this Act; (7) without regard to the provisions of section 3324 of title 31, United States Code, to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the functions of the Office, with any public agency or with any person, and make payments (in advance, by transfer, or otherwise) and grants to any public agency or private nonprofit organization; (8)(A) to accept voluntary and uncompensated services, without regard to the provisions of section 1342 of title 31, United States Code; (B) to accept volunteer service in accordance with section 3111 of title 5, United States Code; and (9) to request such information, data, and reports from any Federal department or agency as the Director may from time to time require and as may be produced consistent with other law. (b) Upon request of the Director, the head of each Federal department or agency shall promptly make the services, equipment, personnel, facilities, and information of the department or agency (including suggestions, estimates, and statistics) available to the Office to the greatest extent practicable. (c) Upon request of the Director, the head of each Federal department or agency shall promptly detail any of the personnel of the department or agency to the Office. Any such detail shall be made on a reimbursable basis. coordination Sec. 7. In carrying out the provisions of this Act, the Director shall provide leadership and coordination for all Federal departments and agencies, particularly the offices established under section 12, and shall provide such guidance to Federal departments and agencies as the President determines is appropriate in implementing this Act. Each department or agency shall issue appropriate rules and regulations to further the purposes of this Act. transfers of functions from the office of personnel management Sec. 8. All functions of the Office of Personnel Management under section 717 of the Civil Rights Act of 1964 and Executive Order 11478, issued August 8, 1969, which the Director of the Office of Management and Budget determines relate to equal employment opportunity for Hispanic individuals, commonly known as the Hispanic Employment Program, are transferred to the Director. transfer of personnel and property Sec. 9. (a) All personnel, liabilities, contracts, property, and records as are determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with any function transferred under this Act, are transferred to the Office. (b)(1) Except as provided in paragraph (2), personnel engaged in functions transferred under this Act shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions. (2) The transfer of personnel pursuant to subsection (a) shall be without reduction in classification or compensation for one year after such transfer. transfer matters Sec. 10. (a) All laws relating to any office, agency, or function transferred under this Act shall, insofar as such laws are applicable, remain in full force and effect. All orders, determinations, rules, and regulations made or issued in connection with any function transferred by this Act, and in effect at the time of the transfer, shall continue in effect to the same extent as if such transfer had not occurred, until modified, superseded, or repealed. (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before any agency, or part thereof, functions of which are transferred by this Act, but such proceedings, to the extent that they relate to functions so transferred shall be continued before the Office. (c) No action or other proceeding commenced by or against any office or agency or any officer of the United States acting in the official capacity of such officer shall abate by reason of any transfer made pursuant to this Act, but the court, on any motion or supplemental petition filed at any time within twelve months after such transfer takes effect which shows a necessity for the survival of such action or other proceeding to obtain a settlement of the question involved, may allow the action or proceeding to be maintained by or against the appropriate office or agency or officer of the United States. annual report Sec. 11. Within six months after the end of each fiscal year, the Director shall submit a report to the President and the Congress concerning the activities of the Office during the preceding fiscal year. Such report shall include the appraisal of Federal performance in achieving equal opportunity for Hispanic Americans required under section 4(a)(6) and recommendations for legislative action relating to the achievement of the purposes of this Act. offices in various executive agencies Sec. 12. (a) The President shall establish and maintain an Office of Hispanic American Affairs in the following Federal departments and agencies: (1) the Department of State; (2) the Department of Treasury; (3) the Department of Defense and each military department; (4) the Department of Justice; (5) the Department of the Interior; (6) the Department of Agriculture; (7) the Department of Commerce; (8) the Department of Labor, including programs of the Office of Federal Contract Compliance; (9) the Department of Health and Human Services; (10) the Department of Housing and Urban Development; (11) the Department of Transportation; (12) the Department of Energy; (13) the Department of Education; (14) the Department of Veterans' Affairs; (15) the Office of Personnel Management; (16) the Federal Communications Commission; (17) the Small Business Administration; (18) the National Aeronautics and Space Administration; (19) the National Science Foundation; (20) the Federal Home Loan Bank Board; (21) the Equal Employment Opportunity Commission; (22) the Postal Rate Commission; (23) the Environmental Protection Agency; (24) the General Services Administration; (25) the United States Postal Service; and (26) such other Federal departments or agencies as the President may designate. (b) Each Office of Hispanic American Affairs established under subsection (a) shall be headed by a Special Assistant for Hispanic American Affairs, who shall be appointed by the head of the Federal department or agency in which the office is located. The Special Assistant for Hispanic American Affairs designated within each department or agency shall assist the Director in carrying out within each department or agency the functions transferred under section 8. (c) The Special Assistant for Hispanic American Affairs of each department or agency may participate in all policy planning and development for all programs of the department or agency to insure the consideration of factors impacting on the various Hispanic communities. The head of each Federal department or agency shall insure the participation of the Special Assistant for Hispanic American Affairs in the review of all pertinent and relevant rules, regulations, and guidelines, and other management directives to assure that the laws, policies, and practices of the Federal Government are providing equal opportunities for Hispanics in all areas, including the areas of education, health, housing, community development, economic development, grant and contract procurement, and employment. The Special Assistant for Hispanic American Affairs shall make recommendations to the head of the Federal department or agency concerning problems and special needs that are unique to Hispanics, and shall be available to advise and assist Hispanic groups and individuals who seek assistance or services from the department or agency. duties of the secretary of commerce Sec. 13. The Secretary of Commerce shall take necessary steps to insure that existing information clearinghouse functions within the Department of Commerce encompass the collection and dissemination of information in easily accessible form concerning the social, economic, employment, health, and housing needs and conditions of the Hispanic population of the Nation. ban on partisan political activities Sec. 14. No funds authorized to carry out this Act shall be used to finance any activities designed to influence the outcome of any election to Federal office or any voter registration activity, or to pay the salary of the chairperson or any employee of a political committee after the date on which such persons engage in such activity, as determined by the Office of Personnel Management. For the purposes of this section, the term ``election'' has the same meaning as in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1)), the term ``Federal office'' has the same meaning as in section 301(3) of such Act (2 U.S.C. 431(3)), and the term ``political committee'' has the same meaning as in section 301(4) of such Act (2 U.S.C. 431(4)). limitation on contract authority Sec. 15. The authority of the Director to enter into contracts under this Act shall be to such extent or in such amounts as are provided in appropriation Acts. compensation of director Sec. 16. Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following: ``Director, Office of Hispanic American Affairs.''. authorization of appropriations Sec. 17. There are authorized to be appropriated such sums as may be necessary to carry out this Act. effective date Sec. 18. The provisions of this Act shall take effect upon the date of enactment of this Act, except that the provisions of sections 8 through 10 shall take effect on the date which is 60 days after the date of enactment of this Act or on such earlier date as the President shall specify by Executive order.

Hispanic American Affairs Act of 1993 - Establishes in the Executive Office of the President the Office of Hispanic American Affairs to be headed by a Director. Makes it the duty of the Director to advise Federal departments and agencies regarding, and assist Hispanic Americans in receiving, the various types of assistance available under law for Hispanic Americans. Requires the Director to establish a Hispanic American information clearinghouse and carry out transferred functions relating to equal employment opportunity for Hispanic Americans. Mandates annual reports by the Director to the President and the Congress appraising equal opportunities for Hispanic Americans. Requires the President to establish an Office of Hispanic American Affairs (to be headed by a Special Assistant for Hispanic American Affairs) in various specified executive departments and agencies. Makes these Special Assistants responsible for advising and assisting American Hispanics who seek assistance or services from the department or agency. Requires the Secretary of Commerce to take necessary steps to insure that existing information clearinghouse functions within the Department of Commerce encompass the collection and dissemination of information related to the needs of Hispanic Americans. Authorizes appropriations.

Hispanic American Affairs Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect the Homeland from North Korean and Iranian Ballistic Missiles Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Constitution indicates one of the first purposes of government is to provide for the defense of the American people. (2) North Korea continues to develop the Taepo Dong 2 long- range missile. (3) The United States intelligence community estimated that the Taepo Dong 2, when fully developed, could threaten the entire continental United States with a ballistic missile. (4) North Korea tested the Taepo Dong 2 missile over the Sea of Japan on July 4, 2006, in defiance of warnings from the United States, Japan, South Korea, and the People's Republic of China. (5) North Korea, in violation of United Nations Security Council Resolutions 1695 and 1718, launched a long range ballistic missile on April 5, 2009. This test demonstrates that North Korean long range ballistic missiles can now reach South Korea, Japan, and Guam and can travel 2,000 miles over Japan into the Pacific Ocean. (6) North Korea ordered inspectors out of the country and walked away from the 6 party talks on April 14, 2009. (7) North Korea has deployed the Musudan intermediate range ballistic missile which can threaten Okinawa and Guam, 200 No Dong missiles which can reach Japan, and 600 Scud missiles which threaten South Korea. (8) On April 29, 2009, North Korea threatened to conduct a nuclear test and an intercontinental ballistic missile unless the United Nations Security Council apologized for imposing sanctions against North Korea. (9) North Korea, in violation of United Nations Security Council resolution 1718, conducted a nuclear test on May 25, 2009. (10) North Korea's missile launch and nuclear test demonstrate present international diplomatic efforts are not sufficient to deter North Korea from developing, deploying, and launching missiles or developing nuclear technology. (11) North Korea has test-fired six short-range missiles off the country's east coast since the May 25, 2009, nuclear test. (12) Recently North Korea has asserted it is no longer bound by the armistice which ended the Korean War and has threatened war against the United States, South Korea, and Japan. (13) North Korea leads the world in missile proliferation. (14) North Korea is known to share ballistic missile technology with other weapons proliferating nations such as Iran. (15) North Korea aided Syria with its nuclear program. (16) The Director of the Missile Defense Agency said on June 9, 2009, ``The United States has fine-tuned its ability to shoot down long-range missiles that could be launched by North Korea based on a trio of tests mimicking such an attack.''. (17) On February 3, 2009, the Government of Iran successfully launched its first satellite into orbit--an act in direct violation of United Nations Security Council Resolution 1737. (18) General Maples, Director of the Defense Intelligence Agency, recently said, ``Iran's February 3, 2009, launch of the Safir space launch vehicle shows progress in mastering technology needed to produce ICBMs.''. (19) On April 5, 2009, President Barack Obama said, ``So let me be clear: Iran's nuclear and ballistic missile activity poses a real threat, not just to the United States, but to Iran's neighbors and our allies.''. (20) On May 19, 2009, the Government of Iran test-fired a new two-stage, medium-range, solid fuel, surface-to-surface missile, which can reach Europe, Israel, and United States forces deployed in the Persian Gulf Region. SEC. 3. STATEMENT OF POLICY REGARDING NORTH KOREA'S AND IRAN'S LONG- RANGE BALLISTIC MISSILE TECHNOLOGY. Congress-- (1) acknowledges that North Korea's and Iran's long-range ballistic missile technology is improving and could be used to deliver chemical, biological, or nuclear weapons; (2) expresses concern that North Korea's and Iran's long- range ballistic missile technology poses a real threat to the United States homeland; (3) realizes missile delivery technology and warheads could be passed along to state and non-state actors; and (4) supports ballistic missile protection of United States allies and forward deployed forces but believes it should not come at the expense of the protection of the United States homeland. SEC. 4. DEPLOYMENT OF MISSILE DEFENSE INTERCEPTORS IN ALASKA AND CALIFORNIA. The Secretary of Defense shall deploy the following: (1) Not less than 40 ground-based interceptors at Fort Greely, Alaska. (2) Not less than 4 ground-based interceptors at Vandenberg Air Force Base, California. (3) Such number of ground-based interceptors at such other locations as the President determines appropriate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM. Funds are hereby authorized to be appropriated for fiscal year 2010 for the ground-based midcourse defense system of the Missile Defense Agency in the amount of $500,000,000.

Protect the Homeland from North Korean and Iranian Ballistic Missiles Act - States the concern of Congress over North Korean and Iranian long-range ballistic missile technology and the spread of such technology. Expresses support for ballistic missile protection of U.S. allies and forward deployed forces but also the belief that this should not come at the expense of U.S. homeland protection. Directs the Secretary of Defense to deploy specified numbers of ground-based interceptors in Alaska and California and such number in other locations as determined to be appropriate by the President. Authorizes funding for the ground-based midcourse defense system of the Missile Defense Agency.

To direct the Secretary of Defense to deploy ground-based interceptors as part of the missile defense system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Agency Accountability for Sexual Harassment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Any 1-year period.--The term ``any 1-year period''-- (A) means a continuous period that commences not earlier than 12 months before the commission of an offense or that ends not later than 12 months after the commission of the offense; and (B) may include time both before and after the commission of the offense. (2) Agent.--The term ``agent'' means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative. (3) Government agency.--The term ``government agency'' means a subdivision of the executive, legislative, or judicial branch, or another branch, of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government for the execution of a governmental or intergovernmental program or activity. (4) Local.--The term ``local'' means of or pertaining to a political subdivision within a State. (5) Program or activity.--The term ``program or activity'' means all of the operations of-- (A)(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (B)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (I) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (II) which is principally engaged in the business of providing health care, housing, social services, or parks and recreation; or (ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (C) any other entity which is established by 2 or more of the entities described in subparagraph (A) or (B), any part of which is extended Federal financial assistance. (6) State.--The term ``State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 3. SEXUAL HARASSMENT BY INDIVIDUALS ADMINISTERING PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE. (a) In General.--An individual who is an agent of an organization or government covered by subsection (b) and who administers a program or activity, shall not commit sexual harassment, as defined under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (b) Circumstance.--An organization or government described in this subsection is an organization, or a State or local government, including any government agency thereof, that receives, in any 1-year period, benefits in excess of $5,000 from a program or activity. (c) Organization Duties.--An organization or a government covered by subsection (b) shall terminate the agency relationship with an agent described in subsection (a) who engages in sexual harassment prohibited by such subsection. (d) Disclosure.--Any organization or government covered by subsection (b) that enters into any settlement resulting from sexual harassment prohibited under subsection (a) by an agent administering a program or activity, shall disclose the settlement, and any fines, penalties, damages, insurance premium increases, and other settlements resulting from sexual harassment by such agent, to-- (1) any Federal department or agency with whom the organization has an agreement for disbursing Federal financial assistance; and (2) the Members of Congress representing each State in which the agent administers the program or activity. SEC. 4. ENFORCEMENT. (a) In General.--Each Federal department and agency that is empowered to extend Federal financial assistance to any program or activity, by way of grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, is authorized and directed to effectuate the provisions of subsections (a) and (c) of section 3 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. (b) Compliance.-- (1) Violation by agent.--In order to effect compliance with any requirement adopted pursuant to this section, an agent who violates section 3(a) shall be liable to the Federal Government for a civil fine, notwithstanding any other provision of law. (2) Violation by organization or government.-- (A) Civil fine.--In order to effect compliance with any requirement adopted pursuant to this section, an organization or government that violates section 3(c) shall be liable to the Federal Government for a civil fine. (B) Termination of participation.--In the case of a violation of section 3(c) by an organization or government, the department or agency extending Federal financial assistance to the organization or government shall effect compliance by terminating, or refusing to grant or continue, assistance for such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program or activity, or part thereof, in which such noncompliance has been so found. (3) Other means.--In addition to the actions described in paragraphs (1) and (2), compliance with any requirement adopted pursuant to this section shall be effected by any other means authorized by law. (c) Process.--No action under subsection (b) shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House of Representatives and the Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. SEC. 5. STATE IMMUNITY. (a) State Immunity.--A State shall not be immune under the 11th Amendment to the Constitution from suit in Federal court for a violation of this Act. (b) Waiver.--A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to any suit brought for a violation of subsection (a) or (c) of section 3. SEC. 6. RULES OF CONSTRUCTION. (a) No Effect on Rights and Remedies for Sexual Harassment.-- Nothing in this Act affects any right, obligation, or liability under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other law, in a case involving sexual harassment. (b) No Duplication of Title IX.--Nothing in this Act (except for subsection (a)) shall be construed to apply to an organization or government described in section 3(b), including an agent of such an organization or government, if the organization or government is a recipient of Federal financial assistance from a program or activity covered by title IX of the Education Amendments of 1972.

Public Agency Accountability for Sexual Harassment Act - Prohibits sexual harassment (as defined under title VII of the Civil Rights Act of 1964) by any individual who is an agent of an organization or government and who administers a program or activity from which an annual benefit of more than $5,000 is derived. Requires such organization or government to terminate its relationship with an agent who engages in sexual harassment and to disclose the terms of any settlement resulting from an act of sexual harassment by an agent. Sets forth enforcement provisions and fines for violations of this Act. Declares that states shall not be immune under the Eleventh Amendment from suit in federal court for a violation of this Act and that states waive sovereign immunity by receiving federal assistance.

A bill to prohibit sexual harassment by individuals administering programs and activities receiving Federal assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Regulatory Sunset Act of 2014''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``covered rule'' means any rule or group of rules-- (A) for which an agency is required to prepare a regulatory flexibility analysis under section 603 or 604 of title 5, United States Code; and (B) that is a major rule; (3) the term ``major rule'' has the meaning given the term in section 804 of title 5, United States Code; and (4) the terms ``rule'' and ``small entity'' have the meanings given those terms in section 601 of title 5, United States Code. SEC. 3. PERIODIC REVIEW OF PREEXISTING SMALL BUSINESS REGULATIONS. Section 610 of title 5, United States Code, is amended to read as follows: ``Sec. 610. Periodic review of rules ``(a)(1) Not later than 180 days after the date of enactment of the Small Business Regulatory Sunset Act of 2014, each agency shall establish a plan for the periodic review of-- ``(A) each rule issued by the agency that the head of the agency determines has a significant economic impact on a substantial number of small entities, without regard to whether the agency performed an analysis under section 604 with respect to the rule; and ``(B) any small entity compliance guide required to be published by the agency under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). ``(2) In reviewing rules and small entity compliance guides under paragraph (1), the agency shall determine whether the rules and guides should-- ``(A) be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant adverse economic impacts on a substantial number of small entities (including an estimate of any adverse impacts on job creation and employment by small entities); or ``(B) continue in effect without change. ``(3) Each agency shall publish the plan established under paragraph (1) in the Federal Register and on the Web site of the agency. ``(4) An agency may amend the plan established under paragraph (1) at any time by publishing the amendment in the Federal Register and on the Web site of the agency. ``(b) Each plan established under subsection (a) shall provide for-- ``(1) the review of each rule and small entity compliance guide described in subsection (a)(1) in effect on the date of enactment of the Small Business Regulatory Sunset Act of 2014-- ``(A) not later than 9 years after the date of publication of the plan in the Federal Register; and ``(B) every 9 years thereafter; and ``(2) the review of each rule adopted and small entity compliance guide described in subsection (a)(1) that is published after the date of enactment of the Small Business Regulatory Sunset Act of 2014-- ``(A) not later than 9 years after the publication of the final rule in the Federal Register; and ``(B) every 9 years thereafter. ``(c) In reviewing rules under the plan required under subsection (a), the agency shall consider-- ``(1) the continued need for the rule; ``(2) the nature of complaints received by the agency from small entities concerning the rule; ``(3) comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration; ``(4) the complexity of the rule; ``(5) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules; ``(6) the contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such a calculation cannot be made; ``(7) the length of time since the rule has been evaluated, or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule; and ``(8) the economic impact of the rule, including-- ``(A) the estimated number of small entities to which the rule will apply; ``(B) the estimated number of small entity jobs that will be lost or created due to the rule; and ``(C) the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including-- ``(i) an estimate of the classes of small entities that will be subject to the requirement; and ``(ii) the type of professional skills necessary for preparation of the report or record. ``(d)(1) Each agency shall submit an annual report regarding the results of the review required under subsection (a) to-- ``(A) Congress; and ``(B) in the case of an agency that is not an independent regulatory agency (as defined in section 3502(5) of title 44), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. ``(2) Each report required under paragraph (1) shall include a description of any rule or small entity compliance guide with respect to which the agency made a determination of infeasibility under paragraph (5) or (6) of subsection (c), together with a detailed explanation of the reasons for the determination. ``(e) Each agency shall publish in the Federal Register and on the Web site of the agency a list of the rules and small entity compliance guides to be reviewed under the plan required under subsection (a) that includes-- ``(1) a brief description of each rule or guide; ``(2) for each rule, the reason why the head of the agency determined that the rule has a significant economic impact on a substantial number of small entities (without regard to whether the agency had prepared a final regulatory flexibility analysis for the rule); and ``(3) a request for comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rules or publication of the guides. ``(f)(1) Not later than 6 months after each date described in paragraphs (1) and (2) of subsection (b), the Inspector General for each agency shall-- ``(A) determine whether the agency has conducted the review required under subsection (b) appropriately; and ``(B) notify the head of the agency of-- ``(i) the results of the determination under subparagraph (A); and ``(ii) any issues preventing the Inspector General from determining that the agency has conducted the review under subsection (b) appropriately. ``(2)(A) Not later than 6 months after the date on which the head of an agency receives a notice under paragraph (1)(B) that the agency has not conducted the review under subsection (b) appropriately, the agency shall address the issues identified in the notice. ``(B) Not later than 30 days after the last day of the 6-month period described in subparagraph (A), the Inspector General for an agency that receives a notice described in subparagraph (A) shall-- ``(i) determine whether the agency has addressed the issues identified in the notice; and ``(ii) notify Congress if the Inspector General determines that the agency has not addressed the issues identified in the notice. ``(C) Not later than 30 days after the date on which the Inspector General for an agency transmits a notice under subparagraph (B)(ii), an amount equal to 1 percent of the amount appropriated for the fiscal year to the appropriations account of the agency that is used to pay salaries shall be rescinded. ``(D) Nothing in this paragraph may be construed to prevent Congress from acting to prevent a rescission under subparagraph (C).''. SEC. 4. SUNSET OF NEW SMALL BUSINESS REGULATIONS. (a) In General.--Except as provided in subsection (b) and beginning on the date of enactment of this Act, each covered rule promulgated by an agency shall cease to have effect on the date that is 7 years after the date on which the final version of the covered rule is published. (b) Extension of Rule.-- (1) In general.--Before the end of the 7-year period described in subsection (a), an agency may take action to renew a covered rule in accordance with the process described in paragraph (2) and if such action is taken, the covered rule shall remain in effect until modified or repealed by the agency action or statute. (2) Renewal process.-- (A) In general.--An agency may renew a covered rule by using the notice and comment rulemaking process. (B) Requirements.--In conducting a rulemaking to renew a covered rule under subparagraph (A), an agency shall-- (i) solicit and respond to public comment from entities affected by the covered rule; (ii) compare the projected costs of the covered rule to the actual costs realized by implementation of the covered rule and determine whether modifications can be made to the covered rule to lower the cost of the covered rule; (iii) consider whether any regulatory alternatives exist that would accomplish the same regulatory objective as the covered rule with less of an impact on affected small entities; and (iv) make modifications to the covered rule, if necessary, to reflect-- (I) comments solicited under clause (i); (II) modifications described in clause (ii); and (III) any regulatory alternatives described in clause (iii).

Small Business Regulatory Sunset Act of 2014 - Requires each federal agency to establish a plan for the periodic review (every nine years) of: (1) its rules that have a significant economic impact on a substantial number of small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the economic impact of the rule on small entities. Requires: (1) each agency to publish in the Federal Register and on the agency website a list of the rules and small entity compliance guides to be reviewed under the plan, and (2) the agency Inspector General to determine whether the agency has conducted the required review. Provides that each covered rule (i.e., any rule for which an agency is required to prepare a regulatory flexibility analysis and which is a major rule) promulgated by an agency shall cease to have effect seven years after the final version of such rule is published unless renewed by the agency using the notice and comment rulemaking process.

Small Business Regulatory Sunset Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Universal Product Number Act of 1999''. SEC. 2. UNIVERSAL PRODUCT NUMBERS ON CLAIMS FORMS FOR REIMBURSEMENT UNDER THE MEDICARE PROGRAM. (a) Accommodation of UPNs on Medicare Claims Forms.--Not later than February 1, 2001, all claims forms developed or used by the Secretary of Health and Human Services for reimbursement under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall accommodate the use of universal product numbers for a UPN covered item. (b) Requirement for Payment of Claims.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following: ``use of universal product numbers ``Sec. 1897. (a) In General.--No payment shall be made under this title for any claim for reimbursement for any UPN covered item unless the claim contains the universal product number of the UPN covered item. ``(b) Definitions.--In this section: ``(1) UPN covered item.-- ``(A) In general.--Except as provided in subparagraph (B), the term `UPN covered item' means-- ``(i) a covered item as that term is defined in section 1834(a)(13); ``(ii) an item described in paragraph (8) or (9) of section 1861(s); ``(iii) an item described in paragraph (5) of section 1861(s); and ``(iv) any other item for which payment is made under this title that the Secretary determines to be appropriate. ``(B) Exclusion.--The term `UPN covered item' does not include a customized item for which payment is made under this title. ``(2) Universal product number.--The term `universal product number' means a number that is-- ``(A) affixed by the manufacturer to each individual UPN covered item that uniquely identifies the item at each packaging level; and ``(B) based on commercially acceptable identification standards such as, but not limited to, standards established by the Uniform Code Council- International Article Numbering System or the Health Industry Business Communication Council.''. (c) Development and Implementation of Procedures.-- (1) Information included in upn.--The Secretary of Health and Human Services, in consultation with manufacturers and entities with appropriate expertise, shall determine the relevant descriptive information appropriate for inclusion in a universal product number for a UPN covered item. (2) Review of procedure.--From the information obtained by the use of universal product numbers on claims for reimbursement under the medicare program, the Secretary of Health and Human Services, in consultation with interested parties, shall periodically review the UPN covered items billed under the Health Care Financing Administration Common Procedure Coding System and adjust such coding system to ensure that functionally equivalent UPN covered items are billed and reimbursed under the same codes. (d) Effective Date.--The amendment made by subsection (b) shall apply to claims for reimbursement submitted on and after February 1, 2002. SEC. 3. STUDY AND REPORTS TO CONGRESS. (a) Study.--The Secretary of Health and Human Services shall conduct a study on the results of the implementation of the provisions in subsections (a) and (c) of section 2 and the amendment to the Social Security Act in subsection (b) of that section. (b) Reports.-- (1) Progress report.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress that contains a detailed description of the progress of the matters studied pursuant to subsection (a). (2) Implementation.--Not later than 18 months after the date of enactment of this Act, and annually thereafter for 3 years, the Secretary of Health and Human Services shall submit a report to Congress that contains a detailed description of the results of the study conducted pursuant to subsection (a), together with the Secretary's recommendations regarding the use of universal product numbers and the use of data obtained from the use of such numbers. SEC. 4. DEFINITIONS. In this Act: (1) UPN covered item.--The term ``UPN covered item'' has the meaning given such term in section 1897(b)(1) of the Social Security Act (as added by section 2(b)). (2) Universal product number.--The term ``universal product number'' has the meaning given such term in section 1897(b)(2) of the Social Security Act (as added by section 2(b)). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. The are authorized to be appropriated such sums as may be necessary for the purpose of carrying out the provisions in subsections (a) and (c) of section 2, section 3, and section 1897 of the Social Security Act (as added by section 2(b)).

Amends SSA title XVIII to require any claim for reimbursement for any UPN covered item under Medicare to contain the UPN of the covered item in order for the claim to be paid. Directs the Secretary of Health and Human Services to study and report periodically to the Congress on the implementation of this Act. Authorizes appropriations.

Medicare Universal Product Number Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Coast Guard Museum Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is no national museum to commemorate and honor the Coast Guard's history, mission, personnel, and traditions or those of its predecessor services and agencies. (2) There should be established a National Coast Guard Museum to commemorate the 210 years of national maritime and military history of the Coast Guard and its predecessor services and agencies. SEC. 3. DEFINITIONS. In this Act: (1) Association.--The term ``Association'' means the National Coast Guard Museum Association (a nonprofit corporation established under the laws of the State of Massachusetts), or a similar organization. (2) Museum.--The term ``Museum'' means the National Coast Guard Museum established under sections 4(a). (3) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (4) Fund.--The term ``Fund'' means the National Coast Guard Museum Fund established under section 5(a). SEC. 4. NATIONAL COAST GUARD MUSEUM. (a) Establishment.--The Commandant may, in accordance with this section, establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. (b) Construction.-- (1) License.--The Commandant may grant a license to the Association authorizing the Association to construct facilities for the Museum on the land specified under subsection (a). (2) Terms.--The license under this subsection shall include terms that establish the following: (A) Upon completion of construction of facilities under the license, the Association shall donate such facilities, including any associated improvements, fixtures, and related personal property, as a gift to Coast Guard. (B) The United States shall have no responsibility for project management. (C) The Association shall be responsible for preparation of the design and plans for facilities constructed under the license, except that the design and plans shall be subject to the approval of the Commandant (3) Funding.--(A) The Commandant shall not allow construction of facilities for the Museum to begin, and may not provide any Federal funds for that construction, unless the Commandant determines that sufficient amounts, not less than $10,000,000, are available from non-Federal sources to complete construction of the Museum in accordance with the design and plans approved under paragraph (2)(C). (B) For the purposes of constructing the Museum, and subject to the availability of appropriations, the Commandant may transfer to the Association up to $10,000,000. (C) The Commandant shall require that amounts transferred under subparagraph (B) that are not expended on the construction of the Museum shall be returned to the Coast Guard and deposited into the Fund. (4) Liability.--The United States shall not be liable for any act or omission relating to construction under the license. (c) Commandant's Authorities.--Notwithstanding any other provision of law, in connection with the establishment, operation, and maintenance of the Museum, the Commandant may-- (1) rent or lease space within the Museum for gift shops, food concessions, meeting or special event spaces, and similar purposes or activities, under such terms and conditions, and for such periods of time, as the Commandant considers appropriate; (2) accept, hold, administer, and, without further Act of appropriation, spend any gift, devise, or bequest of real or personal property (including funds) that is made on the condition that it be used for the benefit of, or in connection with the establishment, operation, or maintenance of, the Museum; (3) pay necessary expenses in connection with the conveyance or transfer of any such gift, devise or bequest; and (4) perform other acts as the Commandant deems reasonable and appropriate. (d) Treatment of Gifts.--For the purposes of Federal income, estate, and gift taxes, property that is accepted under subsection (c)(2) shall be considered as a gift, devise, or bequest to or for the use of the United States. SEC. 5. NATIONAL COAST GUARD MUSEUM FUND. (a) Establishment.--There is established in the Treasury a separate account that shall be known as the ``National Coast Guard Museum Fund''. (b) Contents.--The Fund shall consist of the following: (1) Gifts, devises, and bequests of funds accepted under section 4(c)(2). (2) Amounts received by the United States from the rental or leasing of space within the Museum under section 4(a). (3) Interest credited under subsection (d). (4) Amounts deposited under section 4(b)(3)(C). (c) Use.--The Commandant may make disbursements from the Fund for the establishment, operation, or maintenance of the Museum, without further Act of appropriation and without fiscal year limitation. (d) Investment.-- (1) In general.--Upon request of the Commandant, the Secretary of the Treasury may invest amounts in the Fund in securities of, or in securities whose principal and interest are guaranteed by, the United States Government. (2) Interest.--The interest and profits accruing from investments under this subsection shall be deposited to the credit of the Fund.

National Coast Guard Museum Act of 2001 - Authorizes the Commandant of the Coast Guard to establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant.Establishes in the Treasury the National Coast Guard Museum Fund.

To provide for the establishment of the National Coast Guard Museum on Federal lands administered by the Coast Guard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home School Non-Discrimination Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) The right of parents to direct the education of their children is an established principle and precedent under the United States Constitution. (2) Congress, the President, and the Supreme Court, in exercising their legislative, executive, and judicial functions, respectively, have repeatedly affirmed the rights of parents. (3) Education by parents at home has proven to be an effective means for young people to achieve success on standardized tests and to learn valuable socialization skills. (4) Young people who have been educated at home are proving themselves to be competent citizens in postsecondary education and the workplace. (5) The rise of private home education has contributed positively to the education of young people in the United States. (6) Several laws, written before and during the rise of private home education, are in need of clarification as to their treatment of students who are privately educated at home pursuant to State law. (7) The United States Constitution does not allow Federal control of homeschooling. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) private home education, pursuant to State law, is a positive contribution to the United States; and (2) parents who choose this alternative education should be encouraged within the framework provided by the United States Constitution. SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND STUDENT ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965. (a) Clarification of Institutional Eligibility.--Section 101(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is amended by inserting ``meeting the requirements of section 484(d)(3) or'' after ``only persons''. (b) Clarification of Student Eligibility.--Section 484(d) of the Higher Education Act of 1965 (20 U.S.C. 1091(d)) is amended by striking the heading and inserting ``Satisfaction of Secondary Education Standards''. SEC. 5. CLARIFICATION OF ABSENCE OF CONSENT FOR INITIAL EVALUATION UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 614(a)(1)(D)(ii)(I) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(a)(1)(D)(ii)(I)) is amended to read as follows: ``(I) For initial evaluation.--A local educational agency may pursue the initial evaluation of a child by utilizing the procedures described in section 615, except to the extent inconsistent with State law relating to parental consent for an initial evaluation under clause (i)(I), only if the child is enrolled in public school or is seeking to be enrolled in public school.''. SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS ACCOUNT AS TO ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (relating to qualified elementary and secondary education expenses) is amended by adding at the end the following new subparagraph: ``(C) Special rule for home schools.--For purposes of clauses (i) and (iii) of subparagraph (A), the terms `public, private, or religious school' and `school' shall include any home school which provides elementary or secondary education if such school is treated as a home school or private school under State law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. Section 444 of the General Education Provisions Act (20 U.S.C. 1232g; also referred to as the Family Educational Rights and Privacy Act of 1974) is amended-- (1) in subsection (a)(5), by adding at the end the following: ``(C) For students in non-public education (including any student educated at home or in a private school in accordance with State law), directory information may not be released without the written consent of the parents of such student.''; (2) in subsection (a)(6), by striking ``, but does not include a person who has not been in attendance at such agency or institution.'' and inserting ``, including any non-public school student (including any student educated at home or in a private school as provided under State law). This paragraph shall not be construed as requiring an educational agency or institution to maintain education records or personally identifiable information for any non-public school student.''; and (3) in subsection (b)(1), by striking subparagraph (F) and inserting the following: ``(F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if-- ``(i) such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; and ``(ii) for students in non-public education, education records or personally identifiable information may not be released without the written consent of the parents of such student.''. SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C. 1070d-36(a)) is amended by inserting ``(or a home school, whether treated as a home school or a private school under State law)'' after ``public or private secondary school''. SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS ACT AS APPLIED TO STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended by adding at the end the following: ``The Secretary shall extend the hours and periods of permissible employment applicable to employees between the ages of 14 and 16 years of age who are privately educated at a home school (whether the home school is treated as a home school or a private school under State law) beyond such hours and periods applicable to employees between the ages of 14 and 16 years of age who are educated in traditional public schools.''. SEC. 10. RECRUITMENT AND ENLISTMENT OF HOME SCHOOLED STUDENTS IN THE ARMED FORCES. (a) Policy on Recruitment and Enlistment.-- (1) In general.--The Secretary concerned shall prescribe a policy for the recruitment and enlistment of home schooled students in the Armed Force or Armed Forces under the jurisdiction of such Secretary. (2) Uniformity across the armed forces.--The Secretary of Defense shall ensure that the policies prescribed under paragraph (1) apply, to the extent practicable, uniformly across the Armed Forces. (b) Elements.--The policy under subsection (a) shall include the following: (1) An identification of a graduate of home schooling for purposes of recruitment and enlistment in the Armed Forces that is in accordance with the requirements described in subsection (c). (2) Provision for the treatment of graduates of home schooling with Tier I status with no practical limit with regard to enlistment. (3) An exemption of graduates of home schooling from the requirement for a secondary school diploma or its recognized equivalent (GED) as a precondition for enlistment in the Armed Forces. (c) Home School Graduates.--In identifying a graduate of home schooling for purposes of subsection (b), the Secretary concerned shall ensure that the graduate meets each of the following requirements: (1) The home school graduate has taken the Armed Forces Qualification Test and scored 50 or above. (2) The home school graduate has provided the Secretary concerned with-- (A) a signed home school notice of intent form that conforms with the State law of the State where the graduate resided when the graduate was in home school; or (B) a home school certificate or diploma from-- (i) the parent or guardian of the graduate; or (ii) a national curriculum provider. (3) The home school graduate has provided the Secretary concerned with a copy of the graduate's transcript for all secondary school grades completed. The transcript shall-- (A) include the enrollment date, graduation date, and type of curriculum; and (B) reflect successful completion of the last full academic year of schooling from the home school national curriculum provider, parent, or guardian issuing the home school certificate or diploma or home school notice of intent form. (4) The home school curriculum used by the home school graduate involved parental instruction and supervision and closely patterned the normal credit hours per subject as used in a traditional secondary school. (5) The home school graduate has provided the Secretary concerned with a third party verification letter of the graduate's home school status by the Home School Legal Defense Association or a State or county home school association or organization. (d) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' has the meaning given such term in section 101(a)(9) of title 10, United States Code.

Home School Non-Discrimination Act of 2005 - Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend. Amends the Individuals with Disabilities Education Act (IDEA) to provide that, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child. Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under state law. Amends the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic education, including any student educated at home or in a private school in accordance with state law, without written parental consent. Amends HEA to include students at home schools, whether treated as a home school or a private school under state law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education. Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under state law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.) Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.

A bill to amend selected statutes to clarify existing Federal law as to the treatment of students privately educated at home under State law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Transparency Act of 2013''. SEC. 2. REQUIREMENTS FOR PRINTED MATERIALS AND ADVERTISEMENTS BY FEDERAL AGENCIES. (a) Identification of Funding Sources.--Each communication funded by a Federal agency for advertising or educational purposes shall clearly state-- (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, the Internet, or any means other than the means referred to in paragraph (1), that the communication is produced and disseminated at taxpayer expense. (b) Additional Requirements.-- (1) Printed communication.--Any printed communication described under subsection (a)(1) shall-- (A) be of sufficient type size to be clearly readable by the recipient of the communication; (B) be contained in a printed box set apart from the other contents of the communication; and (C) be printed with a reasonable degree of color contrast between the background and the printed statement. (2) Radio, television, and internet communication.-- (A) Audio communication.--Any audio communication described under subsection (a)(2) shall include an audio statement in a clearly spoken manner indicating that the communication is produced and disseminated at taxpayer expense. (B) Video communication.--Any video communication described under subsection (a)(2) shall include a statement indicating that the communication is produced and disseminated at taxpayer expense. Such statement-- (i) shall be conveyed in a clearly spoken manner; (ii) shall be conveyed by a voice-over or screen view of the person making the statement; and (iii) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of not less than 4 seconds. (C) E-mail communication.--Any e-mail communication described under subsection (a)(2) shall-- (i) be of sufficient type size to be clearly readable by the recipient of the communication; (ii) be set apart from the other contents of the communication; and (iii) be displayed with a reasonable degree of color contrast between the background and the printed statement. (c) Exceptions.--Subsections (a) and (b) do not apply to-- (1) information in or relating to a solicitation for-- (A) offers for a Federal contract; or (B) applications or submissions of a bid or proposal for a Federal grant or other means of funding under a Federal program; and (2) advertisements for employment opportunities, not including advertising materials developed for use for recruitment and retention of personnel for the Armed Forces. (d) Definitions.--In this Act: (1) Federal agency.--The term ``Federal agency'' has the meaning given the term ``Executive agency'' in section 133 of title 41, United States Code. (2) Mass mailing.--The term ``mass mailing''-- (A) means any mailing or distribution of 499 or more newsletters, pamphlets, or other printed matter with substantially identical content, whether such matter is deposited singly or in bulk, or at the same time or different times; and (B) does not include any mailing-- (i) in direct response to a communication from a person to whom the matter is mailed; or (ii) of a news release to the communications media. (e) Source of Funds.--The funds used by a Federal agency to carry out this Act shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency.

Taxpayer Transparency Act of 2013 - Requires each communication funded by a federal agency for advertising or educational purposes to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced and disseminated at taxpayer expense. Requires any such printed communication, including e-mails, to be of sufficient size to be clearly readable, to be set apart from the other contents of the communication, and to be printed with a reasonable degree of color contrast between the background and the printed statement. Exempts from such requirements: (1) information in or relating to a solicitation for offers for a federal contract or applications or submissions of a bid or proposal for a federal grant or other means of funding under a federal program; and (2) advertisements for employment opportunities, not including advertising materials developed for use in recruiting and retaining personnel for the Armed Forces.

Taxpayer Transparency Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Receipt Act of 2010''. SEC. 2. PROVISION OF TAXPAYER RECEIPT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. TAXPAYER RECEIPT. ``(a) In General.--Not later than October 15, 2012, and annually thereafter, the Secretary shall provide via United States mail a Tax Receipt to each taxpayer (other than a trust, estate, partnership, or corporation) who made a return with respect to income taxes under chapter 1 for the preceding taxable year and for whom a current mailing address can be determined through such methods as the Secretary determines to be appropriate. ``(b) Tax Receipt.--For purposes of this section, each Tax Receipt shall-- ``(1) state the amount of taxes paid (even if $0) and refund made to the taxpayer and state (by each filing status specified in subsections (a) through (d) of section 1) the average amount of tax paid by taxpayers in each tax bracket, and ``(2) contain a table listing-- ``(A) each of the spending categories described in subsection (c), ``(B) with respect to each spending category described in subsection (c)-- ``(i) the ratio (expressed as a percentage) which bears the same percentage of the taxpayer's income tax liability for the preceding taxable year to such category as the ratio that such category bears to the total of the spending categories described in subsection (c) for the fiscal year ending in the preceding taxable year, and ``(ii) the proportional amount (expressed in dollars) of the taxpayer's income tax liability spent on that category, and ``(C) the percentage change the results under clauses (i) and (ii) of subparagraph (B) are from the preceding year (expressed in positives and negatives), ``(3) contain a table listing-- ``(A) each of the spending categories described in subsection (c), ``(B) the percentage each such category is of the total Federal outlays for the fiscal year ending in the preceding taxable year and the dollar amount of each such category, and ``(C) the percentage change the results under subparagraph (B) are from the preceding year (expressed in positives and negatives), ``(4) contain a table of the 10 most costly tax expenditures, and the cost of such expenditures, with respect to individuals (not corporations) for the fiscal year ending in the preceding taxable year, ``(5) contain the annual budget review described in subsection (e), ``(6) contain the graphs described in paragraphs (1) and (2) of section 7523(a) for the fiscal year ending in the preceding taxable year, ``(7) be not more than 4 pages in length, and ``(8) contain the Internet address of the website of the Department of the Treasury described in subsection subsection (f). ``(c) Spending Category.-- ``(1) In general.--A spending category referred to in this subsection is one of the following: ``(A) Administration of Justice. ``(B) Agriculture. ``(C) Allowances. ``(D) Commerce and Housing Credit. ``(E) Community and Regional Development. ``(F) Education, Training, Employment, and Social Services. ``(G) Energy. ``(H) General Science, Space, and Technology. ``(I) General Government. ``(J) Health. ``(K) Income Security. ``(L) International Affairs. ``(M) International Development and Humanitarian Assistance. ``(N) Medicare. ``(O) Medicaid. ``(P) National Defense. ``(Q) Natural Resources and Environment. ``(R) Net Interest on the National Debt. ``(S) Ongoing military operation authorized under a formal declaration of war by Congress or resolution passed by the United Nations Security Council, including Operation New Dawn, Operation Iraqi Freedom, and Operation Enduring Freedom, with each such military operation listed as a separate spending category. ``(T) Salaries and Benefits for Members of Congress. ``(U) Social Security. ``(V) Transportation. ``(W) Undistributed Offsetting Receipts. ``(X) Veterans Benefits and Services. ``(2) Rules relating to appropriate spending categories.-- ``(A) In general.--For purposes of paragraph (1)-- ``(i) the spending categories shall be set forth in order of cost, with the greatest expense stated first, and ``(ii) each spending category shall have a one sentence, general description of the programs, projects, and activities comprising that spending category. ``(B) Programs, projects, and activities.--The Secretary shall assign each Federal program, project, or activity to one of the categories described in paragraph (1). Once assigned, the program, project, or activity cannot be moved to a different spending category in subsequent years. If a program, project, or activity changes in material substance, the Secretary may, in consultation with Congress, move the program, project, or activity to the appropriate spending category. ``(d) Tax Expenditures.--For purposes of this section, the term `tax expenditure' shall have the meaning given such term by section 3(3) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621). ``(e) Annual Budget Review.--The annual budget review described in this subsection with respect to a fiscal year shall be prepared by the Secretary in consultation with the Congressional Budget Office and shall-- ``(1) use the budget projections prepared by the Congressional Budget Office, and ``(2) include-- ``(A) an estimate of total Federal receipts and outlays for the current fiscal year, ``(B) actual Federal receipts and outlays for the preceding 5 fiscal years, and ``(C) projections of Federal receipts and outlays for the succeeding 10 fiscal years. ``(f) Rule Relating to Nonresident Aliens.--Subsection (a) shall not apply to an individual who is a nonresident alien (within the meaning of section 7701(b)(1)(B)). ``(g) Website.-- ``(1) In general.--The website referred to in this subsection is a website on which a taxpayer can input his Federal income tax liability and see more detailed information concerning each of the categories contained in his Tax Receipt. ``(2) Period for maintaining tax receipts.--The website shall maintain a copy of the receipt for each taxpayer for the previous 5 years. ``(3) Protection of taxpayer information.--In making information available on a website pursuant to this section, the Secretary shall ensure proper access to online taxpayer records and shall protect the security and privacy of taxpayer information online.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Taxpayer receipt.''. (c) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2010.

Taxpayer Receipt Act of 2010 - Amends the Internal Revenue Code to require the Secretary of the Treasury to provide individual taxpayers via U.S. mail by October 15 of each year a tax receipt for income taxes reported for the preceding taxable year. Requires such tax receipt to: (1) state the amount of taxes paid by, and any refund made to, the taxpayer; (2) contain tables listing expenditures in categories of the federal budget and the 10 most costly tax expenditures; (3) contain an annual budget review prepared by the Secretary in consultation with the Congressional Budget Office (CBO); and (4) contain the Internet address of the website of the Department of Treasury providing more detailed tax and spending information.

To amend the Internal Revenue Code of 1986 to require that the Secretary of the Treasury provide a Tax Receipt to each taxpayer who files a Federal income tax return.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water and Energy Efficient Appliances Act of 2004''. SEC. 2. CREDIT FOR WATER AND ENERGY EFFICIENT APPLIANCES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. WATER AND ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, the water and energy efficient appliance credit determined under this section for the taxable year is an amount equal to the sum of the amounts determined under paragraph (2) for qualified water and energy efficient appliances produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Amount.--The amount determined under this paragraph for any category described in subsection (b)(2)(B) shall be the product of the applicable amount for appliances in the category and the eligible production for the category. ``(b) Applicable Amount; Eligible Production.--For purposes of subsection (a)-- ``(1) Applicable amount.--The applicable amount is-- ``(A) $25, in the case of a dishwasher manufactured with an EF of at least 0.65, ``(B) $50, in the case of a dishwasher manufactured with an EF of at least 0.69, ``(C) $75, in the case of a clothes washer which is manufactured with an MEF of at least a 1.80 and a WF of no more than 7.5, ``(D) $100, in the case of a refrigerator which consumes at least 30 percent less kilowatt hours per year than the energy conservation standards for refrigerators promulgated by the Department of Energy and effective on July 1, 2001, and ``(E) $150, in the case of a clothes washer which is manufactured with an MEF of at least a 1.80 and a WF of no more than 5.5. ``(2) Eligible production.-- ``(A) In general.--The eligible production of each category of qualified water and energy efficient appliances is the excess of-- ``(i) the number of appliances in such category which are produced by the taxpayer during such calendar year, over ``(ii) the average number of appliances in such category which were produced by the taxpayer during calendar years 2002, 2003, and 2004. ``(B) Categories.--For purposes of subparagraph (A), the categories are-- ``(i) dishwashers described in paragraph (1)(A), ``(ii) dishwashers described in paragraph (1)(B), ``(iii) clothes washers described in paragraph (1)(C), ``(iv) clothes washers described in paragraph (1)(E), and ``(v) refrigerators described in paragraph (1)(D). ``(c) Limitation on Maximum Credit.-- ``(1) In general.--The amount of credit allowed under subsection (a) with respect to a taxpayer for all taxable years shall not exceed $65,000,000, of which not more than $15,000,000 may be allowed with respect to the credit determined by using the applicable amount under subsections (b)(1)(A) and (b)(1)(B). ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified water and energy efficient appliance.--The term `qualified water and energy efficient appliance' means-- ``(A) a dishwasher described in subparagraph (A) or (B) or subsection (b)(1), ``(B) a clothes washer described in subparagraph (C) or (E) of subsection (b)(1), or ``(C) a refrigerator described in subparagraph (D) of subsection (b)(1). ``(2) Dishwasher.--The term `dishwasher' means a standard residential dishwasher with a capacity of 8 or more place settings plus 6 serving pieces. ``(3) Clothes washer.--The term `clothes washer' means a residential clothes washer, including a residential style coin operated washer. ``(4) Refrigerator.--The term `refrigerator' means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(5) EF.--The term `EF' means Energy Factor (as determined by the Secretary of Energy). ``(6) MEF.--The term `MEF' means Modified Energy Factor (as determined by the Secretary of Energy). ``(7) WF.--The term `WF' means Water Factor (as determined by the Secretary of Energy). ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(2) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as 1 person for purposes of subsection (a). ``(f) Verification.--The taxpayer shall submit such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary to claim the credit amount under subsection (a). ``(g) Termination.--This section shall not apply to water and energy efficient appliances produced after December 31, 2010.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the water and energy efficient appliance credit determined under section 45G(a).''. (c) Limitation on Carryback.--Section 39(d) of such Code (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of water and energy efficient appliance credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the water and energy efficient appliance credit determined under section 45G may be carried to a taxable year ending before January 1, 2008.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Water and energy efficient appliance credit.''. (e) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007, in taxable years ending after such date.

Water and Energy Efficient Appliances Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain water and energy efficient appliances (i.e. dishwashers, clothes washers, and refrigerators). Sets the amount of the credit based upon certain energy and water efficiency ratings. Terminates the credit after 2010.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for the production of water and energy efficient appliances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Safety Act of 2003''. SEC. 2. ADVERSE EXPERIENCES WITH DIETARY SUPPLEMENTS. (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following: ``SEC. 416. ADVERSE EXPERIENCES WITH DIETARY SUPPLEMENTS. ``(a) Definitions.--In this section: ``(1) Adverse dietary supplement experience.--The term `adverse dietary supplement experience' means an adverse event that is associated with the use of a dietary supplement in a human, without regard to whether the event is known to be causally related to the dietary supplement. ``(2) Serious adverse dietary supplement experience.--The term `serious adverse dietary supplement experience' means an adverse dietary supplement experience that-- ``(A) results in-- ``(i) death; ``(ii) a life-threatening condition; ``(iii) inpatient hospitalization or prolongation of hospitalization; ``(iv) a persistent or significant disability or incapacity; or ``(v) a congenital anomaly, birth defect, or other effect regarding pregnancy, including premature labor or low birth weight; or ``(B) requires medical or surgical intervention to prevent 1 of the outcomes described in subparagraph (A). ``(b) Reporting and Review.-- ``(1) Serious adverse dietary supplement experiences.-- ``(A) In general.--Each manufacturer of a dietary supplement, and each packer or distributor of a dietary supplement the name of which appears on the labeling of the dietary supplement-- ``(i) shall develop written procedures for-- ``(I) surveillance, receipt, and evaluation of information on adverse dietary supplement experiences associated with use of the dietary supplement; and ``(II) submission to the Secretary of reports under this subsection; ``(ii) as soon as practicable after, but in no event later than 15 calendar days after, initial receipt of information with respect to a serious adverse dietary supplement experience, shall submit to the Secretary-- ``(I) the information; and ``(II) a copy of the current labeling for the dietary supplement; ``(iii)(I) shall promptly investigate the adverse dietary supplement experience; and ``(II)(aa) if additional information is obtained, shall submit to the Secretary a report describing the information-- ``(AA) not later than 15 days after obtaining the information; or ``(BB) at the request of the Secretary; or ``(bb) if no additional information is obtained, shall maintain records of the steps taken to seek additional information. ``(B) Elimination of duplicative reporting.-- ``(i) In general.--To avoid duplicative reporting under this subsection, the Secretary may establish a procedure under which-- ``(I) a packer or distributor of a dietary supplement may submit a report to the manufacturer of the dietary supplement; and ``(II) the manufacturer shall transmit the report to the Secretary. ``(ii) Requirement.--A procedure under clause (i) shall ensure that the Secretary receives reports within the applicable period of time specified in subparagraph (A). ``(C) Clinical evaluations by the secretary.-- ``(i) In general.--The Secretary shall conduct a clinical evaluation of each serious adverse dietary supplement experience with a patient that is reported to the Secretary under subparagraph (A). ``(ii) Unwilling patient.--The Secretary is not required to conduct a clinical evaluation under clause (i) to the extent that any unwillingness of the patient (or the next of kin for the patient, as the case may be) to cooperate with the evaluation makes it impracticable to conduct the evaluation. ``(2) Periodic adverse dietary supplement experience reporting.--A manufacturer of a dietary supplement shall annually (or at such shorter intervals as the Secretary may require), in accordance with such requirements as the Secretary may establish, submit to the Secretary a report that discloses all information received with respect to adverse dietary supplement experiences not previously reported under paragraph (1). ``(3) Review regarding adverse dietary supplement experiences.-- ``(A) In general.--Promptly after a manufacturer of a dietary supplement receives from a consumer, or obtains by any other means, any information on an adverse dietary supplement experience, the manufacturer shall review the information. ``(B) Applicability.--Subparagraph (A)-- ``(i) applies to information without regard to the source of the information, foreign or domestic; and ``(ii) includes information derived from sources such as-- ``(I) commercial marketing experience; ``(II) postmarketing investigations; ``(III) postmarketing surveillance; ``(IV) studies; ``(V) reports in the scientific literature; and ``(VI) unpublished scientific papers. ``(4) Additional reporting requirements.--In addition to the requirements of paragraphs (1) and (2), the Secretary may establish such requirements regarding the reporting of information on adverse dietary supplement experiences as the Secretary determines to be appropriate to protect the public health. ``(5) Waivers.--The Secretary may grant a waiver from the requirement of paragraph (1), (2), or (3) with respect to a dietary supplement if the Secretary determines that compliance with the requirement is not necessary to protect the public health. ``(6) System for coordination of reports received by the secretary.--With respect to reports of adverse dietary supplement experiences submitted to the Secretary (whether required under this subsection or otherwise), the Secretary shall establish a system to-- ``(A) receive the reports; ``(B) refer the reports to the appropriate officials within the Food and Drug Administration; ``(C) store and retrieve the reports; ``(D) store and retrieve records of activities carried out in response to the reports; and ``(E) carry out such other administrative functions regarding the reports as the Secretary determines to be appropriate. ``(7) Data collection by secretary.-- ``(A) In general.--The Secretary shall carry out a program to collect data on serious adverse dietary supplement experiences, in addition to receiving reports required in this subsection. ``(B) Cooperation.--In carrying out the program, the Secretary shall seek the cooperation of appropriate public and private entities, including entities that respond to medical emergencies. ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000 for fiscal year 2003 and each fiscal year thereafter. ``(c) Postmarket Surveillance.-- ``(1) Authority to require surveillance.--The Secretary may by order require a manufacturer of a dietary supplement to conduct postmarket surveillance for the dietary supplement if the Secretary determines that there is a reasonable possibility that a use or expected use of the dietary supplement by a significant number of consumers may result in serious adverse experiences. ``(2) Surveillance plan.-- ``(A) In general.--Not later than 30 days after receiving from the Secretary an order under paragraph (1) to conduct surveillance for a dietary supplement, a manufacturer shall submit to the Secretary, for the approval of the Secretary, a plan for the required surveillance. ``(B) Qualifications regarding surveillance; data regarding adverse dietary supplement experiences.--Not later than 60 days after a plan is submitted to the Secretary under subparagraph (A), the Secretary shall determine whether-- ``(i) the person designated to conduct the surveillance has appropriate qualifications and experience to conduct the surveillance; and ``(ii) the plan will result in the collection of useful data that will disclose adverse dietary supplement experiences or other information necessary to protect the public health. ``(3) Surveillance period.--In consultation with a manufacturer of a dietary supplement that is required to conduct surveillance under paragraph (1), the Secretary may by order require a prospective surveillance period for the manufacturer of not more than-- ``(A) 3 years; or ``(B) such longer period as may be determined-- ``(i) by agreement between the Secretary and the manufacturer; or ``(ii) if the Secretary and the manufacturer cannot agree, through a dispute resolution process established by the Secretary by regulation. ``(d) Safety Review for Possibly Dangerous Dietary Supplements.-- ``(1) In general.--If a clinical evaluation by the Secretary of 1 or more serious adverse events indicates that a dietary supplement or a dietary ingredient contained in a dietary supplement appears to present a significant or unreasonable risk of illness, the Secretary may require the manufacturers of the dietary supplement, or of a dietary ingredient contained in a dietary supplement, to submit to the Secretary data demonstrating that the dietary supplement containing the dietary ingredient is safe. ``(2) Approval or disapproval of continued marketing.--As soon as practicable after receiving data required under paragraph (1), the Secretary shall review the data and issue a determination that-- ``(A)(i) the dietary supplement is safe; and ``(ii) the continued marketing of the dietary supplement is approved; or ``(B)(i) the dietary supplement is not safe or has not been shown to be safe under ordinary or frequent conditions of use; and ``(ii) the continued marketing of the dietary supplement is disapproved.''. (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) Adverse Dietary Supplement Experiences.-- ``(1) Failure to comply.--The failure of a person to submit a report or comply with any other requirement under section 416. ``(2) Disapproval of continued marketing.--The continued marketing of a dietary supplement by any person after the Secretary issues a determination under section 416(d)(2)(B) that-- ``(A) the dietary supplement is not safe or has not been shown to be safe under ordinary conditions of use; and ``(B) the continued marketing of the dietary supplement is disapproved.''. SEC. 3. STIMULANTS. (a) Definition of Stimulant.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(nn) Stimulant.--The term `stimulant' means a dietary ingredient that has a stimulant effect on the cardiovascular system or the central nervous system of a human by any means, including-- ``(1) speeding metabolism; ``(2) increasing heart rate; ``(3) constricting blood vessels; or ``(4) causing the body to release adrenaline.''. (b) Premarket Approval.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) (as amended by section 2(a)) is amended by adding at the end the following: ``SEC. 417. STIMULANTS. ``(a) In General.--No person shall introduce or deliver for introduction into interstate commerce a dietary supplement containing a stimulant unless an approval of the dietary supplement under this section is in effect. ``(b) Approval.--The Secretary shall approve an application for premarket approval of a dietary supplement containing a stimulant if the manufacturer of the stimulant demonstrates that the dietary supplement is safe under ordinary or frequent conditions of use. ``(c) Combinations of Stimulants.--In the case of a dietary supplement that contains a combination of stimulants, the Secretary, in determining the safety of the dietary supplement, shall consider the interaction of the various stimulants contained in the dietary supplement. ``(d) Action on Application.--The Secretary shall approve or disapprove an application for premarket approval of a dietary supplement containing a stimulant not later than 180 days after receiving the application.''. (c) Adulterated Food.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(i) Dietary Supplements Containing a Stimulant.--If the food is a dietary supplement containing a stimulant for which the Secretary has not granted premarket approval under section 417. ``(j) Effect of Section.--Nothing in this section affects any other law (including a regulation) applicable to caffeine used as a food or drug.''. (d) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance for implementing the amendments made by this section. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section-- (A) apply to dietary supplements manufactured before, on, or after the date of enactment of this Act; and (B) take effect on the date that is 180 days after the date of enactment of this Act. (2) Already-marketed dietary supplements.--The amendments made by this section do not apply to a dietary supplement that has been marketed before the date of enactment of this Act until the date that is 2 years after the date of enactment of this Act. SEC. 4. STEROID PRECURSORS. (a) Federal Food, Drug, and Cosmetic Act.--Section 201(ff)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(1)) is amended by striking ``(other than tobacco)'' and inserting ``(other than tobacco or a product that bears or contains an anabolic steroid (including a substance that is chemically and pharmacologically related to testosterone but not including an estrogen, progestin, or corticosteroid))''. (b) Controlled Substances Act.-- (1) Definition of anabolic steroid.--Section 102(41)(A) of the Controlled Substances Act (21 U.S.C. 802(41)(A)) is amended-- (A) by striking ``that promotes muscle growth, and includes--'' and inserting ``that promotes muscle growth or is advertised or used to promote muscle growth. ``(B) The term `anabolic steroid' includes--''; and (B) by striking ``(B)(i)'' and inserting ``(C)(i)''. (2) Exclusion from schedule.--Section 201(g)(1) of the Controlled Substances Act (21 U.S.C. 811(g)(1)) is amended by striking ``if such substance'' and all that follows and inserting ``if the substance-- ``(A) is approved as being safe and effective for its intended use under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or ``(B) is lawfully marketed under an over-the-counter monograph issued by the Food and Drug Administration.''. SEC. 5. AGENCY EXPERTISE AND AUTHORITY. Section 402(f)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(f)(1)) is amended by striking the matter following subparagraph (D).

Amends the Federal Food, Drug, and Cosmetic Act to require each manufacturer of a dietary supplement (supplement), and each packer or distributor of a supplement the name of which appears on the labeling, to report serious adverse experiences to the Secretary of Health and Human Services and to investigate such occurrences. Defines a serious adverse experience as an adverse event associated with the use of a supplement in a human that involves death or one of other serious calamities. Directs the Secretary to conduct a clinical evaluation of each such reported experience.Requires the manufacturer of a dietary supplement to report periodically on other adverse experiences and to review such occurrences.Allows the Secretary to grant a waiver from the above reporting, reviewing, and investigating requirements with respect to a dietary supplement upon determination that compliance is not necessary to protect the public health.Authorizes the Secretary to require a manufacturer to conduct postmarket surveillance for a supplement under specified circumstances.Permits the Secretary to require a manufacturer of a supplement or of an ingredient in a supplement to demonstrate that its product is safe under specified circumstances. Directs the Secretary to approve the continued marketing of such a supplement or ingredient or to disapprove it.Prohibits any introduction into interstate commerce of a supplement containing a stimulant unless it is approved by the Secretary under this Act.Amends the Act to exclude a product that bears or contains an anabolic steroid from the definition of a dietary supplement for a specified chapter of the Act.Eliminates a provision of the Act requiring the United States to bear the burden of proof to show a supplement or an ingredient in a supplement is adulterated due to a safety violation.

A bill to amend the Federal Food, Drug, and Cosmetic Act to require that manufacturers of dietary supplements submit to the Food and Drug Administration reports on adverse experiences with dietary supplements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Cities Investment Act of 1997''. SEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES. (a) Advances From Federal Home Loan Banks.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the end the following new subsection: ``(s) Authority to Guarantee Advances From Federal Home Loan Banks.-- ``(1) Limitation on maximum outstanding loan guarantees.-- Notwithstanding any other provision of this section, the maximum aggregate outstanding amount of notes and obligations of a single issuer guaranteed under this section shall be an amount determined by the Secretary based on the amount of the grant approval for the issuer under section 106 or 107, the fiscal condition of the issuer, and the potential return on investment of the projects to be undertaken with the proceeds of such notes and obligations, but may not in any case exceed the discounted present value of the grants that the issuer would receive over a period not to exceed 20 years if the issuer's annual grant amount over such period were equal to 80 percent of the current grant approval for the issuer. The amount of an advance guaranteed under paragraph (2) shall be included in the aggregate outstanding amount of notes and loans for purposes of the limitation under this paragraph. ``(2) Security.--The Secretary may use any authority provided for guaranteed loans authorized by this section to guarantee advances made under section 10b(c) of the Federal Home Loan Bank Act, but only if the unit of general local government for the eligible public entity or designated public agency to which the advance is made pledges any grants to which it becomes eligible under this title as security for repayment of the advance.''. (b) Stakeholder Participation.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding after subsection (s), as added by subsection (a) of this section, the following new subsection: ``(t) Stakeholder Participation.-- ``(1) Requirement.--For the purposes of the development of activities to be funded under this section, the community participation requirements of section 104(a) shall be expanded to include participation of major stakeholders. Such stakeholders may include, but not be limited to the representatives of the following community interests: ``(A) Business. ``(B) Banking. ``(C) Education. ``(D) Public health and safety. ``(E) Labor. ``(F) Arts, cultural, religious, philanthropic, professional, and civic organizations. ``(2) Definition.--For purposes of this subsection, the term `stakeholder' means a public or private organizational entity whose future well-being depends upon the applicant's continued social and economic viability.''. SEC. 3. FEDERAL HOME LOAN BANK ADVANCES. Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is amended by adding at the end the following new subsections: ``(c) Advances to Units of Local Government for Community Development Purposes.--A Federal Home Loan Bank may make advances to an metropolitan city or urban county (as such terms are defined in section 102) of the Housing and Community Development Act of 1974) or a public agency designated by a metropolitan city or urban county in the same manner provided for advances to nonmember mortgagees under this section, except that advances under this subsection shall not be subject to the requirements under this section regarding security, but may be made only-- ``(1) pursuant to a guarantee provided under section 108(s)(2) of the Housing and Community Development Act of 1974; or ``(2) in accordance with subsection (d). ``(d) 3-Year Advances of CDBG Entitlement Grant Amounts.-- ``(1) Authority.--An advance by a Federal Home Loan Bank made in accordance with this subsection in any fiscal year may be made only to a metropolitan city or urban county that-- ``(A) receives grant amounts under subsection (b) or (d) of section 106 of the Housing and Community Development Act of 1974 for such fiscal year; ``(B) includes, in its statement under section 104 of such Act of community development objectives and projected use of funds, the information required under paragraph (3); ``(C) agrees to use such funds only for extraordinary or pressing community development needs, in accordance with the statement under paragraph (3). ``(2) Use of advances.-- ``(A) In general.--Amounts from an advance under this subsection may be used only for eligible activities under section 105 of the Housing and Community Development Act of 1974 to meet extraordinary or pressing community development needs of a non- or infrequently recurring nature that-- ``(i) require amounts greater than the annual block grant amounts provided under title I of the Housing and Community Development Act of 1974 to the metropolitan city or urban county; and ``(ii) cannot be funded with other amounts available to the city or county. ``(B) Prohibition of substitution of funds.--A metropolitan city or urban county may use amounts received from an advance under this subsection only to supplement and, to the extent practical, increase the level of funds that would, in the absence of the advance, be available to the city or county from other Federal and non-Federal sources for the activities for which the advance is used, and in no case may such funds be used so as to supplant funds from Federal or non-Federal sources. ``(3) Statement of community development objectives.--The information required under this paragraph is information that-- ``(A) describes the projected use of the funds received in the advance under this subsection and the proposed community development activities to be conducted with such amounts; ``(B) explains why such activities comply with the requirements under paragraph (2)(A); ``(C) sets forth a business plan for using such funds and conducting such activities; and ``(D) certifies that the metropolitan city or urban county is not violating the prohibition under paragraph (2)(B). ``(4) Amount.--The amount of an advance made under this subsection in any fiscal year to any metropolitan city or urban county may not exceed 3 times the amount of the grant under subsection (b) or (d) (as applicable) of section 106 of the Housing and Community Development Act of 1974 made to such city or county for such fiscal year. Any advance shall be in addition to the grant under section 106 of such Act for the city or county for the fiscal year in which the advance is made. ``(5) Repayment.--Notwithstanding any other provision of title I of the Housing and Community Development Act of 1974, a metropolitan city or urban county that receives an advance under this subsection shall be subject to the following provisions: ``(A) Direct repayment of grant amounts to federal home loan bank during period of ineligibility.--For each fiscal year after the year in which the advance was made, the Secretary of Housing and Urban Development shall pay directly to the Federal Home Loan Bank that made the advance (out of any amounts appropriated for grants under section 106 of the Housing and Community Development Act of 1974) any grant amounts that are allocated under such section for such city or county (and would otherwise be made available to the city or county in the form of a grant under title I of such Act) until the sum of the amounts repaid to the Bank pursuant to this subparagraph for the city or county is equal to the amount of the advance. ``(B) Ineligibility for entitlement grants.--Such city or county may not be provided any grant under section 106 of such Act from amounts allocated under such section 106 for such city or county for any fiscal year occurring after the fiscal year in which such advance is made, until the first fiscal year that the sum of the amounts repaid to the Bank pursuant to subparagraph (A) is equal to the amount the advance. ``(C) Grant amount during first year of renewed eligibility.--For the first fiscal year after an advance under this subsection is made that such city or county is eligible under subparagraph (B) to receive any grant amounts under section 106 of the Housing and Community Development Act of 1974, the amount of a grant under such section 106 for such city or county shall not exceed the difference between-- ``(i) the total amount allocated under such section 106 for such city or county for such fiscal year; and ``(ii) the amount by which the advance exceeds the sum of the amounts repaid pursuant to subparagraph (A) to the Bank for such city or county in preceding fiscal years occurring after the year in which the advance was made. ``(6) Ineligibility for advances.--A metropolitan city or urban county that receives an advance under this subsection shall not be eligible to receive a subsequent advance under this subsection until the first fiscal year commencing after the fiscal year in which the final payment to the Bank making the advance is made pursuant to paragraph (5)(A) to repay the advance for the city or county.''.

American Cities Investment Act of 1997 - Amends the Housing and Community Development Act of 1974 to: (1) set limitations on maximum outstanding loan guarantees issued by the Secretary of Housing and Urban Development; (2) authorize the Secretary to guarantee advances from Federal Home Loan Banks; and (3) expand the community participation requirements to include major stakeholders (as defined by this Act). Amends the Federal Home Loan Bank Act to authorize advances to metropolitan cities, urban counties, or their public agencies for certain extraordinary, nonusual community development purposes pursuant to such loan guarantees. Prohibits the use of such funds to supplant Federal or non-federal fund sources. Sets forth amount limit and repayment provisions.

American Cities Investment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Depository Institution Conversion Protection Act of 1994''. SEC. 2. MUTUAL-TO-STOCK CONVERSIONS BY STATE INSTITUTIONS. Section 5(j) of the Home Owners' Loan Act (12 U.S.C. 1464(j)) is amended to read as follows: ``(j) Stock Conversions by State Institutions.-- ``(1) Application of federal regulations.--A converting institution shall be subject to such regulations as the Director shall prescribe. The appropriate State regulatory authority may impose more restrictive rules or regulations on such conversions if it deems such action to be appropriate. ``(2) Limitation on insider transactions.--An officer, director, or employee of a converting institution may purchase or receive, directly or indirectly, shares of or any other beneficial interest in that institution only under the same terms and conditions and only in the same amounts as are available-- ``(A) to any depositor of the institution who is not otherwise affiliated with the institution, if such officer, director, or employee is a bona fide depositor of the institution; or ``(B) generally to any other person who is not affiliated with the institution, if such officer, director, or employee is not a bona fide depositor of the institution. ``(3) Consideration of additional compensation.--No proposal may be made to the shareholders of a converted institution during the 1-year period beginning on the date of conversion to increase the direct or indirect compensation of an officer, director, or employee of the institution in excess of the compensation of such person prior to the date of the conversion. ``(4) Aggregate limit on beneficial interests of insiders.--The Director shall, by regulation, establish an appropriate aggregate percentage of and an aggregate dollar limitation on the beneficial interests in a converting institution that may be held, directly or indirectly, by any officer, director, or employee of the institution. ``(5) Definitions.--For purposes of this subsection-- ``(A) the terms `State savings association' and `State savings bank' have the same meanings as in section 3 of the Federal Deposit Insurance Act; ``(B) the term `converted institution' means a State savings association or State savings bank that converted from the mutual form to the stock form after January 26, 1994; and ``(C) the term `converting institution' means a State savings association or a State savings bank that is converted from the mutual form to the stock form after January 26, 1994.''. SEC. 3. CONVERSIONS BY FEDERAL INSTITUTIONS. Section 5(i) of the Home Owners' Loan Act (12 U.S.C. 1864(i)) is amended by adding at the end the following new paragraph: ``(5) Insider transactions and compensation.-- ``(A) In general.--In any conversion, on or after January 26, 1994, of a Federal savings association or a Federal savings bank from the mutual form to the stock form-- ``(i) an officer, director, or employee of the institution that is the subject of the conversion may purchase or receive, directly or indirectly, shares of or any other beneficial interest in that institution only under the same terms and conditions and only in the same amounts as are available-- ``(I) to any depositor of the institution who is not otherwise affiliated with the institution, if such officer, director, or employee is a bona fide depositor of the institution; or ``(II) generally to any other person who is not affiliated with the institution, if such officer, director, or employee is not a bona fide depositor of the institution; and ``(ii) no proposal may be made to the shareholders of the institution during the 1- year period beginning on the date of conversion to increase the direct or indirect compensation of an officer, director, or employee of the institution in excess of the compensation of such person prior to the date of the conversion. ``(B) Aggregate limit on beneficial interests of insiders.--The Director shall, by regulation, establish an appropriate aggregate percentage of and an aggregate dollar limitation on the beneficial interests in any institution that is the subject of a conversion described in subparagraph (A) that may be held, directly or indirectly, by any officer, director, or employee of the institution.''. SEC. 4. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Thrift Supervision shall promulgate final regulations to implement subsections (i)(5) and (j) of section 5 of the Home Owners' Loan Act, as amended by this Act. SEC. 5. STUDY AND REPORT. (a) Study.--The Secretary of the Treasury shall conduct a study to determine-- (1) the adequacy of existing Federal law in ensuring equity and fairness in the conversion of savings associations and savings banks from the mutual form to the stock form; (2) the accuracy of existing stock appraisal and valuation techniques employed in such conversions; and (3) the adequacy of disclosures to depositors and the public concerning such conversions. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Congress a report of the results of the study conducted under subsection (a).

Mutual Depository Institution Conversion Protection Act of 1994 - Amends the Home Owners' Loan Act with respect to conversions from mutual to stock form of ownership by State and Federal savings banks and associations to: (1) subject State institutions to Federal regulations; (2) authorize State regulatory authorities to impose conversion rules more restrictive than the Federal rules; (3) restrict the beneficial interest available to insider transactions pursuant to such conversions to the same interest available to non-insiders; (4) prohibit for one year compensation to savings institution personnel which exceeds that received before the conversion date; and (5) require the Director of the Office of Thrift Supervision to establish aggregate limits on the beneficial interests of insiders pursuant to such conversions. Directs the Secretary of the Treasury to study and report to the Congress on the adequacy of Federal regulations and disclosure requirements regarding such conversions.

Mutual Depository Institution Conversion Protection Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``William Orton Law Library Improvement and Modernization Act''. SEC. 2. FINANCIAL SUPPORT FOR LAW LIBRARY OF LIBRARY OF CONGRESS. (a) Financial Support.--In addition to any other amounts made available for the salaries and expenses of the Library of Congress, there are authorized to be appropriated to the Librarian of Congress $3,500,000 for maintaining and administering the operations of the law library of the Library of Congress, including the cataloguing of the collections of the law library. Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. (b) Electronic Cataloging of Nonproprietary Material.--To the extent practicable, in using any funds appropriated pursuant to the authority of subsection (a) to catalog and archive nonproprietary material in the collections of the Law Library after the date of the enactment of this Act, the Law Librarian of Congress shall catalog and archive the material electronically in a nonproprietary and nondiscriminatory format. Nothing in the previous sentence may be construed to affect any cataloging and archiving activities carried out with funds which are not appropriated pursuant to the authority of subsection (a). SEC. 3. SEPARATION OF LAW LIBRARY SALARIES AND EXPENSES IN PREPARATION OF ANNUAL LIBRARY OF CONGRESS BUDGET. (a) Separate Budget Treatment of Law Library.--In preparing the annual budget for the Library of Congress which will be submitted by the President under chapter 11 of title 31, United States Code, and in preparing the annual budget and related materials for the Library of Congress for the use of the Committees on Appropriations of the Senate and House of Representatives, the Librarian of Congress shall ensure that all amounts attributable to salaries and expenses of the law library of the Library of Congress are set forth separately as a separate line item from other salaries and expenses of the Library of Congress. (b) Effective Date.--This section shall apply with respect to fiscal year 2011 and each succeeding fiscal year. SEC. 4. WILLIAM ORTON PROGRAM TO SUPPORT THE MISSION OF THE LAW LIBRARY OF THE LIBRARY OF CONGRESS. (a) Establishment.-- (1) In general.--The Librarian of Congress, acting through the Law Librarian of Congress, shall establish and operate a program to be known as the ``William Orton Law Library Support Program'' (hereafter in this section referred to as the ``Program''), which will-- (A) provide enhanced or special services and programs for the Law Library; and (B) otherwise support the mission of the Law Library. (2) Relation to other programs.--The Librarian shall operate the Program in a manner which ensures that the resources of the Program are not commingled with the resources used to carry out the program operated under section 2. (b) Role of Other Entities.--The Librarian may carry out the Program through agreements and partnerships entered into with other government and private entities, including the American Association of Law Libraries and the American Bar Association. (c) Private Support.-- (1) Acceptance of donations.--Donations of funds and in- kind contributions in support of the Program may be accepted-- (A) by the Library of Congress Trust Fund Board, as provided under the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 154 et seq.); and (B) by the Librarian of Congress, as provided under section 4 of such Act (2 U.S.C. 160). (2) Use of amounts.--Notwithstanding the second paragraph of section 2 of the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 157), or the third sentence of section 4 of such Act (2 U.S.C. 160), any amounts accepted by the Library of Congress Trust Fund Board or the Librarian of Congress in support of the Program shall be subject to disbursement by the Librarian only upon the recommendation of the Law Librarian (except to the extent otherwise provided under any terms and conditions on the use of the amounts which are imposed by the person making the donation). (3) Acceptance of other voluntary services.-- Notwithstanding section 1342 of title 31, United States Code, the Librarian of Congress may accept voluntary and uncompensated services in support of the Program. (d) Establishment of Separate Account.-- (1) In general.--There is established in the Treasury (among the accounts of the Library of Congress) a separate account for the Program, which shall consist of-- (A) amounts accepted by the Library of Congress Trust Fund Board in support of the Program as described in subsection (c)(1)(A), together with any income earned on such amounts; (B) amounts accepted by the Librarian of Congress in support of the Program as described in subsection (c)(1)(B), together with any income earned on such amounts; (C) amounts appropriated pursuant to the authorization under subsection (f); and (D) interest on the balance of the account. (2) Use of amounts.--The funds contained in the account established under this subsection shall be used solely by the Law Librarian of Congress to carry out the Program. (e) Annual Report.--Not later than April 30 of each year (beginning with 2010), the Librarian of Congress shall submit a report on Program funding and activities to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the American Bar Association, and the American Association of Law Libraries. The report shall include-- (1) a listing of all donations received in support of the Program during the previous year; (2) the total obligations during the previous year for each Program activity; (3) the amount appropriated pursuant to the authorization under subsection (f) for the fiscal year beginning on the previous October 1; (4) a list of Program activities, with budget information for each such activity, planned for the calendar year in which the report is submitted; and (5) any findings in the most recently completed audit conducted with respect to the Law Library or Program funds or investments. (f) Authorization of Appropriations.--In addition to any other amounts authorized to be appropriated to the Librarian of Congress for the Law Library of Congress for a fiscal year, there are authorized to be appropriated for deposit into the account established under subsection (d) an amount equal to 40 percent of the amount of the donations accepted by the Library of Congress Trust Fund Board in support of the Program under subsection (c)(1) during the previous fiscal year. SEC. 5. DESIGNATION OF LAW LIBRARY OF LIBRARY OF CONGRESS AS NATIONAL LAW LIBRARY. The law library of the Library of Congress shall be known and designated as the ``National Law Library'', and any reference to the law library of the Library of Congress in any law, rule, regulation, or document shall be deemed to be a reference to the National Law Library. Passed the House of Representatives July 30, 2009. Attest: LORRAINE C. MILLER, Clerk.

William Orton Law Library Improvement and Modernization Act - Authorizes appropriations to the Library of Congress for the maintenance and administration of the operations of the Law Library of the Library of Congress, including the cataloguing of the collections of the Law Library. Directs the Law Library to electronically catalog and archive material in its collections in a nonproprietary and nondiscriminatory format. Requires the separation of the salaries and expenses of the Law Library from other salaries and expenses of the Library of Congress in the preparation of the annual budget for the Library of Congress. Establishes the William Orton Law Library Support Program to provide enhanced or special services and programs for the Law Library and otherwise support the mission of the Law Library. Allows the Librarian of Congress (the Librarian) to carry out the Program through agreements and partnerships with other government and private entities, including the American Association of Law Libraries and the American Bar Association (ABA). Permits the Library of Congress Trust Fund Board and the Librarian to accept private donations in support of the Program. Makes any accepted donations subject to disbursement by the Librarian only upon the recommendation of the Law Librarian, with an exception. Establishes in the Treasury a separate account for the Program. Limits the use of account funds only to the Law Librarian to carry out such Program. Authorizes annual appropriations to the Library of Congress for the deposit into such account of an amount equal to 40% of the amount of donations accepted by the Board in support of such Program, in addition to any other amounts authorized for the Law Library. Designates the Law Library as the "National Law Library."

To provide financial support for the operation of the law library of the Library of Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Gasoline Assistance Program Act''. SEC. 2. PURPOSE. The purpose of this Act is to create new emergency assistance programs to assist families receiving assistance under part A of title IV of the Social Security Act and low-income working families to meet the increasing price of gasoline. SEC. 3. DEFINITIONS. In this Act: (1) Covered activities.--The term ``covered activities'' means-- (A) work activities; (B) education directly related to employment; or (C) activities related to necessary scheduled medical treatment. (2) Gasoline.--The term ``gasoline'' has the meaning given the term in section 4082 of the Internal Revenue Code of 1986. (3) Household.--The term ``household'' has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622). (4) Poverty level; state median income.--The terms ``poverty level'' and ``State median income'' have the meanings given the terms in section 2603 of the Low-Income Home Energy Assistance Act of 1981. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (7) Work activities.--The term ``work activities'' has the meaning given the term in section 407(d) of the Social Security Act (42 U.S.C. 607(d)). SEC. 4. EMERGENCY ASSISTANCE PROGRAMS. The Secretary shall make grants to States, from allotments made under section 5, to enable the States to establish emergency assistance programs and to provide, through the programs, payments to eligible households to enable the households to purchase gasoline. SEC. 5. STATE ALLOTMENTS. From the funds appropriated under section 13 for a fiscal year and remaining after the reservation made in section 12, the Secretary shall allot to each State an amount that bears the same relation to such remainder as the amount the State receives under section 675B of the Community Services Block Grant Act (42 U.S.C. 9906) for that year bears to the amount all States receive under that section for that year. SEC. 6. STATE APPLICATIONS. (a) In General.--To be eligible to receive a grant under this Act, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents.--At a minimum, the application shall contain-- (1) information designating a State agency to carry out the emergency assistance program in the State, which shall be-- (A) the State agency specified in the State plan submitted under section 402 of the Social Security Act (42 U.S.C. 602); or (B) the State agency designated under section 676(a) of the Community Services Block Grant Act (42 U.S.C. 9908(a)); and (2) information describing the emergency assistance program to be carried out in the State. SEC. 7. PARTICIPATION OF INDIAN TRIBES. (a) Reservation.--If, with respect to a State, the Secretary-- (1) receives a request from the governing body of an Indian tribe or tribal organization in the State that assistance under this Act be made directly to the tribe or organization; and (2) determines that the members of the tribe or organization would be better served by means of grants made directly to provide benefits under this Act, the Secretary shall reserve from amounts that would otherwise be allotted to the State under section 5 for the fiscal year the amount determined under subsection (b) of this section. (b) Determination of Reserved Amount.--The Secretary shall reserve from amounts that would otherwise be allotted to the State, not less than 100 percent of an amount that bears the same ratio to the State allotment for the fiscal year involved as the population of all eligible Indians for whom a determination has been made under subsection (a) bears to the population of all individuals in the State who are eligible for assistance through a grant made under this Act. (c) Awards.--The sums reserved by the Secretary on the basis of a determination made under subsection (a) shall be made available by grant to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made. (d) Plan.--In order for an Indian tribe or tribal organization to be eligible for a grant award for a fiscal year under this section, the tribe or organization shall submit to the Secretary a plan for the fiscal year that meets such criteria as the Secretary may prescribe by regulation. (e) Definitions.--In this section: (1) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose. (2) Indian.--The term ``Indian'' means a member of an Indian tribe or of a tribal organization. SEC. 8. ELIGIBLE HOUSEHOLDS. (a) In General.--To be eligible to receive a payment from a State under this Act, a household shall submit an application to the State at such time, in such manner, and containing such information as the State may require. (b) Contents.--The applicant shall include in the application information demonstrating that-- (1) in the case of a household that is not located in Hawaii, 1 or more individuals in the applicant's household individually drive not less than 30 miles per day, or not less than 150 miles per week, to or from covered activities; and (2)(A) the household meets the eligibility requirements of section 2605(b)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than clause (i) of that section; or (B) the household income for the household does not exceed the greater of-- (i) an amount equal to 150 percent of the poverty level for the State involved; or (ii) an amount equal to 60 percent of the State median income. (c) Rule.--For purposes of subsection (b)(2)(B), a State-- (1) may not exclude a household from eligibility for a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State; but (2) may give priority to those households with the highest gasoline costs or needs in relation to household income. SEC. 9. PROGRAM REQUIREMENTS. (a) Determination of Trigger Amount.-- (1) Determination of gasoline.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall determine a grade of gasoline for which price determinations will be made under this subsection, which shall be a type of gasoline that has a specified octane rating or other specified characteristic. (2) Determination of calculation.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall determine a method for calculating the average per gallon price of the covered grade of gasoline in each State. (3) Baseline.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate, in accordance with paragraph (2), the average per gallon price of the covered grade of gasoline in each State for January 2005. (4) Trigger and release prices.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate-- (A) the trigger price for each State by multiplying the price calculated under paragraph (3) by 115 percent; and (B) the release price for each State by multiplying the price calculated under paragraph (3) by 110 percent. (b) Payments.-- (1) Availability.-- (A) Monthly price calculation.--The Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall calculate, in accordance with subsection (a)(2), the average per gallon price of the covered grade of gasoline in each State for each month. (B) Determination.--If the Secretary of Health and Human Services, in consultation with the Secretary of Energy, determines that the price in a State calculated under subparagraph (A) for a month-- (i) is more than the trigger price for the State, the State shall provide payments in accordance with this subsection for the following month; and (ii) is less than the release price for the State, the State shall suspend provision of the payments, not earlier than 30 days after the date of the determination, for the following month. (2) General authority.--Except as provided in subsection (c), the State shall use funds received through a grant made under section 4 (including a grant increased under section 11(2)) and any funds made available to the State under section 404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to make payments under this Act to eligible households. (3) Period.--An eligible household with an application approved under section 7 may receive payments under this Act for not more than 3 months. The household may submit additional applications under section 7, and may receive payments under this Act for not more than 3 months for each such application approved by the State. (4) Amount.--The State shall make the payments in amounts of not less than $25, and not more than $75, per month. The State may determine the amount of the payments on a sliding scale, taking into consideration the household income of the eligible households. (c) State Administration.--The State may use not more than 10 percent of the funds described in subsection (b)(2) to pay for the cost of administering this Act. (d) Definitions.--In this section: (1) Covered grade.--The term ``covered grade'' means the grade of gasoline determined under subsection (a)(1). (2) Release price.--The term ``release price'' means the release price calculated under subsection (a)(4)(B). (3) Trigger price.--The term ``trigger price'' means the trigger price calculated under subsection (a)(4)(A). SEC. 10. TREATMENT OF BENEFITS. (a) Income or Resources.--Notwithstanding any other law, the value of any payment provided under this Act shall not be treated as income or resources for purposes of-- (1) any other Federal or federally assisted program that bases eligibility, or the amount of benefits, on need; or (2) the Internal Revenue Code of 1986. (b) TANF Assistance.--For purposes of part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), a payment provided under this Act shall not be considered to be assistance provided by a State under that part, regardless of whether the State uses funds made available under section 404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to make payments under this Act. The period for which such payments are provided under this Act shall not be considered to be part of the 60-month period described in section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)). SEC. 11. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended-- (1) in paragraph (3)(A), by striking ``paragraph (1)'' and inserting ``paragraph (1) or (4)''; and (2) by adding at the end the following: ``(4) Other state programs.--A State may use funds from any grant made to the State under section 403(a) for a fiscal year to carry out a State program pursuant to the Low-Income Gasoline Assistance Program Act.''. SEC. 12. DISCRETIONARY ACTIVITIES BY THE SECRETARY. The Secretary of Health and Human Services may reserve not more than 5 percent of the funds appropriated under section 13 for a fiscal year-- (1) to pay for the cost of administering this Act; and (2) to increase the cost of a grant made to a State under section 4, in any case in which the Secretary determines that emergency conditions relating to gasoline prices exist in that State. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000,000 for fiscal year 2006 and each subsequent fiscal year. (b) Availability.--Any sums appropriated under subsection (a) for a fiscal year shall remain available until the end of the succeeding fiscal year.

Low-Income Gasoline Assistance Program Act - Directs the Secretary of Health and Human Services to make grants to states to establish emergency assistance programs to pay eligible households for the purchase of gasoline. Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize a state to use funds from any TANF grant to carry out such a state low-income gasoline assistance program.

To provide emergency assistance for families receiving assistance under part A of title IV of the Social Security Act and low-income working families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Tax Relief Act of 2010''. SEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT. (a) Economic Growth and Tax Relief Reconciliation Act of 2001.-- Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 is hereby repealed. (b) Income Tax Rates on Dividends and Net Capital Gain.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. PERMANENT INDIVIDUAL AMT RELIEF. (a) Modification of Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended to read as follows: ``(1) Exemption amount for taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the term `exemption amount' means-- ``(A) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(A) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse, ``(B) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(B) in the case of an individual who-- ``(i) is not a married individual, and ``(ii) is not a surviving spouse, ``(C) 50 percent of the dollar amount applicable under paragraph (1)(A) in the case of a married individual who files a separate return, and ``(D) $22,500 in the case of an estate or trust. For purposes of this paragraph, the term `surviving spouse' has the meaning given to such term by section 2(a), and marital status shall be determined under section 7703.''. (2) Specified exemption amounts.--Section 55(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Specified exemption amounts.-- ``(A) Taxpayers described in paragraph (1)(A).--For purposes of paragraph (1))(A)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $72,450 2011....................................................... $74,450 2012....................................................... $78,250 2013....................................................... $81,450 2014....................................................... $85,050 2015....................................................... $88,650 2016....................................................... $92,650 2017....................................................... $96,550 2018....................................................... $100,950 2019....................................................... $105,150 2020....................................................... $109,950. ------------------------------------------------------------------------ ``(B) Taxpayers described in paragraph (1)(B).--For purposes of paragraph (1))(B)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $47,450 2011....................................................... $48,450 2012....................................................... $50,350 2013....................................................... $51,950 2014....................................................... $53,750 2015....................................................... $55,550 2016....................................................... $57,550 2017....................................................... $59,500 2018....................................................... $61,700 2019....................................................... $63,800 2020....................................................... $66,200.''. ------------------------------------------------------------------------ (b) Alternative Minimum Tax Relief for Nonrefundable Credits.-- (1) In general.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendments.-- (A) Adoption credit.-- (i) Section 23(b) of such Code, as in effect on December 31, 2009, is amended by striking paragraph (4). (ii) Section 23(c) of such Code, as in effect on December 31, 2009, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (iii) Section 23(c) of such Code, as in effect on December 31, 2009 amended by redesignating paragraph (3) as paragraph (2). (B) Child tax credit.-- (i) Section 24(b) of such Code is amended by striking paragraph (3). (ii) Section 24(d)(1) of such Code is amended-- (I) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be,'' each place it appears in subparagraphs (A) and (B) and inserting ``section 26(a)'', and (II) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be'' in the second last sentence and inserting ``section 26(a)''. (C) Credit for interest on certain home mortgages.--Section 25(e)(1)(C) of such Code is amended to read as follows: ``(C) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, and 1400C).''. (D) Savers' credit.--Section 25B of such Code is amended by striking subsection (g). (E) Residential energy efficient property.--Section 25D(c) of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (F) Certain plug-in electric vehicles.--Section 30(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (G) Alternative motor vehicle credit.--Section 30B(g)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (H) New qualified plug-in electric vehicle credit.--Section 30D(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (I) Cross references.--Section 55(c)(3) of such Code is amended by striking ``26(a), 30C(d)(2),'' and inserting ``30C(d)(2)''. (J) Foreign tax credit.--Section 904 of such Code is amended by striking subsection (i) and by redesignating subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively. (K) First-time home buyer credit for the district of columbia.--Section 1400C(d) of such Code is amended to read as follows: ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Permanent Tax Relief Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001; and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income. Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers; and (2) allow a permanent offset against the AMT for certain nonrefundable tax credits.

To prevent pending tax increases and to permanently repeal the estate tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Roadmap for Addressing Climate Change in China and India Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the United States, the People's Republic of China, and the Republic of India are some of the world's largest emitters of greenhouse gases; (2) a global solution to climate change requires action by all 3 countries that is commensurate with their national circumstances and level of economic development; (3) awareness of steps each country is taking to reducing emissions is critical in building confidence in a cooperative approach to climate change; and (4) understanding challenges each country faces in reducing emissions can help identify areas of potential collaboration. (b) Purposes.--The purposes of this Act are-- (1) to provide Congress and the American public with a better understanding of the steps China and India are taking to reduce greenhouse gas emissions; and (2) to identify the means by which the United States can assist China and India in achieving such a reduction. SEC. 3. INTERAGENCY CHINA AND INDIA CLIMATE CHANGE AND ENERGY REPORT. (a) In General.--The Secretary of Energy, working with the interagency task force established under subsection (b), shall prepare an interagency report on climate change and energy policy in the People's Republic of China and in the Republic of India. (b) Interagency Task Force.-- (1) Composition.--The Secretary of Energy shall establish an interagency task force, which shall consist of-- (A) the Secretary of Energy; (B) the Secretary of State; (C) the Secretary of Commerce; (D) the Administrator of the Environmental Protection Agency; (E) the Secretary of the Treasury; and (F) the head of any other agency or department who has been selected by the Secretary of Energy to participate in the task force. (2) Chairperson.--The Secretary of Energy shall serve as chairperson of the interagency task force. (c) Report Contents.--In preparing the report under subsection (a), the interagency task force shall evaluate and include in the report, with respect to the People's Republic of China and the Republic of India-- (1) the national or subnational plans, policies, programs, laws, regulations, incentive mechanisms, and other measures that are expected to result in, or have resulted in, reductions in energy use and greenhouse gas emissions, including-- (A) a list of such plans, policies, programs, laws, regulations, incentive mechanisms, and other measures; (B) a description of progress made or expected in implementing such plans, policies, programs, laws, regulations, incentive mechanisms, and other measures; (C) estimates of the reductions in energy use and greenhouse gas emissions achieved or expected to be achieved as a result of such plans, policies, programs, laws, regulations, incentive mechanisms, and other measures; and (D) recommended areas in which United States capacity building or other support could assist the People's Republic of China and the Republic of India to improve implementation or compliance with such plans, policies, programs, laws, regulations, incentive mechanisms, or other measures, including proposals for funding such joint activities; (2) estimates, based on the most recent information available to the interagency task force from reliable public sources, of the quantity and types of energy used and greenhouse gas emissions; (3) a description of the tools, methods, and procedures that are used for collecting and analyzing data regarding energy use and greenhouse gas emissions at the national, provincial, sectoral, and facility level, including-- (A) a comparison to the methodologies used by the United States and prevailing international practices; (B) the expected levels of uncertainty regarding the data so collected; (C) the current transparency of such tools, methods, and procedures; and (D) recommended areas in which United States capacity building or other support could assist the People's Republic of China and the Republic of India to improve such tools, methods, and procedures, increase data transparency, and strengthen the relevant governance framework, including proposals for funding such joint activities; (4) an assessment of the state of knowledge of international, Chinese, and Indian best and current technologies and practices to-- (A) improve the efficiency of coal use in electricity generation; (B) reduce the energy use in industrial facilities, buildings, appliances, electronic equipment, and other sectors, as appropriate; (C) capture and store carbon from facilities that utilize fossil fuels for energy production; (D) produce renewable energy, including wind, solar, small hydro, and geothermal energy; and (E) implement more sustainable transport systems and technologies; and (5) the current status of, and opportunities and recommendations for-- (A) cooperation on technology transfer, joint research, development, deployment, and clean energy technology trade between the United States, the People's Republic of China, and the Republic of India; and (B) joint opportunities for the development of intellectual property, including proposals for financing such joint activities. (d) Submission to Congress.--Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall submit the report prepared under this section to-- (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Commerce, Science, and Transportation of the Senate; (3) the Committee on Environment and Public Works of the Senate; (4) the Committee on Foreign Relations of the Senate; (5) the Committee on Energy and Commerce of the House of Representatives; (6) the Committee on Natural Resources of the House of Representatives; and (7) the Committee on Foreign Affairs of the House of Representatives. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.

Roadmap for Addressing Climate Change in China and India Act of 2009 - Directs the Secretary of Energy (DOE) to prepare an interagency report on climate change and energy policy in China and India and submit such report to specified committees of Congress.

A bill to require the Secretary of Energy to prepare a report on climate change and energy policy in the People's Republic of China and in the Republic of India.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2000''. SEC. 2. MEDICARE COVERAGE OF SURGICAL FIRST ASSISTING SERVICES OF CERTIFIED REGISTERED NURSE FIRST ASSISTANTS. (a) Services Covered.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (S); (2) by striking the period at the end of (T) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(U) surgical first assisting services (as defined in subsection (uu)(1)) furnished by a certified registered nurse first assistant (as defined in subsection (uu)(2)).''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Surgical First Assisting Services; Certified Registered Nurse First Assistant ``(uu)(1) The term `surgical first assisting services' means services consisting of first assisting a physician with surgery and related preoperative, intraoperative, and postoperative care (as determined by the Secretary) furnished by a certified registered nurse first assistant (as defined in paragraph (2)) which the certified registered nurse first assistant is legally authorized to perform by the State in which the services are performed. ``(2) The term `certified registered nurse first assistant' means an individual who-- ``(A) is a registered nurse and is licensed to practice nursing in the State in which the surgical first assisting services are performed; ``(B) has completed a minimum of 2,000 hours of first assisting a physician with surgery and related preoperative, intraoperative, and postoperative care; and ``(C) is certified as a registered nurse first assistant by an organization recognized by the Secretary.''. (c) Payment Amount.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(S)''; and (2) by inserting before the semicolon at the end the following: ``, and (T) with respect to surgical first assisting services (as defined in section 1861(uu)(1)) furnished by a certified registered nurse first assistant (as defined in section 1861(uu)(2)), the amount paid shall be 80 percent of the lesser of the actual charge for the services or 85 percent of the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician''. (d) Payments to Employers.-- (1) In general.--Section 1833(r) of the Social Security Act (42 U.S.C. 1395l(r)) is amended-- (A) in paragraph (1), by inserting ``or section 1861(s)(2)(U) (relating to surgical first assisting services)'' after ``clinical nurse specialist services)''; and (B) in paragraph (2), by striking ``1861(s)(2)(K)(ii)'' and inserting ``1861(s)(2)(K)(ii) or 1861(s)(2)(U)''. (2) Application of mandatory assignment rules.--Section 1842(b)(18)(C)(i) of such Act (42 U.S.C. 1395u(b)(18)(C)(i)) is amended by striking ``physician assistant, nurse practitioner, clinical nurse specialist'' and inserting ``physician assistant, nurse practitioner, clinical nurse specialist, or certified registered nurse first assistant''. (3) Exclusion from bundled payments for covered skilled nursing facility services.--Section 1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``surgical first assisting services of a certified registered nurse first assistant,'' after ``services of a certified registered nurse anesthetist,''. (e) Reduction in Payments To Avoid Duplicate Payment.-- Notwithstanding any other provision of law, the Secretary of Health and Human Services may reduce the amount of payments otherwise made to hospitals under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to eliminate estimated duplicate payments for historical or current costs attributable to surgical first assisting services furnished by certified registered nurse first assistants as described in section 1861(uu) of such Act (as added by subsection (a)). (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date of the enactment of this Act. SEC. 3. STUDY OF PAYMENT RATES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for adjustments to the payment amounts established under part B of title XVIII of the Social Security Act for surgical first assisting services furnished by certified registered nurse first assistants (as described in section 1861(uu) of such Act (as added by section 1(a)) to ensure that the payment amounts reflect the approximate costs of furnishing such services, taking into account the costs of compensation, overhead, and supervision attributable to certified registered nurse first assistants.

Provides for payment of such nurses on an assignment-related basis. Excludes services of such nurses from the definition of "covered skilled nursing facility services" for purposes of applying a prospective payment formula for such services. Directs the Secretary of Health and Human Services to reduce the amount of Medicare payments otherwise made to hospitals to eliminate estimated duplicate payments for historical or current costs attributable to surgical first assisting services furnished by certified registered nurse first assistants. Requires the Secretary to report to Congress on recommendations for adjustments to the payment amounts established under part B (Supplementary Medical Insurance) of Medicare for surgical first assisting services furnished by such nurses to ensure that the payment amounts reflect the approximate costs of furnishing such services, taking into account the costs of compensation, overhead, and supervision attributable to such nurses.

Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2000

SECTION 1. RURAL HEALTH-CARE CLINIC PROGRAM. (a) Program.--(1) Chapter 17 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 1720E. Rural health-care clinics: pilot program ``(a) During the three-year period beginning on October 1, 1993, the Secretary shall conduct a rural health-care clinic program in States where significant numbers of veterans reside in areas geographically remote from existing health-care facilities (as determined by the Secretary). The Secretary shall conduct the program in accordance with this section. ``(b)(1) In carrying out the rural health-care clinic program, the Secretary shall furnish medical services to the veterans described in subsection (c) through use of-- ``(A) mobile health-care clinics equipped, operated, and maintained by personnel of the Department; and ``(B) other types of rural clinics, including part-time stationary clinics for which the Secretary contracts and part- time stationary clinics operated by personnel of the Department. ``(2) The Secretary shall furnish services under the rural health- care clinic program in areas-- ``(A) that are more than 100 miles from a Department general health-care facility; and ``(B) that are less than 100 miles from such a facility, if the Secretary determines that the furnishing of such services in such areas is appropriate. ``(c) A veteran eligible to receive medical services through rural health-care clinics under the program is any veteran eligible for medical services under section 1712 of this title. ``(d) The Secretary shall commence operation of at least three rural health-care clinics (at least one of which shall be a mobile health-care clinic) in each fiscal year of the program. The Secretary may not operate more than one mobile health-care clinic under the authority of this section in any State in any such fiscal year. ``(e) Not later than December 31, 1997, the Secretary shall submit to Congress a report containing an evaluation of the program. The report shall include the following: ``(1) A description of the program, including information with respect to-- ``(A) the number and type of rural health-care clinics operated under the program; ``(B) the States in which such clinics were operated; ``(C) the medical services furnished under the program, including a detailed specification of the cost of such services; ``(D) the veterans who were furnished services under the program, setting forth (i) the numbers and percentages of the veterans who had service-connected disabilities, (ii) of the veterans having such disabilities, the numbers and percentages who were furnished care for such disabilities, (iii) the ages of the veterans, (iv) taking into account the veterans' past use of Department health-care facilities, an analysis of the extent to which the veterans would have received medical services from the Department outside the program and the types of services they would have received, and (v) the financial circumstances of the veterans; and ``(E) the types of personnel who furnished services to veterans under the program, including any difficulties in the recruitment or retention of such personnel. ``(2) An assessment by the Secretary of the cost- effectiveness and efficiency of furnishing medical services to veterans through various types of rural clinics (including mobile health-care clinics operated under the pilot program conducted pursuant to section 113 of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note)). ``(3) Any plans for administrative action, and any recommendations for legislation, that the Secretary considers appropriate. ``(f) For the purposes of this section, the term `Department general health-care facility' has the meaning given such term in section 1712A(i)(2) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720D the following new item: ``1720E. Rural health-care clinics: pilot program.''. (b) Authorization of Appropriations.--(1) There is authorized to be appropriated to the Department of Veterans Affairs to carry out the rural health-care clinics program provided for in section 1720E of title 38, United States Code (as added by subsection (a)), the following: (A) For fiscal year 1994, $3,000,000. (B) For fiscal year 1995, $6,000,000. (C) For fiscal year 1996, $9,000,000. (2) Amounts appropriated pursuant to such authorization may not be used for any other purpose. (3) No funds may be expended to carry out the rural health-care clinics program provided for in such section 1720E (as so added) unless expressly provided for in an appropriations Act.

Directs the Secretary of Veterans Affairs, during the three-year period beginning on October 1, 1993, to conduct a rural health-care clinic program in States where significant numbers of veterans reside in areas geographically remote from existing health-care facilities of the Department of Veterans Affairs. Directs the Secretary to commence operation of at least three such clinics in each fiscal year of the program. Directs the Secretary to report to the Congress on an evaluation of the program. Authorizes appropriations.

A bill to amend chapter 17 of title 38, United States Code, to establish a program of rural health-care clinics, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Research and Evaluation Act'' (the FARE Act). SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Federal Aviation Research and Evaluation Board'' (referred to in this Act as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The duties of the Commission shall be as follows: (1) To review any complaint submitted to the Commission which alleges a predatory practice by an air carrier. (2) To study the airfare marketing and pricing practices and service availability in the airline industry. (3) To submit to Congress interim reports as the Commission considers appropriate. Such reports shall contain a detailed statement of the findings and conclusions of the Commission relating to reviews and studies conducted pursuant to this section, together with recommendations of the Commission for legislation or administrative actions. SEC. 4. MEMBERS; COMPENSATION; MEETINGS. (a) Composition.--The Commission shall be composed of 7 members selected from representatives of the airline industry, consumer advocate groups, labor unions, and the business community and local, State, and Federal Government employees and elected officials, who shall be appointed as follows: (1) The President shall appoint 3 individuals. (2) The President Pro Tempore of the Senate shall appoint 2 individuals. (3) The Speaker of the House of Representatives shall appoint 2 individuals. (b) Deadline for Initial Appointments.--All initial appointments to the Commission shall be made not later than 30 days after the date of the enactment of this Act. (c) Period of Appointment.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.-- (A) Authority of commission.--A vacancy in the membership of the Commission shall not affect the power of the remaining members to carry out the duties of the Commission under section 3. (B) Appointment of successors.--A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall not be paid for their service on the Commission. (2) 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. (e) Quorum.-- (1) In general.--Five members of the Commission shall constitute a quorum but a lesser number may hold hearings. (2) Affect of proxy.--A member of the Commission may vote by means of a signed proxy exercised by another member of the Commission, but any member so voting shall not be considered present for purposes of establishing a quorum. (f) Chairperson.--The Chairperson of the Commission shall be elected by the members at the initial meeting of the Commission. (g) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting not later than 60 days after the date that the last of the initial seven members the Commission is appointed. (2) Subsequent meetings.--After the initial meeting required by paragraph (1), the Commission shall meet at the call of the Chairperson or a majority of its members. SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.--The Commission may appoint and fix the pay of personnel as it considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Staff of Federal Agencies.--Upon request of the Commission, 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 Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--Subject to sections 552, 552a, and 552b of title 5, United States Code, the Commission may secure, directly from any department or agency of the United States, information necessary to enable it to carry out this Act. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for services necessary to carry out this Act, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. TERMINATION. The Commission shall terminate 3 years after the date of the initial meeting of the Commission. SEC. 8. APPLICABILITY OF FEDERAL TORT CLAIMS PROVISIONS. For purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28, United States Code, the Commission is a ``Federal agency'' and each of the members and personnel of the Commission is an ``employee of the Government''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 1999, 2000, 2001, and 2002.

Federal Aviation Research and Evaluation Act (the FARE Act) - Establishes the Federal Aviation Research and Evaluation Board (Commission). Sets forth the duties of the Commission, including to: (1) review complaints alleging predatory practices by air carriers; (2) study airfare marketing and pricing practices and service availability in the airline industry; and (3) submit interim reports to the Congress. Authorizes appropriations.

FARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Star-Spangled Banner and War of 1812 Bicentennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) During the War of 1812, on September 13, 1814, Francis Scott Key visited the British fleet in Chesapeake Bay to secure the release of Dr. William Beanes, who had been captured after the burning of Washington, DC. (2) The release was completed, but Key was held by the British overnight during the shelling of Fort McHenry, one of the forts defending Baltimore. (3) In the morning, Key peered through clearing smoke to see an enormous American flag flying proudly after a 25-hour British bombardment of Fort McHenry. (4) He was so delighted to see the flag still flying over the fort that he began a poem to commemorate the occasion, with a note that it should be sung to the popular British melody ``To Anacreon in Heaven''. (5) In 1916, President Woodrow Wilson ordered that it be played at military and naval occasions. (6) In 1931, the ``Star-Spangled Banner'' became our National Anthem. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner and the War of 1812, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the War of 1812 and particularly the Battle for Fort McHenry that formed the basis for the ``Star- Spangled Banner''. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2012''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Star-Spangled Banner and War of 1812 Bicentennial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2012. 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 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 issued under this Act shall include a surcharge of $10 per 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 paid to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities in collaboration with and aiding the Star-Spangled Banner and War of 1812 Bicentennial Commission as it provides coordination, advice, and assistance to Federal agencies, States, localities, and other organizations for such bicentennial activities, educational outreach activities (including supporting scholarly research and the development of exhibits), and preservation and improvement activities relating to the sites and structures relating to the War of 1812. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Maryland War of 1812 Bicentennial Commission as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Passed the House of Representatives May 15, 2008. Attest: LORRAINE C. MILLER, Clerk.

Star-Spangled Banner and War of 1812 Bicentennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner and the War of 1812. Requires a coin design emblematic of the War of 1812, particularly the Battle for Fort McHenry that formed the basis for the Star-Spangled Banner. Authorizes the Secretary to issue the coins only during the calendar year beginning on January 1, 2012. Requires specified surcharges in sales of the coin, which shall be paid to the Maryland War of 1812 Bicentennial Commission for: (1) the purpose of supporting bicentennial activities in collaboration with, and aiding, the Star-Spangled Banner and War of 1812 Bicentennial Commission; and (2) preservation and improvement activities relating to the sites and structures relating to the War of 1812.

To require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the writing of the "Star Spangled Banner" and the War of 1812, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Viral Hepatitis Testing Act of 2014''. SEC. 2. REVISION AND EXTENSION OF HEPATITIS SURVEILLANCE, EDUCATION, AND TESTING PROGRAM. (a) In General.--Section 317N of the Public Health Service Act (42 U.S.C. 247b-15) is amended-- (1) by amending the section heading to read as follows: ``surveillance, education, testing, and linkage to care regarding hepatitis virus''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary shall, in accordance with this section, carry out surveillance, education, and testing programs with respect to hepatitis B and hepatitis C virus infections (referred to in this section as `HBV' and `HCV', respectively). The Secretary may carry out such programs directly and through grants to public and nonprofit private entities, including States, political subdivisions of States, territories, Indian tribes, and public-private partnerships. ``(b) National System.--In carrying out subsection (a), the Secretary shall, in consultation with States and other public or nonprofit private entities and public-private partnerships described in subsection (d), establish a national system with respect to HBV and HCV with the following goals: ``(1) To determine the incidence and prevalence of such infections, including providing for the reporting of acute and chronic cases. ``(2) With respect to the population of individuals who have such an infection, to carry out testing programs to increase the number of individuals who are aware of their infection to 50 percent by December 31, 2014, and to 75 percent by December 31, 2016. ``(3) To develop and disseminate public information and education programs for the detection and control of such infections. ``(4) To improve the education, training, and skills of health professionals in the detection, control, and care and treatment, of such infections. ``(5) To provide appropriate referrals for counseling and medical care and treatment of infected individuals and to ensure, to the extent practicable, the provision of appropriate follow-up services. ``(c) High-Risk Populations; Chronic Cases.-- ``(1) In general.--The Secretary shall determine the populations that, for purposes of this section, are considered at high-risk for HBV or HCV. The Secretary shall include the following among those considered at high-risk: ``(A) For HBV, individuals born in countries in which 2 percent or more of the population has HBV or who are a part of a high-risk category as identified by the Centers for Disease Control and Prevention. ``(B) For HCV, individuals born between 1945 and 1965 or who are a part of a high-risk category as identified by the Centers for Disease Control and Prevention. ``(C) Those who have been exposed to the blood of infected individuals or of high-risk individuals or who are family members of such individuals. ``(2) Priority in programs.--In providing for programs under this section, the Secretary shall give priority-- ``(A) to early diagnosis of chronic cases of HBV or HCV in high-risk populations under paragraph (1); and ``(B) to education, and referrals for counseling and medical care and treatment, for individuals diagnosed under subparagraph (A) in order to-- ``(i) reduce their risk of dying from end- stage liver disease and liver cancer, and of transmitting the infection to others; ``(ii) determine the appropriateness for treatment to reduce the risk of progression to cirrhosis and liver cancer; ``(iii) receive ongoing medical management, including regular monitoring of liver function and screenings for liver cancer; ``(iv) receive, as appropriate, drug, alcohol abuse, and mental health treatment; ``(v) in the case of women of childbearing age, receive education on how to prevent HBV perinatal infection, and to alleviate fears associated with pregnancy or raising a family; and ``(vi) receive such other services as the Secretary determines to be appropriate. ``(3) Cultural context.--In providing for services pursuant to paragraph (2) for individuals who are diagnosed under subparagraph (A) of such paragraph, the Secretary shall seek to ensure that the services are provided in a culturally and linguistically appropriate manner. ``(d) Public-Private Partnerships.-- ``(1) In general.--In carrying out this section, and not later than 60 days after the date of the enactment of the Viral Hepatitis Testing Act of 2014, the Secretary shall, in consultation with the Assistant Secretary for Health, the Director of the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of Minority Health, the Indian Health Service, other relevant agencies, and non-government stakeholder entities, establish and support public-private partnerships that facilitate the surveillance, education, screening, testing, and linkage to care programs authorized by this section. ``(2) Duties.--Public-private partnerships established or supported under paragraph (1) shall-- ``(A) focus primarily on the surveillance, education, screening, testing, and linkage to care programs authorized by this section; ``(B) generate resources, in addition to the funds made available pursuant to subsection (f), to carry out the surveillance, education, screening, testing, and linkage to care programs authorized in this section by leveraging Federal funding with non-Federal funding and support; ``(C) allow for investments in such programs of financial or in-kind resources by each of the partners involved in the partnership; ``(D) include corporate and industry entities, academic institutions, public and non-profit organizations, community and faith-based organizations, foundations, and other governmental and non- governmental organizations; and ``(E) advance the core goals of each of the partners of the partnership as determined by the Secretary in development of the partnership. ``(3) Annual reports.--The Secretary shall provide to the Congress an annual report on the public-private partnerships established under this subsection. Each such report shall include-- ``(A) the number of public-private partnerships established; ``(B) specific and quantifiable information on the surveillance, education, screening, testing, and linkage to care activities conducted as well as the outcomes achieved through each of the public-private partnerships; ``(C) the amount of Federal funding or resources dedicated to the public-private partnerships; ``(D) the amount of non-Federal funding or resources leveraged through the public-private partnerships; and ``(E) a plan for the following year that outlines future activities. ``(4) Limitation.--No more than 25 percent of the funds made available to carry out this section may be used for public-private partnerships established or supported under this subsection. ``(5) Linkage to care.--For purposes of this section, the term `linkage to care' means, with respect to an individual with a diagnosis of HBV or HCV, the referral of such individual to clinical care for a thorough evaluation of their clinical status to determine the need for treatment, vaccination for HBV, or other therapy. ``(e) Agency for Healthcare Research and Quality HBV and HCV Guidelines.--Due to the rapidly evolving standard of care associated with diagnosing and treating viral hepatitis infection, the Director of the Agency for Healthcare Research and Quality shall convene the Preventive Services Task Force under section 915(a) to review its recommendation for screening for HBV and HCV infection every 3 years. ``(f) Funding.-- ``(1) In general.--In addition to any amounts otherwise authorized by this Act, there are authorized to be appropriated to carry out this section-- ``(A) $25,000,000 for fiscal year 2014; ``(B) $35,000,000 for fiscal year 2015; and ``(C) $20,000,000 for fiscal year 2016. ``(2) Grants.--Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Secretary shall reserve not less than 80 percent for making grants under subsection (a). ``(3) Source of funds.--The funds made available to carry out this section shall be derived exclusively from the funds appropriated or otherwise made available for planning and evaluation under this Act.''. (b) Savings Provision.--The amendments made by this section shall not be construed to require termination of any program or activity carried out by the Secretary of Health and Human Services under section 317N of the Public Health Service Act (42 U.S.C. 247b-15) as in effect on the day before the date of the enactment of this Act.

Viral Hepatitis Testing Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to carry out surveillance, education, and testing programs with respect to hepatitis B (HBV) and hepatitis C (HCV) virus infections. Requires the Secretary to establish a national system with respect to HBV and HCV to: (1) determine the prevalence of such infections; (2) carry out testing programs to increase the number of individuals who are aware of their infection; (3) disseminate public information and education programs for the detection and control of such infections; (4) improve the training of health professionals in the detection, control, and treatment of such infections; and (5) provide referrals for counseling and medical treatment and ensure the provision of follow-up services. Directs the Secretary to determine the populations that are considered at high risk. Directs the Secretary to establish and support public-private partnerships that facilitate such HBV and HCV surveillance, education, screening, testing, and linkage to care programs. Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to convene the Preventive Services Task Force every three years to review its recommendation for HBV and HCV screening.

Viral Hepatitis Testing Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Family Services Extension and Enhancement Act''. SEC. 2. EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM. (a) In General.--Section 425 of the Social Security Act (42 U.S.C. 625) is amended by striking ``2007 through 2011'' and inserting ``2012 through 2016''. (b) Modification of Certain State Plan Requirements.-- (1) Response to emotional trauma.--Section 422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is amended by inserting ``, including emotional trauma associated with a child's maltreatment and removal from home'' before the semicolon. (2) Procedures on the use of psychotropic medications.-- Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended by inserting ``, including protocols for the appropriate use and monitoring of psychotropic medications'' before the semicolon. (3) Description of activities to address developmental needs of very young children.--Section 422(b) of such Act (42 U.S.C. 622(b)) is amended-- (A) by striking ``and'' at the end of paragraph (16); (B) by striking the period at the end of paragraph (17) and inserting ``; and''; and (C) by adding at the end the following: ``(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family placement, and the activities the State undertakes to address the developmental needs of such children who receive benefits or services under this part or part E.''. (c) Child Visitation by Caseworkers.--Section 424 of such Act (42 U.S.C. 624) is amended by striking the 2nd subsection (e), as added by section 7(b) of the Child and Family Services Improvement Act of 2006, and inserting the following: ``(f)(1)(A) Each State shall take such steps as are necessary to ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care under the responsibility of the State during a fiscal year is not less than 90 percent of the total number of such visits that would occur during the fiscal year if each such child were so visited once every month while in such care. ``(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by-- ``(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10; ``(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; or ``(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20. ``(2)(A) Each State shall take such steps as are necessary to ensure that not less than 50 percent of the total number of visits made by caseworkers to children in foster care under the responsibility of the State during a fiscal year occur in the residence of the child involved. ``(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by-- ``(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10; ``(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; or ``(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20.''. (d) Technical Correction.--Section 423(b) of such Act (42 U.S.C. 623(b)) is amended by striking ``per centum'' each place it appears and inserting ``percent''. SEC. 3. EXTENSION OF PROGRAM TO PROMOTE SAFE AND STABLE FAMILIES. (a) In General.--Section 436 of the Social Security Act (42 U.S.C. 629f) is amended-- (1) in subsection (a), by striking all that follows ``$345,000,000'' and inserting ``for each of fiscal years 2012 through 2016.''; and (2) in subsection (b)-- (A) in paragraph (2), by striking ``$30,000,000'' and inserting ``$20,000,000''; (B) in paragraph (4)(A), by striking ``433(e)'' and all that follows and inserting ``433(e) $20,000,000 for each of fiscal years 2012 through 2016.''; and (C) in paragraph (5), by striking ``437(f)'' and all that follows and inserting ``437(f) $20,000,000 for each of fiscal years 2012 through 2016''. (b) Discretionary and Targeted Grants.--Section 437 of such Act (42 U.S.C. 629g) is amended in each of subsections (a) and (f)(3)(A) by striking ``2007 through 2011'' and inserting ``2012 through 2016''. (c) Entitlement Funding for State Courts To Assess and Improve Handling of Proceedings Relating to Foster Care and Adoption.--Section 438 of such Act (42 U.S.C. 629h) is amended-- (1) in subsection (a)(2)(A), by inserting ``, including the requirements in the Act related to concurrent planning and the ability to bypass reunification efforts in certain egregious situations'' before the semicolon; (2) in each of subsections (c)(1)(A) and (d), by striking ``2002 through 2011'' and inserting ``2012 through 2016''; (3) in subsection (c)(2)(A)-- (A) by striking ``2006 through 2011'' and inserting ``2012 through 2016''; and (B) by striking ``the amount made available under whichever of paragraph (1) or (2) of subsection (e) applies with respect to the grant'' and inserting ``the amount reserved pursuant to section 436(b)(2) (and the amount, if any, reserved pursuant to section 437(b)(2))''; (4) in subsection (c)(2)(B), by striking ``the amount made available under subsection (e) for such a grant'' and inserting ``the amount reserved pursuant to section 436(b)(2) (and the amount, if any, reserved pursuant to section 437(b)(2))''; and (5) by striking subsection (e). (d) Submission to Congress of State Summaries of Financial Data; Publication on Hhs Web Site.--Section 432(c) of such Act (42 U.S.C. 629b(c)) is amended-- (1) by striking all that precedes ``shall'' and inserting the following: ``(c) Annual Submission of State Reports to Congress.-- ``(1) In general.--The Secretary''; and (2) by adding after and below the end the following: ``(2) Information to be included.--The compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1. ``(3) Public accessibility.--Not later than September 30 of each year, the Secretary shall publish the compilation on the Web site of the Department of Health and Human Services in a location easily accessible by the public.''. (e) Elimination of References to Methamphetamines in Substance Abuse Grants.--Section 437(f) of such Act (42 U.S.C. 629g(f)) is amended-- (1) in the subsection heading, by striking ``Methamphetamine or Other''; (2) in each of paragraphs (1), (4)(A), (7)(A)(i), and (9)(B)(iii), by striking ``methamphetamine or other''; and (3) in paragraph (7)-- (A) by striking ``shall--'' and all that follows through ``(A) take'' and inserting ``shall take''; (B) in subparagraph (A)(iv), by striking ``; and'' and inserting a period; (C) by striking subparagraph (B); and (D) by redesignating clauses (i) through (iv) of subparagraph (A) as subparagraphs (A) through (D), respectively, and moving each of such provisions 2 ems to the left. (f) Grants for Programs for Mentoring Children of Prisoners.-- Section 439 of such Act (42 U.S.C. 629i) is amended-- (1) by striking subsection (a)(2) and inserting the following: ``(2) Purpose.--The purpose of this section is to authorize the Secretary to make competitive grants to applicants in areas with substantial numbers of children of incarcerated parents, in order to support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring services for children of prisoners.''; (2) in subsection (c)-- (A) by striking ``(i) for a fiscal year that remain after applying subsection (i)(2)'' and inserting ``(h) for a fiscal year that remain after applying subsection (h)(2)''; and (B) by striking ``2007 through 2011'' and inserting ``2012 through 2016''; (3) by striking subsection (g); (4) in subsection (h)-- (A) in paragraph (1), by striking ``, including the service delivery demonstration project authorized under subsection (g)''; and (B) in paragraph (2)-- (i) by striking subparagraph (B); (ii) in subparagraph (C), by striking ``and how the evaluation has been expanded to include an evaluation of the demonstration project authorized under subsection (g)''; and (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (5) in subsection (i)-- (A) in paragraph (1), by striking ``such sums as may be necessary for fiscal years 2007 through 2011'' and inserting ``$25,000,000 for each of fiscal years 2012 through 2016''; and (B) in paragraph (2)-- (i) by striking all through ``The Secretary'' and inserting the following: ``(2) Reservation for research, technical assistance, and evaluation.--The Secretary''; and (ii) by striking subparagraph (B); and (6) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. (g) Technical Corrections.-- (1) Section 432(a)(8)(B) of the Social Security Act (42 U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and (ii) by striking ``forms CFS 101-Part I and CFS 101-Part II (or any successor forms)'' and inserting ``form CFS-101 (including all parts and any successor forms)''. (2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 629c(c)(2)) is amended by striking ``benefits benefits'' each place it appears and inserting ``benefits''. (3) Effective as if included in the enactment of the Safe and Timely Interstate Placement of Foster Children Act of 2006, section 8(b) of such Act (120 Stat. 513) is amended by striking ``438(b) of such Act (42 U.S.C. 638(b))'' inserting ``438(b)(1) of such Act (42 U.S.C. 629h(b)(1))''. SEC. 4. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. (a) In General.--Part B of title IV of the Social Security Act (42 U.S.C. 621-629i) is amended by adding at the end the following: ``Subpart 3--Common Provisions ``SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. ``(a) Standard Data Elements.-- ``(1) Designation.--The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State perspectives, shall, by rule, designate standard data elements for any category of information required to be reported under this part. ``(2) Data elements must be nonproprietary and interoperable.--The standard data elements designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable. ``(3) Other requirements.--In designating standard data elements under this subsection, the Secretary shall, to the extent practicable, incorporate-- ``(A) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization; ``(B) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and ``(C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulations Council. ``(b) Data Standards for Reporting.-- ``(1) Designation.--The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, shall, by rule, designate data reporting standards to govern the reporting required under this part. ``(2) Requirements.--The data reporting standards required by paragraph (1) shall, to the extent practicable-- ``(A) incorporate a widely accepted, non- proprietary, searchable, computer-readable format; ``(B) be consistent with and implement applicable accounting principles; and ``(C) be capable of being continually upgraded as necessary. ``(3) Incorporation of nonproprietary standards.--In designating reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2012, and shall apply with respect to information required to be reported on or after such date. SEC. 5. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION. (a) Educational Stability for Each Foster Placement.--Section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended-- (1) in clause (i), by striking ``the placement'' and inserting ``each placement''; and (2) in clause (ii)(I), by inserting ``each'' before ``placement''. (b) Study on Recruitment of and Support for Foster Parents, Adoptive Parents, and Kin Guardians.-- (1) In general.--The Secretary of Health and Human Services shall, in accordance with paragraph (2), conduct a study on the recruitment of and support for families caring for children served by any program funded under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.), including foster parents, adoptive parents, and kin guardians. (2) Contents of study.--The study shall include-- (A) a survey of foster parents, who care for children served by any foster care program funded under part E of title IV of the Social Security Act; (B) an evaluation of the role of respite care training and services; (C) the identification of the capacity of respite care service providers in each State; (D) the identification of any barriers that limit the ability of States to successfully recruit and retain foster families in the foster care system; (E) the identification of any barriers that limit the ability of States to successfully recruit and support adoptive parents and relative caregivers; and (F) any other matters that the Secretary of Health and Human Services deems appropriate for this study. (3) Report.--Within 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the findings of the study required by paragraph (1), and such recommendations with respect to the matters studied as the Secretary deems appropriate. (c) Description of Adoption Spending.--Section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8)) is amended by inserting ``, and shall document how such amounts are spent, including on post- adoption services'' before the period. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 2011, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to subpart 1 of part B, or a State plan approved under subpart 2 of part B or part E, of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Child and Family Services Extension and Enhancement Act - Amends title IV part B (Child and Family Services) of the Social Security Act (SSA) to revise and extend the Stephanie Tubbs Jones Child Welfare Services Program. Requires each state plan for oversight and coordination of health care services for any child in a foster care placement to include an outline of: (1) the monitoring and treatment of emotional trauma associated with a child's maltreatment and removal from home, and (2) protocols for the appropriate use and monitoring of psychotropic medications. Requires each state plan for child welfare services also to describe state activities to: (1) reduce the length of time children under age 5 are without a permanent family placement, and (2) address the developmental needs of such children who receive Program benefits or services. Revises requirements for child visitations by caseworkers. Replaces the current requirement for certain action by the Secretary of Health and Human Services (HHS) with one that requires each state to take necessary steps to ensure that the total number of monthly caseworker visits to children in foster care under state responsibility during a fiscal year is at least 90% of the total number of such visits that would occur if each such child were so visited once every month while in such care. Revises and extends through FY2016 the program to promote safe and stable families. Requires the annual compilation of state reports to include the individual state reports and tables that synthesize state information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program. Requires the Secretary to publish the compilation on the HHS website in a location easily accessible by the public. Revises requirements for grants to assist children affected by a parent's or caretaker's methamphetamine or other substance abuse to: (1) remove the specification of methamphetamine, and (2) apply the grant program generally to children affected by a parent's or caretaker's substance abuse. Repeals the Secretary's authority to enter a cooperative agreement to conduct a service delivery demonstration project relating to the mentoring of children of prisoners. Directs the Secretary, in order to improve data matching, to designate nonproprietary and interoperable standard data elements for any category of information required to be reported. Amends SSA title IV part E (Foster Care and Adoption Assistance) to direct the Secretary to study the recruitment of and support for families caring for children served by any program funded under part E, including foster parents, adoptive parents, and kin guardians.

To amend part B of title IV of the Social Security Act to extend the child and family services program through fiscal year 2016, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Responsibility Act of 1995''. SEC. 2. PURPOSE. The purpose of this Act is to promote compliance with Article I of the United States Constitution, which grants legislative powers solely to Congress. Article I ensures that Federal regulations will not take effect unless passed by a majority of the members of the Senate and House of Representatives and signed by the President, or that the members of the Senate and House of Representatives override the President's veto. This Act ends the practice whereby Congress delegates its responsibility for making regulations to unelected, unaccountable officials of the executive branch and requires that regulations proposed by agencies of the executive branch be affirmatively enacted by Congress before they become effective. The Act will result in a more democratic and accountable Congress and protect the public from regulations for which elected, accountable officials are unwilling to take responsibility. SEC. 3. ENACTMENT OF AGENCY REGULATIONS. (a) Congressional Approval.--A regulation shall not take effect before the date of the enactment of a bill described in section 4(a) comprised solely of the text of the regulation. (b) Agency Report.--Whenever an agency promulgates a regulation, the agency shall submit to each House of Congress a report containing the text of the proposed regulation and an explanation of the proposed regulation. The explanation shall consist of the concise general statement of their basis and purpose required by section 553 of title 5, United States Code and such explanatory documents as are mandated by other statutory requirements. SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS. (a) Introduction.--Not later than three legislative days after the date on which an agency submits a report under section 3(b), the Majority Leader of each House of Congress shall introduce (by request) a bill comprised solely of the text of the regulation contained in the report. If such a bill is not introduced in a House of Congress as provided in the preceding sentence, then any Member of that House may introduce such a bill. (b) Bill.--For purposes of this section, the term ``bill'' means a bill of the two Houses of Congress, the matter after the enacting clause of which is as follows: ``The following agency regulations are hereby approved and shall have the force and effect of law:'' (the text of the regulations being set forth after the semicolon). (c) Referral and Consideration.--(1) A bill described in subsection (b) shall not be referred to a committee. (2) It is in order for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (3) Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than one hour, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (4) Appeals from the decisions of the Chair relating to the application of the regulations of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (d) Final Passage.--A vote on final passage of a bill described in subsection (b) shall be taken in a House of Congress on or before the close of the 60th calendar day after the date of the introduction of the bill in that House. (e) Exception.--A motion to suspend the application of subsections (c) and (d) is in order in either House of Congress and shall be considered as passed or agreed to by a vote of a majority of the Members voting. Upon the passage of such a motion, the bill shall be considered in the same manner as other bills. (f) Treatment if the Other House Has Acted.--(1) If, before the passage by one House of a bill introduced in that House described in subsection (b), that House receives from the other House a bill described in subsection (b) comprised of the same text, then: (A) The bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a bill described in subsection (b) of the House receiving the bill-- (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 551(1) of title 5, United States Code. (2) Regulation.--The term ``regulation'' has the meaning given the term ``rule'' in section 551(4) of title 5, United States Code, except that such term does not include-- (A) any regulation of particular applicability; or (B) any interpretative rule, general statement of policy, or any regulation of agency organization, personnel, procedure, or practice. SEC. 6. EFFECTIVE DATE. This Act shall apply to agency regulations promulgated after the date of the enactment of this Act. SEC. 7. JUDICIAL REVIEW. A regulation contained in a bill enacted pursuant to this Act is not an agency action for the purpose of Judicial review under chapter 7 of title 5, United States Code.

Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.

Congressional Responsibility Act of 1995

SECTION 1. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES. (a) Extension of Duty-Free Treatment Under System.--Section 505 of the Trade Act of 1974 (29 U.S.C. 2465) is amended by striking ``June 30, 1998'' and inserting ``June 30, 2000''. (b) Retroactive Application for Certain Liquidations and Reliquidations.-- (1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to paragraph (2), the entry-- (A) of an article to which duty-free treatment under title V of the Trade Act of 1974 would have applied if such title had been in effect during the period beginning on July 1, 1998, and ending on the day before the date of the enactment of this Act, and (B) that was made after June 30, 1998, and before the date of the enactment of this Act, shall be liquidated or reliquidated as free of duty, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. As used in this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption. (2) Requests.--Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service-- (A) to locate the entry; or (B) to reconstruct the entry if it cannot be located. SEC. 2. DUTY DRAWBACK FOR METHYL TERTIARY-BUTYL ETHER (``MTBE''). (a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff Act of 1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by striking ``and 2902'' and inserting ``2902, and 2909.19.14''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act, and shall apply to drawback claims filed on and after such date. SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES. (a) In General.--Section 313(p)(1) of the Tariff Act of 1930 (19 U.S.C. 1313(p)(1)) is amended in the matter following subparagraph (C) by striking ``the amount of the duties paid on, or attributable to, such qualified article shall be refunded as drawback to the drawback claimant.'' and inserting ``drawback shall be allowed as described in paragraph (4).''. (b) Requirements.--Section 313(p)(2) of such Act (19 U.S.C. 1313(p)(2)) is amended-- (1) in subparagraph (A)-- (A) in clauses (i), (ii), and (iii), by striking ``the qualified article'' each place it appears and inserting ``a qualified article''; and (B) in clause (iv), by striking ``an imported' and inserting ``a''; and (2) in subparagraph (G), by inserting ``transferor,'' after ``importer,''. (c) Qualified Article Defined, Etc.--Section 313(p)(3) of such Act (19 U.S.C. 1313(p)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (i)(II), by striking ``liquids, pastes, powders, granules, and flakes'' and inserting ``the primary forms provided under Note 6 to chapter 39 of the Harmonized Tariff Schedule of the United States''; and (B) in clause (ii)-- (i) in subclause (I) by striking ``or'' at the end; (ii) in subclause (II) by striking the period and inserting ``, or''; and (iii) by adding after subclause (II) the following: ``(III) an article of the same kind and quality as described in subparagraph (B), or any combination thereof, that is transferred, as so certified in a certificate of delivery or certificate of manufacture and delivery in a quantity not greater than the quantity of articles purchased or exchanged. The transferred merchandise described in subclause (III), regardless of its origin, so designated on the certificate of delivery or certificate of manufacture and delivery shall be the qualified article for purposes of this section. A party who issues a certificate of delivery, or certificate of manufacture and delivery, shall also certify to the Commissioner of Customs that it has not, and will not, issue such certificates for a quantity greater than the amount eligible for drawback and that appropriate records will be maintained to demonstrate that fact.''; (2) in subparagraph (B), by striking ``exported article'' and inserting ``article, including an imported, manufactured, substituted, or exported article,''; and (3) in the first sentence of subparagraph (C), by striking ``such article.'' and inserting ``either the qualified article or the exported article.''. (d) Limitation on Drawback.--Section 313(p)(4)(B) of such Act (19 U.S.C. 1313(p)(4)(B)) is amended by inserting before the period at the end the following: ``had the claim qualified for drawback under subsection (j)''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendment made by section 632(a)(6) of the North American Free Trade Agreement Implementation Act. For purposes of section 632(b) of that Act, the 3-year requirement set forth in section 313(r) of the Tariff Act of 1930 shall not apply to any drawback claim filed within 6 months after the date of the enactment of this Act for which that 3-year period would have expired. SEC. 4. RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Secretary of the Treasury not later than 90 days after the date of the enactment of this Act, the Secretary-- (1) shall reliquidate as free of duty the entries listed in subsection (b); and (2) shall refund any duties paid with respect to such entry. (b) Affected Entries.--The entries referred to in subsection (a) are as follows: 062-2320014-5.................... 01-16-96 06-07-96 062-2320085-5.................... 02-13-96 07-12-96 839-4030989-7.................... 01-25-96 10-10-97 839-4031053-1.................... 12-02-96 10-17-97 839-4031591-0.................... 01-21-97 12-05-97 SEC. 5. LIQUIDATION OR RELIQUIDATION OF CERTAIN WATER RESISTANT WOOL TROUSERS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Secretary of the Treasury not later than 90 days after the date of the enactment of this Act, the Secretary-- (1) shall reliquidate as free of duty the entries listed in subsection (b); and (2) shall refund any duties paid with respect to such entry. (b) Affected Entries.--The entries referred to in subsection (a) are as follows: 901-0243655-8................... September 18, 1989 901-0243861-2................... October 16, 1989 901-0244072-5................... November 12, 1989 901-0246043-4................... August 30, 1990 901-0246421-2................... November 2, 1990 901-0246482-4................... November 11, 1990 901-0251209-3................... October 26, 1992 901-0060944-6................... November 12, 1993 SEC. 6. DUTY ON CERTAIN IMPORTATIONS OF MUESLIX CEREALS. (a) Before January 1, 1996.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption made after December 31, 1991, and before January 1, 1996, of mueslix cereal, which was classified under the special column rate applicable for Canada in subheading 2008.92.10 of the Harmonized Tariff Schedule of the United States-- (1) shall be liquidated or reliquidated as if the special column rate applicable for Canada in subheading 1904.10.00 of such Schedule applied at the time of such entry or withdrawal; and (2) any excess duties paid as a result of such liquidation or reliquidation shall be refunded, including interest at the appropriate applicable rate. (b) After December 31, 1995.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption made after December 31, 1995, and before January 1, 1998, of mueslix cereal, which was classified under the special column rate applicable for Canada in subheading 1904.20.10 of the Harmonized Tariff Schedule of the United States-- (1) shall be liquidated or reliquidated as if the special column rate applicable for Canada in subheading 1904.10.00 of such Schedule applied at the time of such entry or withdrawal; and (2) any excess duties paid as a result of such liquidation or reliquidation shall be refunded, including interest at the appropriate applicable rate. SEC. 7. EXPANSION OF FOREIGN TRADE ZONE NO. 143. (a) Expansion of Foreign Trade Zone.--The Foreign Trade Zones Board shall expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted by the Sacramento-Yolo Port District of Sacramento, California, to the Board on March 11, 1997. (b) Other Requirements Not Affected.--The expansion of Foreign Trade Zone No. 143 under subsection (a) shall not relieve the Port of Sacramento of any requirement under the Foreign Trade Zones Act, or under regulations of the Foreign Trade Zones Board, relating to such expansion. SEC. 8. CUSTOMS USER FEES. (a) Additional Preclearance Activities.--Section 13031(f)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)) is amended-- (1) in clause (ii) by striking ``and'' at the end; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following: ``(iii) to the extent funds remain available after making reimbursements under clause (ii), in providing salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services, and''; and (4) in clause (iv), as so redesignated, by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''. (b) Collection of Fees for Passengers Aboard Commercial Vessels.-- Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended-- (1) in subsection (a), by amending paragraph (5) to read as follows: ``(5)(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5. ``(B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.''; and (2) in subsection (b)(1)(A), by striking ``(A) No fee'' and inserting ``(A) Except as provided in subsection (a)(5)(B) of this section, no fee''. (c) Use of Merchandise Processing Fees for Automated Commercial Systems.--Section 13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended by adding at the end the following: ``(6) Of the amounts collected in fiscal year 1999 under paragraphs (9) and (10) of subsection (a), $50,000,000 shall be available to the Customs Service, subject to appropriations Acts, for automated commercial systems. Amounts made available under this paragraph shall remain available until expended.''. (d) Advisory Committee.--Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the end the following: ``(k) Advisory Committee.--The Commissioner of Customs shall establish an advisory committee whose membership shall consist of representatives from the airline, cruise ship, and other transportation industries who may be subject to fees under subsection (a). The advisory committee shall not be subject to termination under section 14 of the Federal Advisory Committee Act. The advisory committee shall meet on a periodic basis and shall advise the Commissioner on issues related to the performance of the inspectional services of the United States Customs Service. Such advice shall include, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Commissioner shall give consideration to the views of the advisory committee in the exercise of his or her duties.''. SEC. 9. MARKING OF CERTAIN SILK PRODUCTS AND CONTAINERS. (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended-- (1) by redesignating subsections (h), (i), (j), and (k) as subsections (i), (j), (k), and (l), respectively; and (2) by inserting after subsection (g) the following new subsection: ``(h) Marking of Certain Silk Products.--The marking requirements of subsections (a) and (b) shall not apply either to-- ``(1) articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997; or ``(2) goods provided for in heading 5007 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997.''. (b) Conforming Amendment.--Section 304(j) of such Act, as redesignated by subsection (a)(1) of this section, is amended by striking ``subsection (h)'' and inserting ``subsection (i)''. (c) Effective Date.--The amendments made by this section apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act.

Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences through June 30, 2000. (Sec. 1) Provides, upon request filed with the Customs Service, for the liquidation or reliquidation (refund of duties) on entries of articles to which duty-free treatment under the Generalized System of Preferences would have applied if it had been in effect between June 30, 1998, and the date of enactment of this Act. (Sec. 2) Amends the Tariff Act of 1930 to allow a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met. (Sec. 3) Revises the methodology used to calculate the refund of duties on the export of finished petroleum derivatives that have been manufactured with (and substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article. (Sec. 4) Directs the Secretary of the Treasury, upon proper request, to reliquidate as free of duty certain entries of: (1) nuclear fuel assemblies; and (2) water resistant wool trousers. Requires a refund of any duties paid with respect to such entries. (Sec. 6) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries or withdrawals for warehouse of mueslix cereal during 1992 through 1995; and (2) refund to the importer any excess duties paid with respect to such entries. (Sec. 7) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997. (Sec. 8) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for the use of customs user fees, to the extent funds remain available after making certain reimbursements, for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services. Provides for the collection of a $1 customs user fee from each passenger aboard a commercial vessel whose arrival: (1) originated in Canada, Mexico, a U.S. territory or possession, or any adjacent island; or (2) originated in the United States and was limited to such places. (Currently, such fees are prohibited.) Earmarks, subject to appropriations Acts, a specified amount of certain customs user fees for the Customs Service for automated commercial systems. Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the U.S. Customs Service. (Sec. 9) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements under such Act.

To reauthorize the Generalized System of Preferences, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helium Disposal Act of 1995''. SEC. 2. AMENDMENT OF HELIUM ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Helium Act, as amended (50 U.S.C. 167 to 167n). SEC. 3. AUTHORITY OF SECRETARY. Sections 3, 4, and 5 are amended to read as follows: ``SEC. 3. AUTHORITY OF SECRETARY. ``(a) Extraction, Disposal, and Sale of Helium on Federal Lands.-- (1) The Secretary may enter into agreements with private parties for the recovery, disposal, and sale of helium on Federal lands upon such terms and conditions as he deems fair, reasonable, and necessary. All money received by the Secretary from the sale, extraction, or other disposition of helium on Federal lands, including money received under contractual arrangements executed before the effective date of this Act, shall be deposited to the general fund of the Treasury. ``(2) Any agreement under this subsection shall be subject to the existing rights of any affected Federal oil and gas lessee. Each such agreement (and any extension or renewal thereof) shall contain such terms and conditions as deemed appropriate by the Secretary. ``(3) Prior Agreements.--This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence on the date of enactment of the Helium Disposal Act of 1995 except to the extent that such agreements are renewed or extended after that date. ``(4) Regulations.--Agreements under this subsection may be subject to such regulations as may be prescribed by the Secretary. ``(b) Helium on Public Domain.--Any known helium-gas-bearing land on the public domain not covered at the time by leases or permits under the Mineral Lands Leasing Act of February 25, 1920, as amended, may be reserved for the purposes of this Act, and any reservation of the ownership of helium may include the right to extract, or have extracted, such helium, under such rules and regulations as may be prescribed by the Secretary, from all gas produced from lands so permitted, leased, or otherwise granted for development, except that in the extraction of helium from gas produced from such lands, it shall be extracted so as to cause no delay, except that required by the extraction process, in the delivery of gas produced from the well to the purchaser or purchasers thereof at the point of delivery specified in contracts for the purchase of such gas. ``(c) Storage, Transportation, and Sale.--The Secretary is authorized to store, transport, and sell or otherwise dispose of helium only in accordance with this Act. ``(d) Monitoring and Reporting.--The Secretary is authorized to monitor helium production and helium reserves and to prepare periodically reports regarding the amounts of helium produced and the quality of crude helium in storage. ``SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE HELIUM. ``(a) Storage, Transportation, and Withdrawal.--The Secretary is authorized to store, transport, and withdraw crude helium and to maintain and operate existing crude helium storage at the United States Bureau of Mines Cliffside Field, together with related helium transportation and withdrawal facilities only in accordance with this Act. ``(b) Fees for Storage, Transportation, and Withdrawal.--Whenever the Secretary provides crude helium storage, withdrawal, or transportation services to any person, the Secretary is authorized to impose fees on such person to reimburse the Secretary for the full costs or market value, whichever is greater, of providing such storage, transportation, and withdrawal services. ``(c) Helium Reserve Management Fund.--There is hereby established in the Treasury of the United States a revolving fund known as the Helium Reserve Management Fund. The Secretary of the Interior is directed to deposit in this fund all fees collected under subsection (b). This fund shall be available to the Secretary, without further appropriation and without fiscal year limitation, to cover the costs of this Act. ``SEC. 5. CESSATION OF CERTAIN ACTIVITIES. ``(a) Cessation of Production, Refining, and Marketing.--Within three years after the date of enactment of the Helium Disposal Act of 1995, the Secretary shall cease producing, refining, and marketing refined helium. ``(b) Disposal of Facilities.--(1) Within two years after the cessation of activities referred to in subsection (a) of this section, the Secretary shall designate as excess property the facilities, equipment, and other real and personal property, together with all interests therein, held by the United States for the purpose of producing, refining, and marketing refined helium. The disposal of such property shall be in accordance with the Federal Property and Administrative Services Act of 1949. ``(2) Proceeds from the asset sale described in paragraph (1) shall be paid to the general fund of the Treasury. If the President so designates, the net proceeds shall be included in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 (the Act) and shall be counted for the purposes of section 252 of the Act as an offset to direct spending notwithstanding section 257(e) of the Act. ``(3) Exception.--Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage and transportation of crude helium or any equipment needed to maintain the purity, quality control, and quality assurance of helium in the Bureau of Mines Cliffside Field. ``(c) Existing Contracts.--All contracts which were entered into by any person with the Secretary for the purchase by such person from the Secretary of refined helium and which are in effect on the date of the enactment of the Helium Disposal Act of 1995 shall remain in force and effect no longer than the date on which cessation of activities referred to in subsection (a) of this section occurs. Any costs associated with the termination of such contracts shall be paid from the Helium Production Fund. Any associated costs that may arise after the abolishment of the Helium Production Fund shall be paid from the Helium Reserve Management Fund established by section 4(c).''. SEC. 4. DISPOSAL OF CRUDE HELIUM. Section 6 is amended to read as follows: ``SEC. 6. DISPOSAL OF CRUDE HELIUM. ``(a) Authority for Sale of Crude Helium.--The Secretary is directed to make sales of crude helium to reduce the helium reserves owned by the United States, consistent with section 8 of this Act. ``(b) Terms of Sale of Crude Helium.--Sales of crude helium under this section shall be in such quantities, under such terms and conditions, and at such prices to cover, at a minimum, all costs in carrying out the provisions of this Act, and shall on an annual basis at least be a volume equivalent to the amount of refined helium purchased by the Federal Government unless the Secretary determines and notifies the Congress in writing that such sales will unduly disrupt the usual markets of producers, processors, and consumers of helium and will not protect the United States against avoidable loss. ``(c) Abolish Helium Production Fund.--The Helium Production Fund, established by this section as it read prior to the amendment effected by this Act, shall continue to exist until the completion of the disposal of facilities, equipment, and other real and personal property under section 5(b)(1) of this Act, at which time the fund shall be abolished. All money in the Helium Production Fund at that time shall be transferred to the general fund of the United States Treasury. ``(d) Crude Helium Sales Proceeds.--Proceeds from the sale of crude helium described in subsection (b) and in section 8(a) shall be credited to the Helium Production Fund until such fund is abolished pursuant to subsection (c). Upon abolishment of the fund, the proceeds from the sale of crude helium shall be deposited in the general fund of the United States Treasury, except that the Secretary may retain proceeds, not to exceed $5,000,000 annually, to cover the costs of crude helium disposal as provided by this Act. Amounts retained by the Secretary shall be deposited in the Helium Reserve Management and remain available without further appropriation or fiscal year limitation. ``(e) Asset Sale Waiver.--If the President so designates, proceeds from the asset sale described in paragraph (b) shall be included in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 (the Act) and shall be counted for the purposes of section 252 as an offset to direct spending notwithstanding section 257(e) of the Act. ``(f) Report to Congress.--Upon the abolishment of the Helium Production Fund pursuant to subsection (c), the Secretary shall submit to the House Committee on Resources and the Senate Committee on Energy and Natural Resources a report specifying the current and projected costs for the disposal of crude helium reserves and the current and projected receipts from such disposal.''. SEC. 5. CANCELLATION OF HELIUM DEBT. The Secretary of the Treasury shall cancel the interest accrued and unpaid as well as the outstanding principal of all notes issued by the Secretary pursuant to section 12 of the Helium Act and also cancel the outstanding interest accrued and unpaid as well as the principal of the net capital and retained earnings debt of the Helium Production Fund established pursuant to section 6 of the Helium Act Amendments of 1960 (Public Law 86-777). SEC. 6. REPEAL OF COOPERATIVE AUTHORITY. Section 7 is repealed. SEC. 7. ELIMINATION OF STOCKPILE. Section 8 is amended to read as follows: ``SEC. 8. ELIMINATION OF STOCKPILE. ``(a) Stockpile Sales.--Not later than January 1, 1996, the Secretary shall commence making sales of crude helium from helium reserves owned by the United States and stored in the Bureau of Mines Cliffside Field, in such amounts as may be necessary to dispose of all such helium reserves in excess of an amount determined to be in the national interest by the Secretary by January 1, 2020. The sales shall be at such times and in such lots as the Secretary determines in consultation with the helium industry and may be made by contract or other investment instrument. The price for all such sales, as determined by the Secretary in consultation with the helium industry, shall be comparable to prices for helium sold by private industry. An annual review of price comparability shall be made by the Secretary. Price adjustments by the Secretary shall be made accordingly to protect the interests of the United States. ``(b) Discovery of Additional Reserves.--The discovery of additional helium reserves shall not affect the duty of the Secretary to make sales of helium as provided in subsection (a) of this section, as the case may be.''. SEC. 8. REPEAL OF ADMINISTRATION AND OTHER AUTHORITIES. Sections 10 through 17 are repealed.

Helium Disposal Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to enter into agreements with private parties for the recovery, disposal, and sale of helium on Federal lands. Mandates that all proceeds received from such transactions be deposited into the Treasury. Repeals the Secretary's authority to acquire lands, interests, or options (including oil or gas leases), and to construct or acquire facilities, for helium production. Authorizes the Secretary to: (1) dispose of helium only in accordance with this Act; (2) monitor and prepare periodic reports on helium production and reserves; (3) store, transport, and withdraw crude helium, and to maintain and operate existing crude helium storage at the U.S. Bureau of Mines Cliffside Field, together with related helium transportation and withdrawal facilities; and (4) impose fees for providing storage, transportation, and withdrawal services. Establishes the Helium Reserve Management Fund to cover the costs of this Act. Directs the Secretary to cease producing, refining, and marketing refined helium within three years after the date of enactment of this Act. Prescribes helium facility disposal guidelines. Exempts from such guidelines any facilities, equipment, or property necessary for crude helium storage or transportation, or any equipment needed to maintain quality control and assurance of helium in the Bureau of Mines Cliffside Field. Terminates existing helium sales contracts as of the date on which the Secretary has ceased producing, refining, and marketing refined helium pursuant to this Act. States that contract termination costs shall be paid from the Helium Production Fund, or, after its abolishment, from the Helium Reserve Management Fund. Prescribes guidelines under which the Secretary shall sell crude helium to reduce federally-held reserves. Abolishes the Helium Production Fund upon completion of the disposal of Federal helium facilities, equipment, and property. Instructs the Secretary of the Treasury to cancel outstanding Federal helium debt. Repeals intragovernmental cooperation guidelines. Sets a deadline by which the Secretary shall sell helium reserves stored in the Bureau of Mines Cliffside Field.

Helium Disposal Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Downpayment Simplification Act of 2002''. SEC. 2. DOWNPAYMENT SIMPLIFICATION. Section 203 of the National Housing Act (12 U.S.C. 1709) is amended-- (1) in subsection (b)-- (A) by striking ``shall--'' and inserting ``shall comply with the following:''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter that precedes clause (ii), by moving the margin 2 ems to the right; (ii) in the undesignated matter immediately following subparagraph (B)(iii)-- (I) by striking the second and third sentences of such matter; (II) by striking the seventh sentence (relating to principal obligation) and all that follows through the end of the ninth sentence (relating to charges and fees); and (III) by striking the eleventh sentence (relating to disclosure notice) and all that follows through the end of the last undesignated paragraph (relating to disclosure notice requirements); and (iii) by striking subparagraph (B) and inserting the following: ``(B) not to exceed an amount equal to the sum of-- ``(i) the amount of the mortgage insurance premium paid at the time the mortgage is insured; and ``(ii) in the case of-- ``(I) a mortgage for a property with an appraised value equal to or less than $50,000, 98.75 percent of the appraised value of the property; ``(II) a mortgage for a property with an appraised value in excess of $50,000 but not in excess of $125,000, 97.65 percent of the appraised value of the property; ``(III) a mortgage for a property with an appraised value in excess of $125,000, 97.15 percent of the appraised value of the property; or ``(IV) notwithstanding subclauses (II) and (III), a mortgage for a property with an appraised value in excess of $50,000 that is located in an area of the State for which the average closing cost exceeds 2.10 percent of the average, for the State, of the sale price of properties located in the State for which mortgages have been executed, 97.75 percent of the appraised value of the property.''; (C) by transferring and inserting the text of paragraph (10)(B) after the period at the end of the first sentence of the undesignated paragraph that immediately follows paragraph (2)(B) (relating to the definition of ``area''); and (D) by striking paragraph (10); and (2) by inserting after subsection (e), the following: ``(f) Disclosure of Other Mortgage Products.-- ``(1) In general.--In conjunction with any loan insured under this section, an original lender shall provide to each prospective borrower a disclosure notice that provides a 1-page analysis of mortgage products offered by that lender and for which the borrower would qualify. ``(2) Notice.--The notice required under paragraph (1) shall include-- ``(A) a generic analysis comparing the note rate (and associated interest payments), insurance premiums, and other costs and fees that would be due over the life of the loan for a loan insured by the Secretary under subsection (b) with the note rates, insurance premiums (if applicable), and other costs and fees that would be expected to be due if the mortgagor obtained instead other mortgage products offered by the lender and for which the borrower would qualify with a similar loan- to-value ratio in connection with a conventional mortgage (as that term is used in section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) or section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), as applicable), assuming prevailing interest rates; and ``(B) a statement regarding when the requirement of the mortgagor to pay the mortgage insurance premiums for a mortgage insured under this section would terminate, or a statement that the requirement shall terminate only if the mortgage is refinanced, paid off, or otherwise terminated.''. SEC. 3. CONFORMING AMENDMENTS. Section 245 of the National Housing Act (12 U.S.C. 1715z-10) is amended-- (1) in subsection (a), by striking ``, or if the mortgagor'' and all that follows through ``case of veterans''; and (2) in subsection (b)(3), by striking ``, or, if the'' and all that follows through ``for veterans,''. SEC. 4. REPEAL OF GNMA GUARANTEE FEE INCREASE. Section 972 of the Higher Education Amendments of 1998 (Public Law 105-244; 112 Stat. 1837) is hereby repealed. SEC. 5. INDEXING OF FHA MULTIFAMILY HOUSING LOAN LIMITS. (a) The National Housing Act (12 U.S.C. 1701 et seq.) is amended by inserting after section 206 the following new section 206A (12 U.S.C. 1712A): ``SEC. 206A. INDEXING OF FHA MULTIFAMILY HOUSING LOAN LIMITS. ``(a) Method of Indexing.--The dollar amounts set forth in-- ``(1) section 207(c)(3)(A) (12 U.S.C. 1713(c)(3)(A)); ``(2) section 213(b)(2)(A) (12 U.S.C. 1715e(b)(2)(A)); ``(3) section 220(d)(3)(B)(iii)(I) (12 U.S.C. 1715k(d)(3)(B)(iii)(I)); ``(4) section 221(d)(3)(ii)(I) (12 U.S.C. 1715l(d)(3)(ii)(I)); ``(5) section 221(d)(4)(ii)(I) (12 U.S.C. 1715l(d)(4)(ii)(I)); ``(6) section 231(c)(2)(A) (12 U.S.C. 1715v(c)(2)(A)); and ``(7) section 234(e)(3)(A) (12 U.S.C. 1715y(e)(3)(A)); (collectively hereinafter referred to as the ``Dollar Amounts'') shall be adjusted annually (commencing in 2004) on the effective date of the Federal Reserve Board's adjustment of the $400 figure in the Home Ownership and Equity Protection Act of 1994 (HOEPA). The adjustment of the Dollar Amounts shall be calculated using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) as applied by the Federal Reserve Board for purposes of the above-described HOEPA adjustment. ``(b) Notification.--The Federal Reserve Board on a timely basis shall notify the Secretary, or his designee, in writing of the adjustment described in subsection (a) and of the effective date of such adjustment in order to permit the Secretary to undertake publication in the Federal Register of corresponding adjustments to the Dollar Amounts. The dollar amount of any adjustment shall be rounded to the next lower dollar.''. (b) Technical and Conforming Changes.--(1) Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; (B) by striking ``and accept that the Secretary'' through and including ``in this paragraph'' and inserting in lieu thereof: ``(B) the Secretary may, by regulation, increase any of the dollar amount limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with section 206A of this Act)''. (2) Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (A) by inserting ``(A)'' following ``(2)''; (B) by striking ``: Provided further, That'' the first time that it occurs, through and including ``contained in this paragraph'' and inserting in lieu thereof: ``; (B)(i) the Secretary may, by regulation, increase any of the dollar amount limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with section 206A of this Act)''; (C) by striking ``: Provided further, That'' the second time it occurs and inserting in lieu thereof: ``; and (ii)''; (D) by striking ``: And provided further, That'' and inserting in lieu thereof: ``; and (iii)''; (E) by striking ``with this subsection without regard to the preceding proviso'' at the end of that subsection and inserting in lieu thereof: ``with this subparagraph (B)(i).''. (3) Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (A) by inserting ``(I)'' following ``(iii)''; (B) by striking ``design; and except that'' and inserting in lieu thereof: ``design; and (II)''; (C) by striking ``any of the foregoing dollar amount limitations contained in this clause'' and inserting in lieu thereof: ``any of the dollar amount limitations in subparagraph (B)(iii)(I) (as such limitations may have been adjusted in accordance with section 206A of this Act)''; (D) by striking ``: Provided, That'' through and including ``proviso'' and inserting in lieu thereof: ``with respect to dollar amount limitations applicable to rehabilitation projects described in subclause (II), the Secretary may, by regulation, increase the dollar amount limitations contained in subparagraph (B)(iii)(I) (as such limitations may have been adjusted in accordance with section 206A of this Act)''; (E) by striking ``: Provided further,'' and inserting in lieu thereof: ``; (III)''; (F) by striking ``subparagraph'' in the second proviso and inserting in lieu thereof ``subparagraph (B)(iii)(I)''; (G) in the last proviso, by striking ``: And provided further, That'' and all that follows through and including ``this clause'' and inserting in lieu thereof: ``; (IV) with respect to rehabilitation projects involving not more than five family units, the Secretary may further increase any of the dollar limitations which would otherwise apply to such projects''. (4) Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (A) by inserting ``(I)'' following ``(ii)''; (B) by striking ``; and except that'' and all that follows through and including ``in this clause'' and inserting in lieu thereof: ``; (II) the Secretary may, by regulation, increase any of the dollar amount limitations in subclause (I) (as such limitations may have been adjusted in accordance with section 206A of this Act)''. (5) Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (A) by inserting ``(I)'' following ``(ii)''; (B) by striking ``; and except that'' and all that follows through and including ``in this clause'' and inserting in lieu thereof: ``; (II) the Secretary may, by regulation, increase any of the dollar limitations in subclause (I) (as such limitations may have been adjusted in accordance with section 206A of this Act)''. (6) Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (A) by inserting ``(A)'' following ``(2)''; (B) by striking ``; and except that'' and all that follows through and including ``in this paragraph'' and inserting in lieu thereof: ``; (B) the Secretary may, by regulation, increase any of the dollar limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with section 206A of this Act)''; (C) by striking ``: Provided, That'' and all that follows through and including ``of this section'' and inserting in lieu thereof: ``; (C) the Secretary may, by regulation, increase any of the dollar limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with section 206A of this Act)''. (7) Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (A) by inserting ``(A)'' following ``(3)''; (B) by replacing ``$38,025'' with ``$42,048''; ``$42,120'' with ``$48,481''; ``$50,310'' with ``$58,469''; ``$62,010'' with ``$74,840''; ``$70,200'' with ``$83,375''; ``$43,875'' with ``$44,250''; ``$49,140'' with ``$50,724''; ``$60,255'' with ``$61,680''; ``$75,465'' with ``$79,793''; and ``$85,328'' with ``$87,588''; (C) by striking ``; except that each'' and all that follows through and including ``contained in this paragraph'' and inserting in lieu thereof: ``; (B) the Secretary may, by regulation, increase any of the dollar limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with section 206A of this Act)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

FHA Downpayment Simplification Act of 2002 - Amends the National Housing Act to make the existing Federal Home Administration (FHA) single-family downpayment provisions permanent. (Such provisions are to expire at the end of 2002.)Requires an original lender, in conjunction with a FDA insured loan, to provide a prospective borrower with a one-page analysis of other mortgage products for which he or she would qualify, including information about: (1) rates, insurance premiums, and other costs and fees; and (2) mortgage insurance premium termination.Amends the Higher Education Amendments of 1998 to repeal the Government National Mortgage Association (GNMA) three-percent guarantee fee increase scheduled to take effect in FY 2005.Amends the National Housing Act to provide for indexing of multi-family mortgage limits for FHA mortgage insurance programs.

A bill to amend the National Housing Act to simplify the downpayment requirements for FHA mortgage insurance for single family homebuyers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Counterfeiting Prevention Act of 1996''. SEC. 2. INTERAGENCY TASK FORCE ON INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY. (a) Establishment.-- (1) In general.--The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Secretary of State shall establish, and appoint the members of, an interagency task force (hereafter in this Act referred to as the ``task force'') to-- (A) monitor the use and holding of United States currency in foreign countries; (B) produce a statistically valid estimate of the amount of counterfeit United States currency that is produced, passed, and possessed outside the United States each year; and (C) coordinate the activities of the agencies represented on the task force in carrying out the duties described in subparagraphs (A) and (B). (2) Composition of task force.--The task force shall consist of the following: (A) The Under Secretary of the Treasury for Enforcement, or a designee of the Under Secretary. (B) The Director of the United States Secret Service, or a designee of the Director. (C) The Director of the Bureau of Engraving and Printing, or a designee of the Director. (D) Such other officers of the Department of the Treasury, including any officer in any bureau, office, or service within the department, as the Secretary of the Treasury may determine to be appropriate, or any designee of any such officer. (E) A member of the Board of Governors of the Federal Reserve System as designated by the Chairman of such Board, or a designee of such member. (F) The general counsel of the Board of Governors of the Federal Reserve System, or a designee of the general counsel. (G) Such other officers of the Board of Governors of the Federal Reserve System as the Chairman of such Board may determine to be appropriate, or a designee of any such officer. (H) Such officers of the Department of State as the Secretary of State may determine to be appropriate, or a designee of any such officer. (3) Representation of other agencies and departments.-- (A) In general.--The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Secretary of State may include representatives of any other agency or department of the United States on the task force, with the concurrence of the head of such agency or department. (B) Appointment of members of task force.--The representative of any agency or department referred to in subparagraph (A) shall consist of-- (i) the head of such agency or department, or a designee of such head; and (ii) such other officers of such agency or department as the head of such agency or department may determine to be appropriate, or a designee of any such officer. (4) Chairperson.--The Secretary of the Treasury shall serve as the chairperson of the task force. (b) Evaluation Audit Plan.-- (1) In general.--The task force shall establish an effective international evaluation audit plan that is designed to enable the agencies represented on the task force to carry out the duties described in subparagraphs (A) and (B) of subsection (a)(1) on a regular and thorough basis. (2) Submission of detailed written summary.--The task force shall submit a detailed written summary of the evaluation audit plan developed pursuant to paragraph (1) to the Congress before the end of the 6-month period beginning on the date of the enactment of this Act. (3) 1st evaluation audit under plan.--The task force shall begin the first evaluation audit pursuant to the evaluation audit plan no later than the end of the 1-year period beginning on the date of the enactment of this Act. (4) Subsequent evaluation audits.--At least 1 evaluation audit shall be performed pursuant to the evaluation audit plan during each 2-year period beginning after the date of the commencement of the evaluation audit referred to in paragraph (3). (c) Reports.-- (1) In general.--The task force shall submit a written report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of each evaluation audit conducted pursuant to subsection (b) within 90 days after the completion of the evaluation audit. (2) Contents.--In addition to such other information as the task force may determine to be appropriate, each report submitted to the Congress pursuant to paragraph (1) shall include the following information: (A) A detailed description of the evaluation audit process and the methods used to detect counterfeit currency. (B) The method used to determine the currency sample examined in connection with the evaluation audit and an analysis of the statistical significance of the sample examined. (C) A list of the countries, types of financial institutions, and other entities included. (D) The total amount of United States currency and the total quantity of each denomination found at each type of evaluation audit site. (E) The total amount of counterfeit United States currency and the total quantity of each counterfeit denomination found at each type of evaluation audit site. (F) An analysis of the types of counterfeit currency discovered and any recurring patterns of counterfeiting, including currency that fits the family of counterfeit currency designated by the United States Secret Service as C--14342. (3) Classification of information.-- (A) In general.--To the greatest extent possible, each report submitted to the Congress under this subsection shall be submitted in an unclassified form. (B) Classified and unclassified forms.--If, in the interest of submitting a complete report under this subsection, the task force determines that it is necessary to include classified information in the report, the report shall be submitted in a classified and an unclassified form. SEC. 3. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING TO INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY. (a) Findings.--The Congress hereby finds the following: (1) United States currency is being counterfeited outside the United States. (2) The 103d Congress enacted, with the approval of the President on September 13, 1994, section 470 of title 18, United States Code, making such activity a crime under the laws of the United States. (3) The expeditious posting of agents of the United States Secret Service to overseas posts, which is necessary for the effective enforcement of section 470 and related criminal provisions, has been delayed. (4) While section 470 of title 18, United States Code, provides for a maximum term of imprisonment of 20 years as opposed to a maximum term of 15 years for domestic counterfeiting, the United States Sentencing Commission has failed to provide, in its sentencing guidelines, for an appropriate enhancement of punishment for defendants convicted of counterfeiting United States currency outside the United States. (b) Timely Consideration of Requests for Concurrence in Creation of Overseas Posts.-- (1) In general.--The Secretary of State shall-- (A) consider in a timely manner the request by the Secretary of the Treasury for the placement of such number of agents of the United States Secret Service as the Secretary of the Treasury considers appropriate in posts in overseas embassies; and (B) reach an agreement with the Secretary of the Treasury on such posts as soon as possible and, in any event, not later than December 31, 1996. (2) Cooperation of treasury required.--The Secretary of the Treasury shall promptly provide any information requested by the Secretary of State in connection with such requests. (3) Reports required.--The Secretary of the Treasury and the Secretary of State shall each submit, by February 1, 1997, a written report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate explaining the reasons for the rejection, if any, of any proposed post and the reasons for the failure, if any, to fill any approved post by such date. (c) Enhanced Penalties for International Counterfeiting of United States Currency.--Pursuant to the authority of the United States Sentencing Commission under section 994 of title 28, United States Code, the Commission shall amend the sentencing guidelines prescribed by the Commission to provide an appropriate enhancement of the punishment for a defendant convicted under section 470 of title 18 of such Code.

International Counterfeiting Prevention Act of 1996 - Requires the Secretary of the Treasury (Secretary), the Chairman of the Board of Governors of the Federal Reserve System, and the Secretary of State to establish, and appoint the members of, an interagency task force to: (1) monitor the use and holding of U.S. currency in foreign countries; (2) produce a statistically valid estimate of the amount of counterfeit U.S. currency that is produced, passed, and possessed outside the United States each year; and (3) coordinate the activities of the agencies represented on the task force in carrying out such duties. Requires the task force to establish, implement, and report to the Congress on an effective international evaluation audit plan designed to enable the represented agencies to carry out their duties. Requires the Secretary of State to: (1) consider in a timely manner the request of the Secretary of the Treasury for the placement of Secret Service agents in posts in overseas embassies for the effective enforcement of prohibitions against international counterfeiting of U.S. currency; and (2) reach an agreement with the Secretary on such posts by December 31, 1996. Requires the Secretaries to each submit a written report, by February 1, 1997, to specified congressional committees explaining the reasons for any rejection of a proposed post and any failure to fill an approved post by such date. Requires the United States Sentencing Commission to amend its sentencing guidelines to provide an appropriate enhancement of the punishment (a maximum 20-year prison term) for a defendant convicted under the Federal criminal code of international counterfeiting of U.S. currency.

International Counterfeiting Prevention Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Senior Citizens Relief Act of 2010''. SEC. 2. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC RECOVERY PAYMENTS. (a) Extension and Modification of Payments.--Section 2201 of the American Recovery and Reinvestment Tax Act of 2009 is amended-- (1) in subsection (a)(1)(A)-- (A) by inserting ``for each of calendar years 2009 and 2011'' after ``shall disburse'', (B) by inserting ``(for purposes of payments made for calendar year 2009), or the 3-month period ending with December 2010 (for purposes of payments made for calendar year 2011)'' after ``the date of the enactment of this Act'', and (C) by adding at the end the following new sentence: ``In the case of an individual who is eligible for a payment under the preceding sentence by reason of entitlement to a benefit described in subparagraph (B)(i), no such payment shall be made to such individual for calendar year 2011 unless such individual was paid a benefit described in such subparagraph (B)(i) for any month in the 12-month period ending with December 2010.'', (2) in subsection (a)(1)(B)(iii), by inserting ``(for purposes of payments made under this paragraph for calendar year 2009), or the 3-month period ending with December 2010 (for purposes of payments made under this paragraph for calendar year 2011)'' before the period at the end, (3) in subsection (a)(2)-- (A) by inserting ``, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address'' after ``Northern Mariana Islands'', and (B) by striking ``current address of record'' and inserting ``address of record, as of the date of certification under subsection (b) for a payment under this section'', (4) in subsection (a)(3)-- (A) by inserting ``per calendar year (determined with respect to the calendar year for which the payment is made, and without regard to the date such payment is actually paid to such individual)'' after ``only 1 payment under this section'', and (B) by inserting ``FOR THE SAME YEAR'' after ``PAYMENTS'' in the heading thereof, (5) in subsection (a)(4)-- (A) by inserting ``(or, in the case of subparagraph (D), shall not be due)'' after ``made'' in the matter preceding subparagraph (A), (B) by striking subparagraph (A) and inserting the following: ``(A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if -- ``(i) for the most recent month of such individual's entitlement in the applicable 3- month period described in paragraph (1); or ``(ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 of the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a);'', (C) in subparagraph (B), by striking ``3 month period'' and inserting ``applicable 3-month period'', (D) by striking subparagraph (C) and inserting the following: ``(C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if-- ``(i) for the most recent month of such individual's eligibility in the applicable 3- month period described in paragraph (1); or ``(ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not able by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or'' (E) by striking subparagraph (D) and inserting the following: ``(D) in the case of any individual whose date of death occurs-- ``(i) before the date of receipt of the payment; or ``(ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account.'', (F) by adding at the end the following flush sentence: ``In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person.'', and (G) by adding at the end, as amended by subparagraph (F), the following new sentence: ``Subparagraphs (A)(ii) and (C)(ii) shall apply only in the case of certifications under subsection (b) which are, or but for this paragraph would be, made after the date of the enactment of Emergency Senior Citizens Relief Act of 2010, and shall apply to such certifications without regard to the calendar year of the payments to which such certifications apply.''. (6) in subsection (a)(5)-- (A) by inserting ``, in the case of payments for calendar year 2009, and no later than April 30, 2011, in the case of payments for calendar year 2011'' before the period at the end of the first sentence of subparagraph (A), and (B) by striking subparagraph (B) and inserting the following: ``(B) Deadline.--No payment for calendar year 2009 shall be disbursed under this section after December 31, 2010, and no payment for calendar year 2011 shall be disbursed under this section after December 31, 2012, regardless of any determinations of entitlement to, or eligibility for, such payment made after whichever of such dates is applicable to such payment.'', (7) in subsection (b), by inserting ``(except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs), and no individual shall be certified to receive a payment under this section for a calendar year if such individual has at any time been denied certification for such a payment for such calendar year by reason of subparagraph (A)(ii) or (C)(ii) of subsection (a)(4) (unless such individual is subsequently determined not to have been an individual described in either such subparagraph at the time of such denial)'' before the period at the end of the last sentence, (8) in subsection (c), by striking paragraph (4) and inserting the following: ``(4) Payments subject to offset and reclamation.-- Notwithstanding paragraph (3), any payment made under this section-- ``(A) shall, in the case of a payment by direct deposit which is made after the date of the enactment of the Emergency Senior Citizens Relief Act of 2010, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and ``(B) shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset under such section 3716 to collect delinquent debts.'', (9) in subsection (e)-- (A) by striking ``2011'' and inserting ``2013'', (B) by inserting ``section 2(b) of the Emergency Senior Citizens Relief Act of 2010,'' after ``section 2202,'' in paragraph (1), and (C) by adding at the following new paragraph: ``(5)(A) For the Secretary of the Treasury, an additional $5,200,000 for purposes described in paragraph (1). ``(B) For the Commissioner of Social Security, an additional $5,000,000 for the purposes described in paragraph (2)(B). ``(C) For the Railroad Retirement Board, an additional $600,000 for the purposes described in paragraph (3)(B). ``(D) For the Secretary of Veterans Affairs, an additional $625,000 for the Information Systems Technology account''. (b) Extension of Special Credit for Certain Government Retirees.-- (1) In general.--In the case of an eligible individual (as defined in section 2202(b) of the American Recovery and Reinvestment Tax Act of 2009, applied by substituting ``2011'' for ``2009''), with respect to the first taxable year of such individual beginning in 2011, section 2202 of the American Recovery and Reinvestment Tax Act of 2009 shall be applied by substituting ``2011'' for ``2009'' each place it appears. (2) Conforming amendment.--Subsection (c) of section 36A of the Internal Revenue Code of 1986 is amended by inserting ``, and any credit allowed to the taxpayer under section 2(b)(1) of the Emergency Senior Citizens Relief Act of 2010'' after ``the American Recovery and Reinvestment Tax Act of 2009''. (c) Effective Date.-- (1) In general.--Except as otherwise provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Application of rule relating to deceased individuals.-- The amendment made by subsection (a)(5)(F) shall take effect as if included in section 2201 of the American Recovery and Reinvestment Tax Act of 2009.

Emergency Senior Citizens Relief Act of 2010 - Amends the Assistance for Unemployed Workers and Struggling Families Act, title II of the American Recovery and Reinvestment Tax Act of 2009, to extend: (1) through 2011 the $250 economic recovery payments to recipients of Social Security, Supplemental Security Income (SSI) (title XVI of the Social Security Act), railroad retirement benefits, and veterans disability compensation or pension benefits; and (2) through 2011 the special tax credit for certain government retirees. Makes additional appropriations through FY2013 to cover such payments.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandates Information Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Before acting on proposed private sector mandates, the Congress should carefully consider the effects on consumers, workers, and small businesses. (2) The Congress has often acted without adequate information concerning the costs of private sector mandates, instead focusing only on the benefits. (3) The costs of private sector mandates are often borne in part by consumers, in the form of higher prices and reduced availability of goods and services. (4) The costs of private sector mandates are often borne in part by workers, in the form of lower wages, reduced benefits, and fewer job opportunities. (5) The costs of private sector mandates are often borne in part by small businesses, in the form of hiring disincentives and stunted growth. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To improve the quality of the Congress' deliberation with respect to proposed mandates on the private sector, by-- (A) providing the Congress with more complete information about the effects of such mandates; and (B) ensuring that the Congress acts on such mandates only after focused deliberation on the effects. (2) To enhance the ability of the Congress to distinguish between private sector mandates that harm consumers, workers, and small businesses, and mandates that help those groups. SEC. 4. FEDERAL PRIVATE SECTOR MANDATES. (a) In General.-- (1) Estimates.--Section 424(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended-- (A) in subparagraph (A) by striking ``and'' after the semicolon; and (B) by redesignating subparagraph (B) as subparagraph (C), and inserting after subparagraph (A) the following: ``(B) the impact (including any disproportionate impact in particular regions or industries) on consumers, workers, and small businesses, of the Federal private sector mandates in the bill or joint resolution, including-- ``(i) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on consumer prices and on the actual supply of goods and services in consumer markets; ``(ii) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on worker wages, worker benefits, and employment opportunities; and ``(iii) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on the hiring practices, expansion, and profitability of businesses with 100 or fewer employees; and''. (2) Point of order.--Section 424(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding after the period ``If such determination is made by the Director, a point of order under this part shall lie only under section 425(a)(1) and as if the requirement of section 425(a)(1) had not been met.''. (3) Threshold amounts.--Section 425(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is amended-- (A) by striking ``Federal intergovernmental mandates by an amount that causes the thresholds specified in section 424(a)(1)'' and inserting ``Federal mandates by an amount that causes the thresholds specified in section 424 (a)(1) or (b)(1)''; and (B) by inserting ``, in the case of Federal intergovernmental mandates exceeding the thresholds specified in section 424(a)(1)'' after ``unless''. (4) Application relating to appropriations committees.-- Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(c)(1)(B)) is amended-- (A) in clause (i) by striking ``intergovernmental''; (B) in clause (ii) by striking ``intergovernmental''; (C) in clause (iii) by striking ``intergovernmental''; and (D) in clause (iv) by striking ``intergovernmental''. (5) Application relating to congressional budget office.-- Section 427 of the Congressional Budget Act of 1974 (2 U.S.C. 658f) is amended by striking ``intergovernmental''. (b) Rules of the House of Representatives.--Clause 5 of rule XXIII of the Rules of the House of Representatives (as added by section 107 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1514)) is amended by striking ``section 424(a)(1)'' and inserting ``section 424 (a)(1) or (b)(1)''. (c) Exercise of Rulemaking Powers.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it shall be considered as part of the rules of such House, respectively, and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of each House. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that any unfunded mandates that are determined by the Director of the Congressional Budget Office to exceed the applicable threshold under section 424 (a)(1) or (b)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 658f(a)(1), 658f(b)(1)) should be financed through reduced taxes, tax abatements, or direct compensation by the Federal Government.

Mandates Information Act of 1997 - Amends the Congressional Budget Act of 1974 (the Act) to require a congressional committee report on any bill or joint resolution that includes any Federal mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office (CBO Director) that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates. Expresses the sense of the Congress that any unfunded mandates that are determined by the CBO Director to exceed the applicable threshold under the Act should be financed through reduced taxes, tax abatements, or direct compensation by the Federal Government.

Mandates Information Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Training Centers Reform and Improvement Act of 2015''. SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING CENTERS. (a) Establishment.--Section 884 of the Homeland Security Act of 2002 (6 U.S.C. 464) is amended to read as follows: ``SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS. ``(a) Establishment.--The Secretary shall maintain in the Department the Federal Law Enforcement Training Centers (FLETC), headed by a Director, who shall report to the Secretary. ``(b) Position.--The Director shall occupy a career-reserved position within the Senior Executive Service. ``(c) Functions of the Director.--The Director shall-- ``(1) develop training goals and establish strategic and tactical organizational program plan and priorities; ``(2) provide direction and management for FLETC's training facilities, programs, and support activities while ensuring that organizational program goals and priorities are executed in an effective and efficient manner; ``(3) develop homeland security and law enforcement training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, for Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies; ``(4) monitor progress toward strategic and tactical FLETC plans regarding training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, and facilities; ``(5) ensure the timely dissemination of homeland security information as necessary to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and the private sector to achieve the training goals for such entities, in accordance with paragraph (1); ``(6) carry out delegated acquisition responsibilities in a manner that-- ``(A) fully complies with-- ``(i) Federal law; ``(ii) the Federal Acquisition Regulation, including requirements regarding agency obligations to contract only with responsible prospective contractors; and ``(iii) Department acquisition management directives; and ``(B) maximizes opportunities for small business participation; ``(7) coordinate and share information with the heads of relevant components and offices on digital learning and training resources, as appropriate; ``(8) advise the Secretary on matters relating to executive level policy and program administration of Federal, State, local, tribal, territorial, and international law enforcement and security training activities and private sector security agency training activities, including training activities related to domestic preparedness and response to threats or acts of terrorism; ``(9) collaborate with the Secretary and relevant officials at other Federal departments and agencies, as appropriate, to improve international instructional development, training, and technical assistance provided by the Federal Government to foreign law enforcement; and ``(10) carry out such other functions as the Secretary determines are appropriate. ``(d) Training Responsibilities.-- ``(1) In general.--The Director is authorized to provide training to employees of Federal agencies who are engaged, directly or indirectly, in homeland security operations or Federal law enforcement activities, including such operations or activities related to domestic preparedness and response to threats or acts of terrorism. In carrying out such training, the Director shall-- ``(A) evaluate best practices of law enforcement training methods and curriculum content to maintain state-of-the-art expertise in adult learning methodology; ``(B) provide expertise and technical assistance, including on domestic preparedness and response to threats or acts of terrorism, to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies; and ``(C) maintain a performance evaluation process for students. ``(2) Relationship with law enforcement agencies.--The Director shall consult with relevant law enforcement and security agencies in the development and delivery of FLETC's training programs. ``(3) Training delivery locations.--The training required under paragraph (1) may be conducted at FLETC facilities, at appropriate off-site locations, or by distributed learning. ``(4) Strategic partnerships.-- ``(A) In general.--The Director may-- ``(i) execute strategic partnerships with State and local law enforcement to provide such law enforcement with specific training, including maritime law enforcement training; and ``(ii) coordinate with the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department and with private sector stakeholders, including critical infrastructure owners and operators, to provide training pertinent to improving coordination, security, and resiliency of critical infrastructure. ``(B) Provision of information.--The Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, upon request, information on activities undertaken in the previous year pursuant to subparagraph (A). ``(5) FLETC details to dhs.--The Director may detail employees of FLETC to positions throughout the Department in furtherance of improving the effectiveness and quality of training provided by the Department and, as appropriate, the development of critical departmental programs and initiatives. ``(6) Detail of instructors to fletc.--Partner organizations that wish to participate in FLETC training programs shall assign non-reimbursable detailed instructors to FLETC for designated time periods to support all training programs at FLETC, as appropriate. The Director shall determine the number of detailed instructors that is proportional to the number of training hours requested by each partner organization scheduled by FLETC for each fiscal year. If a partner organization is unable to provide a proportional number of detailed instructors, such partner organization shall reimburse FLETC for the salary equivalent for such detailed instructors, as appropriate. ``(7) Partner organization expenses requirements.-- ``(A) In general.--Partner organizations shall be responsible for the following expenses: ``(i) Salaries, travel expenses, lodging expenses, and miscellaneous per diem allowances of their personnel attending training courses at FLETC. ``(ii) Salaries and travel expenses of instructors and support personnel involved in conducting advanced training at FLETC for partner organization personnel and the cost of expendable supplies and special equipment for such training, unless such supplies and equipment are common to FLETC-conducted training and have been included in FLETC's budget for the applicable fiscal year. ``(B) Excess basic and advanced federal training.--All hours of advanced training and hours of basic training provided in excess of the training for which appropriations were made available shall be paid by the partner organizations and provided to FLETC on a reimbursable basis in accordance with section 4104 of title 5, United States Code. ``(8) Provision of non-federal training.-- ``(A) In general.--The Director is authorized to charge and retain fees that would pay for its actual costs of the training for the following: ``(i) State, local, tribal, and territorial law enforcement personnel. ``(ii) Foreign law enforcement officials, including provision of such training at the International Law Enforcement Academies wherever established. ``(iii) Private sector security officers, participants in the Federal Flight Deck Officer program under section 44921 of title 49, United States Code, and other appropriate private sector individuals. ``(B) Waiver.--The Director may waive the requirement for reimbursement of any cost under this section and shall maintain records regarding the reasons for any requirements so waived. ``(9) Reimbursement.--The Director is authorized to reimburse travel or other expenses for non-Federal personnel who attend activities related to training sponsored by FLETC, at travel and per diem rates established by the General Services Administration. ``(10) Student support.--In furtherance of its training mission, the Director is authorized to provide the following support to students: ``(A) Athletic and related activities. ``(B) Short-term medical services. ``(C) Chaplain services. ``(11) Authority to hire federal annuitants.-- ``(A) In general.--Notwithstanding any other provision of law, the Director is authorized to appoint and maintain, as necessary, Federal annuitants who have expert knowledge and experience to meet the training responsibilities under this subsection. ``(B) No reduction in retirement pay.--A Federal annuitant employed pursuant to this paragraph shall not be subject to any reduction in pay for annuity allocable to the period of actual employment under the provisions of section 8344 or 8468 of title 5, United States Code, or similar provision of any other retirement system for employees. ``(C) Re-employed annuitants.--A Federal annuitant employed pursuant to this paragraph shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in subparagraph (B)) as may apply. ``(D) Counting.--Federal annuitants shall be counted on a full time equivalent basis. ``(E) Limitation.--No appointment under this paragraph may be made which would result in the displacement of any employee. ``(12) Travel for intermittent employees.--The Director is authorized to reimburse intermittent Federal employees traveling from outside a commuting distance (to be predetermined by the Director) for travel expenses. ``(e) On-FLETC Housing.--Notwithstanding any other provision of law, individuals attending training at any FLETC facility shall, to the extent practicable and in accordance with FLETC policy, reside in on- FLETC or FLETC-provided housing. ``(f) Additional Fiscal Authorities.--In order to further the goals and objectives of FLETC, the Director is authorized to-- ``(1) expend funds for public awareness and to enhance community support of law enforcement training, including the advertisement of available law enforcement training programs; ``(2) accept and use gifts of property, both real and personal, and to accept gifts of services, for purposes that promote the functions of the Director pursuant to subsection (c) and the training responsibilities of the Director under subsection (d); ``(3) accept reimbursement from other Federal agencies for the construction or renovation of training and support facilities and the use of equipment and technology on government owned-property; ``(4) obligate funds in anticipation of reimbursements from agencies receiving training at FLETC, except that total obligations at the end of a fiscal year may not exceed total budgetary resources available at the end of such fiscal year; ``(5) in accordance with the purchasing authority provided under section 505 of the Department of Homeland Security Appropriations Act, 2004 (Public Law 108-90; 6 U.S.C. 453a)-- ``(A) purchase employee and student uniforms; and ``(B) purchase and lease passenger motor vehicles, including vehicles for police-type use; ``(6) provide room and board for student interns; and ``(7) expend funds each fiscal year to honor and memorialize FLETC graduates who have died in the line of duty. ``(g) Definitions.--In this section: ``(1) Basic training.--The term `basic training' means the entry-level training required to instill in new Federal law enforcement personnel fundamental knowledge of criminal laws, law enforcement and investigative techniques, laws and rules of evidence, rules of criminal procedure, constitutional rights, search and seizure, and related issues. ``(2) Detailed instructors.--The term `detailed instructors' means personnel who are assigned to the Federal Law Enforcement Training Centers for a period of time to serve as instructors for the purpose of conducting basic and advanced training. ``(3) Director.--The term `Director' means the Director of the Federal Law Enforcement Training Centers. ``(4) Distributed learning.--The term `distributed learning' means education in which students take academic courses by accessing information and communicating with the instructor, from various locations, on an individual basis, over a computer network or via other technologies. ``(5) Employee.--The term `employee' has the meaning given such term in section 2105 of title 5, United States Code. ``(6) Federal agency.--The term `Federal agency' means-- ``(A) an Executive Department as defined in section 101 of title 5, United States Code; ``(B) an independent establishment as defined in section 104 of title 5, United States Code; ``(C) a Government corporation as defined in section 9101 of title 31, United States Code; ``(D) the Government Printing Office; ``(E) the United States Capitol Police; ``(F) the United States Supreme Court Police; and ``(G) Government agencies with law enforcement related duties. ``(7) Law enforcement personnel.--The term `law enforcement personnel' means an individual, including criminal investigators (commonly known as `agents') and uniformed police (commonly known as `officers'), who has statutory authority to search, seize, make arrests, or to carry firearms. ``(8) Local.--The term `local' means-- ``(A) of or pertaining to any county, parish, municipality, city, town, township, rural community, unincorporated town or village, local public authority, educational institution, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, any agency or instrumentality of a local government, or any other political subdivision of a State; and ``(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation. ``(9) Partner organization.--The term `partner organization' means any Federal agency participating in FLETC's training programs under a formal memorandum of understanding. ``(10) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. ``(11) Student intern.--The term `student intern' means any eligible baccalaureate or graduate degree student participating in FLETC's College Intern Program. ``(h) Prohibition on New Funding.--No funds are authorized to carry out this section. This section shall be carried out using amounts otherwise appropriated or made available for such purpose.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 884 to read as follows: ``Sec. 884. Federal Law Enforcement Training Centers.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 10, 2016. Federal Law Enforcement Training Centers Reform and Improvement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to codify the establishment of the Federal Law Enforcement Training Center (FLETC) within the Department of Homeland Security (DHS). The FLETC must be headed by a director who reports to the DHS Secretary. The bill sets forth functions of the director, including to: establish and execute organizational plans and priorities; direct and manage training facilities, programs, and activities; develop training goals and curricula; disseminate homeland security information to law enforcement and security agencies and private sector stakeholders; conduct acquisition in compliance with federal law and regulations; coordinate and share digital resources with federal agencies; and collaborate to improve international instructional development, training, and technical assistance to foreign law enforcement. Additionally, the bill sets forth training responsibilities of the FLETC and partner organizations (i.e., federal agencies that participate in FLETC training programs under a formal memorandum of understanding). It authorizes the FLETC to: (1) train federal employees engaged in homeland security operations or law enforcement activities, and (2) execute strategic partnerships with state and local law enforcement agencies and coordinate with private sector stakeholders to provide training. The FLETC must consult with relevant law enforcement and security agencies to develop and deliver training programs. A partner organization must pay for and assign non-reimbursable detailed instructors to support training programs. The FLETC may conduct federal employee trainings at FLETC facilities, at off-site locations, or by distributed learning (e.g., online); detail its employees throughout DHS; charge fees for non-federal trainings; provide certain student support services; hire retired federal employees with training experience; and reimburse travel expenses of non-federal and intermittent federal employees. Individuals who attend FLETC training must reside in FLETC housing, to the extent practicable. Finally, the bill codifies existing authorities of the FLETC to spend funds to promote awareness of and support for law enforcement training, accept and use gifts for authorized purposes, accept reimbursement for the construction or renovation of training facilities, obligate funds in anticipation of reimbursements, purchase uniforms and passenger vehicles, and provide room and board for student interns. It also authorizes the FLETC to spend funds to honor and memorialize FLETC graduates who have died in the line of duty.

Federal Law Enforcement Training Centers Reform and Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Tribute to Dr. Norman E. Borlaug Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) Dr. Norman E. Borlaug, was born in Iowa where he grew up on a family farm, and received his primary and secondary education. (2) Dr. Borlaug attended the University of Minnesota where he received his B.A. and Ph.D. degrees and was also a star NCAA wrestler. (3) For the past 20 years, Dr. Borlaug has lived in Texas where he is a member of the faculty of Texas A&M University. (4) Dr. Borlaug also serves as President of the Sasakawa Africa Association. (5) Dr. Borlaug's accomplishments in terms of bringing radical change to world agriculture and uplifting humanity are without parallel. (6) In the immediate aftermath of World War II, Dr. Borlaug spent 20 years working in the poorest areas of rural Mexico. It was there that Dr. Borlaug made his breakthrough achievement in developing a strain of wheat that could exponentially increase yields while actively resisting disease. (7) With the active support of the governments involved, Dr. Borlaug's ``green revolution'' uplifted hundreds of thousands of the rural poor in Mexico and saved hundreds of millions from famine and outright starvation in India and Pakistan. (8) Dr. Borlaug's approach to wheat production next spread throughout the Middle East. Soon thereafter his approach was adapted to rice growing, increasing the number of lives Dr. Borlaug has saved to more than a billion people. (9) In 1970, Dr. Borlaug received the Nobel Prize, the only person working in agriculture to ever be so honored. Since then he has received numerous honors and awards including the Presidential Medal of Freedom, the Public Service Medal, the National Academy of Sciences' highest honor, and the Rotary International Award for World Understanding and Peace. (10) At age 91, Dr. Borlaug continues to work to alleviate poverty and malnutrition. He currently serves as president of Sasakawa Global 2000 Africa Project, which seeks to extend the benefits of agricultural development to the 800,000,000 people still mired in poverty and malnutrition in sub-Saharan Africa. (11) Dr. Borlaug continues to serve as Chairman of the Council of Advisors of the World Food Prize, an organization he created in 1986 to be the ``Nobel Prize for Food and Agriculture'' and which presents a $250,000 prize each October at a Ceremony in Des Moines, Iowa, to the Laureate who has made an exceptional achievement similar to Dr. Borlaug's breakthrough 40 years ago. In the almost 20 years of its existence, the World Food Prize has honored Laureates from Bangladesh, India, China, Mexico, Denmark, Sierra Leone, Switzerland, the United Kingdom, and the United States. (12) Dr. Borlaug has saved more lives than any other person who has ever lived, and likely has saved more lives in the Islamic world than any other human being in history. (13) Due to a lifetime of work that has led to the saving and preservation of an untold amount of lives, Dr. Norman E. Borlaug is deserving of America's highest civilian award: the congressional gold medal. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President Pro Tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Dr. Norman E. Borlaug, in recognition of his enduring contributions to the United States and the world. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. (a) National Medal.--The medal struck under this Act is a national medal 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 duplicate 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 are authorized to be charged against the United States Mint Public Enterprise Fund, such sums as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Congressional Tribute to Dr. Norman E. Borlaug Act of 2006 - Authorizes The President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Dr. Norman E. Borlaug, in recognition of his enduring contributions to the United States and the world.

To award a congressional gold medal to Dr. Norman E. Borlaug.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Officers Pay Equity and Reform Act''. SEC. 2. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239). SEC. 3. SPECIAL PAY ADJUSTMENTS FOR FEDERAL LAW ENFORCEMENT OFFICERS IN CERTAIN AREAS. (a) In General.--Section 404(b)(1) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after the semicolon and inserting the following: ``Area Differential Boston-Lawrence-Salem, MA-NH Consolidated 24.4% Metropolitan Statistical Area. Chicago-Gary-Lake County, IL-IN-WI Consolidated 24.5% Metropolitan Statistical Area. Detroit-Ann Arbor-Flint, MI........................ 18.5% Hartford, CT....................................... 20.3% Los Angeles-Anaheim-Riverside, CA Consolidated 27.1% Metropolitan Statistical Area. New York-Northern New Jersey-Long Island, NY-NJ-CT 26.1% Consolidated Metropolitan Statistical Area. Philadelphia-Wilmington-Trenton PA-NJ-DE-MD 20.3% Consolidated Metropolitan Statistical Area. Portland-Salem, OR-WA.............................. 18.5% Sacramento-Yolo, CA................................ 21% San Diego, CA Metropolitan Statistical Area........ 27.1% San Francisco-Oakland-San Jose, CA Consolidated 32.03% Metropolitan Statistical Area. Seattle-Tacoma-Bremerton, WA....................... 27.5% Washington-Baltimore, DC-MD-VA-WV Consolidated 24.3%''. Metropolitan Statistical Area. (b) Effective Date.--The amendment made by this section shall apply with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act. SEC. 4. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW ENFORCEMENT OFFICERS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall study and submit to Congress a report which shall contain its findings and recommendations regarding the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. In carrying out this subsection, the Office of Personnel Management shall take into account the findings and recommendations contained in the September 1993 report of the Office entitled ``A Plan to Establish a New Pay and Job Evaluation System for Federal Law Enforcement Officers''. (b) Demonstration Project.-- (1) In general.--If, after completing its report under subsection (a), the Office of Personnel Management considers it to be appropriate, the Office shall implement, within 12 months after the date of the enactment of this Act, a demonstration project to determine whether a separate system for Federal law enforcement officers (as described in subsection (a)) would result in improved Federal personnel management. (2) Applicable provisions.--Any demonstration project under this subsection shall be conducted in accordance with the provisions of chapter 47 of title 5, United States Code, except that a project under this subsection shall not be taken into account for purposes of the numerical limitation under section 4703(d)(2) of such title. (3) Permanent changes.--Not later than 6 months before the demonstration project's scheduled termination date, the Office of Personnel Management shall submit to Congress-- (A) its evaluation of the system tested under the demonstration project; and (B) recommendations as to whether or not that system (or any aspects of that system) should be continued or extended to other Federal law enforcement officers. (c) Federal Law Enforcement Officer Defined.--For purposes of this section, the term ``Federal law enforcement officer'' means a law enforcement officer as defined by section 8331 or 8401 of title 5, United States Code, and, subsection (b)(2) notwithstanding, includes any such officer serving in or under the Federal Bureau of Investigation.

Federal Law Enforcement Officers Pay Equity and Reform Act - Excludes availability pay for Federal criminal investigators from premium pay limitations.Amends the Federal Law Enforcement Pay Reform Act of 1990 to increase the Federal special pay differential for Federal law enforcement officers employed in specified metropolitan statistical areas.Requires a study by the Office of Personnel Management (OPM) regarding the need for, and potential benefits of, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers (including officers serving in or under the Federal Bureau of Investigation). Authorizes OPM to implement a demonstration project for such a system.

To amend chapter 55 of title 5, United States Code, to exclude availability pay for Federal criminal investigators from the limitation on premium pay; to modify levels of special pay adjustments for Federal law enforcement officers in certain areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ecosystem and Indigenous Peoples Protection Act''. SEC. 2. FINDINGS; SENSE OF THE CONGRESS. (a) Findings.--The Congress finds the following: (1) The Congress is pleased that the institutions of the World Bank Group have adopted environmental assessment and information access procedures. These policy changes have generated increased concern for the environmental impact of projects, and have created a greater environmental awareness at such institutions. However, problems continue to arise in the use by World Bank decision makers of information generated by environmental assessments and the adequacy of their content. Furthermore, while environmental information and compliance with environmental and social policies has improved substantially, there are inconsistencies and gaps in how the World Bank implements their policies and procedures. (2) Current environmental safeguards in the taxpayer- supported international financial institutions are inadequate. The World Bank does not prepare a full environmental assessment for a significant portion of its activities. Even in those cases where an environmental assessment is made, the assessment is often not made available in a full or timely manner to the United States Executive Director of the institution. The World Bank's internal evaluation department found that the environmental assessments have little to no impact on the project design and project decisions. Internal reviews have further determined that more than a third of all World Bank projects either do not adhere to the environmental policies or fail to meet environmental performance goals. (3) Under current law, United States taxpayers are forced to contribute funds even for projects that are opposed by the United States Executive Director of the institution from which funding for the project has been requested. For example, United States taxpayers will contribute $27,200,000 for a loan that will be used for a project that will result in resettlement that will harm Tibetan and Mongolian indigenous peoples, and despoil the environment of the region, notwithstanding that the United States voted against providing a loan for the project. (4) Projects of the World Bank Group resettle large numbers of people. A world Bank study concluded that 543,000 people had been relocated from 1986 through 1993. Almost 3,000,000 more people are or will be resettled under the current active portfolio, according to the World Bank. The Bank's inspection panel has found an imbalance in execution of investment components of Bank-financed projects and resettlement components of the same projects, in large part due to the common practice of leaving resettlement and environmental measures to counterpart financing. (5) United States funding should be made contingent on evidence that the institutions will not make any loan or provide any financial assistance that will have a significant adverse environmental impact, including involuntary resettlement and the destruction of forests or other natural ecosystems. (6) For several years, the Congress has made it a priority to seek a broader policy framework for environmental and social protection at the World Bank Group. The World Bank Group sets the standards, which other international financial institutions follow. In fact, the Congress has made environmental issues a condition for United States contributions to the international financial institutions. The World Bank repeatedly exhibits a failure to comply with these environmental and social policies. Furthermore, in 1999, 63 percent of the lending by the World Bank is for macroeconomic adjustment programs that do not have to follow environmental or social policies. (7) The World Bank's board of directors and management have consistently undermined the effectiveness of its only accountability mechanism, the independent inspection panel, by interfering with the ability of the panel to carry out investigations of Bank policy violations in response to legitimate citizen claims. The inspection panel was created in response to calls by the Congress for more, not less, accountability at the Bank. (8) The United States and other donor governments agreed in the replenishment negotiations for IDA 12 that the World Bank Group should make more information publicly available and improve overall transparency. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) the World Bank Group has not made significant progress in complying with environmental policies or mandates; (2) the World Bank Group should seek full compliance with its environmental and social policies and policies on information disclosure; (3) the World Bank Group should apply its environmental and social policies to all lending and financial instruments; and (4) the World Bank should not interfere with the authority or the independence of its inspection panel, and that panel should have the mandate to cover all institutions in the World Bank Group. SEC. 3. PREVENTION OF UNITED STATES FUNDS FROM SUPPORTING WORLD BANK GROUP OPERATIONS THAT DO NOT FULLY COMPLY WITH WORLD BANK GROUP ENVIRONMENTAL AND SOCIAL POLICIES. Title XIII of the International Financial Institutions Act (22 U.S.C. 262m-262m-7) is amended by adding at the end the following: ``SEC. 1308. PREVENTION OF UNITED STATES FUNDS FROM SUPPORTING WORLD BANK GROUP OPERATIONS THAT DO NOT FULLY COMPLY WITH WORLD BANK GROUP ENVIRONMENTAL AND SOCIAL POLICIES. ``(a) In General.--No department, agency, officer, or employee of the United States may make funds available to an institution in the World Bank Group if-- ``(1) the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, or the Administrator of the Agency for International Development determines that the institution will use any part of the funds to provide financial assistance with respect to a project or activity that will have a significant adverse environmental impact, or that will violate an environmental or social policy of the World Bank Group; ``(2) the Secretary of the Treasury or the Administrator of the Agency for International Development has certified to the committees specified in subsection (d)(3) that a project funded by the institution has resulted in significant involuntary resettlement, unless the Secretary or the Administrator subsequently have certified to such committees that the institution has verified that all of the costs of such resettlement, including all costs incurred by those involuntarily resettled, have been paid by entities other than those involuntarily resettled; or ``(3) the institution has not developed and implemented a `pay-for-performance policy' which requires salary or pay reduction, or termination of employment, for any employee of the institution who is involved in the preparation, appraisal, or implementation of any project or activity which, if conducted, would violate any environmental or social policy of the World Bank Group. ``(b) Use of United States Influence To Achieve Funding Conditions.--The Secretary of the Treasury shall instruct the United States Executive Director at each institution in the World Bank Group to use the voice, vote, and influence of the United States to-- ``(1) oppose the provision by the institution of financial assistance of any kind for any project or activity that the Administrator of the Environmental Protection Agency and the Administrator of the Agency for International Development have determined will have a significant adverse environmental impact or violate an environmental or social policy of the World Bank Group; ``(2) oppose the provision of financial assistance of any kind for any project if, at least 120 days before the board of directors of the institution votes to approve or disapprove the project, the institution does not make available to the public and to the United States Executive Director at the institution all environmental assessments, technical information, feasibility studies, consultant reports on environmental risks, engineering studies, Project Appraisal Reports, Project Information Documents, resettlement plans, plans involving indigenous peoples, supervision reports, project completion reports, performance audit reports, country assistance reviews, draft policy papers, draft and final country assistance strategies, quality assurance group reports, compliance unit reports and audits, annual reviews of portfolio performance, Policy Framework Papers, and all documentation related to the categorization of projects and of environmental screening documents relating to the project, and relating to all projects with environmental and social impacts; and ``(3) oppose the provision of any financial assistance that it would be unlawful for the Export-Import Bank of the United States or the Overseas Private Investment Corporation to provide, and seek to have the institution adopt the same environmental policies limiting the provision of financial assistance as apply to the Export-Import Bank of the United States or the Overseas Private Investment Corporation. ``(c) Enforcement.--If the Secretary of the Treasury determines that an international financial institution has provided financial assistance for a project or activity over the opposition of the United States Executive Director as expressed pursuant to subsection (b), then, in addition to any reduction pursuant to this subsection with respect to any other such project or activity, the Secretary shall reduce the amount of any payment required to be made to the institution by any department, agency, or instrumentality of the United States, during the 5-year period beginning with the date the financial assistance is so provided, by a percentage equal to-- ``(1) the total amount of financial assistance to be provided by the institution for the project or activity, divided by the total amount of financial assistance to be provided by the institution to all projects and activities during the period for which financial assistance is to be provided by the institution for the project or activity; multiplied by ``(2) the total amount of contributions paid to the institution by any department, agency, or instrumentality of the United States during the 5-year period ending on the date the assistance begins to be so provided, divided by the total amount of contributions paid to the institution by all member countries of the institution during such 5-year period. ``(d) Compliance Report.-- ``(1) In general.--The Secretary of the Treasury, the Administrator of the Environmental Protection Agency, and the Administrator of the Agency for International Development shall prepare annual reports on the extent to which the United States Executive Directors at the institutions in the World Bank Group have complied with subsection (b), and a statement of the number of projects which were approved by such institutions, notwithstanding opposition or abstention by the United States Executive Directors involved, and a record of the United States Executive Directors' voting records. ``(2) Efforts to have problem project watch lists released.--The United States Executive Directors at the institutions in the World Bank Group and the Secretary of the Treasury shall seek the public release of any list which details problem projects and those projects that do not comply with an environmental or social policy of the World Bank Group. ``(3) Submission.--On October 1 of each fiscal year, the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, and the Administrator of the Agency for International Development shall submit each report required by paragraph (1) to the Committee on Foreign Relations and the Committee on Environment and Public Works of the Senate and the Committee on Banking and Financial Services and the Committee on International Affairs of the House of Representatives. ``(e) Definitions.--In this section: ``(1) Environmental or social policy of the world bank group.--The term `environmental or social policy of the World Bank Group' includes Operational Policies (OP), Operational Directives (OD), and Operational Policies Notes (OPN), including the matters set forth in the following documents: ``(A) Information Policy. ``(B) Environmental assessment (OP 4.01). ``(C) Natural Habitats (OP 4.04). ``(D) Pest Management (OP 4.09). ``(E) Forestry (OP 4.36). ``(F) Safety of Dams (OP 4.37). ``(G) Cultural Property (OPN 4.11). ``(H) Indigenous Peoples (OD 4.20). ``(I) Involuntary Resettlement (OD 4.30). ``(J) Projects in International Waterwyas (OP 7.50). ``(K) Projects in Disputed Areas (OP 7.60). ``(L) Project Supervision (OD 13.05) . ``(M) Project Monitoring And Evaluation (OD 10.70). ``(2) Institution in the world bank group.--The term `institution in the World Bank Group' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency. ``(3) Oppose.--The term `oppose' means, with respect to voting, to vote `No'. ``(4) Significant.--The term `significant'-- ``(A) in relation to an adverse environmental impact, has the meaning given in section 1508.27 of volume 40, Code of Federal Regulations (in effect as of July 1, 1998); and ``(B) in relation to involuntary resettlement, means any resettlement that affects indigenous populations, and any resettlement project that affects more than 500 individuals.''. SEC. 4. ADVANCEMENT OF ENVIRONMENTAL AND SOCIAL GOALS. Title XIII of the International Financial Institutions Act (22 U.S.C. 262m-262m-7) is further amended by adding at the end the following: ``SEC. 1309. ADVANCEMENT OF ENVIRONMENTAL AND SOCIAL GOALS. ``The Secretary of the Treasury shall instruct the United States Executive Director at the institutions of the World Bank Group to use the voice, vote, and influence of the United States to encourage the institutions to-- ``(1) establish a list of projects and categories of projects for which the institutions will not provide financial assistance because doing so would cause serious environmental or social effects; and ``(2) work with other donor countries to establish an environmental and social trust fund to ameliorate the detrimental environmental and social effects caused by projects.''. SEC. 5. STRENGTHENING OF ENVIRONMENTAL ASSESSMENT REQUIREMENTS. (a) Extension of Requirements to All International Financial Institutions.--Section 1307 of the International Financial Institutions Act (22 U.S.C. 262m) is amended-- (1) in subsections (a) through (f), except in subsection (d)(2)-- (A) by striking ``multilateral development bank'' each place it appears and inserting ``international financial institution''; and (B) by striking ``banks'' each place it appears and inserting ``institutions''; (2) in subsection (d)(2), by striking ``a multilateral development bank'' and inserting ``an international financial institution''; and (3) by striking subsection (g) and inserting the following: ``(g) International Financial Institution Defined.--In this section, the term `international financial institution' has the meaning given in section 1701(c)(2).''. (b) Elimination of Exception to Assessment Requirement.--Section 1307(a) of such Act (22 U.S.C. 262m(a)) is amended-- (1) by striking ``(a) Assessment'' and all that follows through ``(1) In general.--Beginning'' and inserting the following: ``(a) Assessment Required Before Favorable Vote on Action.-- Beginning''; (2) by striking ``(A)'' and inserting ``(1)''; (3) by striking ``(B) except as provided in paragraph (2),'' and inserting ``(2)''; (4) by moving the provisions amended by paragraphs (2) and (3) of this subsection 2 ems to the left; and (5) by striking paragraph (2). (c) Assessments To Include Proposals for Mitigating Potential Adverse Environmental Impacts.--Section 1307(a)(1) of such Act (22 U.S.C. 262m(a)(1)), as amended by subsection (b) of this section, is amended by inserting ``, and proposing methods to mitigate any potential adverse environmental impacts of the proposed action,'' before ``has been completed''.

Amends the International Financial Institutions Act to provide that no U.S. funds may be made available to the World Bank Group: (1) if a determination is made that the use of any part of the funds will have a significant adverse environmental impact, or will violate an environmental or social policy of the World Bank Group; (2) if there is significant involuntary resettlement (with an exception); or (3) if a 'pay-for-performance policy' (requiring pay reduction or termination of employees involved in projects violating environmental or social policies) has not been implemented. Requires the Secretary of the Treasury to instruct U.S. executive directors in the World Bank Group to use their influence to achieve funding conditions. Provides for enforcement through payment reductions. Calls for public release of information on non- complying projects. Describes the scope of World Bank Group environmental and social policies to include, among other matters, environmental assessment, pest management, safety of dams, cultural property and indigenous peoples.

Ecosystem and Indigenous Peoples Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Surplus Property Reform Act of 1995''. SEC. 2. SPECIAL AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL OF EXCESS AND SURPLUS PROPERTY. (a) Support of Counter-Drug Activities.--Section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372 note) is repealed. (b) Support for Regional Equipment Centers.-- (1) Newport township center.--Section 210 of Public Law 101-302 (104 Stat. 220) is repealed. (2) Cambria county center.--Section 9148 of Public Law 102- 396 (106 Stat. 1941) is repealed. (c) Expansion of Limitation on Use of Excess Nonlethal Supplies for International Assistance Programs.-- (1) Expansion of limitation.--Section 2552 of title 10, United States Code, is amended to read as follows: ``Sec. 2552. Limitation on use of nonlethal excess supplies from Department of Defense stocks in foreign assistance, humanitarian assistance, and military sales programs ``(a) Limitation.--Nonlethal excess supplies from the stocks of the Department of Defense may be transferred to a foreign country or international organization pursuant to part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or section 21 of the Arms Export Control Act (22 U.S.C. 2761) or used for humanitarian relief purposes under section 2547 of this title only if-- ``(1) no department or agency of the Federal Government (other than the Department of Defense), no State, and no other person or entity eligible to receive excess or surplus property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472 et seq.) submits to the Administrator of General Services a request for the nonlethal excess supplies; or ``(2) the President certifies to Congress that the transfer is necessary in order to respond to an emergency for which the nonlethal excess supplies are especially suited. ``(b) Definition.--In this section, the term `nonlethal excess supplies' means property, other than real property, of the Department of Defense-- ``(1) that is excess property, as defined in regulations of the Department of Defense; and ``(2) that is not a weapon, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death.''. (2) Conforming amendment.--Section 2547(a) of such title is amended by striking ``The Secretary of Defense'' and inserting ``Subject to section 2552 of this title, the Secretary of Defense''. (3) Clerical amendment.--The table of contents at the beginning of chapter 152 of such title is amended by striking the item relating to section 2552 and inserting the following new item: ``2552. Limitation on use of nonlethal excess supplies from Department of Defense stocks in foreign assistance, humanitarian assistance, and military sales programs.''. (d) Elimination of General Delegation to Secretary of Defense of Disposal Authority Over Personal Property.-- (1) National defense authorization act for fiscal year 1995.--Effective as of October 5, 1994, section 2813 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3054) is amended by striking subsection (c). (2) Base closures under 1988 act.--Section 204(b)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A), by inserting ``, other than personal property,'' after ``excess property''; (B) in subparagraph (B), by inserting ``, other than personal property,'' after ``surplus property''; and (C) in subparagraph (C), by inserting before the period at the end the following: ``, other than such authority with respect to personal property''. (3) Base closures under 1990 act.--Section 2905(b)(1) of the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A), by inserting ``, other than personal property,'' after ``excess property''; (B) in subparagraph (B), by inserting ``, other than personal property,'' after ``surplus property''; and (C) in subparagraph (C), by inserting before the period at the end the following: ``, other than such authority with respect to personal property''. SEC. 3. DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT AMENDMENT. Section 3166(b) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381c(b)) is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively. SEC. 4. REPEAL OF AUTHORITY TO TRANSFER SURPLUS PROPERTY TO DISADVANTAGED SMALL BUSINESS CONCERNS ON PRIORITY BASIS. Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended-- (1) in the first sentence by striking ``or surplus property''; (2) in the second sentence by striking ``or property''; (3) by striking the third sentence; and (4) in the fourth sentence by striking ``or property''. SEC. 5. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 AMENDMENT. (a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed. (b) Delegation of Authority to Directors of Federal Laboratories.-- Section 203(j) of the Federal Property and Administrative Services act of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the following new paragraph: ``(6) Under such regulations as the Administrator may prescribe, the Administrator may delegate to the director of any Federal laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))) the authority of the Administrator under this subsection with respect to the transfer and disposal of scientific and technical surplus property under the management or control of that Federal laboratory, if the director of the Federal laboratory certifies that the equipment is needed by an educational institution or nonprofit organization for the conduct of scientific and technical education and research.''.

Federal Surplus Property Reform Act of 1995 - Amends Federal law to repeal the Secretary of Defense's authority to make surplus Department of Defense ("Defense") property available for Federal, State, and local law enforcement in counter-drug activities. Repeals the mandate for Defense participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania. Repeals the authority of the Defense Reutilization and Marketing Service to receive requests for the transfer to foreign countries or international organizations in foreign assistance or military sales programs of excess supplies of Defense construction and fire equipment.Authorizes the Administrator of General Services, instead, to receive such requests. Limits to nonlethal the type of excess supplies that may be transferred. Allows such transfer for humanitarian relief purposes.Requires the President to certify to Congress the emergency necessity for any such transaction. Amends specified Federal law to repeal the general delegation to the Secretary of Defense of disposal authority over personal property. Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement. Repeals general authority to transfer surplus property to disadvantaged small businesses. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory.

Federal Surplus Property Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Bank Access to Capital Act of 2017''. SEC. 2. BASEL III EXEMPTION FOR COMMUNITY BANKS. (a) Definitions.--In this section-- (1) the term ``community bank'' means-- (A) an insured depository institution; and (B) a depository institution holding company with consolidated assets of not greater than $50,000,000,000; (2) the term ``insured depository institution'' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); and (3) the term ``depository institution holding company'' means a bank holding company or savings and loan holding company (as those terms are defined under section 3(w) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w))). (b) Promulgation of Regulations.--Not later than 90 days after the date of enactment of this Act, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation shall each promulgate a regulation exempting community banks from any regulation issued to implement ``Basel III: A global regulatory framework for more resilient banks and banking systems'', as issued by the Basel Committee on Banking Supervision on December 16, 2010, and revised on June 1, 2011. (c) Capital Requirements Adjustment.--The Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation shall make the revisions to capital requirements as the Comptroller, the Board, and the Corporation, respectively, determine are necessary or appropriate in light of the regulations required under subsection (b). SEC. 3. INTERNAL CONTROL ATTESTATION REQUIREMENT EXEMPTIONS. Section 404(c) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(c)) is amended-- (1) by striking ``that is neither'' and inserting the following: ``that-- ``(1) is neither''; (2) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(2) is an insured depository institution or a depository institution holding company (as those terms are defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), with consolidated assets of not greater than $1,000,000,000.''. SEC. 4. REGULATION D CHANGES. Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise section 230.506(b)(2)(i) of title 17, Code of Federal Regulations, to change the limitation on the number of purchasers contained in the section from 35 to 70. SEC. 5. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS. (a) Definitions.--In this section-- (1) the term ``bank holding company'' has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); (2) the term ``Board'' means the Board of Governors of the Federal Reserve System; and (3) the term ``savings and loan holding company'' has the meaning given the term in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)). (b) Revision.--Not later than 180 days after the date of enactment of this Act, the Board shall revise appendix C of part 225 of title 12, Code of Federal Regulations (commonly known as the ``Small Bank Holding Company and Savings and Loan Holding Company Policy Statement''), to raise the consolidated asset threshold under that appendix from $1,000,000,000 (as adjusted by Public Law 113-250 (12 U.S.C. 5371 note)) to $3,000,000,000 for a bank holding company or savings and loan holding company that-- (1) is not engaged in significant nonbanking activities either directly or through a nonbank subsidiary; (2) does not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary; and (3) does not have a material amount of debt or equity securities outstanding (other than trust preferred securities) that are registered with the Securities and Exchange Commission. (c) Exclusions.--The Board may exclude any bank holding company or savings and loan holding company, regardless of asset size, from the revision under subsection (b) if the Board determines that such action is warranted for supervisory purposes. (d) Conforming Amendment.--Section 171(b)(5) of the Financial Stability Act of 2010 (12 U.S.C. 5371(b)(5)) is amended by striking subparagraph (C) and inserting the following: ``(C) any bank holding company or savings and loan holding company that is subject to the application of appendix C of part 225 of title 12, Code of Federal Regulations (commonly known as the `Small Bank Holding Company and Savings and Loan Holding Company Policy Statement').''.

Community Bank Access to Capital Act of 2017 This bill directs the Office of the Comptroller of the Currency, the Federal Reserve Board (FRB), and the Federal Deposit Insurance Corporation to exempt banks with assets not greater than $50 billion from certain international financial standards. The bill amends the Sarbanes-Oxley Act of 2002 to create an exemption from internal control report attestation requirements for depository institutions with assets not greater than $1 billion. The Securities and Exchange Commission must revise Regulation D (which exempts certain offerings from securities registration requirements) to raise the limit on the number of purchasers of securities. The FRB is directed to increase, from $1 billion to $3 billion, the consolidated asset threshold (i.e., permissible debt level) for a bank holding company or savings and loan holding company that: (1) is not engaged in significant nonbanking activities; (2) does not conduct significant off-balance-sheet activities; and (3) does not have a material amount of debt or equity securities, other than trust-preferred securities, outstanding. If warranted for supervisory purposes, the FRB may exclude a company from this threshold increase.

Community Bank Access to Capital Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Toxic Cleanup Equity and Acceleration Act of 1993''. SEC. 2. MUNICIPAL SOLID WASTE AND SEWAGE SLUDGE. (a) Definitions.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding the following new paragraphs at the end thereof: ``(39) The term `municipal solid waste' means all waste materials generated by households, including single and multiple residences, and hotels and motels. The term also includes trash generated by commercial, institutional, and industrial sources (a) when such materials are essentially the same as waste normally generated by households, or (b) when such waste materials were collected and disposed of with other municipal solid waste or sewage sludge and, regardless of when generated, would be considered conditionally exempt small quantity generator waste under section 3001(d) of the Solid Waste Disposal Act. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, school science laboratory waste, and household hazardous waste (such as painting, cleaning, gardening, and automotive supplies). The term `municipal solid waste' does not include combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. ``(40) The term `sewage sludge' refers to any solid, semisolid, or liquid residue removed during the treatment of municipal waste water, domestic sewage, or other waste waters at or by a publicly owned treatment works. ``(41) The term `municipality' means any political subdivision of a State and may include cities, counties, villages, towns, townships, boroughs, parishes, schools, school districts, sanitation districts, water districts, and other local governmental entities. The term also includes any natural person acting in his or her official capacity as an official, employee, or agent of a municipality.''. (b) Section 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 is amended by adding the following new subsections at the end thereof: ``(m) Contribution Actions for Municipal Solid Waste and Sewage Sludge.--No municipality or other person shall be liable to any person other than the President for claims of contribution under this section or for other response costs, penalties, or damages under this Act for the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge. ``(n) Public Right-of-Way.--In no event shall a municipality incur liability under this Act for the acts of owning or maintaining a public right-of-way over which hazardous substances are transported, or of granting a business license to a private party for the transportation, treatment, or disposal of municipal solid waste or sewage sludge. For the purposes of this subsection, `public right-of-way' includes, but is not limited to, roads, streets, flood control channels, or other public transportation routes, and pipelines used as a conduit for sewage or other liquid or semiliquid discharges.''. (c) Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 is amended by adding the following new subsection at the end thereof: ``(n) Settlements for Generators and Transporters of Municipal Solid Waste or Sewage Sludge.-- ``(1) Eligible persons.--The term `eligible person' under this subsection means any person against whom an administrative or judicial action is brought, or to whom notice is given of potential liability under this Act, for the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge. An eligible person who may be liable under section 107(a)(1) or 107(a)(2) of this Act or for substances other than municipal solid waste or sewage sludge is covered by the Toxic Cleanup Equity and Acceleration Act of 1993 and the amendments to this Act made by the Toxic Cleanup Equity and Acceleration Act of 1993 to the extent that the person is liable for the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge. ``(2) Negotiation of settlements; moratorium.--Eligible persons under this subsection may offer to settle their potential liability with the President by stating in writing their ability and willingness to settle their potential liability in accordance with this subsection. Upon receipt of such offer to settle, neither the President nor any other person shall take further administrative or judicial action against the eligible person, unless the President determines that the eligible person's offer or position during negotiations is not in good faith or otherwise not in accordance with this subsection or that the matters addressed include liability not related to the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge. Nothing in this subsection shall limit or modify the President's authority under section 104(e) (42 U.S.C. 9604(e)). ``(3) Timing.--Eligible persons may tender offers under this subsection within one hundred and eighty days after receiving a notice of potential liability or becoming subject to administrative or judicial action, or within one hundred and eighty days after a record of decision is issued for the portion of the response action that is the subject of the person's settlement offer, whichever is later. If the President notifies an eligible person that he or she may be a potentially responsible party, no further administrative or judicial action may be taken by any party for one hundred and twenty days against such person. ``(4) Expedited final settlement.--The President shall make a good faith effort to reach final settlements as promptly as possible under this subsection and such settlements shall-- ``(A) allocate to all generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge a combined total of no more than 4 percent of the total response costs for the facility; Provided, however, That the President shall reduce this percentage when the presence of municipal solid waste and sewage sludge is not significant at the facility; ``(B) require an eligible person under this subsection to pay only for his or her equitable share of the maximum 4 percent portion of response costs described in subparagraph (A); ``(C) limit an eligible person's payments based on such person's inability to pay, litigative risks, public interest considerations, precedential value, and equitable factors; ``(D) permit an eligible person to provide in-kind services with regard to the response action in lieu of cash contributions and to be credited at market rates for such services; ``(E) limit a publicly owned treatment works' payments if it has promoted the beneficial reuse of sewage sludge through land application when the basis of liability arises from sewage sludge generated thirty-six months after the date of enactment of this subsection or thereafter; and ``(F) be reached even in the event that an eligible person may be liable under sections 107(a)(1) or 107(a)(2) of this Act or for substances other than municipal solid waste or sewage sludge. ``(5) Covenant not to sue.--The President may provide a covenant not to sue with respect to the facility concerned to any person who has entered into a settlement under this subsection unless such a covenant would be inconsistent with the public interest as determined under subsection (f) of this section. ``(6) Effect of agreement.--A person that has resolved his or her liability to the United States under this subsection shall not be liable for claims of contribution or for other response costs, penalties, or damages under this Act regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement. ``(7) De minimis settlements.--Nothing in this subsection shall alter or diminish a person's ability to reach a settlement with the President under subsection (g) of this section. ``(o) Future Disposal Practices.--This subsection applies only to the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge occurring thirty-six months after the date of enactment of this subsection. Beginning at such time and with regard to such future municipal solid waste or sewage sludge, eligible persons who are municipalities or operators of publicly owned treatment works may assert the provisions of section 122(n) only under the following circumstances: ``(1) if liability arises from municipal solid waste collected and disposed of thirty-six months or later after the date of enactment of this subsection and the eligible person is a municipality, a qualified household hazardous waste collection program must have been operating while the municipal solid waste was collected and disposed; or ``(2) if liability arises from sewage sludge generated thirty-six months or later after the date of enactment of this subsection and the eligible person is an owner or operator of a publicly owned treatment works, a qualified publicly owned treatment works must have been operating while the sewage sludge was generated at such treatment works. ``(3) The term `qualified household hazardous waste collection program' means a program that includes-- ``(A) at least semiannual, well-publicized collections at conveniently located collection points with an intended goal of participation by 10 percent of community households; ``(B) a public education program that identifies both hazardous household products and safer substitutes (source reduction); ``(C) efforts to collect hazardous waste from conditionally exempt small quantity generators under section 3001(d) of the Solid Waste Disposal Act, with an intended goal of collecting wastes from 20 percent of such generators doing business within the jurisdiction of the municipality; and ``(D) a comprehensive plan, which may include regional compacts or joint ventures, that outlines how the program will be accomplished. ``(4) A person that operates a `qualified household hazardous waste collection program' and collects hazardous waste from conditionally exempt small quantity generators under section 3001(d) of the Solid Waste Disposal Act must transport or arrange to transport such waste in accordance with the Solid Waste Disposal Act and must dispose of such waste at a hazardous waste treatment, storage or disposal facility with a permit under section 3005 of the Solid Waste Disposal Act (42 U.S.C. 6925), but such person is otherwise deemed to be handling only household waste under the Solid Waste Disposal Act when it operates a qualified household hazardous waste collection program. ``(5) Nothing in this Act is intended to prohibit a municipality from assessing fees to persons whose waste is accepted during household hazardous waste collections, or shall prohibit a municipality from refusing to accept waste that the municipality believes is being disposed of in violation of the Solid Waste Disposal Act. ``(6) The term `qualified publicly owned treatment works' means a publicly owned treatment works that complies with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345). ``(7) The President may determine that a household hazardous waste collection program or a publicly owned treatment works is not qualified under this subsection. Minor instances of noncompliance do not render a household hazardous waste collection program or publicly owned treatment works unqualified under this subsection. ``(8) If the President determines that a household hazardous waste collection program is not qualified, the provisions of section 122(n) shall not apply, but only with regard to the municipal solid waste disposed of during the period of disqualification. ``(9) If a municipality or operator of a publicly owned treatment works is notified by the President or by a State with a program approved under section 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)) that its publicly owned treatment works is not in compliance with the requirements for paragraph (6) of this subsection, and if such noncompliance is not remedied within twelve months, the provisions of section 122(n) shall not apply, but only with regard to the sewage sludge generated or disposed of during the period of noncompliance.''. (d) Section 122(g)(1)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 is amended by inserting the following sentence at the end solid waste and sewage sludge, not the overall quantity of municipal solid waste and sewage sludge.''. (e) Nothing in this section shall modify the meaning or interpretation of the Solid Waste Disposal Act. (f) Nothing in this section shall modify a State's ability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to carry out actions authorized in such Act and to enter into a contract or cooperative agreement with the President to carry out such actions. (g) The settlement procedures and bar on judicial and administrative proceedings addressed in this section shall apply even if any constituent component of municipal solid waste or sewage sludge may be considered a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 when the constituent component exists apart from municipal solid waste or sewage sludge. (h) This Act and the amendments made by this section shall apply to each municipality and other person against whom administrative or judicial action has been commenced before the effective date of this Act, unless a final court judgment has been rendered against such municipality or other person or final court approval of a settlement agreement including such municipality or other person as a party has been granted. If a final court judgment has been rendered or court- approved settlement agreement has been reached that does not resolve all contested issues, such amendments shall apply to all contested issues not expressly resolved by such court judgment or settlement agreement.

Toxic Cleanup Equity and Acceleration Act of 1993 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to absolve municipalities or other persons of liability (other than to the President) for claims of contribution or other response costs for the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge. Authorizes eligible persons (defined as persons against whom administrative or judicial actions are brought, or to whom notice is given of potential liability, for activities involving municipal solid waste or sewage sludge) to settle their liability with the President. Requires final settlements to: (1) allocate to all activities for the management of municipal solid waste or sewage sludge a combined maximum of four percent of the total response costs for the facility; (2) require eligible persons to pay only equitable shares of the maximum percentage; (3) limit payments based on inability to pay, litigative risks, and other equitable factors; (4) permit in-kind services with regard to response actions in lieu of cash contributions; (5) limit a publicly owned treatment works' payments if it has promoted the reuse of sewage sludge through land application; and (6) be reached even if a person is liable under other CERCLA provisions. Authorizes the President to provide a covenant not to sue to persons who have entered into settlements. Absolves such persons of liability for contributions or other response costs for matters addressed in settlements. Reduces others' potential liability by the amount of a settlement, but bars discharging potentially responsible parties unless the settlement so provides. Applies settlement provisions to municipalities or treatment works who engage in municipal solid waste or sewage sludge management activities occurring 36 months after this Act's enactment date only if the eligible person is a: (1) municipality and a qualified household hazardous waste collection program has been operating while such waste was collected and disposed; or (2) treatment works in compliance with the Federal Water Pollution Control Act. Makes this Act retroactively effective to all actions commenced before this Act's effective date unless a final court judgment or approval of a settlement agreement has been granted.

Toxic Cleanup Equity and Acceleration Act of 1993

SECTION 1. TITLE. The Act may be cited as the ``Indian Tribal Development Consolidated Funding Act of 2000''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) A unique legal and political relationship exists between the United States and Indian tribes that is reflected in article I, clause 3 of the Constitution of the United States, various treaties, Federal statutes, Supreme Court decisions, executive agreements, and course of dealing. (2) Despite the infusion of substantial Federal dollars into Native American communities over several decades, the majority of Native Americans remain mired in poverty, unemployment, and despair. (3) The efforts of the United States to foster community, economic, and business development in Native American communities have been hampered by fragmentation of authority, responsibility and performance and by lack of timeliness and coordination in resources and decision-making. (4) The effectiveness of Federal and tribal efforts to generate employment opportunities and bring value-added activities and economic growth to Native American communities depends on cooperative arrangements among the various Federal agencies and Indian tribes. (b) Purposes.--It is the purpose of this Act to-- (1) enable Indian tribes and tribal organizations to use available Federal assistance more effectively and efficiently; (2) adapt and target such assistance more readily to particular needs through wider use of projects that are supported by more than 1 executive agency, assistance program, or appropriation of the Federal Government; (3) encourage Federal-tribal arrangements under which Indian tribes and tribal organizations may more effectively and efficiently combine Federal and tribal resources to support economic development projects; (4) promote the coordination of Native American economic programs to maximize the benefits of these programs to encourage a more consolidated, national policy for economic development; and (5) establish a demonstration project to aid Indian tribes in obtaining Federal resources and in more efficiently administering these resources for the furtherance of tribal self-governance and self-determination. SEC. 3. DEFINITIONS. In this title: (1) Applicant.--The term ``applicant'' means an Indian tribe or tribal organization applying for assistance for a community, economic, or business development project, including facilities to improve the environment, housing, roads, community facilities, business and industrial facilities, transportation, roads and highway, and community facilities. (2) Assistance.--The term ``assistance'' means the transfer of anything of value for a public purpose or support or stimulation that is-- (A) authorized by a law of the United States; and (B) provided by the Federal Government through grant or contractual arrangements, including technical assistance programs providing assistance by loan, loan guarantee, or insurance. (3) Assistance program.--The term ``assistance program'' means any program of the Federal Government that provides assistance for which Indian tribes or tribal organizations are eligible. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (5) Project.--The term ``project'' means an undertaking that includes components that contribute materially to carrying out 1 purpose or closely-related purposes that are proposed or approved for assistance under more than 1 Federal Government program. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Tribal organization.--The term ``tribal organization'' has the meaning given such term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). SEC. 4. LEAD AGENCY. The lead agency for purposes of carrying out this Act shall be the Department of the Interior. SEC. 5. SELECTION OF PARTICIPATING TRIBES. (a) Participants.-- (1) In general.--The Secretary may select not to exceed 24 Indian tribes in each fiscal year from the applicant pool described in subsection (b) to participate in the projects carried out under this Act. (2) Consortia.--Two or more Indian tribes that are otherwise eligible to participate in a program or activity to which this Act applies may form a consortium to participate as a single Indian tribe under paragraph (1). (b) Applicant Pool.--The applicant pool described in this subsection shall consist of each Indian tribe that-- (1) successfully completes the planning phase described in subsection (c); (2) has requested participation in a project under this Act through a resolution or other official action of the tribal governing body; and (3) has demonstrated, for the 3 fiscal years immediately preceding the fiscal year for which the requested participation is being made, financial stability and financial management capability as demonstrated by the Indian tribe having no material audit exceptions in the required annual audit of the self-determination contracts of the tribe. (c) Planning Phase.--Each Indian tribe seeking to participate in a project under this Act shall complete a planning phase that shall include legal and budgetary research and internal tribal government and organizational preparation. The tribe shall be eligible for a grant under this section to plan and negotiate participation in a project under this Act. SEC. 6. AUTHORITY OF HEADS OF EXECUTIVE AGENCIES. (a) In General.--The President, acting through the heads of the appropriate executive agencies, shall promulgate regulations necessary to carry out this Act and to ensure that this Act is applied and implemented by all executive agencies. (b) Scope of Coverage.--The executive agencies that are included within the scope of this Act shall include-- (1) the Department of Agriculture; (2) the Department of Commerce; (3) the Department of Defense; (4) the Department of Education; (5) the Department of Health and Human Services; (6) the Department of Housing and Urban Development; (7) the Department of the Interior; (8) the Department of Labor; and (9) the Environmental Protection Agency. (c) Activities.--Notwithstanding any other provision of law, the head of each executive agency, acting alone or jointly through an agreement with another executive agency, may-- (1) identify related Federal programs that are likely to be particularly suitable in providing for the joint financing of specific kinds of projects; (2) assist in planning and developing projects to be financed through different Federal programs; (3) with respect to Federal programs or projects that are identified or developed under paragraphs (1) or (2), develop and prescribe-- (A) guidelines; (B) model or illustrative projects; (C) joint or common application forms; and (D) other materials or guidance; (4) review administrative program requirements to identify those requirements that may impede the joint financing of projects and modify such requirement when appropriate; (5) establish common technical and administrative regulations for related Federal programs to assist in providing joint financing to support a specific project or class of projects; and (6) establish joint or common application processing and project supervision procedures, including procedures for designating-- (A) a lead agency responsible for processing applications; and (B) a managing agency responsible for project supervision. (d) Requirements.--In carrying out this Act, the head of each executive agency shall-- (1) take all appropriate actions to carry out this Act when administering a Federal assistance program; and (2) consult and cooperate with the heads of other executive agencies to carry out this Act in assisting in the administration of Federal assistance programs of other executive agencies that may be used to jointly finance projects undertaken by Indian tribes or tribal organizations. SEC. 7. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT FINANCING. In processing an application or request for assistance for a project to be financed in accordance with this Act by at least 2 assistance programs, the head of an executive agency shall take all appropriate actions to ensure that-- (1) required reviews and approvals are handled expeditiously; (2) complete account is taken of special considerations of timing that are made known to the head of the agency involved by the applicant that would affect the feasibility of a jointly financed project; (3) an applicant is required to deal with a minimum number of representatives of the Federal Government; (4) an applicant is promptly informed of a decision or special problem that could affect the feasibility of providing joint assistance under the application; and (5) an applicant is not required to get information or assurances from 1 executive agency for a requesting executive agency when the requesting agency makes the information or assurances directly. SEC. 8. UNIFORM ADMINISTRATIVE PROCEDURES. (a) In General.--To make participation in a project simpler than would otherwise be possible because of the application of varying or conflicting technical or administrative regulations or procedures that are not specifically required by the statute that authorizes the Federal program under which such project is funded, the head of an executive agency may promulgate uniform regulations concerning inconsistent or conflicting requirements with respect to-- (1) the financial administration of the project including accounting, reporting and auditing, and maintaining a separate bank account, to the extent consistent with this Act; (2) the timing of payments by the Federal Government for the project when 1 payment schedule or a combined payment schedule is to be established for the project; (3) the provision of assistance by grant rather than procurement contract; and (4) the accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Federal Government under the project. (b) Review.--In making the processing of applications for assistance under a project simpler under this Act, the head of an executive agency may provide for review of proposals for a project by a single panel, board, or committee where reviews by separate panels, boards, or committees are not specifically required by the statute that authorizes the Federal program under which such project is funded. SEC. 9. DELEGATION OF SUPERVISION OF ASSISTANCE. Pursuant to regulations established to implement this Act, the head of an executive agency may delegate or otherwise enter into an arrangement to have another executive agency carry out or supervise a project or class or projects jointly financed in accordance with this Act. Such a delegation-- (1) shall be made under conditions ensuring that the duties and powers delegated are exercised consistent with Federal law; and (2) may not be made in a manner that relieves the head of an executive agency of responsibility for the proper and efficient management of a project for which the agency provides assistance. SEC. 10. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION. (a) Joint Assistance Fund.--In providing support for a project in accordance with this Act, the head of an executive agency may provide for the establishment by the applicant of a joint assistance fund to ensure that amounts received from more than 1 Federal assistance program or appropriation are more effectively administered. (b) Agreement.--A joint assistance fund may only be established under subsection (a) in accordance with an agreement by the executive agencies involved concerning the responsibilities of each such agency. Such an agreement shall-- (1) ensure the availability of necessary information to the executive agencies and Congress; (2) provide that the agency administering the fund is responsible and accountable by program and appropriation for the amounts provided for the purposes of each account in the fund; and (3) include procedures for returning an excess amount in the fund to participating executive agencies under the applicable appropriation (an excess amount of an expired appropriation lapses from the fund). SEC. 11. FINANCIAL MANAGEMENT, ACCOUNTABILITY AND AUDITS. (a) Single Audit Act.--Recipients of funding provided in accordance with this Act shall be subject to the provisions of chapter 75 of title 31, United States Code. (b) Records.--With respect to each project financed through an account in a joint management fund established under section 10, the recipient of amounts from the fund shall maintain records as required by the head of the executive agencies responsible for administering the fund. Such records shall include-- (1) the amount and disposition by the recipient of assistance received under each Federal assistance program and appropriation; (2) the total cost of the project for which such assistance was given or used; (3) that part of the cost of the project provided from other sources; and (4) other records that will make it easier to conduct an audit of the project. (c) Availability.--Records of a recipient related to an amount received from a joint management fund under this Act shall be made available to the head of the executive agency responsible for administering the fund and the Comptroller General for inspection and audit. SEC. 12. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING. Amounts available for technical assistance and personnel training under any Federal assistance program shall be available for technical assistance and training under a project approved for joint financing under this Act where a portion of such financing involves such Federal assistance program and another assistance program. SEC. 13. JOINT FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS. Under regulations promulgated under this Act, the head of an executive agency may enter into an agreement with a State to extend the benefits of this Act to a project that involves assistance from at least 1 executive agency and at least 1 tribal agency or instrumentality. The agreement may include arrangements to process requests or administer assistance on a joint basis. SEC. 14. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, the President shall prepare and submit to Congress a report concerning the actions taken under this Act together with recommendations for the continuation of this Act or proposed amendments thereto. Such report shall include a detailed evaluation of the operation of this Act, including information on the benefits and costs of jointly financed projects that accrue to participating Indian tribes and tribal organizations.

Directs the President to promulgate regulations to carry out this Act and to ensure it is applied and implemented by all executive agencies. Outlines procedures for processing requests for joint financing (financing by at least two Federal assistance programs). Authorizes the establishment of a joint assistance fund to ensure that amounts received from more than one Federal program or appropriation are more effectively administered. Provides for the financial management, accountability, and audits of the use of financial assistance provided. Authorizes the provision of technical assistance and personnel training under a project approved for joint financing. Authorizes the head of an executive agency to enter into an agreement with a State to extend the benefits of this Act to a project that involves assistance from at least one executive agency and at least one tribal agency or instrumentality. Requires an implementation report from the President to Congress.

Indian Tribal Development Consolidated Funding Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organized Retail Theft Act of 2003''. SEC. 2. PROHIBITION AGAINST ORGANIZED RETAIL THEFT. (a) In General.--Chapter 103 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2120. Organized retail theft ``(a) In General.--Whoever in any material way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by taking possession of, carrying away, or transferring or causing to be carried away, with intent to steal, any goods offered for retail sale with a total value exceeding $1,000, but not exceeding $5,000, during any 180-day period shall be fined not more than $1,000, imprisoned not more than 1 year, or both. ``(b) High Value.--Whoever in any material way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by taking possession of, carrying away, or transferring or causing to be carried away, with intent to steal, any goods offered for retail sale with a total value exceeding $5,000, during any 180-day period, shall be fined under this title, imprisoned not more than 10 years, or both. ``(c) Receipt and Disposal.--Whoever receives, possesses, conceals, stores, barters, sells, disposes of, or travels in interstate or foreign commerce, with the intent to distribute, any property which the person knows, or should know has been taken or stolen in violation of subsection (a) or (b), or who travels in interstate or foreign commerce, with the intent to distribute the proceeds of goods which the person knows or should know to be the proceeds of an offense described in subsection (a) or (b), or to otherwise knowingly promote, manage, carry on, or facilitate an offense described in subsection (a) or (b), shall be fined or imprisoned as provided in subsection (a) if the actions involved a violation of subsection (a) and as provided in subsection (b) if the actions involved a violation of subsection (b). ``(d) Enhanced Penalties.-- ``(1) Assault.--Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title, imprisoned not more than 25 years, or both. ``(2) Death and kidnapping.--Whoever, in committing any offense under this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than 10 years, or if death results shall be punished by death or life imprisonment. ``(e) Forfeiture and Disposition of Goods.-- ``(1) In general.--Whoever violates this section shall forfeit to the United States, irrespective of any provision of State law any interest in the retail goods the person knows or should know to have been acquired or maintained in violation of this section. ``(2) Injunctions and impounding, forfeiture, and disposition of goods.-- ``(A) Injunctions and impounding.--In any prosecution under this subsection, upon motion of the United States, the court may-- ``(i) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the alleged violation; and ``(ii) at any time during the proceedings, order the impounding on such terms as the court determines to be reasonable, of any good that the court has reasonable cause to believe was involved in the violation. ``(B) Forfeiture and disposition of goods.--Upon conviction of any person of a violation under this subsection, the court shall-- ``(i) order the forfeiture of any good involved in the violation or that has been impounded under subparagraph (A)(ii); ``(ii) either-- ``(I) order the disposal of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law and if the manufacturer consents to such disposition; or ``(II) order the return of any goods seized or impounded under subparagraph (A)(ii) to their rightful owner; and ``(iii) find that the owner of the goods seized or impounded under subparagraph (A)(ii) aided in the investigation and order that such owner be reimbursed for the expenses associated with that aid. ``(C) Terms.--For purposes of remission and mitigation of goods forfeited to the Government under this subsection, the provisions of section 981(d) of this title shall apply. ``(f) Civil Remedies.-- ``(1) In general.--Any person injured by a violation of this section, or who demonstrates the likelihood of such injury, may bring a civil action in an appropriate United States district court against the alleged violator. The complaint shall set forth in detail the manner and form of the alleged violation. ``(2) Injunctions and impounding and disposition of goods.--In any action under paragraph (1), the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions upon the posting of a bond at least equal to the value of the goods affected and on such terms as the court determines to be reasonable to prevent or restrain the violation; ``(B) at any time while the action is pending, order the impounding upon the posting of a bond at least equal to the value of the goods affected and, on such terms as the court determines to be reasonable, if the court has reasonable cause to believe the goods were involved in the violation; and ``(C) as part of a final judgment or decree, in the court's discretion, order the restitution of any good involved in the violation or that has been impounded under subparagraph (B). ``(3) Damages.--In any action under paragraph (1), the plaintiff shall be entitled to recover the actual damages suffered by the plaintiff as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In establishing the violator's profits, the plaintiff shall be required to present proof only of the violator's sales, and the violator shall be required to prove all elements of cost or deduction claimed. ``(4) Costs and attorney's fees.--In any action under paragraph (1), in addition to any damages recovered under paragraph (3), the court in its discretion may award the prevailing party its costs in the action and its reasonable attorney's fees. ``(5) Repeat violations.-- ``(A) Treble damages.--In any case in which a person violates this section within 3 years after the date on which a final judgment was entered against that person for a previous violation of this section, the court may, in its discretion, in an action brought under this subsection, increase the award of damages for the later violation to not more than 3 times the amount that would otherwise be awarded under paragraph (3), as the court considers appropriate. ``(B) Burden of proof.--A plaintiff that seeks damages described in subparagraph (A) shall bear the burden of proving the existence of the earlier violation. ``(g) Definition.--In this section, the term `value' has the meaning given that term in section 2311 of this title.''. (b) Conforming Amendment.--The table of sections for chapter 103 of title 18, United States Code, is amended by inserting at the end the following: ``2120. Organized retail theft.''. SEC. 3. COMMISSION OF ORGANIZED RETAIL THEFT A PREDICATE FOR RICO CLAIM. Section 1961(1) of title 18, United States Code, is amended by adding ``, section 2120 (relating to organized retail theft)'' before ``, sections 2251''. SEC. 4. FLEA MARKETS. (a) Prohibitions.--No person at a flea market shall sell, offer for sale, or knowingly permit the sale of any of the following products: (1) Baby food, infant formula, or similar products used as a sole or major source of nutrition, manufactured and packaged for sale for consumption primarily by children under 3 years of age. (2) Any drug, food for special dietary use, cosmetic, or device, as such terms are defined in the Federal Food, Drug, and Cosmetic Act and regulations issued under that Act. (b) Exclusion.--Nothing in this section shall prohibit a person from engaging in activity otherwise prohibited by subsection (a), in the case of a product described in subsection (a)(2), if that person maintains for public inspection written documentation identifying the person as an authorized representative of the manufacturer or distributor of that product. (c) Flea Market Defined.-- (1) In general.--As used in this section, the term ``flea market'' means any physical location, other than a permanent retail store, at which space is rented or otherwise made available to others for the conduct of business as transient or limited vendors. (2) Exclusion.--For purposes of paragraph (1), transient or limited vendors shall not include those persons who sell by sample or catalog for future delivery to the purchaser. (d) Criminal Penalties.--Any person who willfully violates this section shall be punished as provided in section 2120 of title 18, United States Code. SEC. 5. ATTORNEY GENERAL REPORTING REQUIREMENTS. Beginning with the first year after the date of enactment of this Act, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, United States Code, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve organized retail theft (as punishable under section 2120 of title 18, United States Code, as added by this Act), including-- (1) the number of open investigations; (2) the number of cases referred by the United States Customs Service; (3) the number of cases referred by other agencies or sources; and (4) the number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under section 2120 of title 18, United States Code.

Organized Retail Theft Act of 2003 - Amends the Federal criminal code to prohibit organized retail theft. Prescribes penalties to be imposed for: (1) obstructing, delaying, or affecting commerce or the movement of any article or commodity in commerce by taking possession of, carrying away, or transferring, with intent to steal, any goods offered for retail sale with a total value of between $1,000 and $5,000, or of over $5,000, during any 180-day period; (2) receiving, possessing, concealing, storing, bartering, selling, disposing of, or traveling in interstate or foreign commerce with intent to distribute, any property which the person knows, or should have known, has been taken or stolen in violation of this Act; and (3) knowingly promoting, managing, or facilitating such an offense. Provides enhanced penalties for assault, jeopardizing a person's life by use of a dangerous weapon, killing, or kidnapping committeed in the course of such an offense. Requires a person to forfeit any interest in goods acquired or maintained in violation of this Act. Sets forth provisions concerning injunctions to restrain violations, impounding of goods, the forfeiture and disposition of goods, and civil remedies by persons aggrieved by violations of this Act. Makes commission of organized retail theft a predicate for a claim under the Racketeer Influenced and Corrupt Organizations Act. Prohibits anyone at a flea market from selling, offering for sale, or knowingly permitting the sale of: (1) baby food, infant formula, or similar products uses as a sole or major source of nutrition, manufactured and packaged for sale for consumption primarily by children under age three; or (2) any drug, food for special dietary use, cosmetic, or device, except by an authorized representative of the product manufacturer or distributor. Requires the Attorney General to report on Department of Justice actions involving organized retail theft.

A bill to amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged in organized retail theft.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coltsville National Historical Park Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``city'' means the city of Hartford, Connecticut. (2) Historic district.--The term ``Historic District'' means the Coltsville Historic District. (3) Map.--The term ``map'' means the map titled ``Coltsville National Historical Park--Proposed Boundary'', numbered T25/102087, and dated May 11, 2010. (4) Park.--The term ``park'' means the Coltsville National Historical Park in the State of Connecticut. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Connecticut. SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established in the State a unit of the National Park System to be known as the ``Coltsville National Historical Park''. (2) Conditions for establishment.--The park shall not be established until the date on which the Secretary determines that-- (A) the Secretary has acquired by donation sufficient land or an interest in land within the boundary of the park to constitute a manageable unit; (B) the State, city, or private property owner, as appropriate, has entered into a written agreement with the Secretary to donate at least 10,000 square feet of space in the East Armory which would include facilities for park administration and visitor services; (C) the Secretary has entered into a written agreement with the State, city, or other public entity, as appropriate, providing that and owned by the State, city, or other public entity within the Coltsville Historic District shall be managed consistent with this section; and (D) prior to accepting the donation referred to in subparagraph (B), the Secretary has reviewed the plans and financial resources of the developer of the East Armory to ensure the viability of the park based on those resources. (b) Boundaries.--The park may include and provide appropriate interpretation and viewing of the following sites, as generally depicted on the map: (1) The East Armory. (2) The Church of the Good Shepherd. (3) The Caldwell/Colt Memorial Parish House. (4) Colt Park. (5) The Potsdam Cottages. (6) Armsmear. (7) The James Colt House. (c) Written Consent of the Owner.--No non-Federal property may be included in the park without the written consent of the owner. (d) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) Notice.--No later than 30 days after the date on which the Secretary makes a determination under section 3(a)(2), the Secretary shall publish in the Federal Register notice of the establishment of the park. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) State and Local Jurisdiction.--Nothing in this Act enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the city)-- (1) to exercise civil and criminal jurisdiction; or (2) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the park. (c) Cooperative Agreements.-- (1) In general.--The Secretary may enter into cooperative agreements to carry out this Act. (2) Right of access.--A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- (A) conducting visitors through the properties; and (B) interpreting the properties for the public. (3) Changes or alterations.--No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations. (4) Conversion, use, or disposal.--Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of-- (A) the amounts made available to the project by the United States; or (B) the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal. (5) Matching funds.-- (A) In general.--As a condition of the receipt of funds under this subsection, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds. (B) Form.--With the approval of the Secretary, the non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source, fairly valued. (d) Collections.--The Secretary may enter into a written agreement with the State of Connecticut State Library, Wadsworth Atheneum, the Colt Trust, or other public entities, as appropriate, to gain appropriate access to Colt-related artifacts for routine display in the East Armory or within other areas of the park to enhance the visitor experience. (e) Acquisition of Land.--The Secretary is authorized to acquire land and interests in land by donation, purchase with donated funds, or exchange, except that land or interests in land owned by the State or any political subdivision of the State may be acquired only by donation. (f) Technical Assistance and Public Interpretation.--The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the historic district. (g) No Use of Condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (h) No Buffer Zone Created.--Nothing in this Act, the establishment of the park, or the management plan for the park shall be construed to create buffer zones outside of the park. That activities or uses can be seen, heard, or detected from areas within the park shall not preclude, limit, control, regulate or determine the conduct or management of activities or uses outside of the park. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 fiscal years after the date on which funds are made available to carry out this Act, the Secretary shall complete a management plan for the park in accordance with-- (1) section 12(b) of the National Park Service General Authorities Act; and (2) other applicable laws. (b) Cost Share.--The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the park. (c) Submission to Congress.--On completion of the management plan, the Secretary shall submit the management plan to-- (1) the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Energy and Natural Resources of the Senate.

Coltsville National Historical Park Act - (Sec. 3) Establishes the Coltsville National Historical Park as a unit of the National Park System in Connecticut. Delays establishment of the Park until specified conditions have been met, including that: (1) Connecticut, the city of Hartford, or private property owner, as appropriate, has entered into a written agreement with the Secretary of the Interior to donate at least 10,000 square feet of space in the East Armory; and (2) the Secretary has entered into a written agreement with the state, city, or other public entity, as appropriate, which provides that land owned by such an entity within the Coltsville Historic District shall be managed consistent with this Act. Authorizes the Park to provide interpretation and viewing of specified sites, including the East Armory and Colt Park. Prohibits the inclusion of any non-federal property in the Park without the owner's written consent. (Sec. 4) Declares that nothing in this Act enlarges, diminishes, or modifies any authority of the state (including the city) to: (1) exercise civil and criminal jurisdiction; or (2) carry out state laws (including regulations) and rules on non-federal land located within the boundary of the Park. Authorizes the Secretary, to carry out this Act, to enter into cooperative agreements subject to specified terms, including right of access to conduct visitors through and interpret the properties for the public. Bars any changes or alterations to any properties covered by such an agreement unless the Secretary and the other party to the agreement agree to them. Subjects any payment made by the Secretary to an agreement that conversion, use, or disposal of a project for purposes contrary to the purposes of this Act shall entitle the United States to reimbursement. Requires any federal funds under such an agreement to be matched on a one-to-one basis by non-federal funds. Authorizes the Secretary of the Interior to enter into a written agreement with the Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other appropriate public entities to gain access to Colt-related artifacts for routine display in the East Armory or within other areas of the Park. Authorizes the Secretary to acquire lands and interests in land by donation, purchase with donated funds, or exchange, except that lands or interests in land owned by the state or any political subdivision of the state may be acquired by donation only. Prohibits the Secretary from acquiring by condemnation any land or interest in land under this Act or for the purposes of this Act. Declares that nothing in this Act, the establishment of the Park, or the management plan for the Park shall be construed to create buffer zones outside of the Park. (Sec. 5) Requires the Secretary to complete and submit to Congress a management plan for the Park. Requires the management plan to identify the costs to be shared by the federal government, the state, the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park.

Coltsville National Historical Park Act