FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accessible Health Coverage Act''. SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC. (a) In General.--Chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Individual access to coverage ``(a) In General.--A contract may not be made or a plan approved unless the carrier agrees to offer to eligible individuals, throughout each term for which the contract or approval remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or plan to employees and annuitants and their family members. ``(b) Eligible Individuals.--An individual shall be eligible to enroll under a plan or contract under this chapter if such individual-- ``(1) is not eligible to be enrolled in a group health plan (as such term is defined in section 2791(a) of the Public Health Service Act (42 U.S.C. 300gg-1(a)); ``(2) provides the Office with documentation that such individual has been denied individual health insurance coverage (as such term is defined in section 2791(b)(5) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(5)); ``(3) during the 6-month period prior to the date on which such individual attempts to enroll under such plan or contract, was not eligible for coverage through a State high-risk health insurance pool or coverage through a health insurer of last resort; ``(4) is not eligible for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(5) meets such other requirements as the Office, by regulation, may impose. ``(c) Enrollment.--The Office shall provide for the implementation of procedures to provide for an annual open enrollment period during which individuals may enroll with a plan or contract for coverage under this section. ``(d) Premiums.-- ``(1) In general.--Premiums for coverage under this section shall be established in conformance with such requirements as the Office shall by regulation prescribe, including provisions to ensure conformance with generally accepted standards and practices associated with community rating. ``(2) Limitation.--With respect to coverage under a health plan or contract under this section, the Office, in establishing premiums under paragraph (1), shall ensure that the monthly premium for coverage under this section does not exceed 200 percent of the monthly premium otherwise applicable for the coverage of employees and annuitants and their family members under such health plan or contract under this chapter. ``(e) Adjustment in Agency Contributions.-- ``(1) Annual reporting.--Each carrier shall maintain separate records with respect to individuals covered under this section and employees and annuitants (and their family members) otherwise covered under this chapter, and shall annually report to the Office the amount which the carrier paid (including claims and administrative costs) with respect to coverage provided to individuals under this section. ``(2) Determination by office.--If, based on the reports received under paragraph (1), the Office determines that the average cost of providing coverage to individuals under this section exceeds 200 percent of the premiums paid by such individuals for such coverage, the Office shall increase the biweekly Government contribution for coverage otherwise provided under this chapter by an amount equal to such excess amount. ``(f) Contributions and Benefits.-- ``(1) In general.--In no event shall the enactment of this section result in-- ``(A) any increase in the level of individual contributions by employees or annuitants as required under section 8906 or under any other provision of this chapter, including copayments or deductibles; ``(B) the payment by the Government of any premiums associated with coverage under this section except for the increase described in subsection (e)(2); ``(C) any decrease in the types of benefits offered under this chapter; or ``(D) any other change that would adversely affect the coverage afforded under this chapter to employees and annuitants and their family members. ``(2) Limitation.--Coverage under this section shall be provided on an individual, not a family basis. ``(g) Individuals Eligible for Medicare.--Benefits under this section shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), be offered (for use in coordination with those Social Security benefits) to the same extent and in the same manner as if coverage were under the preceding provisions of this chapter, rather than under this section. ``(h) Exclusion of Certain Carriers.-- ``(1) In general.--A carrier may file an application with the Office setting forth reasons why such carrier, or a plan provided by such carrier, should be excluded from the requirements of this section. ``(2) Consideration of factors.--In reviewing an application under paragraph (1), the Office may consider such factors as-- ``(A) any bona fide enrollment restrictions which would make the application of this section inappropriate, including those common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government; ``(B) whether compliance with this section would jeopardize the financial solvency of the plan or carrier, or otherwise compromise its ability to offer health benefits under the preceding provisions of this chapter; and ``(C) the anticipated duration of the requested exclusion, and what efforts the plan or carrier proposes to take in order to be able to comply with this section. ``(i) Application of Section.--Except as the Office may by regulation prescribe, any reference to this chapter (or any requirement of this chapter), made in any provision of law, shall not be considered to include this section (or any requirement of this section). ``(j) Termination.--This section shall terminate on the date that is 10 years after the date of enactment of this section.''. (b) Conforming Amendment.--The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``8915. Individual access to coverage.''.

Accessible Health Coverage Act - Amends Federal law to require any plan approved under the Federal Employees Health Benefits Program to offer health insurance to certain members of the general public who are not otherwise eligible for health insurance. Sets forth provisions concerning premiums, contributions, and benefits. Terminates the provisions of this Act ten years after enactment.

Accessible Health Coverage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Personal Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the rest of the United States for sporting use and for lawful defense of persons, homes, and families. (4) The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses. (5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only disarm law-abiding citizens. (6) Legislation is required to correct the District of Columbia's law in order to restore the rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety. SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS. Section 4 of the Act entitled ``An Act to prohibit the killing of wild birds and wild animals in the District of Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is amended by adding at the end the following: ``This section shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor regulated by the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.''. SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows: ``(10) Machine gun means any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot automatically, more than 1 shot by a single function of the trigger.''. SEC. 5. REPEAL REGISTRATION REQUIREMENT. (a) In General.--Section 201(a) of the Firearms Control Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code) is amended by striking ``any firearm, unless'' and all that follows through paragraph (3) and inserting the following: ``any firearm described in subsection (c).''. (b) Description of Firearms Remaining Illegal.--Section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by adding at the end the following new subsection: ``(c) A firearm described in this subsection is any of the following: ``(1) A sawed-off shotgun. ``(2) A machine gun. ``(3) A short-barreled rifle.''. SEC. 6. REPEAL HANDGUN AMMUNITION BAN. Section 601 of the Firearms Control Regulations Act of 1975 (sec. 7-2506.01, D.C. Official Code) is repealed. SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code) is repealed. SEC. 8. ADDITIONAL REPEALS. Sections 202 through 211 of the Firearms Control Regulations Act of 1975 (secs. 7-2502.02 through 7-2502.11, D.C. Official Code) are repealed. SEC. 9. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS. (a) In General.--Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended-- (1) by striking ``that:'' and all that follows through ``(1) A'' and inserting ``that a''; and (2) by striking paragraph (2). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act. SEC. 10. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S DWELLING OR OTHER PREMISES. (a) In General.--Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22--4504(a), D.C. Official Code) is amended-- (1) in the matter before paragraph (1), by striking ``a pistol,'' and inserting the following: ``except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded, a firearm,''; and (2) by striking ``except that:'' and all that follows through ``(2) If the violation'' and inserting ``except that if the violation''. (b) Treatment of Certain Exceptions.--Section 5(a) of such Act (47 Stat. 651; sec. 22--4505(a), D.C. Official Code) is amended-- (1) by striking ``pistol'' each place it appears and inserting ``firearm''; and (2) by striking the period at the end and inserting the following: ``, or to any person while carrying or transporting a firearm used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a firearms or hunter safety class, trapping, or a dog obedience training class or show, or the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition while the person is engaged in, on the way to, or returning from that activity if each firearm is unloaded and carried in an enclosed case or an enclosed holster, or to any person carrying or transporting a firearm in compliance with sections 926A, 926B or 926C of title 18, United States Code.''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act. Passed the House of Representatives September 29, 2004. Attest: JEFF TRANDAHL, Clerk.

District of Columbia Personal Protection Act - (Sec. 3) Amends the District of Columbia Code to provide that the D.C. Council's regulatory authority regarding firearms, explosives, and weapons in the District shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor regulated by the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. (Sec. 4) Amends the Firearms Control Regulations Act of 1975 to repeal the portion of the definition of a machine gun that specifies any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons. Retains the ban on automatic weapons.) (Sec. 5) Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on registration of pistols (handguns); (3) prohibition on possession of handgun ammunition; (4) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked; and (5) related firearm registration requirements, such as those for applicant qualifications and filing deadline. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. (Sec. 9) Eliminates criminal penalties for possessing an unregistered firearm. (Sec. 10) Amends the District of Columbia Code to eliminate criminal penalties of a fine of up to $5,000 or five years imprisonment, or both, for carrying a firearm (currently, carrying a pistol) whether loaded or unloaded outside one's dwelling house, place of business, or on other land possessed by such person. (Retains the criminal penalties for the basic offense of carrying a concealed weapon of a fine of up to $1,000 or imprisonment for up to one year, or both, for a first offense, as well as a fine of up to $10,000 or ten years imprisonment, or both, for a repeat offense.) Replaces pistol with firearm regarding the exceptions to criminal penalties for a person carrying such weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Modifies the exception to the prohibition against carrying concealed weapons to include: (1) persons carrying or transporting a firearm used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a firearms or hunter safety class, trapping, or a dog obedience training class or show; (2) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition while the person is engaged in, on the way to, or returning from that activity if each firearm is unloaded and carried in an enclosed case or an enclosed holster; or (3) persons carrying or transporting a firearm in compliance with the Federal criminal code.

To restore second amendment rights in the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Test and Training Range Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``covered wilderness'' means the wilderness area designated by this Act and wilderness study areas located near lands withdrawn for military use and beneath special use airspace critical to the support of military test and training missions at the Utah Test and Training Range, including the Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and Conger Mountain units designated by the Department of the Interior. (2) The term ``Tribe'' means the Skull Valley Band of Goshute Indians. (3) The term ``Utah Test and Training Range'' means those portions of the military operating area of the Utah Test and Training Area located solely in the State of Utah. The term includes the Dugway Proving Ground. (4) The term ``Wilderness Act'' means Public Law 88-577, approved September 3, 1964 (16 U.S.C. 1131 et seq.). SEC. 3. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING RANGE. (a) Findings.--The Congress finds the following: (1) The testing and development of military weapons systems and the training of military forces are critical to ensuring the national security of the United States. (2) The Utah Test and Training Range in the State of Utah is a unique and irreplaceable national asset at the core of the test and training mission of the Department of Defense. (3) The Cedar Mountain Wilderness Area designated by section 5, as well as several wilderness study areas, are located near lands withdrawn for military use or are beneath special use airspace critical to the support of military test and training missions at the Utah Test and Training Range. (4) The Utah Test and Training Range and special use airspace withdrawn for military uses create unique management circumstances for the covered wilderness in this Act, and it is not the intent of Congress that passage of this Act shall be construed as establishing a precedent with respect to any future national conservation area or wilderness designation. (5) Continued access to the special use airspace and lands that comprise the Utah Test and Training Range, under the terms and conditions described in this section, is a national security priority and is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources of such lands. (b) Overflights.--Nothing in this Act or the Wilderness Act shall preclude low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the covered wilderness, including military overflights and operations that can be seen or heard within the covered wilderness. (c) Special Use Airspace and Training Routes.--Nothing in this Act or the Wilderness Act shall preclude the designation of new units of special use airspace, the expansion of existing units of special use airspace, or the use or establishment of military training routes over the covered wilderness. (d) Communications and Tracking Systems.--Nothing in this Act shall prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems (or infrastructure supporting such systems) or prevent the installation of new communication, instrumentation, or other equipment necessary for effective testing and training to meet military requirements in wilderness study areas located beneath special use airspace comprising the Utah Test and Training Range, including the Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and Conger Mountain units designated by the Department of Interior, so long as the Secretary of the Interior, after consultation with the Secretary of the Air Force, determines that the installation and maintenance of such systems, when considered both individually and collectively, comply with section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782). (e) Emergency Access and Response.--Nothing in this Act or the Wilderness Act shall preclude the continuation of the memorandum of understanding in existence as of the date of enactment of this Act between the Department of the Interior and the Department of the Air Force with respect to emergency access and response. (f) Prohibition on Ground Military Operations.--Except as provided in subsections (d) and (e), nothing in this section shall be construed to permit a military operation to be conducted on the ground in covered wilderness in the Utah Test and Training Range unless such ground operation is otherwise permissible under Federal law and consistent with the Wilderness Act. SEC. 4. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING RANGE. (a) Analysis of Military Readiness and Operational Impacts.--The Secretary of the Interior shall develop, maintain, and revise land use plans pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S. C. 1712) for Federal lands located in the Utah Test and Training Range in consultation with the Secretary of Defense. As part of the required consultation in connection with a proposed revision of a land use plan, the Secretary of Defense shall prepare and transmit to the Secretary of the Interior an analysis of the military readiness and operational impacts of the proposed revision within six months of a request from the Secretary of Interior. (b) Limitation on Rights-of-Ways.--The Secretary of the Interior shall not grant or issue any authorizations for rights-of-way under section 501(a)(6) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761(a)(6)) upon Federal lands identified as inventory units UTU-020-086, UTU-020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU- 020-101, UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as generally depicted on the map entitled ``Wilderness Inventory, State of Utah'' and dated August 1979, until the later of the following: (1) The completion of a full revision of the Pony Express Area Resource Management Plan, dated January 12, 1990, by the Salt Lake Field Office of the Bureau of Land Management. (2) January 1, 2015. SEC. 5. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN WILDERNESS, UTAH. (a) Designation.--Certain Federal lands in Tooele County, Utah, as generally depicted on the map entitled ``Cedar Mountain Wilderness'' and dated March 7, 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System to be known as the Cedar Mountain Wilderness Area. (b) Withdrawal.--Subject to valid existing rights, the Federal lands in the Cedar Mountain Wilderness Area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the United States mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments to such laws. (c) Map and Description.--(1) As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall transmit a map and legal description of the Cedar Mountain Wilderness Area to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal description. (3) The map and legal description shall be on file and available for public inspection in the office of the Director of the Bureau of Land Management and the office of the State Director of the Bureau of Land Management in the State of Utah. (d) Administration.--Subject to valid existing rights and this Act, the Cedar Mountain Wilderness Area shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the date of the enactment of this Act. (e) Land Acquisition.--Any lands or interest in lands within the boundaries of the Cedar Mountain Wilderness Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Cedar Mountain Wilderness Area. (f) Fish and Wildlife Management.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the jurisdiction of the State of Utah with respect to fish and wildlife on the Federal lands located in that State. (g) Grazing.--Within the Cedar Mountain Wilderness Area, the grazing of livestock, where established before the date of the enactment of this Act, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary of the Interior considers necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas, as such intent is expressed in the Wilderness Act, section 101(f) of Public Law 101-628 (104 Stat. 4473), and appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101- 405). (h) Buffer Zones.--Congress does not intend for the designation of the Cedar Mountain Wilderness Area to lead to the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. (i) Release From Wilderness Study Area Status.--The lands identified as the Browns Spring Cherrystem on the map entitled ``Proposed Browns Spring Cherrystem'' and dated May 11, 2004, are released from their status as a wilderness study area, and shall no longer be subject to the requirements of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) pertaining to the management of wilderness study areas in a manner that does not impair the suitability of those areas for preservation of wilderness. SEC. 6. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND MANAGEMENT LAND IN UTAH AS TRUST LAND FOR SKULL VALLEY BAND OF GOSHUTES. (a) Identification of Trust Land.--The Secretary of the Interior shall identify approximately 640 additional acres of Bureau of Land Management land in the State of Utah to be administered in trust for the benefit of the Skull Valley Band of Goshutes. (b) Special Considerations.--In identifying the land under subsection (a), the Secretary of the Interior shall-- (1) consult with leaders of the Tribe and the Governor of Utah; and (2) ensure that the land has ready access to State or Federal highways and, in the judgment of the Secretary, provides the best opportunities for commercial economic development in closest proximity to other lands of the Tribe. (c) Placement in Trust.--Not later than December 31, 2005, the Secretary of the Interior shall place the land identified pursuant to subsection (a) into trust for the purposes of economic development for the Tribe. At least 30 days before placing the land in trust for the Tribe, the Secretary shall publish in the Federal Register legal descriptions of the land to be placed in trust. (d) Management of Trust Land.--The land placed into trust for the Tribe under subsection (c) shall be administered in accordance with laws generally applicable to property held in trust by the United States for Indian Tribes, except that the land shall immediately revert to the administrative control of the Bureau of Land Management if the Tribe sells, or attempts to sell, any part of the land. (e) Effect.--Nothing in this section-- (1) affects any valid right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest of any person or entity (other than the United States) in or to the trust land that exists before the date on which the land is placed in trust for the Tribe under subsection (c); (2) enlarges, impairs, or otherwise affects a right or claim of the Tribe to any land or interest in land based on Aboriginal or Indian title that exists before the date of the enactment of this Act; (3) constitutes an express or implied reservation of water or water right for any purpose with respect to the trust land; or (4) affects any water right of the Tribe that exists before the date of the enactment of this Act. SEC. 7. RELATION TO OTHER LANDS AND LAWS. (a) Other Lands.--Nothing in this Act shall be construed to affect any Federal lands located outside of the covered wilderness or the management of such lands. (b) Conforming Repeal.--Section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is amended by striking subsection (d).

Utah Test and Training Range Protection Act - States that nothing in this Act or the Wilderness Act shall: (1) preclude low-level overflights and operations of military aircraft, missiles, or unmanned aerial vehicles over the Utah Test and Training Range (Range), including the Dugway Proving Ground; (2) preclude the designation of new or expansion of existing units of special use airspace or the use or establishment of military training routes over such Range; (3) prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems in the Range or the addition of communications, instrumentation, or equipment necessary for effective testing and training to meet military requirements in wilderness study areas located beneath special use airspace of the Range, upon specified determinations by the Secretary of the Interior; (4) preclude the continuation of a current memorandum of understanding between the Departments of the Interior and Air Force with respect to emergency access and response within the Range; or (5) permit ground military operations in covered wilderness of the Range, unless such operations are otherwise permissible under Federal law and consistent with the Wilderness Act. Directs the Secretary to develop, maintain, and revise land use plans for Federal lands located in the Range, in consultation with the Secretary of Defense. Limits the issuance of rights-of-way in the Range. Designates certain Federal lands in Tooele County, Utah, as the Cedar Mountain Wilderness Area. Withdraws such lands from all forms of entry, appropriation, or disposal under the public land laws, including mining and mineral and geothermal leasing. Authorizes fish and wildlife management and livestock grazing within such areas, as appropriate. Releases the Browns Springs Cherrystem area from its status as a wilderness study area. Directs the Secretary to identify approximately 640 additional acres of Bureau of Land Management lands in Utah to be administered in trust for the benefit of the Skull Valley Band of Goshutes.

To ensure the continued availability of the Utah Test and Training Range to support the readiness and training needs of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Bonus Repayment and Financial Relief Act''. SEC. 2. WAIVER OF RECOUPMENT OF CERTAIN BONUSES AND SIMILAR BENEFITS ERRONEOUSLY RECEIVED BY MEMBERS OF THE ARMY NATIONAL GUARD. (a) Review of Bonuses and Benefits To Determine Erroneous Receipt.--The Secretary of the Army shall review all bonuses, incentive pays, or similar benefits received by members of the Army National Guard during the period beginning on January 1, 2004, and ending on December 31, 2010, in order to determine if such bonuses, pays, or similar benefits were issued erroneously. (b) Action Upon Determination of Erroneous Receipt.--Except as provided in subsection (c), if the Secretary determines that any bonus, incentive pay, or similar benefit described in subsection (a) was issued erroneously, the Secretary shall-- (1) in the case of a bonus, pay, or benefit for which repayment would otherwise be authorized pursuant to section 303a(e) or 373 of title 37, United States Code, as applicable, waive repayment of the bonus, pay, or benefit in the event the member concerned fully satisfies any period of service otherwise agreed to or imposed upon the member in connection with receipt of the bonus, pay, or benefit; and (2) in the case of a bonus, pay, or benefit repaid by a member before the date of the enactment of this Act, repay the member the amount so repaid by the member, plus any interest paid by the member in connection with the member's repayment, in the event the member fully satisfies any period of service otherwise agreed to or imposed upon the member in connection with receipt of the bonus, pay, or benefit. (c) Exceptions.--Notwithstanding subsection (b), the Secretary may require a member of the Army National Guard to repay any bonus, incentive pay, or similar benefit described in subsection (a) that was issued erroneously if the Secretary determines either of the following: (1) That the member knowingly received the bonus, pay, or benefit through fraud or misrepresentation in which the member participated. (2) That repayment is otherwise consistent with the provisions of section 303a(e) or 373 of title 37, United States Code, as applicable. (d) Additional Actions.-- (1) In general.--For any member of the Army National Guard granted relief under subsection (b), the Secretary shall-- (A) notify all consumer credit reporting agencies that any debt subject to the relief was never valid; and (B) provide assistance, to the extent practicable, to the member if the member has faced or is facing financial hardship as a result of the recoupment actions taken against the member in connection with receipt of the bonus or similar benefit concerned. (2) Effect of consumer credit notification.--A consumer reporting agency notified of the invalidity of a debt pursuant to paragraph (1)(A) may not, after the date of the notice, make any consumer report containing any information relating to the debt. (e) Source of Funds.--Amount for repayments pursuant to subsection (b)(2) shall be derived from applicable current appropriations as if such repayments were payments for claims in connection with the correction of military records as provided in section 1552(c) of title 10, United States Code. (f) Report.--Not later than 60 days after the completion of the review required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following: (1) The number of bonuses, incentive pays, or similar benefits identified through the review as being provided erroneously. (2) The number of members of the Army National Guard against whom the Department of Defense proceeded with recoupment for erroneous provision, set forth by basis for recoupment and amount recouped. (3) The number of members of the Army National Guard for whom the Department waived recoupment for erroneous provision, set forth by basis of waiver, amount waived, and amount repaid to members whose waiver occurred after recoupment by the Department. (4) The number of members of the Army National Guard subject to an exception under subsection (c). (g) Definitions.--In this section: (1) The term ``bonus, incentive pay, or similar benefit''-- (A) has the meaning given that term in section 373(d)(1) of title 37, United States Code; and (B) includes a bonus or similar benefit (as that term is defined in section 303a(e) of such title) for which repayment would be authorized pursuant to such section 303a(e). (2) The terms ``consumer credit reporting agency'' and ``consumer report'' have the meaning given such terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a).

National Guard Bonus Repayment and Financial Relief Act This bill requires the Army to review all bonuses, incentive pays, or similar benefits received by members of the Army National Guard between January 1, 2004, and December 31, 2010, to determine if such benefits were issued erroneously and to either: (1) waive repayment of such an erroneous payment if the member concerned fully satisfies any period of service otherwise agreed to or imposed upon the member in connection with receipt of the payment; or (2) repay any such erroneous payment and any interest that was repaid by a member before this bill's enactment if the member fully satisfies any such period of service. The Army may require an Army National Guard member to repay any such erroneous payment upon determining that: (1) the member knowingly received the benefit through fraud or misrepresentation in which the member participated, or (2) repayment is otherwise consistent with provisions governing repayment of unearned pay. For any such member granted relief under this bill, the Army shall: (1) notify all consumer credit reporting agencies that any debt subject to the relief was never valid, and (2) provide assistance to the member facing financial hardship as a result of recoupment actions taken in connection with receipt of the payment. A consumer reporting agency notified of the invalidity of such a debt may not, after the date of notice, make any consumer report containing information relating to the debt.

National Guard Bonus Repayment and Financial Relief Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commercial Engagement Through Ocean Technology Act of 2018'' or the ``CENOTE Act of 2018''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Coordination regarding assessment and acquisition by National Oceanic and Atmospheric Administration of unmanned maritime systems. Sec. 4. Regular assessment of unmanned maritime systems to support National Oceanic and Atmospheric Administration missions. Sec. 5. Acquisition of unmanned maritime systems. Sec. 6. Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration. Sec. 7. Funding and additional authorities. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Administrator.--The term ``Administrator'' means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. (3) Cooperative activities of the administration.--The terms ``cooperative activities of the Administration'' means cooperative activities between the Administration and an external entity, such as the Cooperative Institutes, Sea Grant Colleges, National Estuarine Research Reserves, the National Oceanographic Partnership Program established under chapter 665 of title 10, United States Code, and regional associations of the Integrated Ocean Observing System. (4) Data specifications.--The term ``data specifications'' shall refer to the type, resolution, periodicity, and quality of data required by an program of the Administration. (5) Test or training range.-- (A) In general.--The term ``test or training range'' means an area designated for operating unmanned maritime systems and other types of systems for the purpose of-- (i) evaluating the performance of such systems; or (ii) training personnel on operating procedures for such systems. (B) Inclusions.--The term ``test or training range'' may include specialized fixed or portable instrumentation for the operation of unmanned maritime systems and other types of systems. (6) Unmanned maritime systems.-- (A) In general.--The term ``unmanned maritime systems'' means remotely operated or autonomous vehicles produced by the commercial sector-- (i) designed to function without an on-board human presence; and (ii) that may include associated components such as control and communications, instrumentation, data transmission, and processing systems. (B) Examples.--The term ``unmanned maritime systems'' includes the following: (i) Unmanned undersea vehicles. (ii) Unmanned surface vehicles. (iii) Autonomous underwater vehicles. (iv) Autonomous surface vehicles. (C) Treatment of aerial vehicles.--The term ``unmanned maritime systems'' includes unmanned aerial vehicles and autonomous aerial vehicles that are used to address maritime issues to the extent the Administrator determines it is necessary and appropriate to achieve the purposes of this Act. SEC. 3. COORDINATION REGARDING ASSESSMENT AND ACQUISITION BY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OF UNMANNED MARITIME SYSTEMS. (a) Establishment.--The Administrator shall direct the Office of Oceanic and Atmospheric Research (in this Act referred to as ``OAR'') and the Office of Marine and Aviation Operations (in this Act referred to as ``OMAO'')-- (1) to coordinate the Administration's research, assessment, and acquisition of unmanned maritime systems; and (2) to consider the use of unmanned maritime systems in cooperative activities of the Administration. (b) Coordination Within the Administration.-- (1) Unmanned systems executive oversight board.--In meeting the requirements described in subsection (a), the Administrator shall-- (A) utilize the Unmanned Systems Executive Oversight Board (in this Act referred to as the ``USEOB'') as the coordinating mechanism; and (B) ensure that OAR and OMAO address requirements throughout the Administration. (2) Included.--In utilizing the USEOB under paragraph (1), the Administrator shall ensure that representation on the USEOB is included from the following: (A) The Office of Ocean Exploration (OER). (B) The program office of the Integrated Ocean Observing System. (C) Such other offices of the Administration as the Administrator determines are actively engaged with unmanned maritime systems. (c) Coordination With the Navy.-- (1) In general.--In carrying out this Act, the Administrator shall-- (A) make efforts to coordinate with the Secretary of the Navy to leverage expertise in the development and operational transition of unmanned maritime systems; (B) align with, utilize, and inform the Deputy Under Secretary of Commerce for Operations and the Oceanographer of the Navy's strategic and operational priorities, particularly for missions and geography within the Administration's purview; (C) seek to utilize Naval unmanned systems test or training ranges, such as the Gulf of Mexico Unmanned Systems Test and Training Range of the Naval Meteorology and Oceanography Command, and maximize interagency cooperation and sharing of best practices; and (D) to formalize coordination, execute a memorandum of understanding with the Secretary of the Navy that includes-- (i) incorporating consideration of priorities and requirements of the Administration into research and development activities conducted by the Secretary of the Navy; (ii) consultation intended to encourage and facilitate efforts by the Administration to partner with the Navy to procure unmanned maritime systems and to establish, instrument, and operate test or training ranges and related facilities; (iii) adopting procedures defined by the Secretary of the Navy for the Administration to access and utilize test or training ranges or related Naval facilities for purposes identified in paragraph (2)(B); and (iv) such other topics as the Administrator considers necessary or advisable, including mapping, bathymetry, observations, and ocean exploration. (2) Location.--The Administrator shall, if practicable, carry out the activities authorized by this Act at a facility where the Navy and the Administration are co-located, for the following purposes: (A) Gaining efficiencies through collaboration. (B) Advancing development of unmanned maritime systems, including-- (i) systems research and development; (ii) systems testing; (iii) systems modifications; and (iv) systems integration. (C) Accelerating transition from concept to manufacturing and acquisition. (d) Coordination With Other Federal Agencies.--In carrying out this Act, the Administrator and the Secretary of the Navy may utilize the National Oceanographic Partnership Program, established under chapter 665 of title 10, United States Code, as a mechanism for providing interagency coordination for the advancement of unmanned maritime systems. (e) Coordination With Academic Sector.--In carrying out this Act, the Administrator, in consultation with the Secretary of the Navy, may coordinate and co-locate with an academic research institution, or consortium of academic research institutions, for the following purposes: (1) Maximizing opportunities for research and development of unmanned maritime systems. (2) Providing training in unmanned maritime systems as part of an accredited certificate or degree program of education. (3) Facilitating the commercialization of unmanned maritime systems through public-private partnerships that includes academic research institutions, private industry, and public safety agencies. (4) Arranging access to and use of additional facilities that support testing and assessment of or training with respect to unmanned maritime systems under environmental conditions of interest, increasing operational tolerance under such conditions, certifying operational capacity under such conditions, whether real or simulated, and training operators of unmanned maritime systems in real or simulated environments. (5) Facilitating engagement with other academic institutions with interest or relevant expertise in unmanned maritime systems. (6) Promoting information sharing between the academic, environmental, and military institutions to lead to more robust, mission-oriented unmanned maritime systems. (f) Engagement With the Private Sector.--Other than as described in subsection (e), the Administrator, in consultation with the Secretary of the Navy, may, in carrying out this Act, to the extent practicable, coordinate and consult with the private sector-- (1) to support the commercialization of unmanned maritime systems; and (2) to assist with their assessment of commercially available unmanned maritime systems to support the missions and goals of the Navy, the Administration, and cooperative activities of the Administration. SEC. 4. REGULAR ASSESSMENT OF UNMANNED MARITIME SYSTEMS TO SUPPORT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MISSIONS. (a) In General.--The Administrator, acting through the Assistant Administrator for Oceanic and Atmospheric Research and the Director of the Office of Marine and Aviation Operations and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, shall regularly assess publicly and commercially available unmanned maritime systems for potential use to support missions of the Administration. (b) Science-based Assessments.--The Administrator shall carry out subsection (a) through the Assistant Administrator for all matters relating to assessment of the suitability, feasibility, and cost- effectiveness of unmanned maritime systems to meet data specifications required by programs of the Administration. (c) Assessment of Operational Utility.--The Administrator shall carry out subsection (a) through the Director for all matters relating to assessment of whether unmanned maritime systems are operationally reliable, feasible, and cost effective enough to make observations required by programs of the Administration. (d) Engagement.--The Assistant Administrator and the Director shall jointly-- (1) convene and consult the Unmanned Maritime Systems Ocean Technology Coordinating Committee established under section 3(b); and (2) consult with the heads of other offices of the Administration, the academic sector, and developers and manufacturers of unmanned maritime systems to conduct the assessments under subsection (a). SEC. 5. ACQUISITION OF UNMANNED MARITIME SYSTEMS. (a) In General.--The Administrator shall coordinate and centralize the acquisition by the Administration of unmanned maritime systems to meet the prioritized list of data requirements identified by OAR and OMAO in carrying out this Act in their regular assessments and approved by the USEOB. (b) Memoranda of Understanding.--In order to realize greater savings and efficiency, the Administrator may develop and execute a memorandum of agreement with the Secretary of the Navy to-- (1) participate in procurements conducted by the signatories to the memorandum of understanding; (2) accept decommissioned unmanned maritime systems from the Navy; (3) develop policies and procedures to share unmanned maritime systems; or (4) provide for other means of creating efficiency and savings in Federal acquisition of unmanned maritime systems. (c) Rule of Construction.--Nothing in this Act shall be construed to modify Federal procurement law. SEC. 6. REPORTS ON UNMANNED MARITIME SYSTEMS AND USAGE FOR MISSION OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) In General.--In carrying out this Act, the Administrator shall, not later than one year after the date of the enactment of this Act, and every 4 years thereafter, submit to the appropriate committees of Congress a report on the usage of unmanned maritime systems for the mission of the Administration. (b) Contents.--Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) An inventory of current unmanned maritime systems used by programs of the Administration, a summary of the data they have returned, and the benefits realized from having such data. (2) A prioritized list of data requirements of the Administration that could be met with unmanned maritime systems, and the commercially available unmanned maritime systems with the operational capabilities to collect such data. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Science, Space, and Technology of the House of Representatives. SEC. 7. FUNDING AND ADDITIONAL AUTHORITIES. (a) Funding.--The Administrator shall carry out this Act using existing amounts appropriated or otherwise made available to the Administration. (b) Additional Authorities.--In carrying out this Act, the Administrator may-- (1) enter into contracts, cooperative agreements, and other transactions with any domestic or foreign government; (2) notwithstanding section 1342 of title 31, United States Code, accept donations and voluntary and uncompensated services; (3) accept funds from other Federal departments and agencies; (4) utilize the National Oceanographic Partnership Program established under chapter 665 of title 10, United States Code, to accept funds from other Federal departments and agencies, to accept donations, and to enter into contracts and award grants; (5) under an agreement entered into under paragraph (1), transfer funds appropriated to carry our this Act to any organization; and (6) use, with their consent, with or without reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of-- (A) any department, agency, or instrumentality of the United States; (B) any State or local government or tribal government; or (C) any foreign government or international organization. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Commercial Engagement Through Ocean Technology Act of 2018 or the CENOTE Act of 2018 This bill directs the National Oceanic and Atmospheric Administration (NOAA)to establish a joint program office within the Office of Oceanic and Atmospheric Research and the Office of Marine and Aviation Operations to coordinate the acquisition and assessment of unmanned maritime systems. NOAA must coordinate with the Department of the Navy to leverage expertise in the development and operational transition of unmanned maritime systems. It may also coordinate with other federal agencies, the academic sector, and the private sector to maximize research opportunities and to support commercialization of unmanned maritime systems.

Commercial Engagement Through Ocean Technology Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act of 2011''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some four-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Indian students who are residents of the State or of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2011 and each succeeding fiscal year, the Secretary of Education shall pay to any eligible college an amount equal to the charges for tuition for all Indian students who are not residents of the State in which the college is located and who are enrolled in the college for the academic year ending before the beginning of such fiscal year. (2) Eligible colleges.--For purposes of this section, an eligible college is any four-year Native American-serving nontribal institution of higher education which provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation.--The amount paid to any college for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2010-2011. (b) Treatment of Payment.--Any amounts received by a college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve any State from any mandate it may have under Federal law to reimburse a college for each academic year-- (1) with respect to Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definitions.--In this section, the term ``Indian students'' includes reference to the term ``Indian pupils'' as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which it received its original grant of land and facilities from the United States. (e) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all available unobligated funds, $15,000,000 in appropriated discretionary funds are hereby rescinded. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception.--This section shall not apply to the unobligated funds of the Department of Defense, the Department of Veterans Affairs, or the Department of Education.

Native American Indian Education Act of 2011 - Directs the Secretary of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Limits that payment each fiscal year to the institution's total out-of-state tuition for Indian students in academic year 2010-2011. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program.

To help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians.

SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804 and inserting the following: ``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS. ``(a) Definitions.--In this section: ``(1) Importer.--The term `importer' means a pharmacist or wholesaler. ``(2) Pharmacist.--The term `pharmacist' means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs. ``(3) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b), other than-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; or ``(E) a drug that is inhaled during surgery. ``(4) Qualifying laboratory.--The term `qualifying laboratory' means a laboratory in the United States that has been approved by the Secretary for the purposes of this section. ``(5) Wholesaler.-- ``(A) In general.--The term `wholesaler' means a person licensed as a wholesaler or distributor of prescription drugs in the United States under section 503(e)(2)(A). ``(B) Exclusion.--The term `wholesaler' does not include a person authorized to import drugs under section 801(d)(1). ``(b) Regulations.--The Secretary, after consultation with the United States Trade Representative and the Commissioner of Customs, shall promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. ``(c) Limitation.--The regulations under subsection (b) shall-- ``(1) require that safeguards be in place to ensure that each prescription drug imported under the regulations complies with section 505 (including with respect to being safe and effective for the intended use of the prescription drug), with sections 501 and 502, and with other applicable requirements of this Act; ``(2) require that an importer of a prescription drug under the regulations comply with subsections (d)(1) and (e); and ``(3) contain any additional provisions determined by the Secretary to be appropriate as a safeguard to protect the public health or as a means to facilitate the importation of prescription drugs. ``(d) Information and Records.-- ``(1) In general.--The regulations under subsection (b) shall require an importer of a prescription drug under subsection (b) to submit to the Secretary the following information and documentation: ``(A) The name and quantity of the active ingredient of the prescription drug. ``(B) A description of the dosage form of the prescription drug. ``(C) The date on which the prescription drug is shipped. ``(D) The quantity of the prescription drug that is shipped. ``(E) The point of origin and destination of the prescription drug. ``(F) The price paid by the importer for the prescription drug. ``(G) Documentation from the foreign seller specifying-- ``(i) the original source of the prescription drug; and ``(ii) the quantity of each lot of the prescription drug originally received by the seller from that source. ``(H) The lot or control number assigned to the prescription drug by the manufacturer of the prescription drug. ``(I) The name, address, telephone number, and professional license number (if any) of the importer. ``(J)(i) In the case of a prescription drug that is shipped directly from the first foreign recipient of the prescription drug from the manufacturer: ``(I) Documentation demonstrating that the prescription drug was received by the recipient from the manufacturer and subsequently shipped by the first foreign recipient to the importer. ``(II) Documentation of the quantity of each lot of the prescription drug received by the first foreign recipient demonstrating that the quantity being imported into the United States is not more than the quantity that was received by the first foreign recipient. ``(III)(aa) In the case of an initial imported shipment, documentation demonstrating that each batch of the prescription drug in the shipment was statistically sampled and tested for authenticity and degradation. ``(bb) In the case of any subsequent shipment, documentation demonstrating that a statistically valid sample of the shipment was tested for authenticity and degradation. ``(ii) In the case of a prescription drug that is not shipped directly from the first foreign recipient of the prescription drug from the manufacturer, documentation demonstrating that each batch in each shipment offered for importation into the United States was statistically sampled and tested for authenticity and degradation. ``(K) Certification from the importer or manufacturer of the prescription drug that the prescription drug-- ``(i) is approved for marketing in the United States; and ``(ii) meets all labeling requirements under this Act. ``(L) Laboratory records, including complete data derived from all tests necessary to ensure that the prescription drug is in compliance with established specifications and standards. ``(M) Documentation demonstrating that the testing required by subparagraphs (J) and (L) was conducted at a qualifying laboratory. ``(N) Any other information that the Secretary determines is necessary to ensure the protection of the public health. ``(2) Maintenance by the secretary.--The Secretary shall maintain information and documentation submitted under paragraph (1) for such period of time as the Secretary determines to be necessary. ``(e) Testing.--The regulations under subsection (b) shall require-- ``(1) that testing described in subparagraphs (J) and (L) of subsection (d)(1) be conducted by the importer or by the manufacturer of the prescription drug at a qualified laboratory; ``(2) if the tests are conducted by the importer-- ``(A) that information needed to-- ``(i) authenticate the prescription drug being tested; and ``(ii) confirm that the labeling of the prescription drug complies with labeling requirements under this Act; be supplied by the manufacturer of the prescription drug to the pharmacist or wholesaler; and ``(B) that the information supplied under subparagraph (A) be kept in strict confidence and used only for purposes of testing or otherwise complying with this Act; and ``(3) may include such additional provisions as the Secretary determines to be appropriate to provide for the protection of trade secrets and commercial or financial information that is privileged or confidential. ``(f) Registration of Foreign Sellers.--Any establishment within Canada engaged in the distribution of a prescription drug that is imported or offered for importation into the United States shall register with the Secretary the name and place of business of the establishment. ``(g) Suspension of Importation.--The Secretary shall require that importations of a specific prescription drug or importations by a specific importer under subsection (b) be immediately suspended on discovery of a pattern of importation of the prescription drugs or by the importer that is counterfeit or in violation of any requirement under this section, until an investigation is completed and the Secretary determines that the public is adequately protected from counterfeit and violative prescription drugs being imported under subsection (b). ``(h) Approved Labeling.--The manufacturer of a prescription drug shall provide an importer written authorization for the importer to use, at no cost, the approved labeling for the prescription drug. ``(i) Prohibition of Discrimination.-- ``(1) In general.--It shall be unlawful for a manufacturer of a prescription drug to discriminate against, or cause any other person to discriminate against, a pharmacist or wholesaler that purchases or offers to purchase a prescription drug from the manufacturer or from any person that distributes a prescription drug manufactured by the drug manufacturer. ``(2) Discrimination.--For the purposes of paragraph (1), a manufacturer of a prescription drug shall be considered to discriminate against a pharmacist or wholesaler if the manufacturer enters into a contract for sale of a prescription drug, places a limit on supply, or employs any other measure, that has the effect of-- ``(A) providing pharmacists or wholesalers access to prescription drugs on terms or conditions that are less favorable than the terms or conditions provided to a foreign purchaser (other than a charitable or humanitarian organization) of the prescription drug; or ``(B) restricting the access of pharmacists or wholesalers to a prescription drug that is permitted to be imported into the United States under this section. ``(j) Charitable Contributions.--Notwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge by the manufacturer of the drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country. ``(k) Waiver Authority for Importation by Individuals.-- ``(1) Declarations.--Congress declares that in the enforcement against individuals of the prohibition of importation of prescription drugs and devices, the Secretary should-- ``(A) focus enforcement on cases in which the importation by an individual poses a significant threat to public health; and ``(B) exercise discretion to permit individuals to make such importations in circumstances in which-- ``(i) the importation is clearly for personal use; and ``(ii) the prescription drug or device imported does not appear to present an unreasonable risk to the individual. ``(2) Waiver authority.-- ``(A) In general.--The Secretary may grant to individuals, by regulation or on a case-by-case basis, a waiver of the prohibition of importation of a prescription drug or device or class of prescription drugs or devices, under such conditions as the Secretary determines to be appropriate. ``(B) Guidance on case-by-case waivers.--The Secretary shall publish, and update as necessary, guidance that accurately describes circumstances in which the Secretary will consistently grant waivers on a case-by-case basis under subparagraph (A), so that individuals may know with the greatest practicable degree of certainty whether a particular importation for personal use will be permitted. ``(3) Drugs imported from canada.--In particular, the Secretary shall by regulation grant individuals a waiver to permit individuals to import into the United States a prescription drug that-- ``(A) is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply; ``(B) is accompanied by a copy of a valid prescription; ``(C) is imported from Canada, from a seller registered with the Secretary; ``(D) is a prescription drug approved by the Secretary under chapter V; ``(E) is in the form of a final finished dosage that was manufactured in an establishment registered under section 510; and ``(F) is imported under such other conditions as the Secretary determines to be necessary to ensure public safety. ``(l) Studies; Reports.-- ``(1) By the institute of medicine of the national academy of sciences.-- ``(A) Study.-- ``(i) In general.--The Secretary shall request that the Institute of Medicine of the National Academy of Sciences conduct a study of-- ``(I) importations of prescription drugs made under the regulations under subsection (b); and ``(II) information and documentation submitted under subsection (d). ``(ii) Requirements.--In conducting the study, the Institute of Medicine shall-- ``(I) evaluate the compliance of importers with the regulations under subsection (b); ``(II) compare the number of shipments under the regulations under subsection (b) during the study period that are determined to be counterfeit, misbranded, or adulterated, and compare that number with the number of shipments made during the study period within the United States that are determined to be counterfeit, misbranded, or adulterated; and ``(III) consult with the Secretary, the United States Trade Representative, and the Commissioner of Patents and Trademarks to evaluate the effect of importations under the regulations under subsection (b) on trade and patent rights under Federal law. ``(B) Report.--Not later than 2 years after the effective date of the regulations under subsection (b), the Institute of Medicine shall submit to Congress a report describing the findings of the study under subparagraph (A). ``(2) By the comptroller general.-- ``(A) Study.--The Comptroller General of the United States shall conduct a study to determine the effect of this section on the price of prescription drugs sold to consumers at retail. ``(B) Report.--Not later than 18 months after the effective date of the regulations under subsection (b), the Comptroller General of the United States shall submit to Congress a report describing the findings of the study under subparagraph (A). ``(m) Construction.--Nothing in this section limits the authority of the Secretary relating to the importation of prescription drugs, other than with respect to section 801(d)(1) as provided in this section. ``(n) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic Act is amended-- (1) in section 301(aa) (21 U.S.C. 331(aa)), by striking ``covered product in violation of section 804'' and inserting ``prescription drug in violation of section 804''; (2) in section 303(a)(6) (21 U.S.C. 333(a)(6), by striking ``covered product pursuant to section 804(a)'' and inserting ``prescription drug under section 804(b)''.

Amends provisions of the Federal Food, Drug, and Cosmetic Act set forth in the Medicine Equity and Drug Safety Act of 2000 to: (1) direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import Food and Drug Administration (FDA)-approved prescription drugs from Canada (currently, from Australia, Canada, Israel, Japan, New Zealand, Switzerland, South Africa, the countries in the European Union and the European Free Trade Association, or other countries designated by the Secretary); and (2) exclude an infused or intravenously injected drug or a drug that is inhaled during surgery.Prohibits discrimination in the sale of prescription drugs by manufacturers to pharmacists or wholesalers, requiring: (1) terms as favorable as those provided to foreign purchasers; and (2) full access to drugs permitted to be imported.Continues the requirement that exported donated prescription drugs may only be reimported by the manufacturer.Permits the Secretary to waive the prohibition against importing a prescription drug or device on a case-by-case basis, particularly those from Canada that are FDA-approved and for limited personal use.Requires a study and report by the: (1) Institute of Medicine of the National Academy of Sciences on the regulatory compliance of importers of drugs; and (2) Comptroller General on how drug prices were affected.

To permit commercial importation of prescription drugs from Canada, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Affordable Small Business Stimulus Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES. (a) In General.--Section 179(b)(1) (relating to dollar limitation) is amended to read as follows: ``(1) Dollar limitation.-- ``(A) In general.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $35,000 ($25,000 in the case of taxable years beginning in 2001). ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2002, the $35,000 amount contained in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.'' (b) Expansion of Phase-Out of Limitation.--Section 179(b)(2) is amended to read as follows: ``(2) Reduction in limitation.-- ``(A) In general.--The limitation under paragraph (1) for any taxable year shall be reduced (but not below zero) by the amount by which the cost of section 179 property for which a deduction is allowable (without regard to this subsection) under subsection (a) for such taxable year exceeds $350,000 ($250,000 in the case of taxable years beginning in 2001). ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2002, the $350,000 amount contained in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (c) Time of Deduction.--The second sentence of section 179(a) (relating to election to expense certain depreciable business assets) is amended by inserting ``(or, if the taxpayer elects, the preceding taxable year if the property was purchased in such preceding year)'' after ``service''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. MODIFICATIONS OF EXCLUSIONS AND ROLLOVERS OF GAIN ON QUALIFIED SMALL BUSINESS STOCK. (a) Exclusion of Gain on Qualified Small Business Stock.-- (1) Increase in exclusion percentage.-- (A) In general.--Section 1202(a)(1) (relating to exclusion for gain from certain small business stock) is amended by striking ``50 percent'' and inserting ``75 percent''. (B) 100-percent exclusion for critical technology and specialized small business investment businesses.-- Section 1202(a) is amended by adding at the end the following new paragraph: ``(3) Critical technology and specialized small business investment businesses.-- ``(A) In general.--In the case of qualified small business stock acquired after the date of the enactment of this paragraph which is stock in-- ``(i) a critical technology corporation, or ``(ii) a corporation which is a specialized small business investment company (as defined in subsection (c)(2)(B)(ii)), paragraph (1) shall be applied by substituting `100 percent' for `75 percent'. ``(B) Critical technology corporation.--The term `critical technology corporation' means a corporation substantially all of the active business activities of which during substantially all of a taxpayer's holding period of stock in the corporation are in connection with critical technologies (as defined in section 2500(6) of title 10, United States Code), transportation security technologies, antiterrorism technologies, technologies enhancing security by improving methods of personal identification (including biometrics), or environmental technologies for pollution minimization, remediation, or waste management.'' (C) Empowerment zone conforming amendment.--Section 1202(a)(2)(A) is amended-- (i) by striking ``60 percent'' and inserting ``100 percent'', and (ii) by striking ``50 percent'' and inserting ``75 percent''. (2) Decrease in holding period.-- (A) In general.--Section 1202(a)(1) is amended by striking ``5 years'' and inserting ``3 years''. (B) Conforming amendment.--Section 1202(j)(1)(A) is amended by striking ``5 years'' and inserting ``3 years''. (3) Exclusion available to corporations.-- (A) In general.--Subsection (a) of section 1202 (relating to partial exclusion for gains from certain small business stock) is amended by striking ``other than a corporation''. (B) Technical amendment.--Subsection (c) of section 1202 is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.'' (4) Stock of larger businesses eligible for exclusion.-- (A) In general.--Paragraph (1) of section 1202(d) (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (B) Inflation adjustment.--Section 1202(d) (defining qualified small business) is amended by adding at the end the following: ``(5) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 2002, the $100,000,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (b) Increase in Period To Purchase Replacement Stock and Qualify for Rollover.-- (1) In general.--Section 1045(a)(2) (relating to nonrecognition of gain) is amended by striking ``60-day'' and inserting ``180-day''. (2) Conforming amendment.--Section 1045(b)(2) is amended by striking ``60-day'' and inserting ``180-day''. (c) Effective Dates.-- (1) Exclusion.--The amendments made by subsection (a) shall apply to stock issued after the date of the enactment of this Act. (2) Rollover.--The amendment made by subsection (b) shall apply to sales after the date of the enactment of this Act. SEC. 4. RECOVERY PERIOD FOR DEPRECIATION OF COMPUTERS AND PERIPHERAL EQUIPMENT AND COMPUTER SOFTWARE. (a) Recovery Period for Computers.-- (1) 3-year period.-- (A) In general.--Subparagraph (A) of section 168(e)(3) (relating to 3-year property) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any computers or peripheral equipment (as defined in subsection (i)(2)(B)).'' (B) Conforming amendment.--Clause (iv) of section 168(e)(3)(B) (relating to 5-year property) is amended by inserting ``(except computers or peripheral equipment)'' before the comma. (2) 3-year recovery period under alternative depreciation system for tax-exempt use property, etc.--Subparagraph (C) of section 168(g)(3) (relating to alternative depreciation system for certain property) is amended to read as follows: ``(C) Qualified technological equipment.-- ``(i) In general.--Except as provided in clause (ii), in the case of any qualified technological equipment, the recovery period used for purposes of paragraph (2) shall be 5 years. ``(ii) Computers or peripheral equipment.-- In the case of any computer or peripheral equipment, the recovery period used for purposes of paragraph (2) shall be 3 years.'' (b) 24-Month Useful Life for Depreciation of Computer Software.-- Subparagraph (A) of section 167(f)(1) (relating to computer software) is amended by striking ``36 months'' and inserting ``24 months''. (c) 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. 5. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF SELF- EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents.'' (b) Clarification of Limitations on Other Coverage.--The first sentence of section 162(l)(2)(B) is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 6. DISCLOSURE OF TAX INFORMATION TO FACILITATE COMBINED EMPLOYMENT TAX REPORTING. Section 6103(d)(5) is amended to read as follows: ``(5) Disclosure for combined employment tax reporting.-- The Secretary may disclose taxpayer identity information and signatures to any agency, body, or commission of any State for the purpose of carrying out with such agency, body, or commission a combined Federal and State employment tax reporting program approved by the Secretary. Subsections (a)(2) and (p)(4) and sections 7213 and 7213A shall not apply with respect to disclosures or inspections made pursuant to this paragraph.'' SEC. 7. INCOME AVERAGING FOR FARMERS AND FISHERMEN NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) (defining regular tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Coordination with income averaging for farmers and fishermen.--Solely for purposes of this section, section 1301 (relating to averaging of farm and fishing income) shall not apply in computing the regular tax.'' (b) Allowing Income Averaging for Fishermen.-- (1) In general.--Section 1301(a) is amended by striking ``farming business'' and inserting ``farming business or fishing business''. (2) Definition of elected farm income.-- (A) In general.--Clause (i) of section 1301(b)(1)(A) is amended by inserting ``or fishing business'' before the semicolon. (B) Conforming amendment.--Subparagraph (B) of section 1301(b)(1) is amended by inserting ``or fishing business'' after ``farming business'' both places it occurs. (3) Definition of fishing business.--Section 1301(b) is amended by adding at the end the following new paragraph: ``(4) Fishing business.--The term `fishing business' means the conduct of commercial fishing as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 8. MODIFICATION OF UNRELATED BUSINESS INCOME LIMITATION ON INVESTMENT IN CERTAIN DEBT-FINANCED PROPERTIES. (a) In General.--Section 514(c)(6) (relating to acquisition indebtedness) is amended-- (1) by striking ``include an obligation'' and inserting ``include-- ``(A) an obligation'', (2) by striking the period at the end and inserting ``, or'', and (3) by adding at the end the following: ``(B) indebtedness incurred by a small business investment company licensed under the Small Business Investment Act of 1958 which is evidenced by a debenture-- ``(i) issued by such company under section 303(a) such Act, or ``(ii) held or guaranteed by the Small Business Administration.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to acquisitions made on or after the date of the enactment of this Act.

Affordable Small Business Stimulus Act of 2001 - Amends the Internal Revenue Code with respect to the expensing of depreciable business assets (section 179) to increase maximum annual amounts and the phase-out threshold (eliminating the current phase-in of annual increases).Increases the exclusion percentage when calculating the exclusion of gain on qualified small business stock, including critical technology and specialized small business investment company stock. Increases the period in which purchased replacement stock will qualify for rollover status.Reduces the recovery period for depreciation of computers, peripheral equipment, and software.Permits self-employed individuals to deduct all of their health insurance costs.Permits the disclosure of Federal taxpayer identity information and signatures to State entities to carry out an approved combined employment tax reporting program.States that income averaging for farmers and fisherman will not increase their alternative minimum tax liability.Excludes from acquisition indebtedness certain indebtedness incurred by a small business investment company licensed under the Small Business Investment Act of 1958.

A bill to amend the Internal Revenue Code of 1986 to provide tax relief for small business, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Mining Townsite Conveyance Act''. SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, ESMERALDA AND NYE COUNTIES, NEVADA. (a) Findings.--Congress finds that-- (1) the Federal Government owns real property in and around historic mining townsites in the counties of Esmeralda and Nye in the State of Nevada; (2) while the real property described in paragraph (1) is under the jurisdiction of the Secretary, some of the real property has been occupied for decades by individuals-- (A) who took possession by purchase or other documented and putatively legal transactions; and (B) the continued occupation by whom constitutes a trespass on the title held by the Federal Government; (3) as a result of the confused and conflicting ownership claims, the real property described in paragraph (1)-- (A) is difficult to manage under multiple use policies; and (B) creates a continuing source of friction and unease between the Federal Government and local residents; (4)(A) all of the real property described in paragraph (1) is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness; and (B) as of the date of enactment of this Act, the Bureau of Land Management has identified the mining townsites for disposal; and (5) to promote the responsible resource management of the real property described in paragraph (1), certain parcels should be conveyed to the county in which the property is situated in accordance with land use management plans of the Bureau of Land Management so that the county may, in addition to other actions, dispose of the property to individuals residing on or otherwise occupying the real property. (b) Definitions.--In this Act: (1) Conveyance maps.--The term ``conveyance maps'' means-- (A) the map entitled ``Original Mining Townsite Ione Nevada'' and dated October 17, 2005; and (B) the map entitled ``Original Mining Townsite Gold Point'' and dated October 17, 2005. (2) Mining townsite.--The term ``mining townsite'' means real property-- (A) located in the Gold Point and Ione townsites within the counties of Esmeralda and Nye, Nevada, as depicted on the conveyance maps; (B) that is owned by the Federal Government; and (C) on which improvements were constructed based on the belief that-- (i) the property had been or would be acquired from the Federal Government by the entity that operated the mine; or (ii) the individual or entity that made the improvement had a valid claim for acquiring the property from the Federal Government. (D) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management. (c) Mining Claim Validity Review.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall carry out an expedited program to examine each unpatented mining claim (including each unpatented mining claim for which a patent application has been filed) within each mining townsite. (2) Determination of validity.--With respect to a mining claim, if the Secretary determines that the elements of a contest are present, the Secretary shall immediately determine the validity of the mining claim. (3) Declaration by secretary.--If the Secretary determines a mining claim to be invalid, as soon as practicable after the date of the determination, the Secretary shall declare the mining claim to be null and void. (4) Treatment of valid mining claims.-- (A) In general.--Each mining claim that the Secretary determines to be valid shall be maintained in compliance with the general mining laws and subsection (d)(2)(B). (B) Effect on holders.--A holder of a mining claim described in subparagraph (A) shall not be entitled to a patent. (5) Abandonment of claim.--The Secretary shall provide-- (A) public notice that each mining claim holder may affirmatively abandon the claim of the mining claim holder prior to the validity review; and (B) to each mining claim holder an opportunity to abandon the claim of the mining claim holder before the date on which the land that is subject to the mining claim is conveyed. (d) Conveyance Authority.-- (1) In general.--After completing a validity review under subsection (c) and notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the appropriate county, without consideration, all right, title, and interest of the United States in and to mining townsites (including improvements on the mining townsites)-- (A) identified for conveyance on the conveyance maps; and (B) that are not subject to valid mining claims. (2) Valid mining claims.-- (A) In general.--With respect to each parcel of land located in a mining townsite subject to a valid mining claim, the Secretary shall reserve the mineral rights and otherwise convey, without consideration, the remaining right, title, and interest of the United States in and to the mining townsite (including improvements on the mining townsite) that is identified for conveyance on a conveyance map. (B) Procedures and requirements.--Each valid mining claim shall be subject to each procedure and requirement described in section 9 of the Act of December 29, 1916 (43 U.S.C. 299) (commonly known as the ``Stockraising Homestead Act of 1916'') (including regulations). (3) Availability of conveyance maps.--The conveyance maps shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Recipients.-- (1) Original recipient.--Subject to paragraph (2), the conveyance of a mining townsite under subsection (d) shall be made to the county in which the mining townsite is situated. (2) Reconveyance to occupants.-- (A) In general.--In the case of a mining townsite conveyed under subsection (d) for which a valid interest is proven by 1 or more individuals, under the provisions of Nevada Revised Statutes Chapter 244, the county that receives the mining townsite under paragraph (1) shall reconvey the property to the 1 or more individuals by appropriate deed or other legal conveyance as provided in that chapter. (B) Authority of county.--A county described in subparagraph (A) is not required to recognize a claim under this paragraph that is submitted on a date that is later than 5 years after the date of enactment of this Act. (f) Valid Existing Rights.--The conveyance of a mining townsite under subsection (d) shall be subject to valid existing rights, including any easement or other right-of-way or lease in existence as of the date of the conveyance. (g) Withdrawals.--Subject to valid rights in existence on the date of enactment of this Act, and except as otherwise provided in this Act, the mining townsites are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (h) Survey.--A mining townsite to be conveyed by the United States under subsection (d) shall be sufficiently surveyed as a whole to legally describe the land for patent conveyance. (i) Conveyance of Terminated Mining Claims.--If a mining claim determined by the Secretary to be valid under subsection (c) is abandoned, invalidated, or otherwise returned to the Bureau of Land Management, the mining claim shall be-- (1) withdrawn in accordance with subsection (g); and (2) conveyed to the owner of the surface rights covered by the mining claim. (j) Release.--On completion of the conveyance of a mining townsite under subsection (d), the United States shall be relieved from liability for, and shall be held harmless from, any and all claims arising from the presence of improvements and materials on the conveyed property. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act.

Nevada Mining Townsite Conveyance Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to carry out an expedited program to examine and determine the validity of each unpatented mining claim (including each claim for which a patent application has been filed) within specified mining townsites (federally owned real property in the Gold Point and Ione townsites within Esmeralda and Nye Counties, Nevada, on which improvements were constructed based on the belief that: (1) the property had been or would be acquired from the federal government by the entity that operated the mine; or (2) the individual or entity that made the improvement had a valid claim for acquiring the property from the federal government). Directs the Secretary of the Interior, after completing the validity review, to convey to the appropriate county, without consideration, all right, title, and interest of the United States in and to any such mining townsites (including improvements) which are not subject to valid mining claims. Requires the Secretary to reserve the mineral rights in each parcel of land subject to a valid mining claim, but convey, without consideration, the remaining U.S. right, title, and interest. Requires the county receiving such a site, if one or more individuals (occupants, for instance) prove a valid interest under Nevada law, to reconvey the property to such individual or individuals. Withdraws the mining townsites from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Requires withdrawal and conveyance to the owner of the surface rights of any mining claim determined valid which is abandoned, invalidated, or otherwise returned to the BLM.

A bill to provide for the conveyance of certain public land in and around historic mining townsites located in the State of Nevada, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abraham Lincoln Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Abraham Lincoln, the 16th President, was one of the Nation's greatest leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation's history. (2) Born of humble roots in present-day LaRue County, Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a combination of honesty, integrity, intelligence, and commitment to the United States. (3) With the belief that all men were created equal, Abraham Lincoln led the effort to free all slaves in the United States. (4) Abraham Lincoln had a generous heart, with malice toward none and with charity for all. (5) Abraham Lincoln gave the ultimate sacrifice for his country, dying from an assassin's bullet on April 15, 1865. (6) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln. (7) The Abraham Lincoln Bicentennial Commission has been charged by Congress with planning the celebration of President Lincoln's bicentennial. (8) The proceeds from a commemorative coin will help fund the celebration and the continued study of the life of President Lincoln. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, 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 life and legacy of President Abraham Lincoln. (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 ``2009''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts and the Abraham Lincoln Bicentennial Commission; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2009. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $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 minted under this Act shall be promptly paid by the Secretary to the Abraham Lincoln Bicentennial Commission to further the work of the Commission. (c) Audits.--The Abraham Lincoln Bicentennial Commission shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. Passed the Senate June 29, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 811 _______________________________________________________________________ AN ACT To require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the birth of Abraham Lincoln.

Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during the one-year period beginning on January 1, 2009. States that only one facility of the U.S. Mint may be used to strike any particular quality of the coins. Subjects coin sales to a surcharge of $10 per coin. Requires all surcharges received from the sale of such coins to be promptly paid by the Secretary to the Abraham Lincoln Bicentennial Commission.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the birth of Abraham Lincoln.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Insurance Claims Privacy Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Limitations on disclosure of claims information to law enforcement agencies. Sec. 6. Separation of the functions of a crime bureau from the functions of an insurance data support organization. Sec. 7. Coordination with State law. Sec. 8. Enforcement. SEC. 2. FINDINGS. The Congress finds that-- (1) property and casualty insurers annually collect information pertaining to the claims filed by millions of policyholders and other individuals; (2) this information is generally provided to industry organizations for the purpose of assisting insurers to quickly pay a claim or, alternatively, to determine whether a pattern of claim filings exists that warrants further investigation; (3) there is a legitimate need for insurers to pool claims information among themselves and to work with law enforcement agencies in order to assure the integrity of the claims decisionmaking process; (4) while the insurance industry has historically taken strong and effective measures to prevent the improper disclosure of personal claims information to law enforcement agencies, it is now preparing to eliminate those protections and provide individual claims information on innocent individuals, as well as their doctors and lawyers, to law enforcement agencies; (5) although insurance is generally regulated by the individual States pursuant to the Act of March 9, 1945 (referred to as the ``McCarran-Ferguson Act''), and despite the fact that the National Association of Insurance Commissioners has proposed model privacy legislation which has been adopted in certain States and addresses the provision of individual information to law enforcement agencies, the Association's model legislation has not been enacted in most of the States and has not prevented the insurance industry from proceeding with its current plans; (6) the unfettered disclosure of personal claims information by insurers to law enforcement agencies on innocent individuals violates fundamental principles of individual privacy and may result in intimidating individuals in exercising their rights to file claims; and (7) in the absence of effective State regulation, a uniform rule, established through congressional enactment, is the only method for assuring the protection of personal privacy rights. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to protect the personal privacy rights of insurance customers and claimants by making certain that property and casualty insurers do not improperly provide personal information about innocent insurance claimants to law enforcement agencies; (2) to establish clear rules for separating the operation of an insurance crime bureau from the operation of an insurance data support organization in order to prevent the inappropriate use of insurance claims information; and (3) to establish strong and effective remedies for violations of this Act. SEC. 4. DEFINITIONS. As used in this Act: (1) All claims database.--The term ``all claims database'' means any data collection system, electronic or manual, which obtains information about property and casualty insurance claims without regard to whether there is a reasonable belief that any specific claimant has engaged in any illegal or fraudulent act. (2) Crime bureau.--The term ``crime bureau'' means any nongovernmental organization which, in whole or in part, (A) investigates potentially illegal or fraudulent acts with regard to property and casualty insurance claims, or (B) shares information about such claims with any law enforcement agency, absent a subpoena or court order; except that the term does not include the activities of a property and casualty insurer. (3) Insurance claims data support organization.--The term ``insurance claims data support organization'' means any nongovernmental organization which regularly engages, in whole or in part, in the practice of assembling or collecting claims information about persons for the primary purpose of providing information to property and casualty insurers, self-insurers, or the administrators of an insurance program; except that the term does not include the activities of a property and casualty insurer. (4) Property and casualty insurance.--The term ``property and casualty insurance'' means every line of insurance, except life insurance and health insurance, and includes, but is not limited to, automobile insurance, homeowners insurance, and workers' compensation insurance. (5) Property and casualty insurer.--The term ``property and casualty insurer'' means any person engaged in the business of insurance who provides property and casualty insurance, either directly or through agents or brokers. SEC. 5. LIMITATIONS ON DISCLOSURE OF CLAIMS INFORMATION TO LAW ENFORCEMENT AGENCIES. (a) Disclosure by Property and Casualty Insurer and Crime Bureau.-- No property and casualty insurer or crime bureau may disclose to a law enforcement agency any information pertaining to a claim unless it is doing so-- (1) to protect the interests of the insurer or crime bureau in preventing or prosecuting the perpetuation of fraud upon it; or (2) if the insurer or crime bureau reasonably believes that illegal activities have been conducted by the individual. (b) Disclosure by Data Support Organization.--No insurance data support organization may disclose to a law enforcement agency any information pertaining to a claim unless it is doing so-- (1) to protect the interests of the organization in preventing or prosecuting the perpetuation of fraud upon it; or (2) to respond to a subpoena or court order. SEC. 6. SEPARATION OF THE FUNCTIONS OF A CRIME BUREAU FROM THE FUNCTIONS OF AN INSURANCE DATA SUPPORT ORGANIZATION. (a) In General.--An insurance data support organization may establish and operate an all claims data base and may establish a system for providing claims information to a crime bureau for the purpose of detecting fraudulent or other illegal activities pertaining to specific claims or to specific categories of claims where fraudulent or other illegal activities are reasonably believed to have occurred; but an insurance data support organization may not engage in the activities of a crime bureau. (b) Crime Bureau.--A crime bureau may engage in activities designed to prevent, suppress, and prosecute fraud, including, when otherwise authorized by law, the conduct of appropriate investigations of claimants and collaborative activities with law enforcement agencies; but a crime bureau may not operate an all claims data base or collect claims information, either directly or indirectly, that may result in the establishment or operation of such a data base. SEC. 7. COORDINATION WITH STATE LAW. (a) In General.--Nothing in this Act shall be read as prohibiting any State from enacting legislation establishing more stringent protections than are provided in this Act for the privacy of information contained in property and casualty insurance claims. (b) State Certification.--Without regard to the provisions of section 8, any State may certify to the Attorney General of the United States that it has established, through law or regulation, the same protections and enforcement procedures that are incorporated in this Act. Upon approval of that certification by the Attorney General, and publication of that certification in the Federal Register, enforcement of this Act shall be solely pursuant to that certification. The Attorney General may revoke a certification for any material breach of its provisions. SEC. 8. ENFORCEMENT. (a) Injunction.--Any violation of this Act may be enjoined in any Federal district court without regard to any jurisdictional amount otherwise required. Such an injunctive action may be brought by the Attorney General or by any private party. (b) Civil Penalty.--Any violation of this Act may also be subject to a civil penalty of not more than $10,000.

Insurance Claims Privacy Protection Act - Specifies the circumstances in which disclosure of insurance claims information is allowed to law enforcement agencies by insurers and by nongovernmental crime bureaus (CBs) and insurance data support organizations (IDSOs). Regulates the activities in which CBs and IDSOs may engage. Provides for enforcement.

Insurance Claims Privacy Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Energy Security Act''. SEC. 2. STRATEGIC PETROLEUM RESERVE. (a) Petroleum Acquisition for the Strategic Petroleum Reserve.-- Section 301(e)(1) of the Energy Policy Act of 2005 (42 U.S.C. 6240 note) is amended to read as follows: ``(1) In general.--The Secretary shall, as expeditiously as practical, without incurring excessive cost or appreciably affecting the price of petroleum products to consumers, acquire petroleum in quantities sufficient to fill the available capacity of the Strategic Petroleum Reserve, subject to the following limitations: ``(A) Suspension of royalty-in-kind transfers to the strategic petroleum reserve.--No later than September 30, 2008, the Secretary shall sell 13,000,000 barrels of petroleum received under the royalty-in-kind program. Beginning October 1, 2008, the Secretary shall suspend acquisition of petroleum for the Strategic Petroleum Reserve under the Royalty-In-Kind program, subject to resumption as provided in subparagraph (B). ``(B) Resumption of petroleum acquisition for the strategic petroleum reserve.--The Secretary may resume acquisition of petroleum for the Strategic Petroleum Reserve 30 days after notification to Congress that-- ``(i)(I) the Secretary projects that the United States will fall short of its commitments under the International Energy Program within a period of 24 months from the date of the projection; or ``(II) the weighted average price of petroleum for the most recent 90 day period is at least 25 percent less than the 24-month historical average price; and ``(ii) that resumption of Strategic Petroleum Reserve fill will not have an appreciable effect on the price of petroleum products to consumers within the following 12- month period after the resumption of acquisition. ``(C) Future suspension of strategic petroleum reserve petroleum acquisition.--During any period in which the Secretary is acquiring petroleum for the Strategic Petroleum Reserve, the Secretary shall suspend acquisition activities if-- ``(i) the monthly weighted average price of petroleum increases by more than 20 percent over any period of 6 months or less; or ``(ii) the Secretary determines that continued Strategic Petroleum Reserve fill may have an appreciable impact on prices of petroleum products in future months.''. (b) Revised Procedures.--No later than 60 days after the date of the enactment of this section, the Secretary shall publish revised procedures under section 301(e)(2) of the Energy Policy Act of 2005 consistent with the provisions contained in the amendment made by subsection (a). SEC. 3. ENERGY INDEPENDENCE AND SECURITY FUND. (a) Establishment.--There is hereby established in the Treasury of the United States the ``Energy Independence and Security Fund'' (hereinafter in this section referred to as ``the Fund''). (b) Administration.--The Secretary of Energy shall be responsible for administering the Fund for the purpose of carrying out this section. (c) Deposits.--All proceeds from sales of petroleum from the Strategic Petroleum Reserve, as authorized in section 301(e)(1) of the Energy Policy Act of 2005 (as amended by section 2 of this Act), after deduction of the direct administrative costs associated with such sales, shall be deposited in the Fund. (d) Distribution of Funds.--The Secretary shall make available for obligation, without further appropriation and without fiscal year limitation, the following amounts from the Fund: (1) Advanced research projects agency--energy.--For fiscal year 2008, the Secretary shall transfer $100,000,000 to the ``Energy Transformation Acceleration Fund'', as authorized in section 5012(m) of the America COMPETES Act (42 U.S.C. 16538(m)), to remain available until expended. Of the funds transferred, the Secretary shall further allocate the amounts made available for obligation as follows: (A) $50,000,000 shall be available for university- based research projects. (B) $10,000,000 shall be available for program direction expenses. (2) Rural wind energy.--For fiscal year 2008, the Secretary shall transfer $15,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program to support the development of infrastructure necessary for deployment of wind energy systems in rural areas, as authorized in section 931(f)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16231(f)(1)). (3) Solar energy research and development.--For fiscal year 2008, the Secretary shall transfer $30,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of solar energy technologies, as authorized by section 931(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(A)). (4) Low income weatherization.--For fiscal year 2008, the Secretary shall transfer $100,000,000 to the account ``Weatherization Assistance Program'', to remain available until expended, for necessary expenses for a program to weatherize low income housing, as authorized by section 411 of the Energy Independence and Security Act of 2007 (Public Law 110-140). (5) Marine and hydrokinetic renewable electric energy.--For fiscal year 2008, the Secretary shall transfer $30,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of ocean and wave energy, including hydrokinetic renewable energy, as authorized by section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the Energy Independence and Security Act of 2007 (Public Law 110- 140). (6) Industrial energy efficiency research and development.--For fiscal year 2008, the Secretary shall transfer $110,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes, as authorized in section 911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and in section 452 of the Energy Independence and Security Act of 2007 (Public Law 110-140). (7) Building energy efficiency research and development.-- For fiscal year 2008, the Secretary shall transfer $70,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency and reduce greenhouse gas emissions from buildings, as authorized in section 422 of the Energy Independence and Security Act of 2007 (Public Law 110-140). (8) Energy storage for transportation and electric power applications.--For fiscal year 2008, the Secretary shall transfer $30,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new materials for improving the energy efficiency of transportation, electric power and other technologies, as authorized by section 641 of the Energy Independence and Security Act of 2007 (Public Law 110-140). (9) Geothermal energy development.--(A) For fiscal year 2008, the Secretary shall transfer $30,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for a program for geothermal research and development activities to be managed by the National Renewable Energy Laboratory, as authorized by section 931(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(C)); and (B) For fiscal year 2008, the Secretary shall transfer $30,000,000 to the account ``Fossil Energy Research and Development'', to remain available until expended, for necessary expenses for a program of advanced geothermal drilling and resource characterization to be managed by the National Energy Technology Laboratory. (10) Carbon capture and storage.--For fiscal year 2008, the Secretary shall transfer $385,000,000 to the account ``Fossil Energy Research and Development'', to remain available until expended, for necessary expenses for a program of demonstration projects of carbon capture and storage, as authorized by sections 702 and 703 of the Energy Independence and Security Act of 2007 (Public Law 110-140). Notwithstanding any other provision of law, one of the demonstration projects shall be a component of the FutureGen project. (11) Nonconventional domestic natural gas and petroleum production and environmental research.-- (A) For fiscal year 2008, the Secretary shall transfer $50,000,000 to the ``Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund'', to remain available until expended, as authorized by section 999H(e) of the Energy Policy Act of 2005 (42 U.S.C. 16378(e)). (B) For fiscal year 2008, the Secretary shall transfer $15,000,000 to the account ``Fossil Energy Research and Development'', to remain available until expended, for necessary expenses for a program of environmental research in support of small producers of domestic petroleum and natural gas, for regulatory analysis and for support for the stripper well consortium. (12) Hydrogen research and development.--For fiscal year 2008, the Secretary shall transfer $5,000,000 to the account ``Energy Efficiency and Renewable Energy'', to remain available until expended, for necessary expenses for the Department's H- Prize Program, as authorized by section 654 of the Energy Independence and Security Act of 2007 (Public Law 110-140). (e) Amendments.--(1) Section 999F of the Energy Policy Act of 2005 (42 U.S.C. 16376) is amended by striking ``2014'' and inserting ``2017''. (2) Section 999B(e) of that Act (42 U.S.C.16372(e)) is amended by striking paragraph (3) and inserting the following: ``(3) Publication.--The Secretary shall publish in the Federal Register the annual plan, along with any written comments received under paragraph (2)(A) and (B).''. (3) Section 999H(b) of that Act (42 U.S.C.16378(b)) is amended by inserting ``, and shall be exempt from subchapter II of chapter 15 of title 31, United States Code'' after ``available until expended''. (f) Transfer Procedures.--The Secretary shall make an initial transfer from the Fund no later than 30 days after the initial deposit of monies into the Fund. The Secretary shall make additional transfers no later than 30 days after subsequent deposits, until the full amounts authorized for fiscal 2008 have been transferred. To the extent that any transfer in fiscal 2008 is less than the authorized total, the transfers shall be made on a pro rata basis. (g) Management and Oversight.-- (1) Additionality of fiscal year 2008 transfers.--All amounts transferred under subsection (d)(1) shall be in addition to, and shall not be substituted for, any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2008. (2) Program plans and performance measures.--The Secretary shall prepare and publish in the Federal Register a plan for the proposed use of all funds authorized in subsection (d). The plan also shall identify how the use of these funds will be additive to, and not displace annual appropriations. The plans also shall identify performance measures to assess the additional benefits that may be realized from the application of the additional funding provided under this section. The initial plan shall be published in the Federal Register within 90 days from enactment of this section, and shall be updated annually and submitted to Congress together with the President's budget. (3) Congressional oversight and review.--Nothing in this section shall limit or restrict the review and oversight of program plans by the appropriate committees of Congress. Nothing in this section shall limit or restrict the authority of Congress to set alternative spending limitations in annual appropriations Acts. (4) Apportionment.--All transactions of the Fund shall be exempt from apportionment under the provisions of subchapter II of chapter 15 of title 31, United States Code. (5) Use of other transactions authority.--(A) Any solicitation for research, development, or demonstration project proposals to be funded under this section shall provide for and encourage the use of Other Transactions Authority, including Technology Investment Agreements as authorized by section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256) and Part 603 of the Department of Energy Acquisition Regulation. (B) Any solicitation for a commercial demonstration project under this section shall require the use of Other Transactions Authority, including Technology Investment Agreements, as authorized by section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256) and Part 603 of the Department of Energy Acquisition Regulation.

Invest in Energy Security Act - Amends the Energy Policy Act of 2005 governing petroleum acquisition for the Strategic Petroleum Reserve (SPR) to direct the Secretary of Energy to: (1) sell specified quantities of petroleum received under the royalty-in-kind program; and (2) suspend petroleum acquisition for the SPR under such program. Authorizes the Secretary to resume such acquisition upon notifying Congress that specified circumstances exist, and to suspend acquisition again if certain other circumstances arise. Establishes the Energy Independence and Security Fund to receive all proceeds from sales of SPR petroleum. Allocates amounts from such Fund for: (1) the Energy Transformation Acceleration Fund for university-based research projects and program direction expenses; (2) Energy Efficiency and Renewable Energy account for rural wind energy systems; (3) solar energy technologies; (4) weatherization assistance for low-income housing; (5) ocean and wave energy, including hydrokinetic renewable energy; (6) technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes and from buildings; (7) improvements to the energy efficiency of transportation and electric power; (8) geothermal research and development managed by the National Renewable Energy Laboratory; (9) advanced geothermal drilling and resource characterization managed by National Energy Technology Laboratory; (10) carbon capture and storage; (11) Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund; (12) environmental research in support of small producers of domestic petroleum and natural gas, for regulatory analysis and for support for the stripper well consortium; and (13) the H-Prize Program of the Department of Energy.

To amend the Energy Policy Act of 2005 to require the Secretary of Energy to acquire petroleum in quantities sufficient to fill the available capacity of the Strategic Petroleum Reserve, subject to certain limitations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Nonproliferation Safeguards Reform Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) commercial and scientific uses of nuclear energy offer the potential both to serve and to destroy mankind; (2) the International Atomic Energy Agency has served the world community for almost 35 years in implementing safeguards against the military uses of civilian nuclear facilities; (3) the IAEA has served and continues to serve important United States interests in ensuring the peaceful uses of nuclear energy and in reducing the risk of nuclear weapons proliferation; (4) IAEA safeguards remain essential elements of United States domestic legislation and international treaty commitments which are intended to halt the global spread of nuclear weapons; (5) the ability of the IAEA to secure the peaceful uses of nuclear energy will depend upon its ability to adapt to changing political and technological conditions; (6) the ability of the IAEA to achieve its safeguards objectives is jeopardized by nations that pursue nuclear weapons options in violation of their nuclear nonproliferation treaty commitments; (7) the ability of the IAEA to achieve its safeguards objectives is further challenged by the persistent efforts by some nations to make large-scale commercial uses of weapons- grade nuclear material; (8) in recent years, the IAEA has taken on significant new safeguards responsibilities, including inspection activities in Iraq, North Korea, South Africa, Brazil, and Argentina and the implementation of safeguards on bulk-scale reprocessing facilities; (9) these safeguards responsibilities are growing while the IAEA's budget and manpower resources have remained virtually constant and even declined in some years; (10) Iraq's technological advancement toward developing a nuclear weapons capability underscores the need for reforms in the implementation of IAEA safeguards; and (11) the United States and other member states of the IAEA must give the IAEA adequate political, technical, and financial support if it is to implement these reforms successfully. SEC. 3. PROGRAMS TO REFORM INTERNATIONAL NONPROLIFERATION SAFEGUARDS. (a) Additional Assistance to IAEA.--Subject to the limitations and requirements provided in this Act, the Secretary of State, under the guidance of the President, shall, during fiscal year 1994 and fiscal year 1995, provide to the IAEA, in addition to the United States annual assessed contribution to the IAEA, assistance for the purposes set forth in subsection (b). (b) Purposes of Assistance.--The purposes for which assistance under subsection (a) shall be provided are limited to-- (1) the implementation by the IAEA of reforms to strengthen the effectiveness of IAEA safeguards; and (2) contributions to the Technical Assistance and Cooperation Fund of the IAEA. (c) Restrictions.--Assistance authorized by subsection (a) for the purpose set forth in subsection (b)(2) may be provided only if the President certifies to the Congress that the IAEA is taking steps to implement reforms to improve the effectiveness of IAEA safeguards, including, but not limited to, those described in subsection (d). (d) Reforms in IAEA Safeguards.--The President shall direct the United States representatives to the IAEA to work toward the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, including the following reforms: (1) Improving the access of the IAEA within any non- nuclear-weapon state to nuclear facilities, whether or not declared by that state, that are capable of producing, processing, or fabricating special fissionable material suitable for use in a nuclear explosive device. (2) Increasing the transparency of international nuclear commerce. (3) Examining the feasibility of increasing the scope of safeguards to include all activities and facilities which could significantly contribute to the acquisition or production of nuclear explosive devices. (4) Improving the access of the IAEA to information about the nuclear activities of member states of the IAEA. (5) Examining the practicality and advisability of the IAEA conducting less frequent inspections at nuclear facilities in member states which-- (A) provide advance consent for the IAEA to conduct unrestricted, short notice inspections of any facility, whether or not declared by the state; (B) accept IAEA safeguards for the construction of new facilities or the modification of existing facilities which fall under the scope of IAEA safeguards; and (C) accept any inspectors of the IAEA who are approved by the Board of Governors of the IAEA, agree not to limit the number of such inspectors, and waive visa requirements for such inspectors. SEC. 4. AUTHORIZATION OF FUNDING. In addition to amounts otherwise made available for the IAEA, there are authorized to be appropriated $10,000,000 for fiscal year 1994 and $10,000,000 for fiscal year 1995, to the Department of State to carry out section 3(a), of which not more than $5,000,000 in each such fiscal year may be made available for the purpose set forth in section 3(b)(2). SEC. 5. REPORTING REQUIREMENT. (a) Report to Congress.--The President shall, in the report required by section 601(a) of the Nuclear Non-Proliferation Act of 1978, describe-- (1) the steps he has taken and plans to take to implement each of the objectives set forth in section 3(d); (2) the progress that has been made and the obstacles that have been encountered in seeking to meet the objectives set forth in section 3(d); (3) any other steps he has taken or plans to take to strengthen the implementation of IAEA safeguards; (4) the steps the IAEA has taken to implement each of the objectives set forth in section 3(d); and (5) any other steps the IAEA has taken to strengthen the implementation of IAEA safeguards. (b) Report on Funding.--Within one year after the date of the enactment of this Act, the President shall submit to the Congress a report assessing what additional funds are required for the IAEA to implement the objectives set forth in section 3(d) and what funds the United States plans to contribute to the IAEA over the next 5 fiscal years. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``IAEA'' means the International Atomic Energy Agency; (2) the term ``non-nuclear-weapon state'' means any country which is not a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (3) the term ``nuclear-weapon state'' has the meaning given to such term by Article IX(3) of such Treaty; and (4) the term ``special fissionable material'' has the meaning given to such term by Article XX(1) of the Statute of the International Atomic Energy Agency, done at the Headquarters of the United Nations on October 26, 1956.

International Nonproliferation Safeguards Reform Act of 1993 - Directs the Secretary of State, during FY 1994 and 1995, to provide additional assistance to the International Atomic Energy Agency (IAEA) for: (1) the implementation by the IAEA of reforms to strengthen the effectiveness of IAEA safeguards; and (2) contributions to the IAEA Technical Assistance and Cooperation Fund. Conditions such assistance on the President's certification to the Congress that the IAEA is taking steps to implement such reforms. Requires the President to direct the U.S. representatives to the IAEA to work toward the early adoption of reforms, including: (1) improving access to nuclear facilities within non-nuclear weapon states; (2) increasing the transparency of internaional nuclear commerce; (3) improving access to information about nuclear activities of IAEA member states; and (4) examining the advisability of conducting less frequent inspections at nuclear facilities in member states which consent to short notice, unrestricted inspections and which accept construction or modification safeguards and agree not to place certain limitations on inspectors. Authorizes additional appropriations.

International Nonproliferation Safeguards Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Job Creation and Business Investment Act''. SEC. 2. REDUCTION IN EMPLOYER PORTION OF PAYROLL TAX FOR CERTAIN EMPLOYERS INCREASING PAYROLL. (a) In General.--In the case of any calendar quarter beginning in 2010 or 2011, the aggregate amount of employer payroll tax deposits of an employer shall be reduced by an amount equal to the applicable percentage of the payroll increase of such employer for such calendar quarter which is attributable to wages paid to a qualified individual. (b) Definitions and Special Rules.--For purposes of this section-- (1) Employer payroll tax deposits.--The term ``employer payroll tax deposits'' means deposits an employer is required to make under section 6302 of the Internal Revenue Code of 1986 of taxes imposed on such employer under section 3111 of such Code with respect to individuals in his employ. (2) Applicable percentage.--The applicable percentage shall be-- (A) in the case of any calendar quarter beginning in 2010, 15 percent, and (B) in the case of any calendar quarter beginning in 2011, 10 percent. (3) Payroll increase.-- (A) In general.--The term ``payroll increase'' means, with respect to an employer for a calendar quarter, the excess (if any) of-- (i) the aggregate amount of wages (as defined in section 3121(a) of such Code) paid by such employer to all employees for such calendar quarter, over (ii) aggregate amount of inflation adjusted wages paid by such employer to all employees for the same calendar quarter in the preceding calendar year. (B) Wages.--The term ``wages'' has the meaning given such term by section 3121(a) of such Code for purposes of section 3111(a). (C) Inflation adjusted wages.--The term ``inflation adjusted wages'' means an amount equal to-- (i) wages with respect to an employee, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year for which the reduction in deposits under this section is being determined occurs, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. (4) Qualified individual.--The term ``qualified individual'' means any individual-- (A) who begins employment with a qualified employer after February 3, 2010, and before January 1, 2012, (B) whose principal place of employment with such employer is certified by the employer as being within a county the unemployment rate of which is not less than 8.5 percent (as determined by reference to the most recent unemployment data announced by the Bureau of Labor Statistics of the Department of Labor for the month during which such individual begins employment), (C) who is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and (D) who is not an individual described in section 51(i)(1). (5) Excess reductions treated as refundable.-- (A) In general.--The amount of employer payroll tax deposits of an employer for any quarter shall not be reduced below zero under subsection (a). (B) Excess treated as payment of tax.-- (i) In general.--The amount by which the reduction for any calendar quarter under subsection (a) would (but for subparagraph (A)) have exceeded the aggregate employer payroll tax deposits of the employer for such quarter shall be treated as a payment of the tax imposed by subtitle A of such Code for the last taxable year ending before such calendar quarter ends. (ii) Timing.--Secretary shall, subject to the provisions of such Code, refund or credit any overpayment attributable to this section as rapidly as possible. (iii) No interest.--No interest shall be allowed on any overpayment attributable to this section. (6) Denial of double benefit.--The amount of any deduction allowable to the employer under chapter 1 of such Code for taxes paid under section 3111 of such Code with respect to employment during any calendar quarter shall be reduced by the amount by which the employer payroll tax deposits of such employer are reduced under subsection (a) for such quarter. (7) Wages must be for trade or business.--A rule similar to the rule of section 51(f) of such Code shall apply. (8) Adjustments for certain acquisitions, etc.--Under regulations prescribed by the Secretary-- (A) Acquisitions.--If, after December 31, 2009, an employer acquires the major portion of a trade or business of another person (hereafter in this paragraph referred to as the ``predecessor'') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar quarter ending after such acquisition, the amount of wages or compensation deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages or compensation paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. (B) Dispositions.--If, after December 31, 2009-- (i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which paragraph (1) applies, and (ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar quarter ending after such disposition, the amount of wages or compensation deemed paid by the employer during periods before such disposition shall be reduced by so much of such wages as is attributable to such trade or business or separate unit. (9) Employers not on quarterly system.--The Secretary of the Treasury shall prescribe rules for the application of this section in the case of an eligible employer whose required income tax deposits are not made on a quarterly basis. SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. BONUS DEPRECIATION MADE PERMANENT. (a) In General.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)-- (A) by adding ``and'' at the end of clause (ii), (B) by striking ``, and before January 1, 2010'' in clause (iii)(I), (C) by striking ``, and before January 1, 2010, and'' in clause (iii)(II) and inserting a period, and (D) by striking clause (iv), (2) in subparagraph (B), by striking clause (ii) and by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (3) in subparagraph (E)(i), by striking ``, and before January 1, 2010''. (b) Conforming Amendments.-- (1) Subclause (I) of section 168(k)(2)(B)(i) of such Code is amended by striking ``(iii), and (iv)'' and inserting ``and (iii)''. (2) Clause (i) of section 168(k)(2)(C) of such Code is amended by striking ``, (iii) and (iv)'' and inserting ``and (iii)''. (3) Subparagraph (B) of section 168(l)(5) of such Code is amended to read as follows: ``(B) by substituting `, and before January 1, 2013.' for the period at the end of clause (i) thereof, and''. (4) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``clause (i) thereof shall be applied without regard to `and before January 1, 2010,' and''. (5) Subparagraph (B) of section 1400N(d)(3) of such Code is amended to read as follows: ``(B) by substituting `, and before January 1, 2008.' for the period at the end of clause (i) thereof, and''. (6) The heading for subsection (k) of section 168 of such Code is amended by striking ``and before January 1, 2010''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009. SEC. 5. PERMANENT INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) In General.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 (relating to limitations) is amended-- (1) by striking ``$25,000'' and all that follows in paragraph (1) and inserting ``$250,000.'', (2) by striking ``$200,000'' and all that follows in paragraph (2) and inserting ``$800,000'', (3) by striking ``after 2007 and before 2011, the $120,000 and $500,000'' in paragraph (5)(A) and inserting ``after 2009, the $250,000 and the $800,000'', (4) by striking ``2006'' in paragraph (5)(A)(ii) and inserting ``2008'', and (5) by striking paragraph (7). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Targeted Job Creation and Business Investment Act - Allows a reduction in 2010 and 2011 of an employer's payroll taxes by a specified percentage of the amount by which such employer increases aggregate payroll over the preceding calendar year for employees in high unemployment areas hired after February 3, 2010, and before January 1, 2012. Amends the Internal Revenue Code to make permanent the tax credit for increasing research activities, bonus depreciation, and the increased (to $250,000) expensing allowance for depreciable business assets.

To amend the Internal Revenue Code of 1986 to reduce the employer portion of payroll taxes in the case of employers who expand payroll in 2010 and 2011 in areas with high unemployment and to make permanent the research and development credit, bonus depreciation, and increased expensing limitations.

SECTION 1. MODIFICATION OF DUTIES ON CERTAIN WRIST WATCHES. (a) In General.--Chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking subheadings 9102.11.10 and 9102.11.25 and inserting the following new subheadings and superior text thereto, with the superior text to subheading 9102.11.05 having the same degree of indentation as subheading 9102.11.50: `` ............... With gold- or ............ ................ ................ ................ silver-plated case: 9102.11.05 Each valued not 44 cents Free (AU, BH, $1.90 each + 45% ................ over $300. each + 4.9% CA, CL, D, E, on the case + IL, J, J+, JO, 110% on the KR, MA, MX, OM, strap, band or P, PE, R, SG) bracelet + 35% on the battery ............... ............ ................ ................ 9102.11.15 Other.............. 44 cents Free (AU, BH, $1.90 each + 45% ................ each + 6% CA, CL, D, E, on the case + on the case IL, J, J+, JO, 110% on the + 14% on KR, MA, MX, OM, strap, band or the strap, P, PE, R, SG) bracelet + 35% band or on the battery bracelet + 5.3% on the battery ............... Other: ............ ................ ................ ................ 9102.11.20 Each valued not 40 cents Free (AU, BH, $1.70 each + 45% ................ over $300 each + 5% CA, CL, D, E, on the case + IL, J, J+, JO, 110% on the KR, MA, MX, OM, strap, band or P, PE, R, SG) bracelet + 35% on the battery ............... ............ ................ ................ 9102.11.28 Other............. 40 cents Free (AU, BH, $1.70 each + 45% ''; and each + 8.5% CA, CL, D, E, on the case + on the case IL, J, J+, JO, 35% on the + 14% on KR, MA, MX, OM, strap, band or the strap, P, PE, R, SG) bracelet + 35% band or on the battery bracelet + 5.3% on the battery (2) by striking subheadings 9102.11.30 and 9102.11.45 and inserting the following new subheadings and superior text thereto, with the superior text to subheading 9102.11.32 having the same degree of indentation as subheading 9102.11.50: `` ............... With gold- or ............ ................ ................ silver-plated case: 9102.11.32 Each valued not 44 cents Free (AU, BH, $1.90 each + 45% ................ over $300. each + 1.9% CA, CL, D, E, on the case + IL, J, J+, JO, 35% on the KR, MA, MX, OM, strap, band or P, PE, R, SG) bracelet + 35% on the battery ............... ............ ................ ................ 9102.11.34 Other.............. 44 cents Free (AU, BH, $1.90 each + 45% ................ each + 6% CA, CL, D, E, on the case + on the case IL, J, J+, JO, 35% on the + 2.8% on KR, MA, MX, OM, strap, band or the strap, P, PE, R, SG) bracelet + 35% band or on the battery bracelet + 5.3% on the battery ............... Other: ............ ................ ................ 9102.11.42 Each valued not 40 cents Free (AU, BH, $1.70 each + 45% ................ over $300 each + 2.5% CA, CL, D, E, on the case + IL, J, J+, JO, 35% on the KR, MA, MX, OM, strap, band or P, PE, R, SG) bracelet + 35% on the battery ............... ............ ................ ................ 9102.11.44 Other............. 40 cents Free (AU, BH, $1.70 each + 45% ''. each + 8.5% CA, CL, D, E, on the case + on the case IL, J, J+, JO, 35% on the + 2.8% on MA, MX, OM, P, strap, band or the strap, PE, R, SG) 36 bracelet + 35% band or cents each + on the battery bracelet + 7.6% on the 5.3% on the case + 2.5% on battery the strap, band or bracelet + 4.7% on the battery (KR) (b) Staged Rate Reductions.--Any staged reduction of a rate of duty proclaimed by the President before the date of enactment of this Act that-- (1) would take effect on or after such date of enactment; and (2) would, but for the amendments made by subsection (a), apply to subheading 9102.11.45 of the Harmonized Tariff Schedule of the United States, applies to the corresponding rate of duty set forth in subheading 9102.11.44 of such Schedule (as added by subsection (a)).

Amends the Harmonized Tariff Schedule of the United States to modify the duty treatment of certain wrist watches. Applies to such watches the same staged rate reductions accorded certain other watches.

To amend the Harmonized Tariff Schedule to modify the tariffs on certain wrist watches, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Startup Opportunity Accelerator Act of 2014'' or the ``SOAR Act''. SEC. 2. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 (15 U.S.C. 631 note) as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES. ``(a) Definitions.--In this section-- ``(1) the term `eligible entity' means an organization-- ``(A) that is located in the United States; and ``(B) the primary purpose of which is to support new small business concerns; ``(2) the term `new small business concern' means a small business concern that has been in operation for not more than 5 years; and ``(3) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. ``(b) Funding.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Administrator shall develop and begin implementing a program to award cash prizes of not more than $50,000 to eligible entities to support new small business concerns. ``(2) Use of funds.--A prize under this section-- ``(A) may be used for construction costs, space acquisition, and programmatic purposes; and ``(B) may not be used to provide capital or professional services to new small business concerns directly or through the subaward of funds. ``(c) Requirement for Applicants.--An eligible entity desiring a prize under this section shall demonstrate that the eligible entity will use the prize to provide assistance to not less than 10 new small business concerns per year. ``(d) Criteria.--The Administrator shall establish criteria for prizes under this section that shall give priority to eligible entities that are providing or plan to provide to new small business concerns-- ``(1) office, manufacturing, or warehouse space, including appropriate operations infrastructure; ``(2) access to capital (either directly from the eligible entity (using amounts other than the amounts provided under the prize) or through guidance and contacts for acquiring capital from outside investors); ``(3) access to professional services (either directly from the eligible entity (using amounts other than the amounts provided under the prize) or through guidance and contacts for acquiring professional services), including accounting and legal services; or ``(4) a formal structured mentorship or developmental program that assists new small business concerns with building business skills and competencies. ``(e) Considerations in Choosing Recipients.--In determining whether to award a prize under this section to an eligible entity, the Administrator shall take into account-- ``(1) for eligible entities that have in operation a program to support new small business concerns, the record of the eligible entity in assisting new small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a prize under this section-- ``(A) the retention rate of new small business concerns in the program of the eligible entity; ``(B) the average period of participation by new small business concerns in the program of the eligible entity; ``(C) the total, average, and median capital raised by new small business concerns participating in the program of the eligible entity; and ``(D) the total, average, and median number of employees of new small business concerns participating in the program of the eligible entity; ``(2) for all eligible entities-- ``(A) the number of new small business concerns assisted or anticipated to be assisted by the eligible entity; ``(B) the number of new small business concerns applying or anticipated to apply for assistance from the eligible entity; ``(C) whether the program of the eligible entity provides or would provide assistance to individuals in gender, racial, or ethnic groups underrepresented by existing programs to assist new small business concerns; and ``(D) other metrics determined appropriate by the Administrator; ``(3) the need in the geographic area to be served by the program to be carried out using the prize for additional assistance for new small business concerns, if the area has sufficient population density, as determined by the Administrator; ``(4) the level of experience of the entrepreneurial leadership of the eligible entity; and ``(5) the ability of the eligible entity to use and leverage local strengths, including human resources, infrastructure, and educational institutions. ``(f) Matching Nonpublic Funding Requirement.-- ``(1) In general.--An eligible entity receiving a prize under this section shall obtain funds from a private individual or entity (including a for profit or nonprofit entity) that are-- ``(A) for the same purposes as a prize may be made under this section; ``(B) used to carry out the program of the eligible entity carried out using the prize under this section; and ``(C) in an amount that is not to be less than 50 percent of the amount of the prize under this section. ``(2) Form of non-federal share.--Not more than 25 percent of the funds obtained under paragraph (1) may be in the form of in-kind contributions. ``(g) Consequences of Failure To Abide by Terms and Conditions of Prize or Requirements of This Section.--The Administrator shall notify each eligible entity receiving a prize under this section that failure to abide by the terms and conditions of the prize or the requirements of this section may, in the discretion of the Administrator and in addition to any other civil or criminal consequences, result in the Administrator ordering the eligible entity to return the prize funds. ``(h) Annual Progress Reporting by Recipients of Prize.--Each eligible entity receiving a prize under this section shall submit to the Administrator an annual report on the progress of the program carried out using the amounts received under the prize, including-- ``(1) the number of new small business concerns participating in the program during each of the previous 3 years; ``(2) the number of new small business concerns applying to participate in the program during each of the previous 3 years; ``(3) the retention rate of new small business concerns in the program; ``(4) the average period of participation in the program by new small business concerns; ``(5) the total, average, and median capital raised by new small business concerns participating in the program; ``(6) the total, average, and median number of employees of new small business concerns participating in the program; and ``(7) other metrics determined appropriate by the Administrator. ``(i) Report to Congress.--The Administrator shall submit to Congress an annual report on the program under this section, which shall include an assessment of the effectiveness of the program, including an assessment based on the metrics listed in subsection (h). ``(j) Coordination With Other Small Business Administration Programs.--The Administrator shall take appropriate action to encourage eligible entities receiving a prize under this section to use and incorporate other programs of the Administration, such as small business development centers, small business investment companies, loans under section 7(a), and assistance under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.). ``(k) Listing on Website.--The Administrator shall include a list of eligible entities receiving a prize under this section on the website of the Administration. ``(l) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of the enactment of this section.''.

Startup Opportunity Accelerator Act of 2014 or the SOAR Act - Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to develop a program to award cash prizes of up to $50,000 to organizations in the United States whose primary purpose is to support new small businesses that have been in operation for five years or less. Authorizes the use of a prize for construction costs, space acquisition, and programmatic purposes. Prohibits its use for capital or professional services to new small businesses. Requires a prize recipient to provide assistance to at least 10 new small businesses per year.

SOAR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Safety Enforcement Enhancement Act of 1997''. SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) In General.--The Federal, Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by adding after section 413 the following new sections: ``SEC. 414. NOTIFICATION AND RECALL. ``(a) Notice to Secretary of Adulteration or Misbranding.--Any person (other than a household consumer or other individual who is the intended consumer of an article of food) that has a reasonable basis for believing that any article of food introduced into or in interstate commerce, or held for sale (whether or not the first sale) after shipment in interstate commerce, may be adulterated or misbranded shall immediately notify the Secretary, in such manner and by such means as the Secretary may by regulation prescribe, of the identity and location of such article. ``(b) Recall and Consumer Notification.-- ``(1) Voluntary procedures.--If the Secretary finds, upon such notification or otherwise, that any article of food is adulterated or misbranded when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce and there is a reasonable probability that such article, if consumed, would present a threat to public health, as determined by the Secretary, the Secretary shall provide the appropriate persons (including the manufacturers, importers, distributors, or retailers) with an opportunity to-- ``(A) cease distribution of such article, ``(B) notify all persons-- ``(i) producing, manufacturing, packing, processing, preparing, treating, packaging, distributing, or holding such article, or ``(ii) to which such article has been distributed, transported, or sold, to immediately cease distribution of such article, ``(C) recall such article, ``(D) provide, in consultation with the Secretary, notice to consumers to whom such article was, or may have been, distributed, or ``(E) take any combination of the above measures, as appropriate in the circumstances. ``(2) Pre-hearing order to cease distribution and give notice.--If such person refuses to or does not voluntarily cease distribution, make notification, recall such article, or provide notice to consumers, as applicable, within the time and in the manner prescribed by the Secretary, the Secretary shall, by order, require, as the Secretary deems necessary, such person to-- ``(A) immediately cease distribution of such article, ``(B) immediately notify all persons-- ``(i) producing, manufacturing, packing, processing, preparing, treating, packaging, distributing, or holding such article, or ``(ii) to which such article has been distributed, transported, or sold, to immediately cease distribution of such article, or ``(C) immediately take the actions specified in both subparagraphs (A) and (B). ``(3) Notification of consumers by secretary.--The Secretary shall, as the Secretary deems necessary, provide notice to consumers to whom such article was, or may have been, distributed. ``(c) Hearing on Order.--The Secretary shall provide any person subject to an order under subsection (b) with an opportunity for a hearing, to be held as soon as possible but not later than 2 days after the issuance of the order, on the actions required by the order and on why the article that is the subject of the order should not be recalled. ``(d) Post-Hearing Recall Order.-- ``(1) Amendment of order.--If, after providing opportunity for a hearing under subsection (c), the Secretary determines that there is a reasonable probability that the article that is the subject of an order under subsection (b), if consumed, presents a threat to public health, the Secretary, as the Secretary deems necessary, may-- ``(A) amend the order to require recall of such article or other appropriate action, ``(B) specify a timetable in which the recall shall occur, ``(C) require periodic reports to the Secretary describing the progress of the recall, and ``(D) provide notice to consumers to whom such article was, or may have been, distributed. ``(2) Vacation of order.--If, after such a hearing, the Secretary determines that adequate grounds do not exist to continue the actions required by the order, the Secretary shall vacate the order. ``(e) Remedies Not Exclusive.--The remedies provided in this section shall be in addition to and not exclusive of other remedies that may be available. ``SEC. 418. CIVIL PENALTIES. ``(a) In General.-- ``(1) Acts subject to penalty; penalty amount.--Any person that commits an act prohibited by section 301 with respect to food may be assessed a civil penalty by the Secretary of not more than $100,000 for each such act. Each such act and each day during which such act continues shall be a separate offense. ``(2) Notice and hearing.--No penalty shall be assessed by the Secretary under this section unless such person is given notice and opportunity for a hearing on the record before the Secretary in accordance with sections 554 and 556 of title 5, United States Code. ``(3) Other requirements.--The amount of such civil penalty shall be assessed by the Secretary by written order, taking into account the gravity of the violation, degree of culpability, size and type of business, and any history of prior offenses; and may be reviewed only as provided in subsection (b). ``(b) Judicial Review.--An order assessing a civil penalty under subsection (a) shall be final and conclusive unless the person files, within 30 days from the effective date of the order, an application for judicial review in the Court of Appeals of the United States for the circuit in which such person resides or has its principal place of business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such penalty was assessed. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence on the record as a whole. ``(c) Collection Actions.--If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall institute a civil action to recover the amount assessed in an appropriate district court of the United States. In such collection action, the validity and appropriateness of the Secretary's order imposing the civil penalty shall not be subject to review. ``(d) Penalties Paid Into Treasury.--All penalties collected under authority of this section shall be paid into the Treasury of the United States. ``(e) Secretary's Discretion To Prosecute.--Nothing in this Act shall be construed as requiring the Secretary to report for prosecution, or for the institution of libel or injunction proceedings, violations of this Act whenever the Secretary believes that the public interest will be adequately served by assessment of civil penalties. ``(f) Remedies Not Exclusive.--The remedies provided in this section shall be in addition to and not exclusive of other remedies that may be available.''. (b) Conforming Amendment; Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following new subsection: ``(x) The failure or refusal to comply with an order issued under section 414(b)(2) or 414(d).''. SEC. 3. WHISTLEBLOWER PROTECTION. (a) In General.--No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way because that person-- (1) has commenced, caused to be commenced, or is about to commence a proceeding, testified or is about to testify at a proceeding, or assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes, functions, or responsibilities of the Federal Food, Drug, and Cosmetic Act, or of the Department of Agriculture; or (2) is refusing to violate or assist in violation of law, rule, or regulation. (b) Procedures and Penalties.--The process and procedures with respect to prohibited discrimination under subsection (a) shall be governed by the applicable provisions of section 31105 of title 49, United States Code, unless the party bringing an action under this subsection chooses alternative dispute resolution procedures such as mediation or arbitration. (c) Burdens of Proof.--The legal burdens of proof with respect to prohibited discrimination under subsection (a) shall be governed by the applicable provisions of sections 1214 and 1221 of title 5, United States Code.

Food Safety Enforcement Enhancement Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act to require a person, other than a household consumer, who has reason to believe that any food item introduced into commerce or held for sale is adulterated or misbranded to so notify the Secretary of Agriculture. Requires the Secretary to then: (1) cease distribution of such item; (2) provide appropriate producer and consumer notification; (3) recall such item; or (4) take any combination of such actions. Empowers the Secretary to impose a pre-hearing order to cease distribution of such item. Outlines hearing procedures for the recall of such item. Provides with respect to this Act: (1) civil penalties for violations; and (2) whistleblower protections for employees exercising rights provided.

Food Safety Enforcement Enhancement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``NO Tobacco for Kids Act''. SEC. 2. CHILD TOBACCO USE SURVEYS. (a) Annual Performance Survey.--Not later than 1 year after the date of the enactment of this Act and annually thereafter the Secretary shall conduct a survey to determine the number of children who used each manufacturer's tobacco products within the past 30 days. (b) Baseline Level.--The baseline level of child tobacco product use of a manufacturer is the number of children determined to have used the tobacco products of such manufacturer in the first annual performance survey. SEC. 3. GRADUATED PERFORMANCE STANDARDS. (a) Performance Standards for Existing Manufacturers.--Each manufacturer which manufactured a tobacco product on or before the date of the enactment of this Act shall reduce the number of children who use its tobacco products so that the number of children determined to have used its tobacco products on the basis of-- (1) the second annual performance survey is equal to or less than-- (A) 80 percent of the manufacturer's baseline level; or (B) the de minimis level; whichever is greater; (2) the third annual performance survey is equal to or less than-- (A) 60 percent of the manufacturer's baseline level; or (B) the de minimis level; whichever is greater; (3) the fourth annual performance survey is equal to or less than-- (A) 40 percent of the manufacturer's baseline level; or (B) the de minimis level; whichever is greater; (4) the fifth annual performance survey is equal to or less than-- (A) 20 percent of the manufacturer's baseline level; or (B) the de minimis level; whichever is greater; and (5) the sixth annual performance survey and each annual performance survey conducted thereafter is equal to or less than-- (A) 10 percent of the manufacturer's baseline level; or (B) the de minimis level; whichever is greater. (b) Performance Standards for New Manufacturers.--Any manufacturer of a tobacco product which begins to manufacture a tobacco product after the date of the enactment of this Act shall ensure that the number of children determined to have used the manufacturer's tobacco products in each annual performance survey conducted after the manufacturer begins to manufacture tobacco products is equal to or less than the de minimis level. (c) De Minimis Level.--The de minimis level shall be 0.5 percent of the total number of children determined to have used tobacco products in the first annual performance survey. SEC. 4. NONCOMPLIANCE. (a) First Violation.--If a manufacturer of a tobacco product violates a performance standard, the manufacturer shall pay a noncompliance fee of $1 for each unit of its tobacco product which is distributed for consumer use in the year following the year in which the performance standard is violated. (b) Fee Increase for Subsequent Violations.--If a manufacturer violates the performance standards in 2 or more consecutive years, the noncompliance fee for such manufacturer shall be increased by $1 for each consecutive violation for each unit of its tobacco product which is distributed for consumer use. (c) Reduction in Noncompliance Fee.--If a manufacturer achieves more than 90 percent of the reduction in the number of children who use its tobacco products that is required under the applicable performance standard, the noncompliance fee required to be paid by the manufacturer shall be reduced on a pro rata basis such that there shall be a noncompliance fee reduction of 10 percent for each percentage point over 90 percent achieved by the manufacturer. (d) Payment.--The noncompliance fee to be paid by a manufacturer shall be paid on a quarterly basis, with the payments due within 30 days after the end of each calendar quarter. SEC. 5. USE OF NONCOMPLIANCE FEE. (a) Funds for Enforcement and Education.--The first $1,000,000,000 of noncompliance fees collected in any fiscal year shall go into a Tobacco Enforcement and Education Fund in the United States Treasury. Fees in such fund shall be available to the Secretary, without fiscal year limitation, to enforce this Act and other Federal laws relating to tobacco use by children and for public education to discourage children from using tobacco products. (b) Funds for the Treasury.--Any amount of noncompliance fees collected in any fiscal year which exceeds $1,000,000,000 shall be paid into the United States Treasury. SEC. 6. JUDICIAL REVIEW. A manufacturer of tobacco products may seek judicial review of any action under this Act only after a noncompliance fee has been assessed and paid by the manufacturer and only in the United States District Court for the District of Columbia. In an action by a manufacturer seeking judicial review of an annual performance survey, the manufacturer may prevail-- (1) only if the manufacturer shows that the results of the performance survey were arbitrary and capricious; and (2) only to the extent that the manufacturer shows that it would have been required to pay a lesser noncompliance fee if the results of the performance survey were not arbitrary and capricious. SEC. 7. ENFORCEMENT. Section 301 of the Federal Food, Drug, and Cosmetic Act (28 U.S.C. 331) is amended by adding at the end the following: ``(x) The failure to pay any noncompliance fee required under the NO Tobacco for Kids Act.''. SEC. 8. PREEMPTION. Nothing in this Act shall preempt or otherwise affect any other Federal, State, or local law or regulation which reduces the use of tobacco products by children. SEC. 9. DEFINITIONS. In this Act: (1) Children.--The term ``children'' means individuals under the age of 18. (2) Cigarette.--The term ``cigarette'' has the same meaning given such term by section 3(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332(1)). (3) Cigarette tobacco.--The term ``cigarette tobacco'' means any product that consists of loose tobacco that contains or delivers nicotine and is intended for use by consumers in a cigarette. (4) Manufacture.--The term ``manufacture'' means the manufacturing, including repacking or relabeling, fabrication, assembly, processing, labeling, or importing of a tobacco product. (4) Manufacturer.--The term ``manufacturer'' means any person who manufactures a tobacco product. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Smokeless tobacco.--The term ``smokeless tobacco'' has the same meaning given such term by section 9(1) of the Comprehensive Smokeless Tobacco Education Act of 1986 (15 U.S.C. 4408(1)). (7) Tobacco product.--The term ``tobacco product'' means a cigarette, cigarette tobacco, or smokeless tobacco. (8) Unit.--The term ``unit'' when used in connection with a tobacco product means 20 cigarettes in the case of cigarettes and the smallest amount of tobacco distributed by a manufacturer for consumer use in the case of any other tobacco product.

NO Tobacco for Kids Act - Directs the Secretary of Health and Human Services to conduct annual surveys to determine the number of children who used each manufacturer's tobacco products. Requires each such manufacturer to make specified annual reductions in child tobacco use and provides penalties based upon total consumer use for failure to meet such requirements (with reductions for near compliance). Sets forth performance standards for new manufacturers. Directs that specified amounts of fiscal year penalties shall go to a Tobacco Enforcement and Education Fund in the Treasury, with any excess to go to the Treasury. Sets forth judicial review provisions.

NO Tobacco for Kids Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Park Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the United States steel industry; (2) a large proportion of the buildings and other structures in the Commonwealth are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge; and (3) despite substantial efforts by the Commonwealth, as well as individuals and public and private entities in the Commonwealth, to preserve and interpret these significant historical and cultural buildings and structures, such buildings and structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to provide for the preservation, development, interpretation, and use of the nationally significant historical and cultural buildings, structures, and sites described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Pennsylvania. (2) Park.--The term ``park'' means the Steel Industry National Historic Park established by section 4. (3) Plan.--The term ``plan'' means the management plan for the park required under section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. STEEL INDUSTRY NATIONAL HISTORIC PARK. (a) Establishment.--There is established as a unit of the National Park System the Steel Industry National Historic Park in the Commonwealth. (b) Components.--The park shall consist of land and interests in land comprising the former United States Steel Homestead Works, including-- (1) the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus-Marcegaglia Steel Mill; (2) the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the proposed southwesterly right-of-way line needed to accommodate the Mon/ Fayette Expressway and the relocated CSX railroad right-of-way, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house; (3) the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall; and (4) all other property included in the park-- (A) by Federal law; or (B) acquired by the Secretary for inclusion in the park under section 5 or other Federal law. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire-- (1) land and interests in land described in paragraphs (1), (2), or (3) of section 4(b); and (2) not more than 10 acres of land adjacent to, or in the general vicinity of, the property described in paragraphs (1), (2), or (3) of section 4(b), for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the park. (c) Means.--An acquisition of real property or personal property shall be made by donation. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer the park in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) In general.--The Secretary may enter into cooperative agreements with interested public and private entities and individuals to carry out this Act. (2) Reimbursement.--A payment made by the Secretary under the terms of a cooperative agreement entered into under this subsection shall be subject to an agreement that if at any time the project assisted is converted, used, or disposed of in a manner that is contrary to the purposes of this Act, as determined by the Secretary, the interested entity or individual shall reimburse the Secretary for the greater of-- (A) the amount of assistance provided for the project; or (B) the portion of the increased value of the project that is attributable to that assistance, determined as of the date of the conversion, use, or disposal. (c) Technical Assistance.--The Secretary may provide to any person technical assistance for-- (1) preserving historic structures of the park; (2) maintaining the cultural landscape of the park; and (3) local preservation planning for the park. SEC. 7. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall-- (1) prepare a plan for the park; and (2) submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (b) Consultation With Local Officials.--In preparing the plan under subsection (a)(1), the Secretary shall consult with-- (1) a representative of each political subdivision of the Commonwealth that has jurisdiction over all or a portion of the park; and (2) a representative of the Steel Industry Heritage Corporation.

Steel Industry National Historic Park Act - Establishes the Steel Industry National Historic Park in Pennsylvania as a National Park System unit.

A bill to establish the Steel Industry National Historic Park in the Commonwealth of Pennsylvania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson River Artists National Historical Park Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) Hudson river artists.--The term ``Hudson River artists'' means artists who belonged to the Hudson River School of Landscape Painting described in section 3(a)(1). (2) Hudson river valley region.--The term ``Hudson River Valley region'' means the counties of Albany, Columbia, Dutchess, Greene, Orange, Saratoga, Putnam, Rockland, Ulster, Rensselaer, Washington, Bronx, New York, and Westchester in the State of New York. (3) Park.--The term ``Park'' means the Hudson River Artists National Historical Park established pursuant to section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Site.--The term ``Site'' means the Thomas Cole National Historic Site established by section 4(a). SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Hudson River School of Landscape Painting was inspired by Thomas Cole and was characterized by a group of 19th century landscape artists who recorded and celebrated the landscape and wilderness of America, particularly the Hudson River Valley region in the State of New York; (2) Thomas Cole and his student Frederic Church have been recognized as America's most prominent landscape and allegorical painters in the mid-19th century; (3) the Thomas Cole House in Greene County, New York, and the Olana State Historic Site, in the home and studio of Frederic Church in Columbia County, New York, are listed on the National Register of Historic Places and are designated as National Historic Landmarks; (4) within a 15-mile area of the Thomas Cole House, an area that forms a key part of the rich cultural and natural heritage in the Hudson River Valley region, significant landscapes and scenes painted by the Hudson River artists survive intact; (5) collectively, these resources described in paragraphs (3) and (4) provide-- (A) opportunities for illustrating and interpreting cultural themes of the heritage of the United States; and (B) unique opportunities for education, public use, and enjoyment; and (6) New York State has established the Hudson River Valley Greenway to promote the preservation, public use, and enjoyment of the natural and cultural resources of the Hudson River Valley region. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret for the benefit, inspiration, and education of the people of the United States significant places illustrative and representative of the legacy of the Hudson River artists; (2) to help maintain the integrity of setting in the Hudson River Valley region that inspired artistic expression; (3) through cooperative management, to coordinate the interpretive, preservation, and recreational efforts of Federal, State, and other entities in the Hudson River Valley region in order to enhance opportunities for education, public use, and enjoyment; and (4) to broaden public understanding of the Hudson River Valley region and its role in American prehistory, history, and culture. SEC. 4. ESTABLISHMENT OF SITE AND PARK. (a) Thomas Cole National Historic Site.--There is established, as a unit of the National Park System, the Thomas Cole National Historic Site-- (1) consisting of the home and studio of Thomas Cole, which is comprised of the 3.4 acre site and improvements on the site that are located at 218 Spring Street, Village of Catskill, State of New York; and (2) as generally depicted on the map entitled ``Thomas Cole National Historic Site Boundary Map'', and dated ________________________. (b) Hudson River Artists National Historical Park.-- (1) Establishment.--At such time as the Secretary determines that sufficient lands, improvements, and interests in lands and improvements have been acquired, or at such time as the Secretary has entered into cooperative agreements satisfying the interpretive, preservation, and historical objectives of this Act, the Secretary may establish the Hudson River Artists National Historical Park in the State of New York by publication in the Federal Register of-- (A) notice of the establishment; and (B) a detailed description or map setting forth the lands and improvements included in the Park. (2) Included lands.--The Park shall consist of-- (A) the Site; and (B) the approximately 19,471 acres of lands and improvements on the lands that are-- (i) owned by the State of New York; (ii) managed as the Kaaterskill Wild Forest, North Mountain Wild Forest, Blackhead Range Wild Forest, North/South Lake Intensive Use Area, Rogers Island Wildlife Management Area, and Rogers Island Overlook Scenic Area; (iii) under the jurisdiction of the Department of Environmental Conservation of the State of New York; and (iv) generally depicted on a map entitled ``Land Inventory Map, Hudson River Artists National Historical Park'', and dated ________________________. (c) Maps.--The maps referred to in this section shall be on file and available for public inspection in appropriate offices of the National Park Service of the Department of the Interior. SEC. 5. ACQUISITION OF REAL AND PERSONAL PROPERTY AND SERVICES. (a) Real Property.-- (1) In general.--The Secretary may acquire-- (A) by donation only, the lands and improvements described in section 4(b)(2)(B); and (B) such lands and improvements in Catskill, New York, as are necessary for the management and operation of the Site. (2) State lands.--Lands and improvements owned by the State of New York may be acquired by the Secretary only by transfer at no cost to the Federal Government. (b) Personal Property.--For the purposes of the Park, the Secretary may acquire historic objects and artifacts and other personal property associated with and appropriate for the interpretation of the Park. (c) Other Property, Funds, and Services.--For the purpose of carrying out this Act, the Secretary may-- (1) enter into cooperative agreements with-- (A) the Office of Parks, Recreation and Historic Preservation of the State of New York; (B) the Department of Environmental Conservation of the State of New York; and (C) other appropriate State, county, and local entities and individuals, including-- (i) the Thomas Cole Foundation; (ii) the Greene County Historical Society; (iii) the Hudson River Valley Greenway Council; and (iv) other private museums and institutions; and (2) accept donated funds, property, and services. SEC. 6. ADMINISTRATION OF PARK. (a) In General.--The Secretary shall administer the Park in accordance with-- (1) this Act; and (2) all laws generally applicable to national historic sites, including the Acts entitled-- (A) ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (B) ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Preservation and Interpretation.-- (1) In general.--Subject to paragraph (2), in administering the Park, the Secretary shall-- (A) preserve and interpret the Site; (B) preserve and perpetuate knowledge and understanding, and provide for public understanding and enjoyment, of the lives and works of the Hudson River artists; and (C) provide assistance to public and private entities in the interpretation of the Hudson River artists, their houses and studios, and the vistas depicted by the artists throughout the Hudson River Valley region. (2) State properties.-- (A) In general.--The Secretary shall take no action with respect to the lands and structures owned by the State of New York within the boundaries of the Park except through cooperative agreements in accordance with subsection (c). (B) State forest preserve.--With regard to lands within the State Forest Preserve, the provisions of a cooperative agreement as described in subparagraph (A) shall be in strict conformance with the pertinent provisions of the Constitution of the State of New York. (c) Cooperative Agreements With New York and Other Entities.-- (1) In general.-- (A) In general.--To further the purposes of this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York and other public and private entities. (B) Purposes of agreements.--Each agreement shall-- (i) facilitate the development, presentation, and funding of art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, development, and use of the Park; and (ii) encourage an appreciation of the scenic and artistic tradition inspired by the Hudson River artists. (C) Technical assistance.--Through agreements, the Secretary may provide technical assistance to cooperating entities described in subparagraph (A) for the marking, interpretation, restoration, preservation, or interpretation of any property listed in section 4. (D) Interpretation agreements.--The Secretary may enter into additional cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the Hudson River Valley region, which provides the context for the work of the Hudson River artists. (2) Library agreement.--The Secretary may enter into a cooperative agreement with the Greene County Historical Society to provide for the establishment of a library and research center at the Site. (d) General Management Plan.-- (1) In general.--Not later than the end of the second fiscal year that begins after the establishment of the Park, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives a general management plan for the Site and the Park. (2) Consultation.--In preparing the plan, the Secretary, acting through the Director of the National Park Service, shall consult with advisors (including representatives of cooperating entities described in subsection (c)(1)(A), representatives of local and municipal interests, nationally recognized historians, scholars, and other experts) concerning the interpretation, preservation, and visitation of, and other issues pertaining to, the Park and other sites of related historical or scenic significance in the Hudson River Valley region. (3) Statutory authorities.--The plan shall be prepared in accordance with-- (A) this subsection; (B) section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a-7); and (C) other applicable law. (4) Contents.--The plan shall include-- (A) recommendations and cost estimates for the identification, marking, interpretation, and preservation of properties and landscapes associated with the Hudson River artists and located throughout the Hudson River Valley region (to be carried out through cooperative agreements and other means considered appropriate and practicable); (B) recommendations on ways to broaden public understanding of the Hudson River Valley region and its role in American prehistory, history, and culture; and (C) recommendations on ways to foster relevant public education, resource preservation, and appropriate levels of regional tourism. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Hudson River Artists National Historical Park Act of 1993 - Establishes, as a unit of the National Park System, the Thomas Cole National Historic Site, New York. Authorizes the Secretary of the Interior to establish the Hudson River Artists National Historical Park, subject to specified requirements. Specifies that: (1) the Secretary shall take no action with respect to the lands and structures owned by the State within Park boundaries except through cooperative agreements in accordance with this Act; and (2) with regard to lands within the State Forest Preserve, the provisions of such cooperative agreements shall be in strict conformance with the pertinent provisions of the New York State Constitution. Authorizes the Secretary to: (1) provide technical assistance to cooperating entities for the marking, interpretation, restoration, preservation, or interpretation of Site property; and (2) enter into cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the region, and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site. Directs the Secretary to submit to specified congressional committees a general management plan for the Site and Park. Authorizes appropriations.

Hudson River Artists National Historical Park Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Committee on Foreign Investment in the United States Reform Act''. SEC. 2. CLARIFICATION OF REVIEW AND INVESTIGATION PROCESS. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) National Security Review.-- ``(1) In general.--Upon receiving written notification, as prescribed by regulations under this section, of any proposed or pending merger, acquisition, or takeover by or with any foreign person which could result in foreign control of any person engaged in interstate commerce in the United States, the President or the President's designee shall review the proposed or pending merger, acquisition, or takeover to determine whether the proposed or pending merger, acquisition, or takeover may possibly have an effect on the national security of the United States. ``(2) Procedure.--The President or the President's designee shall establish, by regulation, procedures that-- ``(A) require each of the factors listed in subsection (f) to be considered in the course of a review under paragraph (1); and ``(B) require a specific response to be prepared with respect to the applicability of each such factor to the proposed or pending merger, acquisition, or takeover under review. ``(3) Involvement of foreign government.--If the review under paragraph (1) determines that the merger, acquisition, or takeover could result in the control, directly or indirectly, of any person engaged in interstate commerce in the United States by a foreign government or an entity controlled by or acting on behalf of a foreign government, the merger, acquisition, or takeover shall be treated as possibly having an effect on the national security of the United States for purposes of requiring an investigation under subsection (b). ``(4) Approval of secretary.--In the case of any review of a merger, acquisition, or takeover under paragraph (1) that involves or has resulted in any agreement that establishes any conditions on the transaction, or any requirements for any person involved in the transaction, in order to mitigate against any possible effect of the transaction on the national security of the United States, any determination resulting from the review shall not be treated as final until the determination is approved by the President, the Secretary of the Treasury, or the Deputy Secretary of the Treasury. ``(5) Timing.--Any review required under paragraph (1) shall be completed before the end of the 30-day period beginning on the date of the receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover. ``(b) National Security Investigation.-- ``(1) In general.--If any review of any proposed or pending merger, acquisition, or takeover under subsection (a) results in a determination that the merger, acquisition, or takeover may possibly have an effect on the national security of the United States, the President or the President's designee shall conduct an investigation of-- ``(A) the possible effects of the merger, acquisition, or takeover on the national security of the United States; and ``(B) possible actions to protect the national security of the United States in connection with the merger, acquisition, or takeover. ``(2) Procedure.--The President or the President's designee shall establish, by regulation, procedures that-- ``(A) require any investigation under paragraph (1) to analyze the proposed or pending merger, acquisition, or takeover on the basis of each of the factors listed in subsection (f); ``(B) require a specific response to be prepared with respect to the applicability of each such factor to the proposed or pending merger, acquisition, or takeover under review, the concerns that any such applicability raises with regard to the transaction, and any possible actions to address such concerns; ``(C) subject to paragraph (3), establish appropriate time frames for an investigation that ensures sufficient time to address relevant issues concerning any proposed or pending merger, acquisition, or takeover; ``(D) take into account the impact of investigations on the open investment policy of the United States; and ``(E) in any case in which the investigation under paragraph (1) is conducted by a designee of the President, provide guidance to the designee for determining the manner and under what circumstances the designee shall report the results of the investigation and the recommendations of the designee to the President for the President's consideration. ``(3) Timing.--Any investigation required under paragraph (1) shall be completed before the end of the 45-day period beginning on the date of the determination under subsection (a) that the merger, acquisition, or takeover may possibly have an effect on the national security of the United States.''. SEC. 3. AUTHORITY TO TAKE CERTAIN ACTIONS AFTER WITHDRAWAL OF NOTICE. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) by redesignating subsection (k) as subsection (o); and (2) by inserting after subsection (j) the following new subsection: ``(k) Authority in Case of Withdrawal of Notice.--In the case of any withdrawal of written notice submitted by a person or entity under subsection (a)(1) of any proposed or pending merger, acquisition, or takeover before any review or investigation under subsection (a) or (b), as the case may be, is completed, the President or the President's designee shall establish-- ``(1) interim protections to address specific concerns with such merger, acquisition, or takeover that have been raised in connection with any such review or investigation pending any resubmission of such written notice by such person or entity and further action by the President under this section; ``(2) specific timeframes for resubmitting any such written notice; and ``(3) a process for tracking any actions that may be taken by such person or entity in connection with such merger, acquisition, or takeover prior to resubmitting any such written notice.''. SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE CONSIDERED. Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(f)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``may'' and inserting ``shall''; and (B) by striking ``among other factors''; (2) by striking ``and'' at the end of paragraph (4); (3) by striking the period at the end of paragraph (5) and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ``(6) whether the acquisition affects the critical infrastructure of the United States; ``(7) whether an entity controlled by or acting on behalf of a foreign government is involved in the transaction; and ``(8) such other factors as the President or the President's designee may determine to be appropriate, generally or in connection with a specific investigation.''. SEC. 5. INCREASED OVERSIGHT BY THE CONGRESS. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by inserting after subsection (k) (as added by section 3 of this Act) the following new subsections: ``(l) Annual Report to the Congress.-- ``(1) In general.--The President or the President's designee shall transmit a report to the Congress before January 31 of each year on all the reviews under subsection (a) and the investigations under subsection (b) conducted during the preceding year. ``(2) Contents of report.--The report under paragraph (1) shall contain the following information with respect to each proposed or pending merger, acquisition, or takeover covered by the report which was reviewed under subsection (a) or investigated under subsection (b): ``(A) The national security concerns, if any, raised by any agency contacted in connection with or involved in any aspect of such review and investigation. ``(B) The manner in which any such concerns were mitigated either by action of the President or the President's designee or by the action of any party to the merger, acquisition, or takeover. ``(C) Whether the merger, acquisition, or takeover was consummated, abandoned, or remained pending at the end of the year covered by the report. ``(m) Quarterly Report on Transactions Under Consideration.-- ``(1) In general.--Before the end of the 10-day period beginning on the 1st day of each calendar quarter, the President or the President's designee shall transmit a report to the Congress on all transactions which, as of the last day of the preceding calendar quarter, were under review under subsection (a) or under investigation under subsection (b). ``(2) Contents.--The report under paragraph (1) shall contain such information as may be necessary to inform the Congress of the nature and scope of each transaction, the national security implications of each transaction, the parties to each transaction, the possible terms of any contemplated, pending, or completed mitigation agreement or other limitations or requirements that may be imposed as a condition for approval of the transaction, and such other information that may be useful to the Congress or requested by the Congress in reviewing such transaction.''. SEC. 6. STATUTORY ESTABLISHMENT OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by inserting after subsection (m) (as added by section 5 of this Act) the following new subsection: ``(n) Committee on Foreign Investment in the United States.-- ``(1) Establishment.--The Committee on Foreign Investment in the United States established pursuant to Executive Order No. 11858 (hereafter in this section referred to as the `Committee' shall be a multi-agency committee to carry out this section as the designee of the President and such other assignments as the President may designate. ``(2) Membership.--The Committee shall be comprised of the following members or their designee: ``(A) The Secretary of the Treasury. ``(B) The Secretary of Commerce. ``(C) The Secretary of Defense. ``(D) The Secretary of State. ``(E) The Attorney General. ``(F) The Secretary of Homeland Security. ``(G) The Chairman of the Council of Economic Advisors. ``(H) The United States Trade Representative. ``(I) The Director of the Office of Management and Budget. ``(J) The Director of the National Economic Council. ``(K) The Director of the Office of Science and Technology Policy. ``(L) Any other designee of the President from the Executive Office of the President. ``(M) The Director of National Intelligence. ``(3) Chairperson.--The Secretary of the Treasury shall be the Chairperson of the Committee. ``(4) Other members.--The Chairperson of the Committee shall involve the heads of such other Federal agencies in any investigation under subsection (a) as the Chairperson determines to be appropriate on the basis of the facts and circumstances of the transaction under investigation or the designee of any such agency head. ``(5) Meetings.--The Committee shall meet upon the direction of the President or upon the call of the Chairperson of the Committee. ``(6) Hearings and evidence.--The Committee may, for the purpose of carrying out this section-- ``(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and ``(B) subject to paragraph (7)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Chairperson of the Committee may determine advisable. ``(7) Subpoenas.-- ``(A) Issuance.-- ``(i) In general.--A subpoena may be issued under this subsection only by direction of the President or the Chairperson. ``(ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairperson and may be served by any person designated by the Chairperson or by a member designated by a majority of the Committee. ``(B) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.''.

Committee on Foreign Investment in the United States Reform Act - Amends the Defense Production Act of 1950 to revise provisions concerning presidential authority to review any mergers, acquisitions, and takeovers (transactions) that could result in foreign control of persons engaged in interstate commerce in the United States. Directs the President, after receiving written notification of a transaction, to determine whether the transaction may possibly have an effect on U.S. national security. Requires an investigation whenever a review determines that the transaction could result in foreign control of persons engaged in U.S. interstate commerce. Provides that, when a review determines that conditions must be established on the transaction before its approval, such determination shall not be final until approved by the President and either the Secretary or Deputy Secretary of the Treasury. Outlines national security investigation requirements and procedures. Authorizes the President to establish interim protections in the case of a withdrawal of written notice of a proposed or pending transaction before a review or investigation is completed. Provides additional factors to be considered in an investigation, including whether the transaction affects U.S. critical infrastructure. Requires annual and quarterly reports to Congress on such reviews and investigations. Reestablishes the Committee on Foreign Investment in the United States (CFIUS) as a multi-agency committee (currently, a committee within the Department of the Treasury).

To amend section 721 of the Defense Production Act of 1950 to implement certain recommendations relating to the review of certain mergers, acquisitions, or takeovers by or with any foreign person, and for other purposes.

SECTION 1. RURAL EDUCATION INITIATIVE. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended-- (1) by redesignating part L as part M; and (2) by inserting after part K the following: ``PART L--RURAL EDUCATION INITIATIVE ``SEC. 10995A. SHORT TITLE. ``This part may be cited as the `Rural Education Achievement Program'. ``SEC. 10995B. PURPOSE. ``It is the purpose of this part to address the unique needs of rural school districts that frequently-- ``(1) lack the personnel and resources needed to compete for Federal competitive grants; and ``(2) receive formula allocations in amounts too small to be effective in meeting their intended purposes. ``SEC. 10995C. DEFINITIONS. ``In this part: ``(1) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(2) Specially qualified agency.--The term `specially qualified agency' means an eligible local educational agency, located in a State that does not participate in a program carried out under this part for a fiscal year, which may apply directly to the Secretary for a grant for such year in accordance with section 10995D(b). ``SEC. 10995D. PROGRAM AUTHORIZED. ``(a) Grants to States.-- ``(1) In general.--From the amount made available to carry out this part for a fiscal year, the Secretary shall award grants, from allotments made under paragraph (2), to State educational agencies that have applications approved under section 10995F to enable the State educational agencies to award grants to eligible local educational agencies for innovative assistance activities described in section 6301(b). ``(2) Allotment.--From the amount made available to carry out this part for a fiscal year, the Secretary shall allot to each State educational agency an amount that bears the same ratio to the sum as the number of students in average daily attendance at the schools served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students at the schools served by eligible local educational agencies in all States for that fiscal year. ``(b) Direct Grants to Specially Qualified Agencies.-- ``(1) Nonparticipating state.--If a State educational agency elects not to participate in the program carried out under this part or does not have an application approved under section 10995F, a specially qualified agency in such State desiring a grant under this part shall apply directly to the Secretary under section 10995F to receive a grant under this part. ``(2) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under subsection (a)(2) directly to specially qualified agencies in the State. ``(c) Administrative Costs.--A State educational agency that receives a grant under this part may not use more than 5 percent of the amount of the grant for State administrative costs. ``SEC. 10995E. STATE DISTRIBUTION OF FUNDS. ``(a) In General.--A State educational agency that receives a grant under this part may use the funds made available through the grant to award grants to eligible local educational agencies to enable the local educational agencies to carry out innovative assistance activities described in section 6301(b). ``(b) Local Awards.-- ``(1) Eligibility.--A local educational agency shall be eligible to receive a grant under this part if-- ``(A) 20 percent or more of the children age 5 through 17 that are served by the local educational agency are from families with incomes below the poverty line; and ``(B) all of the schools served by the agency are located in a community with a School-Locale Code of 6, 7, or 8, as determined by the Secretary of Education. ``(c) Award Basis.--The State educational agency shall award the grants to eligible local educational agencies-- ``(1) on a competitive basis; or ``(2) according to a formula based on the number of students in average daily attendance at schools served by the eligible local educational agencies. ``SEC. 10995F. APPLICATIONS. ``(a) In General.--Each State educational agency and specially qualified agency desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Contents.--At a minimum, such application shall include information on specific measurable goals and objectives to be achieved through the activities carried out through the grant, which may include specific educational goals and objectives relating to-- ``(1) increasing student academic achievement; ``(2) decreasing student dropout rates; ``(3) narrowing the achievement gap between the students in the State who are economically disadvantaged and the students in the State who are not economically disadvantaged; or ``(4) such other factors as the State educational agency or specially qualified agency may choose to measure. ``SEC. 10995G. ACCOUNTABILITY. ``(a) State Reports.--Each State educational agency that receives a grant under this part shall prepare and submit to the Secretary an annual report. The report shall describe-- ``(1) the method the State educational agency used to award grants to eligible local educational agencies under this part; ``(2) how the local educational agencies used the funds provided under this part; and ``(3) the degree to which the State made progress toward meeting the goals and objectives described in the application submitted under section 10995F. ``(b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this part shall prepare and submit to the Secretary an annual report. The report shall describe-- ``(1) how such agency used the funds provided under this part; and ``(2) the degree to which the agency made progress toward meeting the goals and objectives described in the application submitted under section 10995F. ``(c) Academic Achievement.-- ``(1) In general.--Each local educational agency that receives a grant under this part for a fiscal year shall-- ``(A) administer an assessment that is used statewide and is consistent with the assessment described in section 1111(b), to assess the academic achievement of students in the schools served by the local educational agency; or ``(B) in the case of a local educational agency for which there is no statewide assessment described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency. ``(2) Special Rule.--Each local educational agency that receives a grant under this part shall use the same assessment or test described in paragraph (1) for each year of participation in the program carried out under this part. ``(d) State Educational Agency Determination Regarding Continuing Participation.--Each State educational agency that receives a grant under this part shall-- ``(1) after the fifth year that a local educational agency in the State participates in the program authorized under this part and on the basis of the results of the assessments or tests described in subsection (c), determine whether the students served by the local educational agency participating in the program performed better on the assessments or tests after the fifth year of the participation than the students performed on the assessments or tests after the first year of the participation; ``(2) permit only the local educational agencies that participated in the program and served students that performed better on the assessments or tests, as described in paragraph (1), to continue to participate in the program for an additional period of 5 years; and ``(3) prohibit the local educational agencies that participated in the program and served students that did not perform better on the assessments or tests, as described in paragraph (1), from participating in the program for a period of 5 years from the date of the determination. ``SEC. 10995H. SUPPLEMENT NOT SUPPLANT. ``Funds made available under this part shall be used to supplement and not supplant any other Federal, State, or local education funds. ``SEC. 10995I. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years.''.

Rural Education Achievement Program - Amends the Elementary and Secondary Education Act of 1965 to establish a Rural Education Initiative program of: (1) formula grants to applicant State educational agencies to award subgrants to local educational agencies (LEAs) for innovative assistance activities; and (2) direct competitive grants for such activities to specially qualified LEAs in nonparticipating States.

A bill to provide for a Rural Education Initiative.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Handgun Injury Prevention Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In the 10 years from 1987 through 1996, nearly 2,200 children in the United States who were 14 years of age or younger died from unintentional shootings, and in 1996 alone, 138 children were shot and killed unintentionally, which is an average of 11 children every month, or 1 child every third day, according to the National Center for Health Statistics. (2) The United States leads the industrialized world in the rates of children lost to unintentional firearms-related death. A 1997 study from the Centers for Disease Control and Prevention found that for unintentional firearms-related deaths for children under the age of 15, the rate in the United States was 9 times greater than in 25 other industrialized countries combined. (3) While the number of unintentional deaths from firearms is an unacceptable toll on the children of the United States, nearly 8 times that number are treated annually in hospital emergency rooms in the United States for nonfatal unintentional gunshot wounds, according to an article in the June 12, 1996, issue of the Journal of the American Medical Association. (4) In the June 12, 1987, issue of the Journal of the American Medical Association, a study of unintentional firearms deaths among children in California found that unintentional gunshot wounds most often involve handguns. (5) A study in the December 1995 issue of the Archives of Pediatric and Adolescent Medicine found that children as young as 3 years old are strong enough to fire most commercially available handguns. The study found that 25 percent of 3- to 4- year-olds and 70 percent of 5- to 6-year-olds had sufficient finger strength to fire 59 (or 92 percent) of the 64 commonly available handguns examined in the study. (6) Currently, firearms are the only products manufactured in the United States that are not subject to minimum safety standards. (7) A 1997 public opinion poll conducted by the National Opinion Research Center at the University of Chicago in conjunction with the Johns Hopkins Center for Gun Policy and Research found that 74 percent of the people of the United States support safety regulation of the firearms industry. (8) Firearms, their component parts, and safety locks designed to prevent firearms from accidentally discharging, all move in interstate commerce. (9) Many currently available trigger locks and other similar devices are inadequate to prevent the accidental discharge of the firearms to which they are attached, or to prevent children from gaining access to the firearms. SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS. (a) General Authority.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products, as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. (b) Minimum Safety Standard.--The regulations required by subsection (a) shall, at a minimum, set forth a minimum safety standard that a handgun discharge protection product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act. In developing the standard, the Secretary shall give appropriate consideration to handgun discharge protection products that are not detachable, but are permanently installed and incorporated into the design of a handgun. The standard shall include provisions to ensure that any handgun discharge protection product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and to ensure that such a product cannot be removed from a handgun except through the use of a key, combination, or other method of access made possible by the manufacturer of the product. (c) Use of Poison Packaging Prevention Standards Test Protocols.-- In developing the standard required by subsection (b), the Secretary shall consider using test protocols described in section 1700.20 of title 16, Code of Federal Regulations, (in effect as of January 1, 1998), related to poison prevention packaging standards. (d) Deadline for Issuance of Standard.--Within 12 months after the date of the enactment of this Act, the Secretary shall issue in final form the standard required by subsection (b). (e) Effective Date of Standard.--The standard issued under subsection (b) shall take effect 6 months after the date of issuance. SEC. 4. ORDERS; INSPECTIONS. (a) In General.--The Secretary may issue an order prohibiting the manufacture, sale, transfer, or delivery of a handgun discharge protection product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this Act or a regulation prescribed under this Act. (b) Authority To Require the Recall, Repair, or Replacement of, or the Provision of Refunds.--The Secretary may issue an order requiring the manufacturer of, and any dealer in, a handgun discharge protection product which the Secretary finds has been designed, manufactured, transferred, or delivered in violation of this Act or a regulation prescribed under this Act, to-- (1) provide notice of the risks associated with the product, and of how to avoid or reduce the risks, to-- (A) the public; (B) in the case of the manufacturer of the product, each dealer in the product; and (C) in the case of a dealer in the product, the manufacturer of the product and the other persons known to the dealer as dealers in the product; (2) bring the product into conformity with the regulations prescribed under this Act; (3) repair the product; (4) replace the product with a like or equivalent product which is in compliance with such regulations; (5) refund the purchase price of the product, or, if the product is more than 1 year old, a lesser amount based on the value of the product after reasonable use; (6) recall the product from the stream of commerce; or (7) submit to the Secretary a satisfactory plan for implementation of any action required under this subsection. (c) Inspections.--In order to ascertain compliance with this Act and the regulations and orders issued under this Act, the Secretary may, at reasonable times-- (1) enter any place in which handgun discharge protection products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are manufactured, stored, or held; and (2) enter and inspect any conveyance being used to transport for commercial purposes a handgun discharge protection product. SEC. 5. UNLAWFUL ACTS. (a) In General.--Beginning 30 days after a final standard issued under section 3(b) takes effect, it shall be unlawful-- (1) for any licensed manufacturer or licensed importer to sell, transfer, or deliver to any person any handgun without a handgun discharge protection product that meets the standard; and (2) for any licensed dealer to sell, transfer, or deliver to any person any handgun without the handgun discharge protection product supplied to the dealer by the licensed manufacturer or importer. (b) Exception.--Subsection (a) shall not apply to the sale, transfer, or delivery of a handgun to a department or agency of the Federal Government or of any State government or political subdivision of a State. SEC. 6. WARNING LABELS FOR HANDGUNS. (a) Inclusion of Warning Labels In Handgun Packaging.-- (1) In general.--A licensed manufacturer, licensed importer, or licensed dealer shall not sell, transfer, or deliver a handgun with accompanying packaging or other descriptive materials, unless the warning label described in paragraph (2) is displayed on the principal display panel of the packaging and on the materials. (2) Warning label.-- (A) Content.--The warning label referred to in paragraph (1) is a label that, in conspicuous and legible type, contains the following statement: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> ``Children are attracted to and can operate handguns, which can cause severe injuries or death. ``Prevent child access by always keeping handguns locked away and unloaded.''. (B) Appearance.--The statement required by subparagraph (A) shall, by typography, layout, or color, be in contrast with other printed matter on the package or descriptive materials, in a manner similar to that described in section 1500.121 of title 16, Code of Federal Regulations (in effect as of January 1, 1998). (b) Affixation of Warning Label to Handgun Transferred Without Packaging.--A licensed manufacturer, licensed importer, or licensed dealer shall not sell, transfer, or deliver a handgun without accompanying packaging or other descriptive materials, unless the label described in subsection (a)(2)(A) is affixed to the handgun by a method to be prescribed by rule by the Secretary. (c) Effective Date.--This section shall take effect 60 days after the date of the enactment of this Act. SEC. 7. REPORTING REQUIREMENTS. Each licensed manufacturer, licensed importer, and licensed dealer shall report to the Secretary any information obtained by the manufacturer, importer, or dealer which reasonably supports the conclusion that-- (1) a child has suffered an unintentional or self-inflicted gunshot wound inflicted through the use of a handgun that was sold, transferred, or delivered by the manufacturer, importer, or dealer after the effective date of this Act; and (2) as a result, the individual died, suffered serious injury, or was treated for an injury by a medical professional. SEC. 8. ENFORCEMENT. (a) Civil Penalties.--The Secretary may assess a civil money penalty not to exceed $10,000 for each violation of this Act. (b) Revocation of Federal Firearms License.--Section 923(e) of title 18, United States Code, is amended by inserting after the 2nd sentence the following: ``The Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of the license violates any provision of the Child Handgun Injury Prevention Act or any rule or regulation prescribed under such Act.''. (c) Private Cause of Action.-- (1) In general.--Any person aggrieved by any violation of this Act or of any regulation prescribed or order issued under this Act by another person may bring an action against such other person in any United States district court for damages, including consequential damages. In any action under this subsection, the court, in its discretion, may award to a prevailing plaintiff a reasonable attorney's fee as part of the costs. (2) Rule of interpretation.--The remedy provided for in paragraph (1) shall be in addition to any other remedy provided by common law or under Federal or State law. (d) Private Enforcement of This Act.--Any interested person may bring an action in any United States district court to enforce this Act, or restrain any violation of this Act or of any regulation prescribed or order issued under this Act. In any action under this subsection, the court, in its discretion, may award to a prevailing plaintiff a reasonable attorney's fee as part of the costs. (e) Effect on Private Remedies.-- (1) Irrelevancy of compliance with this act.--Compliance with this Act or any order issued or regulation prescribed under this Act shall not relieve any person from liability to any person under common law or State statutory law. (2) Irrelevancy of failure to take action under this act.-- The failure of the Secretary to take any action authorized under this Act shall not be admissible in litigation relating to the product under common law or State statutory law. (f) Criminal Penalties.--Any person who has received from the Secretary a notice that the person has violated a provision of this Act or of a regulation prescribed under this Act with respect to a handgun discharge protection product, and who subsequently knowingly violates such provision with respect to the product shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. SEC. 9. NO EFFECT ON STATE LAW. This Act does not annul, alter, impair, or affect, or exempt any person subject to the provisions of this Act from complying with, any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this Act if such provision affords greater protection to children in respect of handguns than is afforded by this Act. SEC. 10. DEFINITIONS. In this Act: (1) The term ``handgun discharge protection product'' means any device (including a handgun) that is designed, manufactured, or represented in commerce, as useful in protecting children from injury from the unintentional discharge of a handgun. (2) The term ``children'' means individuals who have not attained 18 years of age. (3) The terms ``licensed importer'', ``licensed manufacturer'', ``licensed dealer'', ``Secretary'', and ``handgun'' have the meanings given in paragraphs (9), (10), (11), (18), and (29), respectively, of section 921(a) of title 18, United States Code.

Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires that such regulations, at a minimum, set forth a minimum safety standard that such a product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act. Directs the Secretary, in developing the standard, to: (1) give appropriate consideration to products that are not detachable, but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards. Requires the standard to ensure that any product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and that such product cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer. (Sec. 4) Authorizes the Secretary to issue an order: (1) prohibiting the manufacture, sale, transfer, or delivery of a product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed, in violation of this Act; and (2) requiring the manufacturer of, and any dealer in, a product which the Secretary finds to violate such provision to provide notice of the risks associated with the product; to bring the product into conformity with regulations prescribed by this Act; to repair, replace, refund the purchase price of, or recall, the product; or to submit to the Secretary a satisfactory plan for implementation of any such action. Authorizes the Secretary, at reasonable times in order to ascertain compliance, to: (1) enter any place in which products are manufactured, stored, or held, for distribution in commerce, and inspect those areas; and (2) enter and inspect any conveyance being used to transport a product for commercial purposes. (Sec. 5) Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments. (Sec. 6) Prohibits a licensed manufacturer, importer, or dealer from selling, transferring, or delivering a handgun: (1) with accompanying packaging or other descriptive materials without a specified warning label regarding the consequences of child operation of, child access to, and storage of, handguns; and (2) without accompanying packaging or other descriptive materials unless the label described is affixed to the handgun by a method to be prescribed by the Secretary. (Sec. 7) Sets forth reporting requirements. (Sec. 8) Authorizes the Secretary to assess civil penalties, and to revoke a Federal firearms license, under specified circumstances. Creates a private right of action for damages by persons aggrieved by a violation of this Act. Sets forth criminal penalties for violations. (Sec. 9) Allows State law to afford greater protection to children regarding handguns than is afforded by this Act.

Child Handgun Injury Prevention Act

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Tax Return Due Date Simplification and Modernization Act of 2013''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S CORPORATION FORM 1120S, AND C CORPORATION FORM 1120. (a) Partnerships.-- (1) In general.--Section 6072 is amended by adding at the end the following new subsection: ``(f) Returns of Partnerships.--Returns of partnerships under section 6031 made on the basis of the calendar year shall be filed on or before the 15th day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the third month following the close of the fiscal year.''. (2) Conforming amendment.--Section 6072(a) is amended by striking ``6017, or 6031'' and inserting ``or 6017''. (b) S Corporations.-- (1) In general.--So much of subsection (b) of section 6072 as precedes the second sentence thereof is amended to read as follows: ``(b) Returns of Certain Corporations.--Returns of S corporations under sections 6012 and 6037 made on the basis of the calendar year shall be filed on or before the 31st day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the last day of the third month following the close of the fiscal year.''. (2) Conforming amendments.-- (A) Section 1362(b) is amended-- (i) by striking ``15th'' each place it appears and inserting ``last'', (ii) by striking ``2\1/2\'' each place it appears and inserting ``3'', and (iii) by striking ``2 months and 15 days'' in paragraph (4) and inserting ``3 months''. (B) Section 1362(d)(1)(C)(i) is amended by striking ``15th'' and inserting ``last''. (C) Section 1362(d)(1)(C)(ii) is amended by striking ``such 15th day'' and inserting ``the last day of the 3d month thereof''. (c) Conforming Amendments Relating to C Corporations.-- (1) Section 170(a)(2)(B) is amended by striking ``third month'' and inserting ``4th month''. (2) Section 563 is amended by striking ``third month'' each place it appears and inserting ``4th month''. (3) Section 1354(d)(1)(B)(i) is amended by striking ``3d month'' and inserting ``4th month''. (4) Subsection (a) and (c) of section 6167 are each amended by striking ``third month'' and inserting ``4th month''. (5) Section 6425(a)(1) is amended by striking ``third month'' and inserting ``4th month''. (6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section 6655 are each amended by striking ``3rd month'' and inserting ``4th month''. (d) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2013. SEC. 3. MODIFICATION OF DUE DATES BY REGULATION. In the case of returns for taxable years beginning after December 31, 2013, the Secretary of the Treasury or the Secretary's delegate shall modify appropriate regulations to provide as follows: (1) The maximum extension for the returns of partnerships filing Form 1065 shall be a 6-month period ending after the date prescribed for filing the return. (2) The maximum extension for the returns of trusts and estates filing Form 1041 shall be a 5\1/2\-month period ending after the date prescribed for filing the return. (3) The maximum extension for the returns of employee benefit plans filing Form 5500 shall be an automatic 3\1/2\- month period ending after the date prescribed for filing the return. (4) The maximum extension for the Forms 990 (series) returns of organizations exempt from income tax filing shall be an automatic 6-month period ending after the date prescribed for filing the return. (5) The maximum extension for the returns of organizations exempt from income tax filing that are required to file Form 4720 returns of excise taxes shall be an automatic 6-month period ending after the date prescribed for filing the return. (6) The maximum extension for the returns of trusts required to file Form 5227 shall be an automatic 6-month period ending after the date prescribed for filing the return. (7) The maximum extension for the returns of Black Lung Benefit Trusts required to file Form 6069 for excise taxes shall be an automatic 6- month period ending after the date prescribed for filing the return. (8) The maximum extension for a taxpayer required to file Form 8870 shall be an automatic 6-month period ending after the date prescribed for filing the return. (9) The due date of Form 3520-A, Annual Information Return of a Foreign Trust with a U.S. Owner, shall be the 15th day of the fourth month after the close of the trust's tax year with a maximum extension of a 6-month period ending after the date prescribed for filing the return. (10) The due date of Form TD F 90-22.1 (relating to Report of Foreign Bank and Financial Accounts) shall be April 15 with a maximum extension for a 6-month period ending on October 15 and with provision for an extension under rules similar to the rules in Treas. Reg. section 1.6081-5. For any taxpayer required to file such Form for the first time, any penalty for failure to timely request for, or file, an extension, may be waived by the Secretary. (11) Taxpayers filing Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, shall be allowed to extend Form 3520 separately from the income tax return of the owner for an automatic 6-month period ending after the date prescribed for filing the owner's return. SEC. 4. CORPORATIONS PERMITTED STATUTORY AUTOMATIC 6-MONTH EXTENSION OF INCOME TAX RETURNS. (a) In General.--Section 6081(b) is amended by striking ``3 months'' and inserting ``6 months''. (b) Effective Date.--The amendment made by this section shall apply to returns for taxable years beginning after December 31, 2013.

Tax Return Due Date Simplification and Modernization Act of 2013 - Amends the Internal Revenue Code to change tax return due dates for partnerships (from April 15 to March 15, with a six-month extension), S corporations (from March 15 to March 31), and C corporations (from March 15 to April 15). Requires the Secretary of the Treasury, for taxable years beginning after December 31, 2013, to modify by regulation the due dates for extensions of tax returns for partnerships, trusts and estates, employee benefit plans, tax-exempt organizations, and certain trust funds. Sets a due date of April 15 for the annual information return of a foreign trust with a U.S. owner and for the report of foreign bank and financial accounts (with extensions until October 15). Extends the automatic extension for corporation income tax returns from three to six months.

Tax Return Due Date Simplification and Modernization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``One Percent Spending Reduction Act of 2011''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to 24 percent of GDP in 2010. (B) Total Federal debt exceeds $14 trillion and has increased $4 trillion in the past three years alone. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $24 trillion by 2021. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) From 1980 to 2010, Federal revenues averaged 18 percent of GDP and are projected to return to that level within the next decade. (4) Absent reform, the growth of Social Security, Medicare, and Medicaid will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose.--The purpose of this Act is to address the fiscal crisis by-- (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS. (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. ESTABLISHING OUTLAY CAPS. ``(a) Outlay Caps.--In this section, the term `outlay cap' means: ``(1) Fiscal year 2012.--For fiscal year 2012, the aggregate outlays (less net interest payments) for fiscal year 2012 shall be $3,382,000,000,000, less one percent. ``(2) Fiscal year 2013.--For fiscal year 2013, the aggregate outlays (less net interest payments) for fiscal year 2013 shall be the amount computed under paragraph (1), less one percent. ``(3) Fiscal year 2014.--For fiscal year 2014, the aggregate outlays (less net interest payments) for fiscal year 2014 shall be the amount computed under paragraph (2), less one percent. ``(4) Fiscal year 2015.--For fiscal year 2015, the aggregate outlays (less net interest payments) for fiscal year 2015 shall be the amount computed under paragraph (3), less one percent. ``(5) Fiscal year 2016.--For fiscal year 2016, the aggregate outlays (less net interest payments) for fiscal year 2016 shall be the amount computed under paragraph (4), less one percent. ``(6) Fiscal year 2017.--For fiscal year 2017, the aggregate outlays (less net interest payments) for fiscal year 2017 shall be the amount computed under paragraph (5), less one percent. ``(7) Fiscal year 2018 and subsequent fiscal years.--(A) For fiscal year 2018 and each subsequent fiscal year, the aggregate outlays shall be 18 percent of the gross domestic product for that fiscal year as estimated by OMB prior to March of the previous fiscal year. ``(B) Notwithstanding paragraph (A), for any fiscal year beginning with fiscal year 2019, the aggregate projected outlays may not be less than the aggregate projected outlays for the preceding fiscal year. ``(b) Sequestration.-- ``(1) In general.-- ``(A) Excess spending.--Not later than 45 calendar days after the beginning of a fiscal year, OMB shall conduct a sequestration to eliminate the excess outlay amount. ``(B) Definitions.-- ``(i) For fiscal years 2012 through 2017 and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays (less net interest payments) for a fiscal year exceeds the outlay cap for that fiscal year. ``(ii) For fiscal year 2018 and in subsequent fiscal years and for purposes of this subsection, the term `excess outlay amount' means the amount by which total projected Federal outlays for a fiscal year exceeds the outlay cap for that fiscal year. ``(2) Sequestration.-- ``(A) On August 15 of each year, CBO shall issue a sequestration preview report as described in section 254(c)(4). ``(B) On August 20 of each year, OMB shall issue a sequestration preview report as described in section 254(c)(4). ``(C) On October 31 of each year, OMB shall issue its final sequestration report as described in section 254(f)(3). It shall be accompanied by a Presidential order detailing uniform spending reductions equal to the excess outlay amount as defined in this section. ``(D) The reductions shall generally follow the process set forth in section 253 and 254, except as provided in this section. ``(3) Congressional action.--If the August 20 OMB report projects a sequestration, the Committees on Budget of the Senate and House of Representatives may report a resolution directing their committees to change the existing law to achieve the spending reductions outlined in the August 20 report necessary to meet the outlay limits. ``(c) No Exempt Programs.--Section 255 and section 256 shall not apply to this section, except that payments for net interest (budget function 900) shall be exempt from the spending reductions under sequestration. ``(d) Look Back.--If, after November 14, a bill resulting in outlays for the fiscal year in progress is enacted that causes excess outlays, the excess outlay amount for the next fiscal year shall be increased by the amount or amounts of that breach.''. (b) Conforming Amendments to BBEDCA.-- (1) Sequestration preview reports.--Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(4) Outlay cap sequestration reports.--The preview reports shall set forth for the budget year estimates for the following: ``(A)(i) For each of budget years 2012 through 2017: the aggregate projected outlays (less net interest payment), less one percent. ``(ii) For budget year 2018 and each subsequent budget year: the estimated gross domestic product (GDP) for that budget year. ``(B) The amount of reductions required under section 253A. ``(C) The sequestration percentage necessary to achieve the required reduction under section 253A.''. (2) Final sequestration reports.--Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(3) Outlay caps sequestration reports.--The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these report shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The report shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs.''. (3) Repeal of expiration date.--Section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. (c) Enforcement.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) Outlay Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. SEC. 4. CONFORMING AMENDMENTS. The table of contents set forth in-- (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Enforcement procedures.''; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Establishing outlay caps.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply to fiscal year 2012 and subsequent fiscal years, including any reports and calculations required for implementation in fiscal year 2012.

One Percent Spending Reduction Act of 2011 - Amends the Balance Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish the aggregate outlay (outlay cap) (less net interest payments) for FY2012 at $3.382 billion, less 1%. Reduces each outlay cap for FY2013-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and each subsequent fiscal year to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits the outlay caps from being less than those for the preceding fiscal year for FY2019 and any ensuing fiscal year. Requires a sequestration by OMB within 45 days after the beginning of a fiscal year to eliminate any excess outlay amount. Prescribes requirements for Congressional Budget Office (CBO) and OMB sequestration preview reports and an OMB final sequestration report, accompanied by a presidential order detailing uniform spending reductions equal to the excess outlay amount. Requires the House and the Senate budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions outlined in the OMB August 20 report to meet the outlay limits, if a sequestration is projected. States that if, after November 14, a bill resulting in outlays for the current fiscal year is enacted that causes excess outlays, the excess outlays for the next fiscal year shall be increased by the amount or amounts of that breach. Repeals provisions of the Gramm-Rudman-Hollings Act terminating Pay-As-You-Go (PAYGO) enforcement mechanisms under such Act. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay limits in the Gramm-Rudman-Hollings Act to be exceeded. Prescribes procedures for waiver or suspension of this rule.

A bill to prevent a fiscal crisis by enacting legislation to balance the Federal budget through reductions of discretionary and mandatory spending.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Acquisition Reform Act of 1995''. SEC. 2. PROCUREMENT INTEGRITY AMENDMENT. (a) Amendment of Procurement Integrity Provision.--Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) is amended to read as follows: ``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR PROPOSAL INFORMATION OR SOURCE SELECTION INFORMATION. ``(a) Prohibition on Disclosing Procurement Information.--(1) A person described in paragraph (2) shall not, other than as provided by law, knowingly and willfully disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates. ``(2) Paragraph (1) applies to any person who-- ``(A) is a present or former officer or employee of the United States, or a person who is acting or has acted for or on behalf of, or who is advising or has advised the United States with respect to, a Federal agency procurement; and ``(B) by virtue of that office, employment, or relationship has or had access to contractor bid or proposal information or source selection information. ``(b) Prohibition on Obtaining Procurement Information.--A person shall not, other than as provided by law, knowingly and willfully obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates. ``(c) Prohibition on Disclosing or Obtaining Procurement Information in Connection With a Protest.--(1) A person shall not, other than as provided by law, knowingly and willfully violate the terms of a protective order described in paragraph (2) by disclosing or obtaining contractor bid or proposal information or source selection information related to the procurement contract concerned. ``(2) Paragraph (1) applies to any protective order issued by the Comptroller General or the board of contract appeals of the General Services Administration in connection with a protest against the award or proposed award of a Federal agency procurement contract. ``(d) Penalties and Administrative Actions.-- ``(1) Criminal penalties.-- ``(A) Whoever engages in conduct constituting an offense under subsection (a), (b), or (c) shall be imprisoned for not more than one year or fined as provided under title 18, United States Code, or both. ``(B) Whoever engages in conduct constituting an offense under subsection (a), (b), or (c) for the purpose of either-- ``(i) exchanging the information covered by such subsection for anything of value, or ``(ii) obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract, shall be imprisoned for not more than five years or fined as provided under title 18, United States Code, or both. ``(2) Civil penalties.--The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under subsection (a), (b), or (c). Upon proof of such conduct by a preponderance of the evidence, the person is subject to a civil penalty. An individual who engages in such conduct is subject to a civil penalty of not more than $50,000 for each violation plus twice the amount of compensation which the individual received or offered for the prohibited conduct. An organization that engages in such conduct is subject to a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation which the organization received or offered for the prohibited conduct. ``(3) Administrative actions.--(A) If a Federal agency receives information that a contractor or a person has engaged in conduct constituting an offense under subsection (a), (b), or (c), the Federal agency shall consider taking one or more of the following actions, as appropriate: ``(i) Cancellation of the Federal agency procurement, if a contract has not yet been awarded. ``(ii) Rescission of a contract with respect to which-- ``(I) the contractor or someone acting for the contractor has been convicted for an offense under subsection (a), (b), or (c), or ``(II) the head of the agency that awarded the contract has determined, based upon clear and convincing evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting such an offense. ``(iii) Initiation of suspension or debarment proceedings for the protection of the Government in accordance with procedures in the Federal Acquisition Regulation. ``(iv) Initiation of adverse personnel action, pursuant to the procedures in chapter 75 of title 5, United States Code, or other applicable law or regulation. ``(B) If a Federal agency rescinds a contract pursuant to subparagraph (A)(ii), the United States is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract. ``(C) For purposes of any suspension or debarment proceedings initiated pursuant to subparagraph (A)(iii), engaging in conduct constituting an offense under subsection (a), (b), or (c) affects the present responsibility of a Government contractor or subcontractor. ``(e) Definitions.--As used in this section: ``(1) The term `contractor bid or proposal information' means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: ``(A) Cost or pricing data (as defined by section 2306a(i) of title 10, United States Code, with respect to procurements subject to that section, and section 304A(i) of Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b(i), with respect to procurements subject to that section). ``(B) Indirect costs and direct labor rates. ``(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation. ``(D) Information marked by the contractor as `contractor bid or proposal information', in accordance with applicable law or regulation. ``(2) The term `source selection information' means any of the following information prepared for use by a Federal agency for the purpose of evaluating a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: ``(A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening. ``(B) Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices. ``(C) Source selection plans. ``(D) Technical evaluation plans. ``(E) Technical evaluations of proposals. ``(F) Cost or price evaluations of proposals. ``(G) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract. ``(H) Rankings of bids, proposals, or competitors. ``(I) The reports and evaluations of source selection panels, boards, or advisory councils. ``(J) Other information marked as `source selection information' based on a case-by-case determination by the head of the agency, his designee, or the contracting officer that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. ``(3) The term `Federal agency' has the meaning provided such term in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). ``(4) The term `Federal agency procurement' means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. ``(5) The term `contracting officer' means a person who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to such a contract. ``(6) The term `protest' means a written objection by an interested party to the award or proposed award of a Federal agency procurement contract, pursuant to section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) or subchapter V of chapter 35 of title 31, United States Code. ``(f) Limitation on Protests.--No person may file a protest against the award or proposed award of a Federal agency procurement contract alleging an offense under subsection (a), (b), or (c), of this section, nor may the Comptroller General or the board of contract appeals of the General Services Administration consider such an allegation in deciding a protest, unless that person reported to the Federal agency responsible for the procurement information that the person believed constituted evidence of the offense no later than 14 days after the person first discovered the possible offense. ``(g) Savings Provisions.--This section does not-- ``(1) restrict the disclosure of information to, or its receipt by, any person or class of persons authorized, in accordance with applicable agency regulations or procedures, to receive that information; ``(2) restrict a contractor from disclosing its own bid or proposal information or the recipient from receiving that information; ``(3) restrict the disclosure or receipt of information relating to a Federal agency procurement after it has been canceled by the Federal agency before contract award unless the Federal agency plans to resume the procurement; ``(4) authorize the withholding of information from, nor restrict its receipt by, Congress, a committee or subcommittee of Congress, the Comptroller General, a Federal agency, or an inspector general of a Federal agency; ``(5) authorize the withholding of information from, nor restrict its receipt by, any board of contract appeals of a Federal agency or the Comptroller General in the course of a protest against the award or proposed award of a Federal agency procurement contract; or ``(6) limit the applicability of any requirements, sanctions, contract penalties, and remedies established under any other law or regulation.''. (b) Regulations.--(1) Proposed revisions to the Federal Acquisition Regulation to implement this section shall be published in the Federal Register not later than 60 days after the date of the enactment of this Act. (2) The proposed regulations described in paragraph (1) shall be made available for public comment for a period of not less than 60 days. (3) Final regulations shall be published in the Federal Register not later than 150 days after the date of the enactment of this Act. (c) Repeals.--(1) The following provisions of law are repealed: (A) Sections 2397, 2397a, 2397b, and 2397c of title 10, United States Code. (B) Section 281 of title 18, United States Code. (C) Subsection (c) of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428). (2)(A) The table of sections at the beginning of chapter 141 of title 10, United States Code, is amended by striking the items relating to sections 2397, 2397a, 2397b, and 2397c. (B) The table of sections at the beginning of chapter 15 of title 18, United States Code, is amended by striking the item relating to section 281. (C) Section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) is amended by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. SEC. 3. INTERNATIONAL COMPETITIVENESS. (a) Repeal of Provision Relating to Research, Development, and Production Costs.--Section 21(e) of the Arms Export Control Act (22 U.S.C. 2761(e)) is amended-- (1) by inserting ``and'' after the semicolon at the end of paragraph (1)(A); (2) by striking out subparagraph (B) of paragraph (1); (3) by redesignating subparagraph (C) of paragraph (1) as subparagraph (B); (4) by striking out paragraph (2); and (5) by redesignating paragraph (3) as paragraph (2). (b) Effective Date.--The amendments made by subsection (a) shall be effective with respect to sales agreements pursuant to sections 21 and 22 of the Arms Export Control Act (22 U.S.C. 2761 and 2762) entered into on or after the date of the enactment of this Act.

Federal Acquisition Reform Act of 1995 - Amends the Office of Federal Procurement Policy Act (OFPPA) to revise procurement integrity provisions, replacing them with specified restrictions on disclosing and obtaining contractor bid or proposal information or source selection information. Repeals specified armed forces procurement provisions, post-employment restrictions and reporting requirements with respect to retired military officers and defense contractors, and OFPPA procedures applicable to purchases below micro-purchase threshold. Amends the Arms Export Control Act to repeal provisions relating to research, development, and production costs.

Federal Acquisition Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Officials Protection Act of 2000''. SEC. 2. ATTEMPTS TO INTERFERE WITH THE PERFORMANCE OF A FEDERAL OFFICIAL'S DUTIES. (a) In General.--Chapter 7 of title 18, United States Code, is amended by inserting after section 111 the following: ``Sec. 111A. Attempts to interfere with the performance of a Federal official's duties ``(a)(1) Whoever corruptly or by force or threat of force (including any threatening letter or communication) intimidates or endeavors to intimidate any officer or employee, described in section 1114 of this title, engaged in or on account of the performance of that officer or employee's official duties, or in any other way corruptly or by force or threat of force (including any threatening communication) obstructs or impedes, or endeavors to obstruct or impede, the performance of such officer's or employee's official duties, shall be fined under this title or imprisoned for not more than five years, or both. ``(2) In the case of an offense under this subsection which was committed after the defendant had previously been convicted of an earlier offense under this subsection, the defendant shall be fined under this title or imprisoned for not more than ten years, or both. ``(3) The term `force', as used in this subsection, includes force directed at the person or property of an officer or employee described in section 1114 of this title, and force directed at the person or property of an immediate family member of such officer or employee as defined in section 115(c)(2) of this title. ``(b) Whoever, within the United States, files, or endeavors to file, in any public record, or in any private record which is generally available to the public, any lien, encumbrance, or other document that creates, or attempts to create, a cloud on the title of any real or personal property belonging in whole or in part to any officer or employee described in section 1114 of this title with intent to intimidate, obstruct, or impede such officer or employee in the performance of such officer's or employee's official duties, or with intent to retaliate against such officer or employee on account of the performance of such duties, and knowing or having reason to know that such lien, encumbrance, or other document is frivolous under Federal or State law shall be fined under this title or imprisoned for not more than five years, or both. In the case of an offense under this subsection which was committed after the defendant had previously been convicted of an earlier offense under this subsection, the defendant shall be fined under this title or imprisoned for not more than ten years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by inserting after the item relating to section 111 the following new item: ``111A. Attempts to interfere with the performance of a Federal official's duties.''. SEC. 3. ADDITIONAL PENALTY FOR FILING A FRIVOLOUS SUIT AGAINST AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF A STATE OR POLITICAL SUBDIVISION THEREOF. (a) In General.--Chapter 163 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2466. Additional penalty for filing a frivolous civil suit against an officer or employee of the United States or of any agency of a State or political subdivision thereof ``In addition to any other remedy provided by law, should the court find that any civil action brought personally against any officer or employee described in section 1114 of title 18, United States Code, or any officer or employee of any agency of a State, or political subdivision thereof, is frivolous and was brought with intent to intimidate or obstruct such officer or employee in the performance of such officer's or employee's official duties, or with intent to retaliate against such officer or employee on account of the performance of such duties, the court shall, besides dismissing such action, assess against the party making such claim a civil penalty payable to the United States of not less than $2,500 or more than $25,000.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 163 of title 28, United States Code, is amended by adding at the end the following new item: ``2466. Additional penalty for filing a frivolous civil suit against an officer or employee of the United States or of any agency of a State or political subdivision thereof.''. SEC. 4. ATTEMPTS TO INTERFERE WITH THE PERFORMANCE OF A STATE OFFICIAL'S DUTIES. (a) In General.--Chapter 73 of title 18, United States Code, is amended by inserting after section 1518 the following: ``Sec. 1519. Attempts to interfere with the performance of a State official's duties ``(a) Whoever in a circumstance described in subsection (b)-- ``(1) files, or endeavors to file, in any public record, or in any private record which is generally available to the public, any lien, encumbrance, or other document that creates, or attempts to create, a cloud on the title of any real or personal property belonging in whole or in part to any officer or employee of any agency of a State, or political subdivision thereof, with intent to intimidate, obstruct, or impede such officer or employee in the performance of such officer's or employee's official duties, or with intent to retaliate against such officer or employee on account of the performance of such duties, and knowing or having reason to know that such lien, encumbrance, or other document is frivolous under Federal or State law; or ``(2) corruptly or by force or threat of force (including any threatening letter or communication) intimidates or endeavors to intimidate any officer or employee of any agency of a State, or political subdivision thereof, engaged in or on account of the performance of his official duties, or in any other way corruptly or by force or threat of force (including any threatening communication), obstructs or impedes, or endeavors to obstruct or impede, the performance of such officer's or employee's official duties, shall be fined under this title or imprisoned for not more than five years, or both; and if serious bodily injury results, shall be so fined or imprisoned for not more than ten years, or both; and if death results, shall in addition to any fine under this title, also be subject to the death penalty or to imprisonment for any term of years or to life. In the case of an offense under this subsection which was committed after the defendant had previously been convicted of an earlier offense under this subsection, the defendant shall be fined under this title or imprisoned for not more than ten years, or both; and if serious bodily injury results, shall be so fined or imprisoned for not more than twenty years, or both; and if death results, shall in addition to any fine under this title, also be subject to the death penalty or to imprisonment for any term of years or to life. ``(b) The circumstances referred to in subsection (a) are-- ``(1) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; ``(2) any offender travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or ``(3) the offense obstructs, delays, or otherwise affects interstate or foreign commerce, or would have so obstructed delayed, or affected interstate or foreign commerce if the offense had been consummated. ``(c) Definitions.--As used in this section-- ``(1) the term `State' includes a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States; ``(2) the term `force' includes force directed at the person or property of an officer or employee of any agency of a State, or political subdivision thereof, and force directed at the person or property of an immediate family member of such officer or employee; ``(3) the term `serious bodily injury' has the meaning given that term in section 2119 of this title; and ``(4) the term `immediate family member' has the meaning given that term in section 115(c)(2) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by adding at the end the following new item: ``1519. Attempts to interfere with the performance of a State official's duties.''.

(Sec. 3) Amends the Federal judicial code to direct the court to assess an additional penalty for filing a frivolous civil action against an officer of the United States or of any agency of a State or political subdivision thereof with intent to intimidate or obstruct, or to retaliate against, such officer. (Sec. 4) Amends the Federal criminal code to prohibit specified attempts to interfere with the performance of a State officer's duties (similar to those involving Federal officers under this Act) where: (1) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; (2) any offender travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or (3) the offense obstructs, delays, or otherwise affects interstate or foreign commerce or would have done so. Sets penalties for violations.

Public Officials Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Public Health Protections in Major Disasters and Emergencies Act of 2007''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER AREA. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responded to Hurricane Katrina or Hurricane Rita or responds to a major disaster or emergency, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Medical institution.--The term `medical institution' includes a hospital facility (as such term is defined in section 391 of the Energy Policy Conservation Act (42 U.S.C. 6371) and an accredited public or nonprofit school of medicine. ``(3) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(4) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a major disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and follow-up clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and follow-up clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 11320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; (15) public health and family services; (16) environmental justice; and (17) health and health care disparities. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2008'' and inserting ``September 30, 2010''. SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS. Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)) is amended-- (1) in subparagraph (G)-- (A) by striking ``through (F)'' and inserting ``through (G)''; and (B) by redesignating such subparagraph as subparagraph (H); and (2) by inserting after subparagraph (F), the following: ``(G) Community outreach and education programs and other activities designed to address and prevent health and health care disparities.''.

Strengthening Public Health Protections in Major Disasters and Emergencies Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, if chemicals or substances associated with potential acute or chronic human health effects were or are released in a major disaster area. Makes participation voluntary. Requires the President to take appropriate measures to protect the privacy of registry or study participants. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions. Requires the President to carry out such a program in accordance with certain privacy regulations. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring. Extends through September 30, 2010, the President's authority to establish a program to provide technical and financial assistance to state and local governments for the implementation of cost-effective predisaster hazard mitigation measures. Amends the Public Health Service Act to authorize payments from allotments made to a state for community outreach and education programs and other activities designed to prevent health and health care disparities.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for the health and safety of certain volunteers and workers in disaster areas, and for other purposes.

SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I--OCCUPATIONAL SAFETY AND HEALTH SMALL BUSINESS DAY IN COURT ACT OF 2005 Sec. 101. Short title. Sec. 102. Contesting citations under the Occupational Safety and Health Act of 1970. Sec. 103. Effective date. TITLE II--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2005 Sec. 201. Short title. Sec. 202. Occupational Safety and Health Review Commission. TITLE III--OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT OF 2005 Sec. 301. Short title. Sec. 302. Independent review. TITLE IV--OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER ACCESS TO JUSTICE ACT OF 2005 Sec. 401. Short title. Sec. 402. Award of attorneys' fees and costs. TITLE I--OCCUPATIONAL SAFETY AND HEALTH SMALL BUSINESS DAY IN COURT ACT OF 2005 SEC. 101. SHORT TITLE. This title may be cited as the ``Occupational Safety and Health Small Business Day in Court Act of 2005''. SEC. 102. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. Section 10 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659) is amended-- (1) in the second sentence of subsection (a), by inserting after ``assessment of penalty'' the following: ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)''; and (2) in the second sentence of subsection (b), by inserting after ``assessment of penalty'' the following: ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)''. SEC. 103. EFFECTIVE DATE. The amendments made by this title shall apply to a citation or proposed assessment of penalty issued by the Occupational Safety and Health Administration that is issued on or after the date of the enactment of this title. TITLE II--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2005 SEC. 201. SHORT TITLE. This title may be cited as the ``Occupational Safety and Health Review Commission Efficiency Act of 2005''. SEC. 202. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. (a) Increase in Number of Members and Criteria for Membership.-- Section 12 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 661) is amended-- (1) in the second sentence of subsection (a)-- (A) by striking ``three members'' and inserting ``five members''; and (B) by inserting ``legal'' before ``training''; (2) in the first sentence of subsection (b), by striking ``except that'' and all that follows through the period and inserting the following: ``except that the President may extend the term of a member for no more than 365 consecutive days to allow a continuation in service at the pleasure of the President after the expiration of the term of that member until a successor nominated by the President has been confirmed to serve. Any vacancy caused by the death, resignation, or removal of a member before the expiration of a term for which a member was appointed shall be filled only for the remainder of such term.''; and (3) in subsection (f), by striking ``two members'' the first place it appears and inserting ``three members''. (b) New Positions.--Of the two vacancies for membership on the Occupational Safety and Health Review Commission created by subsection (a)(1)(A), one shall be appointed by the President for a term expiring on April 27, 2008, and the other shall be appointed by the President for a term expiring on April 27, 2010. (c) Effective Date.--The amendment made by subsection (a)(1)(B) shall apply beginning with the 2 vacancies referred to in subsection (b) and all subsequent appointments to the Commission. TITLE III--OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT OF 2005 SEC. 301. SHORT TITLE. This title may be cited as the ``Occupational Safety and Health Independent Review of OSHA Citations Act of 2005''. SEC. 302. INDEPENDENT REVIEW. Section 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660) is amended by adding at the end the following: ``The conclusions of the Commission with respect to all questions of law that are subject to agency deference under governing court precedent shall be given deference if reasonable.''. TITLE IV--OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER ACCESS TO JUSTICE ACT OF 2005 SEC. 401. SHORT TITLE. This title may be cited as the ``Occupational Safety and Health Small Employer Access to Justice Act of 2005''. SEC. 402. AWARD OF ATTORNEYS' FEES AND COSTS. The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) is amended by redesignating sections 32, 33, and 34 as sections 33, 34, and 35, respectively, and by inserting after section 31 the following new section: ``award of attorneys' fees and costs ``Sec. 32. (a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in any adversary adjudication instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary was substantially justified or special circumstances make an award unjust. For purposes of this section the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Proceedings.--An employer who-- ``(1) is the prevailing party in any proceeding for judicial review of any action instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the action addressed under subsection (1) was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) of this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Applicability.-- ``(1) Commission proceedings.--Subsection (a) shall apply to proceedings commenced on or after the date of enactment of this section. ``(2) Court proceedings.--Subsection (b) shall apply to proceedings for judicial review commenced on or after the date of enactment of this section.''. Passed the House of Representatives July 12, 2005. Attest: JEFF TRANDAHL, Clerk.

(Pursuant to H.Res. 351, the engrossed version of H.R. 739 sent to the Senate contains the texts of H.R. 739, H.R. 740, H.R. 741, and H.R. 742 as passed by the House on July 12, 2005.) Title I: Occupational Safety and Health Small Business Day in Court Act of 2005 - Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect. Title II: Occupational Safety and Health Review Commission Efficiency Act of 2005 - Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five. Includes an individual's legal training among possible qualifications for OSHRC membership. Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate. Title III: Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise requirements for judicial review of orders by the Occupational Safety and Health Review Commission (OSHRC), which is the agency for independent review of citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act. Requires deference to be given to reasonable conclusions of OSHRC (rather than OSHA) with respect to all questions of law that are subject to agency deference under governing court precedent. Title IV: Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings. Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action). Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.

To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative flexibility with regard to the filing of a notice of contest by an employer following the issuance of a citation or proposed assessment of a penalty by the Occupational Safety and Health Administration, to provide for greater efficiency at the Occupational Safety and Health Review Commission, to provide for judicial deference to conclusions of law determined by the Occupational Safety and Health Review Commission with respect to an order issued by the Commission, and to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bailout Prevention Act of 2017''. SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS. Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B)) is amended by striking clauses (ii) and (iii) and inserting the following: ``(ii)(I) The Board shall establish procedures to prohibit borrowing from programs and facilities by borrowers that are insolvent. A borrower shall not be eligible to borrow from any emergency lending program or facility unless the Board and all Federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. Solvency shall be assessed by examining the last 4 months of relevant financial data and determining whether the fair value of the borrower's assets exceeds the fair value of the borrower's liabilities, with appropriate adjustment for temporary illiquidity in relevant markets. ``(II) A borrower shall be considered insolvent for purposes of this subparagraph if the borrower is-- ``(aa) in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), or any other Federal or State insolvency proceeding; or ``(bb) a bridge financial company (as defined in section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381(a))) or a bridge depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)). ``(III) If the Board or any other banking regulator makes a certification of solvency, the Board or banking regulator, as applicable, shall issue a contemporaneous public statement providing a detailed explanation of the certification decision. ``(iii) A program or facility shall be considered a program or facility with broad-based eligibility only if not fewer than 5 companies are eligible to participate in the program or facility in a significant manner.''. SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT. Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is amended by adding at the end the following: ``(F) Any emergency lending under this paragraph shall be provided at an annual interest rate not less than 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. ``(G)(i) If the Board determines that the Board shall create an emergency lending program or facility that does not comply with the broad-based eligibility requirement described in subparagraph (B)(iii) or the penalty rate requirement described in subparagraph (F), the Board-- ``(I) may create such a program or facility; and ``(II) not later than 3 days after the date on which a program or facility is created under clause (i), shall submit to Congress a report that describes the reasons why the Board is unable to comply with any requirement described in the matter preceding subclause (I). ``(ii)(I) A program or facility created under clause (i)(I) shall terminate on the date that is 30 calendar days after the date on which Congress receives a report described in clause (i)(II) unless there is enacted into law a joint resolution approving the program or facility not later than 30 calendar days after the date on which the report is received. Any loan offered through the program or facility that are outstanding as of the date on which the facility is terminated shall be repaid in full not later than 30 calendar days after the date on which the program or facility is terminated. ``(II) For the purpose of this section, the term `joint resolution' means only a joint resolution-- ``(aa) that is introduced not later than 3 calendar days after the date on which the report referred to in clause (i)(I) is received by Congress; ``(bb) that does not have a preamble; ``(cc) the title of which is as follows: `Joint resolution relating to the approval of a program or facility created by the Board of Governors of the Federal Reserve System'; and ``(dd) the matter after the resolving clause of which is as follows: `That Congress approves the program or facility created by the Board of Governors of the Federal Reserve System on __________.' (The blank space being appropriately filled in). ``(III)(aa) Upon receipt of a report under subsection (a)(3), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such report. ``(bb) Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House not later than 5 calendar days after the date of receipt of the report described in clause (i)(II). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(cc) After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the report described in clause (i)(II), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(dd) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(IV)(aa) Upon receipt of a report under clause (i)(II), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this subparagraph, the Senate shall convene not later than the second calendar day after receipt of such message. ``(bb) Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. ``(cc)(AA) Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the fourth day after the date on which Congress receives a report described in clause (i)(II) and ending on the sixth day after the date on which Congress receives the report (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. 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 resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(BB) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(CC) The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(DD) Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(V)(aa) If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: ``(AA) The joint resolution of the other House shall not be referred to a committee. ``(BB) With respect to a joint resolution of the House receiving the resolution-- ``(CC) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(DD) the vote on passage shall be on the joint resolution of the other House. ``(bb) If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. ``(cc) If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(dd) If the President vetoes the joint resolution, the period beginning on the date the President vetoes the joint resolution and ending on the date the Congress receives the veto message with respect to the joint resolution shall be disregarded in computing the 30-calendar-day period described in subclause (I) and debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(ee) This subclause and subclauses (II), (III), and (IV) are enacted by Congress-- ``(AA) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(BB) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. SEC. 4. PUBLIC DISCLOSURE OF INFORMATION RELATED TO CREDIT FACILITIES. (a) Reports on GAO Audits.--Section 714(f)(3)(C)(iii) of title 31, United States Code, is amended-- (1) by striking ``1 year'' and inserting ``60 days''; and (2) by striking ``24 months'' and inserting ``60 days''. (b) Public Disclosures by the Board of Governors.--Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) in the first subsection (s) (relating to transparency and the release of information)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking ``1 year'' and inserting ``60 days''; and (ii) in subparagraph (B), by striking ``the last day of the eighth calendar quarter following the calendar quarter in which'' and inserting ``the date that is 60 days after the date on which''; and (B) in paragraph (5), by striking ``24-month'' and inserting ``60 days''; and (2) by redesignating the second subsection (s) (relating to assessments, fees, and other charges) as subsection (t).

Bailout Prevention Act of 2017 This bill amends the Federal Reserve Act to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System (the Board) and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. Solvency shall be assessed by examining the last four months of relevant financial data and determining whether the fair value of the borrower's assets exceeds its liabilities, with appropriate adjustment for temporary illiquidity in the relevant markets. A borrower shall be deemed insolvent for such purposes if it is in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or any other federal or state insolvency proceedings, or is a bridge financial company or a bridge depository institution. A program shall be considered one with "broad-based eligibility" only if at least five companies are eligible to participate in the program in a significant manner. The annual interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement or the interest rate requirement, but only if Congress enacts into law a joint resolution of approval within 30 days. The bill reduces the timing of various reporting requirements of the Government Accountability Office and the Board from 1-2 years to 60 days.

Bailout Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000''. SEC. 2. PURPOSE. The purpose of this Act is to authorize the United States to take actions to address comprehensively the treatment of sewage emanating from the Tijuana River area, Mexico, that flows untreated or partially treated into the United States causing significant adverse public health and environmental impacts. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Commission.--The term ``Commission'' means the United States section of the International Boundary and Water Commission, United States and Mexico. (3) IWTP.--The term ``IWTP'' means the South Bay International Wastewater Treatment Plant constructed under the provisions of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 1987 (101 Stat. 80-82), and Treaty Minutes to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 1944. (4) Secondary treatment.--The term ``secondary treatment'' has the meaning such term has under the Federal Water Pollution Control Act and its implementing regulations. (5) Secretary.--The term ``Secretary'' means the Secretary of State. (6) Mexican facility.--The term ``Mexican facility'' means a proposed public-private wastewater treatment facility to be constructed and operated under this Act within Mexico for the purpose of treating sewage flows generated within Mexico, which flows impact the surface waters, health, and safety of the United States and Mexico. (7) MGD.--The term ``mgd'' means million gallons per day. SEC. 4. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE ADMINISTRATOR. (a) Secondary Treatment.-- (1) In general.--Subject to the negotiation and conclusion of a new Treaty Minute or the amendment of Treaty Minute 283 under section 5, and notwithstanding section 510(b)(2) of the Water Quality Act of 1987 (101 Stat. 81), the Commission is authorized and directed to provide for the secondary treatment of a total of not more than 50 mgd in Mexico-- (A) of effluent from the IWTP if such treatment is not provided for at a facility in the United States; and (B) of additional sewage emanating from the Tijuana River area, Mexico. (2) Additional authority.--Subject to the results of the comprehensive plan developed under subsection (b) revealing a need for additional secondary treatment capacity in the San Diego-Tijuana border region and recommending the provision of such capacity in Mexico, the Commission may provide not more than an additional 25 mgd of secondary treatment capacity in Mexico for treatment described in paragraph (1). (b) Comprehensive Plan.--Not later than 24 months after the date of the enactment of this Act, the Administrator shall develop a comprehensive plan with stakeholder involvement to address the transborder sanitation problems in the San Diego-Tijuana border region. The plan shall include, at a minimum-- (1) an analysis of the long-term secondary treatment needs of the region; (2) an analysis of upgrades in the sewage collection system serving the Tijuana area, Mexico; and (3) an identification of options, and recommendations for preferred options, for additional sewage treatment capacity for future flows emanating from the Tijuana River area, Mexico. (c) Contract.-- (1) In general.--Subject to the availability of appropriations to carry out this subsection and notwithstanding any provision of Federal procurement law, upon conclusion of a new Treaty Minute or the amendment of Treaty Minute 283 under section 5, the Commission may enter into a fee-for-services contract with the owner of a Mexican facility in order to carry out the secondary treatment requirements of subsection (a) and make payments under such contract. (2) Terms.--Any contract under this subsection shall provide, at a minimum, for the following: (A) Transportation of the advanced primary effluent from the IWTP to the Mexican facility for secondary treatment. (B) Treatment of the advanced primary effluent from the IWTP to the secondary treatment level in compliance with water quality laws of the United States, California, and Mexico. (C) Return conveyance from the Mexican facility of any such treated effluent that cannot be reused in either Mexico or the United States to the South Bay Ocean Outfall for discharge into the Pacific Ocean in compliance with water quality laws of the United States and California. (D) Subject to the requirements of subsection (a), additional sewage treatment capacity that provides for advanced primary and secondary treatment of sewage described in subsection (a)(1)(B) in addition to the capacity required to treat the advanced primary effluent from the IWTP. (E) A contract term of 30 years. (F) Arrangements for monitoring, verification, and enforcement of compliance with United States, California, and Mexican water quality standards. (G) Arrangements for the disposal and use of sludge, produced from the IWTP and the Mexican facility, at a location or locations in Mexico. (H) Payment of fees by the Commission to the owner of the Mexican facility for sewage treatment services with the annual amount payable to reflect all agreed upon costs associated with the development, financing, construction, operation, and maintenance of the Mexican facility. (I) Provision for the transfer of ownership of the Mexican facility to the United States, and provision for a cancellation fee by the United States to the owner of the Mexican facility, if the Commission fails to perform its obligations under the contract. The cancellation fee shall be in amounts declining over the term of the contract anticipated to be sufficient to repay construction debt and other amounts due to the owner that remain unamortized due to early termination of the contract. (J) Provision for the transfer of ownership of the Mexican facility to the United States, without a cancellation fee, if the owner of the Mexican facility fails to perform the obligations of the owner under the contract. (K) To the extent practicable, the use of competitive procedures by the owner of the Mexican facility in the procurement of property or services for the engineering, construction, and operation and maintenance of the Mexican facility. (L) An opportunity for the Commission to review and approve the selection of contractors providing engineering, construction, and operation and maintenance for the Mexican facility. (M) The maintenance by the owner of the Mexican facility of all records (including books, documents, papers, reports, and other materials) necessary to demonstrate compliance with the terms of this Act and the contract. (N) Access by the Inspector General of the Department of State or the designee of the Inspector General for audit and examination of all records maintained pursuant to subparagraph (M) to facilitate the monitoring and evaluation required under subsection (d). (3) Limitation.--The Contract Disputes Act of 1978 (41 U.S.C. 601-613) shall not apply to a contract executed under this section. (d) Implementation.-- (1) In general.--The Inspector General of the Department of State shall monitor the implementation of any contract entered into under this section and evaluate the extent to which the owner of the Mexican facility has met the terms of this section and fulfilled the terms of the contract. (2) Report.--The Inspector General shall transmit to Congress a report containing the evaluation under paragraph (1) not later than 2 years after the execution of any contract with the owner of the Mexican facility under this section, 3 years thereafter, and periodically after the second report under this paragraph. SEC. 5. NEGOTIATION OF NEW TREATY MINUTE. (a) Congressional Statement.--In light of the existing threat to the environment and to public health and safety within the United States as a result of the river and ocean pollution in the San Diego- Tijuana border region, the Secretary is requested to give the highest priority to the negotiation and execution of a new Treaty Minute, or a modification of Treaty Minute 283, consistent with the provisions of this Act, in order that the other provisions of this Act to address such pollution may be implemented as soon as possible. (b) Negotiation.-- (1) Initiation.--The Secretary is requested to initiate negotiations with Mexico, within 60 days after the date of the enactment of this Act, for a new Treaty Minute or a modification of Treaty Minute 283 consistent with the provisions of this Act. (2) Implementation.--Implementation of a new Treaty Minute or of a modification of Treaty Minute 283 under this Act shall be subject to the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Matters to be addressed.--A new Treaty Minute or a modification of Treaty Minute 283 under paragraph (1) should address, at a minimum, the following: (A) The siting of treatment facilities in Mexico and in the United States. (B) Provision for the secondary treatment of effluent from the IWTP at a Mexican facility if such treatment is not provided for at a facility in the United States. (C) Provision for additional capacity for advanced primary and secondary treatment of additional sewage emanating from the Tijuana River area, Mexico, in addition to the treatment capacity for the advanced primary effluent from the IWTP at the Mexican facility. (D) Provision for any and all approvals from Mexican authorities necessary to facilitate water quality verification and enforcement at the Mexican facility. (E) Any terms and conditions considered necessary to allow for use in the United States of treated effluent from the Mexican facility, if there is reclaimed water which is surplus to the needs of users in Mexico and such use is consistent with applicable United States and California law. (F) Any other terms and conditions considered necessary by the Secretary in order to implement the provisions of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the House of Representatives September 12, 2000. Attest: JEFF TRANDAHL, Clerk.

Authorizes the Commission, subject to the results of the comprehensive plan developed under this Act revealing a need for additional secondary treatment capacity in the San Diego-Tijuana border region (border region) and recommending the provision of such capacity in Mexico, to provide up to an additional 25 mgd of such capacity for the above-described treatment. Requires the Administrator of the Environmental Protection Agency to develop a comprehensive plan with stakeholder involvement to address the transborder sanitation problems in the border region. Permits the Commission, upon conclusion of a new Treaty Minute or the amendment of Treaty Minute 283, to enter into a fee-for-services contract with the owner of the Mexican Facility (proposed wastewater treatment facility to be constructed within Mexico for treating sewage flows generated within Mexico, which flows impact U.S. and Mexican surface waters, health, and safety) to carry out the secondary treatment requirements of this Act. Requires the Inspector General of the Department of State to monitor and report to Congress on such contract. Requests the Secretary of State to give the highest priority to the negotiation and execution of a new Treaty Minute or a modification of Treaty Minute 283 in order that the other provisions of this Act to address river and ocean pollution in the border region may be implemented as soon as possible. Requests the Secretary to initiate such negotiations with Mexico. Requires the new or modified Treaty Minute to be subject to the provisions of the National Environmental Policy Act of 1969. Authorizes appropriations.

Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000

SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) In General.-- (1) Old-age insurance benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (2) Wife's insurance benefits.-- (A) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (3) Husband's insurance benefits.-- (A) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (4) Child's insurance benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (B) by striking ``dies, or'' in subparagraph (D). (5) Widow's insurance benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (6) Widower's insurance benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (7) Mother's and father's insurance benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (A) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (B) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (8) Parent's insurance benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(b)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (9) Disability insurance benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (10) Benefits at age 72 for certain uninsured individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (b) Computation of Last Monthly Payment.-- (1) Old-age and survivors insurance benefits.--Section 202 of such Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection) multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (2) Disability insurance benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (3) Benefits at age 72 for certain uninsured individuals.-- Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (determined before application of this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the date of the enactment of this Act.

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to OASDI benefits through the month of his or her death with benefits for that month computed on a prorated basis.

To amend title II of the Social Security Act to provide for payment of a benefit for the month of the recipient's death.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid and SCHIP Abuse Prevention Act of 2008''. SEC. 2. SCHIP AND MEDICAID GROSS INCOME ELIGIBILITY CEILING. (a) Application of SCHIP Eligibility Ceiling.-- (1) In general.--Section 2110 of the Social Security Act (42 U.S.C. 1397jj) is amended-- (A) in subsection (b)(1)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(D) whose gross family income (as defined in subsection (c)(9)) does not exceed 250 percent of the poverty line.''; and (B) in subsection (c), by adding at the end the following new paragraph: ``(9) Gross family income.-- ``(A) In general.--Subject to subparagraph (B), the term `gross family income' means, with respect to an individual, gross income (as defined by the Secretary in regulations) for the members of the individual's family. For purposes of the previous sentence, in defining `gross income' the Secretary shall, to the maximum extent practicable, include income from whatever source, other than amounts deducted under section 62(a)(1) of the Internal Revenue Code of 1986. ``(B) Income disregards authorized.--A State may provide, through a State plan amendment and with the approval of the Secretary, for the disregard from gross family income of one or more amounts so long as the total amount of such disregards for a family does not exceed $250 per month, or $3,000 per year.''. (2) Denial of federal matching payments for state schip expenditures for individuals with gross family income above 250 percent of the poverty line.--Section 2105(c) of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph: ``(8) Denial of payments for expenditures for child health assistance for individuals whose gross family income exceeds 250 percent of the poverty line.--No payment may be made under this section, for any expenditures for providing child health assistance or health benefits coverage under a State child health plan under this title, including under a waiver under section 1115, with respect to an individual whose gross family income (as defined in section 2110(c)(9)) exceeds 250 percent of the poverty line.''. (3) Conforming amendment to maintenance of effort.--Section 2105(d)(1) of such Act (42 U.S.C. 1397ee(d)(1)) is amended by inserting before the period at the end the following: ``, unless such income standards were adopted in order to comply with the requirements of section 1939''. (b) Medicaid Gross Income Eligibility Ceiling.-- (1) In general.--Title XIX of the Social Security Act is amended by redesignating section 1939 as section 1940 and by inserting after section 1940 the following new section: ``SEC. 1939. INCOME ELIGIBILITY LIMITATION. ``Notwithstanding any other provision of this title, no individual with gross family income (as defined in section 2110(c)(9)) that exceeds 250 percent of the poverty line shall be eligible to receive medical assistance under a State plan under this title, including under a waiver under section 1915 or 1115.''. (2) Denial of federal matching payments for state expenditures for medical assistance for individuals whose gross family income exceeds 250 percent of the federal poverty line.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended-- (A) in paragraph (22) by striking ``or'' at the end; (B) in paragraph (23) by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (23) the following new paragraph: ``(24) if a State fails to comply with the provisions of section 1939, with respect to amounts expended by a State for medical assistance for individuals to whom the income eligibility limitation under such section applies.''. (3) Medicaid state plan requirements.--Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (69) by striking ``and'' at the end; (B) in paragraph (70) by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (70) the following new paragraph: ``(71) provide that the State complies with the requirements of section 1939.''. (4) Conforming amendment relating to income eligibility.-- Section 1903(f)(1)(A) of such Act (42 U.S.C. 1396b(f)(1)(A)) is amended by inserting before the period at the end the following: ``, if such payments are not otherwise prohibited under subsection (i)(24),''. (c) Effective Date; Transition.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to payments made for items and services furnished on or after the first day of the first calendar quarter beginning more than 90 days after the date of the enactment of this Act. (2) Transition.--The amendments made by-- (A)(i) subsection (a)(1) shall not apply to an individual who was receiving, or was determined eligible to receive, child health assistance or health benefits coverage under a State child health plan under title XXI of the Social Security Act, including under a waiver under section 1115 of such Act, as of the day before the date of the enactment of this Act, until such date as the individual is determined ineligible using income standards or methodologies in place as of the day before the date of the enactment of this Act; and (ii) subsection (a)(2) shall not apply to payment for items and services furnished to an individual described in clause (i); (B)(i) subsection (b)(1) shall not apply to an individual who was receiving, or was determined eligible to receive, medical assistance or health benefits coverage under a State plan under title XIX of the Social Security Act, including under a waiver under section 1115 of such Act, as of the day before the date of the enactment of this Act, until such date as the individual is determined ineligible using income standards or methodologies in place as of the day before the date of the enactment of this Act; and (ii) subsection (b)(2) shall not apply to payment for items and services furnished to an individual described in clause (i).

Medicaid and SCHIP Abuse Prevention Act of 2008 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to place a ceiling on an invidiual's eligibility for Medicaid and SCHIP benefits at a gross family income that is not more than 250% of the poverty level.

To amend titles XIX and XXI of the Social Security Act to place a general eligibility ceiling of 250 percent of the poverty level on gross income for eligibility for benefits under Medicaid and SCHIP.

PROCEDURES. (a) In General.--Section 7123 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Availability of Dispute Resolutions.-- ``(1) In general.--The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide that a taxpayer may request mediation or arbitration in any case unless the Secretary has specifically excluded the type of issue involved in such case or the class of cases to which such case belongs as not appropriate for resolution under such subsection. The Secretary shall make any determination that excludes a type of issue or a class of cases public within 5 working days and provide an explanation for each determination. ``(2) Independent mediators.-- ``(A) In general.--The procedures prescribed under subsection (b)(1) shall provide the taxpayer an opportunity to elect to have the mediation conducted by an independent, neutral individual not employed by the Office of Appeals. ``(B) Cost and selection.-- ``(i) In general.--Any taxpayer making an election under subparagraph (A) shall be required-- ``(I) to share the costs of such independent mediator equally with the Office of Appeals, and ``(II) to limit the selection of the mediator to a roster of recognized national or local neutral mediators. ``(ii) Exception.--Clause (i)(I) shall not apply to any taxpayer who is an individual or who was a small business in the preceding calendar year if such taxpayer had an adjusted gross income that did not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, in the taxable year preceding the request. ``(iii) Small business.--For purposes of clause (ii), the term `small business' has the meaning given such term under section 41(b)(3)(D)(iii). ``(3) Availability of process.--The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide the opportunity to elect mediation or arbitration at the time when the case is first filed with the Office of Appeals and at any time before deliberations in the appeal commence.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY. (a) Extension of Time for Return of Property Subject to Levy.-- Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is amended by striking ``9 months'' and inserting ``3 years''. (b) Period of Limitation on Suits.--Subsection (c) of section 6532 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1) by striking ``9 months'' and inserting ``3 years'', and (2) in paragraph (2) by striking ``9-month'' and inserting ``3-year''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period has not expired under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) as of such date. SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE. (a) In General.--Section 6159 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Waiver of Installment Agreement Fee.--The Secretary shall waive the fees imposed on installment agreements under this section for any taxpayer with an adjusted gross income that does not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, and who has agreed to make payments under the installment agreement by electronic payment through a debit instrument.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL RELIEF AND COLLECTION CASES. (a) Petitions for Spousal Relief.-- (1) In general.--Subsection (e) of section 6015 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1)(A) with respect to a final determination of relief under this section, the running of the period prescribed by such paragraph for filing such a petition with respect to such final determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter.''. (2) Effective date.--The amendment made by this subsection shall apply to petitions filed under section 6015(e) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (b) Collection Proceedings.-- (1) In general.--Subsection (d) of section 6330 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``appeal such determination to the Tax Court'' in paragraph (1) and inserting ``petition the Tax Court for review of such determination'', (B) by striking ``Judicial review of determination'' in the heading of paragraph (1) and inserting ``Petition for review by tax court'', (C) by redesignating paragraph (2) as paragraph (3), and (D) by inserting after paragraph (1) the following new paragraph: ``(2) Suspension of running of period for filing petition in title 11 cases.--In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1) with respect to a determination under this section, the running of the period prescribed by such subsection for filing such a petition with respect to such determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 30 days thereafter.''. (2) Conforming amendment.--Subsection (c) of section 6320 of such Code is amended by striking ``(2)(B)'' and inserting ``(3)(B)''. (3) Effective date.--The amendments made by this subsection shall apply to petitions filed under section 6330 of the Internal Revenue Code of 1986 after the date of the enactment of this Act. SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES. (a) In General.--Paragraph (1) of section 7482(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or'' at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F) and inserting a comma, and (3) by inserting after subparagraph (F) the following new subparagraphs: ``(G) in the case of a petition under section 6015(e), the legal residence of the petitioner, or ``(H) in the case of a petition under section 6320 or 6330-- ``(i) the legal residence of the petitioner if the petitioner is an individual, and ``(ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual.''. (b) Effective Date.--The amendments made by this section shall apply to petitions filed after the date of enactment of this Act. SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED DISCLOSURES OF INFORMATION. (a) In General.--Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking ``$5,000'' and inserting ``$10,000''. (b) Effective Date.--The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT SPOUSE RELIEF. (a) In General.--Subparagraph (A) of section 6015(e)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``Any review of a determination by the Secretary with respect to a claim for equitable relief under subsection (f) shall be reviewed de novo by the Tax Court.''. (b) Effective Date.--The amendment made by this section shall apply to petitions filed or pending before the Tax Court on and after the date of the enactment of this Act. SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES IN AN INTERNAL APPEAL. ``(a) In General.--In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. ``(b) Certain Issues Deemed Outside of Scope of Determination.--For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: ``(1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. ``(2) Any deficiency in tax which was not included in the initial determination. ``(3) Any theory or justification for a tax deficiency which was not considered in the initial determination. ``(c) No Inference With Respect to Issues Raised by Taxpayers.-- Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination.''. (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. Prohibition on Internal Revenue Service raising new issues in an internal appeal.''. (c) Effective Date.--The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Office of Appeals on or after the date of the enactment of this Act.

Small Business Taxpayer Bill of Rights Act of 2013 - Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50,000 that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case.

Small Business Taxpayer Bill of Rights Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumer Relief Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) During 2005, the price of crude oil reached a record $70 a barrel, the price of gas at the pump reached a record price of $3 per gallon, and the price of natural gas reached a record of $14.75 per million BTUs on October 5, 2005. (2) Record highs in oil and natural gas prices have resulted in record profits for oil and natural gas producers and refiners. In October 2005, the five largest oil companies reported a total of $32.7 billion in the third quarter profits, a record increase of 52 percent over last year. Exxon Mobil recorded $9.9 billion, a 75 percent increase in profits; ChevronTexaco recorded $3.6 billion, a 13 percent increase in profits; Conoco Phillips recorded $3.8 billion, an 89 percent increase in profits; BP recorded $6.5 billion, a 34 percent increase in profits; and Royal Dutch Shell recorded $9.03 billion, a 68 percent increase in profits. Over the first three quarters of the year, the top five oil companies recorded a combined total of $81 billion in profits. (3) Higher oil company profits have been accompanied by a dramatic increase in pay and compensation for the senior executives at major oil companies. The total 2004 direct compensation for the top five oil and gas company executives, as reported in a Wall Street Journal survey, averaged $16.5 million, double the prior year. (4) The CEO's of the top five oil companies stated at a November 9, 2005, joint hearing of the Senate Energy and Natural Resource Committee and the Senate Environment and Public Works Committee that their respective companies did not need the Federal tax incentives provided in the Energy Policy Act of 2005. (5) The effective tax rates of the top five oil companies averaged 13.3 percent over the three-year period 2001-2003, well below the 35 percent rate, and in contrast to those in the health care industry, the financial industry, the pharmaceutical industry, the computer industry and the chemical industry. (6) Oil prices are projected to remain high for the foreseeable future, translating into continued high oil company profits. According to the Administrator of the Energy Information Administration, the Administration's 2006 Annual Energy Outlook will forecast an oil price in 2025 that is nearly $20 a barrel higher than the 2005 Outlook. (7) The Federal budget deficit this year was $319 billion, the third largest in history, and the national debt is currently above $8 trillion. (8) In light of the size of the Federal budget deficit and the national debt, the record price of oil and natural gas, and the historic profits earned by oil and natural gas producers, there is no justification for granting such companies special tax breaks and exemptions from paying royalties for drilling for oil and natural gas on public lands, as was authorized in the Energy Policy Act of 2005. (9) Home heating costs are expected to jump dramatically this winter, even after consumers have paid hundred of dollars more this year in gasoline costs. This is squeezing the pocketbooks of millions of hard-working families. Americans who heat their homes with natural gas could see their fuel costs increase as much as 50 percent in some parts of the country. On average, the more than half of all American households heating with natural gas are expected to spend 38 percent more this winter on fuel. Households heating with heating oil can expect to pay 21 percent more this winter. The National Energy Assistance Directors' Association reports that the average family using heating oil will pay nearly three times the amount families paid in 2001 to 2002. SEC. 3. REPEAL OF CERTAIN TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election to Expense Certain Refineries.-- (1) In general.--Subparagraph (B) of section 179C(c)(1) of such Code (relating to qualified refinery property) is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Energy Consumer Relief Act of 2005''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (b) Repeal of Treatment of Natural Gas Distribution Lines as 15- Year Property.-- (1) In general.--Clause (viii) of section 168(e)(3)(E) of such Code (relating to 15-year property) is amended by striking ``January 1, 2011'' and inserting ``the Energy Consumer Relief Act of 2005''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year Property.-- (1) In general.--Clause (iv) of section 168(e)(3)(C) of such Code (relating to 7-year property) is amended by inserting ``and which is placed in service before the date of the enactment of the Energy Consumer Relief Act of 2005'' after ``April 11, 2005,''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (d) Repeal of New Rule for Determining Small Refiner Exception to Oil Depletion Deduction.-- (1) In general.--Paragraph (4) of section 613A(d) of such Code (relating to certain refiners excluded) is amended to read as follows: ``(4) Certain refiners excluded.--If the taxpayer or a related person engages in the refining of crude oil, subsection (c) shall not apply to such taxpayer if on any day during the taxable year the refinery runs of the taxpayer and such person exceed 50,000 barrels.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. (e) Repeal of Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167 of such Code (relating to depreciation) is amended by striking subsection (h). (2) Conforming amendment.--Section 263A(c)(3) of such Code is amended by striking ``167(h),''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. REPEAL OF CERTAIN OTHER PROVISIONS PROVIDING INCENTIVES FOR THE OIL AND GAS INDUSTRY. The following provisions of the Energy Policy Act of 2005 (Public Law 109-58) are repealed: (1) Section 343 (relating to marginal property production incentives). (2) Section 344 (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (3) Section 345 (relating to royalty relief for deep water production). (4) Section 346 (relating to Alaska offshore royalty suspension). (5) Section 347 (relating to oil and gas leasing in the National Petroleum Reserve in Alaska). (6) Section 351 (relating to preservation of geological and geophysical data). (7) Section 357 (relating to a comprehensive inventory of OCS oil and natural gas resources). (8) Section 362 (relating to management of Federal oil and gas leasing programs). (9) Section 965 (relating to oil and gas research programs). (10) Section 966 (relating to low-volume oil and gas reservoir research program). (11) Subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). SEC. 5. REQUIREMENT TO SUSPEND ROYALTY RELIEF. (a) Requirement to Suspend.--The President shall suspend the application of any provision of Federal law under which any person is given relief from any requirement to pay royalty for production oil or natural gas from Federal lands (including submerge lands), for production occurring in any period with respect to which-- (1) in the case of production of oil, the average price of crude oil in the United States over the most recent 4 consecutive weeks is greater than $40 per barrel, or such lesser amount as applies for such purpose under the lease under which such production occurs; and (2) in the case of production of natural gas, the average wellhead price of natural gas in the United States over the most recent 4 consecutive weeks is greater than $5 per thousand cubic feet, or such lesser amount as applies for such purpose under the lease under which such production occurs. (b) Determination of Market Price.--The President shall determine average prices for purposes of subsection (a) based on the most recent data reported by the Energy Information Administration of the Department of Energy. SEC. 6. EXPENDITURE OF ADDITIONAL REVENUE. Amounts equivalent to the increased revenues received in the Treasury as the result of the enactment of this Act (reduced by decreases in such revenues as the result of sections 7 and 8), up to a total of $2,000,000,000 for each of fiscal years 2006 and 2007, shall be directly available to the Secretary of Health and Human Services for obligation and expenditure for allotment under section 2604(e) of the Low Income Home Energy Assistance Act of 1981. In making allotments of funds made available under this section, the Secretary shall give due regard to the most recent estimates available from the Department of Energy regarding anticipated energy prices during the heating and cooling seasons for which funds are being provided, and to the probable effect of those prices on the heating and cooling expenses of low- income households. SEC. 7. REFUNDABLE TAX CREDIT FOR ENERGY COST ASSISTANCE OF FARMERS AND RANCHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR ENERGY COST ASSISTANCE FOR FARMERS AND RANCHERS. ``(a) General Rule.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 20 percent of the amount paid or incurred for qualified energy costs, or ``(2) $1,500. ``(b) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any individual engaged in a farming business (as defined in section 263A(e)(4)). ``(c) Qualified Energy Costs.--For purposes of this section, the term `qualified energy costs' means the cost of any fuel, energy utility, natural gas, propane gas, LP gas, fertilizer, and heating oil used in the farming business of the taxpayer during the taxable year. ``(d) Termination.--This section shall not apply to qualified energy costs paid or incurred after December 31, 2005.''. (b) No Double Benefit.--Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Energy Assistance for Farmers and Ranchers.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined under section 36(a).''. (c) Refundability.--Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 36 of such Code''. (d) Clerical Amendments.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and by adding at the end the following new items: ``Sec. 36. Credit for energy cost assistance for farmers and ranchers. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 8. SMALL BUSINESS ENERGY EMERGENCY GRANT PROGRAM. (a) Small Business Energy Emergency Grants.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following new section 37: ``SEC. 37. ENERGY EMERGENCY GRANT PROGRAM. ``(a) Establishment.--The Administrator shall establish and carry out an Energy Emergency Grant Program through which the Administrator may make a grant to a small business concern that the Administrator determines has suffered or is likely to suffer substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene. ``(b) Amount of Grant.-- ``(1) Limitation.--No grant under this section may exceed $1,500. ``(2) Exception.--The Administrator may waive the limitation under paragraph (1) for a small business concern if the Administrator determines that the small business concern constitutes a major source of employment in its surrounding area. ``(c) Definitions.--In this section: ``(1) The term `significant increase' means-- ``(A) with respect to the price of heating oil, natural gas, gasoline, transportation fuel, or propane, an increase of the current price index over the base price index by not less than 30 percent; and ``(B) with respect to the price of kerosene, any increase which the Administrator, in consultation with the Secretary of Energy, determines to be significant. ``(2) The term `current price index' means the moving average of the closing unit price on the New York Mercantile Exchange, for the 10 most recent trading days, for contracts to purchase heating oil, natural gas, gasoline, transportation fuel, or propane during the subsequent calendar month, commonly known as the `front month'. ``(3) The term `base price index' means the moving average of the closing unit price on the New York Mercantile Exchange for heating oil, natural gas, gasoline, transportation fuel, or propane for the 10 days, in each of the most recent 2 preceding years, which correspond to the trading days described in paragraph (2).''. (b) Effective Date.--Section 36 of the Small Business Act, as added by subsection (a), shall apply with respect to economic injury suffered on or after the date of the enactment of this Act.

Energy Consumer Relief Act of 2005 - Amends the Energy Policy Act of 2005 to repeal oil and gas tax subsidies including: (1) the election to expense certain refineries; (2) treatment of natural gas distribution lines as 15-year property; (3) treatment of natural gas gathering lines as 7-year property; (4) the new rule for determining small refiner exception to oil depletion deduction; and (5) amortization of geological and geophysical expenditures. Repeals certain oil and gas production incentives, including those with respect to: (1) royalty relief for deep water production; (2) the Alaska offshore royalty suspension; (3) oil and gas leasing in the National Petroleum Reserve in Alaska; (4) management of federal oil and gas leasing programs; (5) oil and gas research programs); and (6) ultra-deepwater and unconventional natural gas and other petroleum resources. Instructs the President to suspend royalty relief for production of crude oil or natural gas from federal lands during periods in which the average price has risen over specified amounts. Requires that specified increased revenues received in the Treasury as the result of the enactment of this Act be made directly available to the Secretary of Health and Human Services for obligation and expenditure under the Low Income Home Energy Assistance Act of 1981. Amends the Internal Revenue Code to provide a refundable tax credit for energy cost assistance for farmers and ranchers. Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish an Energy Emergency Grant Program to make grants to small business concerns that have suffered substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene.

To repeal provisions of the Energy Policy Act of 2005, and for other purposes.

That the Federal Election Campaign Act of 1971 is amended by adding at the end thereof the following new title: ``TITLE V--PUBLIC FINANCING OF ADVERTISING AND RELATED EXPENSES IN CAMPAIGNS FOR THE HOUSE OF REPRESENTATIVES ``campaign allotments ``Sec. 501. (a) Each candidate in an election for the office of Representative shall be entitled to-- ``(1) an allotment of ninety minutes of television time, divided as the candidate chooses provided that each appearance on television is at least five minutes long; ``(2) an allotment of one hundred and thirty-five minutes of radio time, divided as the candidate chooses provided that each appearance on radio is at least five minutes long; ``(3) an allotment of one hundred and twenty-six column inches or one page, whichever is greater, of newspaper advertising, divided as the candidate chooses provided that no individual advertisement uses less than ten column inches; or ``(4) an allotment of any costs incurred in the installation of telephones and other equipment for a question- and-answer format if such a format is used during the candidate's allotted time on television or radio. ``(b) Payment shall be made for such allotments by the Secretary of the Treasury, as provided in section 504. ``eligibility ``Sec. 502. (a) A candidate for the office of Representative may become eligible to receive a campaign allotment under this title-- ``(1) in the case of the allotments under paragraphs (1) through (4) of section 501(a), by arranging in advance for each advertisement that will be made on television, on radio, and in newspapers, and each installation of telephones and other equipment, and by submitting to the Commission, not later than ten days before the election for which such advertisements are made, a schedule of such advertisements and installations, as provided in section 503(a); or ``(2) by certifying to the Commission, under penalty of perjury, that such candidate will not make expenditures from his personal funds, the personal funds of his immediate family or funds donated to his campaign committee, for any of the purposes for which such candidate accepts a campaign allotment under this title. ``(b) A candidate who accepts any contribution from a multicandidate political committee with respect to an election shall not be eligible to receive a campaign allotment under this title with respect to such election. ``submission of charges to the commission ``Sec. 503. (a)(1) The schedule required to be submitted by section 502(a)(1) shall include a separate listing for the television allotment, the radio allotment, and the newspaper allotment, of-- ``(A) the date and time of each advertisement within such allotment; ``(B) the station or newspaper providing the time or space for such advertisement; ``(C) the amount of time or space that will be used in such advertisement; ``(D) the total amount of time or space that will be used for television, radio, and newspaper advertising; and ``(E) with respect to a television or radio advertisement involving the installation of telephones or other equipment, the name of the company providing such installation, and the cost of such installation. ``(2) Such schedule shall be in a form, as further prescribed by the Commission, which provides for a ranking within each of the television, radio, and newspaper allotments, of each advertisment. Each candidate submitting a schedule shall rank such advertisements in order of his preference, for purposes of any reduction of the maximum allotments that may be required under section 504(a)(2). ``(b)(1) Each station, newspaper, or company providing time, space, or service with respect to an allotment under paragraphs (1) through (4) of section 501(a) shall submit a report of charges to the Commission, as provided in paragraph (2). Such a station, newspaper, or company shall be guaranteed payment under section 504 only if such report is received by the Commission not later than ten days before the election. ``(2)(A) The report required by paragraph (1) shall include, in the case of an advertisement that will be broadcast or published, a listing of-- ``(i) the candidate for whom the time or space is provided; ``(ii) the date and time when each advertisement will be broadcast or published; ``(iii) the amount of time or space used; and ``(iv) the charge made for such advertisement. ``(B) The report required by paragraph (1) shall include, in the case of installation of telephones or equipment-- ``(i) the candidate for whom the installation is made; ``(ii) the advertisement in connection with which such equipment will be installed, identified by the date and time of such advertisement, and the station or newspaper, providing the time or space for such advertisement; and ``(iii) the charge for such installation. ``certification of charges to the secretary of the treasury ``Sec. 504. (a)(1)(A) The Commission shall certify to the Secretary of the Treasury a charge included in a report submitted under section 503(b) for payment, as soon as practicable after the date on which reports must be submitted under such section-- ``(i) if such charge is listed in the schedule submitted by the candidate for whom the time, space, or service is to be provided, and there is no discrepancy between the information relating to such charge provided with such report and provided with the schedule under section 503(a); ``(ii) if such charge, as represented on such schedule, is not for time or space in excess of the maximum allowed under paragraph (1), (2), or (3) of section 501(a); and ``(iii) to the extent that the rate charged is not, in the case of a television or radio station, in excess of the limits imposed by section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)), in the case of a newspaper, in excess of the limits imposed by section 318(b), and in the case of a company providing installation service, in excess of the amount charged for comparable service in the district where such installation is provided. ``(B) At the time of the certification of a charge under this subsection the Commission shall immediately notify the station, newspaper, or company that its charge has been certified and that payment will be made by the Secretary of the Treasury not later than thirty days from date of certification. ``(C)(i) In any case in which the Commission fails to certify a charge because one of the conditions set forth in clause (i) or (ii) of subparagraph (A) has not been met, the Commission shall immediately notify the candidate and the station, newspaper, or company involved of such action, and such parties shall be allowed ten days after such notification to submit amended schedules and reports, in a manner prescribed by the Commission. ``(ii) In any case in which the Commission fails to certify part of a charge because it is excessive under clause (iii) of subparagraph (A), it shall immediately notify the station or newspaper affected of such action, and shall provide such station or newspaper with a hearing. ``(D) The Commission shall certify any charge submitted later than ten days before the election only to the extent that the time, space, or service for which such charge is made does not exceed the limits imposed by section 501(a). ``(2) The Commission shall certify charges to the Secretary of the Treasury for payment under this subsection only to the extent provided in appropriation Acts. If at the time that reports are required to be submitted under section 503(b)(1) the total of all charges submitted with respect to the allotments under paragraphs (1) through (4) of section 501(a) exceeds the amount appropriated for such purposes, the Commission shall certify charges as follows: ``(A) The Commission shall determine the percentage by which the total amount of charges submitted must be reduced in order to make such total equal to the amount appropriated. ``(B) The Commission shall reduce the amount of time and space requested by each candidate for each allotment under paragraphs (1) through (3) of section 501(a) by the percentage determined under subparagraph (A), according to the ranking made by each such candidate in his schedule. ``(C) The Commission shall certify the charges selected under subparagraph (B) to the Secretary of the Treasury for payment, and shall promptly notify each station, newspaper, and company, and each candidate of such selections. The determination, reduction, and notification shall, when required by this section, be made by the Commission not later than three days after the date on which reports are required to be submitted under section 503(b)(1). ``(3) There are authorized to be appropriated for each fiscal year beginning with the fiscal year beginning on October 1, 1991, such funds as are necessary to make the payments required by this subsection. ``(b)(1) The Commission shall certify to the Secretary of the Treasury a charge under section 502(a)(2) for payment, as soon as practicable after the candidate's certification is submitted to the Commission, to the extent that such charge is not in excess of the amount to which the candidate submitting such charge is entitled under section 501(a), and only to the extent provided in prior appropriation Acts. ``(2) In any case in which the Commission fails to certify part of a charge under paragraph (1), it shall immediately notify the candidate of such action and provide a hearing to such candidate. ``(3) There are authorized to be appropriated for each fiscal year beginning with the fiscal year beginning on October 1, 1991, such funds as are necessary for the purposes of this subsection. ``definitions ``Sec. 505. As used in this title, the term-- ``(1) `candidate' means an individual who seeks election to the office of Representative, and who is qualified under State law to have his name placed on the ballot in the district in which he seeks election; ``(2) `column inch' means a newspaper column one inch deep; ``(3) `election' means a general or special election; ``(4) `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986; ``(5) `office of Representative' means the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and ``(6) `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States from which a Delegate or Resident Commissioner is elected to the Congress.''.

Amends the Federal Election Campaign Act of 1971 to provide for public financing of advertising (television, radio, and newspaper) and related expenses in campaigns for the House of Representatives. Makes candidates who accept campaign contributions from a multicandidate political committee ineligible for such financing. Requires charges for such advertising to be submitted to the Federal Election Commission, and in turn by the Commission to the Secretary of the Treasury.

To amend the Federal Election Campaign Act of 1971 to provide for public financing of advertising and related expenses in campaigns for the House of Representatives and to prohibit contributions by multicandidate political committees to candidates who accept such financing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Staffing Firm Worker Benefits Act of 1997''. SEC. 2. CODIFICATION OF EMPLOYER STATUS OF QUALIFIED STAFFING FIRM FOR EMPLOYMENT TAX PURPOSES. (a) Income Tax Withholding.--Section 3401(d) of the Internal Revenue Code is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``, and''; and (3) by adding at the end the following: ``(3) notwithstanding any provision in this subtitle to the contrary, in the case of a qualified staffing firm, described in section 7701(a)(47), paying wages to an individual performing services for a customer of such qualified staffing firm, the term `employer' means such qualified staffing firm (and not the customer).''. (b) FICA Tax.--Section 3121 of the Internal Revenue Code is amended by adding at the end the following: ``(z) Application to Qualified Staffing Firms.--In the case of a qualified staffing firm, described in section 7701(a)(47), paying wages to an individual performing services for a customer of such qualified staffing firm, the term `employer' means such qualified staffing firm (and not the customer), notwithstanding any provision in this subtitle to the contrary.''. (c) FUTA Tax.--Subsection (a) of section 3306 of the Internal Revenue Code is amended by adding at the end the following: ``In the case of a qualified staffing firm, described in section 7701(a)(47), paying wages to an individual performing services for a customer of such qualified staffing firm, the term `employer' means such qualified staffing firm (and not the customer), notwithstanding any provision in this subtitle to the contrary.''. (d) Definition--Subsection (a) of section 7701 of the Internal Revenue Code is amended by adding at the end the following paragraph-- ``(47) Qualified Staffing Firm.--The term `qualified staffing firm' means any person that is engaged in providing staffing services to a customer pursuant to a service contract, and that with respect to a worker performing services for the customer who is covered by the contract-- ``(A) Assumes responsibility for payment of wages to the worker, without regard to the receipt or adequacy of payment from the customer for such services, ``(B) Assumes responsibility for reporting, withholding, and paying any applicable taxes under Chapters 21, 23, and 24, with respect to the worker's wages, without regard to the receipt of adequacy of payment from the customer for such services, ``(C) Assumes responsibility for any worker benefits that may be required by the service contract, without regard to the receipt or adequacy of payment from the customer for such services, ``(D) Assumes authority to hire, reassign, and dismiss the worker and has the contractural right to exercise this authority independent of the customer, ``(E) Maintains employee records relating to the worker, and ``(F) Assumes responsibility for addressing the worker's complaints, claims, filings, or requests relating to employment, except as otherwise provided by applicable collective bargaining agreements, if any, notwithstanding that some or all of the actions described in this subparagraph may be shared by the customer.''. SEC. 3. CODIFICATION OF EMPLOYER STATUS OF QUALIFIED STAFFING FIRM FOR PURPOSES OF PROVIDING EMPLOYEE BENEFITS. Paragraph (20) of section 7701(a) of the Internal Revenue Code is amended-- (1) by redesignating the text of such paragraph as subparagraph (A); (2) by adding the heading ``(A) Full-time life insurance salesman.--'' at the start of new subparagraph (A); and (3) by adding at the end of paragraph (20) the following: ``(B) Individual covered by qualified staffing firm contract.--For the purpose of applying the provisions of section 79 with respect to group-term insurance purchased for employees, for the purpose of applying the provisions of sections 104, 105, and 106 with respect to accident and health insurance or accident and health plans, for the purpose of applying the provisions of this title with respect to contributions to or under a trust which is a part of a plan described in section 401(a) (other than a defined benefit plan), or to or under a plan described in section 403(a) (other than a defined benefit plan), including for this purpose elective contributions under section 401(k) and employee contributions and matching contributions under section 401(m), with respect to a tax-exempt status of a trust forming a part of such plan, and with respect to the tax-exempt status of a trust forming a part of such plan, and with respect to distributions under such a plan, or by a trust forming part of such a plan, for the purpose of applying section 125 with respect to cafeteria plans, for the purpose of applying section 127 with respect to educational assistance programs, for the purpose of applying section 129 with respect to dependent care assistance programs, for the purpose of applying the provisions of section 414(n), and for the purpose of applying the provisions listed in section 414(n)(3), with respect to such other benefits, plans, or programs as are described in section 414(n)(3), the term `employee' shall include, with respect to a qualified staffing firm, any individual whose employer is considered to be the qualified staffing firm for the purpose of Chapters 21, 23, and 24. For these purposes, a change in the employment relationship between an individual and a qualified staffing firm or between the individual and a customer or former customer of the qualified staffing firm, as the cause may be, whereby the individual becomes or ceases to be an employee of the qualified staffing firm under this subparagraph, shall be treated as the termination of employment and separation from service by the individual from the employment or service of the qualified staffing firm's customer or the qualified staffing firm, as the case may be.''. SEC. 4. COVERAGE OF LEASED EMPLOYEES IN EMPLOYMENT BENEFIT PLANS. (a) Application of Requirements Concerning Cash or Deferred Arrangements, Matching Contributions, and Employee Contributions to Leased Employees.--Section 414(n)(3)(B) is amended by inserting ``401(k), 401(m)'' before ``408(k)''. (b) Special Rules for Leasing Organization's Plan.--Section 414(n) is amended-- (1) by renumbering paragraph (6) as paragraph (7); and (2) by inserting the following as paragraph (6): ``(6) Leasing organization's plan.-- ``(A) Elective disaggregation.-- ``(i) General rule.--A leasing organization that is a qualified staffing firm may elect, for any year, to have a plan that it sponsors and that is described in section 401(a) or 403(a) treated as maintained by more than one employer for purposes of applying sections 410(b) and 401(a)(4). For these purposes, (I) all the employees who perform services directly for a recipient and related persons and who would be treated as leased employees of the recipient but for the requirements of paragraph (2)(B), shall be treated as employed by that recipient, and (II) all employees who do not meet the requirements of subclause (I) shall be treated as employed by the leasing organization. Such leasing organization may also elect, for any year, to have a plan that is subject to section 105(h)(3) and (4), or to section 125(c), tested on a comparable basis under section 105(h)(3) and (4), or under section 125(c), as the case may be. ``(ii) Special rules.--A leasing organization electing under this paragraph (6)(A) may, under regulations prescribed by the Secretary, elect in the alternative to have subclause (I) of paragraph (6)(A)(i) applied (I) to all employees who perform services directly for the recipient and the related persons, whether or not they would be treated as leased employees of the recipient, or (ii) only with respect to selected recipients and related persons. Notwithstanding the foregoing, in the event that a five-percent owner (as defined in section 416(i)) of a recipient is covered by a plan described in paragraph (6)(A)(i), then such leasing organization shall be deemed to have elected disaggregation in accordance with subclause (ii) of this clause with respect to such recipient and related persons. ``(iii) Effect of disqualification.--If the plan of a leasing organization electing under this paragraph (6)(A) fails to satisfy the requirements of section 410(b) or section 401(a)(4) with respect to the person deemed to be the employer under paragraph (6)(A), only that portion of the plan that is treated under paragraph (6)(A) as maintained by such person shall be disqualified. ``(iv) Treatment of related persons.--For purposes of this subparagraph (A), the term ``recipient'' shall not include any person that is a related person with respect to the leasing organization. ``(B) Highly compensated employees.--Whether or not the leasing organization makes an election under subparagraph (A), section 414(q) shall be applied to employees of a leasing organization that is a qualified staffing firm by treating the employees who perform services for a recipient or related persons and who would be leased employees of the recipient but for the requirements of paragraph (2)(B) as employed by, and receiving compensation from, the recipient or the related person for purposes of determining whether the employees are highly compensated employees of the leasing organization.''. SEC. 5. REVISIONS TO SAFE HARBOR PROVISION. (a) Revisions to Safe Harbor Plan Requirements.--Subparagraph (B) of section 414(n)(5) of the Internal Revenue Code is amended to read as follows: ``(B) Plan Requirements.--A plan meets the requirements of this subparagraph if-- ``(i) such plan is a money purchase pension plan or a profit-sharing plan, with a nonintegrated employer contribution rate for each participant which is at least 7.5 percent of that portion of the participant's compensation attributable to services performed for the recipient, and which is not dependent on the current or accumulated points of the leasing organization or on whether the participant makes an elective contribution or employee contribution to such plan. ``(ii) such plan provides for full and immediate vesting, ``(iii) if the plan is a profit-sharing plan, such plan meets the distribution requirements of section 401(k)(2)(B) with respect to all employer contributions, and ``(iv) each employee of the leasing organization who performs services for the recipient immediately participates in such plan.''. (b) Extension of Safe Harbor Rule to Additional Employee Benefits.--Paragraph (5) of Section 414(n) of the Internal Revenue Code is amended by adding at the end the following: ``(D) Special rule for additional employee benefits.--To the extent provided for in regulations issued by the Secretary, in the case of a requirement described in subparagraph (C) of paragraph (3), this subsection shall not apply to any leased employee with respect to service performed for a recipient if-- ``(i) such employee is covered by a plan for an arrangement that is maintained by the leasing organization and that meets such requirements as the Secretary shall prescribe in regulations, and ``(ii) leased employees (determined without regard to this paragraph) do not constitute more than 20 percent of the recipient's nonhighly compensated work force.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act. In the case of a plan that covers employees of a qualified staffing firm who are providing services for a customer pursuant to a service contract and that was adopted and in effect before the date of enactment of this Act, such amendments shall not take effect until the first day of the first plan year that begins after the date of enactment of this Act, and the plan shall not be required to be amended to reflect this Act until the end of such plan year.

Staffing Firm Worker Benefits Act of 1997 - Amends the Internal Revenue Code to define "employer," in the case of a qualified staffing firm, as the employer of individuals performing services for a customer of the firm for purposes of provisions relating to: (1) collection of income tax at source on wages; (2) the Federal Insurance Contributions Act; and (3) the Federal Unemployment Tax Act. Defines a "qualified staffing firm" as any person engaged in providing staffing services to a customer under a service contract if, regarding a worker performing services for the customer covered by the contract, the firm has responsibility for payment of wages, handles withholding taxes and benefits, has authority to hire, reassign and dismiss, maintains employee records, and has responsibility for addressing the worker's complaints, claims, filings, or employment-related requests. (Sec. 3) Includes in the definition of "employee," for specified provisions relating to various employee benefits, any individual whose employer is a qualified staffing firm. Treats certain changes in the employment relationship between an individual and a qualified staffing firm (or its customer or former customer) as a termination of employment from the firm (or the customer). (Sec. 4) Treats a leased employee as an employee of the recipient of the employee's services and treats contributions or benefits provided by the recipient as provided by the recipient for purposes of provisions relating to qualified pension, profit-sharing, and stock bonus plans. Sets forth special rules applicable to the leasing organization's plans. (Sec. 5) Revises leased employee safe harbor requirements.

Staffing Firm Worker Benefits Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep America Competitive Tax Credit Act of 2006''. SEC. 2. TAX CREDITS FOR CATASTROPHIC HEALTH CARE COSTS. (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. 45N. CATASTROPHIC HEALTH CARE COSTS. ``(a) General Rule.--For purposes of section 38-- ``(1) in the case of an eligible employer, the catastrophic health care employer credit determined under this section for any taxable year is an amount equal to 50 percent of the employee catastrophic health care costs paid or incurred by the taxpayer during the taxable year, and ``(2) in the case of an eligible health insurance issuer, the catastrophic health care pooling credit determined under this section for any taxable year is an amount equal to 50 percent of the insurer catastrophic health care costs paid or incurred by the taxpayer during the taxable year. ``(b) Catastrophic Health Care Costs.--For purposes of this section-- ``(1) Employee catastrophic health care costs.--The term `employee catastrophic health care costs' means, with respect to any taxable year, costs for medical care (as defined in section 9832(d)(3)) provided through a group health plan to qualified employees and retired qualified employees, and dependents thereof, but only with respect to such costs which exceed $50,000, on an individual basis. ``(2) Insurer catastrophic health care costs.--The term `insurer catastrophic health care costs' means, with respect to any taxable year, claims for medical care (as defined in section 9832(d)(3)) provided under health insurance policies for customers in the large group market, small group market, and the individual market, but only with respect to such claims which exceed $50,000, on an individual basis. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2007, the $50,000 amount in paragraphs (1) and (2) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(c) Eligible Employer.--For purposes of this section, the term `eligible employer' means, with respect to any taxable year, any employer which-- ``(1) offered coverage for employee catastrophic health care costs during the entire preceding taxable year, and ``(2) make efforts to improve employees' health and wellness and to reduce costs through offering wellness plans, disease management, and other employee benefit programs. ``(d) Eligible Health Insurance Issuer.--For purposes of this section, the term `eligible health insurance issuer' means, with respect to any taxable year, any health insurance issuer which-- ``(1) provides wellness plans to customers, and ``(2) provides a mechanism acceptable to the Secretary for determining that such issuer has passed through the credit allowed under this section with respect to any insurance line to all policyholders of such insurance line. ``(e) Qualified Employee.--For purposes of this section-- ``(1) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if such employee is not enrolled for-- ``(A) any benefits under title XVIII, XIX, or XXI of the Social Security Act, or ``(B) any other publicly-sponsored health insurance program, which provides coverage for employee catastrophic health care costs. ``(2) Treatment of certain employees.--For purposes of paragraph (1), the term `employee'-- ``(A) shall not include an employee within the meaning of section 401(c)(1), and ``(B) shall include a leased employee within the meaning of section 414(n). ``(f) Wellness Plan.--For purposes of this section, the term `wellness plan' means any employee benefit program which helps to reduce or to manage chronic conditions, including heart disease, cancer, stroke, diabetes, chronic obstructive pulmonary disease, and asthma. ``(g) Health Plan Definitions.--For purposes of this section-- ``(1) Group health plan.--The term `group health plan' has the meaning given such term by section 607(1) of the Employee Retirement Income Security Act of 1974, but does not include any plan which may be offered in the small group market or the individual market. ``(2) Other definitions.--The terms `health insurance issuer', `individual market', `large group market', and `small group market' have the meanings given such terms by section 2791 of the Public Health Service Act. ``(h) Portion of Credit Made Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under subsection (a)(1) without regard to this subsection and the limitation under section 38(c), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 38(c) for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection (a) without regard to section 38(c). ``(2) Employer payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by-- ``(i) section 3111(b), and ``(ii) sections 3211(a) and 3221(a) (determined at a rate equal to the rate under section 3111(b)). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(i) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(31) the credit determined under section 45N(a)(2).''. (c) Credit Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 (defining specified credits) is amended by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the credit determined under section 45N(a)(2).''. (d) Conforming Amendments.-- (1) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45N. Catastrophic health care costs.''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 45N(a)(1) of such Code''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2006. (f) Continuing Evaluations and Reports to Congress.-- (1) Initial evaluation.--Not later than 1 year after the first taxable year in which a credit under section 45N of the Internal Revenue Code of 1986 (as added by this section) is allowed, the Secretary of Labor shall review and make recommendations to Congress on-- (A) problems that employers and insurers are having in accessing such credit, (B) how to expand the availability of such credit to such employers and insurers, and (C) how to make such credit more responsive to the needs of such employers and insurers. Such review shall include how to make the credit more accessible to employers with a high ratio of retirees to active employees, with a high number of retirees not eligible for Medicare, with a history of providing retiree health care coverage, and with a history of employing wellness and similar health benefits to reduce chronic conditions. (2) Continuing evaluation.--Not later than 4 years and 8 years after the date of the report required under paragraph (1), the Secretaries of Labor and Health and Human Services shall evaluate and report to Congress on the effect of the credit under section 45N of such Code and include in such report consideration of the following: (A) Has the availability of such credit increased health insurance coverage? (B) Has such availability made health insurance more affordable? (C) Has such availability helped employers retain benefits? (D) Has such availability had any effect on reducing chronic conditions? (E) What effect has such credit had on State insurance markets and State high risk pools.

Keep America Competitive Tax Credit Act of 2006 - Amends the Internal Revenue Code to allow certain employers and health insurance issuers a tax credit for up to 50% of employee catastrophic health care costs (i.e., costs exceeding $50,000 per employee).

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to employers for employee catastrophic health care costs and to health insurance companies for insurer catastrophic health care costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health Care Capacity Enhancement Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Mental health treatment capacity at community-based outpatient clinics remains inadequate and inconsistent, despite the requirement under section 1706(c) of title 38, United States Code, that every primary care health care facility of the Department of Veterans Affairs develop and carry out a plan to meet the mental health care needs of veterans who require such services. (2) In 2001, the minority staff of the Committee on Veterans' Affairs of the Senate conducted a survey of community-based outpatient clinics and found that there was no established systemwide baseline of acceptable mental health service levels at such clinics. (3) In 2004, the Department of Veterans Affairs workgroup on mental health care, which developed and submitted a Comprehensive Mental Health Strategic Plan to the Secretary of Veterans Affairs, found service and funding gaps within the Department of Veterans Affairs health care system, and made numerous recommendations for improvements. As of May 2005, Congress had not received a final report on the workgroup's findings. (4) In February 2005, the Government Accountability Office reported that the Department of Veterans Affairs had not fully met any of the 24 clinical care and education recommendations made in 2004 by the Special Committee on Post-Traumatic Stress Disorder of the Under Secretary for Health, Veterans Health Administration. SEC. 3. REQUIRED CAPACITY FOR COMMUNITY-BASED OUTPATIENT CLINICS. (a) Strengthening of Performance Measures for Mental Health Programs.--Section 1706(b)(6) of title 38, United States Code, is amended by adding at the end the following: ``(D) The Under Secretary shall include, as goals in the performance contracts entered into with Network Directors to prioritize mental health services-- ``(i) establishing appropriate staff-patient ratio levels for various programs (including mental health services at community-based outpatient clinics); ``(ii) fostering collaborative environments for providers; and ``(iii) encouraging clinicians to conduct mental health consultations during primary care visits.''. (b) Inflationary Indexing of Capacity Requirements.--Section 1706(b) of title 38, United States Code, is amended by adding at the end the following: ``(7) For the purposes of meeting and reporting on the capacity requirements under paragraph (1), the Secretary shall ensure that the funding levels allocated for specialized treatment and rehabilitative services for disabled veterans are adjusted for inflation each fiscal year.''. (c) Mental Health and Substance Abuse Services.--Section 1706(c) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``The Secretary''; and (2) by adding at the end the following: ``(2) The Secretary shall ensure that not less than 90 percent of community-based outpatient clinics have the capacity to provide onsite, contract-referral, or tele-mental health services-- ``(A) for at least 10 percent of all clinic visits by not later than September 30, 2006; and ``(B) for at least 15 percent of all clinic visits by not later than September 30, 2007. ``(3) The Secretary shall ensure that not less than 2 years after the date of enactment of this paragraph-- ``(A) each primary care health care facility of the Department has the capacity and resources to provide not less than 5 days of inpatient, residential detoxification services onsite or at a nearby contracted or Department facility; and ``(B) a case manager is assigned to coordinate follow up outpatient services at each community-based outpatient clinic.''. (d) Reporting Requirement.--Not later than January 31, 2008, the Secretary of Veterans Affairs shall submit a report to Congress that-- (1) describes the status and availability of mental health services at community-based outpatient clinics; (2) describes the substance of services available at such clinics; (3) includes the ratios between mental health staff and patients at such clinics; and (4) includes the certification of the Inspector General of the Department of Veterans Affairs. SEC. 4. COOPERATION ON MENTAL HEALTH AWARENESS AND PREVENTION. (a) Agreement.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a Memorandum of Understanding-- (1) to ensure that separating servicemembers receive standardized individual mental health and sexual trauma assessments as part of separation exams; and (2) includes the development of shared guidelines on how to conduct the assessments. (b) Establishment of Joint VA-DoD Workgroup on Mental Health.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint workgroup on mental health, which shall be comprised of not less than 7 leaders in the field of mental health appointed from their respective departments. (2) Study.--Not later than 1 year after the establishment of the workgroup under paragraph (1), the workgroup shall analyze the feasibility, content, and scope of initiatives related to-- (A) combating stigmas and prejudices associated with servicemembers who suffer from mental health disorders or readjustment issues, through the use of peer counseling programs or other educational initiatives; (B) ways in which the Department of Veterans Affairs can make their expertise in treating mental health disorders more readily available to Department of Defense mental health care providers; (C) family and spousal education to assist family members of veterans and servicemembers to recognize and deal with signs of potential readjustment issues or other mental health disorders; and (D) seamless transition of servicemembers who have been diagnosed with mental health disorders from active duty to veteran status (in consultation with the Seamless Transition Task Force and other entities assisting in this effort). (3) Report.--Not later than June 30, 2007, the Secretary of Defense and the Secretary of Veterans Affairs shall submit a report to Congress containing the findings and recommendations of the workgroup established under this subsection. SEC. 5. PRIMARY CARE CONSULTATIONS FOR MENTAL HEALTH. (a) Guidelines.--The Under Secretary for Health, Veterans Health Administration, shall establish systemwide guidelines for screening primary care patients for mental health disorders and illnesses. (b) Training.--Based upon the guidelines established under subsection (a), the Under Secretary for Health, Veterans Health Administration, shall conduct appropriate training for clinicians of the Department of Veterans Affairs to carry out mental health consultations.

Veterans Mental Health Care Capacity Enhancement Act of 2005 - Requires the Under Secretary for Health for the Veterans Health Administration of the Department of Veterans Affairs to include as goals in performance contracts for prioritizing mental health services to veterans: (1) establishing appropriate staff-patient ratio levels; (2) fostering collaborative environments for providers; and (3) encouraging clinicians to conduct mental health consultations during primary care visits. Directs the Secretary of Veterans Affairs to ensure that not less than 90 percent of Department community-based outpatient clinics have the capacity to provide on-site, contract-referral, or tele-mental health services for at least: (1) ten percent of all clinic visits by no later than September 30, 2006; and (2) 15 percent of all clinic visits by no later than September 30, 2007. Directs the Secretaries of Defense and Veterans Affairs to enter into a memorandum of understanding to ensure interdepartmental cooperation on mental health awareness and mental illness prevention. Requires the Under Secretary to establish system-wide guidelines for screening primary care patients for mental health disorders and illnesses.

A bill to improve mental health services at all facilities of the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boys Town Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Boys Town is a nonprofit organization dedicated to saving children and healing families, nationally headquartered in the village of Boys Town, Nebraska; (2) Father Flanagan's Boys Home, known as ``Boys Town'', was founded on December 12, 1917, by Servant of God Father Edward Flanagan; (3) Boys Town was created to serve children of all races and religions; (4) news of Father Flanagan's work spread worldwide with the success of the 1938 movie, ``Boys Town''; (5) after World War II, President Truman asked Father Flanagan to take his message to the world, and he traveled the globe visiting war orphans and advising government leaders on how to care for displaced children; (6) Boys Town has grown exponentially, and now provides care to children and families across the country in 11 regions, including California, Nevada, Texas, Nebraska, Iowa, Louisiana, North Florida, Central Florida, South Florida, Washington, DC, New York, and New England; (7) the Boys Town National Hotline provides counseling to more than 150,000 callers each year; (8) the Boys Town National Research Hospital is a national leader in the field of hearing care and research into Usher Syndrome; (9) each year, Boys Town programs impact the lives of more than 2,000,000 children and families across America; and (10) December 12th, 2017, will mark the 100th Anniversary of Boys Town, Nebraska. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, 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) In General.--The design of the coins minted under this Act shall be emblematic of the 100 years of one of the largest nonprofit child care agencies in the United States, Boys Town. (b) Designation and Inscriptions.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2017''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Executive Director of Boys Town and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2017, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by 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 Boys Town, which funds will be made available to promote and provide for the cause of Boys Town, to care and assist children and families in underserved communities across America. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Father Flanagan's Boys Town 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 programs issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection.

Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018. Requires all such coin sales to include a surcharge of $10 per coin. Requires all surcharges received by the Secretary from coin sales to be paid to Boys Town to: (1) promote and provide for the cause of Boys Town, and (2) care and assist children and families in underserved communities across America.

A bill to authorize the minting of a coin in honor of the Centennial of Boys Town, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TRICARE Continuity of Coverage for National Guard and Reserve Families Act of 2008''. SEC. 2. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON- REGULAR RETIREMENT BUT ARE NOT YET AGE 60. (a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1076d the following new section: ``Sec. 1076e. TRICARE program: TRICARE standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60 ``(a) Eligibility.--(1) Except as provided in paragraph (2), a member of the Retired Reserve of a Reserve component of the Armed Forces who is qualified for a non-regular retirement at age 60 under chapter 1223, but is not age 60, is eligible for health benefits under TRICARE Standard as provided in this section. ``(2) Paragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5. ``(b) Termination of Eligibility Upon Obtaining Other TRICARE Standard Coverage.--Eligibility for TRICARE Standard coverage of a member under this section shall terminate upon the member becoming eligible for TRICARE Standard coverage at age 60 under section 1086 of this title. ``(c) Family Members.--While a member of a Reserve component is covered by TRICARE Standard under the section, the members of the immediate family of such member are eligible for TRICARE Standard coverage as dependents of the member. If a member of a Reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Standard coverage under this section shall continue for the same period of time that would be provided under section 1086 of this title if the member had been eligible at the time of death for TRICARE Standard coverage under such section (instead of under this section). ``(d) Premiums.--(1) A member of a Reserve component covered by TRICARE Standard under this section shall pay a premium for that coverage. ``(2) The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Standard coverage of members without dependents and one premium for TRICARE Standard coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply uniformly to all covered members of the Reserve components covered under this section. ``(3) The monthly amount of the premium in effect for a month for TRICARE Standard coverage under this section shall be the amount equal to the cost of coverage that the Secretary determines on an appropriate actuarial basis. ``(4) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. ``(5) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year. ``(e) Regulations.--The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. ``(f) Definitions.--In this section: ``(1) The term `immediate family', with respect to a member of a Reserve component, means all of the member's dependents described in subparagraphs (A), (D), and (I) of section 1072(2) of this title. ``(2) The term `TRICARE Standard' means-- ``(A) medical care to which a dependent described in section 1076(a)(2) of this title is entitled; and ``(B) health benefits contracted for under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1076d the following new item: ``1076e. TRICARE program: TRICARE standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60.''. (c) Effective Date.--Section 1076e of title 10, United States Code, as inserted by subsection (a), shall apply to coverage for months beginning on or after October 1, 2009, or such earlier date as the Secretary of Defense may specify.

TRICARE Continuity of Coverage for National Guard and Reserve Families Act of 2008 - Makes a member of the Retired Reserve who is qualified for a non-regular (reserve) retirement at age 60, but is not yet 60, eligible for health benefits under TRICARE Standard (a Department of Defense (DOD) managed health care program for members of the reserves). Terminates such eligibility when the member becomes eligible for TRICARE Standard at age 60. Includes immediate family members under such coverage. Requires members to pay a premium for such coverage.

To amend title 10, United States Code, to provide for continuity of TRICARE Standard coverage for certain members of the Retired Reserve.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains Sunset Act''. SEC. 2. 100 PERCENT CAPITAL GAINS DEDUCTION. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1201. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer has a net capital gain, 100 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rules.-- ``(1) In general.--In the case of a taxable year which includes January 1, 2005-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after January 1, 2002, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Long-term capital gains.--The deduction allowed by section 1201.'' (c) Technical and Conforming Changes.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 12 of such Code is amended by striking paragraph (4) and redesignating the following paragraphs accordingly. (3)(A) Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (4) The first sentence of paragraph (1) of section 170(e) of such Code is amended by striking ``reduced by the sum of--'' and all that follows and inserting ``reduced by the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value (determined at the time of such contribution).'' (5) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses.-- ``(A) Losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets. ``(B) Deduction for capital gains.--The deduction under section 1201 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the deduction under section 1201 shall be taken into account.'' (7) Paragraph (2) of section 468B(b) of such Code is amended by inserting ``the deduction allowed by section 1201 and by'' after ``reduced by''. (8) Paragraph (2) of section 527(b) such Code is hereby repealed. (9) Subparagraph (A) of section 641(d)(2) of such Code is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (10) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1201 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (11) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1201 (relating to capital gains deduction) shall not be taken into account.'' (12) Subparagraph (C) of section 643(a)(6) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1201 (relating to capital gains deduction) shall not be taken into account''. (13) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h), 1201, 1202'' and inserting ``1201''. (14) Paragraph (2) of section 801(a) of such Code is hereby repealed. (15) Subsection (c) of section 831 of such Code is amended by striking paragraph (1) and redesignating the following paragraphs accordingly. (16)(A) Paragraph (3) of section 852(b) of such Code is amended by striking subparagraph (A). (B) Subparagraph (D) of section 852(b)(3) of such Code is amended-- (i) in clause (i) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed that part of the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only) which he would have received if all of such amount had been distributed as capital gain dividends by the company to the holders of such shares at the close of its taxable year.'', and (ii) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii). (17)(A) Paragraph (2) of section 857(b) of such Code is amended by adding at the end the following new subparagraph: ``(G) There shall be excluded the amount of the net capital gain, if any.'' (B) Paragraph (3) of section 857(b) of such Code is amended by striking subparagraph (A). (C) Subparagraph (C) of section 857(b)(3) of such Code is amended by striking ``the excess described in subparagraph (A)(ii) of this paragraph'' and inserting ``the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only)''. (18) The second sentence of section 871(a)(2) of such Code is amended by striking ``1202'' and inserting ``1201''. (19) Paragraph (1) of section 882(a) of such Code is amended by striking ``section 11, 55, 59A, or 1201(a)'' and inserting ``section 11, 55, or 59A''. (20)(A) Paragraph (2) of section 904(b) of such Code is amended to read as follows: ``(2) Capital gains.--Taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Paragraph (3) of section 904(b) of such Code is amended by striking subparagraphs (B), (D), and (E) and by redesignating subparagraph (C) as subparagraph (B). (21) Section 1202 of such Code is hereby repealed. (22) Subsection (b) of section 1374 of such Code is amended by striking paragraph (4). (23) Subsection (b) of section 1381 of such Code is amended by striking ``or 1201''. (24) Paragraph (1) of section 1402(i) of such Code is amended by inserting ``, and the deduction provided by section 1201 shall not apply'' before the period at the end thereof. (25) Subsection (e) of section 1445 of such Code is amended-- (A) in paragraph (1) by striking ``35 percent (or, to the extent provided in regulations, 28 percent)'' and inserting ``the rate specified by the Secretary'', and (B) in paragraph (2) by striking ``35 percent'' and inserting ``the rate specified by the Secretary''. (26) Clause (i) of section 6425(c)(1)(A) of such Code is amended by striking ``or 1201(a)''. (27) Clause (i) of section 6655(g)(1)(A) of such Code is amended by striking ``or 1201(a)''. (28)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (29) The table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1201. Capital gains deduction.'' (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2004. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) shall apply to taxable years beginning after December 31, 2004. (3) Contributions.--The amendment made by subsection (c)(4) shall apply only to contributions on or after January 1, 2005. (4) Withholding.--The amendment made by subsection (c)(25) shall apply only to amounts paid after the date of the enactment of this Act. (5) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1201 of the Internal Revenue Code of 1986 (as added by this section).

Capital Gains Sunset Act - Amends the Internal Revenue Code to eliminate taxes on net capital gains as of tax year 2005.

To amend the Internal Revenue Code of 1986 to eliminate taxes on capital gains after December 31, 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory Foreclosure Mediation Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Alternative to foreclosure.--The term ``alternative to foreclosure''-- (A) means a course of action with respect to a mortgage offered by a servicer to a borrower as an alternative to a covered foreclosure action; and (B) includes a short sale and a deed in lieu of foreclosure. (2) Borrower.--The term ``borrower'' means a mortgagor under a mortgage who is in default or at risk of imminent default, as determined by the Secretary through regulations. (3) Foreclosure action.--The term ``foreclosure action'' means a judicial or nonjudicial foreclosure. (4) Loan modification program.--The term ``loan modification program'' means a program or procedure designed to change the terms of a mortgage in the case of the default, delinquency, or imminent default or delinquency of a mortgagor, including a loan modification program established by a servicer that reduces the principal owed by the mortgagor on the mortgage. (5) Mortgage.--The term ``mortgage'' means a federally related mortgage loan, as defined in section 3(1) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), that is secured by a first or subordinate lien on residential real property. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (7) Servicer.--The term ``servicer''-- (A) has the same meaning as in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)); and (B) includes a person responsible for servicing a pool of mortgages. SEC. 3. MEDIATION REQUIRED BEFORE FORECLOSURE. (a) Initiation of Foreclosure Actions.--A servicer may not initiate a foreclosure action against a borrower unless the servicer has-- (1) made a reasonable effort to initiate mediation proceedings in accordance with the process established in regulations prescribed pursuant to subsection (c) to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; and (2) offered the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for the loan modification or alternative to foreclosure. (b) Suspension of Foreclosure Actions.-- (1) In general.--A servicer shall suspend a foreclosure action that was initiated before the date of enactment of this Act until the servicer-- (A) completes a mediation proceeding in accordance with the process established in regulations prescribed pursuant to subsection (c) to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; and (B) offers the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for a loan modification or an alternative to foreclosure. (2) Suspension.--During the period of the suspension under paragraph (1), a servicer may not-- (A) send a notice of foreclosure to a borrower; (B) conduct or schedule a sale of the real property securing the mortgage of the borrower; or (C) cause final judgment to be entered against the borrower. (3) Reasonable efforts.--A servicer is not required to suspend a foreclosure action under paragraph (1) if the servicer-- (A) makes a reasonable effort to schedule a mediation proceeding to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; and (B) documents that the borrower has not agreed to a mediation proceeding to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. (4) Rule of construction.--Nothing in this section may be construed to require a servicer to delay an unavoidable foreclosure, such as foreclosure that results from a borrower abandoning the residential real property securing a mortgage. (c) Establishment of Mediation Process.--The Secretary shall establish through regulations a mediation process to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure under this section. SEC. 4. BAR TO FORECLOSURE ACTIONS. (a) In General.--Subject to subsection (b), a violation of this Act shall be a bar to a foreclosure action. (b) Effect of Subsequent Compliance.--If a servicer is in compliance with this Act, the servicer may bring or proceed with a foreclosure action, without regard to a prior violation of this Act by the servicer. SEC. 5. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this Act. SEC. 6. REPORT. Each servicer that initiates mediation proceedings under section 3 shall submit to the Secretary a quarterly report at such time, in such manner, and containing such information, with respect to such proceedings, as the Secretary may require.

Mandatory Foreclosure Mediation Act - Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has: (1) made a reasonable effort to initiate mediation proceedings to determine if the borrower is eligible for a loan modification or an alternative to foreclosure; and (2) offered the borrower, if eligible, such a modification or alternative. Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until the servicer: (1) completes such a mediation proceeding; and (2) offers the borrower, if eligible, a modification or alternative. Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower. Directs the Secretary of Housing and Urban Development (HUD) to establish such a mediation process. Declares that a servicer is not required to suspend a foreclosure action if the servicer makes a reasonable effort to schedule a mediation proceeding and documents that the borrower has not agreed to one. Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation.

To establish a mandatory mediation process for servicers of residential mortgages and borrowers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ROV In-Depth Examination Act''. SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY. (a) No Mandatory Standards Regarding Performance or Configuration of ROVs.-- (1) In general.--The Consumer Product Safety Commission shall have no authority to establish any standards concerning the performance or configuration of recreational off-highway vehicles until after the completion of the study required by subsection (b). This prohibition includes a prohibition on the exercise of any authority pursuant to section 27(e) of the Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV manufacturers to provide performance and technical data to prospective purchasers and to the first purchaser of an ROV for purposes other than resale. (2) Voluntary standards.--Nothing in this section shall be construed as suggesting that ROVs shall not be manufactured in compliance with applicable voluntary standards. (b) Study.-- (1) In general.--The Commission shall contract with the National Academy of Sciences to determine-- (A) the technical validity of the lateral stability and vehicle handling requirements proposed by the Commission in a notice of proposed rulemaking published in the Federal Register November 19, 2014 (79 Fed. Reg. 68964), for purposes of reducing the risk of ROV rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements; (B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted; (C) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a vehicle's rollover resistance on a progressive scale; and (D) the effect on the utility of ROVs used by the Armed Forces if the proposed requirements were adopted. (2) Consultation and deadline for report.--The National Academy of Sciences shall consult with the National Highway Traffic Safety Administration and the Department of Defense in carrying out the study required by this subsection. The National Academy of Sciences shall complete and transmit to the Commission a report containing the findings of the study not later than two years after the date of enactment of this Act. (3) Report to congress.--Within five days of receiving the report described in paragraph (2) from the National Academy of Sciences, the Commission shall transmit the report, along with any comments of the Commission, to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Commerce, Science and Transportation of the Senate. (4) Consideration.--The Commission shall consider the results of the study in any subsequent rulemaking regarding the performance or configuration of ROVs, or the provision of point-of-sale information regarding ROV performance. (c) Definitions.--As used in this section: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Recreational off-highway vehicle.--The term ``recreational off-highway vehicle'' or ``ROV'' means a motorized off-highway vehicle designed to travel on four or more tires, intended by the manufacturer for recreational use by one or more persons and having the following characteristics: (A) A steering wheel for steering control. (B) Foot controls for throttle and service brake. (C) Non-straddle seating. (D) Maximum speed capability greater than 30 miles per hour. (E) Gross vehicle weight rating no greater than 3,750 pounds. (F) Less than 80 inches in overall width, exclusive of accessories. (G) Engine displacement equal to or less than 61 cubic inches for gasoline fueled engines. (H) Identification by means of a 17-character personal or vehicle information number. (3) Exclusion.--Such term does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.

ROV In-Depth Examination Act The Consumer Product Safety Commission shall have no authority to: (1) establish recreational off-highway vehicle (ROV) performance or configuration standards until the study required by this Act is completed, or (2) require ROV manufacturers to provide performance and technical data to prospective purchasers and to the first purchaser of an ROV for purposes other than resale. The Commission shall contract with the National Academy of Sciences to determine: the technical validity of the lateral stability and vehicle handling requirements proposed by the Commission for purposes of reducing the risk of ROV off-road rollovers, the number of ROV rollovers that would be prevented if the proposed requirements were adopted, whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a vehicle's rollover resistance on a progressive scale, and the effect on the utility of ROVs used by the Armed Forces if the proposed requirements were adopted.

ROV In-Depth Examination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Flexible Educational Assistance Act''. SEC. 2. TRANSFER OF ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. (a) All-Volunteer Force Educational Assistance Program.--Chapter 30 of title 38, United States Code, is amended-- (1) in the table of contents by striking the item relating to section 3020 and inserting the following: ``3020. Transfer of entitlement to basic educational assistance.''; (2) in section 3018-- (A) in subsection (c) by inserting ``or (e)'' after ``subsection (b)(1)''; and (B) by adding at the end the following new subsection: ``(e) An individual who made an election under section 3011(c)(1) or 3012(d)(1) may withdraw such election not later than one year after the date of enactment of this subsection if-- ``(1) the period described in section 3031 that is applicable to such individual has not expired; and ``(2) such individual elects to transfer entitlement to educational assistance under section 3020.''; (3) by amending section 3020 to read as follows: ``Sec. 3020. Transfer of entitlement to basic educational assistance ``(a) In General.--An individual who is entitled to basic educational assistance under this subchapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual's entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 3031 that is applicable to such individual. ``(b) Eligible Dependents.--An individual may transfer entitlement 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). ``(c) Designation of Transferee.--An individual transferring entitlement 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 such dependent. ``(d) Revocation and Modification.--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. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Commencement of Use.--If the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child-- ``(1) completes the requirements of a secondary school diploma (or equivalency certificate); or ``(2) attains 18 years of age. ``(f) Time Limitation for Use of Eligibility and Entitlement.-- Notwithstanding section 3031, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than the expiration date of a 20-year period beginning on the commencement date of the period described in section 3031 that is applicable to the individual who transferred such entitlement to the dependent. ``(g) Additional Administrative Matters.--(1) The use of any entitlement 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 subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom entitlement was transferred. ``(3)(A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 to the individual making the transfer. ``(B) The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of section 3032, except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used. ``(4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. ``(5) Notwithstanding subsection (f) and section 3031, 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) Except as provided in subsection (e), 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.--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. ``(i) Regulations.--The Secretaries concerned shall prescribe regulations for purposes of this section. ``(j) Annual Report.--Not later than January 31 of each calendar year (beginning in 2006), the Secretary of Defense, in consultation with the other Secretaries concerned, shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate a report on the number of individuals transferring entitlement to educational assistance under this section during the preceding fiscal year. ``(k) Secretary Concerned Defined.--Notwithstanding section 101(25), 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 Homeland Security when it is not operating as a service in the Navy.''; and (4) in section 3031(a) by inserting ``in section 3020 and'' after ``Except as provided''. (b) Educational Assistance for Members of the Selected Reserve.-- Chapter 1606 of title 10, United States Code, is amended-- (1) in the table of sections by adding at the end the following new item: ``16138. Transfer of entitlement to educational assistance.''; (2) in section 16133(a) by inserting ``and section 16138'' after ``subsection (b)''; (3) in section 16137 by inserting ``Each such report shall also include the number of members of the Selected Reserve of the Ready Reserve of each armed force transferring entitlement to educational assistance under section 16138.'' after ``those fiscal years.''; and (4) by adding at the end the following new section: ``Sec. 16138. Transfer of entitlement to educational assistance ``(a) In General.--An individual who is entitled to educational assistance under this chapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual's entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 16133 that is applicable to such individual. ``(b) Eligible Dependents.--An individual may transfer entitlement 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). ``(c) Designation of Transferee.--An individual transferring entitlement 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 such dependent. ``(d) Revocation and Modification.--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. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Commencement of Use.--If the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child-- ``(1) completes the requirements of a secondary school diploma (or equivalency certificate); or ``(2) attains 18 years of age. ``(f) Time Limitation for Use of Eligibility and Entitlement.-- Notwithstanding section 16133, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than-- ``(1) the expiration date of a 20-year period beginning on the commencement date of the period prescribed by section 16133(a)(1) that is applicable to the individual who transferred such entitlement to the dependent; or ``(2) the date that is 10 years after the date the individual who transferred such entitlement to the dependent is separated from the Selected Reserve, whichever occurs first. ``(g) Additional Administrative Matters.--(1) The use of any entitlement 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 subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom 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 amount payable under section 16131 to the individual making the transfer. ``(4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. ``(5) Notwithstanding subsection (f) and section 16133, 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) Except as provided in subsection (e), 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.--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 title 38. ``(i) Regulations.--The Secretaries concerned shall prescribe regulations for purposes of this section. ``(j) Secretary Concerned Defined.--Notwithstanding section 101(a)(9), 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 Homeland Security when it is not operating as a service in the Navy.''. SEC. 3. PROGRAM OF EDUCATION. (a) All-Volunteer Force Educational Assistance Program.--Chapter 30 of title 38, United States Code, is amended-- (1) in section 3014(a) by striking ``an approved program of education'' and inserting ``a program of education of the individual's choosing''; and (2) in sections 3014A(b)(1), 3015(a)(1), 3015(a)(2), 3015(b)(1), 3015(b)(2), 3015(g)(1), 3015(g)(2), 3016(b), 3016(c), 3022(a)(1), 3022(a)(2), and 3034(a)(3) by striking ``an approved program'' each place it appears and inserting ``a program''. (b) Educational Assistance for Members of the Selected Reserve.-- Section 16131 of title 10, United States Code, is amended-- (1) in subsection (b)(1) by inserting ``of the person's choosing'' after ``pursuing a program of education''; (2) by amending subsection (c)(1) to read as follows: ``(c)(1) Educational assistance shall be provided to each person entitled to educational assistance under this chapter for pursuit of any program of education of the person's choosing that is a program of education for purposes of chapter 30 of title 38.''; and (3) in subsection (g)(2)(B)(i) by striking ``an approved program'' and inserting ``a program''. SEC. 4. SERVICE IN THE SELECTED RESERVE. (a) Credit for 24 Months of Active Duty Service.--Subsection 3012 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A)(i) by striking ``an obligated period'' and all that follows through ``in the Armed Forces'' and inserting ``for a cumulative period of at least 24 months of obligated active duty in the Armed Forces during any 6-year period''; (B) in paragraphs (1)(B)(i) and (1)(C)(iii)(I) by striking ``at least two years of continuous active duty in the Armed Forces'' each place it appears and inserting ``for a cumulative period of at least 24 months of active duty in the Armed Forces during any 6- year period''; and (C) in paragraphs (1)(B)(ii) and (1)(C)(iii)(II) by striking ``two years'' each place it appears and inserting ``24 months''; and (2) in subsection (b)(1)(A)-- (A) by striking ``two years of service'' and inserting ``24 months of service''; and (B) by striking ``during such two years'' and inserting ``during such service''. (b) Conforming Amendment.--Section 3013(b) of title 38, United States Code, is amended by striking ``continuous''.

Servicemembers' Flexible Educational Assistance Act - Allows members of the Armed Forces and Selected Reserve who are entitled to educational assistance under the Montgomery GI Bill to transfer a portion of their entitlement to their dependents. States that a child's use of such transferred entitlement may not commence until the child completes secondary school or attains 18 years of age. Extends the time period for use of such transferred entitlements. Requires the Secretary of Defense to: (1) submit annual reports to specified congressional committees on the number of individuals transferring their entitlement to educational assistance under this Act; and (2) include such information pertaining to the Selected Reserve in biennial reports to Congress. Allows service members and their dependents to choose the program of education for which educational assistance will be used. Redefines the qualifying period of active duty service for members of the Selected Reserve to receive educational assistance as a cumulative period of at least 24 months during any six-year period.

To provide that members of the Armed Forces and Selected Reserve may transfer certain educational assistance benefits to dependents, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Alternative Production Act'' or the ``REAP Act''. SEC. 2. CREDIT FOR PRODUCTION OF RENEWABLE ENERGY. (a) In General.--Section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Credit Allowed for Production of Non-Electric Energy.-- ``(1) In general.--The credit allowed under subsection (a) shall be increased by an amount equal to the product of-- ``(A) the dollar amount determined under paragraph (2), and ``(B) each million British thermal units (mmBtu) of qualified fuel which is-- ``(i) produced by the taxpayer-- ``(I) from qualified energy resources, and ``(II) at any facility during the 10-year period beginning on the date such facility was placed in service, ``(ii) not used for the production of electricity, and ``(iii) sold by the taxpayer to an unrelated person during the taxable year. ``(2) Dollar amount.--The dollar amount determined under this paragraph shall be the amount determined by the Secretary to be the equivalent, expressed in British thermal units, of the credit allowed under subsection (a) for 1 kilowatt hour of electricity. ``(3) Reduction for grants, tax exempt bonds, subsidized energy financing, and other credits.--Rules similar to the rules of subsection (b)(3) shall apply for purposes of paragraph (1). ``(4) Definitions and special rules.--For purposes of this subsection-- ``(A) Qualified fuel.--The term `qualified fuel' means an energy product which is produced, extracted, converted, or synthesized from a qualified energy resource through a controlled process, including pyrolysis, electrolysis, and anaerobic digestion, which results in a product consisting of methane, synthesis gas, hydrogen, steam, manufactured cellulosic fuels, or any other form of energy provided under regulations by the Secretary and which is used solely as a source of energy. ``(B) Allocation of credit to patrons of agricultural cooperatives.--Rules similar to the rules of subsection (e)(11) shall apply for purposes of paragraph (1).''. (b) Conforming Amendments.-- (1) The heading for section 45 of the Internal Revenue Code of 1986 is amended by striking ``electricity'' and inserting ``energy''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking ``Electricity'' in the item relating to section 45 and inserting ``Energy''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ENERGY CREDIT FOR ONSITE RENEWABLE NON-ELECTRIC ENERGY PRODUCTION FACILITIES. (a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of subclause (III), and (2) by adding at the end the following new subclause: ``(V) qualified onsite renewable non-electric energy production property,''. (b) Qualified Onsite Renewable Non-Electric Energy Production Property.--Subsection (c) of section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Qualified onsite renewable non-electric energy production property.-- ``(A) In general.--The term `qualified onsite renewable non-electric energy production property' means property which produces qualified fuel-- ``(i) from qualified energy resources, ``(ii) not used for the production of electricity, and ``(iii) used primarily on the same site where the production is located to replace an equivalent amount of non-renewable fuel (determined based on the number of British thermal units of non-renewable fuel consumed by the taxpayer in the prior taxable year) or to provide energy primarily on such site for a use that did not exist prior to the later of the date of the enactment of this paragraph or the date such property was placed in service. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Qualified fuel.--The term `qualified fuel' means an energy product which is produced, extracted, converted, or synthesized from a qualified energy resource through a controlled process, including pyrolysis, electrolysis, and anaerobic digestion, which results in a product consisting of methane, synthesis gas, hydrogen, steam, manufactured cellulosic fuels, or any other form of energy provided under regulations by the Secretary and which is used solely as a source of energy. ``(ii) Qualified energy resources.--The term `qualified energy resources' has the meaning given such term by paragraph (1) of section 45(c). ``(iii) Termination.--The term `qualified onsite renewable non-electric energy production property' shall not include any property for any period after the date which is 10 years after the date of the enactment of the Renewable Energy Alternative Production Act.''. (c) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. RENEWABLE NON-ELECTRIC ENERGY PRODUCTION FACILITIES ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Qualified renewable energy facility.--The term `qualified renewable energy facility' means a facility which is-- ``(A)(i) a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date), or ``(ii) a facility which produces qualified fuel (as defined in section 45(f)(4)(A)) which is derived from qualified energy resources (within the meaning of section 45(f)(4)(B)) and not used for the production of electricity, and ``(B) owned by a public power provider, a governmental body, or a cooperative electric company.''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act.

Renewable Energy Alternative Production Act or the REAP Act - Amends the Internal Revenue Code to allow: (1) a new tax credit for the production of non-electric energy from renewable resources; (2) an energy tax credit for investment in property used to replace non-electric energy at the production site for such energy; and (3) new clean renewable energy bond financing for renewable non-electiric energy production property.

A bill to amend the Internal Revenue Code of 1986 to provide for an energy carrier production tax credit, and for other purposes.

SECTION 1. MICROLOAN DEMONSTRATION PROGRAM AMENDMENTS. (a) Purposes.--Section 7(m)(1)(A)(iii) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(iii)) is amended-- (1) in subclause (I), by inserting ``commercial real estate,'' after ``acquisition of''; and (2) in subclause (III), by striking ``and'' at the end; (3) by redesignating subclause (IV) as subclause (VI); and (4) by inserting after subclause (III) the following new subclauses: ``(IV) to make grants to eligible intermediaries that, together with non-Federal matching funds, will enable such intermediaries to provide marketing, management, and technical assistance to microloan borrowers that are members of qualified Indian tribes; ``(V) to make grants to institutions of higher education serving Indian lands that, together with non-Federal matching funds, will enable such institutions to provide instruction on marketing, management, and technical assistance to eligible intermediaries and to mentors, in order to enable such intermediaries and mentors to assist members of qualified Indian tribes to obtain private sector financing for their businesses, with or without loan guarantees; and''. (b) Establishment.--Section 7(m)(1)(B) of the Small Business Act (15 U.S.C. 636(m)(1)(B)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new clauses: ``(iv) in conjunction with loans made under clause (i) and subject to the requirements of paragraph (4), make grants to eligible intermediaries for the purpose of providing marketing, management, and technical assistance to members of qualified Indian tribes that are seeking to start or enlarge their small business concerns and that are borrowers under this subsection; and ``(v) subject to the requirements of paragraph (7), make grants to institutions of higher education serving Indian lands for the purpose of providing instruction on marketing, management, and technical assistance to eligible intermediaries and to mentors, in order to enable such intermediaries and mentors to assist members of qualified Indian tribes to obtain private sector financing for their businesses, with or without loan guarantees.''. (c) Intermediary Applications.--Section 7(m)(3)(A)(i) of the Small Business Act (15 U.S.C. 636(m)(3)(A)(i)) is amended-- (1) in subclause (VII), by striking ``and'' at the end; (2) in subclause (VIII), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subclause: ``(IX) with respect to eligible intermediaries serving Indian lands, any plan to work with-- ``(aa) an institution of higher education that has received a grant under paragraph (1)(B)(v); or ``(bb) a mentor that has received training from any such institution of higher education pursuant to such a grant.''. (d) Additional Technical Assistance Grants for Making Certain Loans.--Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is amended in the matter preceding subparagraph (A), by striking ``subparagraph (B)(ii) of paragraph (1)'' and inserting ``clause (ii) or (iv) of paragraph (1)(B)''. (e) Loans From Eligible Intermediaries.--Section 7(m)(6)(A) of the Small Business Act (15 U.S.C. 636(m)(6)(A)) is amended by inserting ``commercial real estate,'' after ``acquisition of''. (f) Grants to Institutions of Higher Education.--Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) by redesignating paragraphs (7) through (11) as paragraphs (9) through (13), respectively; and (2) by inserting after paragraph (6) the following new subparagraph: ``(7) Grants to institutions of higher education.--Grants made in accordance with paragraph (1)(B)(v) shall be subject to the following requirements: ``(A) Grant amounts.--For each eligible intermediary receiving a grant under paragraph (1)(B)(iv), 1 grant shall be made to a qualified institution of higher education serving the same tribal lands as the eligible intermediary. The amount of the grant to the institution of higher education shall not exceed the grant amount received by the eligible intermediary pursuant to paragraph (1)(B)(iv). ``(B) Contribution.--As a condition of any grant made under subparagraph (A), the Administration shall require the institution of higher education to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from non-Federal sources. In addition to cash or other direct funding, the contribution may include indirect costs or in-kind contributions paid for under non-Federal programs. ``(C) Indian mentor education grants.--Institutions of higher education receiving grants under paragraph (1)(B)(v) shall be eligible to receive grants to educate owners, managers, or employees of established small business concerns for purposes of providing additional technical assistance to small business concerns located on or near Indian lands that are borrowers under this subsection, as well as to other small business concerns seeking private sector financing.''. (g) Indian Assistance.--Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended by inserting after paragraph (7), as added by subsection (f), the following new paragraph: ``(8) Indian assistance.--In funding microloan programs, the Administration shall ensure that not less than 10 percent of the programs funded under this subsection will provide microloans to small business concerns located on or near Indian lands.''. (h) Report to Congress.--Section 7(m)(12)(F) of the Small Business Act (15 U.S.C. 636(m)(12)(F)), as redesignated by subsection (f), is amended by inserting ``and to small business concerns located on or near Indian lands'' immediately before the semicolon. (i) Definitions.--Section 7(m)(13) of the Small Business Act (15 U.S.C. 636(m)(13)), as redesignated by subsection (f), is amended-- (1) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (2) by adding at the end the following new subparagraphs: ``(D) the term `Indian lands' has the same meaning as in section 4(4) of the Indian Gaming Regulatory Act; ``(E) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act; ``(F) the term `institution of higher education' has the same meaning as in section 1201(a) of the Higher Education Act of 1965; ``(G) the term `mentor' means a business concern that demonstrates, to the satisfaction of the Administration, the capability to assist members of qualified Indian tribes to obtain private sector financing for their businesses, with or without loan guarantees; and ``(H) the term `qualified Indian tribe' means an Indian tribe with-- ``(i) an employable adult population of not less than 400 persons; and ``(ii) an unemployment rate of not less than 40 percent; based on the statistics of the Bureau of Indian Affairs, Department of the Interior.''. SEC. 2. IMPLEMENTATION. Not later than 270 days after the date of enactment of this Act, the Small Business Administration shall promulgate final regulations implementing the amendments made by section 1. SEC. 3. REPORT TO CONGRESS. Not later than 180 days after the effective date of the regulations promulgated in accordance with section 2, the Small Business Administration shall report to the Congress regarding the effectiveness of the amendments made by section 1 in improving the small business climate and promoting business development on or near Indian lands, as such term is defined in section 7(m)(13) of the Small Business Act.

Amends the Small Business Act to set aside ten percent of microloan assistance for qualifying Indian small business concerns. Provides technical assistance grants to institutions of higher education for Indian mentor education programs.

A bill entitled the "Mentorship for American Indian Small Enterprise Act".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobile Workforce State Income Tax Simplification Act of 2017''. SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE INCOME. (a) In General.--No part of the wages or other remuneration earned by an employee who performs employment duties in more than one State shall be subject to income tax in any State other than-- (1) the State of the employee's residence; and (2) the State within which the employee is present and performing employment duties for more than 30 days during the calendar year in which the wages or other remuneration is earned. (b) Wages or Other Remuneration.--Wages or other remuneration earned in any calendar year shall not be subject to State income tax withholding and reporting requirements unless the employee is subject to income tax in such State under subsection (a). Income tax withholding and reporting requirements under subsection (a)(2) shall apply to wages or other remuneration earned as of the commencement date of employment duties in the State during the calendar year. (c) Operating Rules.--For purposes of determining penalties related to an employer's State income tax withholding and reporting requirements-- (1) an employer may rely on an employee's annual determination of the time expected to be spent by such employee in the States in which the employee will perform duties absent-- (A) the employer's actual knowledge of fraud by the employee in making the determination; or (B) collusion between the employer and the employee to evade tax; (2) except as provided in paragraph (3), if records are maintained by an employer in the regular course of business that record the location of an employee, such records shall not preclude an employer's ability to rely on an employee's determination under paragraph (1); and (3) notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system that tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee's determination under paragraph (1). (d) Definitions and Special Rules.--For purposes of this Act: (1) Day.-- (A) Except as provided in subparagraph (B), an employee is considered present and performing employment duties within a State for a day if the employee performs more of the employee's employment duties within such State than in any other State during a day. (B) If an employee performs employment duties in a resident State and in only one nonresident State during one day, such employee shall be considered to have performed more of the employee's employment duties in the nonresident State than in the resident State for such day. (C) For purposes of this paragraph, the portion of the day during which the employee is in transit shall not be considered in determining the location of an employee's performance of employment duties. (2) Employee.--The term ``employee'' has the same meaning given to it by the State in which the employment duties are performed, except that the term ``employee'' shall not include a professional athlete, professional entertainer, qualified production employee, or certain public figures. (3) Professional athlete.--The term ``professional athlete'' means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete. (4) Professional entertainer.--The term ``professional entertainer'' means a person of prominence who performs services in the professional performing arts for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer. (5) Qualified production employee.--The term ``qualified production employee'' means a person who performs production services of any nature directly in connection with a State qualified, certified or approved film, television or other commercial video production for wages or other remuneration, provided that the wages or other remuneration paid to such person are qualified production costs or expenditures under such State's qualified, certified or approved film incentive program, and that such wages or other remuneration must be subject to withholding under such film incentive program as a condition to treating such wages or other remuneration as a qualified production cost or expenditure. (6) Certain public figures.--The term ``certain public figures'' means persons of prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event, in the nature of a speech, public appearance, or similar event. (7) Employer.--The term ``employer'' has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. 3401(d)), unless such term is defined by the State in which the employee's employment duties are performed, in which case the State's definition shall prevail. (8) State.--The term ``State'' means any of the several States. (9) Time and attendance system.--The term ``time and attendance system'' means a system in which-- (A) the employee is required on a contemporaneous basis to record his work location for every day worked outside of the State in which the employee's employment duties are primarily performed; and (B) the system is designed to allow the employer to allocate the employee's wages for income tax purposes among all States in which the employee performs employment duties for such employer. (10) Wages or other remuneration.--The term ``wages or other remuneration'' may be limited by the State in which the employment duties are performed. SEC. 3. EFFECTIVE DATE; APPLICABILITY. (a) Effective Date.--This Act shall take effect on January 1 of the second calendar year that begins after the date of the enactment of this Act. (b) Applicability.--This Act shall not apply to any tax obligation that accrues before the effective date of this Act.

Mobile Workforce State Income Tax Simplification Act of 2017 This bill prohibits the wages or other remuneration earned by an employee who performs employment duties in more than one state from being subject to income tax in any state other than: (1) the state of the employee's residence, and (2) the state within which the employee is present and performing employment duties for more than 30 days during the calendar year. The bill exempts employers from state income tax withholding and information reporting requirements for employees not subject to income tax in the state under this bill. For the purposes of determining penalties related to an employer's state income tax withholding or reporting requirements, an employer may rely on an employee's annual determination of the time expected to be spent working in a state in the absence of fraud or collusion by such employee. For the purposes of this bill, the term "employee" excludes: professional athletes; professional entertainers; production employees who perform services in connection with certain film, television, or other commercial video productions; and public figures who are persons of prominence who perform services for wages or other remuneration on a per-event basis.

Mobile Workforce State Income Tax Simplification Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Energy Security Act of 2014''. SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) Agency Payments.--Section 801(a)(2)(B) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(B)) is amended in the first sentence-- (1) by striking ``both utilities'' and inserting ``utilities, entities that supply, deliver, and transport fuel,''; and (2) by inserting ``or fuel supply, delivery, or transport'' after ``for utilities''. (b) Nonbuilding Applications.--Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the following: ``(H) Nonbuilding applications.--A Federal agency may enter into an energy savings performance contract under this title for the purpose of reducing the costs of fuel supply, delivery, or transport for nonbuilding applications, including secondary savings.''. (c) Definitions.--Section 804 of the National Energy Conservation Policy Act (42 U.S.C. 8287c) is amended-- (1) in paragraph (2)(A)-- (A) in the matter preceding clause (i)-- (i) by striking ``or wastewater treatment'' and inserting ``wastewater treatment, or fuel supply, delivery, or transport''; and (ii) by inserting ``or nonbuilding applications'' after ``federally owned facilities''; (B) in clause (ii), by striking ``or'' after the semicolon at the end; (C) in clause (iii), by inserting ``or'' after the semicolon at the end; and (D) by adding at the end the following: ``(iv) the improved efficiency of fuel use in nonbuilding applications.''; (2) in the first sentence of paragraph (3), by inserting ``or for the purpose of reducing the cost of fuel supply, delivery, or transport for nonbuilding applications'' before the period at the end; and (3) by adding at the end the following: ``(5) Nonbuilding application.--The term `nonbuilding application' means-- ``(A) any class of vehicles, devices, or equipment that-- ``(i) is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air; and ``(ii) consumes energy from any fuel source for the purpose of-- ``(I) that transportation; or ``(II) maintaining a controlled environment within the vehicle, device, or equipment; and ``(B) any federally owned equipment used to generate electricity or transport water. ``(6) Secondary savings.-- ``(A) In general.--The term `secondary savings' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract. ``(B) Inclusions.--The term `secondary savings' includes-- ``(i) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support; ``(ii) personnel cost savings and environmental benefits; and ``(iii) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity from the production.''. SEC. 3. AUTHORIZATION FOR RESEARCH TO IMPROVE MILITARY VEHICLE TECHNOLOGY TO INCREASE FUEL ECONOMY OR REDUCE FUEL CONSUMPTION OF MILITARY VEHICLES USED IN COMBAT. (a) Research Authorized.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Secretary of the Army and the Secretary of the Navy, may carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. (b) Previous Successes.--The Secretary of Defense shall ensure that research carried out under subsection (a) takes into account the successes of, and lessons learned during, the development of the Fuel Efficient Ground Vehicle Alpha and Bravo programs to identify, assess, develop, demonstrate, and prototype technologies that support increasing fuel economy and decreasing fuel consumption of light tactical vehicles, while balancing survivability. SEC. 4. REQUIREMENT TO ESTABLISH REPOSITORY FOR OPERATIONAL ENERGY- RELATED RESEARCH AND DEVELOPMENT EFFORTS OF DEPARTMENT OF DEFENSE. (a) Repository Required.--Not later than December 31, 2015, the Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Assistant Secretary of Defense for Operational Energy Plans and Programs and the Secretaries of the military departments, shall establish a centralized repository for all operational energy-related research and development efforts of the Department of Defense, including with respect to the inception, operational, and complete phases of such efforts. (b) Internet Access.--The Secretary of Defense shall ensure that the repository required by subsection (a) is accessible through an Internet website of the Department of Defense and by all employees of the Department and members of the Armed Forces whom the Secretary determines appropriate, including all program managers involved in such research and development efforts, to enable improved collaboration between military departments on research and development efforts described in subsection (a), sharing of best practices and lessons learned relating to such efforts, and reduce redundancy in such efforts. SEC. 5. EXECUTIVE AGENT FOR WARRIOR POWER. Not later than September 31, 2014, the Secretary of Defense shall establish a Department of Defense executive agent for warrior power to align and advance efforts across the military services to measure and manage the research, development, testing, evaluation, procurement, and fielding of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment. SEC. 6. SECURE ENERGY INNOVATION PROGRAM. (a) Establishment.--The Secretary of Defense shall establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. (b) Metrics.--The Secretary of Defense shall develop metrics for assessing the costs and benefits associated with secure energy projects proposed or implemented as part of the program established under subsection (a). The metrics shall take into account financial and operational costs associated with sustained losses of power resulting from natural disasters or attacks that damage electrical grids serving military installations. SEC. 7. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR ENERGY MANAGEMENT INITIATIVES. Section 2919(b)(2) of title 10, United States Code, is amended by striking ``, to the extent provided for in an appropriations Act,''. SEC. 8. ESTABLISHMENT OF DEPARTMENT OF DEFENSE ALTERNATIVE FUELED VEHICLE INFRASTRUCTURE FUND. (a) Establishment of Fund.--There is established in the Treasury a fund to be known as the ``Department of Defense Alternative Fuel Vehicle Infrastructure Fund'' (in this section referred to as the ``Fund''). (b) Deposits.--The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts earned through investment under subsection (c). (3) Any other amounts made available to the Fund by law. (c) Investments.--The Secretary shall invest any part of the Fund that the Secretary decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary decides has a maturity suitable for the Fund. (d) Use of Funds.--Amounts in the Fund shall be available to the Secretary, acting through the Under Secretary of Defense for Acquisition, Training, and Logistics, to install, operate, and maintain alternative fuel dispensing stations for use by alternative fueled vehicles of the Department of Defense and other infrastructure necessary to fuel alternative fueled vehicles of the Department. (e) Private Use.--The Secretary may make alternative fuel dispensed through alternative fuel dispensing stations of the Department available to employees of the Department and members of the Armed Forces for private use. (f) Definitions.--In this section: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given such term in section 32901 of title 49, United States Code. (2) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' means a vehicle that operates on alternative fuel.

Department of Defense Energy Security Act of 2014 - Amends the National Energy Conservation Policy Act to authorize agencies to enter into energy savings performance contracts to reduce the costs of fuel supply, delivery, or transport for nonbuilding applications. Prohibits payments by agencies to entities that supply, deliver, or transport fuel under such contracts from exceeding the amounts that the agencies would have paid entities without the contracts. Authorizes the Assistant Secretary of Defense for Research and Engineering to: (1) carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat; and (2) establish an online, centralized repository for all Department of Defense (DOD) operational energy-related research and development efforts. Directs the Secretary of Defense to establish: (1) a DOD executive agent for warrior power to align and advance efforts to measure and manage the development and evaluation of man-portable tactical power generation systems to power tactical communications equipment, weapons systems, and other troop equipment; and (2) a program to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. Establishes in the Treasury the Department of Defense Alternative Fuel Vehicle Infrastructure Fund to support installing, operating, and maintaining alternative fuel dispensing stations for use by DOD's alternative fueled vehicles and other infrastructure necessary to fuel the vehicles.

Department of Defense Energy Security Act of 2014

SECTION. 1. BAN ON TRADE OFFICIAL REPRESENTING OR ADVISING FOREIGN ENTITIES. (a) Representing After Service.--Section 207(f)(2) of title 18, United States Code, is amended by-- (1) inserting ``, Deputy United States Trade Representative, Secretary of Commerce, or Commissioner of the International Trade Commission'' after ``is the United States Trade Representative''; and (2) striking ``within 3 years'' and inserting ``at any time''. (b) Limitation on Appointments.--Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is amended by adding at the end the following new paragraph: ``(3) Limitation on appointments.--A person who has directly represented, aided, or advised a foreign entity (as defined by section 207(f)(3) of title 18, United States Code) in any trade negotiation, or trade dispute, with the United States may not be appointed as United States Trade Representative, Deputy United States Trade Representative, Secretary of Commerce, or Commissioner of the International Trade Commission.''. (c) Effective Date.--The amendments made by this section shall apply with respect to an individual appointed as United States Trade Representative, Deputy United States Trade Representative, Secretary of Commerce, or Commissioner of the International Trade Commission on or after the date of enactment of this Act. SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CERTAIN FOREIGN ENTITIES. (a) Amendment.--Section 207(f) of title 18, United States Code, is amended to read as follows: ``(f) Restrictions Relating to Foreign Entities.-- ``(1) Permanent restriction.--Any person who is an officer or employee described in paragraph (3) and who, after the termination of his or her service or employment as such officer or employee, knowingly acts as an agent or attorney for or otherwise represents or advises, for compensation, a government of a foreign country or a foreign political party, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest, shall be punished as provided in section 216 of this title. ``(2) Five-year restriction.--Any person who is an officer or employee described in paragraph (3) and who, within 5 years after the termination of his or her service or employment as such officer or employee, knowingly acts as an agent or attorney for or otherwise represents or advises, for compensation-- ``(A) a person outside of the United States, unless such person-- ``(i) if an individual, is a citizen of and domiciled within the United States, or ``(ii) if not an individual, is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States, or ``(B) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest, shall be punished as provided in section 216 of this title. ``(3) Persons to whom restrictions apply.--The officers and employees referred to in paragraphs (1) and (2) to whom the restrictions contained in such paragraphs apply are-- ``(A) the President of the United States; and ``(B) any person subject to the restrictions contained in subsection (c), (d), or (e). ``(4) Definitions.--For purposes of this subsection-- ``(A) the term `compensation' means any payment, gift, benefit, reward, favor, or gratuity which is provided, directly or indirectly, for services rendered; ``(B) the term `government of a foreign country' has the meaning given that term in section 1(e) of the Foreign Agents Registration Act of 1938, as amended; ``(C) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended; ``(D) the term `United States' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and ``(E) the term `State' includes the District of Columbia and any commonwealth, territory, or possession of the United States.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendment made by subsection (a) take effect on January 1, 1996. (2) Effect on employment.-- (A) The amendment made by subsection (a) does not, except as provided in subparagraph (B), apply to a person whose service as an officer or employee to which such amendment apply terminated before the effective date of such amendment. (B) Subparagraph (A) does not preclude the application of the amendment made by subsection (a) to a person with respect to service as an officer or employee by that person on or after the effective date of such amendment. SEC. 3. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT. (a) Definitions.-- (1) Agent of a foreign principal.-- (A) In general.--Section 1(c) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(c)), is amended-- (i) by striking ``agent of a foreign principal'' each place it appears and inserting ``representative of a foreign principal''; (ii) in paragraph (1)(iv), by striking ``and'' after the semicolon at the end; (iii) in paragraph (2), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(3) any person who engages in political activities for purposes of furthering commercial, industrial, or financial operations with a foreign principal. For purposes of clause (1), a foreign principal shall be considered to control a person in major part if the foreign principal holds more than 50 percent equitable ownership in such person or, subject to rebuttal evidence, if the foreign principal holds at least 20 percent but not more than 50 percent equitable ownership in such person.''. (B) Further definition.--Section 1(d) of that Act (22 U.S.C. 611(d)) is amended to read as follows: ``(d) The term `representative of a foreign principal' does not include-- ``(1) any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3685 of title 39, United States Code, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 percent beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by any foreign principal defined in subsection (b) of this section, or by any representative of a foreign principal required to register under this Act; or ``(2) any incorporated, nonprofit membership organization organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States that is registered under section 308 of the Federal Regulation of Lobbying Act and has obtained tax-exempt status under section 501(c) of the Internal Revenue Code of 1986 and whose activities are directly supervised, directed, controlled, financed, or subsidized in whole by citizens of the United States.''. (2) Political promotional or informational materials.-- Section 1(j) of that Act (22 U.S.C. 611(j)) is amended-- (A) in the matter preceding clause (1), by striking ``propaganda'' and inserting ``promotional or informational materials''; and (B) in clause (1), by striking ``prevail upon, indoctrinate, convert, induce, or in any other way'' and inserting ``in any way''. (3) Political activities.--Section 1(o) of that Act (22 U.S.C. 611(o)) is amended-- (A) by striking ``prevail upon, indoctrinate, convert, induce, persuade, or in any other way'' and inserting ``in any way''; and (B) by striking ``or changing the domestic or foreign'' and inserting ``enforcing, or changing the domestic or foreign laws, regulations, or''. (4) Political consultant.--Section 1(p) of that Act (22 U.S.C. 611(p)) is amended-- (A) by inserting ``(1)'' after ``any person''; and (B) by inserting before the semicolon at the end the following: ``, or (2) who distributes political promotional or informational materials to an officer or employee of the United States Government, in his or her capacity as such officer or employee''. (b) Supplemental Registration.--Section 2(b) of that Act (22 U.S.C. 612(b)) is amended-- (1) in the first sentence by striking ``, within thirty days'' and all that follows through ``preceding six months' period'' and inserting ``on January 31 and July 31 of each year file with the Attorney General a supplement thereto under oath, on a form prescribed by the Attorney General, which shall set forth regarding the six-month periods ending the previous December 31, and June 30, respectively, or, if a lesser period, the period since the initial filing,''; and (2) by inserting after the first sentence the following new sentence: ``Any registrant using an accounting system with a fiscal year which is different from the calendar year may petition the Attorney General to permit the filing of supplemental statements at the close of the first and seventh month of each such fiscal year in lieu of the dates specified by the preceding sentence.''. (c) Removal of Exemption for Certain Countries.--Section 3(f) of that Act (22 U.S.C. 613(f)) is repealed. (d) Limiting Exemption for Legal Representation.--Section 3(g) of that Act (22 U.S.C. 613(g)) is amended by striking ``or any agency of the Government of the United States'' and all that follows through ``informal'' and inserting ``or before the Patent and Trademark Office, including any written submission to that Office''. (e) Notification of Reliance on Exemptions.--Section 3 of that Act (22 U.S.C. 613) is amended by adding at the end the following: ``Any person who does not register under section 2(a) on account of any provision of subsections (a) through (g) of this section shall so notify the Attorney General in such form and manner as the Attorney General prescribes.''. (f) Civil Penalties and Enforcement Provisions.--Section 8 of that Act (22 U.S.C. 618) is amended by adding at the end the following: ``(i)(1) Any person who is determined, after notice and opportunity for an administrative hearing-- ``(A) to have failed to file when such filing is required a registration statement under section 2(a) or a supplement thereto under section 2(b), ``(B) to have omitted a material fact required to be stated therein, or ``(C) to have made a false statement with respect to such a material fact, shall be required to pay for each violation committed a civil penalty of not less than $2,000 and not more than $1,000,000. In determining the amount of the penalty, the Attorney General shall give due consideration to the nature and duration of the violation. ``(2)(A) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation regarding any violation of paragraph (1) of this subsection or of section 5, the Attorney General may, before bringing any civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination. ``(B) Civil investigative demands issued under this paragraph shall be subject to the applicable provisions of section 1968 of title 18, United States Code.''. (g) Change in Short Title of the Act.--Section 14 of that Act (22 U.S.C. 611 note) is amended by striking ``Foreign Agents Registration Act of 1938, as amended'' and inserting ``Foreign Interests Representation Act''. (h) References to Agent of a Foreign Principal.--The Foreign Agents Registration Act of 1938, as amended is amended-- (1) by striking ``agent of a foreign principal'' each place it appears and inserting ``representative of a foreign principal''; (2) by striking ``agents of foreign principals'' each place it appears and inserting ``representatives of foreign principals''; (3) by striking ``agent of such principal'' each place it appears and inserting ``representative of such principal''; and (4) by striking ``such agent'' each place it appears and inserting ``such representative''. (i) References to Political Propaganda.-- (1) The paragraph preceding section 1 of the Foreign Agents Registration Act of 1938, as amended is amended by striking ``propaganda'' and inserting ``political''. (2) The Foreign Interests Representation Act (other than the paragraph amended by paragraph (1) of this subsection) is amended by striking ``propaganda'' each place it appears and inserting ``promotional or informational materials''. (j) References to the Act.-- (1) Section 207(f)(2) of title 18, United States Code, is amended by striking ``Foreign Agents Registration Act of 1938, as amended,'' and inserting ``Foreign Interests Representation Act''. (2) Section 219 of title 18, United States Code, is amended-- (A) in subsection (a) by striking ``agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended,'' and inserting ``representative of a foreign principal required to register under the Foreign Interests Representation Act''; and (B) in subsection (b)-- (i) by striking ``agent of a foreign principal'' and inserting ``representative of a foreign principal''; (ii) by striking ``such agent'' and inserting ``such representative''; and (iii) by striking ``Foreign Agents Registration Act of 1938, as amended'' and inserting ``Foreign Interests Representation Act''. (3) Section 5210(4) of the Competitiveness Policy Council Act (15 U.S.C. 4809(4)) is amended-- (A) by striking ``agent of a foreign principal'' and inserting ``representative of a foreign principal''; and (B) by striking ``subsection (d) of the first section of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611)'' and inserting ``section 1(d) of the Foreign Interests Representation Act (22 U.S.C. 611(d)),''. (4) Section 34(a) of the Trading With the Enemy Act (50 U.S.C. App. 34(a)) is amended by striking ``Act of June 8, 1934 (ch. 327, 52 Stat. 631), as amended'' and inserting ``Foreign Interests Representation Act''. SEC. 4. MISUSE OF NAME. (a) Amendment.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1035. Misappropriation of Person's Name in Connection with Lobbying Contact ``Whoever falsely uses or employs the name of any person, or causes such name to be falsely used or employed, in any telegram, letter, other printed or written matter, or electronic communication intended or designed to influence in any manner a Member of Congress to favor or oppose, by vote or otherwise, any legislation before the Congress or any nomination pending before the Senate, whether before or after the introduction of such legislation or the submission of such nomination, for the purpose of conveying the impression that such person authorized such use or employment of the person's name shall be fined under this title or imprisoned for not more than one year, or both.''. (b) Conforming amendment.--The table of sections for such chapter 47 is amended by adding at the end the following: ``1035. Misappropriation of person's name in connection with lobbying contact.''. SEC. 5. DISCLOSURES OF VISITS TO MEMBERS AND SENATORS. (a) In General.--The Clerk of the House of Representatives and the Secretary of the Senate shall jointly establish a registry to record visits to Members of the House of Representatives and Senators by lobbyists registered under any Federal law which requires lobbyists to register. Such lobbyists shall record each such visit, including the date of the visit and the subject of the visit. The registry shall be open to the public. (b) Effective Date.--Subsection (a) shall take effect January 1, 1996.

Amends the Federal criminal code to revise the ban against representing, aiding, or advising foreign entities on any person who has been the U.S. Trade Representative to extend the ban: (1) from three years after leaving the position to any time after leaving the position; and (2) to the Deputy U.S. Trade Representative, the Secretary of Commerce, and any Commissioner of the International Trade Commission. (Sec. 1) Amends the Trade Act of 1974 to prohibit appointment as U.S. Trade Representative, Deputy U.S. Trade Representative, the Secretary of Commerce, or Commissioner of the International Trade Commission of any person who has represented, aided, or advised a foreign entity in any trade negotiation or trade dispute with the United States. (Sec. 2) Amends the Federal criminal code to revise the post-Federal employment ban relating to foreign entities on certain senior and very senior personnel (including the Vice President) of the executive branch and independent agencies, and on members of Congress and officers and employees of the legislative branch. Applies the same ban to the President. Makes such ban permanent with respect to knowingly acting as an agent or attorney for or otherwise representing or advising, for compensation, a foreign government or foreign political party, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest. Sets a five-year ban on knowingly acting, for compensation, as an agent or attorney for or otherwise representing or advising in such a matter: (1) any person outside of the United States, unless such person is an individual U.S. citizen domiciled within the United States, or an organization created by Federal or State law with a principal place of business within the United States; or (2) any partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (Sec. 3) Amends the Foreign Agents Registration Act of 1938 to: (1) rename it the Foreign Interests Representation Act; (2) change "agent of a foreign principal" to "representative of a foreign principal"; and (3) cover as such a representative any person who engages in political activities for purposes of furthering commercial, industrial, or financial operations with a foreign principal. Declares that a foreign principal controls a person in major part if the foreign principal holds: (1) more than 50 percent equitable ownership in such person; or (2) (subject to rebuttal evidence) between 20 percent and 50 percent equitable ownership in such person. Excludes from the meaning of "representative of a foreign principal": (1) U.S.-organized news or press services or associations and newspapers and periodicals whose officers, directors, and at least 80 percent of whose beneficial owners are U.S. citizens, and which are not owned or financed by any representative of a foreign principal required to register under such Act; or (2) any U.S.-organized incorporated, nonprofit membership organization that is a registered lobbying organization whose activities are directly supervised or subsidized in whole by U.S. citizens. Repeals the exemption from the registration requirements of such Act for persons, or their employees, whose foreign principal is the government of a foreign country whose defense is presidentially deemed vital to defense of the United States. Revises the exemption from such registration requirements for lawyers engaged in legal representation of a disclosed foreign principal before any Federal agency to limit such exemption to legal representation before the Patent and Trademark Office. Sets forth civil penalties for failure to file required registration statements, or for false statements, or omission of material facts from such statements. (Sec. 4) Amends the Federal criminal code to set forth misdemeanor penalties for misappropriation of any person's name in connection with a lobbying contact about any legislation before the Congress or nomination pending before the Senate. (Sec. 5) Directs the Clerk of the House of Representatives and the Secretary of the Senate to establish a joint registry to record visits by registered lobbyists to Members of the House and Senators. Requires lobbyists to record each such visit in the registry, including date and subject.

To provide for additional lobbying reform measures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent and Effective Federal Defenders Act of 2016''. SEC. 2. REVISION OF SYSTEM TO ENSURE ADEQUATE REPRESENTATION OF FEDERAL DEFENDANTS. Section 3006A of title 18, United States Code, is amended to read as follows: ``Sec. 3006A. Adequate representation of defendants ``(a) Federal Defender Commission.-- ``(1) In general.--There is established, as an independent agency within the executive branch, the Federal Defender Commission (hereinafter in this section referred to as the `Commission'). ``(2) Composition and appointment by president.--The Commission shall consist of 12 members, appointed by the President. ``(3) Director.--The President shall appoint a Director to serve on the Commission. The Director shall have all of the qualifications described in paragraph (5) and none of the disqualifications described in paragraph (6). The term of the Director shall be 6 years, but a Director may serve after the expiration of that term until a successor takes office. ``(4) Considerations in appointment.--In appointing members of the Commission, the President shall ensure that-- ``(A) each of the 12 members of the Commission has primary experience in criminal defense in a circuit in which no other member of the Commission has such experience at the time of the appointment; and ``(B) at least a majority of the members of the Commission are individuals who are former Federal defenders. ``(5) Qualifications of members.--To be a member of the Commission, an individual must-- ``(A) be a member of the bar of the highest court of a State; and ``(B) have significant experience in the legal defense of criminal cases or demonstrated a commitment to indigent defense representation or juvenile defense representation. ``(6) Disqualifications of members.--An individual shall not serve on the Commission who is-- ``(A) employed as a Federal defender; ``(B) employed as a prosecutor or law enforcement official; or ``(C) serving as an active judicial officer of the United States. ``(7) Term.-- ``(A) Except as otherwise provided in this paragraph, the term of a member of the Commission shall be 6 years. ``(B) A member may serve after the expiration of that member's term until a successor takes office. ``(C) Of the 12 members first appointed to the Commission, 6 shall be initially appointed for 2-year terms, so that the terms of members of the commission are staggered. ``(8) Duties of commission.--The Commission shall-- ``(A) consult with each United States district court on a plan operating throughout the district for furnishing representation to any person financially unable to obtain representation; ``(B) appoint, taking into consideration the recommendations of the relevant bar or bars of the State, law schools in the State, and other organizations and individuals, a Federal Public Defender, having the same qualifications for service as this subsection requires for a member of the Commission and not having any of the disqualifications described in this subsection, other than that described in paragraph (6)(A), for such service, for each district to carry out the plan for that district; and ``(C) develop for Federal Public Defender offices-- ``(i) national guidelines on quality of representation; ``(ii) program evaluation systems; ``(iii) attorney and staff evaluation systems to ensure effective management and representation; ``(iv) training, publications, and seminars; ``(v) specialty resource centers; ``(vi) research and development pilot projects; ``(vii) statistical studies; and ``(viii) committees, projects, or working groups. ``(9) Plan may combine districts.--The plan may include a combination of districts if such a combined office would be cost effective, based on the number of appointments each year, and where the interests of justice of effective representation require the establishment of such an office. The Commission shall determine the need for a Federal Public Defender office and geographic boundaries it serves. However, the Commission shall ensure that each Federal judicial district has within it a Federal Public Defender office providing representation. ``(10) Staff.--The Commission may appoint additional employees as it deems appropriate, to assist the Commission in carrying out its duties. ``(11) Compensation of members and employees.--Members of the Commission and employees of the Commission shall be compensated at rates determined by the Commission, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5. ``(12) Professional responsibility.--The Commission shall not-- ``(A) interfere with any attorney providing representation under this section in carrying out such attorney's professional responsibilities to such attorney's client; or ``(B) abrogate as to attorneys in providing representation under this section the authority of a State or other jurisdiction to enforce standards of professional responsibility generally applicable to attorneys in such jurisdiction. ``(b) Requirements for Plan.--Each plan for representation under this section shall include the following: ``(1) Representation provided in all cases.--Representation shall be provided for any financially eligible person who-- ``(A) is charged with a criminal offense; ``(B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in section 5031; ``(C) is charged with a violation of probation; ``(D) is under arrest, when such representation is required by law; ``(E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release; ``(F) is subject to a mental condition hearing under chapter 313; ``(G) is in custody as a material witness; ``(H) is entitled to appointment of counsel under the sixth amendment to the Constitution; ``(I) faces loss of liberty in a case, and Federal law requires the appointment of counsel; ``(J) is entitled to the appointment of counsel under section 4109; ``(K) is involved in a proceeding in which a criminal adjudication may result; ``(L) is being considered for, or seeks to obtain, under subsection (c)(1) or (c)(2) of section 3582, a modification of a term of imprisonment; or ``(M) is involved in proceedings seeking clemency or a pardon. ``(2) Representation provided in some cases.--Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who seeks relief under section 2241, 2254, or 2255 of title 28. ``(3) Appointment of private attorneys.--Each District shall develop a panel of private attorneys. A private attorney shall provide representation under this section when the nature of the case or ethical considerations so require. Cases shall be randomly assigned to private panel attorneys on a rotating basis. The Federal Public Defender in the district shall not be involved in the selection of private panel attorneys for individual cases. The panel of private attorneys shall divide themselves into areas of criminal proceeding expertise. ``(4) Qualifications of private attorneys.--To be a private attorney on the panel, an individual must have significant experience in the legal defense of criminal cases. ``(5) Ongoing training and certification of private attorneys.--Each District shall develop and provide ongoing, mandatory training programs for private attorneys on the panel. All attorneys participating on a panel shall have their performance in representing defendants regularly peer reviewed by and certified by distinguished members of the local criminal defense community. ``(6) Use of private attorneys.--Each plan shall provide that private attorneys be appointed to represent defendants in a substantial proportion of cases. ``(7) Use of other attorneys.--Each plan may include, in addition to the provisions for private attorneys, for the use of attorneys furnished by a bar association or legal aid society. ``(c) Budget Analyst.--Each District shall have a budget analyst. The budget analyst shall be hired by the Commission. The budget analyst shall be operationally independent of the Federal Public Defender and the judicial branch in such circuit. The budget analyst shall have significant experience in criminal defense practice. The budget analyst shall engage in timely, objective, and independent analysis of reimbursement for costs submitted by the private attorneys. The budget analyst may mediate any claims for reimbursement payments submitted by private attorneys. The budget analyst will oversee and approve the use of investigators and experts for cases. ``(d) Federal Public Defender.-- ``(1) Duties and powers.--The Federal Public Defender in each district shall carry out the plan for representation in that district. In order to do so, the Federal Public Defender may appoint such staff, establish salaries for the staff, and make such contracts as are necessary to carry out the functions of the office. The salary structure in each office shall be commensurate with that provided for the lawyers and staff of the United States Attorney for the relevant district. ``(2) Term.--The term of a Federal Public Defender is 4 years, but a Federal Public Defender may serve after the expiration of that term until a successor takes office. The Federal Public Defender may be appointed for more than one term. ``(3) Removal.--The Commission may, with the concurrence of three quarters of the members serving at the time of the removal, remove a Federal Public Defender for cause. ``(4) Vacancy.--The Commission may fill a vacancy of the office of Federal Public Defender for the remainder of the term, in the same manner as the original appointment was made. ``(e) Alternative Means of Representation in a District.-- ``(1) Generally.--The Commission may create a Community Defender Organization to carry out the plan for representation in the District. A Community Defender Organization shall be a nonprofit defense counsel service established and administered by any group authorized by the plan to provide representation. The organization shall be eligible to furnish attorneys and receive payments from the Commission if its bylaws are set forth in the plan of the district or districts in which it will serve. ``(2) Annual report.--Each organization shall submit to the Commission an annual report setting forth its activities and financial position and the anticipated caseload and expenses for the next fiscal year. ``(3) Grants.--Upon application an organization may, to the extent approved by the Commission-- ``(A) receive an initial grant for expenses necessary to establish the organization; and ``(B) receive periodic sustaining grants to provide representation and other expenses pursuant to this section. ``(f) Change of Structure Between That of Federal Public Defender and That of Community Defender Organization.--Either a Community Defender Organization or a Federal Public Defender may apply to the Commission to change its structure to that of the other. The Commission may allow that change if the Commission determines such a change would better serve the purposes of this section. ``(g) Duration and Substitution of Appointments.--A person for whom counsel is appointed shall be represented at every stage of the proceedings from before being interviewed by pretrial services or a probation officer through appeal, including ancillary matters appropriate to the proceedings. If at any time after the appointment of counsel the United States magistrate judge or the court finds that the person is financially able to obtain counsel or to make partial payment for the representation, it may terminate the appointment of counsel or authorize payment as provided in subsection (f), as the interests of justice may dictate. If at any stage of the proceedings, including an appeal, the United States magistrate judge or the court finds that the person is financially unable to pay counsel whom he had retained, it may appoint counsel under this section, as the interests of justice may dictate. The United States magistrate judge or the court may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings. ``(h) Nonapplicability to Local Courts of the District of Columbia.--This section does not apply to representation in the Superior Court of the District of Columbia or the District of Columbia Court of Appeals. ``(i) Definitions.--In this section the following definitions apply: ``(1) Circuit.--The term `circuit' means one of the circuits for which there is a United States court of appeals. ``(2) District court.--The term `district court' means each district court of the United States created by chapter 5 of title 28, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, and the District Court of Guam. ``(3) Representation.--The term `representation' means representation by legal counsel and also includes investigative, expert, and other services necessary for adequate representation. ``(4) State.--The term `State' includes any State or other similar entity in which a district court is established.''. SEC. 3. CONTINUATION OF ORGANIZATIONS ESTABLISHED BEFORE ENACTMENT. A Federal Defender organization established before enactment of this Act shall continue in operation, and the Federal Public Defender then in office shall continue to serve the Federal Public Defender's term in that capacity. A Community Defender Organization, committee, project, or working group established before enactment of this Act shall continue in operation. SEC. 4. GENERAL ACCOUNTABILITY OFFICE STUDY. Not later than 4 years after the date of the enactment of this Act, the Comptroller General shall complete a study and report to Congress on the provision and cost of Federal Defense services.

Independent and Effective Federal Defenders Act of 2016 This bill amends the federal criminal code to revise requirements related to the provision of adequate representation for defendants in federal criminal cases. Under current law, each U.S. district court must operate a plan, in accordance with specified requirements, for furnishing representation to any eligible person who is financially unable to obtain adequate representation. The bill revises these requirements and establishes the Federal Defender Commission as an independent agency tasked with ensuring the provision of adequate representation.

Independent and Effective Federal Defenders Act of 2016

SECTION 1. TAX TREATMENT OF ACCELERATED DEATH BENEFITS UNDER LIFE INSURANCE CONTRACTS. (a) General Rule.--Section 101 of the Internal Revenue Code of 1986 (relating to certain death benefits) is amended by adding at the end the following new subsection: ``(g) Treatment of Certain Accelerated Death Benefits.-- ``(1) In general.--For purposes of this section, any amount received under a life insurance contract on the life of an insured who is a terminally ill individual shall be treated as an amount paid by reason of the death of such insured. ``(2) Necessary conditions.-- ``(A) In general.--Paragraph (1) shall not apply to any amount received unless-- ``(i) the total amount received is not less than the present value (determined under subparagraph (B)) of the reduction in the death benefit otherwise payable in the event of the death of the insured, and ``(ii) the percentage reduction in the cash surrender value of the contract by reason of the distribution does not exceed the percentage reduction in the death benefit payable under the contract by reason of such distribution. ``(B) Present value.--The present value of the reduction in the death benefit shall be determined by-- ``(i) using a discount rate which is based on an interest rate which does not exceed the highest interest rate set forth in subparagraph (C), and ``(ii) assuming that the death benefit (or the portion thereof) would have been paid on the date which is 12 months after the date of the certification referred to in paragraph (3). ``(C) Rates.--The interest rates set forth in this subparagraph are the following: ``(i) the 90-day Treasury bill yield, ``(ii) the rate described as Moody's Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto, for the calendar month ending 2 months before the date on which the rate is determined, and ``(iii) the rate used to compute the cash surrender values under the contract during the applicable period plus 1 percent per annum. ``(D) Special rules relating to liens.--If a lien is imposed against a life insurance contract with respect to any amount referred to in paragraph (1)-- ``(i) for purposes of subparagraph (A), the amount of such lien shall be treated as a reduction (at the time of receipt) in the death benefit or cash surrender value to the extent that such benefit or value, as the case may be, is (or may become) subject to the lien, and ``(ii) paragraph (1) shall not apply to the amount received unless any rate of interest with respect to any amount in connection with which such lien is imposed does not exceed the highest rate set forth in subparagraph (C). ``(3) Terminally ill individual.--For purposes of this subsection, the term `terminally ill individual' means an individual who the insurer has determined, after receipt of an acceptable certification by a licensed physician, has an illness or physical condition which can reasonably be expected to result in death within 12 months after the date of certification. ``(4) Exception for business-related policies.--This subsection shall not apply in the case of any amount paid to any taxpayer other than the insured if such taxpayer has an insurable interest with respect to the life of the insured by reason of the insured being a director, officer, or employee of the taxpayer or by reason of the insured having a financial interest in any trade or business carried on by the taxpayer.'' (b) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply to amounts received after the date of the enactment of this Act. (2) Delay in application of discount rules.--Clause (i) of section 101(g)(2)(A) of the Internal Revenue Code of 1986 shall not apply to any amount received before the first day of the first calendar month beginning more than 180 days after the date of the enactment of this Act. (3) Issuance of rider not treated as material change.--For purposes of applying section 101(f), 7702, or 7702A of the Internal Revenue Code of 1986 to any contract, the issuance of a qualified accelerated death benefit rider (as defined in section 818(g) of such Code (as added by this Act)) shall not be treated as a modification or material change of such contract. SEC. 2. TAX TREATMENT OF COMPANIES ISSUING QUALIFIED ACCELERATED DEATH BENEFIT RIDERS. (a) Qualified Accelerated Death Benefit Riders Treated as Life Insurance.--Section 818 of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new subsection: ``(g) Qualified Accelerated Death Benefit Riders Treated as Life Insurance.--For purposes of this part-- ``(1) In general.--Any reference to a life insurance contract shall be treated as including a reference to a qualified accelerated death benefit rider on such contract. ``(2) Qualified accelerated death benefit riders.--For purposes of this subsection, the term `qualified accelerated death benefit rider' means any rider on a life insurance contract which provides for a distribution to an individual upon the insured becoming a terminally ill individual (as defined in section 101(g)(3)).'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from gross income as death benefits amounts received under a life insurance contract for certain terminally ill individuals. Allows insurance companies to issue accelerated death benefit riders on life insurance contracts.

To amend the Internal Revenue Code of 1986 to provide for the tax treatment of accelerated death benefits under life insurance contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Diplomatic Offensive for Iraq Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Iraq's ability to establish stability and security within its borders and defeat terrorist organizations is significantly affected by the actions of neighboring nations and by regional conflicts and events, while other nations in the region have a vested interest in achieving a resolution to the conflict in Iraq. (2) On December 6, 2006, the first recommendation released by the bipartisan Iraq Study Group was that the United States, working with the Iraqi Government, should launch a comprehensive New Diplomatic Offensive to deal with the problems in Iraq and in the region before December 31, 2006. (3) The Iraq Study Group recommended the following specific goals for the New Diplomatic Offensive: (A) Support the unity and territorial integrity of Iraq. (B) Stop destabilizing interventions and actions by Iraq's neighbors. (C) Secure Iraq's borders, including the use of joint patrols with neighboring countries. (D) Prevent the expansion of the instability and conflict in Iraq beyond its borders. (E) Promote economic assistance, commerce, trade, political support, and, if possible, military assistance for the Iraqi Government from non- neighboring Muslim nations. (F) Energize countries to support national political reconciliation in Iraq. (G) Validate Iraq's legitimacy by resuming diplomatic relations, where appropriate, and reestablishing embassies in Baghdad. (H) Assist Iraq in establishing active working embassies in key capitals in the region (for example, in Riyadh, Saudi Arabia). (I) Help Iraq reach a mutually-acceptable agreement on Kirkuk. (J) Assist the Iraqi Government in achieving certain security, political, and economic milestones, including better performance on issues such as national reconciliation, equitable distribution of oil revenues, and the dismantling of militias. (4) The Iraq Study Group recommended regional involvement in the diplomatic efforts of stabilizing Iraq and the Middle East, including involvement of the five permanent members of the United Nations Security Council. (5) On July 22, 2004, the bipartisan National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission'') recommended the United States should engage other nations in developing a comprehensive coalition strategy against Islamist terrorism in the Middle East. (6) President George W. Bush and his Administration have already undertaken critical elements of such a diplomatic effort, including diplomatic talks with key Iraqi neighbors in Sharm-al-Sheik, Egypt and in Baghdad, Iraq in May 2007, as well as proposing a comprehensive Middle East peace conference. (7) Despite these positive actions, significantly more robust diplomatic effort is needed to establish international consensus on achieving security and stability in Iraq, promoting national reconciliation efforts in Iraq, supporting the reconstruction of Iraq, and supporting the sovereignty and territorial integrity of the Iraqi nation. SEC. 3. MIDDLE EAST REGIONAL DIPLOMACY. (a) In General.--As soon as practicable after the date of the enactment of this Act, the President shall seek to develop and implement a regional diplomatic plan, in conjunction with the United Nations Security Council, that will attempt to accomplish the following objectives: (1) Curtail the ongoing civil war in Iraq. (2) Prevent the spread of violence from Iraq into neighboring countries. (3) Prevent the establishment of safe havens for al-Qa'ida and other terrorist organizations. (4) Prevent regional conflict. (5) Prevent genocide, ethnic cleansing, and other crimes against humanity. (6) Promote a national process of reconciliation within Iraq. (b) Statement of United States Policy.--In the implementation of the regional diplomatic plan required by subsection (a), it is the policy of the United States to-- (1) undertake a sustained diplomatic effort to engage the governments of nations in the region on the regional diplomatic plan required in subsection (a) and on issues and actions that impact the situation in Iraq; (2) continue and expand United States direct bilateral talks with nations neighboring Iraq on issues of mutual interest; (3) support the goals specified in the International Compact for Iraq; and (4) encourage the increased engagement of international organizations, including the United Nations, the Arab League, and the Organization of the Islamic Conference, in working toward solutions to achieve stability and security in Iraq. (c) Report.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall transmit to Congress a report on the status of efforts to implement the regional diplomatic plan required by subsection (a), including-- (1) progress being made to accomplish the objectives described in paragraphs (1) through (6) of subsection (a); (2) efforts of the United States to promote regional dialogue on Iraq's future, including the organization of regional peace conferences and the establishment of sustained regional structures such as working groups; (3) the progress of bilateral discussions with key nations neighboring Iraq; (4) the status of pledges of financial assistance for the relief and reconstruction of Iraq made by members of the international community at the Madrid International Conference on Reconstruction in Iraq and other international conferences for the relief and reconstruction of Iraq since March 2003, and the efforts of the United States to encourage nations and organizations to fulfill such pledges; and (5) the progress of efforts to address other critical regional issues and conflicts that significantly affect the situation in Iraq. SEC. 4. SPECIAL ENVOY FOR IRAQ REGIONAL SECURITY. (a) Special Envoy for Iraq Regional Security.--Not later than 90 days after the date of the enactment of this Act, the President shall appoint a Presidential Special Envoy for Iraq Regional Security. (b) Duties.--The Presidential Special Envoy appointed pursuant to subsection (a) shall have the following duties: (1) Carry out, in consultation with the United States Ambassador to Iraq, the Commander of the Multi-National Forces- Iraq, and leaders of foreign nations and international organizations, the policy set forth in section 3(b) of this Act. (2) Enter into discussions with the Government of Iraq and governments of neighboring countries to support Iraq's efforts to achieve peace and stability and to take necessary actions to prevent regional instability. Such discussions shall include the establishment of security along Iraq's borders, the prevention of entry of weapons and foreign terrorists into Iraq, and cessation of destabilizing actions or interventions from outside Iraq's borders. (3) Organize an Iraq Support Group, consisting of representatives of the entities described in paragraph (2), to coordinate regional and international policy in support of Iraq's efforts to achieve peace and stability. (4) Work with officials of the Government of Iraq and other domestic stakeholders to organize a forum for negotiations on national reconciliation. (c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 and 2009. SEC. 5. COOPERATION WITH INTERNATIONAL PARTNERS. (a) International Donors Conference.-- (1) In general.--The Secretary of State shall undertake the organization of an international donors conference to solicit additional commitments of funding and support from the international community for ongoing reconstruction and economic development activities in Iraq. (2) Leadership of conference.--The international donors conference should be presided over by the Secretary-General of the United Nations or by the head of another international organization, as appropriate. (3) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 and 2009. (b) United Nations.--The President shall direct the Permanent Representative of the United States to the United Nations to consult with the United Nations Security Council to institute the regional diplomatic plan described in section 3(a) of this Act and to seek a new resolution in the United Nations Security Council that-- (1) supports regional and international cooperation in promoting stability and development in Iraq in accordance with the International Compact with Iraq; (2) encourages increased support for and participation in efforts to rebuild and expand Iraq's economy and critical infrastructure; and (3) authorizes renewed United Nations assistance to promote security and political reconciliation in Iraq, including a commitment to an increased United Nations role following the beginning of a strategic redeployment of United States Armed Forces personnel from Iraq.

New Diplomatic Offensive for Iraq Act - Directs the President to implement a regional diplomatic plan in conjunction with the U.N. Security Council to: (1) curtail the ongoing civil war in Iraq; (2) prevent the spread of violence from Iraq into neighboring countries; (3) prevent the establishment of safe havens for al-Qa'ida and other terrorist organizations; (4) prevent regional conflict; (5) prevent genocide, ethnic cleansing, and other crimes against humanity; and (6) promote a national process of reconciliation within Iraq. States that it is U.S. policy to: (1) undertake a sustained diplomatic effort to engage the governments of regional nations on issues that impact the situation in Iraq; (2) continue and expand U.S. direct bilateral talks with nations neighboring Iraq on issues of mutual interest; (3) support the goals specified in the International Compact for Iraq; and (4) encourage the increased engagement of international organizations in working to achieve stability and security in Iraq. Directs the President to appoint a Presidential Special Envoy for Iraq Regional Security whose duties shall include: (1) discussions with the government of Iraq and governments of neighboring countries to support Iraq's efforts to achieve peace and stability and to take necessary actions to prevent regional instability, including organizing a related Iraq Support Group; and (2) working with Iraqi officials and other domestic stakeholders to organize a forum for negotiations on national reconciliation. Directs the Secretary of State to organize an international donors conference to solicit additional international commitments of funding and support for reconstruction and economic development in Iraq. Directs the President direct the U.S. Permanent Representative to the United Nations to seek a Security Council resolution that: (1) supports regional and international cooperation in promoting stability and development in Iraq; (2) encourages increased support for efforts to rebuild and expand Iraq's economy and critical infrastructure; and (3) authorizes renewed U.N. assistance to promote security and political reconciliation in Iraq, including a commitment to an increased U.N. role following the beginning of a U.S. Armed Forces' redeployment from Iraq.

To require the President to seek to institute a regional diplomatic plan for the Middle East, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.-Israel Partnership to Hold Iran Accountable Act''. SEC. 2. UNITED STATES-ISRAEL JOINT COMMISSION TO ADDRESS IRANIAN COMPLIANCE WITH THE JCPOA. (a) Findings.--Congress finds the following: (1) Enforcement of the Joint Comprehensive Plan of Action (JCPOA) is of mutual concern to the United States and Israel. (2) There is particular concern that as the world turns elsewhere, Iran will exploit inattention, violate the JCPOA, and eventually obtain a nuclear weapon. Iran is already violating the letter and spirit of United Nations Security Council Resolution 2231 through ballistic missile launches. (3) Invigorating high-level dialogue between the United States and Israel on a joint strategy to prevent a nuclear armed Iran would strengthen mutual efforts to accomplish that goal. (4) A joint commission between the United States and Israel could engage in senior-level dialogue on implementing the JCPOA, working together to detect cheating by Iran and preparing contingency responses in the event Iran has begun a breakout to a nuclear weapon. (5) Both the United States and Israel have developed highly capable nuclear experts who can help each other refine their plans to respond if Iran has begun a breakout to a nuclear weapon, as well as ``red team'' vulnerabilities in response plans. (6) Detecting covert weaponization activities is extraordinarily difficult and most indicative of a change in Iran's calculus with respect to pursuing a nuclear weapon. It is critical that the United States and Israel coordinate among security professionals and political leadership to discuss how to identify and reach consensus on such a development. (b) Authorization.--The President, acting through the Secretary of State, is authorized to establish a joint commission with the Government of Israel to address Iranian compliance with the JCPOA. (c) Activities.--The commission should undertake the following activities: (1) Support professional dialogues to detect violations of the JCPOA by Iran, respond to such violations, and enhance technical monitoring capabilities. Such support may include travel and convening of conferences for meetings of nongovernmental experts. (2) Coordinate subcabinet level political discussions on contingency responses to violations of the JCPOA by Iran and responses to Iran's destabilizing, non-nuclear activities, including its launching of missiles in violation of United Nations Security Council Resolution 2231, support for terrorism, and human rights violations. (3) Coordinate technical discussions among the Department of State, the Department of the Treasury, and the Department of Energy, and counterpart Israeli ministries on technical aspects of implementation of the JCPOA, including-- (A) determining what constitutes a marginal violation of the JCPOA that would require international consultations and a flexible response and what constitutes a blatant violation of the JCPOA that should be challenged rapidly and decisively, such as the discovery of an undeclared nuclear facility or militarization activities; (B) determining ``red team'' technical conclusions regarding compliance with the JCPOA by Iran; (C) coordinating with the Department of Defense and the Israeli Ministry of Defense to facilitate joint military planning; and (D) providing recommendations to the Department of State regarding appropriate weapons sales to Israel to facilitate preparations by the United States and Israel to counter a serious violation of the JCPOA by Iran through military means. (d) Composition.-- (1) United states members.--The following officials of the United States Government should be appointed as members of the commission: (A) The Secretary of State, who should serve as chairperson of the commission. (B) The Secretary of the Treasury. (C) The Secretary of Energy. (D) The Secretary of Defense. (2) Israeli members.--It is the sense of Congress that officials of the Government of Israel who are counterparts to the United States Government officials described in paragraph (1) should be appointed as members of the commission. (3) Sense of congress.--It is the sense of Congress that the President should ensure participation by senior officials in the Executive Office of the President in the commission and ensure participation of relevant counterparts in the Office of the Prime Minister of Israel in the commission. (e) Coordination of Military Planning.--It is the sense of Congress that the Secretary of Defense should conduct joint military planning with the Government of Israel based on contingency scenarios identified by the commission under subsection (c), such as responding to the detection of a covert Iranian enrichment facility, new Iranian efforts at weaponization, or other clear indicators that Iran has begun a breakout to a nuclear weapon. (f) Definition.--In this section, the term ``Joint Comprehensive Plan of Action'' or ``JCPOA'' means the Joint Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran and by the People's Republic of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section for fiscal year 2017 such sums as may be necessary.

U.S.-Israel Partnership to Hold Iran Accountable Act This bill authorizes the Department of State to establish a joint commission with Israel to address Iranian compliance with the Joint Comprehensive Plan of Action (JCPOA). The commission should: support professional dialogues to detect and respond to JCPOA violations by Iran; coordinate subcabinet level political discussions on contingency responses to such violations and responses to Iran's destabilizing, non-nuclear activities, including missile launches, support for terrorism, and human rights violations; and coordinate technical discussions among the State Department, the Department of the Treasury, the Department of Energy, and counterpart Israeli ministries on technical aspects of JCPOA implementation. The bill expresses the sense of Congress that: Israeli officials who are counterparts to specified U.S. officials should be appointed as commission members; the President should ensure commission participation by senior officials in the Executive Office of the President and counterparts in the Office of the Prime Minister of Israel; and the Department of Defense should conduct joint military planning with Israel based on commission-identified contingency scenarios, such as responding to the detection of a covert Iranian enrichment facility, new Iranian weaponization efforts, or other clear indicators that Iran has begun a nuclear weapon breakout.

U.S.-Israel Partnership to Hold Iran Accountable Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Government Officer Benefit Limitation Act of 1993''. SEC. 2. PROHIBITION OF PERSONAL OR POLITICAL USE OF UNITED STATES GOVERNMENT AIRCRAFT. (a) In General.--(1) Notwithstanding any other provision of law, no aircraft which is owned or leased by the United States Government (including military aircraft) may be used for-- (A) any personal, political, or authorized special use travel; or (B) any official travel which is mixed with personal or political activities. (2) For purposes of this section the term ``authorized special use'' means use of a Government aircraft for the travel of an executive agency officer or employee, where the use of the Government aircraft is required because of bona fide communications or security needs of the agency or exceptional scheduling requirements. (b) Exceptions.--Subsection (a) shall not apply to use of aircraft by-- (1) the President or his immediate family (subject to reimbursement as provided under law); (2) the Vice President or his immediate family if the full costs, including the costs of operating and maintaining such aircraft, for such travel are reimbursed to the United States Government; or (3) civilian personnel and their dependents in remote locations for space available travel as authorized under section 4744 of title 10, United States Code. (c) Certain Political Travel.--Notwithstanding any other provision of law or regulation, the reimbursement for political travel on Government aircraft during a Presidential election campaign shall be the commercial equivalent rate for applicable charter aircraft for such travel. (d) Reports on Use.--(1) Each executive agency which maintains or uses Government owned or leased aircraft (including military aircraft) shall-- (A) require each traveler, except immediate family members and the spouse of such a traveler who is a Federal officer or employee, to certify that any travel on such aircraft is necessary for official purposes; and (B) beginning on April 15, 1993, and on the fifteenth day of every third month thereafter, submit a report to the Administrator of the General Services Administration with regard to the preceding 3-month period that-- (i) certifies that the use of such aircraft complied with Office of Management and Budget Circular A-126 as modified by the provisions of this Act; and (ii) identifies each traveler on such aircraft. (2) After the receipt of each report, the Administrator shall review each certification to ensure that the use of such aircraft complied with Office of Management and Budget Circular A-126 as modified. The Administrator shall make the information in any such report available to the public. (e) Legislative Agencies.--Each agency in the legislative branch of the Government (including each office and committee of the Congress) shall submit reports comparable to the reports submitted under subsection (c), with the appropriate administrative office of such agency. The reports submitted under this subsection shall be made available to the public for inspection. SEC. 3. GOLF COURSES. (a) Limitation.--No funds appropriated or otherwise made available to any agency may be expended to equip, operate, or maintain any golf course owned or operated by an agency. Any such golf course shall be operated by concessionaire contract and open to use by the general public. (b) Exception.--Subsection (a) shall not apply to-- (1) any golf course located in a remote or isolated area or those for the use of patients or residents at Veterans' Administration Hospitals, United States Soldiers' and Airmen's Home, or the National Institutes of Health; or (2) funds made available from gift funds or representation funds for activities authorized under law. (c) Use of Funds.--No more than 10 percent of the gross revenues generated from the operations of any golf course to which subsection (a) applies may be retained by the contracting military base to support morale, welfare or recreational purposes of the personnel at such base. The Secretary of Defense shall submit annual reports to the Congress which identify in detail how the funds retained have been expended. The Secretary of Defense is authorized to subsidize the golf fees for active and retired enlisted personnel utilizing such contracted courses and give priority access for military personnel. (d) Effective Date.--The provisions of this section shall take effect no later than June 1, 1993. SEC. 4. EXECUTIVE DINING FACILITIES. No funds appropriated or otherwise made available to any executive agency may be expended to subsidize the costs to equip, operate, or maintain dining rooms or kitchen facilities for the exclusive use of senior Government officers or to purchase or prepare food for consumption by such officers. This section shall not apply to dining rooms, facilities, or food for-- (1) the exclusive use or consumption of the President of the United States or his immediate family; or (2) use to carry out the official representational functions of the President or for those official activities conducted by executive branch departments or agencies for which representation funds have been authorized and appropriated. SEC. 5. LUXURY VEHICLES FOR TRANSPORTING GOVERNMENT OFFICERS. (a) Luxury Vehicles.--No funds appropriated or otherwise made available to any agency or the Congress may be expended to acquire, through lease or purchase, luxury vehicles for the purpose of transporting senior Government officers, except for-- (1) a Government officer as authorized under section 1344 of title 31, United States Code; (2) a Government officer who holds the office of Assistant Secretary or higher; (3) the head of any executive agency and the second highest ranking officer in such agency; (4) officials commissioned by the President or paid at a rate of pay equal to or greater than the rate payable for level IV of the Executive Schedule in the Executive Office of the President; or (5) Members of Congress serving in leadership positions (including any former President pro tempore of the Senate) or elected or appointed officers of the Congress. (b) Drivers.--(1) Subject to paragraph (2), no funds appropriated or otherwise made available to any agency may be expended to employ drivers for the exclusive use of transporting senior Government officers, except the officers described under subsection (a)(1) through (5). (2) The provisions of this subsection shall not be construed to prohibit the expenditure of funds to employ drivers of multipassenger vehicles, such as vans or buses, which are not luxury vehicles. (c) Purchase or Lease of Luxury Vehicles.--The General Services Administration, in consultation with the Office of Management and Budget shall prescribe regulations and uniform guidelines for all executive agencies for the purchase or lease of luxury vehicles for or by the United States Government, that shall ensure the least cost to the United States Government. On October 1, 1993, and on October 1 of each year thereafter, the General Services Administration shall submit a report to the Congress on-- (1) executive agency compliance with such regulations; (2) the number of all vehicles purchased or leased by each executive agency; (3) the costs of executive agency vehicle purchases or leases; (4) the type of each such executive agency vehicle and the purpose for which it is used; and (5) the identification of executive agency Federal officers and employees who used such vehicles. (d) Legislative Agencies.--Each agency in the legislative branch of the Government (including each office and committee of the Congress) shall submit reports comparable to reports submitted under subsection (c) with the appropriate administrative offices of such agency. (e) Definition.--For purposes of this section the term ``luxury vehicle'' means a vehicle that is-- (1) a class IV or V sedan (as classified under section 101- 38.101-1 of title 41 of the Code of Federal Regulations as in effect on the date of the enactment of this Act) or other large sedan-type vehicle with above standard features; and (2) owned or leased by the United States Government. (f) Exception.--The provisions of this section shall not apply with regard to emergency vehicles or vehicles equipped for law enforcement purposes. (g) Regulations.--The Administrator of General Services shall issue regulations subject to the approval of the Office of Management and Budget, to implement the provisions of this section for executive agencies. SEC. 6. PHYSICAL FITNESS FACILITIES. (a) Costs and Fees.--Subject to the provisions of subsection (c), no appropriated funds made available to any executive or legislative agency (including any office or committee of the Congress) shall be expended for the costs of membership or other fees for the use of physical fitness facilities, including exercise equipment and classes. (b) Administrative Leave.--No executive or legislative agency (including any office or committee of the Congress) may grant administrative leave to an employee for the purpose of physical fitness activities, except with regard to an employee described under subsection (c). (c) Exception.--(1) The provisions of subsections (a) and (b) shall not apply to any agency with regard to-- (A) employees in positions which require such employees to meet physical fitness standards as a condition of employment; or (B) benefits provided to employees under a collective bargaining agreement. (2) Funds for purposes described under subsection (a), may be expended only for the costs of maintaining the physical fitness of such employees. (d) Definition.--For purposes of this section the term ``physical fitness facility'' means any facility used for physical exercise that provides equipment and services for such use in addition to lockers and showers. SEC. 7. MEDICAL SERVICES. (a) Limitation.--No funds appropriated or otherwise made available to an executive or legislative agency may be used for the provision of medical services provided by the Public Health Service, the employing agency, any other Federal agency or other medical service provider to a Government officer or employee. (b) Exception.--Subsection (a) shall not apply to medical services-- (1) provided by agencies to Government officers or employees in cases of emergency; (2) determined by the head of an agency to be in the best interest of the agency such as occupational health and safety programs, preventive health care, or environmental safety programs; (3) provided to uniformed military personnel and military retirees under law; (4) including medical and dental care provided under section 1074 of title 10, United States Code, and regulations issued pursuant thereto; (5) agency contributions for employee health plans under chapter 89 of title 5, United States Code, or any other provision of law; or (6) services required under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (c) Regulations.--The Secretary of Health and Human Services and the Department of Defense, in consultation with the Office of Personnel Management, shall issue regulations for executive agencies that provide additional guidance including uniform fee schedules, as appropriate, to implement this section. SEC. 8. SOUVENIRS. (a) Limitation.--No funds appropriated or otherwise made available to any executive or legislative agency or Congress may be used for the purchase or distribution of souvenirs. (b) Exception.--Subsection (a) shall not apply to those tokens or mementos authorized-- (1) in guidelines to be issued by the Director of the Office of Management and Budget prepared in consultation with the Comptroller General of the United States; or (2) by law or resolution of the Congress. SEC. 9. REDUCTION OF NONCAREER SENIOR EXECUTIVE SERVICE POSITIONS AND SCHEDULE C POSITIONS. (a) Limitations.--The total number of Senior Executive Service positions in all executive agencies filled by noncareer appointees and the total number of positions in all executive agencies of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations, shall each be reduced-- (1) on no later than October 1, 1993, by 5 percent of the respective total numbers of such positions as existed on September 30, 1991; (2) on no later than October 1, 1994, by an additional 5 percent of the respective total numbers of such positions as existed on September 30, 1991; and (3) on no later than October 1, 1995, and thereafter, by an additional 5 percent of the respective total numbers of such positions as existed on September 30, 1991. (b) Conforming Amendments.--(1) Section 3133 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(f) This section is subject to the limitations of section 9 of the Senior Government Officer Benefit Limitation Act of 1993.''. (2) Section 3134 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(f) This section is subject to the limitations of section 9 of the Senior Government Officer Benefit Limitation Act of 1993. The provisions of this subsection shall apply notwithstanding any other provision of this section. In the administration of this section, the percentages referred to in subsections (b), (c), (d), and (e) (relating to authority to employ certain appointees) shall each be reduced as necessary to carry out the provisions of this subsection.''. SEC. 10. DEFINITIONS. For purposes of this Act the term-- (1) ``executive agency'' means an Executive agency as such term is defined under section 105 of title 5, United States Code (except for the General Accounting Office) and includes the Executive Office of the President; and (2) ``senior Government officer'' means any person-- (A) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, United States Code; (B) employed in a position in an executive agency, including any independent agency, at a rate of pay payable for level I of the Executive Schedule or employed in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule; (C) employed in an executive agency in a position that is not referred to under paragraph (1) (other than a position that is subject to pay adjustment under section 1009 of title 37, United States Code) and for which the basic rate of pay, exclusive of any locality- based pay adjustment under section 5304 of title 5, United States Code (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for level V of the Executive Schedule; (D) appointed by the President to a position under section 105(a)(2) (A) or (B) of title 3, United States Code, or by the Vice President to a position under section 106(a)(1) (A) or (B) of title 3, United States Code; or (E) who is a Member of Congress, or an elected or appointed officer of the Congress. SEC. 11. REPORT. (a) In General.--No later than September 30, 1994, and on September 30 of each year thereafter the Office of Management and Budget shall submit a report to the Congress on the compliance of the executive branch of Government with the provisions of this Act. (b) Senior Position Reductions.--No later than September 30, 1993, and again on September 30, 1994, the Office of Management and Budget shall submit a report to the Congress on the compliance of the executive branch of Government with the provisions of section 8 of this Act. SEC. 12. GIFT FUNDS. In the administration of sections 3, 4, 5 and 8, restrictions on expenditures shall not be deemed to apply to gift funds that an agency is otherwise authorized to collect under law. SEC. 13. REGULATIONS. Except as otherwise provided by this Act, regulations implementing the provisions of this Act shall be promulgated-- (1) by the President, or his designee, with regard to each executive agency; and (2)(A) by the Majority Leader and Minority Leader of the Senate, or their designee, with regard to each office and committee of the Senate; (B) by the Speaker of the House of Representatives, or his designee, with regard to each office and committee of the House of Representatives; and (C) by the Majority Leader and Minority Leader of the Senate and the Speaker of the House of Representatives, or their designee, with regard to any joint committee of the Congress, or any agency of the legislative branch of Government. SEC. 14. NONAPPLICABILITY. The provisions of this Act shall not apply to the judicial branch of the Government. SEC. 15. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the provisions of this Act shall be effective on and after October 1, 1993. (b) Exception.--The President, the Office of Management and Budget, and the Office of Personnel Management shall take such necessary actions on and after the date of the enactment of this Act to carry out the provisions of sections 9(a) and 11(b) of this Act. S 234 IS----2

Senior Government Officer Benefit Limitation Act of 1993 - Prohibits the use of aircraft owned or leased by the Federal Government for: (1) any personal, political, or authorized special use travel; or (2) any official travel mixed with personal or political activities. Lists exceptions to such prohibition, which include the President, Vice President, and their families, if they reimburse the Federal Government for the travel. Requires the reimbursement for political travel on Government aircraft during a Presidential election campaign to be the commercial equivalent rate for applicable charter aircraft. Requires agency reports on the use of Government owned or leased aircraft. Prohibits the expenditure of Federal agency funds to equip, operate, or maintain any golf course owned or operated by an agency, except under certain circumstances. Requires any such golf course to be operated by concessionaire contract and be open to the general public. Limits use of golf course revenues. Prohibits the expenditure of Federal agency funds to: (1) subsidize dining rooms, kitchen facilities, or food preparation for the exclusive use of senior Government officers, except in certain circumstances; (2) acquire luxury vehicles to transport senior Government officers, except for cabinet officers and executive agency heads, among others; or (3) employ drivers for the exclusive use of transporting any senior Government officers except those specified. Requires the General Services Administration to prescribe regulations and uniform guidelines for all executive agencies for the purchase or lease of luxury vehicles that ensure the least cost of the Government. Sets forth additional limitations on other perquisites, namely: (1) physical fitness facilities; (2) medical services; and (3) souvenirs. Establishes a schedule for reductions in executive agency noncareer Senior Executive Service positions and Schedule C positions.

Senior Government Officer Benefit Limitation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Human Trafficking in Commercial Vehicles Act''. SEC. 2. HUMAN TRAFFICKING PREVENTION COORDINATOR. The Secretary of Transportation shall designate an official within the Department of Transportation who shall-- (1) coordinate human trafficking prevention efforts across modal administrations in the Department of Transportation and with other departments and agencies of the Federal Government; and (2) in coordinating such efforts, take into account the unique challenges of combating human trafficking within different transportation modes. SEC. 3. EXPANSION OF OUTREACH AND EDUCATION PROGRAM. Section 31110(c)(1) of title 49, United States Code, is amended by adding at the end the following: ``The program authorized under this subsection may support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking, while deferring to existing resources, as practicable.''. SEC. 4. EXPANSION OF COMMERCIAL DRIVER'S LICENSE FINANCIAL ASSISTANCE PROGRAM. Section 31313(a)(3) of title 49, United States Code, is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking; or''. SEC. 5. ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION ADVISORY COMMITTEE ON HUMAN TRAFFICKING. (a) Establishment.--The Secretary shall establish an advisory committee on human trafficking. (b) Membership.-- (1) Composition.--The Committee shall be composed of not more than 15 external stakeholder members whose diverse experience and background enable them to provide balanced points of view with regard to carrying out the duties of the Committee. (2) Selection.--The Secretary shall appoint the external stakeholder members to the Committee, including representatives from-- (A) trafficking advocacy organizations; (B) law enforcement; and (C) trucking, bus, rail, aviation, maritime, and port sectors, including industry and labor. (3) Periods of appointment.--Members shall be appointed for the life of the Committee. (4) Vacancies.--A vacancy in the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. (5) Compensation.--Committee members shall serve without compensation. (c) Authority.--Not later than 9 months after the date of enactment of this Act, the Secretary shall establish and appoint all members of the Committee. (d) Duties.-- (1) Recommendations for the department of transportation.--Not later than 18 months after the date of enactment of this Act, the Committee shall make recommendations to the Secretary on actions the Department can take to help combat human trafficking, including the development and implementation of-- (A) successful strategies for identifying and reporting instances of human trafficking; and (B) recommendations for administrative or legislative changes necessary to use programs, properties, or other resources owned, operated, or funded by the Department to combat human trafficking. (2) Best practices and recommendations.-- (A) In general.--The Committee shall develop recommended best practices for States and State and local transportation stakeholders to follow in combating human trafficking. (B) Development.--The best practices shall be based on multidisciplinary research and promising, evidence-based models and programs. (C) Content.--The best practices shall be user-friendly, incorporate the most up-to-date technology, and include the following: (i) Sample training materials. (ii) Strategies to identify victims. (iii) Sample protocols and recommendations, including-- (I) strategies to collect, document, and share data across systems and agencies; (II) strategies to help agencies better understand the types of trafficking involved, the scope of the problem, and the degree of victim interaction with multiple systems; and (III) strategies to identify effective pathways for State agencies to utilize their position in educating critical stakeholder groups and assisting victims. (D) Informing states of best practices.--The Secretary shall ensure that State Governors and State departments of transportation are notified of the best practices and recommendations. (e) Reports.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (1) submit a report on the actions of the Committee described in subsection (d) to-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (2) make the report under paragraph (1) publicly available both physically and online. (f) Definitions.--In this section: (1) Committee.--The term ``Committee'' means the Department of Transportation Advisory Committee on Human Trafficking established under subsection (a). (2) Human trafficking.--The term ``human trafficking'' means an act or practice described in paragraph (9) or paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Combating Human Trafficking in Commercial Vehicles Act (Sec. 2) This bill directs the Department of Transportation (DOT) to designate an official to: (1) coordinate human trafficking prevention efforts across DOT modal administrations and with other federal agencies, and (2) take into account the unique challenges of combating human trafficking within different transportation modes. (Sec. 3) The bill expands the Federal Motor Carrier Safety Administration's outreach and education program and DOT's commercial driver's license financial assistance program to include activities for the recognition, prevention, and reporting of human trafficking. (Sec. 5) DOT shall establish an advisory committee on human trafficking. The committee shall: (1) make recommendations on actions DOT can take to help combat human trafficking, and (2) develop recommended best practices for states and state and local transportation stakeholders in combating human trafficking.

Combating Human Trafficking in Commercial Vehicles Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Authorization Act for Fiscal Years 1998 and 1999''. TITLE I--AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (a) Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1998, as follows: (1) For the operation and maintenance of the Coast Guard, $2,740,000,000, of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $379,000,000, to remain available until expended, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (3) For research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $19,000,000, to remain available until expended, of which $3,500,000 shall be derived from the Oil Spill Liability Trust Fund. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $645,696,000. (5) For environmental compliance and restoration at Coast Guard facilities functions (other than parts and equipment associated with operations and maintenance), $21,000,000, to remain available until expended. (b) Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1999, as follows: (1) For the operation and maintenance of the Coast Guard, $2,740,000,000, of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $379,000,000, to remain available until expended, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (3) For research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $19,000,000, to remain available until expended, of which $3,500,000 shall be derived from the Oil Spill Liability Trust Fund. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $675,568,000. (5) For environmental compliance and restoration at Coast Guard facilities functions (other than parts and equipment associated with operations and maintenance), $21,000,000, to remain available until expended. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) The Coast Guard is authorized an end-of-year strength for active duty personnel of 37,660 as of September 30, 1998. (b) For fiscal year 1998, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, 1,368 student years. (2) For flight training, 98 student years. (3) For professional training in military and civilian institutions, 283 student years. (4) For officer acquisition, 797 student years. (c) The Coast Guard is authorized an end-of-year strength for active duty personnel of such numbers as may be necessary as of September 30, 1999. (d) For fiscal year 1999, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, such student years as may be necessary (2) For flight training, such student years as may be necessary. (3) For professional training in military and civilian institutions, such student years as may be necessary. (4) For officer acquisition, such student years as may be necessary. TITLE II--PERSONNEL MANAGEMENT SEC. 201. REMOVE CAP ON WARRANT OFFICER SEVERANCE PAY. Section 286a(d) of title 14, United States Code, is amended by striking the last sentence. SEC. 202. SPECIAL RECRUITING AUTHORITY. (a) Section 93 of title 14, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (u); (2) by striking the period at the end of paragraph (v) and inserting a semicolon and the word ``and''; and (3) by adding at the end the following: ``(w) for the purposes of rectifying under representation of minorities in the Coast Guard where it exists and to meet identified personnel resource requirements and training needs-- ``(1) obtain research on Coast Guard personnel resource and training needs; and ``(2) employ special programs for recruiting minorities, including, subject to appropriations, the provision of financial assistance by grant, cooperative agreement, contract, or otherwise, to public or private associations, organizations, or individuals (including academic scholarships for individuals), to meet identified personnel resource requirements.''. (b) The special recruiting authority provided in this section shall expire on December 31, 2002. Prior to any extension of this authority beyond December 31, 2002, the Secretary shall submit a report to Congress providing information on the funds expended for programs under this authority and the effectiveness of those programs in increasing the representation of minorities in the Coast Guard. TITLE III--FINANCIAL AND PROPERTY MANAGEMENT SEC. 301. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY FUNERALS. Section 93 of title 14, United States Code, as amended by section 202 of this Act, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (v); (2) by striking the period at the end of paragraph (w) and inserting ''; and''; and (3) by adding at the end the following new paragraph: ``(x) rent or lease, under such terms and conditions as are deemed advisable, commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetary.''. SEC. 302. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION. The Commandant may use up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base. If the Department of Defense provides such economic adjustment assistance to the City of Novato on behalf of the Coast Guard, the Coast Guard may use funds to reimburse the Department of Defense. SEC. 303. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT. Subsection 650(a) of title 14, United States Code, is amended by striking ``The fund shall be credited with the value of materials consumed, issued for use, sold, or otherwise disposed of, such values to be determined on a basis that will approximately cover the cost thereof.'' and inserting ``In these regulations, whenever the fund is reduced to delete items stocked, the Secretary shall reduce the existing capital of the fund by the value of the materials transferred to other Coast Guard accounts. Except for the materials so transferred, the fund shall be credited with the value of materials consumed, issued for use, sold, or otherwise disposed of, such values to be determined on a basis that will approximately cover the cost thereof.''. SEC. 304. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS. (a) Section 93 of title 14, United States Code, as amended by sections 202 and 301 of this Act, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (w); (2) by striking the period at the end of paragraph (x) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(y) provide for the honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions or operations, including but not limited to state and local governments and commercial and nonprofit organizations, and pay for, using any appropriations or funds available to the Coast Guard, plaques, medals, trophies, badges, and similar items to acknowledge such contribution (including reasonable expenses of ceremony and presentation).''. TITLE IV--REPORTS AND INVESTIGATIONS SEC. 401. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY RELEASE. Section 6305 of title 46, United States Code, is amended: (1) by striking ``(a)''; and (2) by striking subsection (b) in its entirety. SEC. 402. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT. Section 7001 of the Oil Pollution Act of 1990 (Public Law 101-380; 104 Stat. 559) is amended by striking all of subsection (e) and by redesignating subsection (f) as subsection (e). TITLE V--MARINE SAFETY AND ENVIRONMENTAL PROTECTION SEC. 501. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS. (a) Section 102 of the Ports and Waterways Safety Act (Public Law 92-340; 33 U.S.C. 1222) is amended by adding at the end the following: ``(5) `Navigable waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.''. (b) Subtitle II of title 46, United States Code, is amended as follows: (1) In section 2101-- (A) by redesignating paragraph (17a) as paragraph (17b); and (B) by inserting after paragraph (17) the following: ``(17a) `navigable waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.''. (2) In section 2301, by inserting ``(including the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988,)'' after ``of the United States''. (3) In section 4102(e), by striking ``on the high seas'' and inserting ``beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured''. (4) In section 4301(a), by inserting ``(including the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988)'' after ``of the United States''. (5) In section 4502(a)(7), by striking ``on vessels that operate on the high seas'' and inserting ``beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured''. (6) In section 4506(b), by striking paragraph (2) and inserting the following: ``(2) is operating-- ``(A) in internal waters of the United States, or ``(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.''. (7) In section 8502(a)(3), by striking ``not on the high seas'' and inserting: ``not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured''. (8) In section 8503(a)(2), by striking paragraph (2) and inserting the following: ``(2) is operating-- ``(A) in internal waters of the United States, or ``(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.''. (c) Section 1 of title XIII of the Act of June 15, 1917 (50 U.S.C. 195), is amended-- (1) by inserting ``(a)'' before ``The term'', and (2) by adding at the end the following: ``(b) As used in this Act, the term `territorial waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.''. SEC. 502. MANDATORY SUSPENSION AND REVOCATION FOR MERCHANT MARINER LICENSES. (a) Section 7703 of title 46, United States Code, is amended by adding a new subsection (b) to read as follows: ``(b) Notwithstanding section 7702(a) of this title, the Secretary shall suspend or revoke, as determined under guidelines established by regulation, a license, certificate of registry, or merchant mariner's document of the holder-- ``(1) has had one or more charges initiated under subsection (a)(1) (A) or (B) of this section, found proved in two or more hearings under this chapter; or ``(2) has accumulated one or more convictions of offenses under subsection (a) (2) or (3) of this section.''. (b) Section 7703 of title 46, United States Code, is amended by inserting ``(a)'' at the beginning of the section.

TABLE OF CONTENTS: Title I: Authorizations Title II: Personnel Management Title III: Financial and Property Management Title IV: Reports and Investigations Title V: Marine Safety and Environmental Protection Coast Guard Authorization Act for Fiscal Years 1998 and 1999 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; and (5) environmental compliance and restoration at Coast Guard facilities. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Personnel Management - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. (Sec. 202) Authorizes the Coast Guard Commandant to: (1) obtain research on personnel resource and training needs; and (2) employ special programs for recruiting minorities, including using grants, cooperative agreements, and contracts. Terminates those authorities on a specified date. Title III: Financial and Property Management - Authorizes the Commandant to rent or lease commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery. (Sec. 302) Authorizes the use of up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base (or to reimburse the Department of Defense for providing that assistance). (Sec. 303) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts. (Sec. 304) Authorizes honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations, including State and local governments and commercial and nonprofit organizations. Allows payment for plaques, medals, and similar items. Title IV: Reports and Investigations - Removes provisions requiring that reports be made public. (Sec. 402) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress. Title V: Marine Safety and Environmental Protection - Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. Amends the Act of June 15, 1917 (relating to foreign relations, neutrality, foreign commerce, espionage, and enforcement of criminal laws) to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. (Sec. 502) Amends Federal law relating to vessels and seamen to revise the bases for suspension or revocation of a license, certificate of registry, or merchant mariner's document.

Coast Guard Authorization Act for Fiscal Years 1998 and 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Cooperative Federalism Act of 2011''. SEC. 2. STATE WATER QUALITY STANDARDS. (a) State Water Quality Standards.--Section 303(c)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking ``(4)'' and inserting ``(4)(A)''; (3) by striking ``The Administrator shall promulgate'' and inserting the following: ``(B) The Administrator shall promulgate''; and (4) by adding at the end the following: ``(C) Notwithstanding subparagraph (A)(ii), the Administrator may not promulgate a revised or new standard for a pollutant in any case in which the State has submitted to the Administrator and the Administrator has approved a water quality standard for that pollutant, unless the State concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of this Act.''. (b) Federal Licenses and Permits.--Section 401(a) of such Act (33 U.S.C. 1341(a)) is amended by adding at the end the following: ``(7) With respect to any discharge, if a State or interstate agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate determines under paragraph (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination.''. (c) State NPDES Permit Programs.--Section 402(c) of such Act (42 U.S.C. 1342(c)) is amended by adding at the end the following: ``(5) Limitation on authority of administrator to withdraw approval of state programs.--The Administrator may not withdraw approval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding-- ``(A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or ``(B) the implementation of any Federal guidance that directs the interpretation of the State's water quality standards.''. (d) Limitation on Authority of Administrator To Object to Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is amended by adding at the end the following: ``(5) The Administrator may not object under paragraph (2) to the issuance of a permit by a State on the basis of-- ``(A) the Administrator's interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or ``(B) the implementation of any Federal guidance that directs the interpretation of the State's water quality standards.''. SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. (a) Authority of EPA Administrator.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended-- (1) by striking ``(c)'' and inserting ``(c)(1)''; and (2) by adding at the end the following: ``(2) Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1).''. (b) State Permit Programs.--The first sentence of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The Governor of any State desiring to administer its own individual and general permit program for the discharge'' and inserting ``The Governor of any State desiring to administer its own individual and general permit program for some or all of the discharges''. SEC. 4. DEADLINES FOR AGENCY COMMENTS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended-- (1) in subsection (m) by striking ``ninetieth day'' and inserting ``30th day (or the 60th day if additional time is requested)''; and (2) in subsection (q)-- (A) by striking ``(q)'' and inserting ``(q)(1)''; and (B) by adding at the end the following: ``(2) The Administrator and the head of a department or agency referred to in paragraph (1) shall each submit any comments with respect to an application for a permit under subsection (a) or (e) not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection.''. SEC. 5. APPLICABILITY OF AMENDMENTS. The amendments made by this Act shall apply to actions taken on or after the date of enactment of this Act, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated as of such date of enactment. SEC. 6. REPORTING ON HARMFUL POLLUTANTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress a report on any increase or reduction in waterborne pathogenic microorganisms (including protozoa, viruses, bacteria, and parasites), toxic chemicals, or toxic metals (such as lead and mercury) in waters regulated by a State under the provisions of this Act, including the amendments made by this Act. SEC. 7. PIPELINES CROSSING STREAMBEDS. None of the provisions of this Act, including the amendments made by this Act, shall be construed to limit the authority of the Administrator of the Environmental Protection Agency, as in effect on the day before the date of enactment of this Act, to regulate a pipeline that crosses a streambed. SEC. 8. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity.-- (1) Analysis.--Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any covered action, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection.--A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered action.--The term ``covered action'' means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.): (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact.--The term ``more than a de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.

Clean Water Cooperative Federalism Act of 2011 [sic] - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: (1) promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; (2) taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; (3) withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; and (4) prohibiting the specification of any defined area as a disposal site for the discharge of dredged or fill material into navigable waters and denying or restricting the use of such area as a disposal site in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas. Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application. Applies this Act to actions taken on or after this Act's date of enactment, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated. Requires the Administrator to report on any increase or reduction in waterborne pathogenic microorganisms (including protozoa, viruses, bacteria, and parasites), toxic chemicals, or toxic metals (such as lead and mercury) in waters regulated by a state under this Act. Prohibits this Act from being construed to limit the authority of the Administrator to regulate a pipeline that crosses a streambed. Requires the Administrator, before issuing a regulation, policy statement, guidance, response to a petition, or other requirement or implementing a new or substantially altered program under this Act, to analyze the impact, disaggregated by state, of such action on employment levels and economic activity. Directs the Administrator to: (1) post such analysis on EPA's website; (2) request that the governor of any state experiencing more than a de minimis negative impact on employment levels or economic activity (a loss of more than 100 jobs or a decrease in economic activity of more than $1 million) post such analysis in the state's Capitol; (3) hold a public hearing in each state where such action will have more than a de minimis negative impact; and (4) give notice of such impact to states' congressional delegations, governors, and legislatures.

A bill to amend the Federal Water Pollution Control Act to preserve the authority of each State to make determinations relating to the State's water quality standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Materials Transportation Act Reauthorization Amendments of 1993''. SEC. 2. DEFINITIONS. Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1802) is amended in each of paragraphs (5)(B) and (6)(A)(iii) by striking ``packages'' and inserting ``packaging''. SEC. 3. REGULATIONS. Section 105 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804) is amended-- (1) subsection (a)(3) by inserting ``hazardous materials'' after ``shipped,''; (2) in each of subsections (a)(3) and (a)(4)(B)(v) by striking ``package'' and inserting ``packaging''; (3) by striking paragraph (1) of subsection (e) and inserting the following: ``(1) a container or package, or a component of a container or package, for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of this title unless it meets the requirements of all applicable regulations issued under this title; or''. SEC. 4. REGISTRATION. Section 106(c) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1805(c)) is amended by adding at the end the following: ``(16) Authority of secretary to waive mandatory filing requirement.--The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.''. SEC. 5. INSPECTION-. Section 109(c)(1) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1808(c)) is amended by striking ``packages'' and inserting ``packagings''. SEC. 6. PENALTIES. Section 110(a)(1) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1809(a)(1)) is amended by striking ``package'' and inserting ``packaging''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 115(a) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1812(a)) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated for carrying out this title (other than section 117, 117A, 118, and 121) not to exceed $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, $19,670,000 for fiscal year 1997, and $20,260,000 for fiscal year 1998.''. SEC. 8. TRAINING. (a) Supplemental Public Sector Training Grants.--Section 117A of the Hazardous Materials Transportation Act (49 U.S.C. App. 1815) is amended by adding at the end the following: ``(j) Supplemental Training Grants.-- ``(1) In general.--In order to further the purposes of subsection (b), relating to training public sector employees to respond to accidents and incidents involving hazardous materials, the Secretary shall make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training individuals with statutory responsibility to respond to hazardous materials accidents and incidents. ``(2) Use of funds.--Funds granted to an organization under this subsection may be used-- ``(A) to identify regions or locations in which fire departments are in need of hazardous materials training; ``(B) to prioritize such needs and develop a means for evaluating specific training needs; ``(C) to train instructors to conduct hazardous materials response training programs and evaluate the efficacy of such training programs; ``(D) to purchase training equipment for such training programs; and ``(E) to disseminate on a nationwide basis the data developed, and the findings derived from projects carried out, under this subsection. ``(3) Use of training courses.--The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to use in such fiscal year-- ``(A) a course or courses developed or identified under section 117A(g); or ``(B) other courses which the Secretary determines are consistent with the objectives of this subsection; for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. ``(4) Terms and conditions.--The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection. ``(k) Reports.--Not later than September 30, 1997, the Secretary shall submit to Congress a report on the allocation and uses of training grants authorized under subsection (b) for fiscal years 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 118 for fiscal years 1995 and 1996. Such report shall identify nonprofit organizations receiving training grants and include a detailed accounting of all grant expenditures by grant recipients, the number of employees trained under the grant programs, and an evaluation of the efficacy of training programs carried out.''. (b) Funding.--Section 117A(i)(2) of such Act is amended-- (1) by inserting ``(A) General program.--'' before ``There''; (2) by indenting subparagraph (A), as so designated, and moving subparagraph (A) 2 ems to the right; and (3) by adding at the end the following new subparagraph: ``(B) Supplemental program.-- ``(i) From fees.--There shall be available to the Secretary for carrying out subsection (j), from amounts in the account established pursuant to subsection (h), $250,000 per fiscal year for each of fiscal years 1995, 1996, 1997, and 1998. ``(ii) From general revenues.--In addition to amounts made available under clause (i), there is authorized to be appropriated to the Secretary for carrying out subsection (j) $2,000,000 per fiscal year for each of fiscal years 1995, 1996, 1997, and 1998.''. (c) Hazmat Employee Training Program.--Section 118 of such Act is amended-- (1) in subsection (a) by striking ``may'' and inserting ``shall, subject to the availability of funds under subsection (d),''; (2) in subsection (b) by striking ``National'' and all that follows through ``Labor'' and inserting ``Secretary''; (3) in subsection (c) by inserting ``hazmat employee'' after ``nonprofit''; and (4) by striking subsection (d) and inserting the following: ``(d) Funding.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 per fiscal year for each of fiscal years 1995, 1996, 1997, and 1998.''. (d) Conforming Amendments.--Section 117A(h) of such Act is amended-- (1) in paragraph (2)(H) by striking ``and section 118''; (2) in paragraph (6)(B)(i) by striking ``and section 118''; and (3) in paragraph (6)(B)(iii) by striking ``and section 118''. SEC. 9. FEDERAL CONTRACTORS. Section 120 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1818) is amended by striking ``package'' and inserting ``packaging''. SEC. 10. COMPUTERIZED TELECOMMUNICATION DATA CENTER PILOT PROJECTS. (a) Grants.--The Secretary of Transportation may make grants to 1 or more persons, including a State or local government or department, agency, or instrumentality thereof, to carry out a pilot project to demonstrate the feasibility of establishing and operating a reporting system and computerized telecommunication data center that is capable-- (1) of receiving, storing, and retrieving data on all daily shipments of hazardous materials transported by motor carriers of property; (2) of identifying the types of hazardous materials being transported by a motor carrier of property; and (3) of providing information to facilitate responses to accidents and incidents involving such shipments. (b) Selection of Carriers.--The pilot project to be carried out under this section must involve 2 or more motor carriers of property. One of the motor carriers selected to participate in the project must be a carrier that transports mostly hazardous materials. The other motor carrier selected must be a regular-route common carrier that specializes in transporting less than truck-load shipments. The motor carriers selected may be engaged in multimodal movements of hazardous materials with other motor carriers, rail carriers, or water carriers. (c) Terms and Conditions.--The Secretary may impose such terms and conditions on grants to be made under this section as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this section. (d) Coordination.--To the maximum extent practicable, the Secretary of Transportation shall coordinate a pilot project to be carried out under this section with any existing Federal, State, and local government projects and private projects which are similar to the pilot project to be carried out under this section. The Secretary may require that a pilot project under this section be carried out in conjunction with such similar Federal, State, and local government projects and private projects. (e) Federal Share.--The Federal share of the cost of a pilot project carried out under this section shall be 100 percent, unless the grantee selected to carry out such project agrees to a lower Federal share. (f) Report.--Not later than December 31, 1997, the Secretary of Transportation shall transmit to Congress a report on the results of pilot projects carried out under this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1995 and 1996. Such sums shall remain available until expended. SEC. 11. STUDY OF HAZARDOUS WASTES TRANSPORTATION NEAR FEDERAL PRISONS. (a) Study.--The Secretary of Transportation shall conduct a study to determine the safety considerations of transporting hazardous wastes in close proximity to Federal prisons, particularly those housing maximum security prisoners. Such study shall include, but not be limited to, an evaluation of the ability of such facilities and the designated local planning agencies to safely evacuate such prisoners in the event of an emergency and any special training, equipment, or personnel that would be required by such facility and the designated local emergency planning agencies to carry out such evacuation. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section, along with the Secretary's recommendations for any legislative or regulatory changes to enhance the safety regarding the transportation of hazardous wastes near Federal prisons. SEC. 12. STUDY OF RADIO MICROWAVE TECHNOLOGIES AND HIGHWAY SAFETY. (a) Arrangements With Appropriate Entity.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation shall enter into appropriate arrangements with the National Academy of Sciences or any other appropriate entity to conduct a comprehensive study and investigation with respect to both commercial motor vehicles carrying hazardous materials and commercial motor vehicles generally of the following: (1) Whether there is a safety justification for regulating the use of radar detectors in such vehicles. (2) Whether there are ways in which radio microwave technologies may be used to enhance the safety of such vehicles, including by warning drivers of such vehicles of-- (A) segments of roadway under construction, maintenance, or repair; (B) obstructions on or adjacent to the roadway, including accident sites; (C) segments of roadway which have historically higher accident rates; and (D) conditions of restricted visibility caused by snow, rain, fog, or dust. (3) Whether there are ways radio microwave technologies may be used in the application of intelligent vehicle highway systems consistent with the goals of the Intelligence Vehicle- Highway Systems Act of 1991. (b) Consultation.--The entity conducting the study and investigation under subsection (a) shall consult in all aspects of the study and investigation, including study design, organizations representing the commercial motor vehicle industry (including segments of the industry which transport hazardous materials), manufacturers of radar detectors, users of radar detectors, highway safety advocates, and such other persons as such entity considers appropriate. (c) Availability of Information.--The Secretary of Transportation shall provide to the entity conducting the study and investigation under subsection (a) any information or data which such entity determines is necessary for the purpose of conducting such study and investigation. The Secretary shall work with the States and other appropriate organizations to develop, to the extent necessary, any new information or data that is required to carry out such study and investigation. (d) Report.--The entity conducting the study and investigation under subsection (a) shall report to the Secretary and Congress its findings and recommendations with respect to such study and investigation not later than September 30, 1995. (e) Secretarial Review and Report.--Upon receipt of the report under subsection (d), the Secretary of Transportation shall commence a review of such report and of Federal policies regarding the use of radar detectors and other radio microwave technologies with respect to both commercial motor vehicles transporting hazardous materials and commercial motor vehicles generally. Not later than 120 days after the date of the receipt of the report under subsection (d), the Secretary shall report to the Congress on the results of such review. Such report shall include a description of any administrative action (including the issuance or modification of regulations) that the Secretary plans to take as a result of such review regarding the use of radar detectors and other radio microwave technologies in such vehicles. (f) Definition.--In this section, the term ``radio microwave technology'' means any device or mechanism which emits or detects radio microwaves, including radar detectors. (g) Funding.--The Secretary of Transportation shall expend, out of amounts deducted under section 104(a) of title 23, United States Code, not more than $500,000 to carry out this section. (h) Limitation on Statutory Construction.--Nothing in this section shall alter in any way the authority of the Secretary of Transportation to take any administrative action which the Secretary is otherwise authorized to take or alter in any way the discretion which the Secretary otherwise has in the exercise of such authority. SEC. 13. PROHIBITION OF BILLBOARDS ON SCENIC BYWAYS. Section 131(s) of title 23, United States Code, is amended by striking ``subsection (c) of''. SEC. 14. USE OF FIBRE DRUM PACKAGING. (a) Initiation of Rulemaking Proceeding.--Not later than the 60th day following the date of the enactment of this Act, the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether the requirements of section 105(a) of the Hazardous Materials Transportation Act as they pertain to openhead fiber drum packaging can be met for the domestic transportation of liquid hazardous materials (with respect to those classifications of liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards other than the performance oriented packaging standards adopted under docket number HM-181 contained in part 178 of title 49, Code of Federal Regulations. (b) Issuance of Standards.--If the Secretary of Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that a packaging standard other than the performance oriented packaging standards referred to in subsection (a) will provide an equal or greater level of safety for the domestic transportation of liquid hazardous materials than would be provided if such performance oriented packaging standards were in effect, the Secretary shall issue regulations which implement such other standard and which take effect before October 1, 1996. (c) Completion of Rulemaking Proceeding.--The rulemaking proceeding initiated under subsection (a) shall be completed before October 1, 1995. (d) Limitations.-- (1) Limitation on applicability.--The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under the Hazardous Materials Transportation Act. (2) Limitation of statutory construction.--Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials. HR 3460 IH----2

Hazardous Materials Transportation Act Reauthorization Amendments of 1993 - Amends the Hazardous Materials Transportation Act to prohibit a person from representing that a component of a container or package for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of this Act unless it meets such requirements. (Sec. 4) Authorizes the Secretary of Transportation (Secretary) to waive mandatory registration statement filing requirements and the payment of certain fees for any person not domiciled in the United States who solely offers from a place outside of the United States the transportation of hazardous materials to the United States if the country in which such person is domiciled does not require U.S. domiciliaries to file such statements or to pay such fees when making such offer. (Sec. 7) Authorizes appropriations for the regulation of the transportation of hazardous materials. (Sec. 8) Directs the Secretary, in order to further the training of public sector employees to respond to hazardous materials accidents, to make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training individuals with statutory responsibility to respond to such accidents. Authorizes appropriations. (Sec. 10) Authorizes the Secretary to make grants to one or more persons, including a State or local government or department, agency or instrumentality, to carry out a pilot project to demonstrate the feasibility of establishing a reporting system and computerized telecommunication data center that is capable of: (1) receiving and retrieving data on shipments of hazardous materials; (2) identifying types of hazardous material being shipped; and (3) providing information to facilitate responses to accidents involving such shipments. Authorizes appropriations. (Sec. 11) Directs the Secretary to study and report to the Congress on the safety considerations of transporting hazardous materials in close proximity to Federal prisons, particularly those housing maximum security prisoners. (Sec. 12) Directs the Secretary to enter into arrangements with the National Academy of Sciences to study and report to the Secretary and the Congress on both commercial motor vehicles carrying hazardous materials and commercial vehicles in general with respect to: (1) the regulation of radar detectors in such vehicles; (2) ways in which radio microwave technologies may be used to enhance the safety of such vehicles; and (3) ways in which such technologies may be used in the the application of intelligent vehicle highway systems consistent with the goals of the Intelligent Vehicle-Highway Systems Act of 1991. (Sec. 14) Requires the Secretary to initiate a rulemaking proceeding to determine whether certain requirements under the Hazardous Materials Transportation Act with respect to openhead fiber drum packaging can be met for the domestic transportation of liquid hazardous materials with standards other than certain performance oriented packaging standards contained in 49 Code of Federal Regulations 178. Requires the Secretary to implement any other performance oriented packaging standard that will provide an equal or greater level of safety for the transportation of liquid hazardous materials.

Hazardous Materials Transportation Act Reauthorization Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health and Back-to- Work Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The statutory advisory committee of the Department of Veterans Affairs known as the Committee on Care of Veterans with Serious Mental Illness has underscored the need to integrate psychosocial recovery in the treatment of mental illness. (2) In its report to the President dated July 22, 2003, the President's New Freedom Commision on Mental Health (established by Executive order No. 13263 of April 29, 2002), identified the hope of recovery as the single most important goal of mental health service delivery. (3) The Surgeon General, in a report on mental health issued in 1999, stated that ``state of the art care for severe mental illness is recovery oriented care which requires an array of services that include intensive case management, access to substance abuse treatment, peer support and psychosocial rehabilitation such as pharmacologic treatment, housing, employment services, independent living and social skills training.''. (4) During fiscal year 2002, the Department of Veterans Affairs treated 757,767 patients in specialty mental health settings, of whom 293,246 were seriously mentally ill. (5) Approximately 21 percent of all patients seen by the Department of Veterans Affairs are seen for mental health treatment. (6) When veterans with mental illness do not receive comprehensive rehabilitative care, they are more likely to become homeless and, according to the National Coalition for Homeless Veterans, 45 percent of homeless veterans suffer from at least one mental illness and need help finding a job. (7) A study of the program operations of the Department of Veterans Affairs during fiscal year 2000 found that fewer than one percent of the 82,000 veterans under the age of 55 who have schizophrenia participated in compensated work therapy programs. (8) The National Mental Health Information Center of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services found a shocking 90 percent unemployment rate among adults with serious mental illness, the worst level of unemployment of any group of people with disabilities. (9) A study by the National Mental Health Information Center found that serious mental illness need not lead to unemployment when seriously mentally ill individuals are given proper training and employment support services. SEC. 3. ENHANCEMENT OF REHABILITATIVE SERVICES FOR VETERANS WITH MENTAL ILLNESS AND OTHER VETERANS. (a) Rehabilitative Services Through Medical Care Authority.-- Section 1701(8) is amended by striking ``(other than those types of vocational rehabilitation services provided under chapter 31 of this title)''. (b) Expansion of Authorized Rehabilitative Services.--Section 1718 is amended-- (1) in subsection (c)(1)-- (A) by striking ``subsection (b) of this section'' and inserting ``subsection (b) or (d)''; and (B) by striking ``paragraph (2) of such subsection'' and inserting ``subsection (b)(2)''; (2) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (3) by inserting after subsection (c) the following new subsection (d): ``(d) In providing to a veteran rehabilitative services under this chapter, the Secretary may furnish the veteran with the following: ``(1) Work skills training and development services. ``(2) Employment support services. ``(3) Job development and placement services.''. SEC. 4. COMMITTEE ON CARE OF VETERANS WITH SERIOUS MENTAL ILLNESS. (a) Name of Committee.--The committee of the Department of Veterans Affairs established under section 7321 of title 38, United States Code, shall be known and designated as the ``Committee on Care of Veterans with Serious Mental Illness''. (b) Matters to Be Included in Annual Report.--Section 7321 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e) The committee shall include in its annual report to the Secretary its assessment of how the programs of the Department under section 1718 of this title are serving veterans with mental illness. The committee shall include such recommendations for improving services to veterans with mental illness under such programs as the committee considers appropriate.''. (c) Conforming Amendments.--(1) Subsection (a) of such section is amended by striking ``Committee on Care of Severely Chronically Mentally Ill Veterans'' and inserting ``Committee on Care of Veterans with Serious Mental Illness''. (2) The heading of such section is amended to read as follows: ``Sec. 7321. Committee on Care of Veterans with Serious Mental Illness''. (3) The item relating to such section in the table of sections at the beginning of chapter 73 of such title is amended to read as follows: ``7321. Committee on Care of Veterans with Serious Mental Illness.''.

Veterans Mental Health and Back-to-Work Act of 2003 - Authorizes the Secretary of Veterans Affairs, in providing veterans' rehabilitative services, to furnish: (1) work skills training and development; (2) employment support; and (3) job development and placement. Revises provisions establishing the Committee on Care of Severely Chronically Mentally Ill Veterans to: (1) redesignate such Committee as the Committee on Care of Veterans With Serious Mental Illness; and (2) require in its annual report an assessment of how the veterans' rehabilitative services programs are serving veterans with mental illness.

To amend title 38, United States Code, to enhance the rehabilitative services provided by the Department of Veterans Affairs to veterans with mental illnesses and other veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Airman Michael Malarsie Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As of the day before the date of the enactment of this Act, thousands of members of the Armed Forces and veterans have visual, hearing, or substantial mobility impairments and receive benefits from the Department of Veterans Affairs. (2) In fiscal year 2011, 269 veterans received benefits from the Department of Veterans Affairs for guide dogs (visual impairments), hearing dogs, and mobility dogs. (3) As of the day before the date of the enactment of this Act, the number of veterans who need the assistance of guide dogs is expected to increase as more members of the Armed Forces who serve in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn are diagnosed with disabilities and veterans who already have assistance dogs need replacement dogs. (4) As of the day before the date of the enactment of this Act, members of the Armed Forces and veterans diagnosed with visual, hearing, or mobility impairments are subject to long waiting periods to receive assistance dogs. Nonprofit organizations train and provide service dogs free of charge to such members and veterans, but rely solely on fundraising and volunteer staff to meet growing demand. (5) According to the annual survey conducted by Assistance Dogs International for 2011, there was a backlog of 188 veterans waiting for dog placement of guide and service dogs. In that same survey, agency members of Assistance Dogs International were able to place dogs with only 72 veterans. (6) As of the day before the date of the enactment of this Act, each guide dog costs approximately $45,000 and takes about two years to raise and train. (7) In fiscal year 2011, the Department of Veterans Affairs spent $243,992 on veterinary care and necessary hardware for 266 service dogs, including those trained to aid visually, hearing, or mobility impairments. The average cost per veteran was $917. (8) As of the day before the date of the enactment of this Act, service dogs work on average 10 years, and young veterans can require multiple replacements during the span of their lifetime. SEC. 3. SENIOR AIRMAN MICHAEL MALARSIE PROGRAM. (a) Establishment.-- (1) In general.--Subject to the availability of appropriations provided for such purpose, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a program to award competitive grants to eligible entities to assist eligible entities in planning, designing, establishing, and operating programs to provide assistance dogs to covered members and veterans. (2) Designation.--The program established under paragraph (1) shall be known as the ``Senior Airman Michael Malarsie Program'' (in this section referred to as the ``Program''). (b) Eligible Entities.--For purposes of the Program, an eligible entity is any entity that-- (1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (2) is a member of the International Guide Dog Federation or Assistance Dogs International. (c) Covered Members and Veterans.--For purposes of the Program-- (1) a covered member of the Armed Forces is any member of the Armed Forces who is-- (A) receiving medical treatment, recuperation, or therapy under chapter 55 of title 10, United States Code; (B) in medical hold or medical holdover status; or (C) covered under section 1202 or 1205 of title 10, United States Code; and (2) a covered veteran is any veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of title 38, United States Code. (d) Application.-- (1) In general.--An eligible entity seeking a grant under the Program shall submit an application to the Secretary of Defense and the Secretary of Veterans Affairs therefor at such time, in such manner, and containing such information as the Secretary of Defense and the Secretary of Veterans Affairs may require. (2) Elements.--Each application submitted under paragraph (1) shall include the following: (A) A proposal for the evaluation required by subsection (f). (B) A description of the following: (i) The training that will be provided by the eligible entity to covered members and veterans. (ii) The training of dogs that will serve as assistance dogs. (iii) The aftercare services that the eligible entity will provide for such dogs and covered members and veterans. (iv) The plan for publicizing the availability of such dogs through a targeted marketing campaign to covered members and veterans. (v) The recognized expertise of the eligible entity in breeding and training such dogs, including how many of such dogs were provided to covered members and veterans during the most recent three-year period. (vi) The commitment of the eligible entity to humane standards for animals. (vii) The experience of the eligible entity with working with military medical treatment facilities or medical facilities of the Department of Veterans Affairs. (e) Use of Funds.-- (1) In general.--The recipient of a grant under the Program shall use the grant to carry out programs that provide assistance dogs to covered members and veterans who have a disability described in paragraph (2). (2) Disability.--A disability described in this paragraph is any of the following: (A) Blindness or visual impairment. (B) Loss of use of a limb, paralysis, or other significant mobility issues. (C) Loss of hearing. (D) Any other disability with respect to which the Secretary of Defense and the Secretary of Veterans Affairs determine that provision of an assistance dog under the Program would be appropriate for the treatment or rehabilitation of a covered member or veteran with such disability. (3) Post-traumatic stress disorder and traumatic brain injury.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall determine whether the provision of an assistance dog under the Program to a covered member or veteran with post-traumatic stress disorder or traumatic brain injury would be appropriate for the treatment or rehabilitation of such covered member or veteran. (B) Consideration of study on use of service dogs for treatment or rehabilitation of veterans with mental injuries or disabilities.--In making a determination under subparagraph (A), the Secretary of Defense and the Secretary of Veterans Affairs shall consider the findings of the Secretary of Veterans Affairs regarding the study conducted under section 1077(d) of the National Defense Authorization Act for Fiscal year 2010 (Public Law 111-84). (f) Evaluation.--The Secretary of Defense and the Secretary of Veterans Affairs shall require each recipient of a grant under the Program to use a portion of the funds made available through the grant to conduct an evaluation of the effectiveness of the activities carried out through the grant by such recipient. (g) Assistance Dog Defined.--In this section, the term ``assistance dog'' means a dog specifically trained to perform physical tasks to mitigate the effects of a disability described in subsection (e)(2), except that the term does not include a dog specifically trained for comfort or personal defense. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2012 through 2016.

Senior Airman Michael Malarsie Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the Senior Airman Michael Malarsie Program for the awarding of grants to certain nonprofit organizations to assist them in establishing and operating programs to provide assistance dogs to certain members of the Armed Forces and veterans who have certain visual, hearing, or mobility disabilities. Requires such Secretaries to determine whether such assistance for members or veterans with post-traumatic stress disorder or traumatic brain injury would be appropriate, taking into account the findings of a specified study conducted under the National Defense Authorization Act for Fiscal Year 2010. Defines the term "assistance dog" to mean a dog specifically trained to perform physical tasks to mitigate the effects of such a disability, except that such term does not include a dog specifically trained for comfort or personal defense.

A bill to establish a grant program to encourage the use of assistance dogs by certain members of the Armed Forces and veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home and Farm Wind Energy Systems Act of 2006''. SEC. 2. CREDIT FOR WIND ENERGY PROPERTY INSTALLED IN RESIDENCES AND BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30E. WIND ENERGY PROPERTY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent (10 percent after December 31, 2015) of the amount paid or incurred by the taxpayer for qualified wind energy property placed in service or installed during such taxable year. ``(b) Limitation.--No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed. ``(c) Qualified Wind Energy Property.--For purposes of this section, the term `qualified wind energy property' means a qualifying wind turbine if-- ``(1) such turbine is placed in service or installed on or in connection with property located in the United States, ``(2) in the case of an individual, the property on or in connection with which such turbine is installed is a dwelling unit which is located in the United States, ``(3) the original use of such turbine commences with the taxpayer, and ``(4) such turbine carries at least a 5-year limited warranty covering defects in design, material, or workmanship, and, for property that is not installed by the taxpayer, at least a 5-year limited warranty covering defects in installation. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualifying wind turbine.--The term `qualifying wind turbine' means a wind turbine of 100 kilowatts of rated capacity or less which meets the latest performance rating standards published by the American Wind Energy Association and which is used to generate electricity. ``(2) Principal residence.--The term `principal residence' shall have the same meaning as when used in section 121. ``(e) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(f) Special Rules.--For purposes of this section-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as residences. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a residence or other property, the basis of such residence or other property shall be reduced by the amount of the credit so allowed. ``(h) Application of Credit.--The credit allowed under this section shall apply to property placed in service or installed after December 31, 2005.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) in the case of a residence or other property with respect to which a credit was allowed under section 30E, to the extent provided in section 30E(g).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: ``Sec. 30E. Wind energy property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2005.

Home and Farm Wind Energy Systems Act of 2006 - Amends the Internal Revenue Code to allow a tax credit for 30% (10% after December 31, 2015) of the cost of installing qualified wind energy property. Defines "qualified wind energy property" as an electricity-generating wind turbine of 100 kilowatts of rated capacity or less which is installed in a dwelling unit or other property located in the United States and which meets the latest rating standards published by the American Wind Energy Association.

To amend the Internal Revenue Code of 1986 to provide credits for individuals and businesses for the installation of certain wind energy property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2009''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by adding at the end the following: ``(e) Integrated Public Alert and Warning System Modernization.-- ``(1) In general.--To provide timely and effective disaster warnings under this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall-- ``(A) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that the President under all conditions can alert and warn governmental authorities and the civilian population in areas endangered by disasters; and ``(B) implement the public alert and warning system. ``(2) Implementation requirements.--In carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee-- ``(A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(B) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; ``(C) include in the public alert and warning system the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; and ``(D) ensure the conduct of training, tests, and exercises for the public alert and warning system. ``(3) System requirements.--The public alert and warning system shall-- ``(A) incorporate multiple communications technologies; ``(B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(C) be designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; ``(D) promote local and regional public and private partnerships to enhance community preparedness and response; and ``(E) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. ``(4) Pilot programs.-- ``(A) In general.--The Administrator may conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in paragraph (3). ``(B) Report.--Not later than 6 months after the date of enactment of this subsection, and annually thereafter for the duration of the pilot programs, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(i) a description and assessment of the effectiveness of the pilot programs; ``(ii) any recommendations of the Administrator for additional authority to continue the pilot programs or make any of the programs permanent; and ``(iii) any other findings and conclusions of the Administrator with respect to the pilot programs. ``(5) Implementation plan.--Not later than 6 months after the date of submission of the final report of the Integrated Public Alert and Warning System Advisory Committee, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan for implementing this subsection. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $37,000,000 for fiscal year 2010 and such sums as may be necessary for each fiscal year thereafter.''. (b) Integrated Public Alert and Warning System Modernization Advisory Committee.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the ``Advisory Committee''). (2) Membership.--The Advisory Committee shall be composed of the following members, to be appointed by the Administrator as soon as practicable after the date of enactment of this Act: (A) The Chairman of the Federal Communications Commission (or the Chairman's designee). (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce (or the Administrator's designee). (C) The Assistant Secretary for Communications and Information of the Department of Commerce (or the Assistant Secretary's designee). (D) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers, selected from among individuals nominated by national organizations representing governments and personnel. (E) Representatives from federally recognized Indian tribes and national Indian organizations. (F) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of-- (i) communications service providers; (ii) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (iii) third-party service bureaus; (iv) the broadcasting industry; (v) the national organization representing the licensees and permittees of noncommercial broadcast television stations; (vi) the cellular industry; (vii) the cable industry; (viii) the satellite industry; and (ix) national organizations representing individuals with special needs, including individuals with disabilities and the elderly. (G) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Administrator (or the Administrator's designee) shall serve as the Chairperson of the Advisory Committee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 60 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Advisory Committee shall meet at the call of the Chairperson. (C) Notice; open meetings.--Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (5) Rules.-- (A) Quorum.--One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (B) Subcommittees.--To assist the Advisory Committee in carrying out its functions, the Chairperson may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as the Chairperson considers necessary. (C) Additional rules.--The Advisory Committee may adopt such other rules as are necessary to carry out its duties. (6) Recommendations.--The Advisory Committee shall develop and submit in its final report recommendations for an integrated public alert and warning system, including-- (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) recommendations to provide for a public alert and warning system that-- (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vi) promotes local and regional public and private partnerships to enhance community preparedness and response; and (vii) provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. (7) Final report.--Not later than one year after the date of enactment of this Act, the Advisory Committee shall submit to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations of the Advisory Committee. (8) Federal advisory committee act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Advisory Committee. (9) Termination.--The Advisory Committee shall terminate not later than 60 days following the submission of its final report. (c) Technical Correction.--Section 202(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132(c)) is amended by striking ``section 611(c)'' and inserting ``section 611(d)''. (d) Limitation on Statutory Construction.--Nothing in this section (including the amendment made by this section) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.

Integrated Public Alert and Warning System Modernization Act of 2009 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions. Directs the Administrator, consistent with the final recommendations of the Integrated Public Alert and Warning System Advisory Committee (established by this Act), to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (3) ensure the conduct of system training, tests, and exercises. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and to improve the ability of remote areas to receive alerts; (3) promote local and regional partnerships to enhance community preparedness and response; and (4) provide redundant alert mechanisms. Authorizes the Administrator to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency to modernize the integrated public alert and warning system of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Border Environmental Protection Act''. SEC. 2. PURPOSE. It is the purpose of this Act to provide for the protection of the environment within the area comprising the border region between the United States and the Republic of Mexico, as defined by the La Paz Agreement between the United States and Mexico, referred to hereafter as the ``Border Environment Zone''. SEC. 3. FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States the ``United States-Mexico Border Environmental Protection Fund'' (hereinafter referred to as the ``Fund''). The Fund shall consist of such amounts as may be appropriated or transferred to the Fund. No moneys in the Fund shall be available for obligation or expenditure except pursuant to an environmental emergency declaration pursuant to section 4. (b) Purpose of the Fund.--The Fund shall be readily available for use by the Administrator of the Environmental Protection Agency (hereinafter referred to as the ``Administrator'') to investigate and respond to conditions which the Administrator determines present a substantial threat to the land, air, or water resources of the area comprising the border region of the United States and the Republic of Mexico. (c) Uses of Fund.--(1) Moneys in the Fund shall be available, without fiscal year limitation, for use by the Administrator in carrying out field investigations and remediation of any environmental emergency declared by the Administrator under this Act. (2) In carrying out his authority under this Act, the Administrator is authorized to expend moneys in the Fund directly or make such moneys available through grants or contracts. (3) Moneys in the Fund shall be available for use by the Administrator for cost-sharing programs with the Republic of Mexico, any of the States of Arizona, California, New Mexico, or Texas, any political subdivision of any such State, any local emergency planning committee, federally recognized Indian tribes, or any other appropriate entity, for use in carrying out field investigations and remediation actions pursuant to this Act. SEC. 4. DECLARATION OF ENVIRONMENTAL EMERGENCY. (a) Determination by Administrator.--The Administrator, whenever he determines conditions exist which present a substantial threat to the land, air, or water resources of the area comprising the Border Environment Zone, may declare the existence of an environmental emergency in such region. In no case shall the Administrator declare a condition an emergency under this section if such condition is specifically within the sole jurisdiction of the International Boundary and Water Commission. (b) Consultation With Affected Parties; Authority to Respond.--In responding to emergencies, the Administrator shall consult and cooperate with affected States, counties, municipalities, Indian tribes, the Republic of Mexico, and other affected parties. The Administrator may respond directly to an emergency declared under this section or may coordinate with appropriate State or local authorities to respond. (c) Petition of Governor.--In addition to the authority under subsection (a), the Administrator, upon the petition of the Governor of the State of Arizona, California, New Mexico, or Texas, or the governing body of a Federally recognized Indian tribe, may declare the existence of an environmental emergency in such region. In no case shall the Administrator declare a condition an emergency under this section if such condition is specifically within the sole jurisdiction of the International Boundary and Water Commission. SEC. 5. INFORMATION SHARING. The Administrator, in cooperation with the Secretary of State, the Governors of the States of Arizona, California, New Mexico, or Texas, and the governing bodies of Federally recognized Indian tribes located within the United States-Mexico border region, and the Republic of Mexico, is authorized to establish a system for information sharing and for early warning to the United States, each of the several States and political subdivisions thereof, and Indian tribes, of environmental problems affecting the Border Environment Zone. The Administrator shall integrate systems and procedures authorized by this section into any existing systems and procedures established to provide information sharing and early warning regarding environmental problems affecting the Border Environment Zone. SEC. 6. REPORT TO CONGRESS. The Administrator, after consultation with the Secretary of State, the Republic of Mexico, the Governors of the States of Arizona, California, New Mexico, and Texas, and the tribal governments of appropriate Indian tribes, shall submit an annual report to the Congress on the use of the Fund during the calendar year preceding the calendar year in which such report is filed, and the status of the environmental quality of the area comprising the Border Environment Zone. The Administrator shall publish the availability of the report in the Federal Register, along with a brief summary. SEC. 7. ADVISORY COMMITTEE. (a) Establishment.--The Administrator shall establish a United States-Mexico Border Environmental Protection Advisory Committee (hereinafter referred to as the ``Advisory Committee''). (b) Functions.--It shall be the functions of the Advisory Committee to-- (1) monitor and study environmental conditions within the Border Environment Zone; (2) plan and make recommendations for ongoing environmental protection within such border region; and (3) carry out such other functions as the Administrator may prescribe. (c) Composition of Advisory Committee.--The Advisory Committee shall consist of such number as the Administrator shall appoint. At least one member shall be from the Department of State. At least 2 of the members shall be from business, 2 from non-Government organizations, and 5 from State local or tribal governments. The term of each member shall be for a period of not more than 5 years, specified by the Administrator at the time of appointment. Before filling a position on the Advisory Committee, the Administrator shall publish a notice in the Federal Register soliciting nominations for membership on the Advisory Committee. (d) Meetings and Reports.--The Advisory Committee shall meet at least on a quarterly basis, and report to the President and Congress not less than annually, on the state of the Border Environment Zone; together with the recommendations of the Advisory Committee, if any. The initial report shall be submitted within 12 months following the date of the enactment of this Act. (e) Compensation.--Members of the Advisory Committee shall serve without compensation. When serving away from home or regular place of business, a member may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703 of title 5, United States Code, for individuals employed intermittently in the Government service. SEC. 8. INTERNATIONAL AGREEMENTS. (a) Authority.--The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico (hereafter ``United States Commissioner'') is authorized to conclude agreements with the appropriate representative of the Ministry of Foreign Relations of Mexico for the purpose of correcting border sanitation problems in international streams that form or cross the international boundary between the United States and the Republic of Mexico, caused by the discharge of untreated or inadequately treated sewage into such streams. (b) Recommendations.--Agreements concluded under subsection (a) should consist of recommendations to the Governments of the United States and the Republic of Mexico of measures to protect the health and welfare of persons along those international streams that cross the international boundary between the United States and the Republic of Mexico, and should include-- (1) facilities that should be constructed, operated, and maintained in each country; (2) estimates of the costs of plans, construction, operation, and maintenance of such facilities; (3) formulas for the division of costs between the United States and the Republic of Mexico; and (4) time schedule for the construction of facilities and other measures recommended within the agreements authorized by this section. SEC. 9. JOINT RESPONSES TO SANITATION EMERGENCIES. (a) Construction of Works.--The Secretary of State, acting through the United States Commissioner, is authorized to conclude agreements with the appropriate representative of the Ministry of Foreign Relations of the Republic of Mexico for the purpose of joint response through the construction of works, repair of existing infrastructure, and other such appropriate measures in the Republic of Mexico and the United States to correct border sanitation emergencies in international streams that form or cross the international boundary between the United States and the Republic of Mexico caused by the discharge of untreated or inadequately treated sewage into such streams. The United States Commissioner shall consult with the Governors of the States of Arizona, California, New Mexico, and Texas in developing and implementing agreements under this section. (b) Health and Welfare.--Agreements concluded under subsection (a) should consist of recommendations to the Governments of the United States and the Republic of Mexico establishing general response plans to protect the health and welfare of persons along those international streams that form or cross the international boundary between the United States and the Republic of Mexico, and should include, but not be limited to-- (1) description of types of border sanitation emergencies requiring response including, but not limited to, sewer line breaks, power interruptions to wastewater handling facilities, components breakdowns to wastewater handling facilities, and accidental discharge of sewage, which result in the pollution of streams that form or cross the international boundary; (2) description of types of response to emergencies including, but not limited to, acquisition, use and maintenance of joint response equipment and facilities, small scale construction, including modifications to existing infrastructure and temporary works, and the installation of emergency and standby power facilities; (3) formulas for distribution of costs of responses to emergencies under this section on a case-by-case basis; and (4) requirements for defining the beginning and end of an emergency. SEC. 10. CONSTRUCTION; REPAIRS; AND OTHER MEASURES. (a) Definition.--As used in this Act, the term ``border sanitation emergency'' means a situation in which untreated or inadequately treated sewage is discharged into surface rivers or streams that form or cross the boundary between the United States and the Republic of Mexico. (b) Water Pollution Emergencies.--The Secretary of State, acting through the United States Commissioner, is authorized to respond through construction, repairs and other measures in the United States to correct ``border'' sanitation emergencies in international streams that form or cross the international boundary between the United States and the Republic of Mexico, caused by the accidental discharge of untreated or inadequately treated sewage into such streams. (c) Consultation With Affected Parties; Authority to Respond.--In responding to a border sanitation emergency, the Secretary shall consult and cooperate with the Administrator, affected States, counties, municipalities, Indian tribes, the Republic of Mexico, and other affected parties. The Secretary of State may respond to a border sanitation emergency or may coordinate with appropriate State or local authorities to respond. SEC. 11. BINATIONAL ADVISORY COMMITTEE. (a) Establishment.--The Secretary of State, in cooperation with the Administrator, is authorized to enter into an agreement or other arrangement with the Republic of Mexico to establish an Advisory Committee comprised of members from the Republic of Mexico and the United States. (b) Functions.--It shall be the functions of the Binational Advisory Committee to (1) assist EPA and SEDESOL in the monitoring and study of environmental conditions within the border region of the United States and Mexico; (2) plan and make recommendations to EPA and SEDESOL for on-going environmental protection within such border region; and (3) carry out such other functions as EPA and SEDESOL may prescribe. (c) Composition.--The United States Delegation shall consist of such number as the Administrator shall appoint. At least two of the members shall be from business, two from nongovernment organizations, and five from State or local governments. The term of each member shall be for a period of not more than five years, specified by the Administrator at the time of appointment. Before filling a position on the Advisory Committee, the Administrator shall publish a notice in the Federal Register soliciting nominations for membership on the United States Advisory Committee. (d) Availability of Committee Records to the Public.--The Binational Advisory Committee shall make all reasonable efforts to make available to the public information on environmental conditions in the border region and efforts the Committee undertakes or recommends to address these conditions. SEC. 12. TRANSFER OF FUNDS. (a) Transfer Authority.--The Secretary of State, acting through the United States Commissioner, is authorized to include as part of the agreements authorized by sections 8, 9, and 10 of this Act, the necessary arrangements to administer the transfer to another country of funds assigned to one country and obtained from Federal or non-Federal governmental or nongovernmental sources. (b) Cost-Sharing Agreements.--No funds of the United States shall be expended in the Republic of Mexico for emergency investigation or remediation pursuant to section 8, 9, or 10 of this Act absent a cost- sharing agreement between the United States and the Republic of Mexico unless the Secretary of State has determined and can demonstrate that the expenditure of such funds in the Republic of Mexico would be cost- effective and in the interest of the United States. In cases where funds of the United States are expended in the Republic of Mexico without a cost-sharing agreement, the Secretary of State shall submit a report to the appropriate committees of Congress explaining why costs were not shared between the United States and the Republic of Mexico, and why the expenditure of such funds without cost-sharing was in the national interest of the United States. (c) Establishment of Fund.--(1) There is established in the Treasury of the United States the United States International Boundary and Water Commission Fund (hereinafter referred to as the ``Commission Fund''). The Commission Fund shall consist of such amounts as may be appropriated or transferred to the Commission Fund. (2) Moneys in the Commission Fund shall be available, without fiscal year limitation, for use by the Secretary of State in carrying out the provisions of this section and sections 8, 9, 10 and 11 of this Act. (3) In carrying out the purposes of this section and sections 8, 9, 10 and 11 of this Act, the Secretary of State is authorized to expend moneys in the Commission Fund directly or make such moneys available to fulfill the purposes of any such section through grants or contracts. SEC. 13. AUTHORIZATION. (a) Authorization for the Fund.--There is authorized to be appropriated to the Fund $10,000,000, for use in accordance with the purposes of this Act. (b) Authorization for Advisory Committee.--There is authorized to be appropriated to the Administrator $500,000 for support and operation of the Advisory Committee. (c) Authorization for International Boundary and Water Commission Fund.--There is authorized to be appropriated to the International Boundary and Water Commission Fund $5,000,000 for carrying out sections 8, 9, 10, 11 and 12 of this Act. (d) Availability of Funds.--All amounts appropriated pursuant to this Act shall remain available until expended. SEC. 14. DISCLAIMER. Nothing in this Act shall be construed as amending, repealing or otherwise modifying any provision of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, or any other law, treaty or international agreement of the United States.

United States-Mexico Border Environmental Protection Act - Establishes the United States-Mexico Border Environmental Protection Fund to be used by the Administrator of the Environmental Protection Agency (EPA) to investigate and respond to conditions which present a threat to the land, air, or water resources of the United States-Mexico border region. Authorizes the Administrator, whenever conditions exist which present a substantial threat to the land, air, or water resources in such region, to declare an environmental emergency. Prohibits the Administrator from declaring an emergency if the condition is within the sole jurisdiction of the International Boundary and Water Commission. Authorizes the Administrator to establish a system for information sharing and for early warning to the United States and affected States, political subdivisions, and Indian tribes of environmental problems affecting the United States-Mexico border region. Requires the Administrator to establish a United States-Mexico Border Environmental Protection Advisory Committee. Directs the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, to conclude agreements with Mexico for the correction of and response to border sanitation problems in international streams forming or crossing the boundary between the United States and Mexico. Permits the Secretary to enter into agreements with Mexico to establish a binational advisory committee to assist EPA and SEDESOL in the monitoring and study of environmental conditions within the border region and make recommendations for ongoing environmental protection. Prohibits the expenditure of U.S. funds for emergency investigation or remediation in Mexico without a cost-sharing agreement unless the expenditure would be cost-effective and in the U.S. interest. Establishes the United States International Boundary and Water Commission Fund to carry out this Act. Authorizes appropriations.

United States-Mexico Border Environmental Protection Act

SECTION 1. SHORT TITLE; REFERENCE TO 1986 CODE. (a) Short Title.--This Act may be cited as the ``Energy Freedom and Economic Prosperity Act of 2014''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES SEC. 101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES. (a) In General.--Section 6426 is repealed. (b) Conforming Amendments.-- (1) Paragraph (1) of section 4101(a) is amended by striking ``or alcohol (as defined in section 6426(b)(4)(A)''. (2) Paragraph (2) of section 4104(a) is amended by striking ``6426, or 6427(e)''. (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended-- (A) by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act of 2014)'' after ``of section 6426'', and (B) by inserting ``(as so in effect)'' after ``section 6426(b)(4)(A)''. (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen.--In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. SEC. 102. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES. (a) In General.--Section 30B is repealed. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 24(b)(3) is amended by striking ``, 30B''. (2) Paragraph (2) of section 25B(g) is amended by striking ``, 30B,''. (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking ``, 30B(h)(9)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 103. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. (a) In General.--Section 30D is repealed. (b) Effective Date.--The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. SEC. 104. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Section 40 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking ``, and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E))''. (4) Paragraph (1) of section 4104(a) is amended by striking ``, 40''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 105. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act of 2014)'' after ``section 43(c)(2)''. (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. SEC. 106. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I is repealed. (b) Conforming Amendment.--Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. SEC. 107. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR POWER FACILITIES. (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended by striking ``January 1, 2021'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 108. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION. (a) In General.--Section 45Q is repealed. (b) Effective Date.--The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. SEC. 109. TERMINATION OF ENERGY CREDIT. (a) In General.--Section 48 is amended by adding at the end the following new subsection: ``(e) Termination.--No credit shall be allowed under subsection (a) for any period after December 31, 2014.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 110. REPEAL OF QUALIFYING ADVANCED COAL PROJECT. (a) In General.--Section 48A is repealed. (b) Conforming Amendment.--Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 111. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT. (a) In General.--Section 48B is repealed. (b) Conforming Amendment.--Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 112. REPEAL OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C is repealed. (b) Conforming Amendment.--Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48C. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE SEC. 121. CORPORATE INCOME TAX RATE REDUCED. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe, in lieu of the rates of tax under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) of the Internal Revenue Code of 1986, such rates of tax as the Secretary estimates would result in-- (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Maintenance of Graduated Rates.--In prescribing the tax rates under subsection (a), the Secretary shall ensure that each rate modified under such subsection is reduced by a uniform percentage. (c) Effective Date.--The rates prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

Energy Freedom and Economic Prosperity Act of 2014 - Amends the Internal Revenue Code to repeal tax credits for: (1) alcohol fuel, biodiesel, and alternative fuel mixtures; (2) alternative motor vehicles; (3) new qualified plug-in electric drive motor vehicles; (4) alcohol used as fuel; (5) enhanced oil recovery; (6) producing oil and gas from marginal wells; (7) producing electricity from advanced nuclear power facilities; (8) carbon dioxide sequestration; (9) investment in energy property; and (10) investment in qualifying advanced coal projects, qualifying gasification projects, and qualifying advanced energy projects. Directs the Secretary of the Treasury to revise the income tax rates for corporations based upon the overall revenue savings from the repeal of the energy tax expenditures by this Act and ensure that each revised rate is reduced by a uniform percentage.

Energy Freedom and Economic Prosperity Act of 2014

SECTION 1. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered vessel.--The term ``covered vessel'' means a vessel that is-- (A) less than 79 feet in length; or (B) a fishing vessel (as defined in section 2101 of title 46, United States Code), regardless of the length of the vessel. (3) Other terms.--The terms ``contiguous zone'', ``discharge'', ``ocean'', and ``State'' have the meanings given the terms in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS. (a) No Permit Requirement.--Except as provided in subsection (b), during the 2-year period beginning on the date of enactment of this Act, the Administrator, or a State in the case of a permit program approved under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), shall not require a permit under that section for a covered vessel for-- (1) any discharge of effluent from properly functioning marine engines; (2) any discharge of laundry, shower, and galley sink wastes; or (3) any other discharge incidental to the normal operation of a covered vessel. (b) Exceptions.--Subsection (a) shall not apply with respect to-- (1) rubbish, trash, garbage, or other such materials discharged overboard; (2) other discharges when the vessel is operating in a capacity other than as a means of transportation, such as when-- (A) used as an energy or mining facility; (B) used as a storage facility or a seafood processing facility; (C) secured to a storage facility or a seafood processing facility; or (D) secured to the bed of the ocean, the contiguous zone, or waters of the United States for the purpose of mineral or oil exploration or development; (3) any discharge of ballast water; or (4) any discharge in a case in which the Administrator or State, as appropriate, determines that the discharge-- (A) contributes to a violation of a water quality standard; or (B) poses an unacceptable risk to human health or the environment. SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS. (a) In General.--The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating and the heads of other interested Federal agencies, shall conduct a study to evaluate the impacts of-- (1) any discharge of effluent from properly functioning marine engines; (2) any discharge of laundry, shower, and galley sink wastes; and (3) any other discharge incidental to the normal operation of a vessel. (b) Scope of Study.--The study under subsection (a) shall include-- (1) characterizations of the nature, type, and composition of discharges for-- (A) representative single vessels; and (B) each class of vessels; (2) determinations of the volumes of those discharges, including average volumes, for-- (A) representative single vessels; and (B) each class of vessels; (3) a description of the locations, including the more common locations, of the discharges; (4) analyses and findings as to the nature and extent of the potential effects of the discharges, including determinations of whether the discharges pose a risk to human health, welfare, or the environment, and the nature of those risks; (5) determinations of the benefits to human health, welfare, and the environment from reducing, eliminating, controlling, or mitigating the discharges; and (6) analyses of the extent to which the discharges are currently subject to regulation under Federal law or a binding international obligation of the United States. (c) Exclusion.--In carrying out the study under subsection (a), the Administrator shall exclude-- (1) discharges from a vessel of the Armed Forces (as defined in section 312(a) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)); (2) discharges of sewage (as defined in section 312(a) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)) from a vessel, other than the discharge of graywater from a vessel operating on the Great Lakes; and (3) discharges of ballast water. (d) Public Comment; Report.--The Administrator shall-- (1) publish in the Federal Register for public comment a draft of the study required under subsection (a); (2) after taking into account any comments received during the public comment period, develop a final report with respect to the study; and (3) not later than 15 months after the date of enactment of this Act, submit the final report to-- (A) the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate.

Prohibits the Administrator of the Environmental Protection Agency (EPA), or a state with an approved National Pollutant Discharge Elimination System (NPDES) permit program under the Federal Water Pollution Control Act, from requiring an NPDES permit for a covered vessel for the next two years for any discharge: (1) of effluent from properly functioning marine engines; (2) of laundry, shower, and galley sink wastes; or (3) that is incidental to the normal operation of a covered vessel. Defines "covered vessel" to mean a vessel that is less than 79 feet in length or a fishing vessel. Requires the Administrator to evaluate the impacts of such discharges, excluding discharges: (1) from a vessel of the Armed Forces; (2) of sewage from a vessel, other than the discharge of graywater from a vessel operating on the Great Lakes; and (3) of ballast water. Provides that such prohibition does not apply with respect to: (1) rubbish, trash, garbage, or other such materials discharged overboard; (2) other discharges when the vessel is operating in a capacity other than as a means of transportation; (3) ballast water discharges; or (4) any discharge that contributes to a violation of a water quality standard or poses an unacceptable risk to human health or the environment.

To clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels, and to require the Administrator to conduct a study of discharges incidental to the normal operation of vessels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nation Building Here at Home Act of 2012''. SEC. 2. TRANSFORMATIONAL INFRASTRUCTURE COMPETITIVE GRANT PROGRAM. (a) Establishment.--Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall establish a transformational infrastructure competitive grant program to assist infrastructure projects with the potential to significantly impact a metropolitan area, a region, or all of the United States. (b) Grant Authority.--In carrying out the program established under subsection (a), the Secretary may make a grant, on a competitive basis, to any of the following: (1) A State government. (2) A local government. (3) A transit agency. (4) A port authority. (c) Eligible Projects.-- (1) In general.--A grant made under subsection (b) may be used for any of the following, if the Secretary determines that the project will significantly impact a metropolitan area, a region, or all of the United States: (A) A highway or bridge project eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, bridge painting, seismic retrofit projects for bridges, and road realignments. (B) A public transportation project eligible under chapter 53 of title 49, United States Code, including investment in a project participating in the New Starts or Small Starts programs that will expedite the completion of that project and its entry into revenue service. (C) A passenger or freight rail transportation project. (D) A port infrastructure investment, including a project that connects ports to other modes of transportation and improves the efficiency of freight movement. (E) An aviation infrastructure project. (F) A water infrastructure project. (2) Coordination.--With respect to a project described in paragraph (1)(F), the Secretary shall coordinate any grant for such a project with the Administrator of the Environmental Protection Agency and the Secretary of the Army (acting through the Chief of Engineers). (d) Applications and Criteria for Grant Awards.-- (1) Applications.--To be eligible for a grant made under subsection (b), an entity described in paragraph (1), (2), (3), or (4) of that subsection shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (2) Criteria for grant awards.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations specifying the criteria that the Secretary will use to make grants on a competitive basis under subsection (b). (3) Financial commitments.--The criteria specified by the Secretary under paragraph (2) shall include criteria for the consideration of-- (A) whether there are financial commitments in place with respect to a proposed project; (B) the degree of certainty with respect to such financial commitments; and (C) whether such financial commitments are from non-Federal sources. (e) Federal Share.--The Federal share of the cost of a project assisted with a grant made under subsection (b) may not exceed 100 percent of that cost. (f) Considerations.--In making grants under subsection (b), the Secretary shall ensure, to the extent practicable, that the grants-- (1) are distributed geographically in an equitable manner; (2) address the needs of both urban and rural areas appropriately; (3) promote the training and employment of veterans, including by having applicable contractors provide to veterans a preference during the hiring and referral of laborers; and (4) are utilized in a manner that ensures an appropriate percentage of grant amounts are expended through small business concerns owned and controlled by socially and economically disadvantaged individuals (as determined by the Secretary). (g) Applicability of Title 40.--Each project conducted using funds provided with a grant made under subsection (b) shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (h) Buy America.-- (1) In general.--None of the funds made available for a project under this Act may be used for the project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases in which the Secretary finds that-- (A) applying paragraph (1) would be inconsistent with the public interest; (B) iron, steel, or the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality; or (C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (3) Justifications.--If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with United States obligations under international agreements. (i) Transparency and Accountability.--In carrying out the program established under subsection (a), the Secretary shall-- (1) take actions to ensure that grants made under subsection (b) are utilized as expeditiously and efficiently as possible; (2) make available to the public, on an appropriate Web site of the Department of Transportation, information on each grant made under subsection (b); and (3) submit to Congress, not later than 1 year after the first grant is made under subsection (b), and annually thereafter, information on grants made under subsection (b), including the progress made on projects funded by such grants. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out the program established under subsection (a) the following: (1) $250,000,000,000 for fiscal year 2013. (2) $250,000,000,000 for fiscal year 2014. (3) $250,000,000,000 for fiscal year 2015. (4) $250,000,000,000 for fiscal year 2016. (5) $250,000,000,000 for fiscal year 2017. SEC. 3. NATION BUILDING HERE AT HOME FINANCING INITIATIVE. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall establish a Nation Building Here at Home Financing Initiative in accordance with this section. (b) Authority To Issue Bonds.--In carrying out the initiative established under subsection (a), the Secretary of the Treasury may issue bonds. The aggregate face amount of bonds issued under this subsection may not exceed $300,000,000,000. (c) Characteristics of Bonds.--Bonds issued under subsection (b) shall be issued in such amounts, bear such rates of interest, and be subject to such terms and conditions as the Secretary of the Treasury may prescribe. (d) Use of Bond Proceeds.--The Secretary of the Treasury shall make available to the Secretary of Transportation the proceeds resulting from bonds issued under subsection (b). The Secretary of Transportation may use such proceeds only to carry out the program established under section 2(a) of this Act. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a comprehensive report describing the transportation needs of the United States for each of the following: (1) The 20-year period beginning on the date of enactment of this Act. (2) The 30-year period beginning after the period described in paragraph (1). (3) The 50-year period beginning after the period described in paragraph (2).

Nation Building Here at Home Act of 2012 - Directs the Secretary of Transportation (DOT) to establish a transformational infrastructure competitive grant program to award grants to state and local governments, transit agencies, and port authorities for certain public transportation projects (including water infrastructure projects) with potential to significantly impact a metropolitan area, a region, or all of the United States. Specifies the federal share of project costs at 100%. Requires the iron, steel, and manufactured goods used in projects funded under this Act to have been produced in the United States, except in specified circumstances. Directs the Secretary of the Treasury to establish a Nation Building Here at Home Financing Initiative.

To direct the Secretary of Transportation to establish a transformational infrastructure competitive grant program, and for other purposes.

SECTION 1. FINDINGS. The Congress finds that-- (1) the purpose of the World Trade Organization (hereafter in this Act referred to as the ``WTO'') is to enable member countries to conduct trade based upon free market principles, by limiting government intervention in the form of state subsidies, by limiting nontariff barriers, and by encouraging reciprocal reductions in tariffs among members; (2) the WTO is based on the assumption that the import and export of goods are conducted by independent enterprises responding to profit incentives and market forces; (3) the WTO requires that countries with nonmarket economies implement significant reforms to change centralized and planned economic systems before they may be considered for WTO membership, and the existence of a decentralized and a free market economy is considered a precondition to fair trade among WTO members; (4) pursuant to its charter and rules, membership in the WTO is not limited to nations nor indicative of sovereignty, a policy illustrated by the fact that Hong Kong will remain a full member of the WTO as a separate customs territory after becoming part of the People's Republic of China on July 1, 1997; (5) the Republic of China on Taiwan (hereafter in this Act referred to as ``Taiwan'') has applied for membership in the WTO as the separate customs territory of Taiwan, Penghu, Kinmen, and Matsu, and its application is under review by a Working Party appointed under Article XXXIII of the GATT 1994 (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)); (6) Taiwan has a free market economy that has existed for more than 3 decades, and is currently the 14th largest trading nation in the world; (7) Taiwan has a gross national product that is the world's 20th largest, its foreign exchange reserves are among the largest in the world, and it has become the world's 7th largest foreign investor; (8) Taiwan is the 7th largest trading partner of the United States and its purchases of United States exports are more than 50 percent greater than those of the People's Republic of China; (9) Taiwan has already agreed to reduce the tariff level of many products, and to eliminate other nontariff barriers; (10) the United States and Taiwan have enjoyed a longstanding and uninterrupted friendship, which has only increased in light of the remarkable economic development and political liberalization in Taiwan in recent years; (11) Taiwan reached an historic turning point in the development of Chinese democracy on March 23, 1996, when it conducted the first competitive, free, fair, direct, and popular election of a head of state in over 4,000 years of recorded Chinese history, leading to Lee Teng-hui's inauguration as President on May 20, 1996; (12) for the past century the United States has promoted democracy and economic freedom throughout the world, and the evolution of Taiwan is an outstanding example of the success of that policy; (13) Taiwan's accession to the WTO is important to the United States because it is the largest importer of United States goods that is not already a member of the WTO, and because Taiwan's entry into the WTO would promote significant new market opportunities for United States exporters and investors; (14) notwithstanding these circumstances, the People's Republic of China has sought to block the admission of Taiwan to the WTO until its own accession to membership; (15) notwithstanding this opposition, Taiwan is ready for, and meets the criteria for, admission to the WTO; (16) the People's Republic of China, in contrast to Taiwan, has applied for membership in the WTO not as a developed nation, but rather as a developing nation, so that it would be relieved of the obligations to reduce its tariffs and eliminate its subsidies for government-controlled industries, even after its admission to the WTO; (17) in contrast to Taiwan, the Communist government of the People's Republic of China maintains strict government controls over most trade within its territory, restricts and often outlaws free market competition, and denies legal and regulatory protections for property rights, all in ways that are incompatible with WTO principles; (18) the Communist government of the People's Republic of China maintains an intricate system of restrictive and punitive tariff and nontariff administrative controls to implement its centrally-planned industrial and trade policies, with tariffs on foreign goods, such as automobiles, as high as 150 percent, even though the People's Republic of China has made commitments in the Memorandum of Understanding on market access it signed with the United States on October 10, 1992, and reaffirmed in March of 1995, to reform significant parts of its import regime; (19) the People's Republic of China's failure to implement its March 11, 1995, agreement with the United States to curtail piracy of products protected by intellectual property rights, including music, videos, books, software, has prompted a United States threat to impose trade sanctions proportionate to an estimated loss of $2,300,000,000 to the United States economy in 1995 that the piracy has caused; (20) representatives of the People's Republic of China's two leading state-owned arms exporting companies, Poly Technologies and Norinco, were arrested by Federal law enforcement officers for smuggling into the United States 2,000 AK-47 rifles intended for sale to gangs; (21) illegal activities such as these should be taken into account in formulating trade policy with respect to any country; (22) the Communist government of the People's Republic of China continues to use direct and indirect government subsidies to unfairly advantage its own exports in contravention of market principles; (23) as a consequence of these practices, the People's Republic China is not ready for, and does not meet the criteria for, admission to the WTO either as a developed nation or a developing nation; and (24) inasmuch as Taiwan can easily meet and exceed all of the requirements for admission to the WTO, while the People's Republic of China has long enjoyed most-favored-nation trading status with the United States notwithstanding its failure to meet the criteria for WTO membership, the People's Republic of China should continue to enjoy most-favored-nation trading status with the United States only if Taiwan is admitted to the WTO at the earliest practicable date. SEC. 2. CONTINGENT EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT TO THE PEOPLE'S REPUBLIC OF CHINA. Notwithstanding any other provision of law, nondiscriminatory treatment (most-favored-nation treatment) may apply to the products of the People's Republic of China after March 1, 1997, if and only if, as of that date, Taiwan has been admitted to the WTO as a separate customs territory and the People's Republic of China has not been admitted to the WTO, whether as a developing or a developed nation.

Extends nondiscriminatory treatment (most-favored-nation treatment) to China's products if, and only if, after March 1, 1997, Taiwan has been admitted to the World Trade Organization (WTO) and China has not been so admitted, whether as a developing or a developed nation.

To provide that most-favored-nation trading status for the People's Republic of China may continue provided that Taiwan is admitted to the World Trade Organization by March 1, 1997.

SECTION 1. MODIFICATIONS TO EARNED INCOME TAX CREDIT. (a) Modifications in Computation of Credit; Supplemental Child Credit.-- (1) Percentages.--Subsection (b) of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) is amended to read as follows: ``(b) Percentages.-- ``(1) In general.--For purposes of subsection (a), the credit percentage and the phaseout percentage shall be determined as follows: In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: 1 qualifying child.......... 30.............................. 17 2 or more qualifying children................... 42.............................. 21 ``(2) Supplemental child credit.--In the case of a taxpayer with a qualifying child who has not attained 6 as of the close of the calendar year in which or with which the taxable year of the taxpayer ends-- ``(A) the credit percentage shall be increased by 5 percentage points for each such child, and ``(B) the phaseout percentage shall be increased by 2 percentage points for each such child. Not more than 4 children may be taken into account under this paragraph.'' (2) Uniform Earned Income Amounts and Phaseout Amounts.-- Subsection (a) of section 32 of such Code is amended-- (A) by striking ``the earned income amount'' each place it appears and inserting ``$8,500'', and (B) by striking ``the phaseout amount'' in paragraph (2)(B) and inserting ``$10,000''. (b) Repeal of Credit for Individuals Without Children.-- Subparagraph (A) of section 32(c)(1) of such Code is amended to read as follows: ``(A) In general.--The term `eligible individual' means any individual who has a qualifying child for the taxable year.'' (c) Qualifying Children Must Be Under 18 Years of Age or Disabled.--Subparagraph (C) of section 32(c)(3) of such Code is amended by striking ``19'' in paragraph (1) and inserting ``18'', by adding ``and'' at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2). (d) Advance Payment Provisions.-- (1) Subsection (b) of section 3507 of such Code is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by inserting after paragraph (4) the following new paragraph: ``(5) states the number and ages of qualifying children (as defined in section 32(c)) of the employee for the taxable year.'' (2) Paragraph (2) of section 3507(c) of such Code is amended-- (A) by striking clauses (i) and (ii) of subparagraph (B) and inserting the following: ``(i) of not more than the credit percentage of earned income not in excess of $8,500, which ``(ii) phases out at the phaseout percentage between $10,000 and the amount of earned income at which the credit under section 32(a) phases out for such employee, or'', and (B) by adding at the end the following new sentence: ``For purposes of this paragraph, the credit percentage and the phaseout percentage shall be determined under section 32(b) on the basis of the number and ages of qualifying children specified in the earned income eligibility certificate of the employee.'' (3) Clause (i) of section 3507(e)(3)(A) of such Code is amended by inserting before ``, or'' the following: ``(or changing the percentages applicable to the employee under section 32(b) for the taxable year)''. (e) Verification of Taxpayer Identification Numbers.--Section 32 of such Code is amended by adding at the end the following new subsection: ``(k) Verification of Taxpayer Identification Numbers.--No credit shall be allowed under this section to any taxpayer until the Secretary has verified that the numbers set forth on the return claiming the credit as-- ``(1) the taxpayer identification number of the taxpayer, and ``(2) the taxpayer identification numbers of all qualifying children, are valid.'' (f) Conforming Amendment.--Subsection (i) of section 32 of such Code is amended to read as follows: ``(i) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 1996, each credit percentage used for purposes of subsection (a) shall be increased by an amount equal to-- ``(A) such percentage, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `1995' for `1992' in subparagraph (B) thereof. ``(2) Rounding.--If any percentage after being increased under paragraph (1) is not a multiple of 0.01 percentage point, such percentage shall be rounded to the nearest 0.01 percentage point.'' (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995; except that the amendments made by subsection (d) shall take effect on January 1, 1996.

Amends the Internal Revenue Code to modify the earned income credit. Allows a supplemental child credit for each qualifying child who has not attained age six. Limits such credit to four children. Establishes the earned income amount and the phaseout amount to be used in determining the earned income credit (currently tables determine such amounts based on the number of qualifying children). Repeals the use of such credit by individuals without children. Lowers the qualifying age requirement from under 19 years to under 18 years. Repeals the qualification of students under the age of 24. Requires the verification of taxpayer identification numbers on returns claiming the earned income credit.

To amend the Internal Revenue Code of 1986 to reform the earned income tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Sioux Tribes Judgment Fund Distribution Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Covered indian tribe.--The term ``covered Indian tribe'' means an Indian tribe listed in section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribal governing body.--The term ``tribal governing body'' means the duly elected governing body of a covered Indian tribe. SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN FUNDS BY, THE SISSETON AND WAHPETON TRIBES OF SIOUX INDIANS. Notwithstanding any other provision of law, including Public Law 92-555 (25 U.S.C. 1300d et seq.), any funds made available by appropriations under Public Law 90-352 to the Sisseton and Wahpeton Tribes of Sioux Indians to pay a judgment in favor of the Tribes in Indian Claims Commission dockets numbered 142 and 359, including interest, after payment of attorney fees and other expenses, that, as of the date of enactment of this Act, have not been distributed, shall be distributed and used in accordance with this Act. SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. (a) In General.--Subject to section 5, as soon as practicable after the date that is 1 year after the date of enactment of this Act, the Secretary shall distribute an aggregate amount, equal to the funds described in section 3 reduced by $1,469,831.50, as follows: (1) 28.9276 percent of such amount shall be distributed to the tribal governing body of the Devils Lake Sioux Tribe of North Dakota. (2) 57.3145 percent of such amount shall be distributed to the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota. (3) 13.7579 percent of such amount shall be distributed to the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (b). (b) Tribal Governing Body of Assiniboine and Sioux Tribes of Fort Peck Reservation.--For purposes of making distributions of funds pursuant to this Act, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS. (a) In General.--As a condition to receiving funds distributed under section 4, each tribal governing body referred to in section 4(a) shall establish a trust fund for the benefit of the covered Indian tribe under the jurisdiction of that tribal governing body, consisting of-- (1) amounts deposited into the trust fund; and (2) any interest that accrues from investments made from amounts deposited into the trust fund. (b) Trustee.--Each tribal governing body that establishes a trust fund under this section shall-- (1) serve as the trustee of the trust fund; and (2) administer the trust fund in accordance with section 6. SEC. 6. USE OF DISTRIBUTED FUNDS. (a) Prohibition.--No funds distributed to a covered Indian tribe under section 4 may be used to make per capita payments to members of the covered Indian tribe. (b) Purposes.--The funds distributed under section 4 may be used by a tribal governing body referred to in section 4(a) only for the purpose of making investments or expenditures that the tribal governing body determines to be reasonably related to-- (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; or (3) the development of a program that is beneficial to members of the covered Indian tribe, including educational and social welfare programs. (c) Audits.-- (1) In general.--The Secretary shall conduct an annual audit to determine whether each tribal governing body referred to in section 4(a) is managing the trust fund established by the tribal governing body under section 5 in accordance with the requirements of this section. (2) Action by the secretary.-- (A) In general.--If, on the basis of an audit conducted under paragraph (1), the Secretary determines that a covered Indian tribe is not managing the trust fund established by the tribal governing body under section 5 in accordance with the requirements of this section, the Secretary shall require the covered Indian tribe to take remedial action to achieve compliance. (B) Appointment of independent trustee.--If, after a reasonable period of time specified by the Secretary, a covered Indian tribe does not take remedial action under subparagraph (A), the Secretary, in consultation with the tribal governing body of the covered Indian tribe, shall appoint an independent trustee to manage the trust fund established by the tribal governing body under section 5. SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN TRIBES ON BENEFITS. (a) In General.--A payment made to a covered Indian tribe or an individual under this Act shall not-- (1) for purposes of determining the eligibility for a Federal service or program of a covered Indian tribe, household, or individual, be treated as income or resources; or (2) otherwise result in the reduction or denial of any service or program to which, pursuant to Federal law (including the Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian tribe, household, or individual would otherwise be entitled. (b) Tax Treatment.--A payment made to a covered Indian tribe or individual under this Act shall not be subject to any Federal or State income tax. SEC. 8. DISTRIBUTION OF FUNDS TO LINEAL DESCENDANTS. Not later than 1 year after the date of enactment of this Act, of the funds described in section 3, the Secretary shall, in the manner prescribed in section 202(c) of Public Law 92-555 (25 U.S.C. 1300d- 4(c)), distribute an amount equal to $1,469,831.50 to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians.

Mississippi Sioux Tribes Judgement Fund Distribution Act of 1996 - Provides for distribution to, and use of certain funds by, the Sisseton and Wahpeton Tribes of Sioux Indians. (Sec. 4) Directs the Secretary of the Interior, one year after enactment of this Act, to distribute specified amounts to the tribal governing body of the: (1) Devils Lake Sioux Tribe of North Dakota; (2) Sisseton and Wahpeton Sioux Tribe of South Dakota; and (3) Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana. Designates the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes as the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. (Sec. 5) Directs each tribal governing body, as a condition for receiving the distributed funds, to establish a tribal trust fund for the benefit of the covered Indian tribe under its jurisdiction. Requires that each tribal governing body shall: (1) serve as the trustee of the trust fund; and (2) administer the trust fund. (Sec. 6) Prohibits funds distributed to a covered Indian tribe from being used to make per capita payments to members of the covered Indian tribe. Allows funds distributed to be used by a tribal governing body only for the purpose of making investments or expenditures that the tribal governing body determines to be related to: (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; or (3) the development of a program that is beneficial to members of the covered Indian tribe, including educational and social welfare programs. Directs the Secretary to conduct an annual audit. (Sec. 7) Sets forth provisions concerning the effect of payments to a covered Indian tribe or an individual on eligibility for, or the reduction or denial of, Federal benefits. Prohibits subjecting a payment made to a covered Indian tribe or individual under this Act to Federal or State income tax. (Sec. 8) Directs the Secretary, not later than one year after enactment, to distribute a specified amount to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians.

Mississippi Sioux Tribes Judgment Fund Distribution Act of 1996

SECTION 1. STUDY AND REPORT OF PROPOSED NORTHERN NECK NATIONAL HERITAGE AREA. (a) Short Title.--This section may be cited as the ``Northern Neck National Heritage Area Study Act''. (b) Study.--The Secretary of the Interior (hereafter referred to as ``the Secretary''), in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study of the suitability and feasibility of designating the study area as the Northern Neck National Heritage Area in the Commonwealth of Virginia. (c) Criteria.--In conducting the study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating the study area as a National Heritage Area: (1) The area-- (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) is best managed as such an assemblage through partnerships among public and private entities at the local or regional level; (D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (F) provides outstanding recreational or educational opportunities; and (G) has resources and traditional uses that have national importance. (2) Residents, business interests, nonprofit organizations, and governments (including relevant Federal land management agencies) within the proposed area are involved in the planning and have demonstrated significant support through letters and other means for National Heritage Areadesignation and management. (3) The local coordinating entity responsible for preparing and implementing the management plan is identified. (4) The proposed local coordinating entity and units of government supporting the designation have documented their commitment to work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area. (5) The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area. (6) The proposal is consistent with continued economic activity within the area. (7) A conceptual boundary map has been developed and is supported by the public and participating Federal agencies. (d) Consultation.--In conducting the study, the Secretary shall consult with the managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation. (e) Boundaries of The Study Area.--The study area referred to in this section shall be comprised of the following: (1) The part of Virginia between the Potomac and the Rappahannock Rivers in eastern coastal Virginia. (2) Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties, Virginia. (3) Other areas that have heritage aspects that are similar to those aspects that are in the areas described in paragraphs (1) and (2) and which are adjacent to or in the vicinity of those areas. (f) Report.--The Secretary shall-- (1) review, comment on, and determine if the study meets the criteria specified in this section for designation as a National Heritage Area; (2) consult with the Governor of the Commonwealth of Virginia; and (3) not later than 3 fiscal years after the date on which funds are first made available for this section, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions and recommendations of the study, including-- (A) any comments received from the Governor of the Commonwealth of Virginia; and (B) a finding as to whether the proposed National Heritage Area meets the criteria for designation. (g) Disapproval.--If the Secretary determines that the proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under subsection (f)(3) a description of the reasons for the determination.

Northern Neck National Heritage Area Study Act - Requires the Secretary of the Interior to study the suitability and feasibility of establishing the Northern Neck National Heritage Area in Virginia to be comprised of: (1) the part of eastern coastal Virginia between the Potomac and Rappahannock Rivers; (2) Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties, Virginia; and (3) other areas adjacent to or in the vicinity of those areas that have similar heritage aspects.

To direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Northern Neck National Heritage Area in Virginia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Alzheimer's Project Act''. SEC. 2. OFFICE OF THE NATIONAL ALZHEIMER'S PROJECT. (a) Establishment of Office.--There is established in the Office of the Secretary of Health and Human Services the Office of the National Alzheimer's Project (referred to in this Act as the ``Office''). (b) Purpose of the Office.--The Office shall-- (1) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (2) be responsible for the creation and maintenance of an integrated national plan to overcome Alzheimer's; (3) help to coordinate the health care and treatment of citizens with Alzheimer's; (4) ensure the inclusion of ethnic and racial populations at higher risk for Alzheimer's or least likely to receive care, in clinical, research, and service efforts with the purpose of decreasing health disparities in Alzheimer's; (5) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally; and (6) provide information and coordination of Alzheimer's research and services across all Federal agencies. (c) Director of the Office.-- (1) Appointment.--The President shall appoint a Director of the Office. (2) Duties of the director.-- (A) In general.--The Director of the Office shall-- (i) oversee the creation and updating of the national plan described in subparagraph (B); (ii) use discretionary authority to evaluate all Federal programs around Alzheimer's, including budget requests and approvals; and (iii) prepare and submit to the President the annual budget estimate for the Office. (B) National plan.--The Director of the Office shall carry out an annual assessment of the Nation's progress in preparing for the escalating burden of Alzheimer's, including both implementation steps and recommendations for priority actions based on the assessment. (3) Service by director.--The Director of the Office shall serve on the advisory board of the Office of Science and Technology to promote research efforts into mechanisms to slow and stop the development of Alzheimer's for those at risk of developing the disease. (d) Advisory Council.-- (1) In general.--There is established in the Office an Advisory Council on Alzheimer's Research and Treatment (referred to in this Act as the ``Advisory Council''). (2) Membership.-- (A) Federal members.--The Advisory Council shall be comprised of the following experts: (i) A designee of the Centers for Disease Control and Prevention. (ii) A designee of the Administration on Aging. (iii) A designee of the Centers for Medicare & Medicaid Services. (iv) A designee of the Indian Health Service. (v) A designee of the Office of the Director of the National Institutes of Health. (vi) The Surgeon General. (vii) A designee of the National Science Foundation. (viii) A designee of the Department of Veterans Affairs. (B) Non-federal members.--In addition to the members outlined in subparagraph (A), the Advisory Council shall include 12 expert members from outside the Federal Government, which shall include-- (i) 2 Alzheimer patient advocates; (ii) 2 Alzheimer caregivers; (iii) 2 health care providers; (iv) 2 representatives of State health departments; (v) 2 researchers with Alzheimer-related expertise in basic, translational, clinical, or drug development science; and (vi) 2 voluntary health association representatives, including a national Alzheimer's disease organization that funds research and has demonstrated experience in care and patient services, and a State-based advocacy organization that provides services to families and professionals, including information and referral, support groups, care consultation, education, and safety services. (3) Meetings.--The Advisory Council shall meet quarterly and such meetings shall be open to the public. (4) Advice.--The Advisory Council shall advise the Director of the Office. (5) Annual report.--The Advisory Council shall provide to the Director of the Office-- (A) recommendations for information to be included in the annual report to Congress by the Office; and (B) an annually updated national plan. (e) Annual Report.--The Director of the Office shall submit to Congress-- (1) an annual report that includes an evaluation of all nationally and federally funded efforts in Alzheimer's research, clinical care, institutional, and home- and community-based programs and their outcomes; and (2) an annually updated national plan. (f) Sunset.--The Office shall expire on December 31, 2025.

National Alzheimer's Project Act - Establishes in the Office of the Secretary of Health and Human Services (HHS) the Office of the National Alzheimer's Project to: (1) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (2) create and maintain an integrated national plan to overcome Alzheimer's; (3) help to coordinate the health care and treatment of citizens with Alzheimer's; (4) ensure the inclusion of ethnic and racial populations that are at higher risk for Alzheimer's or that are least likely to receive care in clinical, research, and service efforts with the purpose of decreasing health disparities; (5) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally; and (6) provide information and coordination of Alzheimer's research and services across all federal agencies. Sets forth the duties of the Director of the Office, including to use discretionary authority to evaluate all federal programs concerning Alzheimer's. Establishes in the Office an Advisory Council on Alzheimer's Research and Treatment.

To establish the Office of the National Alzheimer's Project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Dale Claxton Bulletproof Police Protective Equipment Act of 2001''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) Officer Dale Claxton of the Cortez, Colorado, Police Department was shot and killed by bullets that passed through the windshield of his police car after he stopped a stolen truck, and his life may have been saved if his police car had been equipped with bullet-resistant equipment; (2) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had access to additional bullet-resistant equipment; (3) according to studies, between 1990 and 2000, 1,700 law enforcement officers in the United States were shot and killed in the line of duty; (4) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing bullet-resistant equipment, such as an armor vest, is 14 times higher than for officers wearing an armor vest; and (5) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply despite a decrease in the national crime rate, and has concluded that there is a ``public safety crisis in Indian country''. (b) Purpose.--The purpose of this Act is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agencies provide officers with bullet-resistant equipment and video cameras. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET-RESISTANT EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT ``Subpart A--Grant Program for Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program for Bullet-Resistant Equipment ``SEC. 2511. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase bullet-resistant equipment for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of bullet-resistant equipment for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for bullet-resistant equipment based on the percentage of law enforcement officers in the department who do not have access to a vest; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program, described under the heading `State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553), during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of bullet-resistant equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `equipment' means windshield glass, car panels, shields, and protective gear; ``(2) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(3) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; ``(4) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); and ``(5) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2002 through 2004 for grants under subpart A of that part; and ``(B) $40,000,000 for each of fiscal years 2002 through 2004 for grants under subpart B of that part.''. SEC. 4. SENSE OF CONGRESS. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) Bullet-Resistant Technology Development.-- ``(1) In general.--The Institute is authorized to-- ``(A) conduct research and otherwise work to develop new bullet-resistant technologies (i.e., acrylic, polymers, aluminized material, and transparent ceramics) for use in police equipment (including windshield glass, car panels, shields, and protective gear); ``(B) inventory bullet-resistant technologies used in the private sector, in surplus military property, and by foreign countries; and ``(C) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet-resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. ``(2) Priority.--In carrying out this subsection, the Institute shall give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with high-intensity drug trafficking areas. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $3,000,000 for fiscal years 2002 through 2004.''.

Officer Dale Claxton Bulletproof Police Protective Equipment Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States, local governments, and Indian tribes to purchase bullet resistant equipment for use by law enforcement officers.Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements.Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with high intensity drug trafficking areas.

A bill to establish a matching grant program to help State and local jurisdictions purchase bullet-resistant equipment for use by law enforcement departments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Predatory Practices Prevention Act of 2001''. SEC. 2. PROHIBITION ON UNFAIR OR DECEPTIVE CREDITOR ACTS OR PRACTICES IN SOLICITATIONS FOR CREDIT CARDS. (a) In General.--Section 127 of the Consumer Credit Protection Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(h) Unfair or Deceptive Creditor Acts and Practices.-- ``(1) In general.--In the case of a credit card account under an open-end consumer credit plan, a creditor shall not engage in an unfair or deceptive act or practice. ``(2) Board definition of unfair or deceptive creditor act or practice.--The Board shall, in regulations, define what constitutes an unfair or deceptive creditor act or practice in violation of this subsection. ``(3) Specific acts and practices are unfair and deceptive.--For purposes of such regulations, a creditor shall be determined to have engaged in an unfair and deceptive act or practice if-- ``(A) in connection with any solicitation to open a credit card account for any consumer under an open end consumer credit plan, the creditor-- ``(i) requires a consumer to pay an application, processing or other fee as a condition for applying for a credit card account, or in advance of receiving the disclosures required by this section; ``(ii) requires a consumer to purchase any membership, product or service, including any credit protection, credit analysis, or credit education product or service, as a condition for receiving a credit card account; ``(iii) represents that the credit card account does not require an annual fee, when the consumer is required to pay an enrollment fee, membership fee, or any form of service fee on a recurring basis; ``(iv) represents that a consumer is pre- approved, guaranteed approval, or otherwise has met the creditor's underwriting standards to qualify for a specific offer of credit, when the consumer does not meet the standards for such credit, no such standards exist, or the solicitation constitutes only an invitation to apply for credit or anything other than a firm offer of credit to the consumer; ``(v) represents that a consumer qualifies to receive, or qualifies to apply to receive, a credit card account, in which any stated term, including the line of credit amount, annual interest rate, annual fee amount or other term-- ``(I) is not available to the consumer upon initiation of the account, but is made available, or is intended at the time of the representation to be made available, in installments over time in response to the consumer's positive record of credit use and payment; ``(II) is an annual interest rate or other term the issuer no longer makes available as part of credit card accounts for which the consumer qualifies, or that the issuer has reason to know will no longer be available to such consumer prior to the expiration of such period, as defined by regulation, that permits reasonable time for consumer response to the solicitation; and ``(III) is an annual interest rate or other term that the issuer makes available only to selected consumers, or to consumers with preferred credit scores or ratings; ``(vi) represents that a credit card account provides for credit protection, overdraft protection, travel insurance, or other account-related benefits and services that the issuer makes available separately, and at additional charge, to card holders; or ``(vii) issues a credit card account to a consumer who has responded to a direct solicitation, the account terms of which are materially different, in terms of being less favorable to the consumer, than the terms included in the solicitation that resulted in the consumer's application; ``(B) in administering a credit card account for any consumer under an open end consumer credit plan, the creditor-- ``(i) enrolls a consumer in paid memberships or in any account-related service or program, including credit insurance or credit protection, without the clear and unambiguous consent of the consumer after receiving complete disclosure of the terms and conditions for such membership, service, or program, as provided in regulation; ``(ii) posts a charge or debit to a consumer's account for any product, service, or membership without the clear and unambiguous consent of the consumer after receiving complete disclosure of the terms and conditions for such membership, service, or program, as provided in regulation; ``(iii) engages in a pattern or practice of-- ``(I) failing to mail the initial periodic statement required under subsection (b) of this section, or delaying or withholding any subsequent periodic statement, for the purpose, or with the effect, of causing the consumer to incur late payment fees or other fees or penalties, or additional interest charges with respect to such account; ``(II) scheduling payment due dates in periodic statements to coincide with holidays, weekend days, or other days that the creditor is not open for business, or otherwise not available to receive or process billing payments, for the purpose, or with the effect, of causing the consumer to incur late payment fees or other penalties or additional interest charges with respect to the account; or ``(III) withholding the posting of payments to a credit card account received on or before the payment due date stated in periodic statements for the purpose, or with the effect, of causing the consumer to incur late payment fees or other penalties or additional interest charges with respect to such account; ``(iv) increases the annual interest rate on a credit card account, or removes or increases any introductory interest rate applicable to such account, for reasons other than actions or omissions of the card holder that are directly related to such account, which shall be clearly and conspicuously described to the card holder in the information required to be disclosed under subsection (a), and then only after the consumer has been provided with appropriate notice, as provided in regulation; or ``(v) subject to paragraph (5), refuses to cancel or close a credit card account upon the request of a consumer; or ``(C) the creditor engages in any other practice that the Board shall determine, by regulation or order, to be unfair, deceptive, intended to misrepresent or confuse the terms of a credit offer, or designed to evade the provisions of this subsection. ``(4) Notice to consumer of failure to qualify.--The Board shall prescribe regulations for procedures under which the creditor shall provide notice to any consumer of-- ``(A) any failure of the consumer to qualify for an extension of credit or a credit card under the terms and conditions in an offer or solicitation and the reasons for such failure to qualify; ``(B) the terms of a credit card account, if any, that the consumer is qualified to receive, which shall include all disclosures required under subsection (c)(1) and shall meet all requirements of this section; and ``(C) the procedures required of the consumer to receive, or to apply to receive, the credit card account disclosed under subparagraph (B). ``(5) Procedures for cancellation.--A creditor may define procedures for requesting cancellation of an account, which shall be clearly described in the information required to be disclosed under subsection (a) and shall be reasonable.''. (b) Improved Enforcement Authority.--Section 127 of the Consumer Credit Protection Act (15 U.S.C. 1637) is amended by inserting after subsection (h) (as added by subsection (a) of this section) the following new subsection: ``(i) State Action for Violations.-- ``(1) Authority of the states.--In addition to such other remedies as are provided under State law, if the attorney general of a State, or an officer authorized by the State, has reason to believe that any creditor has violated or is violating subsection (h), the State may-- ``(A) bring an action on behalf of the residents of the State to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; and ``(B) bring an action on behalf of the residents of the State to enforce compliance with subsection (h), to obtain damages, restitution, or other compensation on behalf of the residents of such State, or to obtain such further and other relief as the court may deem appropriate. ``(2) Rights of federal agencies.-- ``(A) Notice.--The State shall serve prior written notice of any action commenced under paragraph (1) with respect to any depository institution upon the Federal agency described in subsection (a) or (c) of section 108 with respect to such creditor and shall provide such agency with a copy of the complaint unless such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Intervening action.--Any agency described in subsection (a) or (c) of section 108 which receives a notice from a State under subparagraph (A) with respect to any action described in such subparagraph shall have the right-- ``(i) to move to stay the action, pending the final disposition of a pending Federal matter as described in paragraph (4); ``(ii) to intervene in an action under paragraph (1); ``(iii) upon so intervening, to be heard on all matters arising therein; ``(iv) to remove the action to the appropriate United States district court; and ``(v) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, nothing in this subsection shall prevent the attorney general, or officers of such State who are authorized by such State to bring such actions, from exercising the powers conferred on the attorney general or such officers by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Limitation on state action while federal action is pending.--If any Federal agency described in subsection (a) or (c) of section 108 has instituted an enforcement action for a violation of subsection (h), no State may, during the pendency of such action, bring an action under this subsection against any creditor named in the enforcement action for any violation of subsection (h) that is alleged in that action.''. (c) Effective Date of Regulations.-- (1) Publication of final regulations.--Notwithstanding section 105(d) of the Truth in Lending Act, the Board of Governors of the Federal Reserve System shall publish in final form in the Federal Register before the end of the 6-month period beginning on the date of the enactment of this Act any regulations required under the amendments made by subsection (a) or (b) and such regulations as the Board determines to be appropriate to implement such amendments. (2) Effective date.--The regulations published in final form in accordance with paragraph (1) shall take effect not later than 90 days after the date of such publication.

Credit Card Predatory Practices Prevention Act of 2001 - Amends the Consumer Credit Protection Act to prohibit as unfair and deceptive specified creditor practices with respect to a credit card account under an open-end consumer credit plan, including practices involved in: (1) credit card solicitations; and (2) account administration.Provides for notice to the consumer of failure to qualify for credit, and the reasons therefor.Permits State authorities to bring an action to enjoin violations of this Act and enforce compliance.

To amend the Truth in Lending Act to prohibit unfair or deceptive creditor acts or practices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Escrow Account Reform Act of 1993''. SEC. 2. LIMITATION OF PAYMENTS INTO ESCROW ACCOUNTS. (a) Payments at Settlement.-- (1) In general.--Section 10(a)(1) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609(a)(1)) is amended by striking ``, plus one-sixth'' and all that follows through ``twelve-month period''. (2) Effective date.--The amendment under paragraph (1) shall be made and shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act. (b) Regular Monthly Payments.-- (1) In general.--Section 10(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609(a)) is amended by adding at the end the following new undesignated paragraphs: ``Notwithstanding paragraphs (1) and (2) and any mortgage agreement, each lender or servicer maintaining any such escrow account shall provide that, not less than once during each annual escrow period, the balance in each such escrow account shall equal an amount not greater than the amount equal to one-sixth of the sum of the total amount of taxes, insurance premiums, and other charges anticipated to be paid during such annual escrow period (or such lesser amount as provided in the mortgage agreement or other mortgage instrument). ``For 12 consecutive calendar months (the first such month being the month in which the first installment payment under the mortgage is due), an amount in each such month not exceeding \1/72\ of the estimated total amount of taxes, insurance premiums, and other charges which are reasonably anticipated to be paid on dates during the annual escrow period may be collected by the lender as a sum in excess of the amount sufficient to pay such taxes, insurance premiums, and other charges during the annual period.''. (2) Applicability.--The amendment made by paragraph (1) shall apply to any annual escrow period (as such term is defined in section 10(h) of the Real Estate Settlement Procedures Act of 1974, as amended by this Act) for a federally related mortgage loan that begins after the expiration of the 1-year period beginning on date of the enactment of this Act. (c) Coverage of Servicers.--Section 10(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609(a)) is amended-- (1) in the matter preceding paragraph (1), by inserting ``or servicer (as the term is defined in section 6(i))'' after ``lender''; and (2) by inserting ``or servicer'' after ``lender'' each place it appears in paragraphs (1) and (2). SEC. 3. INTEREST ON AMOUNTS IN ESCROW ACCOUNTS. (a) In General.--Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609) is amended by adding at the end the following new subsection: ``(e) Interest on Amounts in Escrow Accounts.--Any lender or servicer that establishes or maintains an escrow account in connection with a federally related mortgage loan shall pay interest on the balance in the escrow account at an annual rate of not less than the current passbook savings rate, as determined by the Secretary (in the same manner determined for purposes of determining family annual income under title I of the United States Housing Act of 1937). Interest accrued under this subsection shall be payable annually, except that any amounts accrued upon termination of an escrow account shall be payable upon the termination of the account. The Secretary shall, by regulation, provide for the manner and timing of payment of interest accrued under this section to the borrower or the account of the borrower.''. (b) Applicability.--The amendment made by subsection (a) shall apply to any escrow account (in connection with a federally related mortgage loan) that is established after the expiration of the 1-year period beginning on the date of the enactment of this Act. SEC. 4. OPTION OF BORROWER TO TERMINATE ESCROW ACCOUNT. (a) In General.--Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609), as amended by section 3 of this Act, is further amended by adding at the end the following new subsection: ``(f) Borrower Assumption of Escrow Account Responsibility.--Any borrower in connection with a federally related mortgage loan for which less than 80 percent of the original principal obligation under the loan remains outstanding may terminate any escrow account for the loan by submitting to the lender or servicer of the loan a statement certifying that the borrower agrees to make timely payments of all taxes, insurance premiums, and other charges paid from the escrow account. Notwithstanding subsection (a) or any mortgage agreement, a lender or servicer may not require the establishment or maintenance of any escrow account for any federally related mortgage loan for which the escrow account is terminated under this subsection.''. (b) Effective Date.--The amendment under subsection (a) shall be made and shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. SEC. 5. ENFORCEMENT OF BORROWER RIGHTS. (a) Civil Money Penalties.--Section 10(d) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609(d)) is amended-- (1) in paragraph (1)-- (A) by striking ``failure to submit a statement to a borrower as required under subsection (c)'' and inserting ``failure by a lender or servicer to comply with the provisions of this section''; and (B) by striking ``failing to submit the statement'' and inserting ``failing to comply''; and (2) in paragraph (2), by striking ``the requirement to submit the statement'' and inserting ``a provision of this section''. (b) Actions.--Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609), as amended by sections 3 and 4 of this Act, is further amended by adding at the end the following new subsection: ``(g) Actions to Enforce Borrower Rights.-- ``(1) Damages and costs.--Whoever fails to comply with any provision of this section shall be liable to the borrower for each such failure in the following amounts: ``(A) Individuals.--In the case of any action by an individual, an amount equal to the sum of-- ``(i) any actual or incidental damages to the borrower as a result of the failure; and ``(ii) in the case of a pattern or practice of noncompliance with the provisions of this section, any punitive damages as the court may allow, in an amount not to exceed $10,000. ``(B) Class actions.--In the case of a class action, an amount equal to the sum of-- ``(i) any actual or incidental damages to each of the borrowers in the class as a result of the failure; and ``(ii) in the case of a pattern or practice of noncompliance with the provisions of this section, any punitive damages as the court may allow. ``(2) Attorneys fees.--In any action pursuant to this section, the court shall award to the prevailing party the court costs of the action together with reasonable attorneys fees.''. SEC. 6. DEFINITIONS. Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609), as amended by sections 3, 4, and 5 of this Act, is further amended by adding at the end the following new subsection: ``(h) Definitions.--For purposes of this section: ``(1) The term `annual escrow period' means a period of 12 consecutive calendar months occurring during the term of a federally related mortgage loan. The annual escrow period beginning in each calendar year shall begin with the calendar month during which the first installment payment under the mortgage was due. ``(2) The term `balance', with respect to any escrow account, means the total of any amounts remaining in the escrow account, irrespective of the purpose or manner in which such amounts were deposited or are to be used.''. SEC. 7. JURISDICTION OF COURTS. Section 16 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614) is amended-- (1) by inserting ``(a) Kickback and Title Company Violations.--'' after ``Sec. 16.''; and (2) by adding at the end the following new subsection: ``(b) Escrow Account Violations.--Any action brought pursuant to the provisions of section 10 may be brought in the United States district court or in any other court of competent jurisdiction, for the district in which the property involved is located or where the violation is alleged to have occurred, within 3 years from the date that the borrower under the federally related mortgage loan first had actual knowledge of the violation. Actions pursuant to section 10 may be brought by the borrower, the Secretary, the Attorney General of any State, or the insurance commissioner of any State.''. SEC. 8. STUDY OF STANDARD ESCROW ACCOUNT MANAGEMENT PROCEDURES. (a) In General.--The Secretary of Housing and Urban Development shall conduct a study of the accrual and disbursement dates for taxes, insurance premiums, and other charges under escrow accounts maintained by lenders and servicers in connection with federally related mortgage loans, procedures regarding shortages and surplus amounts in such escrow accounts, and the impact and treatment of inflation with respect to such accounts, to determine the feasibility of requiring standard procedures for managing such escrow accounts. (b) Definitions.--For purposes of this section-- (1) the term ``accrual date'' means, with respect to taxes, insurance premiums, and other charges to escrow accounts, the date on which the amount for a charge is required to be deposited in an escrow account maintained for payment of such charges; and (2) the term ``disbursement date'' means, with respect to taxes, insurance premiums, and other charges to escrow accounts, the date on which the amount of a charge is withdrawn from an escrow account maintained for payment of such charges. (c) Report.--The Secretary of Housing and Urban Development shall submit to the Congress a report regarding the results of the study under subsection (a), not later than June 30, 1993. The report shall include the following information: (1) A determination of the overall cost to lenders and servicers of converting accounting procedures used for escrow accounts from single item analysis to an aggregate analysis procedure. (2) A determination of the feasibility of establishing an accrual date for each charge to an escrow account that occurs 30 days before the disbursement date for the charge. (3) A determination of (A) the feasibility of identifying the disbursement dates for various State and local tax collection agencies throughout the United States and (B) any cost to the Secretary of Housing and Urban Development of issuing a list of such disbursement dates on an annual basis. (4) A description and comparison of various accounting methods for estimating the annual percentage increase in property taxes for a property securing a federally related mortgage loan. (5) An examination of mortgage agreements and a determination of the extent to which such agreements permit any increase in the amounts required to be deposited by a borrower upon transfer of the servicing rights for the mortgage loan. (6) A determination of the extent and frequency of deficiencies of amounts in escrow accounts and a description and comparison of the various procedures used to remedy such deficiencies. (7) A description of the various procedures used by State and local tax authorities and lenders and servicers in increasing tax charges and collecting related amounts for escrow accounts. (8) A recommendation regarding the feasibility of requiring standard procedures for management of escrow accounts. (9) Any other information relating to the study conducted under subsection (a) that the Secretary considers appropriate. SEC. 9. REGULATIONS. (a) Requirement.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any proposed regulations necessary to carry out this Act and the amendments made by this Act. Not later than the expiration of the 90-day period beginning on the expiration of such 180-day period, the Secretary of Housing and Urban Development shall issue final regulations to carry out this Act and the amendments made by this Act. The regulations issued pursuant to this section shall be subject to section 553 of title 5, United States Code. (b) Rule of Construction.--Any failure by the Secretary to issue any regulations required under subsection (a) shall not affect the effectiveness of the provisions of this Act or of the amendments made by this Act.

Escrow Account Reform Act of 1993 - Amends the Real Estate Settlement Procedures Act of 1974 to modify the limitation placed on advance deposits in escrow accounts. Requires any mortgage lender or servicer that establishes or maintains an escrow account in connection with a federally related mortgage loan to pay interest on the balance in such account at a specified minimum annual rate. Cites conditions under which a borrower in connection with a federally related mortgage may terminate an escrow account by submitting a statement certifying that the borrower agrees to make timely payments of all charges paid from the escrow account. Defines the liability incurred for noncompliance with this Act. Sets forth Federal court jurisdiction over escrow account violations, and identifies the parties with standing to sue (including the borrower). Requires the Secretary of Housing and Urban Development to: (1) report to the Congress the results of a study of standard escrow account management procedures; and (2) promulgate regulations implementing this Act.

Escrow Account Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Savings Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States imports more oil from the Middle East today than before the attacks on the United States on September 11, 2001; (2) the United States remains the most oil-dependent industrialized nation in the world, consuming approximately 25 percent of the oil supply of the world; (3) the ongoing dependence of the United States on foreign oil is one of the greatest threats to the national security and economy of the United States; and (4) the United States needs to take transformative steps to wean itself from its addiction to oil. SEC. 3. POLICY ON REDUCING OIL DEPENDENCE. It is the policy of the United States to reduce the dependence of the United States on oil, and thereby-- (1) alleviate the strategic dependence of the United States on oil-producing countries; (2) reduce the economic vulnerability of the United States; and (3) reduce the greenhouse gas emissions associated with oil use. SEC. 4. OIL SAVINGS PLAN. (a) Initial Oil Savings Target and Action Plan.--Not later than 270 days after the date of enactment of this Act, an interagency task force composed of the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Secretary of Agriculture, the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, and the head of any other agency the President determines appropriate (referred to in this section as the ``Interagency Task Force'') shall publish in the Federal Register an action plan consisting of-- (1) a draft list of proposals for agency action that will be sufficient, when taken together, to save from the baseline determined under subsection (d)-- (A) 2,500,000 barrels of oil per day on average during calendar year 2016; (B) 7,000,000 barrels of oil per day on average during calendar year 2026; and (C) 10,000,000 barrels per day on average during calendar year 2030; and (2) a Federal Government-wide analysis demonstrating-- (A) the expected oil savings from the baseline to be accomplished by-- (i) chapter 329 of title 49, United States Code (including regulations promulgated to carry out that chapter); and (ii) section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) (including regulations promulgated to carry out section 211(o) of that Act); and (B) that the proposals described in paragraph (1), taken together with expected oil savings described in subparagraph (A), will achieve the oil savings specified in this subsection. (b) Review and Update of Action Plan.-- (1) Review.--Not later than January 1, 2011, and every 3 years thereafter, the Interagency Task Force shall submit to Congress, and publish, a report that-- (A) evaluates the progress achieved in implementing the oil savings targets established under subsection (a); (B) analyzes the expected oil savings under the action plan established under that subsection; and (C)(i) analyzes the potential to achieve oil savings that are in addition to the oil savings goals under that subsection; and (ii) if the President determines that it is in the national interest, requires an analysis under that subsection for a higher oil savings goal for calendar year 2017 or any subsequent calendar year. (2) Insufficient oil savings.--If the oil savings are less than the targets described in subsection (a), simultaneously with the report required under paragraph (1), the Interagency Task Force shall publish a revised action plan that is sufficient to achieve the targets. (c) Public Comment and Final Proposals.-- (1) In general.--After a 30-day period for public comment on the publications under subsection (a) and (b), the Interagency Task Force shall, not later than 1 year after the date of enactment of this Act, issue a final list of proposals to meet the requirements of this section. (2) Additional legislative authority.--The proposals shall include a request to Congress for any additional legislative authority necessary to implement the proposals. (d) Baseline and Analysis Requirements.--In performing the analyses required for the action plan to achieve the oil savings described in subsection (a), the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the head of any other agency the President determines to be appropriate shall-- (1) determine oil savings as the projected reduction in oil consumption from the baseline established by the reference case contained in the report of the Energy Information Administration entitled ``Annual Energy Outlook 2008''; (2) determine the oil savings projections required on an annual basis for each of calendar years 2009 through 2030; and (3) account for any overlap among implementation actions to ensure that the projected oil savings from all the implementation actions, taken together, are as accurate as practicable. (e) Relationship to Other Laws.--Nothing in this section affects the authority provided or responsibility delegated under any other law.

Oil Savings Act of 2008 - States that it is U.S. policy to reduce the dependence of the United States on oil and thereby: (1) alleviate the strategic dependence of the United States on oil-producing countries; (2) reduce the economic vulnerability of the United States; and (3) reduce the greenhouse gas emissions associated with oil use. Directs an Interagency Task Force, composed of the Secretaries of Energy, Transportation, Defense, Agriculture, and the Treasury, as well as the Administrator of the Environmental Protection Agency (EPA) and any other agency head determined appropriate by the President, to: (1) publish an action plan for achieving specified oil savings targets during calendar years 2016, 2026, and 2030; and (2) report to Congress on the progress achieved in implementing such targets and expected oil savings under the action plan. Requires the plan to include an analysis demonstrating expected oil savings that result from changes to motor vehicle fuel consumption standards and under the renewable fuel program. Requires a revised action plan if oil savings fall short of targets.

A bill to reduce the dependence of the United States on foreign oil, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Compensation Tax Reform Act of 2002''. SEC. 2. REPEAL OF 1978 REVENUE ACT LIMITATION ON SECRETARY OF THE TREASURY'S AUTHORITY TO DETERMINE YEAR OF INCLUSION OF AMOUNTS UNDER PRIVATE DEFERRED COMPENSATION PLANS. (a) Repeal.--Section 132 of the Revenue Act of 1978 (Public Law 95- 600) is repealed. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. TREATMENT OF EMPLOYMENT LOANS MADE TO EXECUTIVES. (a) In General.--Subchapter C of chapter 80 of the Internal Revenue Code of 1986 (relating to provisions affecting more than one subtitle) is amended by adding after section 7872 the following new section: ``SEC. 7872A. TREATMENT OF EMPLOYMENT LOANS MADE TO EXECUTIVES. ``(a) General Rule.--If an employer directly or indirectly makes a loan to an applicable employee-- ``(1) such loan shall be treated as compensation to the employee for purposes of subtitles A and C if the requirements of subsection (b) are not met with respect to such loan, and ``(2) if the principal amount of such loan, when added to the aggregate outstanding balance (as of the date of such loan) of all other loans made directly or indirectly by the employer to such employee, exceeds $1,000,000, then the rules of subsection (c) shall for purposes of applying section 7872 to such loan. ``(b) Minimum Requirements To Be Treated As a Loan.-- ``(1) In general.--A loan meets the requirements of this subsection only if-- ``(A) the loan is evidenced by a promissory note or other written evidence of indebtedness, ``(B) there is adequate collateral or security for the loan, and ``(C) there is a fixed schedule (not greater than 10 years) for repayment of principal and interest on the loan. ``(2) Collateral.--For purposes of paragraph (1)(B), there shall not be taken into account as collateral or security any assets acquired by the employee by reason of the employee's employment with the employer, including any stock or capital or profits interests in the employer, any option or other contract to purchase such stock or interests, any restricted stock or ownership interest, or any nonqualified deferred compensation. ``(3) Relocation loans.--Paragraph (1)(C) shall not apply to a loan by an employer to an employee the proceeds of which are used by the employee to purchase a principal residence if the purchase is in connection with the commencement of work by an employee or a change in the principal work of an employee to which section 217 applies. ``(c) Application of Section 7872 to Excessive Loans.--If subsection (a)(2) applies to a loan, in determining whether such loan is a below-market loan to which section 7872 applies (and in applying such section to such loan if it is a below-market loan)-- ``(1) such loan shall not be treated as a gift loan or demand loan, and ``(2) the discount rate used in determining the present value of any payment due under the loan shall be the applicable Federal rate plus 3 percentage points. ``(d) Rules Applicable to Amounts Treated as Compensation.-- ``(1) In general.--If subsection (a)(1) applies to a loan made by an employer to an applicable employee, the employer shall be treated as having made a supplemental wage payment to the employee in an amount equal to the principal amount of the loan. Such payment shall be treated as having been made on the date the loan was made. ``(2) Subsequent repayments.--If an employee repays any principal on a loan to which subsection (a)(1) applies-- ``(A) there shall be allowed as a deduction to the employee for the taxable year of the repayment the amount of such repayment, and ``(B) the amount treated as compensation for purposes of subtitle C for the calendar year of the repayment shall be reduced by the amount of such repayment. The amount of the reduction under subparagraph (B) shall not exceed the amount treated as compensation for purposes of subtitle C by reason of this section and shall be carried to 1 or more succeeding calendar years to the extent such amount exceeds the aggregate amount of compensation for the year of the repayment and succeeding years. ``(e) Other Definitions and Rules.--For purposes of this section-- ``(1) Applicable employee.-- ``(A) In general.--The term `applicable employee' means an employee who, at the time the loan is made-- ``(i) is an officer or director of the employer, ``(ii) is a 5-percent owner (within the meaning of section 416(i)) of the employer, or ``(iii) has an aggregate outstanding balance of loans (including such loan) made directly or indirectly to the employee by the employer in excess of $1,000,000. ``(B) Applicable rules.--For purposes of subparagraph (A)-- ``(i) the term `employee' includes a director and a self-employed individual (within the meaning of section 401(c)(1)), and ``(ii) in the case of an employer which is not a corporation, an individual shall be treated as an officer or director if the individual holds any comparable position with the employer. ``(2) Aggregation.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single person for purposes of this section.'' (b) Conforming Amendment.--The table of sections for subchapter C of chapter 80 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 7872 the following new item: ``Sec. 7872A. Treatment of employment loans made to executives.'' (c) Effective Date.--The amendments made by this section shall apply to-- (1) loans made after the date of the enactment of this Act, and (2) refinancings after such date of loans made before such date. SEC. 4. CERTAIN SALES OF COMPANY STOCK BY CORPORATE INSIDERS TO BE SUBJECT TO EXCISE TAX ON GOLDEN PARACHUTE PAYMENTS. (a) In General.--Section 4999 of the Internal Revenue Code of 1986 (relating to golden parachute payments) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Certain Sales of Company Stock by Corporate Insiders.-- ``(1) In general.--For purposes of this section, the term `excess parachute payment' includes any amount realized by a corporate insider on the sale or exchange of stock in the corporation with respect to which the individual is a corporate insider if such sale or exchange occurs while such corporation (or any other entity consolidated with such corporation for purposes of reporting to the Securities and Exchange Commission) maintains a transfer-restricted 401(k) plan. ``(2) Corporate insider.--For purposes of this subsection, the term `corporate insider' means, with respect to a corporation, any individual who is subject to the requirements of section 16(a) of the Securities Exchange Act of 1934 with respect to such corporation. ``(3) Transfer-restricted 401(k) plan.--For purposes of this subsection, the term `transfer-restricted 401(k) plan' means, with respect to any period, any qualified cash or deferred arrangement (as defined in section 401(k)(2)) if, during such period, any participant in such arrangement is not able to freely sell employer stock-- ``(A) which is held in such participant's account under such arrangement, and ``(B) which is attributable to employee contributions, employer contributions, or earnings thereon. ``(4) Application of subsection.--This subsection shall apply to sales and exchanges during the 6-month period beginning on the date of the enactment of this subsection.'' (b) Effective Date.--The amendment made by this section shall apply to sales and exchanges after the date of the enactment of this Act. SEC. 5. INCLUSION IN INCOME OF CERTAIN DEFERRED AMOUNTS OF INSIDERS OF CORPORATIONS WHICH EXPATRIATE TO AVOID UNITED STATES INCOME TAX. (a) In General.--Part II of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically included in gross income) is amended by adding at the end the following new section: ``SEC. 91. UNREALIZED GAIN ON STOCK OPTIONS OF INSIDERS OF CORPORATIONS WHICH EXPATRIATE TO AVOID UNITED STATES INCOME TAX. ``(a) In General.--In the case of a corporate insider of any expatriate corporation, the gross income of such insider (for the taxable year during which such corporation becomes an expatriate corporation) shall include as ordinary income the net unrealized built- in gain on options held by such insider to acquire stock in such corporation or in any member of the expanded affiliated group which includes such corporation. Proper adjustments shall be made in the amount of any gain or loss subsequently realized with respect to such options for any amount included in gross income under the preceding sentence. ``(b) Definitions.--For purposes of this section-- ``(1) Corporate insider.--The term `corporate insider' means, with respect to a corporation, any individual who is subject to the requirements of section 16(a) of the Securities Exchange Act of 1934 with respect to such corporation. ``(2) Expatriate corporation.-- ``(A) In general.--The term `expatriate corporation' means the acquiring corporation in a corporate expatriation transaction. ``(B) Corporate expatriation transaction.--For purposes of this paragraph-- ``(i) In general.--The term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(ii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (i) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iii) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this paragraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (ii). ``(iv) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(v) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(3) Net realized built-in gain.--The term `net unrealized built-in gain' means, with respect to options to acquire stock in any corporation, the amount which would be required to be included in gross income were such options exercised. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)).'' (b) Clerical Amendment.--The table of sections for such part II is amended by adding at the end the following new item: ``Sec. 91. Certain deferred amounts of insiders of corporations which expatriate to avoid United States income tax.'' (c) Effective Date.--The amendments made by this section shall apply with respect to corporate expatriation transactions completed after the date of the enactment of this Act, and to taxable years ending after such date.

Executive Compensation Tax Reform Act of 2002 - Repeals provision of the Revenue Act of 1978 which limits the Secretary of the Treasury's authority to determine the taxable year of inclusion in gross income of amounts under private deferred compensation plans.Amends the Internal Revenue Code to classify a loan by an employer to an employee as compensation unless it meets specified requirements, including that it is evidenced by a promissory note.Subjects the sale or exchange of stock in a corporation by a corporate insider to an excise tax on golden parachute payments if such sale or exchange occurs while the corporation or another entity consolidated with the corporation maintains a transfer-restricted 401(k) plan.Includes in gross income of a corporate insider of an expatriate corporation the net unrealized built-in gain on options held by such insider to acquire stock in the corporation or in any member of the expanded affiliated group which includes the corporation.

A bill to amend the Internal Revenue Code of 1986 to ensure the proper tax treatment of executives compensation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Opportunities for Medical Doctors Act of 2016''. SEC. 2. REDISTRIBUTING UNUSED RESIDENCY POSITIONS TO PROMOTE THE ESTABLISHMENT OF RESIDENCY PROGRAMS FOR NEWLY RECOGNIZED PRIMARY MEDICAL SPECIALTIES. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``(7) and (8)'' and inserting ``(7), (8), and (9)''; (2) in paragraph (4)(H)(i), by striking ``(7) and (8)'' and inserting ``(7), (8), and (9)''; (3) in paragraph (7)(E), by striking ``paragraph (8)'' and inserting ``paragraphs (8) or (9)'' before the period at the end; and (4) by adding at the end the following new paragraph: ``(9) Distribution of additional residency positions.-- ``(A) Reductions in limit based on unused positions.-- ``(i) In general.--If a hospital's reference resident level (as defined in subparagraph (G)(i)) is less than the otherwise applicable resident limit (as defined in subparagraph (G)(iii)), effective for portions of cost reporting periods occurring on or after July 1, 2017, the otherwise applicable resident limit shall be reduced by 65 percent of the difference between such otherwise applicable resident limit and such reference resident level. ``(ii) Exception.--This subparagraph shall not apply to a hospital located in a rural area (as defined in subsection (d)(2)(D)(ii)) with fewer than 250 acute care inpatient beds. ``(B) Distribution.-- ``(i) In general.--The Secretary shall, in accordance with the succeeding provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital that submits an application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1, 2017. The aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to the aggregate reduction in such limits attributable to subparagraph (A) (as estimated by the Secretary). ``(ii) Requirements.--Subject to clause (iii), a hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 3- year period beginning on the date of such increase, that the positions resulting from the increase under this paragraph will be filled. The Secretary may determine whether a hospital has met the requirements under this clause during such 3-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 3- year period. ``(iii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (ii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(C) Capacity considerations in redistribution.-- In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), the Secretary shall take into account the demonstration likelihood of the hospital filling the positions made available under this paragraph within the first 3 cost reporting periods beginning on or after July 1, 2017, as determined by the Secretary. ``(D) Priority in redistribution.--Subject to subparagraphs (C) and (E), the Secretary shall determine which qualifying hospitals receive increases under subparagraph (B) in the otherwise applicable resident limits for such hospitals in a manner that distributes the positions made available to hospitals under this paragraph in accordance with the following: ``(i) The Secretary shall make such positions available to hospitals with applicable residency training programs. ``(ii) In the case that the application of clause (i) does not result in the distribution of all positions made available under this paragraph, the Secretary shall make any positions that remain undistributed after the application of such clause available to hospitals that are located in-- ``(I) a State with a resident-to- population ratio in the lowest quartile (as determined by the Secretary); ``(II) a State, a territory of the United States, or the District of Columbia that is among the top 10 States, territories, or Districts in terms of the ratio of the total population of the State, territory, or District living in an area designated (under such section 332(a)(1)(A)) as a health professional shortage area (as of the date of enactment of this paragraph), to the total population of the State, territory, or District (as determined by the Secretary based on the most recent available population data published by the Bureau of the Census); or ``(III) a rural area (as defined in subsection (d)(2)(D)(ii)). ``(iii) In the case that the application of clauses (i) and (ii) does not result in the distribution of all positions made available under this paragraph, the Secretary shall make any positions that remain undistributed after the application of such clauses available to hospitals that establish a medical residency program that is sponsored by, or affiliated with, a medical school that was first accredited during the cost reporting period prior to the cost reporting period with respect to which such application applies. ``(E) Limitation.--A hospital may not receive more than 75 full-time equivalent additional residency positions under this paragraph. ``(F) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(G) Definitions.--In this paragraph: ``(i) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the highest resident level for any of the 3 most recent cost reporting periods (ending before the date of the enactment of this paragraph) of the hospital for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i). ``(iii) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraph (7)(A). ``(iv) Applicable residency training program.-- ``(I) In general.--The term `applicable residency training program' means a medical residency training program that is for the applicable primary specialty that, as of the date of the enactment of this paragraph, is the applicable primary specialty that has most recently been designated as a primary specialty by the American Board of Medical Specialties. ``(II) Applicable primary specialty.--The term `applicable primary specialty' means a primary specialty a resident of which is not, as of the date of the enactment of this paragraph, counted as an FTE resident for purposes of this subsection. For purposes of the preceding sentence, the term `primary specialty' does not include a subspecialty. ``(H) Affiliation.--The provisions of this paragraph shall be applied to hospitals which are members of the same affiliated group (as defined by the Secretary under paragraph (4)(H)(ii)) and the reference resident level for each such hospital shall be the reference resident level with respect to the cost reporting period that results in the smallest difference between the reference resident level and the otherwise applicable resident limit.''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second sentence, is amended by striking ``subsections (h)(7) and (h)(8)'' and inserting ``subsections (h)(7), (h)(8), and (h)(9)''. (2) Conforming amendment.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following clause: ``(xii) For discharges occurring on or after July 1, 2017, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9)(B), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.''. (c) Conforming Amendment.--Section 422(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), as amended by section 5503 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and (9).''.

Enhancing Opportunities for Medical Doctors Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to redistribute unused residency positions for which graduate medical education costs are paid under Medicare. Specifically, the Centers for Medicare & Medicaid Services must: (1) reduce a hospital's resident limit by a specified amount if the hospital has unused residency positions and is not a rural hospital with fewer than 250 acute care inpatient beds, and (2) increase the resident limit for each qualifying hospital that applies for an increase. In aggregate, the number of increased positions shall equal the number of reduced positions. The bill establishes specified priorities, limitations, and capacity considerations with respect to redistribution.

Enhancing Opportunities for Medical Doctors Act of 2016

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prevention of School Violence Act of 1999''. (b) Findings.--The Congress finds the following: (1) Students have a right to be safe and secure in their persons while attending school. (2) While America's schools are among the safest places to be on a day-to-day basis, the recent tragic and sudden acts of violence in some of our Nation's schools, including the incidents in Pearl, Mississippi; Paducah, Kentucky; Jonesboro, Arkansas; Springfield, Oregon; Edinboro, Pennsylvania; Fayetteville, Tennessee; and Littleton, Colorado, remind us that no school and no community can be complacent in their efforts to make their schools even safer and in doing so provide a high quality learning environment for their students. (3) There is an increasing and urgent need to better understand the causes of violence committed by students and to identify those initiatives and strategies that are effective in preventing acts of violence in our schools. SEC. 2. ESTABLISHMENT OF NATIONAL COMMISSION ON THE PREVENTION OF SCHOOL VIOLENCE. There is established a Commission to be known as the ``National Commission on the Prevention of School Violence'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.-- (1) Generally.--The Commission shall be composed of 11 members as follows: (A) Three individuals shall be appointed by the Speaker of the House. (B) One individual shall be appointed by the Minority Leader of the House. (C) Three individuals shall be appointed by the Majority Leader of the Senate. (D) One individual shall be appointed by the Minority Leader of the Senate. (E) One individual shall be appointed by the Secretary of Education. (F) One individual shall be appointed by the Attorney General. (G) One individual shall be appointed by the Secretary of Health and Human Services. (2) Consultation by appointing officials.--The appointing officials shall consult with each other on their appointments to assure the qualifications set forth in subsection (b) are met. (b) Qualifications.-- (1) Generally.--Each of the individuals appointed under subsection (a) shall be-- (A) a nationally recognized individual prominently acknowledged by that individual's peers, through publication, awards, or other such honors, as having expertise in fields related to child and adolescent behavior; (B) an individual with expertise and experience in dealing with at-risk children and adolescents; or (C) an individual with expertise and experience in school safety and violence issues. (2) Special qualifications.--The expertise of each individual appointed shall relate to the impact of these issues on producing a high quality learning experience. The panel shall include a parent and a recent high school graduate from a school where a recent violent incident has occurred. The panel shall include professionals with expertise in issues dealing with violent and delinquent youth, juvenile justice, or the impact of media and entertainment on children and adolescents. Such professionals shall be representative of the fields of psychology, psychiatry, mental health, social work, school safety, school counseling, behavioral science, juvenile justice; the impact of media and entertainment on children and adolescents. Whenever possible, preference shall be given to those who are also parents. (c) Consultation.--In the course of carrying out their responsibilities, the members of the Commission shall consult-- (1) experts from education, such as school administrators, teachers, counselors, and principals; (2) experts from the criminal justice field, such as law enforcement officers, judges, prosecutors, and juvenile probation officers; (3) behavioral scientists with experience with violent or delinquent youth; (4) organizations or research facilities with expertise in school violence and safety issues; (5) school safety experts such as school security officials; (6) school psychologists with experience in identifying youth at risk of violence; (7) organizations with experience in dealing with at risk youth; (8) members of the public who come in contact with at risk youth; (9) public health officials who have studied violence as a public health problem; (10) statisticians who have studied youth and interpersonal violence; (11) criminologists; (12) students and parents; and (13) other experts in the field of school violence and school safety issues. (d) Chairperson and Vice Chairperson.--The members of the Commission shall elect a Chairman and a Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson will assume the duties of the Chairperson. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (f) Appointments.--All appointments under subsection (a) shall be made within 30 days after the date of enactment of this Act. In the event that an officer authorized to make an appointment under subsection (a) has not made such appointment within such 30 days, the appointment may be made for such officer as follows: (1) the Chairman of the Committee on Education and the Workforce may act under such subsection for the Speaker of the House of Representatives; (2) the Ranking Minority Member of the Committee on Education and the Workforce may act under such subsection for the Minority Leader of the House of Representatives; (3) the Chairman of the Committee on Labor and Human Resources may act under such subsection for the Majority Leader of the Senate; and (4) the Ranking Minority Member of the Committee on Labor and Human Resources may act under such subsection for the Minority Leader of the Senate. (g) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. (h) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (i) Prohibition of Additional Pay.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the government service to the extent funds are available for such expenses. (j) Initial Meeting.--The initial meeting of the Commission shall occur within 40 days after the date of enactment of this Act. SEC. 4. FUNCTIONS OF COMMISSION. (a) Specific Findings and Recommendations.--The Commission shall study incidents of school violence. To the extent feasible, the Commission shall interview the perpetrators of school shootings, members of their families, their friends, and associates, teachers, guidance counselors, and other professionals who can provide insight into the perpetrators experiences, feelings, and expressions. The Commission shall make findings and specific recommendations regarding the following: (1) The extent, patterns, and root of the problem surrounding violence in and around schools, at school events, and on the way to and from school. (2) The key factors relating to school violence, including the characteristics of both perpetrator and victim, as well as their families and communities; the relationship between perpetrator and victim; social interactions; family dynamics; and the impact of entertainment, media, and cultural influences. (3) Successful approaches to preventing school violence, including such programs as early identification of troubled children, anger management, conflict resolution, and problem solving. (4) Recommendations to parents, educators, communities, and government entities as to those programs and strategies that will best prevent school violence and ensure the safety of students, faculty, and others, and lead to a high quality learning environment. (b) Final Report.-- (1) In general.--Subject to paragraph (2), the Commission shall submit to the President and to the Congress, not later than 1 year after the date of the first meeting of the Commission, a report which shall contain a detailed statement of the findings and conclusions of the Commission, including the Commission's recommendations for administrative and legislative action that the Commission considers advisable. (2) Majority vote required for recommendations.--Any recommendation described in paragraph (1) shall be made by the Commission to the President and to the Congress only if such recommendation is adopted by a majority vote of the members of the Commission who are present and voting. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold such hearings and sit and act at such times and places, as the Commission may find advisable. (b) Rules and Regulations.--The Commission may adopt such rules and regulations as may be necessary to establish the Commission's procedures and to govern the manner of the Commission's operations, organization, and personnel. (c) Assistance From Federal Agencies.-- (1) Information.--The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this Act. Each such agency or instrumentality shall, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), furnish such information to the Commission, upon request made by the Chairperson of the Commission. (2) Facilities and services, personnel detail authorized.-- Upon request of the Chairperson of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head-- (A) make any of the facilities and services of such agency or instrumentality available to the Commission; and (B) detail any of the personnel of such agency or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the Commission's duties under this Act. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contracting.--The Commission, to such extent and in such amounts as are provided in appropriation Acts, may enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the Commission's duties under this Act. (f) Staff.--Subject to such rules and regulations as may be adopted by the Commission, and to such extent and in such amounts as are provided in appropriation Acts, the Chairperson of the Commission shall have the power to appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director, and of such additional staff as the Chairperson deems advisable to assist the Commission, at rates not to exceed a rate equal to the maximum rate for level IV of the Executive Schedule under section 5332 of such title. SEC. 6. EXPENSES OF COMMISSION. There are authorized to be appropriated to pay any expenses of the Commission such sums as may be necessary not to exceed $650,000. Any sums appropriated for such purposes are authorized to remain available until expended, or until one year after the termination of the Commission pursuant to section 7, whichever occurs first. SEC. 7. TERMINATION OF COMMISSION. The Commission shall cease to exist on the date that is 60 days after the date on which the Commission is required to submit its final report in accordance with section 4(b).

Prevention of School Violence Act of 1999 - Establishes the National Commission on the Prevention of School Violence. Directs the Commission to submit a final report to the President and the Congress within one year after its first meeting. Terminates the Commission 60 days after such required report date.

Prevention of School Violence Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Antiterrorism Tools for Law Enforcement Act of 1996''. SEC. 2. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN COUNTERINTELLIGENCE AND COUNTERTERRORISM INVESTIGATIONS. (a) In General.--Chapter 206, title 18, United States Code, is amended-- (1) by redesignating section 3127 as section 3128; and (2) by inserting after section 3126 the following: ``Sec. 3127. Pen register or a trap and trace device in foreign counterintelligence and counter- terrorism investigations ``(a) Notwithstanding any other law, this chapter shall be applicable to foreign counterintelligence and international terrorism investigations conducted by the Federal Bureau of Investigation. ``(b) An application under this section for an order or an extension of an order under section 3123 of this title shall include-- ``(1) the identity of the attorney for the Government and the fact that the investigation is being conducted by the Federal Bureau of Investigation; and ``(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing foreign counterintelligence or international terrorism investigation being conducted by the Federal Bureau of Investigation. ``(c) All applications and orders under this section shall be maintained by the Federal Bureau of Investigation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 206 is amended-- (1) in the item relating to section 3127 by striking ``3127'' and inserting ``3128''; and (2) by adding after the item relating to section 3126 the following: ``3127. Pen register or a trap and trace device in foreign counterintelligence and counterterrorism investigations.''. SEC. 3. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION FACILITIES, PHYSICAL STORAGE FACILITIES AND VEHICLE RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND COUNTERTERRORISM CASES. Title 18, United States Code, is amended by inserting after chapter 121 the following: ``CHAPTER 122--ACCESS TO CERTAIN RECORDS ``Sec. 2720. Access to records of common carriers, public accommodation facilities, physical storage facilities and vehicle rental facilities in counterintelligence and counterterrorism cases ``(a) Any common carrier, public accommodation facility, physical storage facility or vehicle rental facility shall comply with a request for records in its possession made pursuant to this section by the Federal Bureau of Investigation when the Director or designee (whose rank shall be no lower than Assistant Special Agent in Charge) certifies in writing to the common carrier, public accommodation facility, physical storage facility or vehicle rental facility that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the person to whom the records sought pertain, is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801). ``(b) No common carrier, public accommodation facility, physical storage facility or vehicle rental facility or any officer, employee or agent of such common carrier, public accommodation facility, physical storage facility or vehicle rental facility shall disclose to any person, other than those officers, agents or employees of the common carrier, public accommodation facility, physical storage facility or vehicle rental facility necessary to fulfill the requirement to disclose the information to the Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation has sought or obtained the records requested. ``(c) As used in this chapter-- ``(1) the term `common carrier' means a locomotive, a rail carrier, a bus carrying passengers, a water common carrier, an air common carrier, or a private commercial interstate carrier for the delivery of packages and other objects; ``(2) the term `public accommodation facility' means any inn, hotel, motel or other establishment which provides lodging to transient guests; ``(3) the term `physical storage facility' means any business or entity which provides space for the storage of goods or materials, or services related to the storage of goods or materials to the public or any segment thereof; and ``(4) the term `vehicle rental facility' means any person or entity which provides vehicles for rent, lease, loan or other similar use, to the public or any segment thereof.''. SEC. 4. INTEGRITY OF WIRE INTERCEPTION PROCESS. Section 2515 of title 18, United States Code, is amended by adding at the end the following: ``This section shall not apply to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, unless the violation of this chapter was with respect to an interception under section 2518(7) or involved bad faith by law enforcement.''. SEC. 5. AUTHORITY FOR WIRETAPS. Section 2516(1) of title 18, United States Code, is amended-- (1) by inserting ``section 842 (relating to explosives violations)'' after ``section 224 (bribery in sporting contests)''; (2) by striking ``and'' at the end of paragraph (n); (3) by striking the period at the end of paragraph (o) and inserting ``; and''; and (4) by adding at the end the following: ``(p) any other felony under the laws of the United States if the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division (or an official acting in any such capacity) certifies to the court under seal that there is reason to believe the felony involves or may involve domestic terrorism or international terrorism (as those terms are defined in 18 U.S.C. 2331).''. SEC. 6. TEMPORARY EMERGENCY WIRETAP AUTHORITY INVOLVING TERRORISTIC CRIMES. (a) Emergency Authority.--Section 2518(7)(a)(iii) of title 18, United States Code, is amended by inserting ``or domestic terrorism or international terrorism (as those terms are defined in section 2331 of this title)'' after ``organized crime''. (b) Definition of Domestic Terrorism.--Section 2331 of title 18, United States Code, is amended by inserting the following after paragraph (4): ``(5) the term `domestic terrorism' means any activities that involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State and which appear to be intended to intimidate or coerce a civilian population or to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by assassination or kidnapping.'' SEC. 7. EXPANDED AUTHORITY FOR MULTI-POINT WIRETAPS. Section 2518(11) of title 18, United States Code, is amended to read as follows: ``(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of facilities from which or the place where the communication is to be intercepted do not apply if in the case of an application with respect to the interception of wire, oral or electronic communications-- ``(a) the application is by a Federal investigative or law enforcement officer, and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General (or an official acting in any such capacity); ``(b) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and ``(c) the judge finds that such specification is not practical.''. SEC. 8. PERMISSION TO REQUEST MILITARY ASSISTANCE AND NEW OFFENSE WITH RESPECT TO OFFENSES INVOLVING CHEMICAL AND BIOLOGICAL WEAPONS. (a) Biological Weapons.--Section 175 of title 18, United States Code, is amended by adding at the end the following: ``(c)(1) Military Assistance.--Notwithstanding any other provision of law, the Attorney General may request that the Secretary of Defense provide technical assistance in support of Department of Justice activities relating to the enforcement of this section in situations involving biological weapon emergencies. Department of Defense resources, including civilian personnel and members of the uniformed services, may be used to provide such technical assistance if-- ``(A) the Secretary of Defense and the Attorney General determine that an emergency situation involving biological weapons of mass destruction exists; and ``(B) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States. ``(2) As used in this subsection, `emergency situation' means a circumstance-- ``(A) that poses a serious threat to the interests of the United States; and ``(B) in which-- ``(i) enforcement of the law would be seriously impaired if the assistance were not provided; ``(ii) military technical assistance and expertise is needed to counter the threat posed by the biological agent involved; and ``(iii) civilian law enforcement expertise is not available to provide the required technical assistance. ``(3) As used in this subsection, `technical assistance' means the provision of equipment and technical expertise to law enforcement officials in the investigation of violations of this section, such as technical assistance in conducting searches that seek evidence or instrumentalities of violations of this section, technical assistance in taking and collecting evidence related to violations of this section, and technical assistance in disarming and disabling individuals in possession of contraband under this section. It does not include authority to apprehend or arrest. ``(4) The Secretary of Defense may require reimbursement as a condition of assistance under this section. ``(5) The Attorney General may delegate the Attorney General's function under this subsection only to a Deputy, Associate, or Assistant Attorney General.''. (b) Use of Chemical Weapons.--Title 18, United States Code, is amended by inserting after section 2332d the following: ``Sec. 2332e. Use of chemical weapons ``(a) Offense.--A person who without lawful authority uses, or attempts or conspires to use, a chemical weapon-- ``(1) against a national of the United States while such national is outside of the United States; ``(2) against any person within the United States; or ``(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States, shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life. ``(b) Definition.--For purposes of this section-- ``(1) the term `national of the United States' has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and ``(2) the term `chemical weapon' means any weapon that is designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. ``(c)(1) Military Assistance.--Notwithstanding any other provision of law, the Attorney General may request that the Secretary of Defense provide technical assistance in support of Department of Justice activities relating to the enforcement of this section in situations involving chemical weapon emergencies. Department of Defense resources, including civilian personnel and members of the uniformed services, may be used to provide such technical assistance if-- ``(A) the Secretary of Defense and the Attorney General determine that an emergency situation involving chemical weapons of mass destruction exists; and ``(B) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States. ``(2) As used in this section, `emergency situation' means a circumstance-- ``(A) that poses a serious threat to the interests of the United States; and ``(B) in which-- ``(i) enforcement of the law would be seriously impaired if the assistance were not provided; ``(ii) military technical assistance and expertise is needed to counter the threat posed by the chemical agent involved; and ``(iii) civilian law enforcement expertise is not available to provide the required technical assistance. ``(3) As used in this section, `technical assistance' means the provision of equipment and technical expertise to law enforcement officials in the investigation of violations of this section, such as technical assistance in conducting searches that seek evidence or instrumentalities of violations of this section, technical assistance in taking and collecting evidence related to violations of this section, and technical assistance in disarming and disabling individuals in possession of contraband under this section. It does not include authority to apprehend or arrest. ``(4) The Secretary of Defense may require reimbursement as a condition of assistance under this section. ``(5) The Attorney General may delegate the Attorney General's function under this subsection only to a Deputy, Associate, or Assistant Attorney General.''. (c) Clerical Amendment.--The table of chapters at the beginning of chapter 113B of title 18, United States Code, is amended by adding after the item relating to section 2332d the following: ``Sec. 2332e. Use of chemical weapons.''. (d) Clarification of Lawful Authority Defense.--Section 2332a(a) of title 18, United States Code, is amended by striking ``A person who'' and inserting ``Whoever, without lawful authority,''.

Effective Antiterrorism Tools for Law Enforcement Act of 1996 - Amends the Federal criminal code to apply provisions regarding pen registers and trap and trace devices to foreign counterintelligence and international terrorism investigations conducted by the Federal Bureau of Investigation (FBI). Requires any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to comply with a request for records in its possession by the FBI under specified circumstances. Provides that provisions prohibiting the use as evidence of intercepted wire or oral communications in violation of the Federal criminal code shall not apply to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, unless the violation involved an interception under provisions covering specified emergency situations or bad faith by law enforcement. Grants: (1) wiretap authority in cases of terrorism-related or explosives felonies; and (2) temporary emergency wiretap authority involving terrorism crimes. Expands authority for multi-point wiretaps. Authorizes the Attorney General to request, and the Secretary of Defense to provide (if specified conditions are met), technical assistance in support of Department of Justice activities in situations involving biological or chemical weapon emergencies. Sets penalties for the use without lawful authority of, or attempts or conspiracy to use, chemical weapons. Modifies Federal prohibitions against the use of weapons of mass destruction to prohibit and penalize only such use without lawful authority.

Effective Antiterrorism Tools for Law Enforcement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Clinical Trial Design Act of 2017''. SEC. 2. PATIENT ACCESS TO EXPERIMENTAL TREATMENTS. (a) Public Meeting.-- (1) In general.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Commissioner of Food and Drugs, in coordination with the Director of the National Institutes of Health, and in consultation with patients, health care providers, drug sponsors, bioethicists, and other stakeholders, shall, not later than 180 days after the date of enactment of this Act, convene a public meeting to discuss clinical trial inclusion and exclusion criteria to inform the guidance under subsection (c). The Secretary shall inform the Comptroller General of the United States of the date when the public meeting will take place. (2) Topics.--The Secretary shall provide a publicly available report on the topics discussed at the meeting described in paragraph (1) within 30 days of such meeting. Such topics shall include discussion of-- (A) the rationale for, and potential barriers for patients created by, clinical trial inclusion and exclusion criteria; (B) how patient populations most likely to be affected by a drug can benefit from the results of trials that employ alternative designs, as well as potential risks associated with alternative clinical trial designs; (C) barriers to participation in clinical trials, including-- (i) information regarding any potential risks and benefits of participation; (ii) regulatory, geographical, and socioeconomic barriers; and (iii) the impact of exclusion criteria on the enrollment in clinical trials of infants and children, pregnant and lactating women, seniors, individuals with advanced disease, and individuals with co-morbid conditions; (D) clinical trial designs and methods that increase enrollment of more diverse patient populations while facilitating the collection of data to support substantial evidence of safety and effectiveness; and (E) how changes to clinical trial inclusion and exclusion criteria may impact the complexity of the clinical trial design and length of clinical trials, and potential approaches to mitigating those impacts to ensure that the ability to demonstrate safety and effectiveness is not hindered through potential changes in eligibility criteria. (b) Report.--Not later than 1 year after the Secretary issues a report on the topics discussed at the public meeting under subsection (a)(2), the Comptroller General of the United States shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on individual access to investigational drugs through the expanded access program under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)). The report shall include-- (1) a description of actions taken by manufacturers under section 561A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-0); (2) consideration of whether Form FDA 3926 and the guidance document entitled ``Expanded Access to Investigational Drugs for Treatment Use--Questions and Answers'', issued by the Food and Drug Administration in June 2016, has reduced application burden with respect to individuals and physicians seeking access to investigational new drugs pursuant to section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and improved clarity for patients, physicians, and drug manufacturers about such process; (3) consideration of whether the guidance or regulations released or updated under section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) have improved access for individual patients who do not qualify for clinical trials of such investigational drugs, and what barriers to such access remain; (4) an assessment of how patients and health care providers navigate different avenues to engage with the Food and Drug Administration or drug sponsors on expanded access; and (5) an analysis of the Secretary's report under subsection (a)(2). (c) Guidance.-- (1) In general.--Not later than 180 days after the publication of the report under subsection (a) the Secretary, acting through the Commissioner of Food and Drugs, shall issue one or more draft guidances regarding eligibility criteria for clinical trials. Not later than 18 months after the public comment period on each such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance. (2) Contents.--The guidance documents described in paragraph (1) shall address methodological approaches that a manufacturer or sponsor of an investigation of a new drug may take to-- (A) broaden eligibility criteria for clinical trials, especially with respect to drugs for the treatment of serious and life-threatening conditions or diseases for which there is an unmet medical need; and (B) develop eligibility criteria for, and increase trial recruitment to, clinical trials so that enrollment in such trials more accurately reflects the patients most likely to receive the drug, as applicable and as appropriate, while supporting findings of substantial evidence of safety and effectiveness. SEC. 3. IMPROVING INSTITUTIONAL REVIEW BOARD REVIEW OF SINGLE PATIENT EXPANDED ACCESS PROTOCOL. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall issue guidance or regulations, or revise existing guidance or regulations, to streamline the institutional review board review for individual pediatric and adult patient expanded access protocol under 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)). Such guidance or regulation may include a description of the conditions under which an institutional review board chair (or designee) may review individual patient expanded access protocol submitted under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) for a drug and how centralized institutional review boards may facilitate the use of expanded access protocols. The Secretary shall update any relevant forms associated with individual patient expanded access protocol as necessary. SEC. 4. EXPANDED ACCESS POLICY TRANSPARENCY. Section 561A(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-0(f)) is amended-- (1) in the matter preceding paragraph (1), by striking ``later'' and inserting ``earlier''; (2) by striking paragraph (1); (3) by redesignating paragraph (2) as paragraph (1); (4) in paragraph (1) as so redesignated, by striking the period at the end and inserting ``; or''; and (5) by adding at the end the following: ``(2) as applicable, 15 days after the drug receives a designation as a breakthrough therapy, fast track product, or regenerative advanced therapy under subsection (a), (b), or (g), respectively, of section 506.''.

Enhanced Clinical Trial Design Act of 2017 This bill requires the Food and Drug Administration (FDA), in coordination with the National Institutes of Health, to convene a meeting to discuss clinical trial inclusion and exclusion criteria. The FDA must report on the meeting and issue guidance regarding eligibility criteria for clinical trials. The Government Accountability Office must report on individual access to investigational drugs for serious conditions through the FDA's expanded access program (i.e., compassionate use). The FDA must streamline review by institutional review boards of expanded access protocols for individual patients. The bill amends the Federal Food, Drug, and Cosmetic Act to require the manufacturer or distributor of an investigational drug for a serious condition that is designated a breakthrough therapy, fast track product, or regenerative advanced therapy to publish its expanded access policy not later than 15 days after the designation.

Enhanced Clinical Trial Design Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Reinvestment Account Act of 2010''. SEC. 2. MANUFACTURING REINVESTMENT ACCOUNTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 199 the following new section: ``SEC. 199A. MANUFACTURING REINVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of a taxpayer engaged in a manufacturing business, there shall be allowed as a deduction for the taxable year the amount paid in cash by the taxpayer during the taxable year to a manufacturing reinvestment account (hereinafter referred to as an `MRA') for the taxpayer's benefit. ``(b) Limitation.-- ``(1) In general.--The amount which a taxpayer may pay into an MRA for the taxable year shall not exceed the lesser of-- ``(A) the domestic manufacturing gross receipts of the taxpayer for the taxable year, or ``(B) $250,000. ``(2) Controlled groups.-- ``(A) In general.--For purposes of this subsection, 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 a single manufacturer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(c) MRA.--For purposes of this section, the term `MRA' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted for any taxable year unless it is in cash. ``(2) Contributions will not be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(3) The trustee is an eligible institution. ``(4) No part of the trust assets will be invested in life insurance contracts. ``(5) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(6) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(d) Tax Treatment of Accounts.-- ``(1) In general.--An MRA is exempt from taxation under this subtitle unless the account has ceased to be an MRA. Notwithstanding the preceding sentence, an MRA is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to MRAs, and any amount treated as distributed under such rules shall be treated as not used to pay qualified reinvestment expenses. ``(e) Treatment of Distributions.-- ``(1) In general.--Except as provided in paragraphs (3) and (4), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from an MRA of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (g)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (g)(2) (relating to cessation in manufacturing business), and ``(iii) subparagraph (A) or (B) of subsection (g)(3) (relating to prohibited transactions and pledging account as security). ``(2) Additional tax.-- ``(A) In general.--The tax imposed by this chapter on the taxpayer for any taxable year in which there is a distribution from an MRA shall be increased by 10 percent of the amount of such distribution which is includible in gross income. ``(B) Exception.--Subparagraph (A) shall not apply to distributions during the taxable year to the extent necessary, under regulations prescribed by the Secretary, to avoid bankruptcy. ``(3) Reduced inclusion for amounts reinvested.--Only 43 percent of the aggregate amount distributed from an MRA during the taxable year shall be includible in income under paragraph (1)(A) to the extent that such aggregate amount does not exceed the aggregate amount of qualified reinvestment expenses paid or incurred by the taxpayer during such year. ``(4) Distribution of excess contributions.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to an MRA to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. ``(f) Definitions.--For purposes of this section-- ``(1) Manufacturing business.--The term `manufacturing business' means any trade or business having domestic manufacturing gross receipts. ``(2) Domestic manufacturing gross receipts.--The term `domestic manufacturing gross receipts' means gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of tangible personal property which was manufactured by the taxpayer in whole or in significant part within the United States. Rules similar to the rules of section 199 shall apply in determining the gross receipts of the taxpayer for purposes of the preceding sentence. ``(3) Qualified reinvestment expenses.--The term `qualified reinvestment expenses' means-- ``(A) expenses for property to be used by the taxpayer in a manufacturing business, and ``(B) expenses for job training and workforce development for employees of the taxpayer. ``(4) Eligible institution.-- ``(A) In general.--The term `eligible institution' means-- ``(i) any insured depository institution, which-- ``(I) is not controlled by a bank holding company or savings and loan holding company that is also an eligible institution, ``(II) has total assets of equal to or less than $25,000,000,000, as reported in the call report as of the end of the fourth quarter of calendar year 2009, and ``(III) is not directly or indirectly controlled by any company or other entity that has total consolidated assets of more than $25,000,000,000, as so reported; ``(ii) any bank holding company which has total consolidated assets of equal to or less than $25,000,000,000; ``(iii) any savings and loan holding company which has total consolidated assets of equal to or less than $25,000,000,000; ``(iv) any community development financial institution loan fund which has total assets of equal to or less than $25,000,000,000; and ``(v) any small business lending company that has total assets of equal to or less than $25,000,000,000. ``(B) Insured depository institution.--The term `insured depository institution' has the meaning given such term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)). ``(C) Bank holding company.--The term `bank holding company' has the meaning given such term under section 2(a)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(2)(a)(1)). ``(D) Call report.--The term `call report' means-- ``(i) reports of Condition and Income submitted to the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation; ``(ii) the Office of Thrift Supervision Thrift Financial Report; ``(iii) any report that is designated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision, as applicable, as a successor to any report referred to in clause (i) or (ii); ``(iv) standard reports of Condition and Income submitted by Community Development Financial Institution loan funds to the Community Development Financial Institutions Fund; and ``(v) with respect to an eligible institution for which no report exists that is described under clause (i), (ii), or (iii), such other report or set of information as the Secretary, in consultation with the Administrator of the Small Business Administration, may prescribe. ``(g) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any MRA-- ``(i) there shall be deemed distributed from the MRA during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the MRA on the last day of the taxable year which is attributable to amounts deposited in such account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from an MRA shall be treated as made from deposits (and income thereon) in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation of manufacturing business.--If the taxpayer ceases to be engaged in a manufacturing business, there shall be deemed distributed from the MRA of the taxpayer at the close of the first taxable year beginning after such cessation an amount equal to the balance in the MRA (if any) at such close. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 408(e)(2) (relating to loss of exemption of account where taxpayer engages in prohibited transaction). ``(B) Section 408(e)(4) (relating to effect of pledging account as security). ``(C) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to an MRA on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(h) Reports.--The trustee of an MRA shall make such reports regarding such account to the Secretary and to the person for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations. ``(i) Termination.--No deduction shall be allowed under this section for any taxable year beginning more than 7 years after the date of the enactment of this section.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax- favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by adding ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) an MRA (within the meaning of section 199A(c)),''. (2) Excess contribution defined.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to MRAs.--For purposes of this section, in the case of MRAs (within the meaning of section 199A(c)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the MRAs of the taxpayer exceeds the amount which may be contributed to such MRAs under section 199A(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of an MRA in a distribution to which section 199A(e)(3) applies shall be treated as an amount not contributed.''. (c) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following: ``(F) an MRA described in section 199A(c), or''. (2) Special rule.--Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(7) Special rule for mras.--A person for whose benefit an MRA (within the meaning of section 199A(c)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an MRA by reason of the application of section 199A(g)(3)(A) to such account.''. (d) Failure To Provide Reports on MRAs.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (A) through (E) as subparagraphs (B) and (F), respectively, and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) section 199A(h) (relating to MRAs),''. (e) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 199 the following new item: ``Sec. 199A. Manufacturing reinvestment accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Manufacturing Reinvestment Account Act of 2010 - Amends the Internal Revenue Code to establish tax-exempt manufacturing reinvestment accounts (MRAs) for taxpayers engaged in a manufacturing business. Allows such manufacturers to make tax deductible cash payments into an MRA of the lesser of their domestic manufacturing gross receipts for the taxable year or $250,000. Permits expenditures from an MRA for expenses for property to be used in the manufacturing business and expenses for employee job training and workforce development. Terminates the tax deduction for payments to an MRA seven years after the enactment of this Act.

To amend the Internal Revenue Code of 1986 to allow manufacturing businesses to establish tax-free manufacturing reinvestment accounts to assist them in providing for new equipment and facilities and workforce training.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving the Lives of Children with Spina Bifida Act of 2013''. SEC. 2. PILOT PROGRAM ON FURNISHING CASE MANAGEMENT SERVICES TO CHILDREN OF VIETNAM VETERANS AND CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA AND CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS. (a) Pilot Program.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing to covered individuals case management services under a national contract with a third party entity. (b) Covered Individuals.--For purposes of this section, a covered individual is any individual who-- (1) is entitled to health care or other benefits under chapter 18 of title 38, United States Code; and (2) lives in a rural area and does not have access to case management services at the Department of Veterans Affairs or otherwise. (c) Duration.-- (1) In general.--Except as otherwise provided in this subsection, the pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (2) Continuation.--Subject to paragraph (3), the Secretary may continue the pilot program for an additional two-year period as the Secretary considers appropriate. (3) Termination.--The pilot program may not operate after the date that is five years after the date of the commencement of the pilot program. (d) Locations.--The Secretary shall select locations in which to carry out the pilot program from among locations that the Secretary considers rural and where individuals who reside in such locations lack access to comprehensive case management services through the Department or otherwise. (e) Scope of Services.--Under the pilot program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following: (1) Coordination and management of needed health care, monetary, and general care services authorized under chapter 18 of title 38, United States Code. (2) Transportation services. (3) Such other services as the Secretary considers appropriate for the care of covered individuals under the pilot program. (f) Program Requirements.--In carrying out the pilot program, the Secretary shall-- (1) inform all covered individuals of the services available under the pilot program; (2) enter into contracts with appropriate third party entities for the provision of case management services under the pilot program; and (3) determine the appropriate number of covered individuals to be enrolled in the pilot program and criteria for such enrollment. (g) Reports.-- (1) Preliminary reports.-- (A) In general.--Not later than one year after the date of the commencement of the pilot program and, if the pilot program is continued under subsection (c)(2), not later than three years after the date of the commencement of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--Each report submitted under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of covered individuals receiving benefits under the pilot program. (iii) An analysis of the costs and benefits under the pilot program. (iv) An assessment of the utilization of case management under the pilot program. (v) The findings and conclusions of the Secretary with respect to the pilot program. (vi) Such recommendations for the continuation or expansion of the pilot program as the Secretary may have. (2) Final report.-- (A) In general.--Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--The report submitted subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary may have. (h) Funding.--Amounts to carry out the pilot program shall be derived from amounts appropriated or otherwise made available before the date of the enactment of this Act for the furnishing of care and case management under chapter 18 of title 38, United States Code. SEC. 3. PILOT PROGRAM ON FURNISHING ASSISTED LIVING TO CHILDREN OF VIETNAM VETERANS AND CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA AND CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS. (a) Pilot Program.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing assisted living, group home care, or similar services in lieu of nursing home care to covered individuals. (b) Covered Individuals.--For purposes of this section, a covered individual is any individual who is entitled to health care or other benefits under chapter 18 of title 38, United States Code. (c) Duration.-- (1) In general.--Except as otherwise provided in this subsection, the pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (2) Continuation.--Subject to paragraph (3), the Secretary may continue the pilot program for an additional two-year period as the Secretary considers appropriate. (3) Termination.--The pilot program may not operate after the date that is five years after the date of the commencement of the pilot program. (d) Scope of Services and Pilot Program.--Under the pilot program, the Secretary shall provide covered individuals with integrated, comprehensive services, including the following: (1) Assisted living, group home care, or such other similar services as the Secretary considers appropriate. (2) Transportation services. (3) Such other services as the Secretary considers appropriate for the care of covered individuals under the pilot program. (e) Program Requirements.--In carrying out the pilot program, the Secretary shall-- (1) inform all covered individuals of the services available under the pilot program; (2) consider entering into an agreement with appropriate providers of assisted living, group home care, or other similar services for provision of services under the pilot program; and (3) determine the appropriate number of covered individuals to be enrolled in the pilot program and criteria for such enrollment. (f) Reports.-- (1) Preliminary reports.-- (A) In general.--Not later than one year after the date of the commencement of the pilot program and, if the pilot program is continued under subsection (c)(2), not later than three years after the date of the commencement of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--Each report submitted under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of covered individuals receiving benefits under the pilot program. (iii) An analysis that compares the costs of furnishing assisted living, group home care, or similar service with the costs of furnishing nursing home care. (iv) An analysis of the costs and benefits under the pilot program. (v) The findings and conclusions of the Secretary with respect to the pilot program. (vi) Such recommendations for the continuation or expansion of the pilot program as the Secretary may have. (2) Final report.-- (A) In general.--Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--The report submitted subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary may have. (g) Funding.--Amounts to carry out the pilot program shall be derived from amounts appropriated or otherwise made available before the date of the enactment of this Act for the furnishing of nursing home care under chapter 18 of title 38, United States Code.

Improving the Lives of Children with Spina Bifida Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a three-year pilot program to assess the feasibility and advisability of providing contracted case management services (services) to individuals entitled to VA benefits as children of Vietnam and Korean War veterans born with spina bifida, and children of women Vietnam veterans born with certain birth defects who live in a rural area and have no access to such services through the VA or otherwise. Authorizes the Secretary to extend the program for an additional two years. Allows the services to include the coordination and management of needed health care, monetary, general care, and transportation services. Requires the Secretary to: (1) notify eligible individuals, and (2) contract with an appropriate entity for the provision of such services. Directs the Secretary to carry out an additional pilot program (for the same period and with the same authorized extension) to assess the feasibility and advisability of providing assisted living, group home care or similar services, and transportation to the individuals described above. Requires the Secretary to: (1) notify eligible individuals, and (2) consider entering into an agreement with the appropriate service providers. Requires preliminary and final reports with respect to, and provides funding for, each pilot program.

Improving the Lives of Children with Spina Bifida Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Community Arsenic Relief Act''. SEC. 2. EXEMPTION FOR NONPROFIT SMALL PUBLIC WATER SYSTEMS FROM STANDARDS RELATING TO NATURALLY OCCURRING CONTAMINANTS. The Safe Drinking Water Act is amended by inserting after section 1416 (42 U.S.C. 300g-5) the following: ``SEC. 1416A. EXEMPTION FOR NONPROFIT SMALL PUBLIC WATER SYSTEMS FROM STANDARDS RELATING TO NATURALLY OCCURRING CONTAMINANTS. ``(a) Definitions.--In this section: ``(1) Low-income family.--The term `low-income family' means a family the total annual income of which does not exceed the poverty line. ``(2) Naturally occurring contaminant.--The term `naturally occurring contaminant' includes-- ``(A) arsenic; ``(B) radon; ``(C) radium; and ``(D) uranium. ``(3) Nonprofit small public water system.--The term `nonprofit small public water system' means a nonprofit public water system (including a local government) that serves 10,000 or fewer individuals. ``(4) Poverty line.--The term `poverty line' has the meaning given the term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902). ``(b) Exemption.--A State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator, with respect to any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (c) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant. ``(c) Application.--To be eligible for an exemption from a national primary drinking water regulation under this section, a nonprofit small public water system shall submit a written application to the State exercising primary enforcement responsibility with respect to the system (or the Administrator, with respect to any nonprimacy State) demonstrating that compliance by the nonprofit small public water system with the national drinking water regulation-- ``(1) is not economically feasible; ``(2) has a disproportionate and adverse impact on low- income families; ``(3) is substantially impeded by limited access of the nonprofit small public water system to innovative and affordable technology; or ``(4) is not necessary, based on the fact that drinking water provided by the nonprofit small public water system does not pose an unreasonable health risk. ``(d) Alternative Requirement.--A nonprofit small public water system that receives an exemption for arsenic under this section shall comply with a standard of arsenic in drinking water provided by the nonprofit small public water system of-- ``(1) not later than January 1, 2006, not more than 50 parts per billion; ``(2) not later than January 1, 2009, not more than 35 parts per billion; ``(3) not later than January 1, 2011, not more than 30 parts per billion; ``(4) not later than January 1, 2013, not more than 20 parts per billion; and ``(5) not later than January 1, 2015, not more than 10 parts per billion.''. SEC. 3. UNIVERSITY-BASED ARSENIC RESEARCH CONSORTIUM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Consortium.--The term ``Consortium'' means the university-based arsenic research consortium established under subsection (b)(1). (b) Consortium.-- (1) Establishment.--The Administrator shall establish a university-based arsenic research consortium. (2) Membership.--The Consortium shall be comprised of the following members: (A) The University of Nebraska at Lincoln. (B) The University of Nebraska Medical Center. (C) The University of New Mexico. (D) The University of Texas. (E) Johns Hopkins University School of Public Health. (F) Georgetown University Medical School. (c) Duties of the Consortium.--The Consortium shall-- (1) conduct reviews and analyses, and carry out health effects studies, using United States morbidity data relating to low levels of arsenic commonly found in States; (2) assess studies on arsenic in drinking water, as adjusted by the Administrator, carried out in-- (A) Millard County, Utah; (B) Inner Mongolia, China; and (C) southwest Taiwan; (3) develop recommendations on which levels of arsenic in drinking water constitute unreasonable risks to public health, and which levels should be considered to be protective of public health, under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (4) conduct reviews and analyses of, and carry out health effects studies on, all forms of cancer, cardiovascular disease, diabetes, and vascular toxicity. (d) Grant Program.-- (1) In general.--The Administrator may provide grants to the Consortium for use in carrying out the duties of the Consortium under subsection (c). (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $4,000,000 for fiscal year 2005. (e) Report of Administrator.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report that describes the findings and recommendations of the Consortium for the year covered by the report.

Rural Community Arsenic Relief Act - Amends the Safe Drinking Water Act to require States exercising primary enforcement responsibility for public water systems to exempt any nonprofit small public water system (serving 10,000 or fewer persons) that so requests in accordance with this Act from the requirements of any national primary drinking water regulation for naturally occurring contaminants, including arsenic, radon, radium, and uranium. Requires exemption requests to demonstrate that the system's compliance with applicable national primary drinking water regulations: (1) is not economically feasible; (2) has a disproportionate and adverse impact on low-income families; (3) is substantially impeded by limited access to innovative and affordable technology; or (4) is not necessary because the drinking water provided by the system does not pose an unreasonable health risk. Sets forth alternative arsenic standards for those systems receiving arsenic exemptions. Requires the Administrator of the Environmental Protection Agency to establish a university-based arsenic research consortium comprised of specified institutions of higher education. Authorizes the Administrator to provide grants to the consortium to carry out its duties.

A bill to amend the Safe Drinking Water Act to exempt nonprofit small public water systems from certain drinking water standards relating to naturally occurring contaminants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Energy Security Act of 2006''. SEC. 2. FINDINGS. (a) Findings.--Congress finds that-- (1) the United States is the largest oil importer in the world; (2) the Federal Government predicts that, by 2025, 68 percent of the oil used in the United States will be imported; (3) \2/3\ of the oil reserves of the world are located in the politically unstable Middle East and are controlled by members of the Organization of Petroleum Exporting Countries; (4) global fuel consumption is projected to increase by 100 percent to 150 percent during the next 20 years, driven largely by the Chinese and Indian economies; (5) that increased demand for fuel-- (A) will place the United States in ever-greater competition for oil and gas resources; and (B) may result in an extension of Chinese involvement in developing Cuban oil and gas reserves to within a few miles of the coastline of the United States; (6) the United States adheres to the principle that, in a case in which the exclusive economic zone of the United States is contiguous to the exclusive economic zone of another country, a point equidistant to the maritime baselines of the 2 countries demarcates the exclusive economic zone of each; (7) an example of the application of the principle described in paragraph (6) is that the exclusive economic zone of Cuba extends to within-- (A) 52 miles of the Florida Keys at-- (i) south of 24 degrees north latitude; and (ii) east of -81 degrees west longitude; and (B) 85.4 miles of the Florida peninsula at-- (i) south of 24 degrees north latitude; and (ii) east of -81 degrees west longitude; (8) Cubapetroleo, the state oil company of Cuba, recently-- (A) signed an oil production sharing agreement with the China Petroleum and Chemical Corporation; and (B) purchased 3 deep-water drilling rigs from that Chinese state enterprise for use in the exclusive economic zone of Cuba; (9) the exclusive economic zone of Cuba in the Gulf of Mexico is a 112,000-square-kilometer area that has been divided into 59 exploration blocks, each of which is approximately 2,000 square kilometers and an average depth of 2,000 meters (except that some of those blocks have a depth of as great as 4,000 meters); (10) the northernmost of the exploration blocks described in paragraph (9) are located off the southwest coast of the State of Florida; (11) a United States Geological Survey report entitled ``Assessment of Undiscovered Oil and Gas Resources of the North Cuba Basin 2004'' estimated that between 1,000,000,000 and 9,300,000,000 barrels of undiscovered oil and between 1,900,000,000,000 and 22,000,000,000,000 cubic feet of undiscovered natural gas along the northern coast of Cuba; (12) the national security strategy of the President recognizes the increasing resource needs of China by stating that China is ``expanding trade, but acting as if they can somehow lock up energy supplies around the world or seek to direct markets rather than opening them up.''; (13) the United States embargo on Cuba prohibits United States persons from engaging in the exploration or extraction of hydrocarbon resources from the exclusive economic zone of Cuba; (14) United States oil and gas industries are the world's leaders in the efficient and environmentally-safe extraction of oil and gas resources from marine deposits; and (15) it is in the energy, national security, and environmental interests of the United States that the oil and gas companies of the United States be permitted to operate in the foreign exclusive economic zones that is contiguous to the exclusive economic zone of the United States. (b) Purpose.--The purpose of this Act is to permit United States persons to participate in the exploration for and the extraction of hydrocarbon resources from any portion of a foreign maritime exclusive economic zone that is contiguous to the exclusive economic zone of the United States. SEC. 3. DEFINITION OF UNITED STATES PERSON. In this Act, the term ``United States person'' means-- (1) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (2) any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. SEC. 4. AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON RESOURCES BY UNITED STATES PERSONS. Notwithstanding any other provision of law (including a regulation), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). SEC. 5. TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON EXPLORATION AND EXTRACTION ACTIVITIES. Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.-- ``(1) In general.--The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. ``(2) Persons authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.''.

Western Hemisphere Energy Security Act of 2006 - Authorizes U.S. persons to: (1) explore and extract hydrocarbon resources from any portion of the foreign exclusive economic zone that is contiguous to the U.S. exclusive economic zone; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to authorize the Secretary of the Treasury to allow under a general license employees of oil and gas producers, distributors, and shippers to travel to, from, or within Cuba to explore for and extract hydrocarbon resources from such zone.

A bill to permit United States persons to participate in the exploration for and the extraction of hydrocarbon resources from any portion of a foreign maritime exclusive economic zone that is contiguous to the exclusive economic zone of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Programs Payment Limitation Integrity Act''. SEC. 2. ISSUANCE OF REGULATIONS TO ESTABLISH MEASURABLE STANDARDS TO PREVENT USE OF SEPARATE ENTITIES TO EXCEED PAYMENT LIMITATIONS APPLICABLE TO COMMODITY PAYMENTS AND TO LIMIT PAYMENTS TO ACTIVE FARMERS. (a) Standards Regarding Active Personal Management and Evasion Schemes and Devices.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') shall promulgate regulations to establish measurable standards of-- (1) what constitutes a significant contribution of active personal management with respect to a farm operation for purposes of applying the payment limitations specified in section 1001 of the Food Security of 1985 (7 U.S.C. 1308); and (2) what constitutes a scheme or device to effectively evade such payment limits or to evade section 1001A or 1001C of such Act (7 U.S.C. 1308-1, 1308-3). (b) Enforcement of Multiple Entity Limitations.--The Secretary shall promulgate regulations to ensure that total payments and gains described in section 1001 of the Food Security of 1985 made to or through joint operations or multiple entities under the primary control of a person, in combination with the payments and gains received directly by the person, do not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d) of such section. (c) Attribution of Payments and Gains Derived From Certain Farming Operations.--In the case of a person that in the aggregate owns, conducts farming operations, or provides custom farming services on land with respect to which the aggregate commodity payments exceed the applicable dollar amounts specified in subsections (b), (c), and (d) of section 1001 of the Food Security of 1985, the Secretary shall promulgate regulations to ensure that all payments and gains made on crops produced on the land are attributed as follows: (1) To a person that rents land as lessee or lessor through a crop share lease and receives a share of the payments that is less than the usual and customary share of the crop received by the lessee or lessor, as determined by the Secretary. (2) To a person that provides custom farming services through arrangements under which-- (A) all or part of the compensation for the services is at risk; (B) farm management services are provided by-- (i) the same person; (ii) an immediate family member; or (iii) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or (C) more than 2/3 of the farming operations are conducted as custom farming services provided by-- (i) the same person; (ii) an immediate family member; or (iii) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary. (3) To a person under such other arrangements as the Secretary determines are established to transfer payments from persons that would otherwise exceed the applicable dollar amounts specified in subsections (b), (c), and (d) of such section. (4) To the direct recipient of the commodity payments as well as to the person to whom the payments are attributed under paragraph (1), (2), or (3). (d) Primary Control.--In the regulations required by this section, the Secretary shall define ``primary control'' to include a joint operation or multiple entity in which a person owns an interest that is equal to or greater than the interest of any other one or more persons that materially participate on a regular, substantial, and continuous basis in the management of the operation or entity. (e) Material Participation.--In the regulations required by this section, the Secretary shall ensure that the standards for active personal management require no less involvement than the standard for materially participating on a regular, substantial, and continuous basis in the management of the operation or entity as defined by Treasury regulation section 1.469-5T(a)(1), as in effect on the date of the enactment of this Act. (f) Time for Issuance; Procedure.--The regulations required by this section shall be issued in final form not later than 270 days after the date of the enactment of this Act. To ensure compliance with this deadline, the Secretary shall issue the regulations without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act). (g) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 3. PREVENTION OF SCHEMES OR DEVICES TO EVADE PAYMENT LIMITATIONS. Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2) is amended-- (1) by striking ``If'' and inserting ``(a) Basic Penalty for Evasion of Payment Limitations.--Subject to subsection (b), if''; and (2) by adding at the end the following new subsection: ``(b) Effect of Fraud.--If the Secretary determines that a person has committed fraud in connection with the adoption of a scheme or device to evade, or that has the purpose of evading, section 1001, 1001A, or 1001C, the person shall be ineligible to receive farm program payments (as described in subsections (b), (c), and (d) of section 1001 as being subject to limitation) applicable to the crop year for which the scheme or device was adopted and the succeeding five crop years.''.

Farm Programs Payment Limitation Integrity Act - Directs the Secretary of Agriculture to promulgate regulations to establish measurable standards to prevent the use of separate entities to exceed commodity payment limitations and to provide payments only to active farmers. Amends the Food Security Act of 1985 to provide that if the Secretary determines that a person has committed fraud in connection with the adoption of a scheme or device to evade payment limitations such person shall be ineligible for farm program payments in the crop year for which the scheme or device was adopted and the succeeding five crop years.

To require the prompt issuance by the Secretary of Agriculture of regulations to restore integrity to the payment limitation requirements applicable to commodity payments and benefits, to reduce waste, fraud, and abuse related to the receipt of commodity payments and benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Used Fuel Prize Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Administering entity.--The term ``administering entity'' means the entity with which the Secretary enters into an agreement under section 4(c). (2) Department.--The term ``Department'' means the Department of Energy. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. FINDINGS. The Congress finds the following: (1) The rising cost of energy has become a hindrance to American economic progress. (2) High and rising energy costs have become a burden upon the American family. (3) Nuclear energy can be a safe, efficient, clean, and affordable source of renewable energy and should be considered as part of the solution for long-term American energy independence. (4) Used nuclear fuel is and has been safely stored on nuclear energy electricity producing reactor sites for many years. (5) Those sites were originally not designed or built for such storage. (6) By 2015 it is estimated that the United States will maintain 70,000 tons of high-level nuclear waste. (7) The country's electricity needs are best served by allowing new nuclear reactors to be built, in many cases on existing reactor sites. (8) Removal of the used nuclear fuel from those sites can be safely done and would lead to more efficient management of used fuel, and lower costs. (9) Development of alternatives to current storage facilities, including the Yucca Mountain long-term storage facility, would also allow used nuclear fuel from decommissioned reactor sites to be moved and final clean up of those sites to take place. (10) Citizens and communities in the United States interested in developing alternatives to current storage proposals, including the high-level Yucca Mountain storage facility, should be provided the incentive to move forward with these designs and plans. (11) Prize legislation has been a successful method used by the United States Government to solve some of our country's most difficult problems, from space travel to vehicles with super efficiency. (12) There is merit in and need for establishing a program of prize incentives to develop used nuclear fuel management plans. SEC. 4. PRIZE AUTHORITY. (a) In General.--The Secretary shall carry out a program to competitively award cash prizes in conformity with this Act to advance the research, development, demonstration, and commercial application of nuclear used fuel storage. (b) Advertising and Solicitation of Competitors.-- (1) Advertising.--The Secretary shall widely advertise prize competitions to encourage broad participation in the program carried out under subsection (a), including individuals, universities, communities, and large and small businesses. (2) Announcement through federal register notice.--The Secretary shall announce each prize competition by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize. (c) Administering the Competition.--The Secretary may enter into an agreement with a private, nonprofit entity to administer the prize competitions, subject to the provisions of this Act. The administering entity shall perform the following functions: (1) Advertise the competition and its results. (2) Raise funds from private entities and individuals to pay for administrative costs and cash prizes. (3) Develop, in consultation with and subject to the final approval of the Secretary, criteria to select winners based upon the goal of safely and adequately storing nuclear used fuel. (4) Determine, in consultation with and subject to the final approval of the Secretary, the appropriate amount of the awards. (5) Protect against the administering entity's unauthorized use or disclosure of a registered participant's intellectual property, trade secrets, and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program under this Act may be withheld from public disclosure. (6) Develop and promulgate sufficient rules to define the parameters of designing and proposing safe and secure nuclear energy used fuel storage with input from industry, citizens, and corporations familiar with such activities. (d) Funding Sources.--Prizes under this Act may consist of Federal appropriated funds, funds provided by the administering entity, or funds raised through grants or donations. The Secretary may accept funds from other Federal agencies for such cash prizes and, notwithstanding section 3302(b) of title 31, United States Code, may use such funds for the cash prize program. Other than publication of the names of prize sponsors, the Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the Secretary or administering entity. (e) Announcement of Prizes.--The Secretary may not publish a notice required by subsection (b)(2) until all the funds needed to pay out the announced amount of the prize have been appropriated to the Department or the Department has received from the administering entity a written commitment to provide all necessary funds. SEC. 5. ELIGIBILITY. To be eligible to win a prize under this Act, an individual or entity-- (1) shall notify the administering entity of intent to submit ideas and intent to collect the prize upon selection; (2) shall comply with all the requirements stated in the Federal Register notice required under section 4(b)(2); (3) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of the United States; (4) shall not be a Federal entity, a Federal employee acting within the scope of his or her employment, or an employee of a national laboratory acting within the scope of employment; (5) shall not use Federal funding or other Federal resources to compete for the prize; (6) shall not be an entity acting on behalf of any foreign government or agent acting on behalf of a current federally filed proposal for a spent nuclear fuel storage facility or repository; and (7) shall present a proposal to the administering entity to remove used nuclear fuel for such period of time as shall be necessary prior to the development of advanced fuel cycle facilities and a final repository for used fuel waste as may be ultimately in need of disposal. SEC. 6. INTELLECTUAL PROPERTY. The Federal Government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or in direct relation to, the participation by a registered participant in a competition authorized by this Act. This section shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this Act. The Federal Government may seek assurances that technologies for which prizes are awarded under this Act are offered for commercialization in the event an award recipient does not take, or is not expected to take within a reasonable time, effective steps to achieve practical application of the technology. SEC. 7. WAIVER OF LIABILITY. The Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants' participation in a competition under this Act. The Secretary shall give notice of any waiver required under this section in the notice required by section 4(b)(2). The Secretary may not require a registered participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the registered participant's intellectual property, trade secrets, or confidential business information. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Awards.--There are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2009 through 2020 for carrying out this Act-- (1) $10,000,000 each for two awards, and Federal contracting opportunities; and (2) $2,000,000 for two additional awards to support continued actions to develop the successful entities. (b) Treatment of Awards.--Amounts received pursuant to an award under this Act may not be taxed by any Federal, State, or local authority. (c) Administration.--In addition to the amounts authorized under subsection (a), there are authorized to be appropriated to the Secretary for each of fiscal years 2009 through 2020 $2,000,000 for the administrative costs of carrying out this Act. (d) Carryover of Funds.--Funds appropriated for prize awards under this Act shall remain available until expended and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 11 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this Act permits obligation or payment of funds in violation of section 1341 of title 31, United States Code.

Nuclear Used Fuel Prize Act of 2008 - Instructs the Secretary of Energy to implement a program to award cash prizes competitively for research, development, demonstration, and commercial application of nuclear used fuel storage. Authorizes the Secretary to enter into an agreement with a private, nonprofit entity to administer the prize competition.

To authorize the Secretary of Energy to establish monetary prizes for achievements in designing and proposing nuclear energy used fuel alternatives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leadville Mine Drainage Tunnel Act of 2011''. SEC. 2. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE. Section 703 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended to read as follows: ``SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE. ``(a) Leadville Mine Drainage Tunnel.--The Secretary shall take any action necessary to maintain the structural integrity of the Leadville Mine Drainage Tunnel-- ``(1) to maintain public safety; and ``(2) to prevent an uncontrolled release of water from the tunnel portal. ``(b) Water Treatment Plant.-- ``(1) In general.--Subject to section 705, the Secretary shall be responsible for the operation and maintenance of the water treatment plant authorized under section 701, including any sludge disposal authorized under this title. ``(2) Authority to offer to enter into contracts.--In carrying out paragraph (1), the Secretary may offer to enter into 1 or more contracts with any appropriate individual or entity for the conduct of any service required under paragraph (1).''. SEC. 3. REIMBURSEMENT. Section 705 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended-- (1) by striking ``The treatment plant'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), the treatment plant''; (2) by striking ``Drainage Tunnel'' and inserting ``Drainage Tunnel (which includes any surface water diverted into the Leadville Mine Drainage Tunnel and water collected by the dewatering relief well installed in June 2008)''; and (3) by adding at the end the following: ``(b) Exception.--The Secretary may-- ``(1) enter into an agreement with any other entity or government agency to provide funding for an increase in any operation, maintenance, replacement, capital improvement, or expansion cost that is necessary to improve or expand the treatment plant; and ``(2) upon entering into an agreement under paragraph (1), make any necessary capital improvement to or expansion of the treatment plant.''. SEC. 4. USE OF LEADVILLE MINE DRAINAGE TUNNEL AND TREATMENT PLANT. Section 708(a) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) In General.-- ``(1) Authorization.--The Secretary''; (2) by striking ``Neither'' and inserting the following: ``(2) Liability.--Neither''; (3) by striking ``The Secretary shall have'' and inserting the following: ``(3) Facilities covered under other laws.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary shall have''; (4) by inserting after ``Recovery Act.'' the following: ``(B) Exception.--If the Administrator of the Environmental Protection Agency proposes to amend or issue a new Record of Decision for operable unit 6 of the California Gulch National Priorities List Site, the Administrator shall consult with the Secretary with respect to each feature of the proposed new or amended Record of Decision that may require any alteration to, or otherwise affect the operation and maintenance of-- ``(i) the Leadville Mine Drainage Tunnel; or ``(ii) the water treatment plant authorized under section 701. ``(4) Authority of secretary.--The Secretary may implement any improvement to the Leadville Mine Drainage Tunnel or improvement to or expansion of the water treatment plant authorized under section 701 as a result of a new or amended Record of Decision for operable unit 6 of the California Gulch National Priorities List Site only upon entering into an agreement with the Administrator of the Environmental Protection Agency or any other entity or government agency to provide funding for the improvement or expansion.''; and (5) by striking ``For the purpose of'' and inserting the following: ``(5) Definition of upper arkansas river basin.--In''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 708(f) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is amended by striking ``sections 707 and 708'' and inserting ``this section and sections 703, 705, and 707''. SEC. 6. CONFORMING AMENDMENT. The table of contents of title VII of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4601) is amended by striking the item relating to section 703 and inserting the following: ``Sec. 703. Tunnel maintenance; operation and maintenance.''. Passed the Senate December 30, 2012. Attest: Secretary. 112th CONGRESS 2d Session S. 1047 _______________________________________________________________________ AN ACT To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to require the Secretary of the Interior, acting through the Bureau of Reclamation, to take actions to improve environmental conditions in the vicinity of the Leadville Mine Drainage Tunnel in Lake County, Colorado, and for other purposes.

Leadville Mine Drainage Tunnel Act of 2011 - Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to expand requirements for the operation and maintenance of the Leadville Mine Drainage Tunnel, Colorado, to require the Secretary of the Interior to take any action necessary to maintain the structural integrity of the Tunnel to maintain public safety and to prevent an uncontrolled release of water from the tunnel portal. Makes the Secretary responsible for the operation and maintenance of the water treatment plant, including authorized sludge disposal. Authorizes the Secretary to offer to enter into one or more contracts with any appropriate individual or entity for the conduct of any required service. Includes within the Tunnel any surface water diverted into it and water collected by the dewatering relief well installed in June 2008. Authorizes the Secretary: (1) to enter into an agreement with any other entity or government agency to provide funding for an increase in any operation, maintenance, replacement, capital improvement, or expansion cost that is necessary to improve or expand the Treatment Plant; and (2) upon entering into an agreement, to make any necessary capital improvement to or expansion of the water treatment plant. Requires the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary regarding each feature of the proposed new or amended Record of Decision for operable unit 6 of the California Gulch National Priorities List Site that may require any alteration to, or otherwise affect the operation and maintenance of, the Tunnel or the water treatment plant. Authorizes the Secretary to implement any improvement to the Tunnel or expansion of the plant as a result of a new or amended Record of Decision for operable unit 6 only upon entering into an agreement with the EPA Administrator or other entity or agency to provide funding for the improvement or expansion.

A bill to amend the Reclamation Projects Authorization and Adjustment of 1992 to require the Secretary of the Interior, acting through the Bureau of Reclamation, to take actions to improve environmental conditions in the vicinity of the Leadville Mine Drainage Tunnel in Lake County, Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Import Safety Act of 2007''. SEC. 2. SAFETY OF IMPORTED FOOD. (a) Pattern of Violations.--Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the following: ``(p) If there is a pattern of violations of this Act with respect to food generally or any type of food imported or offered for import into the United States from a particular country, the Secretary by regulation may prohibit the importation of food or such type of food, respectively, from such country, as determined appropriate by the Secretary to protect the public health.''. (b) Certification of Foreign Facilities and Foreign Countries.-- 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. 418. CERTIFICATION OF FOREIGN FACILITIES AND FOREIGN COUNTRIES. ``(a) In General.--The Secretary shall establish a certification program in accordance with this section to ensure that food imported into the United States meets the food safety standards applied to food produced in the United States. ``(b) Requirement.--No food shall be permitted entry into the United States from a foreign facility in a foreign country unless there is-- ``(1) a certification for such facility in effect under subsection (c)(1); or ``(2) a certification for such country in effect under subsection (c)(2). ``(c) Certification.-- ``(1) Foreign facility.--Each foreign facility seeking to import food into the United States may obtain a certification by the Secretary stating that the facility maintains a program using reliable analytical methods to ensure compliance with all the food safety standards described in subsection (a). ``(2) Foreign country.--A foreign country may obtain a certification by the Secretary stating that-- ``(A) the country has in effect and is enforcing food safety standards at least as protective of food safety as the standards applicable to food in the United States; and ``(B) the country has a program in effect to monitor and enforce its food safety standards with respect to food being exported from such country to the United States. ``(d) Revocation of Certification.--The Secretary may, with respect to a foreign facility or foreign country, revoke a certification under subsection (c) if-- ``(1) food from the foreign facility or foreign country is linked to an outbreak of human illness; ``(2) the Secretary determines that the foreign facility or foreign country is no longer meeting the requirements described in subsection (c); or ``(3) United States officials are not allowed to conduct such audits and investigations as may be necessary to carry out this section. ``(e) Periodic Review.--The Secretary shall periodically review certifications under subsection (c) for compliance with the requirements of this section. ``(f) Duration of Certification.--Each certification under subsection (c) shall be for a period of not more than 5 years. ``(g) Inspection; Independent Audits.--In determining whether to issue a certification under subsection (c) or revoke a certification under subsection (d), the Secretary is authorized to-- ``(1) inspect foreign facilities to ensure compliance with the food safety standards described in subsection (a); and ``(2) consider independent audits, product test data, and other relevant information generated by the facility, importer, or foreign country involved. ``(h) Cooperation With Foreign Countries.--The Commissioner of Food and Drugs and other appropriate Federal agencies shall work with foreign countries that are major trading partners of the United States to establish certification programs described in subsection (c)(2). ``(i) Technical Assistance to Small Businesses.--The Secretary may provide technical assistance to small businesses in developing countries to assist such businesses in complying with the requirements of this section and meeting the food safety standards described in subsection (a). ``(j) Foreign Facility.--In this section, the term `foreign facility' means a foreign facility (as defined in section 415(b)(3)) that is required to be registered under section 415. ``(k) Effective Date.--This section takes effect beginning on the date that is 2 years after the date of the enactment of the Food Import Safety Act of 2007.''. SEC. 3. NOTIFICATION AND RECALL. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as amended by section 2(b), is amended by adding at the end the following: ``SEC. 419. NOTIFICATION AND RECALL. ``(a) Notice to Secretary of Violation.-- ``(1) In general.--A person that has reason to believe that any food introduced into or in interstate commerce, or held for sale (whether or not the first sale) after shipment in interstate commerce, may be in violation of this Act shall immediately notify the Secretary of the identity and location of the food. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation. ``(b) Recall and Consumer Notification; Voluntary Actions.--If the Secretary determines that food is in violation of this Act when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in interstate commerce and that there is a reasonable probability that the food, if consumed, would present a threat to public health, as determined by the Secretary, the Secretary shall give the appropriate persons (including the manufacturers, importers, distributors, or retailers of the food) an opportunity to-- ``(1) cease distribution of the food; ``(2) notify all persons-- ``(A) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or ``(B) to which the food has been distributed, transported, or sold, to immediately cease distribution of the food; ``(3) recall the food; ``(4) in conjunction with the Secretary, provide notice of the finding of the Secretary-- ``(A) to consumers to whom the food was, or may have been, distributed; and ``(B) to State and local public health officials; or ``(5) take any combination of the measures described in this subsection, as determined by the Secretary to be appropriate in the circumstances. ``(c) Civil and Criminal Penalties.-- ``(1) Civil sanctions.-- ``(A) Civil penalty.--Any person that commits an act that violates the notification and recall standards under subsection (b) (including a regulation promulgated or order issued under this Act) may be assessed a civil penalty by the Secretary of not more than $10,000 for each such act. ``(B) Separate offense.--Each act described in subparagraph (A) and each day during which that act continues shall be considered a separate offense. ``(2) Other requirements.-- ``(A) Written order.--The civil penalty described in paragraph (1) shall be assessed by the Secretary by a written order, which shall specify the amount of the penalty and the basis for the penalty under subparagraph (B) considered by the Secretary. ``(B) Amount of penalty.--Subject to paragraph (1)(A), the amount of the civil penalty shall be determined by the Secretary, after considering-- ``(i) the gravity of the violation; ``(ii) the degree of culpability of the person; ``(iii) the size and type of the business of the person; and ``(iv) any history of prior offenses by the person under this Act. ``(C) Review of order.--The order may be reviewed only in accordance with subsection (d). ``(3) Exception.--No person shall be subject to the penalties of this subsection-- ``(A) for having received, proffered, or delivered in interstate commerce any food, if the receipt, proffer, or delivery was made in good faith, unless that person refuses to furnish (on request of an officer or employee designated by the Secretary)-- ``(i) the name, address, and contact information of the person from whom that person purchased or received the food; ``(ii) copies of all documents relating to the person from whom that person purchased or received the food; and ``(iii) copies of all documents pertaining to the delivery of the food to that person; or ``(B) if that person establishes a guaranty signed by, and containing the name and address of, the person from whom that person received in good faith the food, stating that the food is not adulterated or misbranded within the meaning of this Act. ``(d) Judicial Review.-- ``(1) In general.--An order assessing a civil penalty under subsection (c) shall be a final order unless the person-- ``(A) not later than 30 days after the effective date of the order, files a petition for judicial review of the order in the United States court of appeals for the circuit in which that person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia; and ``(B) simultaneously serves a copy of the petition by certified mail to the Secretary. ``(2) Filing of record.--Not later than 45 days after the service of a copy of the petition under paragraph (1)(B), the Secretary shall file in the court a certified copy of the administrative record upon which the order was issued. ``(3) Standard of review.--The findings of the Secretary relating to the order shall be set aside only if found to be unsupported by substantial evidence on the record as a whole. ``(e) Collection Actions for Failure To Pay.-- ``(1) In general.--If any person fails to pay a civil penalty assessed under subsection (c) after the order assessing the penalty has become a final order, or after the court of appeals described in subsection (d) has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall institute in a United States district court of competent jurisdiction a civil action to recover the amount assessed. ``(2) Limitation on review.--In a civil action under paragraph (1), the validity and appropriateness of the order of the Secretary assessing the civil penalty shall not be subject to judicial review. ``(f) Penalties Paid Into Account.--The Secretary-- ``(1) shall deposit penalties collected under this section in an account in the Treasury; and ``(2) may use the funds in the account, without further appropriation or fiscal year limitation-- ``(A) to carry out enforcement activities under food safety law; or ``(B) to provide assistance to States to inspect retail commercial food establishments, such as an establishment that holds, stores, or transports food or food ingredients, or other food or firms under the jurisdiction of State food safety programs. ``(g) Discretion of the Secretary To Prosecute.--Nothing in this section, section 418, or section 420 requires the Secretary to report for prosecution, or for the commencement of an action, the violation of this Act in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty under this section. ``(h) Remedies Not Exclusive.--The remedies provided in this section may be in addition to, and not exclusive of, other remedies that may be available.''. SEC. 4. MANDATORY RECALL AUTHORITY. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as amended by section 3, is amended by adding at the end the following: ``SEC. 420. MANDATORY RECALL ACTION. ``(a) Mandatory Actions.--If a person referred to in section 419(b) refuses to or does not adequately carry out the actions described in that section within the time period and in the manner prescribed by the Secretary, the Secretary shall-- ``(1) have authority to control and possess the food, including ordering the shipment of the food from a food establishment, such as an establishment that holds, stores, or transports food or food ingredients, to the Secretary-- ``(A) at the expense of such food establishment; or ``(B) in an emergency (as determined by the Secretary), at the expense of the Secretary; and ``(2) by order, require, as the Secretary determines to be necessary, the person to immediately-- ``(A) cease distribution of the food; and ``(B) notify all persons-- ``(i) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or ``(ii) if the food has been distributed, transported, or sold, to immediately cease distribution of the food. ``(b) Notification to Consumers by Secretary.--The Secretary shall, as the Secretary determines to be necessary, provide notice of the finding of the Secretary under subsection (a)-- ``(1) to consumers to whom the food was, or may have been, distributed; and ``(2) to State and local public health officials. ``(c) Nondistribution by Notified Persons.--A person that processes, distributes, or otherwise handles the food, or to which the food has been distributed, transported, or sold, and that is notified under section 419(b)(2) or subsection (a)(2)(B) of this section shall immediately cease distribution of the food. ``(d) Availability of Records to Secretary.--Each person referred to in section 419 that processed, distributed, or otherwise handled food shall make available to the Secretary information necessary to carry out this section, as determined by the Secretary, regarding-- ``(1) persons that processed, distributed, or otherwise handled the food; and ``(2) persons to which the food has been transported, sold, distributed, or otherwise handled. ``(e) Informal Hearings on Orders.-- ``(1) In general.--The Secretary shall provide any person subject to an order under subsection (a) with an opportunity for an informal hearing, to be held as soon as practicable but not later than 2 business days after the issuance of the order. ``(2) Scope of the hearing.--In a hearing under paragraph (1), the Secretary shall consider the actions required by the order and any reasons why the food that is the subject of the order should not be recalled. ``(f) Post-Hearing Recall Orders.-- ``(1) Amendment of order.--If, after providing an opportunity for an informal hearing under subsection (e), the Secretary determines that there is a reasonable probability that the food that is the subject of an order under subsection (a), if consumed, would present a threat to the public health, the Secretary, as the Secretary determines to be necessary, may-- ``(A) amend the order to require recall of the food or other appropriate action; ``(B) specify a timetable in which the recall shall occur; ``(C) require periodic reports to the Secretary describing the progress of the recall; and ``(D) provide notice of the recall to consumers to whom the food was, or may have been, distributed. ``(2) Vacation of orders.--If, after providing an opportunity for an informal hearing under subsection (e), the Secretary determines that adequate grounds do not exist to continue the actions required by the order, the Secretary shall vacate the order. ``(g) Remedies Not Exclusive.--The remedies provided in this section shall be in addition to, and not exclusive of, other remedies that may be available.''.

Food Import Safety Act of 2007 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to authorize the Secretary of Health and Human Services to prohibit the importation of food from a particular country if there is a pattern of FFDCA violations. Requires the Secretary to establish a certification program to ensure that imported food meets U.S. food safety standards. Prohibits food from being imported unless there are facility and country certifications in effect. Directs the Commissioner of Food and Drugs and other appropriate federal agencies to work with foreign countries that are major U.S. trading partners to establish certification programs. Authorizes the Secretary to provide technical assistance to assist small businesses in developing countries in complying with this Act. Requires a person that has reason to believe that any food introduced into interstate commerce may be in violation of the FFDCA to immediately notify the Secretary of the identity and location of the food. Requires the Secretary, upon a determination that such food is in violation of the FFDCA and that there is a reasonable probability that the food, if consumed, would present a threat to the public health, to give appropriate persons an opportunity to: (1) cease distribution of the food; (2) notify all relevant persons to cease distribution of the food; (3) recall the food; and (4) provide notice to consumers and public health officials. Authorizes the Secretary to control and possess the food and to order the person to immediately cease distribution of the food if the person refuses or does not adequately carry out such actions.

To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety of imported food.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fish and Wildlife Service Resource Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Damages.--The term ``damages'' means-- (A) compensation for-- (i)(I) the cost of replacing, restoring, or acquiring the equivalent of a system resource; and (II) the value of any significant loss of use of a system resource, pending-- (aa) restoration or replacement of the system resource; or (bb) the acquisition of an equivalent resource; or (ii) the value of a system resource, if the system resource cannot be replaced or restored; and (B) the cost of any relevant damage assessment carried out pursuant to section 4(c). (2) Response cost.--The term ``response cost'' means the cost of any action carried out by the Secretary-- (A) to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; (B) to abate or minimize the imminent risk of such destruction, loss, or injury; or (C) to monitor the ongoing effects of any incident causing such destruction, loss, or injury. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) System resource.--The term ``system resource'' means any living, nonliving, historical, cultural, or archeological resource that is located within the boundaries of-- (A) a unit of the National Wildlife Refuge System; (B) a unit of the National Fish Hatchery System; or (C) any other land managed by the United States Fish and Wildlife Service, including any land managed cooperatively with any other Federal or State agency. SEC. 3. LIABILITY. (a) In General.--Subject to subsection (c), any individual or entity that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injuries or risk to, any system resource, shall be liable to the United States for any response costs or damages resulting from the destruction, loss, or injury. (b) Liability in Rem.--Any instrumentality (including a vessel, vehicle, aircraft, or other equipment or mechanism) that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injury or risk to, a system resource shall be liable in rem to the United States for any response costs or damages resulting from the destruction, loss, or injury, to the same extent that an individual or entity is liable under subsection (a). (c) Defenses.--An individual or entity shall not be liable under this section, if the individual or entity can establish that-- (1) the destruction or loss of, or injury to, the system resource was caused solely by an act of God or an act of war; or (2)(A) the individual or entity exercised due care; and (B) the destruction or loss of, or injury to, the system resource was caused solely by an act or omission of a third party, other than an employee or agent of the individual or entity. (d) Scope.--The liability established by this section shall be in addition to any other liability arising under Federal or State law. SEC. 4. ACTIONS. (a) Civil Actions for Response Costs and Damages.--The Attorney General, on request of the Secretary, may commence a civil action in the United States district court of appropriate jurisdiction against any individual, entity, or instrumentality that may be liable under section 3 for response costs or damages. (b) Administrative Actions for Response Costs and Damages.-- (1) Action by secretary.-- (A) In general.--Subject to paragraph (2), the Secretary, after making a finding described in subparagraph (B), may consider, compromise, and settle a claim for response costs and damages if the claim has not been referred to the Attorney General under subsection (a). (B) Description of findings.--A finding referred to in subparagraph (A) is a finding that-- (i) destruction or loss of, or injury to, a system resource has occurred; or (ii) such destruction, loss, or injury would occur absent an action by the Secretary to prevent, minimize, or abate the destruction, loss, or injury. (2) Requirement.--In any case in which the total amount to be recovered in a civil action under subsection (a) may exceed $500,000 (excluding interest), a claim may be compromised and settled under paragraph (1) only with the prior written approval of the Attorney General. (c) Response Actions, Assessments of Damages, and Injunctive Relief.-- (1) In general.--The Secretary may carry out all necessary actions (including making a request to the Attorney General to seek injunctive relief)-- (A) to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; or (B) to abate or minimize the imminent risk of such destruction, loss, or injury. (2) Assessment and monitoring.-- (A) In general.--The Secretary may assess and monitor the destruction or loss of, or injury to, any system resource for purposes of paragraph (1). (B) Judicial review.--Any determination or assessment of damage to a system resource carried out under subparagraph (A) shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), on the basis of the administrative record developed by the Secretary. SEC. 5. USE OF RECOVERED AMOUNTS. (a) In General.--An amount equal to the total amount of the response costs and damages recovered by the Secretary under this Act and any amounts recovered by the Federal Government under any provision of Federal, State, or local law (including regulations) or otherwise as a result of the destruction or loss of, or injury to, any system resource shall be made available to the Secretary, without further appropriation, for use in accordance with subsection (b). (b) Use.--The Secretary may use amounts made available under subsection (a) only, in accordance with applicable law-- (1) to reimburse response costs and damage assessments carried out pursuant to this Act by the Secretary or such other Federal agency as the Secretary determines to be appropriate; (2) to restore, replace, or acquire the equivalent of a system resource that was destroyed, lost, or injured; or (3) to monitor and study system resources. SEC. 6. DONATIONS. (a) In General.--In addition to any other authority to accept donations, the Secretary may accept donations of money or services for expenditure or use to meet expected, immediate, or ongoing response costs and damages. (b) Timing.--A donation described in subsection (a) may be expended or used at any time after acceptance of the donation, without further action by Congress. SEC. 7. TRANSFER OF FUNDS FROM NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION FUND. The matter under the heading ``Natural resource damage assessment and restoration fund'' under the heading ``United states fish and wildlife service'' of title I of the Department of the Interior and Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b-1), is amended by striking ``Provided, That'' and all that follows through ``activities.'' and inserting the following: ``Provided, That notwithstanding any other provision of law, any amounts appropriated or credited during fiscal year 1992 or any fiscal year thereafter may be transferred to any account (including through a payment to any Federal or non-Federal trustee) to carry out a negotiated legal settlement or other legal action for a restoration activity under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Act of July 27, 1990 (16 U.S.C. 19jj et seq.), or the United States Fish and Wildlife Service Resource Protection Act, or for any damage assessment activity: Provided further, That sums provided by any individual or entity before or after the date of enactment of this Act shall remain available until expended and shall not be limited to monetary payments, but may include stocks, bonds, or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary for the restoration of injured resources or to conduct any new damage assessment activity.''.

United States Fish and Wildlife Service Resource Protection Act This bill authorizes the U.S. Fish and Wildlife Service (USFWS) to seek compensation from individuals or entities for costs or damages for destroying, causing the loss of, or injuring any living, nonliving, historical, cultural, or archaeological resource on land managed by the USFWS, or for causing the USFWS to carry out actions to prevent, minimize, or abate such destruction, loss, or injury. Amounts recovered as a result of such destruction, loss, or injury must be made available to USFWS to: (1) reimburse response costs and damage assessments; (2) restore, replace, or acquire the equivalent of a resource that was destroyed, lost, or injured; or (3) monitor and study those resources.

United States Fish and Wildlife Service Resource Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Water Supply Enhancement Act of 2005''. SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1636. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ``(a) In General.--The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1634 the following: ``Sec. 1636. Prado Basin Natural Treatment System Project.''. SEC. 3. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. REGIONAL BRINE LINES. ``(a) Southern California.--The Secretary, under Federal reclamation laws and in cooperation with units of local government, may assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(1) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(2) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $40,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1635 the following: ``Sec. 1637. Regional brine lines.''. SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1638. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1636 the following: ``Sec. 1638. Lower Chino dairy area desalination demonstration and reclamation project.''. SEC. 5. CEILING INCREASE ON FEDERAL SHARE OF WATER RECLAMATION PROJECT. Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C.390h-13(d)) is amended-- (1) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) The Federal share of the costs of the project authorized by section 1624 shall not exceed the following: ``(A) $22,000,000 for fiscal year 2007. ``(B) $24,200,000 for fiscal year 2008. ``(C) $26,620,000 for fiscal year 2009. ``(D) $29,282,000 for fiscal year 2010. ``(E) $32,210,200 for fiscal year 2011. ``(F) $35,431,220 for fiscal year 2012. ``(G) $38,974,342 for fiscal year 2013. ``(H) $42,871,776 for fiscal year 2014. ``(I) $47,158,953 for fiscal year 2015. ``(J) $51,874,849 for fiscal year 2016.''. SEC. 6. CENTER FOR TECHNOLOGICAL ADVANCEMENT OF MEMBRANE TECHNOLOGY AND EDUCATION. (a) In General.--The Secretary of the Interior shall establish at the Orange County Water District located in Orange County, California, a center for the expressed purposes of providing-- (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies. (b) Management of Center.-- (1) Contracts.--In establishing the center, the Secretary shall enter into contracts with the Orange County Water District for purposes of managing such center. (2) Plan.--Not later than 90 days after the date of enactment of this section, the Secretary, in consultation with the Orange County Water District, shall jointly prepare a plan, updated annually, identifying the goals and objectives of the center. (c) Authorization of Appropriations.--There are authorized to carry out subsections (a) and (b), $2,000,000, for each of fiscal years 2006 through 2011. Such sums shall remain available until expended. (d) Report.--Not later than one year after the date of enactment of this section and annually thereafter, the Secretary, in consultation with the Orange County Water District, shall provide a report to Congress on the status of the center and its accomplishments. (e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.

Santa Ana River Water Supply Enhancement Act of 2005 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with: (1) the Orange County Water District (the District), to participate in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) local governments to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Limits the federal share of total project costs. Prohibits using funds provided by the Secretary for operation and maintenance of the projects. Directs the Secretary to establish at the District a center to provide: (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies. Terminates the Secretary's authority to carry out this Act after 10 years.

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes.

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Modifies the general plan for the Belle Fourche irrigation project, within the Pick-Sloan Missouri Basin program, to include: (1) rehabilitation of the Whitewood Siphon and two Belle Fourche dam outlets; (2) lining at South Canal and rehabilitation of Johnson Lateral for water conservation; (3) replacement or rehabilitation of deteriorated canal bridges; (4) provision of minor lateral rehabilitation and contract support work by the Belle Fourche irrigation district; and (5) a detailed study of project-wide water use management and implementation of improved management practices for the purpose of achieving optimal conservation of water supplies. Sets forth provisions regarding: (1) the Federal and State share of costs; and (2) extension of the repayment period. Provides that: (1) before July 1, 1995, the rates of charge to land class in the unit shall continue as established in the November 29, 1949, repayment contract with the district, as subsequently amended and supplemented; and (2) on and after July 1, 1995, such rates of charge and assessable acreage shall be in accordance with the amortization capacity and classification of unit lands as then determined by the Secretary, subject to specified requirements. Permits the rates of charge and assessable acreage to be amended as deemed necessary by the Secretary after final completion of the rehabilitation and betterment program authorized by the Act, at intervals agreed to by the Secretary and the Belle Fourche irrigation district. Authorizes appropriations for the project. Directs the Secretary and the district to amend the contract to reflect the amendments made by this Act.

A bill to increase the authorization of appropriations for the Belle Fourche Irrigation Project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Insurance Accountability Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The Holocaust, an event in which millions of people endured enormous suffering through torture and other violence, including the murder of 6,000,000 Jews and millions of others, the destruction of families and communities, and the theft of their assets, was one of the most heinous crimes in human history. (2) Before and during World War II, millions of people purchased insurance policies to safeguard family assets, plan for retirement, provide for a dowry, or save for their children's education. (3) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because they did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis or lost in the devastation of the Holocaust. (4) In many instances, insurance company records and records in government archives are the only proof of the existence of insurance policies belonging to Holocaust victims. (5) Holocaust survivors and heirs have been attempting for decades to persuade insurance companies to settle unpaid insurance claims. (6) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, the Government of Israel, and non-governmental organizations with the promise that it would expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (7) On July 17, 2000, the United States and Germany signed an executive agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated ICHEIC to resolve all Holocaust-era insurance policies issued by German companies and their subsidiaries. (8) On January 17, 2001, the United States and Austria signed an executive agreement, which designated ICHEIC to resolve all Holocaust-era insurance policies issued by Austrian companies and their subsidiaries. (9) The ICHEIC process ended in 2007 and companies holding Holocaust-era insurance policies continue to withhold names of owners and beneficiaries of thousands of insurance policies sold to Jewish customers prior to World War II. (10) Experts estimate that only a small fraction of the policies estimated to have been sold to Jews living in Europe at the beginning of World War II have been paid through ICHEIC. (11) In American Insurance Association, Inc., v. Garamendi, the United States Supreme Court held that under the supremacy clause of the Constitution of the United States, executive agreements and Federal Government policy calling for insurance claims against German and Austrian companies to be handled within ICHEIC preempted State laws authorizing State insurance commissioners to subpoena company records and require publication of the names of Holocaust era policy holders. (12) In the Garamendi case, the Supreme Court stated that Congress, which has the power to regulate international commerce and prescribe Federal court jurisdiction, had not addressed disclosure and restitution of insurance policies of Holocaust victims. (13) Subsequent court decisions have dismissed survivors' suits against an Italian insurance company, even though there is no executive agreement between the United States and Italy. (14) Congress supports the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to obtain information from insurers and to bring legal actions in courts, wherever jurisdiction requirements are met, to recover unpaid funds from entities that participated in the theft of family insurance assets or the affiliates of such entities. (15) Congress intends for this Act to be interpreted to allow for State causes of action and disclosure requirement laws regarding Holocaust-era insurance policies to be valid and not preempted. (16) This Act expresses the intent of Congress to deem valid State laws protecting the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to obtain information from insurers and to bring actions in courts of proper jurisdiction to recover unpaid funds from entities that participated in the theft of family insurance assets or the affiliates of such entities. (17) Insurance payments should be expedited to the victims of the most heinous crime of the 20th century to ensure that justice is served. (18) This Act will enable survivors, heirs, and beneficiaries to obtain compensation commensurate with the real monetary value of their losses. (19) Under the circumstances faced by Holocaust victims and their families, courts should be open to Holocaust victims and their families for a reasonable number of years after the enactment of this Act, without regard to any other statutes of limitation. SEC. 3. VALIDITY OF STATE LAWS. (a) Validity of Laws Creating Cause of Action.--Any State law creating a cause of action against any insurer or related company based on a claim arising out of or related to a covered policy shall not be invalid or preempted by reason of any executive agreement between the United States and any foreign country. (b) Validity of Laws Requiring Disclosure of Information.--Any State law that is enacted on or after March 1, 1998, and that requires an insurer doing business in that State, including any related company, to disclose information regarding any covered policy shall be deemed to be in effect on the date of the enactment of such law and shall not be invalid or preempted by reason of any executive agreement between the United States and any foreign country. (c) Waiver.--The President may waive the application of subsection (a) or (b) with respect to any executive agreement that is entered into between the United States and a foreign country on or after the date of the enactment of this Act and that involves covered policies if, not later than 30 legislative days before the signing of the executive agreement-- (1) the President determines that the executive agreement is vital to the national security interests of the United States; and (2) the President provides to the appropriate congressional committees a report explaining the reasons for such determination. (d) Statements of Interest.--No funds may be used by the Department of State, or any other department or agency of the United States, for the purpose of issuing a statement of interest seeking to encourage a court in the United States to dismiss any claim brought to recover compensation arising out of or related to a covered policy. (e) Statute of Limitations.--No court may dismiss a claim that is brought under a State law described in subsection (a) or (b) within 10 years after the date of the enactment of this Act on the ground that the claim is barred under any statute of limitations. SEC. 4. APPLICABILITY. This Act shall apply to any claim that is brought, before, on, or after the date of the enactment of this Act, under a State law described in subsection (a) or (b), including-- (1) any claim dismissed, before the date of the enactment of this Act, on the ground of executive preemption; and (2) any claim that is deemed released as a result of the settlement of a class action that was entered into before the date of the enactment of this Act, if the claimant did not receive any payment pursuant to the settlement. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs in the House of Representatives, the Committee on Foreign Relations in the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate. (2) Covered policy.-- (A) In general.--The term ``covered policy'' means any life, dowry, education, property, or other insurance policy that-- (i) was in effect at any time after January 30, 1933, and before December 31, 1945; and (ii) was issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany. (B) Nazi germany.--In this paragraph, the term ``Nazi Germany'' means-- (i) the Nazi government of Germany; and (ii) any government in any area occupied by the military forces of the Nazi government of Germany. (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce, if the person issued a covered policy, or a successor in interest to such person. (4) Legislative days.--The term ``legislative days'' means those days on which both Houses of Congress are in session. (5) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).

Holocaust Insurance Accountability Act of 2010 - Declares that no executive agreement between the United States and any foreign country shall invalidate or preempt any state law creating a cause of action against an insurer or related company based upon a claim arising out of or related to a covered insurance policy that: (1) was in effect at any time after January 30, 1933, and before December 31, 1945; and (2) was issued to a policyholder domiciled in any area occupied or controlled by Nazi Germany. Deems any state law enacted as of March 1, 1998, which requires an insurer doing business in that state to disclose information regarding such a covered policy to be effective upon its enactment. Authorizes the President to waive application of this Act upon: (1) a determination that the executive agreement is vital to U.S. national security interests; and (2) presentation of a report by the President to certain congressional committees explaining the reasons for such determination. Prohibits a court from dismissing a claim that is brought under a state law within 10 years after enactment of this Act on the ground that the claim is barred under any statute of limitations. Declares this Act applicable to any claim brought under state law before, on, or after enactment of this Act including: (1) any claim dismissed on the ground of executive preemption before the date of the enactment of this Act; and (2) any claim that is deemed released as a result of the settlement of a class action entered into before enactment of this Act if the claimant did not receive any payment pursuant to the settlement.

To allow for enforcement of State disclosure laws and access to courts for covered Holocaust-era insurance policy claims.

SECTION 1. LIMIT ON AMOUNT OF NONCONSTITUENT CONTRIBUTIONS AND MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS THAT A CANDIDATE MAY ACCEPT. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. LIMIT ON AMOUNT OF NONCONSTITUENT CONTRIBUTIONS AND POLITICAL ACTION COMMITTEE CONTRIBUTIONS THAT A CANDIDATE MAY ACCEPT. ``(a) Definition.--In this section, the term `nonconstituent source' means-- ``(1) an individual that is a resident of a State other than a candidate's State (in the case of a candidate for the Senate) or district (in the case of a candidate for the House of Representatives); ``(2) a multicandidate political committee that, during any calendar year, accepts from residents of a candidate's State contributions in an amount that is not more than 10 percent of the total amount of contributions accepted by the committee; and ``(3)(A) a separate segregated fund of a corporation that does not have an office in the candidate's State (in the case of a candidate for the Senate) or district (in the case of a candidate for the House of Representatives); and ``(B) a separate segregated fund of a labor organization, membership organization, or unincorporated cooperative not more than 10 percent of the members of which are residents of the candidate's State (in the case of a candidate for the Senate) or district (in the case of a candidate for the House of Representatives). ``(b) Prohibition.--A candidate for election to the Senate or House of Representatives, and the candidate's authorized committees, shall not accept for use in an election-- ``(1) an amount of contributions from nonconstituent sources that exceeds 33 percent of the total amount of contributions accepted by the candidate or candidate's authorized committees; or ``(2) an amount of contributions from multicandidate political committees and separate segregated funds that exceeds 20 percent of the total amount of contributions accepted by the candidate or candidate's authorized committees.''. SEC. 2. CONTROL OF CONTRIBUTIONS BY POLITICAL ACTION COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as amended by section 1) is amended by adding at the end the following: ``SEC. 325. CONTROL OF CONTRIBUTIONS BY MULTICANDIDATE POLITICAL COMMITTEES AND SEPARATE SEGREGATED FUNDS. ``(a) In General.--It shall be unlawful for a multicandidate political committee or a separate segregated fund established under section 316(b) to make a contribution to or an expenditure on behalf of, or an expenditure in opposition to, a candidate or candidate's authorized committee, political party, or any other person unless the decision to make the contribution or expenditure is made by vote of the contributors to the multicandidate political committee or separate segregated fund conducted in accordance with the regulation issued by the Commission under subsection (b). ``(b) Regulation.-- ``(1) In general.--The regulation under subsection (a) shall require, at a minimum, that a multicandidate political committee or separate segregated fund-- ``(A) send to each of its contributors a form, in the form set forth in paragraph (2), for the contributor to return to the committee or fund that states the percentages in which the contributor desires the amount of contributions made by the contributor to be contributed to the party organizations and candidates of each political party; ``(B) make contributions and expenditures in accordance with the percentages specified by each contributor (unless a contributor specifies percentages that total more than or less than 100 percent, in which case contributions and expenditures shall be made to the parties for which percentages are specified pro rata); and ``(C) maintain the forms for a period of 5 years after the forms are returned to the committee and allow inspection of the forms by the Commission and by contributors to the committee or fund. ``(2) Form.--The form referred to in paragraph (1)(A) is as follows: ``MULTICANDIDATE POLITICAL COMMITTEE/SEPARATE SEGREGATED FUND CONTRIBUTOR PARTICIPATION FORM ``Please indicate what percentage of your contribution you want to go to the party organizations and/or candidates of each of the political parties listed below*: ``(List all political parties that are on the official ballot of the contributor's State): ``EXAMPLES ``____ Republican Party ``____ Democrat Party ``____ Libertarian Party ``____ Natural Law Party ``____ Reform Party ``____ American Independent Party ``____ Taxpayers' Party ``____ ________________ Party ``*If for any reason your specified percentages total more or less than 100 percent, your contribution will be allocated pro rata in accordance with your indicated choices. ``This form must be kept on file for 5 years by the multicandidate political committee or the separate segregated fund and is subject to inspection by the Federal Election Commission and by the contributors to the committee or the fund.''. SEC. 3. INCREASE IN INDIVIDUAL CONTRIBUTION LIMIT. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in subsection (a)(1)(A) by striking ``$1,000'' and inserting ``$1,910''; and (2) by adding at the end the following: ``(9) Indexing.--The $1,910 amount under paragraph (1)(A) shall be increased as of the beginning of each calendar year based on the increase in the price index determined under subsection (c), except that the base period shall be calendar year 1996.''.

Amends the Federal Election Campaign Act of 1971 to limit the amount of nonconstituent contributions and political action committee contributions that a candidate for election to the Senate or House of Representatives, and the candidate's authorized committees, may accept for use in an election. Prohibits a multicandidate political committee or separated segregated fund from making contributions to or an expenditure on behalf of, or an expenditure in opposition to, a candidate or the candidate's authorized committee, political party, or any other person unless the decision is made by vote of the contributors. Sets forth the specifications of the multicandidate political committee or separate segregated fund contributor participation form. Increases the individual contribution limit.

A bill to amend the Federal Election Campaign Act of 1971 to limit the amount of nonconstituent contributions that a candidate may accept, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Athletes From Concussions Act of 2013''. SEC. 2. MINIMUM STATE REQUIREMENTS. Part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended-- (1) by striking the heading relating to subpart 2 and inserting the following: ``Subpart 3--Other Provisions''; and (2) by inserting after subpart 1, the following new subpart: ``Subpart 2--State Requirements for the Prevention and Treatment of Concussions ``SEC. 9511. MINIMUM STATE REQUIREMENTS. ``(a) In General.--Beginning fiscal year 2015, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: ``(1) Local educational agency concussion safety and management plan.--Each local educational agency in the State (including each charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes-- ``(A) the education of students, parents, and school personnel about concussions, including-- ``(i) the training of school personnel on evidence-based concussion safety and management, including on prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and ``(ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; ``(B) supports for each student recovering from a concussion, including-- ``(i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include-- ``(I) a health care professional, the parents of such student, and other relevant school personnel; and ``(II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; ``(ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such a student; and ``(iii) if the student's symptoms of concussion persist for a substantial period of time-- ``(I) evaluating the student in accordance with section 614 of the Individual with Disabilities Education Act (20 U.S.C. 1414) to determine whether the student is eligible for services under part B of such Act (20 U.S.C. 1411 et seq.); or ``(II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and ``(C) best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including-- ``(i) disseminating information on concussion safety and management to the public; and ``(ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. ``(2) Posting of information on concussions.--Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that-- ``(A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); ``(B) shall include-- ``(i) the risks posed by sustaining a concussion or multiple concussions; ``(ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and ``(iii) the signs and symptoms of a concussion; and ``(C) may include-- ``(i) the definition of a concussion under section 9512(1); ``(ii) the means available to the student to reduce the incidence or recurrence of a concussion; and ``(iii) the effects of a concussion on academic learning and performance. ``(3) Response to a concussion.--If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity-- ``(A) the student shall be-- ``(i) immediately removed from participation in such activity; and ``(ii) prohibited from resuming participation in school-sponsored athletic activities-- ``(I) on the day the student sustained the concussion; and ``(II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraph (4); ``(B) the school personnel shall report to the concussion management team-- ``(i) that the student may have sustained a concussion; and ``(ii) all available information with respect to the student's injury; and ``(C) the concussion management team shall confirm and report to the parents of the student-- ``(i) the type of injury, and the date and time of the injury, suffered by the student; and ``(ii) any actions that have been taken to treat the student. ``(4) Return to athletics.--If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that-- ``(A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that-- ``(i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and ``(ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion; and ``(B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. ``(5) Return to academics.--If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including-- ``(A) providing for periods of cognitive rest over the course of the school day; ``(B) providing modified academic assignments; ``(C) allowing for gradual reintroduction to cognitive demands; and ``(D) other appropriate academic accommodations or adjustments. ``(b) Certification Requirement.--The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). ``SEC. 9512. DEFINITIONS. ``In this subpart: ``(1) Concussion.--The term `concussion' means a type of mild traumatic brain injury that-- ``(A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; ``(B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience-- ``(i) any period of observed or self- reported-- ``(I) transient confusion, disorientation, or altered consciousness; ``(II) dysfunction of memory around the time of injury; or ``(III) disruptions in gait or balance; and ``(ii) symptoms that may include-- ``(I) physical symptoms, such as headache, fatigue, or dizziness; ``(II) cognitive symptoms, such as memory disturbance or slowed thinking; ``(III) emotional symptoms, such as irritability or sadness; or ``(IV) difficulty sleeping; and ``(C) occurs-- ``(i) with or without the loss of consciousness; and ``(ii) during participation-- ``(I) in a school-sponsored athletic activity; or ``(II) in any other activity without regard to whether the activity takes place on school property or during the school day. ``(2) Health care professional.--The term `health care professional' means a physician (including a medical doctor or doctor of osteopathic medicine), nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual-- ``(A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and ``(B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. ``(3) Public school.--The term `public school' means a public elementary school or public secondary school. ``(4) School personnel.--The term `school personnel' has the meaning given such term in section 4151, except that such term includes coaches and athletic trainers. ``(5) School-sponsored athletic activity.--The term `school-sponsored athletic activity' means-- ``(A) any physical education class or program of a public school; ``(B) any athletic activity authorized by a public school that takes place during the school day on the school's property; ``(C) any activity of an extra-curricular sports team, club, or league organized by a public school; and ``(D) any recess activity of a public school.''. SEC. 3. CONFORMING AMENDMENTS. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking the item relating to the heading of subpart 2 of part E of title IX and inserting the following new item: ``subpart 3--general provisions''; and (2) by inserting after the item relating to section 9506, the following new items: ``subpart 2--state requirements for the prevention and treatment of concussions ``Sec. 9511. Minimum State requirements. ``Sec. 9512. Definitions.''.

Protecting Student Athletes from Concussions Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds, beginning in FY2015, on the state having in effect and enforcing a law or regulation that meets the minimum requirements for the prevention and treatment of concussions set forth in this Act. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management for its public schools that includes: (1) the education of students, parents, and school personnel about concussions through specified activities; (2) specified supports for each student recovering from a concussion; and (3) specified best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public school to post on school grounds and make publicly available on the school website specified information on concussions. Provides that if any public school personnel suspects that a student has sustained a concussion during a school-sponsored activity: (1) the student is to be immediately removed from participation in that activity and prohibited from participating in school-sponsored athletic activities until the student submits a written release from a health care professional; and (2) that individual is to report all available information regarding the student's injury to a concussion management team that will then confirm and report to the student's parents the date, time, and type of the injury suffered by the student and any actions taken to treat the student. Requires each concussion management team to include a health care professional, the student's parents, other relevant school personnel, and an individual assigned by the public school to oversee and manage the students' recovery. Requires the school's concussion management team to consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including: (1) periods of cognitive rest over the course of the school day, (2) modified academic assignments, (3) gradual reintroduction to cognitive demands, and (4) other appropriate academic accommodations or adjustments.

Protecting Student Athletes From Concussions Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recruiting, Retention, and Reservist Promotion Act of 2000''. SEC. 2. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS. (a) Expedited Implementation.--(1) Section 435 of title 37, United States Code, as added by section 586(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 638), is amended by adding at the end the following new subsection: ``(g) Implementation.--This section shall take effect on the first day of the first month beginning after the date of the enactment of this subsection. For purposes of determining the eligibility of a member for the high-deployment per diem allowance on and after that date, the Secretary concerned shall consider days on which the member was deployed before that date.''. (2) Section 586(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 639) is amended-- (A) by striking ``(1)'' before ``Section 991''; and (B) by striking paragraph (2). (b) Inclusion of Coast Guard.--(1) Subsection (a) of section 435 of title 37, United States Code, is amended by inserting after ``military department concerned'' the following: ``, and the Secretary of Transportation, with respect to members of the Coast Guard when it is not operating as a service in the Department of the Navy,''. (2) Section 991 of title 10, United States Code, is amended-- (A) in subsection (c), by striking ``of each military department'' and inserting ``concerned''; (B) in subsection (d), by striking ``of the military department''; and (C) in subsection (e), by striking ``This section'' and inserting ``Subsection (a)''. (c) Evaluation of Eligibility Threshold.--(1) Beginning six months after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Transportation, shall conduct a study regarding-- (A) the extent to which the high-deployment per diem allowance authorized by section 435 of title 37, United States Code, is being paid to members of the regular and reserve components of the Armed Forces; (B) the effect of the availability of the allowance on the morale of members and on retention and recruitment rates; and (C) the feasibility of establishing a reduced eligibility threshold for a members of National Guard and Reserve units serving on active duty for a period of more than 30 days, at possibly a reduced per diem rate, to address the disruption of the member's civilian employment. (2) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study and the Secretary's recommendations regarding-- (A) appropriate changes to the eligibility threshold for the allowance and the per diem amount specified in such section 435; and (B) the establishment of a separate eligibility threshold and per diem rate for members of National Guard and Reserve units serving on active duty for a period of more than 30 days. (3) If the Secretary of Defense determines that the threshold of 251 days of deployment during the preceding 365 days is too high a threshold for eligibility for the high-deployment per diem allowance, the Secretary may reduce the threshold to such days of deployment as the Secretary considers appropriate. The Secretary shall notify the Congress in writing of any change in the eligibility threshold made under the authority of this paragraph. SEC. 3. STUDY OF TAX CREDITS AND SMALL BUSINESS LOAN CHANGES TO ASSIST BUSINESSES THAT EMPLOY GUARD AND RESERVE MEMBERS. (a) Study Required.--The Comptroller General shall conduct a study to determine-- (1) whether members of the National Guard and Reserve comprise a disproportionately large portion of the employees of any size or type of business, including small business concerns; (2) the amount of Federal tax benefit which would be appropriate to compensate such a business for costs associated with employing members of National Guard and Reserve units and having such members called to active duty; and (3) whether changes can be made to the small business loan program, such as a targeted level of loans, reduced interest rates, and reduced paperwork burdens for loan applications, to assist small business concerns to deal with the costs associated with employing members of National Guard and Reserve units and having such members called to active duty. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study. The report shall include legislative proposals-- (1) to provide the recommended tax benefit identified in the study; and (2) to modify the small business loan program to assist small business concerns that employ members of National Guard and Reserve units. SEC. 4. REPORT ON EXPANSION OF JUNIOR ROTC AND SIMILAR MILITARY PROGRAMS FOR YOUNG PEOPLE. (a) Findings.--Congress finds that-- (1) the Junior Reserve Officers' Training Corps, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League provide significant benefits for the Armed Forces, including significant public relations benefits; and (2) there is substantial interest in expanding the scope of these programs. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report providing the Secretary's assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League. The report shall include such recommendations as the Secretary considers appropriate for expansion of these programs through an increase in the number of units or participants in these programs, increased funding for these programs, or such other means as the Secretary determines.

Directs the Secretary of Defense to study and report to Congress on the extent to which such allowance is being paid to regular and reserve personnel, its effect on morale and retention rates, and the feasibility of establishing a reduced eligibility threshold for members of National Guard and reserve units serving on active duty of more than 30 days. Authorizes the Secretary, after such study, to reduce the threshold below 251 days (requiring congressional notification of any such change). Directs the Comptroller General to study and report to Congress on the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel. Requires the Secretary to report to Congress on the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps of each military department, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines.

Recruiting, Retention, and Reservist Promotion Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cameron Gulbransen Kids Transportation Safety Act of 2007'' or the ``K.T. Safety Act of 2007''. SEC. 2. RULEMAKING REGARDING CHILD SAFETY. (a) Power Window Safety.-- (1) Consideration of rule.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation (referred to in this Act as the ``Secretary'') shall initiate a rulemaking to consider prescribing or amending Federal motor vehicle safety standards to require power windows and panels on motor vehicles to automatically reverse direction when such power windows and panels detect an obstruction to prevent children and others from being trapped, injured, or killed. (2) Deadline for decision.--If the Secretary determines such safety standards are reasonable, practicable, and appropriate, the Secretary shall prescribe, under section 30111 of title 49, United States Code, the safety standards described in paragraph (1) not later than 30 months after the date of enactment of this Act. If the Secretary determines that no additional safety standards are reasonable, practicable, and appropriate, the Secretary shall-- (A) not later than 30 months after the date of enactment of this Act, transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons such standards were not prescribed; and (B) publish and otherwise make available to the public through the Internet and other means (such as the ``Buying a Safer Car'' brochure) information regarding which vehicles are or are not equipped with power windows and panels that automatically reverse direction when an obstruction is detected. (b) Rearward Visibility.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall initiate a rulemaking to revise Federal Motor Vehicle Safety Standard 111 (FMVSS 111) to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons. The Secretary may prescribe different requirements for different types of motor vehicles to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons. Such standard may be met by the provision of additional mirrors, sensors, cameras, or other technology to expand the driver's field of view. The Secretary shall prescribe final standards pursuant to this subsection not later than 36 months after the date of enactment of this Act. (c) Phase-In Period.-- (1) Phase-in period required.--The safety standards prescribed pursuant to subsections (a) and (b) shall establish a phase-in period for compliance, as determined by the Secretary, and require full compliance with the safety standards not later than 48 months after the date on which the final rule is issued. (2) Phase-in priorities.--In establishing the phase-in period of the rearward visibility safety standards required under subsection (b), the Secretary shall consider whether to require the phase-in according to different types of motor vehicles based on data demonstrating the frequency by which various types of motor vehicles have been involved in backing incidents resulting in injury or death. If the Secretary determines that any type of motor vehicle should be given priority, the Secretary shall issue regulations that specify-- (A) which type or types of motor vehicles shall be phased- in first; and (B) the percentages by which such motor vehicles shall be phased-in. (d) Preventing Motor Vehicles From Rolling Away.-- (1) Requirement.--Each motor vehicle with an automatic transmission that includes a ``park'' position manufactured for sale after September 1, 2010, shall be equipped with a system that requires the service brake to be depressed before the transmission can be shifted out of ``park''. This system shall function in any starting system key position in which the transmission can be shifted out of ``park''. (2) Treatment as motor vehicle safety standard.--A violation of paragraph (1) shall be treated as a violation of a motor vehicle safety standard prescribed under section 30111 of title 49, United States Code, and shall be subject to enforcement by the Secretary under chapter 301 of such title. (3) Publication of noncompliant vehicles.-- (A) Information submission.--Not later than 60 days after the date of the enactment of this Act, for the current model year and annually thereafter through 2010, each motor vehicle manufacturer shall transmit to the Secretary the make and model of motor vehicles with automatic transmissions that include a ``park'' position that do not comply with the requirements of paragraph (1). (B) Publication.--Not later than 30 days after receiving the information submitted under subparagraph (A), the Secretary shall publish and otherwise make available to the public through the Internet and other means the make and model of the applicable motor vehicles that do not comply with the requirements of paragraph (1). Any motor vehicle not included in the publication under this subparagraph shall be presumed to comply with such requirements. (e) Definition of Motor Vehicle.--As used in this Act and for purposes of the motor vehicle safety standards described in subsections (a) and (b), the term ``motor vehicle'' has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include-- (1) a motorcycle or trailer (as such terms are defined in section 571.3 of title 49, Code of Federal Regulations); or (2) any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight. (f) Database on Injuries and Deaths in Nontraffic, Noncrash Events.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall establish and maintain a database of injuries and deaths in nontraffic, noncrash events involving motor vehicles. (2) Contents.--The database established pursuant to paragraph (1) shall include information regarding-- (A) the number, types, and causes of injuries and deaths resulting from the events described in paragraph (1); (B) the make, model, and model year of motor vehicles involved in such events, when practicable; and (C) other variables that the Secretary determines will enhance the value of the database. (3) Availability.--The Secretary shall make the information contained in the database established pursuant to paragraph (1) available to the public through the Internet and other means. SEC. 3. CHILD SAFETY INFORMATION PROGRAM. (a) In General.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall provide information about hazards to children in nontraffic, noncrash incident situations by-- (1) supplementing an existing consumer information program relating to child safety; or (2) creating a new consumer information program relating to child safety. (b) Program Requirements.--In carrying out the program under subsection (a), the Secretary shall-- (1) utilize information collected pursuant to section 2(f) regarding nontraffic, noncrash injuries, and other relevant data the Secretary considers appropriate, to establish priorities for the program; (2) address ways in which parents and caregivers can reduce risks to small children arising from back over incidents, hyperthermia in closed motor vehicles, accidental actuation of power windows, and any other risks the Secretary determines should be addressed; and (3) make information related to the program available to the public through the Internet and other means. SEC. 4. DEADLINES. If the Secretary determines that the deadlines applicable under this Act cannot be met, the Secretary shall-- (1) establish new deadlines; and (2) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the new deadlines and describing the reasons the deadlines specified under this Act could not be met. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Cameron Gulbransen Kids Transportation Safety Act of 2007 or the K.T. Safety Act of 2007 - Directs the Secretary of Transportation to initiate a rulemaking for motor vehicles to require: (1) automatic reversal of direction by power windows and panels when they detect an obstruction; (2) an expanded rearward field of view to prevent backing incidents; and (3) automatic transmissions to have an anti-rollaway system that requires the service brake to be depressed before the transmission can be shifted out of park, which shall function in any starting system key position in which the transmission can be shifted out of park. Requires the Secretary, if it is determined that no additional safety standards are reasonable and appropriate, to: (1) report to Congress the reason such standards were not prescribed; and (2) make available to the public information on which vehicles are or are not equipped with automatic reversal of direction by power windows and panels when they detect an obstruction. Provides a phase-in period for the power window and rearward visibility provisions. Requires: (1) motor vehicle manufacturers for each year through 2010 to transmit to the Secretary the make and model of motor vehicles with automatic transmissions that do not have an anti-rollaway system; and (2) the Secretary to make such information available to the public. Requires the Secretary to: (1) establish and maintain a database of injuries and deaths in nontraffic, noncrash motor vehicle events; (2) supplement an existing consumer information program on child safety or create a new program with information about hazards to children in nontraffic, noncrash incident situations; and (3) make such information available to the public.

To direct the Secretary of Transportation to issue regulations to reduce the incidence of child injury and death occurring inside or outside of light motor vehicles, and for other purposes.

SECTION 1. PROHIBITING TAX STATUS FROM BEING ASSIGNED BASED ON POLITICAL BELIEFS AND ACTIVITIES. (a) Findings.--Congress finds the following: (1) The income tax system of the United States relies on voluntary compliance by taxpayers. (2) The filing of tax returns and other tax-related documents with the Internal Revenue Service often requires the submission of information to the Federal Government that taxpayers would otherwise consider private. (3) To ensure widespread voluntary compliance by taxpayers, the American public must have absolute trust that the Internal Revenue Service is acting in a non-partisan manner. (4) Taxpayers must be ensured that their treatment by the Internal Revenue Service will not be based on race, national origin, gender, sexual orientation, religious beliefs, or political creed, including their support for or opposition to any Government policies. (5) The confidence of taxpayers in the system of taxation in the United States is compromised when the Internal Revenue Service is required to assign tax treatment based on political beliefs or activities. (6) The targeting of certain individuals and groups by the Internal Revenue Services based on their political beliefs and activities must be stopped, and to ensure the integrity of the income tax system of the United States, the Internal Revenue Service should be removed from evaluating the political activities of any individuals or organizations. (b) Political Organizations.--Paragraph (1) of section 527(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Political organization.--The term `political organization' means a party, committee, association, fund, or other organization (whether or not incorporated)-- ``(A) which is registered as a political committee with the Federal Election Commission, ``(B) has been determined, pursuant to proceedings under section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) or by a court of law, to be a political committee, as defined under section 301(4) of such Act (2 U.S.C. 431(4)), or ``(C) which is organized and operated primarily for the purposes of directly or indirectly accepting contributions or making expenditures, or both, for influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office and-- ``(i) is not required to register with the Federal Election Commission, and ``(ii) is required to register with the appropriate State agency as a political committee.''. (c) Tax-Exempt Organizations.--Section 501 of such Code is amended-- (1) by redesignating subsection (s) as subsection (t), and (2) by inserting after subsection (r) the following new subsection: ``(s) Promotion of Social Welfare.-- ``(1) In general.--For purposes of paragraph (4)(A) of subsection (c), the term `promotion of social welfare' shall include-- ``(A) any political activity in furtherance of American democracy, provided that such activities do not exceed 50 percent of the organization's total activities (not including activities performed on a volunteer basis), ``(B) any activities for the purpose of educating individuals on issues of public importance and on the behavior of public officials, including participation in ballot initiatives and referenda, and ``(C) any activity described in clauses (i), (ii), (iii), and (v) of section 301(9)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)). ``(2) Political activity in furtherance of american democracy.--For purposes of this subsection, the term `political activity in furtherance of American democracy' shall include any activity described in subparagraph (A) of section 301(9) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)). ``(3) Rule of construction.--Nothing in this subsection shall be construed to exempt an organization from satisfying any applicable requirements for filing as a political committee pursuant to the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).''.

Amends the Internal Revenue Code, with respect to the tax exemption of political organizations, to revise the definition of "political organization" to mean a party, committee, association, fund, or other organization (whether or not incorporated) that: (1) is registered as a political committee with the Federal Election Commission (FEC); (2) has been determined to be a political committee in administrative or judicial proceedings; or (3) is organized and operated primarily to accept contributions or make expenditures to influence, or attempt to influence, the selection, nomination, election, or appointment of any individual to state or local public office, is not required to register with the FEC, and is required to register with the appropriate state agency as a political committee. Defines "promotion of social welfare," for purposes of the tax-exemption for social welfare organizations, to include: (1) any political activity in furtherance of American democracy, provided that such activities do not exceed 50% of the organization's total activities; (2) any activities for educating individuals on issues of public importance and on the behavior of public officials, including participation in ballot initiatives and referenda; and (3) certain activities described in the Federal Election Campaign Act of 1971 as not being expenditures for political purposes.                              

To prohibit the Department of the Treasury from assigning tax statuses to organizations based on their political beliefs and activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Minimum Payment Warning Act of 2005''. SEC. 2. ENHANCED CONSUMER DISCLOSURES REGARDING MINIMUM PAYMENTS. Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following: ``(11)(A) Information regarding repayment of the outstanding balance of the consumer under the account, appearing in conspicuous type on the front of the first page of each such billing statement, and accompanied by an appropriate explanation, containing-- ``(i) the words `Minimum Payment Warning: Making only the minimum payment will increase the amount of interest that you pay and the time it will take to repay your outstanding balance.'; ``(ii) the number of years and months (rounded to the nearest month) that it would take for the consumer to pay the entire amount of that balance, if the consumer pays only the required minimum monthly payments; ``(iii) the total cost to the consumer, shown as the sum of all principal and interest payments, and a breakdown of the total costs in interest and principal, of paying that balance in full if the consumer pays only the required minimum monthly payments, and if no further advances are made; ``(iv) the monthly payment amount that would be required for the consumer to eliminate the outstanding balance in 36 months if no further advances are made; and ``(v) a toll-free telephone number at which the consumer may receive information about accessing credit counseling and debt management services. ``(B)(i) Subject to clause (ii), in making the disclosures under subparagraph (A) the creditor shall apply the interest rate in effect on the date on which the disclosure is made. ``(ii) If the interest rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision specifying a subsequent interest rate or applying an index or formula for subsequent interest rate adjustment, the creditor shall apply the interest rate in effect on the date on which the disclosure is made for as long as that interest rate will apply under that contractual provision, and then shall apply the adjusted interest rate, as specified in the contract. If the contract applies a formula that uses an index that varies over time, the value of such index on the date on which the disclosure is made shall be used in the application of the formula.''. SEC. 3. ACCESS TO CREDIT COUNSELING AND DEBT MANAGEMENT INFORMATION. (a) Guidelines Required.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Board of Governors of the Federal Reserve System and the Federal Trade Commission (in this section referred to as the ``Board'' and the ``Commission'', respectively) shall jointly, by rule, regulation, or order, issue guidelines for the establishment and maintenance by creditors of a toll-free telephone number for purposes of the disclosures required under section 127(b)(11) of the Truth in Lending Act, as added by this Act. (2) Approved agencies.--Guidelines issued under this subsection shall ensure that referrals provided by the toll- free number include only those agencies approved by the Board and the Commission as meeting the criteria under this section. (b) Criteria.--The Board and the Commission shall only approve a nonprofit budget and credit counseling agency for purposes of this section that-- (1) demonstrates that it will provide qualified counselors, maintain adequate provision for safekeeping and payment of client funds, provide adequate counseling with respect to client credit problems, and deal responsibly and effectively with other matters relating to the quality, effectiveness, and financial security of the services it provides; (2) at a minimum-- (A) is registered as a nonprofit entity under section 501(c) of the Internal Revenue Code of 1986; (B) has a board of directors, the majority of the members of which-- (i) are not employed by such agency; and (ii) will not directly or indirectly benefit financially from the outcome of the counseling services provided by such agency; (C) if a fee is charged for counseling services, charges a reasonable and fair fee, and provides services without regard to ability to pay the fee; (D) provides for safekeeping and payment of client funds, including an annual audit of the trust accounts and appropriate employee bonding; (E) provides full disclosures to clients, including funding sources, counselor qualifications, possible impact on credit reports, any costs of such program that will be paid by the client, and how such costs will be paid; (F) provides adequate counseling with respect to the credit problems of the client, including an analysis of the current financial condition of the client, factors that caused such financial condition, and how such client can develop a plan to respond to the problems without incurring negative amortization of debt; (G) provides trained counselors who-- (i) receive no commissions or bonuses based on the outcome of the counseling services provided; (ii) have adequate experience; and (iii) have been adequately trained to provide counseling services to individuals in financial difficulty, including the matters described in subparagraph (F); (H) demonstrates adequate experience and background in providing credit counseling; (I) has adequate financial resources to provide continuing support services for budgeting plans over the life of any repayment plan; and (J) is accredited by an independent, nationally recognized accrediting organization.

Credit Card Minimum Payment Warning Act of 2005 - Amends the Truth in Lending Act to include among the mandatory disclosures at each billing cycle of open end consumer credit plans: (1) the words "Minimum Payment Warning: Making only the minimum payment will increase the amount of interest that you pay and the time it will take to repay your outstanding balance;" (2) the number of years and months it would take the consumer to pay the entire amount of the balance if the consumer pays only the required minimum monthly payments; (3) the total cost to the consumer, as well as a breakdown in principal and interest payments, of paying that balance in full if the consumer pays only the required minimum monthly payments, and if no further advances are made; (4) the monthly payment amount that would be required to eliminate the outstanding balance in 36 months if no further advances are made; and (5) a toll-free telephone number for information about accessing credit counseling and debt management services. Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to issue jointly guidelines for creditors to establish and maintain a toll-free telephone number for such disclosures.

A bill to require enhanced disclosure to consumers regarding the consequences of making only minimum required payments in the repayment of credit card debt, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Carriers and Mass Transportation Protection Act of 2004''. SEC. 2. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS. (a) In General.--Chapter 97 of title 18, United States Code, is amended by striking sections 1992 through 1993 and inserting the following: ``Sec. 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air ``(a) General Prohibitions.--Whoever, in a circumstance described in subsection (c), knowingly-- ``(1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle; ``(2) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier-- ``(A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or ``(B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier or mass transportation provider; ``(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any-- ``(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; ``(B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or ``(4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway- railroad grade crossing warning signal, without authorization from the rail carrier or mass transportation provider; ``(5) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment or a mass transportation vehicle; ``(6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier or mass transportation provider that is used for railroad or mass transportation purposes; ``(7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or ``(8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (8); shall be fined under this title or imprisoned not more than 20 years, or both. ``(b) Aggravated Offense.--Whoever commits an offense under subsection (a) of this section in a circumstance in which-- ``(1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense; ``(2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; ``(3) the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that-- ``(A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and ``(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or ``(4) the offense results in the death of any person; shall be fined under this title or imprisoned for any term of years or life, or both. In the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), the offender shall be fined under this title and imprisoned for life and be subject to the death penalty. ``(c) Circumstances Required for Offense.--A circumstance referred to in subsection (a) is any of the following: ``(1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce. ``(2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense. ``(d) Nonapplicability.--Subsection (a) does not apply to the conduct with respect to a destructive substance or destructive device that is also classified under chapter 51 of title 49 as a hazardous material in commerce if the conduct-- ``(1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter, or ``(2) constitutes a violation, other than a criminal violation, of chapter 51 of title 49 or a regulation or order issued under that chapter. ``(e) Definitions.--In this section-- ``(1) the term `biological agent' has the meaning given to that term in section 178(1); ``(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2\1/2\ inches in length and a box cutter; ``(3) the term `destructive device' has the meaning given to that term in section 921(a)(4); ``(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; ``(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49; ``(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)); ``(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes school bus, charter, and sightseeing transportation; ``(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways; ``(9) the term `railroad on-track equipment' means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; ``(10) the term `railroad' has the meaning given to that term in chapter 201 of title 49; ``(11) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49; ``(12) the term `serious bodily injury' has the meaning given to that term in section 1365; ``(13) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)); ``(14) the term `State' has the meaning given to that term in section 2266; ``(15) the term `toxin' has the meaning given to that term in section 178(2); and ``(16) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.''. (b) Conforming Amendments.-- (1) The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended-- (A) by striking ``RAILROADS'' in the chapter heading and inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR''; (B) by striking the items relating to sections 1992 and 1993; and (C) by inserting after the item relating to section 1991 the following: ``1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.''. (2) The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following: ``97. Railroad carriers and mass transportation systems on 1991''. land, on water, or through the air. (3) Title 18, United States Code, is amended-- (A) in section 2332b(g)(5)(B)(i), by striking ``1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),''; (B) in section 2339A, by striking ``1993,''; and (C) in section 2516(1)(c) by striking ``1992 (relating to wrecking trains),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),''.

Railroad Carriers and Mass Transportation Protection Act of 2004 - Amends the Federal criminal code to rewrite provisions prohibiting acts of destruction and violence against trains, railroad equipment and structures, and the mass transportation system to: (1) correspond with current prohibitions against acts of violence against the mass transportation system; (2) apply such provisions to acts committed knowingly (currently, willfully); and (3) add as an aggravated offense the commission of such prohibited act under circumstances in which the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste, spent nuclear fuel, or specified hazardous material.

To amend title 18, United States Code, to combat terrorism against railroad carriers and mass transportation systems on land, on water, or through the air, and for other purposes.