FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. IMMIGRATION PROVISIONS. (a) Nonimmigrant Aliens Ineligible To Receive Visas and Excluded From Admission for Nonpayment of Child Support.-- (1) In general.--Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following: ``(F) Nonpayment of child support.-- ``(i) In general.--Any nonimmigrant alien is inadmissible who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act), and whose failure to pay such child support has resulted in an arrearage exceeding $2,500, until child support payments under the judgment, decree, or order are satisfied or the nonimmigrant alien is in compliance with an approved payment agreement. ``(ii) Waiver authorized.--The Attorney General may waive the application of clause (i) in the case of an alien, if the Attorney General-- ``(I) has received a request for the waiver from the court or administrative agency having jurisdiction over the judgment, decree, or order obligating the alien to pay child support that is referred to in such clause; or ``(II) determines that there are prevailing humanitarian or public interest concerns.''. (2) Effective date.--The amendment made by this subsection shall take effect 180 days after the date of the enactment of this Act. (b) Authorization To Serve Legal Process in Child Support Cases on Certain Arriving Aliens.-- (1) In general.--Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1225(d)) is amended by adding at the end the following: ``(5) Authority to serve process in child support cases.-- ``(A) In general.--To the extent consistent with State law, immigration officers are authorized to serve on any alien who is an applicant for admission to the United States legal process with respect to any action to enforce or establish a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act). ``(B) Definition.--For purposes of subparagraph (A), the term `legal process' means any writ, order, summons or other similar process, which is issued by-- ``(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or ``(ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law.''. (2) Effective date.--The amendment made by this subsection shall apply to aliens applying for admission to the United States on or after 180 days after the date of the enactment of this Act. (c) Authorization To Share Child Support Enforcement Information To Enforce Immigration and Naturalization Law.-- (1) Secretarial responsibility.--Section 452 of the Social Security Act (42 U.S.C. 652) is amended by adding at the end the following: ``(m) If the Secretary receives a certification by a State agency, in accordance with section 454(34), that an individual who is a nonimmigrant alien (as defined in section 101(a)(15) of the Immigration and Nationality Act) owes arrearages of child support in an amount exceeding $2,500, the Secretary may, at the request of the State agency, the Secretary of State, or the Attorney General, or on the Secretary's own initiative, provide such certification to the Secretary of State and the Attorney General information in order to enable them to carry out their responsibilities under sections 212(a)(10) and 235(d) of such Act.''. (2) State agency responsibility.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (A) by striking ``and'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``; and''; and (C) by inserting after paragraph (33) the following: ``(34) provide that the State agency will have in effect a procedure for certifying to the Secretary, in such format and accompanied by such supporting documentation as the Secretary may require, determinations that nonimmigrant aliens owe arrearages of child support in an amount exceeding $2,500.''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall take effect on October 1, 2004, and, except as provided in subparagraph (B) of this paragraph, the amendments made by paragraph (2) shall apply to payments under part D of title IV of the Social Security Act for calendar quarters beginning on or after such date. (B) Delay permitted if state legislation required.--In the case of a State plan approved under section 454 of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by paragraph (2) of this subsection, the State plan shall not be regarded as failing to comply with the requirements of such section 454 solely on the basis of the failure of the plan to meet such additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Amends the Immigration and Nationality Act to make nonpayment of child support (in excess of $2,500 in arrearage) a grounds for excluding an alien from United States entry.Authorizes under specified circumstances: (1) immigration officers to serve process in child support cases on an arriving alien; and (2) the Secretary of Health and Human Services to share immigration-related child support enforcement information with the Secretary of State or the Attorney General.

To prevent nonimmigrant aliens who are delinquent in child support payments from gaining entry into the United States.

SECTION 1. ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL ELECTRICITY AND NATURAL GAS DISTRIBUTORS. Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end the following: ``SEC. 610. ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL ELECTRICITY AND NATURAL GAS DISTRIBUTORS. ``(a) Definitions.--In this section: ``(1) Base quantity.--The term `base quantity', with respect to a retail electricity or natural gas distributor, means the total quantity of electric energy or natural gas delivered by the retail electricity or natural gas distributor to retail customers (other than to an electricity distributor for purposes of electric generation) during the most recent calendar year for which information is available. ``(2) CHP savings.-- ``(A) In general.--The term `CHP savings' means the increment of electric output of a new combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs), as determined in accordance with such regulations as the Secretary may promulgate. ``(B) Related definition.--For purposes of subparagraph (A), the term `new combined heat and power system' means a system that uses the same energy source for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, if-- ``(i) the facility at which the system is used meets such requirements relating to efficiency and other operating characteristics as the Secretary may promulgate by regulation; ``(ii) the net wholesale sales of electricity by the facility will not exceed 50 percent of total annual electric generation by the facility; and ``(iii) the facility commences operation after June 30, 2007. ``(3) Customer facility savings.--The term `customer facility savings' means a reduction in end-use electricity or natural gas consumption (including recycled energy savings) at a facility of an end-use consumer of electricity or natural gas served by a retail electricity or natural gas distributor, as compared to-- ``(A) consumption at that facility during a base year; ``(B) in the case of new equipment, regardless of whether the new equipment replaces existing equipment at the end of the useful life of the existing equipment, consumption by the new equipment of average efficiency; or ``(C) in the case of a new facility, consumption at a reference facility. ``(4) Electricity savings.--The term `electricity savings' means, as determined in accordance with such regulations as the Secretary may promulgate-- ``(A) customer facility savings of electricity consumption, adjusted to reflect any associated increase in fuel consumption at the facility; ``(B) reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses attributable to new or replacement distribution system equipment of average efficiency (as defined in regulations to be promulgated by the Secretary); and ``(C) CHP savings. ``(5) Natural gas savings.--The term `natural gas savings' means, as determined in accordance with such regulations as the Secretary may promulgate-- ``(A) customer facility savings of natural gas, adjusted to reflect any associated increase in electricity consumption at the facility; and ``(B) reductions in leakage, operational losses, and gas fuel consumption in the operation of a gas distribution system achieved by a retail gas distributor, as compared to similar losses during a base year. ``(6) Recycled energy savings.--The term `recycled energy savings' means a reduction in electricity or natural gas consumption that is attributable to electrical or mechanical power (or both), or thermal energy, produced by modifying an industrial or commercial system that was in operation before July 1, 2007, in order to recapture energy that would otherwise be wasted. ``(7) Retail electricity or natural gas distributor.--The term `retail electricity or natural gas distributor' means a person or Federal or State agency that-- ``(A) owns or operates an electric or natural gas distribution facility; and ``(B) using the facility, delivers to consumers of the energy that are not affiliated with, and that are not lessees or tenants of, the person or agency, during the most recent calendar year for which data are available-- ``(i) more than 800,000 megawatt hours of electricity; or ``(ii) more than 1,000,000,000 cubic feet of natural gas. ``(8) Verified electricity or natural gas savings.--The term `verified electricity or natural gas savings' means electricity savings or natural gas savings that meet the requirements of subsection (c). ``(b) Performance Standard.-- ``(1) In general.--For calendar year 2010, and each calendar year thereafter, each retail electricity or natural gas distributor shall submit to the Secretary, by not later than March 31 of the calendar year after the applicable calendar year, a number of credits issued under subsection (d) equal to the following percentages of the base quantity of the retail electricity or natural gas distributor applicable to the calendar year: ------------------------------------------------------------------------ Electricity Year Credits (%) Natural Gas Credits (%) ------------------------------------------------------------------------ 2010 0.5 0.3 ------------------------------------------------------------------------ 2011 1.25 0.6 ------------------------------------------------------------------------ 2012 2.0 1.0 ------------------------------------------------------------------------ 2013 3.0 1.5 ------------------------------------------------------------------------ 2014 4.0 2.0 ------------------------------------------------------------------------ 2015 5.0 2.5 ------------------------------------------------------------------------ 2016 6.0 3.0 ------------------------------------------------------------------------ 2017 7.0 3.5 ------------------------------------------------------------------------ 2018 8.0 4.0 ------------------------------------------------------------------------ 2019 9.0 4.5 ------------------------------------------------------------------------ 2020 10.0 5.0 ------------------------------------------------------------------------ ``(2) Subsequent calendar years.--For calendar year 2021 and each calendar year thereafter, each retail electricity or natural gas distributor shall submit to the Secretary, by not later than March 31 of the calendar year after the applicable calendar year, a number of credits issued under subsection (d) equal to such a percentage of the base quantity of the retail electricity or natural gas distributor as the Secretary may determine, by regulation, but in no case less than the applicable percentage for calendar year 2020. ``(c) Measurement and Verification of Savings.--Not later than June 30, 2009, the Secretary shall promulgate regulations regarding measurement and verification of electricity and natural gas savings under this section, including-- ``(1) procedures and standards for defining and measuring electricity savings and natural gas savings that will be eligible to receive credits under subsection (d)(2), which shall-- ``(A) specify the types of energy efficiency and energy conservation measures that will be eligible for the credits; ``(B) require that energy consumption estimates for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area; ``(C) account for the useful life of electricity savings measures; ``(D) include deemed savings values for specific, commonly-used efficiency measures; ``(E) specify the extent to which electricity savings and natural gas savings attributable to measures carried out before July 1, 2007, are eligible to receive credits under this section; and ``(F) exclude savings that-- ``(i) are not properly attributable to measures carried out by the entity seeking the credit (or a designated agent of the entity); or ``(ii) have already been credited under this section to another entity; and ``(2) procedures and standards for third-party verification of reported electricity savings or natural gas savings. ``(d) Credit and Trading System.-- ``(1) Credit regulations.-- ``(A) In general.--Not later than June 30, 2009, the Secretary shall promulgate regulations regarding-- ``(i) the issuance of credits under this section; ``(ii) a national credit trading system; and ``(iii) a system for independent monitoring of the market for the credits. ``(B) Limitations.--In promulgating regulations under subparagraph (A), the Secretary may establish such limitations as the Secretary determines to be appropriate with respect to the extent to which a retail electricity or natural gas distributor may achieve compliance with subsection (b) by submitting credits issued for electricity or natural gas savings that are not customer facility savings at a facility served by the retail electricity or natural gas distributor. ``(C) Requirement.--In promulgating regulations under subparagraph (A), the Secretary shall provide for the issuance of appropriate credits for the mechanical output of new combined heat and power systems. ``(2) Issuance of credits.--In accordance with the regulations promulgated under paragraph (1), the Secretary shall issue credits for-- ``(A) verified electricity and natural gas savings achieved by a retail electricity or natural gas distributor in a certain calendar year; and ``(B) verified electricity and natural gas savings achieved by other entities (including State agencies), if-- ``(i)(I) no retail electricity or natural gas distributor paid a substantial portion of the cost of achieving the savings; or ``(II) if a retail electricity or natural gas distributor paid a substantial portion of the cost of achieving the savings, the retail electricity or natural gas distributor has waived any entitlement to the credit; and ``(ii) the measures used to achieve the verified electricity and natural gas savings were installed or placed in operation by the entity seeking certification (or a designated agent of the entity). ``(3) Value of credits.--A credit issued by the Secretary under this subsection shall have a value of-- ``(A) 1,000 kilowatt-hours, in the case of an electricity savings credit; or ``(B) 10 therms, in the case of a natural gas savings credit. ``(4) Fee.-- ``(A) In general.--Subject to subparagraph (B), the Secretary shall charge the recipient of a credit under this section a fee in an amount equal to, as determined by the Secretary, the administrative costs of issuing, recording, monitoring the sale or exchange of, and receiving the credit. ``(B) Maximum amount.--Notwithstanding subparagraph (A), the amount of a fee under this paragraph shall be not more than, as applicable-- ``(i) $1 for a electric credit; or ``(ii) $0.10 for a natural gas credit. ``(C) Use of funds.--The Secretary shall use fees received under this paragraph for the administrative costs of carrying out this subsection. ``(5) Credit sale and use.--In accordance with regulations promulgated under paragraph (1), any entity that receives a credit under this section may-- ``(A) sell or transfer the credit to any other entity; or ``(B) use the credit to achieve compliance with the performance standard under subsection (b). ``(e) Buyout Option.--In lieu of submitting credits to achieve compliance with an applicable performance standard under subsection (b) for a calendar year, a retail electricity or natural gas distributor may pay to the Secretary, by not later than March 31 of the following calendar year, a buyout fee in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate-- ``(1) $20 for each electricity savings credit otherwise required to be submitted by the retail electricity or natural gas distributor; or ``(2) $2 for each natural gas savings credit otherwise required to be submitted by the retail electricity or natural gas distributor. ``(f) State Administration.--On receipt of an application from the Governor of a State, the Secretary may authorize the State to administer and enforce an energy efficiency program in the State in lieu of the program under this section, if the Secretary determines that the State program will achieve electricity savings and natural gas savings at least equivalent to the electricity savings and natural gas savings that would be required to be achieved by electricity and natural gas distributors in the State under this section. ``(g) Information and Reports.--In accordance with section 13 of the Federal Energy Administration Act of 1974 (15 U.S.C. 774), the Secretary may require any retail electricity or natural gas distributor or other entity that receives a credit under this section, and any other entity as the Secretary determines to be necessary, to provide such information and reports, and access to any records or facility of the entity, as the Secretary determines to be appropriate to carry out this section. ``(h) Enforcement.-- ``(1) Failure to submit credits.--Except in a case in which a State program is carried out in lieu of the program under this section under subsection (f), if a retail electricity or natural gas distributor fails to submit to the Secretary any credit required for compliance with the applicable performance standard under subsection (b), or to pay to the Secretary an applicable buyout payment under subsection (e), the Secretary shall assess against the retail electricity or natural gas distributor a civil penalty for each such failure in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate-- ``(A) $100 for each electricity savings credit or buyout payment failed to be made by the retail electricity or natural gas distributor; or ``(B) $10 for each natural gas savings credit or buyout payment failed to be made by the retail electricity or natural gas distributor. ``(2) Procedure.--The procedures under section 31(c) of the Federal Power Act (16 U.S.C. 823b(c)) shall apply to a civil penalty assessed under paragraph (1). ``(i) State Law.--Nothing in this section supersedes or otherwise affects any State or local law (including regulations) relating to electricity savings or natural gas savings, to the extent that the State or local law requires equal or greater electricity savings or natural gas saving than the savings required by this section.''.

Amends the Public Utility Regulatory Policies Act of 1978 to require the Secretary of Energy to promulgate regulations regarding: (1) the issuance of credits for electricity and natural gas savings; (2) a national credit trading system; and (3) a system for independent monitoring of the market for such credits. Requires retail electricity or natural gas distributors to submit annually to the Secretary: (1) for each of calendar years 2010-2020 a number of credits equal to specified percentages of the base quantity of electricity or natural gas they delivered to retail customers in the most recent year; and (2) for 2021 and thereafter a number of credits equal to a percentage of such base quantity as the Secretary may determine, but in no case less than the percentage for 2020. Requires the Secretary to: (1) promulgate regulations regarding measurement and verification of electricity and natural gas savings under this Act; and (2) issue credits for verified savings by such distributors and by other entities. Establishes credit values of: (1) 1,000 kilowatt-hours of electricity; and (2) 10 therms of natural gas. Authorizes any entity that receives a credit to: (1) sell or transfer the credit to any other entity; or (2) use the credit to achieve compliance with submission requirements under this Act. Authorizes a distributor to pay the Secretary a buyout fee of $20 for each electricity savings credit or $2 for each natural gas savings credit in lieu of submitting credits. Provides for: (1) state energy efficiency programs in lieu of the program under this Act; and (2) civil penalties for failure to comply with credit submission or buyout requirements.

A bill to amend the Public Utility Regulatory Policies Act of 1978 to establish an energy efficiency resource standard for retail electricity and natural gas distributors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ozone and Particulate Matter Research Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 101-549 (commonly known as the ``Clean Air Act Amendments of 1990'') (104 Stat. 2399) established a number of measures and programs that address ozone and particulate matter pollution and the precursors to ozone and particulate matter pollution; (2) most of the measures and programs are continuing or have yet to be implemented; (3) the United States has made significant progress on reducing atmospheric levels of ozone and particulate matter since passage of Public Law 101-549 and will continue to make significant progress in reducing atmospheric levels of ozone and particulate matter through continued implementation of that Act for the next 5 years; (4) changing the current national ambient air quality standard for ozone, which is explicitly incorporated into part D of title I of the Clean Air Act (42 U.S.C. 7501 et seq.), could nullify many of the ozone provisions in Public Law 101- 549 and lead to disruptions and delays in the reduction of ozone and the precursors to ozone; (5) the Administrator of the Environmental Protection Agency and the Clean Air Scientific Advisory Committee have recommended that additional research be conducted to determine any adverse health effects of fine particles (including research on the biological mechanism for adverse health effects, toxicity and dose response levels, and specification of the size and type of particle that might have adverse health effects); and (6) currently available atmospheric data regarding fine particle levels in the United States are inadequate to provide an understanding of any adverse health effects of fine particles or a basis for designating areas under title I of the Clean Air Act (42 U.S.C. 7401 et seq.). SEC. 3. PARTICULATE MATTER RESEARCH PROGRAM. (a) Independent Panel.-- (1) In general.--The Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall request the National Academy of Sciences to convene an independent panel of scientists with expertise on the health effects of air pollution to establish priorities for research on the health effects of particulate matter. (2) Report.--Not later than February 1, 1998, the Administrator shall report to Congress the recommendations of the independent panel. (b) Research Priorities.--At a minimum, the independent panel shall consider-- (1) the sizes and physical-chemical characteristics of the constituents of particulate matter; (2) the health effects of individual exposure to concentrations of fine particulate matter at ambient levels verses indoor levels; (3) the identification and evaluation of biological mechanisms for fine particulate matter as related to life shortening, acute mortality, and morbidity; (4) controlled inhalation exposure as a determinant of dose-response relationships; and (5) long-term health effect evaluations examining individual exposure to fine particulate matter, other particulate indicators, and other copollutants and airborne allergens. (c) Interagency Committee.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the President shall establish a committee to be known as the ``Particulate Matter Interagency Committee'' (referred to in this Act as the ``Interagency Committee''). (2) Purposes.--The Interagency Committee shall-- (A) not later than 180 days after the date of enactment of this Act, develop recommendations for a program to coordinate the activities of Federal agencies engaged in research on human health effects of particulate matter that ensures that the research advances the prioritized agenda of the independent panel; and (B) monitor, review, and periodically evaluate the program. (2) Composition of interagency committee.-- (A) Membership.--The Interagency Committee shall be composed of 8 members, of whom-- (i) 1 shall be appointed by the Administrator; (ii) 1 shall be appointed by the Secretary of Agriculture; (iii) 1 shall be appointed by the Secretary of Defense; (iv) 1 shall be appointed by the Secretary of Energy; (v) 1 shall be appointed by the Secretary of Health and Human Services; (vi) 1 shall be appointed by the Director of the National Institute of Environmental Health Sciences; (vii) 1 shall be appointed by the Director of the National Institute of Standards and Technology; and (viii) 1 shall be appointed by the Director of the Office of Science and Technology Policy. (B) Chairperson.--The Interagency Committee shall elect a chairperson from among its members appointed under clauses (ii) through (viii) of subparagraph (A) who shall be responsible for ensuring that the duties of the Interagency Committee are carried out. (C) Staff.--Members of the Interagency Committee shall provide appropriate staff to carry out the duties of the Interagency Committee. (d) Report to Interagency Committee.-- (1) In general.--The Administrator shall request the National Academy of Sciences to periodically submit to the Interagency Committee, the Clean Air Science Advisory Committee, and Congress a report that evaluates the prioritized research activities under the program described in subsection (c)(2)(A). (2) Expenses.--The Administrator shall be responsible for expenses incurred by the National Academy of Sciences in carrying out paragraph (1). SEC. 4. SCIENCE REVIEW. No earlier than 4 years after the date of enactment of this Act, the Administrator shall-- (1) complete a thorough review of the air quality criteria published under section 108 of the Clean Air Act (42 U.S.C. 7408) for ozone and fine particulate matter and a thorough review of the standards in effect under that Act for ozone and particulate matter; and (2) determine, in accordance with section 108 and 109 of that Act (42 U.S.C. 7408, 7409), whether to-- (A) retain the criteria and standards in effect under that Act for ozone and particulate matter; (B) make revisions in the criteria and standards; or (C) promulgate new criteria and standards. SEC. 5. PARTICULATE MONITORING PROGRAM. (a) In General.--The Administrator may require State implementation plans to require ambient air quality monitoring for fine particulate matter pursuant to section 110(a)(2)(B) of the Clean Air Act (42 U.S.C. 7410(a)(2)(B)). (b) Grants.--The Administrator shall make grants to States to carry out monitoring required under subsection (a). SEC. 6. REINSTATEMENT OF STANDARDS. (a) In General.--The national ambient air quality standards for ozone and particulate matter under section 109 of the Clean Air Act (42 U.S.C. 7409), as in effect on July 15, 1997, are reinstated. (b) Revision of Standards.--The national ambient air quality standards for ozone and particulate matter reinstated under subsection (a) shall not be revised until completion of the scientific review under section 4. SEC. 7. OZONE RESEARCH. The National Institutes of Health is directed to begin a research program to study the health effects of allergens on asthmatics, particularly in regards to urban inner city areas. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out sections 1-6 of this Act $75,000,000 for each of fiscal years 1998 through 2002. There is authorized to be appropriated to carry out section 7 of this Act $25,000,000 for each of the fiscal years 1998 through 2002.

Ozone and Particulate Matter Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency to: (1) request the National Academy of Sciences to convene an independent panel of scientists with expertise on the health effects of air pollution to establish priorities for research on the health effects of particulate matter; and (2) report the panel's recommendations to the Congress. Requires the President to establish the Particulate Matter Interagency Committee to develop recommendations for, and periodically evaluate, a program to coordinate the activities of Federal agencies engaged in research on health effects of particulate matter that ensures that such research advances the prioritized agenda of the panel. Directs the Administrator to: (1) review the air quality criteria and standards under the Clean Air Act for ozone and particulate matter; and (2) determine whether to retain or revise such standards and criteria or promulgate new ones. Authorizes the Administrator to require State implementation plans under such Act to require ambient air quality monitoring for fine particulate matter. Provides for grants to States to carry out such monitoring. Reinstates the national ambient air quality standards for ozone and particulate matter in effect on July 15, 1997. Bars revision of such standards until the Administrator's scientific review under this Act is completed. Directs the National Institutes of Health to begin a research program to study the health effects of allergens on asthmatics, particularly in inner city areas. Authorizes appropriations.

Ozone and Particulate Matter Research Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul Wellstone Early Educator Loan Forgiveness Act''. SEC. 2. FINDINGS. Congress finds the following: (1)(A) The first 5 years of a child's life are a time of momentous change. (B) Research shows that a child's brain size doubles between birth and age 3. (2) New scientific research shows that the electrical activity of the brain cells actually changes the physical structure of the brain, and that without a stimulating environment, a baby's brain suffers. (3) Research also indicates that there is a connection between the cognitive, social, emotional, and physical stimulation young children receive from their early childhood teachers and caregivers and success in learning, school readiness, and intellectual growth. There are important short- and long-term effects of that stimulation on cognition and social development. (4) High quality early childhood education correlates with better language development, mathematics abilities, and social skills. (5) 11,900,000 children younger than age 5 spend part of their time with a child care provider other than a parent. By 2000, 64 percent of 3- to 5-year-olds were enrolled in some type of preschool program. Demand for child care is growing as more mothers enter the workforce. (6) Good quality child care, in a healthy and safe environment, with trained, caring providers who provide age- appropriate, developmentally appropriate, and effective activities, helps children grow and thrive. Recent research shows that most child care needs significant improvement. (7) Good quality child care depends largely on the provider, yet providers of child care earn on average $7.86 per hour, or $16,350 per year. Such earnings cause high annual turnover, up to 31 percent of the staff in some child care programs. High turnover affects the overall quality of a child care program and causes anxiety for children. (8) Children attending lower quality child care programs and child care programs with high staff turnover are less competent in language and social development than other children. (9) The quality of child care is primarily related to high staff-to-child ratios, staff education, professional development, and administrators' prior experience. In addition, certain characteristics distinguish poor, mediocre, and good quality child care programs, the most important of which are teacher wages, education, and specialized training. (10) Each State requires kindergarten teachers to hold at least a bachelor's degree and certificate in early childhood education. Only 20 States and the District of Columbia require teachers in prekindergarten programs to satisfy those requirements. Thirty States allow caregivers with no previous training to work in child care programs. SEC. 3. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS. Section 428K of the Higher Education Act of 1965 (20 U.S.C. 1078- 11) is amended to read as follows: ``SEC. 428K. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS. ``(a) Purposes.--The purposes of this section are-- ``(1) to bring more highly trained individuals into the early child care profession; and ``(2) to keep more highly trained child care providers in the early child care field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Child care facility.--The term `child care facility' means a facility, including a home, that-- ``(A) provides child care services; and ``(B) meets applicable State or local government licensing, certification, approval, or registration requirements, if any. ``(2) Child care services.--The term `child care services' means activities and services provided for the education and care of children from birth through age 5 by an individual who has a degree in early childhood education, including a preschool teacher. ``(3) Degree.--The term `degree' means an associate's or bachelor's degree awarded by an institution of higher education. ``(4) Early childhood education.--The term `early childhood education' means education in the area of early child development and education, or any other educational area related to early child development and education or child care, that the Secretary determines to be appropriate. ``(5) Eligible preschool program provider.--The term `eligible preschool program provider' means a preschool program provider serving children younger than the age of compulsory school attendance in the State that is-- ``(A) a public or private school; ``(B) a provider that is supported, sponsored, supervised, or administered by a local educational agency; ``(C) a Head Start agency designated under the Head Start Act (42 U.S.C. 9831 et seq.); ``(D) a nonprofit or community-based organization; or ``(E) a licensed child care center or family child care provider. ``(6) Institution of higher education.--Notwithstanding section 102, the term `institution of higher education' has the meaning given the term in section 101. ``(7) Preschool teacher.--The term `preschool teacher' means an individual-- ``(A) who has received at least an associate's degree in early childhood education and who is working toward or who has already received a bachelor's degree in early childhood education; and ``(B) who works for an eligible preschool program provider supporting the children's cognitive, social, emotional, and physical development to prepare the children for the transition to kindergarten. ``(c) Loan Forgiveness.-- ``(1) In general.--The Secretary may carry out a program of assuming the obligation to repay, pursuant to subsection (d), a loan made, insured, or guaranteed under this part, part D (excluding loans made under sections 428B and 428C or comparable loans made under part D), or part E for any new borrower after the date of enactment of the Higher Education Amendments of 1998, who-- ``(A) receives a degree in early childhood education; ``(B) obtains employment in a child care facility, such as employment as a preschool teacher; and ``(C) has been employed full time, for the 2 consecutive years preceding the year for which the determination is made, as a provider of child care services in a child care facility in a low-income community. ``(2) Low-income community.--In this subsection, the term `low-income community' means a community in which 70 percent of households earn less than 85 percent of the State median household income. ``(3) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(4) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay-- ``(A) after the second consecutive year of employment described in subparagraphs (B) and (C) of subsection (c)(1), 20 percent of the total amount of all loans described in subsection (c)(1) and made after the date of enactment of the Higher Education Amendments of 1998, to a student; ``(B) after the third consecutive year of such employment, 20 percent of the total amount of all such loans; and ``(C) after each of the fourth and fifth consecutive years of such employment, 30 percent of the total amount of all such loans. ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made, insured, or guaranteed under this part, part D, or part E. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan that accrues for such year shall be repaid by the Secretary. ``(4) Special rule.--In the case in which a student borrower who is not participating in loan repayment pursuant to this section returns to an institution of higher education after graduation from an institution of higher education for the purpose of obtaining a degree in early childhood education, the Secretary is authorized to assume the obligation to repay the total amount of loans described in subsection (c)(1) and incurred for a maximum of 2 academic years in returning to the institution of higher education for the purpose of obtaining the degree in early childhood education. Such loans shall only be repaid for borrowers who qualify for loan repayment pursuant to the provisions of this section, and shall be repaid in accordance with the provisions of paragraph (1). ``(5) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders and Holders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of the lender's or holder's loans that are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each of the second through the fifth consecutive years of qualifying employment described in subsection (d)(1). The borrower shall receive forbearance while engaged in qualifying employment described in subsection (d)(1) unless the borrower is in deferment while so engaged. ``(g) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section on the field of early childhood education. ``(2) Competitive basis.--The grant or contract described in paragraph (1) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue early childhood education; ``(B) determine the number of individuals who remain employed in a child care facility as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program in improving the quality of-- ``(i) early childhood education; and ``(ii) child care services; ``(E) identify the reasons why participants in the program have chosen to take part in the program; ``(F) identify the number of individuals participating in the program who received an associate's degree and the number of such individuals who received a bachelor's degree; and ``(G) identify the number of years each individual participated in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and Congress such interim reports regarding the evaluation described in this subsection as the Secretary determines to be appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2007. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2004, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Paul Wellstone Early Educator Loan Forgiveness Act - Amends the Higher Education Act of 1965 to revise the student loan forgiveness program for child care providers to include preschool teachers. Requires such teachers to: (1) have received at least an associate's degree, and be working toward or have already received a bachelor's degree, in early childhood education; and (2) work for an eligible preschool program provider to prepare the children for transition to kindergarten.

A bill to amend the Higher Education Act of 1965 to improve the loan forgiveness program for child care providers, including preschool teachers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Poverty Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than one billion people worldwide live on less than $1 per day, and another 1.6 billion people struggle to survive on less than $2 per day, according to the World Bank. (2) At the United Nations Millennium Summit in 2000, the United States joined more than 180 other countries in committing to work toward goals to improve life for the world's poorest people by 2015. (3) Such goals include reducing by one-half the proportion of people worldwide, between 1990 and 2015, that live on less than $1 per day, cutting in half the proportion of people suffering from hunger and unable to access safe drinking water and sanitation, reducing child mortality by two-thirds, ensuring basic education for all children, and reversing the spread of HIV/AIDS and malaria, while sustaining the environment upon which human life depends. (4) On March 22, 2002, President George W. Bush stated: ``We fight against poverty because hope is an answer to terror. We fight against poverty because opportunity is a fundamental right to human dignity. We fight against poverty because faith requires it and conscience demands it. We fight against poverty with a growing conviction that major progress is within our reach.''. (5) The 2002 National Security Strategy of the United States notes: ``[A] world where some live in comfort and plenty, while half of the human race lives on less than $2 per day, is neither just nor stable. Including all of the world's poor in an expanding circle of development and opportunity is a moral imperative and one of the top priorities of U.S. international policy.''. (6) The bipartisan Final Report of the National Commission on Terrorist Attacks Upon the United States recommends: ``A comprehensive U.S. strategy to counter terrorism should include economic policies that encourage development, more open societies, and opportunities for people to improve the lives of their families and enhance prospects for their children.''. (7) At the summit of the Group of Eight (G-8) nations in July 2005, leaders from all eight countries committed to increase aid to Africa from the current $25 billion annually to $50 billion by 2010, and to cancel 100 percent of the debt obligations owed to the World Bank, African Development Bank, and International Monetary Fund by 18 of the world's poorest nations. (8) The United States has recognized the need for increased financial and technical assistance to countries burdened by extreme poverty, as well as the need for strengthened economic and trade opportunities for those countries, through significant initiatives in recent years, including the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the Millennium Challenge Act of 2003, the Heavily Indebted Poor Countries Initiative, and trade preference programs for developing countries, such as the African Growth and Opportunity Act. SEC. 3. DECLARATION OF POLICY. It is a major priority of United States foreign policy to vastly reduce global poverty and to eliminate extreme poverty in developing countries. SEC. 4. REQUIREMENT TO DEVELOP COMPREHENSIVE STRATEGY. (a) Strategy.--The President, acting through the Administrator of the United States Agency for International Development, and in consultation with the heads of other appropriate departments and agencies of the Government of the United States, international organizations, international financial institutions, recipient governments, United States and international nongovernmental organizations, civil society organizations, and other appropriate entities, shall develop and implement a comprehensive strategy to further the United States foreign policy objective of vastly reducing global poverty and eliminating extreme global poverty. (b) Contents.--The strategy required by subsection (a) shall include, but not be limited to, the following: (1) Specific and measurable goals, benchmarks, and timetables to achieve the global poverty reduction objectives described in subsection (a). (2) An explanation of how these goals, benchmarks, and timetables will enable the United States to fulfill its commitment to help achieve the internationally recognized goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day. (c) Guidelines.--The strategy required by subsection (a) should adhere to the following guidelines: (1) Continued investment in existing United States initiatives related to international poverty reduction, such as the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the Millennium Challenge Act of 2003, the Heavily Indebted Poor Countries Initiative, and trade preference programs for developing countries, such as the African Growth and Opportunity Act. (2) Increasing overall United States development assistance levels while at the same time improving the effectiveness of such assistance. (3) Enhancing and expanding debt relief. (4) Leveraging United States trade policy where possible to enhance economic development prospects for developing countries. (5) Coordinating efforts and working in cooperation with developed and developing countries, international organizations, and international financial institutions. (6) Mobilizing and leveraging the participation of businesses, United States and international nongovernmental organizations, civil society, and public-private partnerships. (7) Coordinating the goal of poverty reduction with other development goals, such as combating the spread of preventable diseases such as HIV/AIDS, tuberculosis, and malaria, increasing access to potable water and basic sanitation, and reducing hunger and malnutrition. (8) Integrating principles of sustainable development into policies and programs. (d) Reports.-- (1) Initial report.--Not later than one year after the date of the enactment of this Act, the President, acting through Administrator of the United States Agency for International Development, shall transmit to the appropriate congressional committees a report that describes the strategy required by subsection (a). (2) Subsequent reports.--Not less than once every year after the submission of the initial report under paragraph (1) until 2015, the President shall transmit to the appropriate congressional committees a report on the status of the implementation of the strategy, progress made in achieving the global poverty reduction objectives described in subsection (a), and any changes to the strategy since the date of the submission of the last report. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Extreme global poverty.--The term ``extreme global poverty'' refers to the conditions in which individuals live on less than $1 per day, adjusted for purchasing power parity in 1993 United States dollars, according to World Bank statistics. (3) Global poverty.--The term ``global poverty'' refers to the conditions in which individuals live on less than $2 per day, adjusted for purchasing power parity in 1993 United States dollars, according to World Bank statistics.

Global Poverty Act of 2005 - States that a major priority of U.S. foreign policy is to vastly reduce global poverty and to eliminate extreme poverty in developing countries. Directs the President to develop and implement a comprehensive strategy to further such policy.

To require the President to develop and implement a comprehensive strategy to further the United States foreign policy objective of vastly reducing global poverty and eliminating extreme global poverty, to require periodic reports on the progress toward implementation of the strategy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Sergei Magnitsky Act of 2010''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States supports the people of the Russian Federation in their efforts to realize their full economic potential and to advance democracy, human rights, and the rule of law. (2) The Russian Federation is a member of the United Nations, the Organization for Security and Cooperation in Europe, and the International Monetary Fund, has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Corruption, and is bound by the legal obligations set forth in the European Convention of Human Rights. (3) States voluntarily commit themselves to respect obligations and responsibilities through the adoption of international agreements and treaties, which must be observed in good faith in order to maintain the stability of the international order. Human rights are an integral part of international law, and lie at the foundation of the international order. The protection of human rights, therefore, particularly in the case of a country that has incurred obligations to protect human rights under an international agreement to which it is a party, is not left exclusively to the internal affairs of that country. (4) Good governance and anti-corruption measures are instrumental in the protection of human rights and in achieving sustainable economic growth, which benefits both the people of the Russian Federation and the international community through the creation of open and transparent markets. (5) Systemic corruption erodes trust and confidence in democratic institutions, the rule of law, and human rights protections; this is the case when public officials are allowed to abuse their authority with impunity for political or financial gains in collusion with private entities. (6) The President of the Russian Federation, Dmitry Medvedev, has addressed corruption in many public speeches, including stating in his 2009 address to Russia's Federal Assembly, ``[Z]ero tolerance of corruption should become part of our national culture . . . In Russia we often say that there are few cases in which corrupt officials are prosecuted . . . [S]imply incarcerating a few will not resolve the problem. But incarcerated they must be.''. President Medvedev went on to say, ``We shall overcome underdevelopment and corruption because we are a strong and free people, and deserve a normal life in a modern, prosperous democratic society.''. Furthermore, President Medvedev has acknowledged Russia's disregard for the rule of law and used the term ``legal nihilism'' to describe a criminal justice system that continues to imprison innocent people. (7) The systematic abuse of Sergei Magnitsky, including his arbitrary detention and mistreatment in custody, by the same officers of the Russian Interior Ministry that Mr. Magnitsky had implicated in the embezzlement of funds from the Russian Treasury, reflects how deeply the protection of human rights is affected by corruption. Sergei Leonidovich Magnitsky died on November 16, 2009, at the age of 37, in Matrosskaya Tishina Prison in Moscow, Russia, and is survived by a wife and two sons. (8) There is extensive evidence that public officials from the Russian Interior Ministry, the Russian Federal Tax Authorities, the Russian General Prosecutor's Office, the Russian Federal Security Service, as well as Russian regional courts and the prison system have abused their powers and positions to commit serious human rights violations, embezzled funds from the Russian Treasury, and retaliated against whistleblowers. (9) The Public Oversight Commission for the Observance of Human Rights in Penitentiary Centers of the city of Moscow, an organization empowered by Russian law to independently monitor prison conditions, concluded that ``A man who is kept in custody and is being detained is not capable of using all the necessary means to protect either his life or his health. This is a responsibility of a state which holds him captive. Therefore, the case of Sergei Magnitsky can be described as a breach of the right to life. The members of the civic supervisory commission have reached the conclusion that Magnitsky had been experiencing both psychological and physical pressure in custody, and the conditions in some of the wards of Butyrka can be justifiably called torturous. The people responsible for this must be punished.''. SEC. 3. VISA LIMITATIONS ON CERTAIN PERSONS FROM THE RUSSIAN FEDERATION. (a) Ineligible for Visas.-- (1) In general.--Except as provided in paragraph (2), an alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States who the Secretary of State determines to be-- (A) an individual who engaged in any act that was instrumental in causing the death of Sergei Leonidovich Magnitsky; (B) an individual who conspired to defraud the Russian Federation of taxes on corporate profits because of fraudulent transactions and lawsuits against the foreign investment company known as Hermitage; or (C) the spouse, son, daughter, or parent of an alien described in subparagraph (A) or (B). (2) Period in which determinations to be made.--The Secretary of State shall make the determinations described in paragraph (1) not later than the expiration of the 180-day period beginning on the date of the enactment of this Act. (3) Waiver for national interests.--The Secretary of State may waive the application of paragraph (1) in the case of an alien if the Secretary determines that such a waiver is in the national interests of the United States. Upon granting such a waiver, the Secretary of State shall provide to the Congress notice of, and justification for, the waiver. (4) Termination.--The provisions of this subsection shall cease to be effective on the date that the Secretary of State transmits to the Congress a statement certifying that the Secretary has determined the following: (A) That the Government of the Russian Federation has conducted a thorough and impartial investigation into the arbitrary detention, systematic abuse, and resultant death in custody of Sergei Leonidovich Magnitsky, and that the individuals responsible have been brought to justice according to the laws of the Russian Federation and pursuant to the international legal obligations of the Russian Federation. (B) That the Government of the Russian Federation has taken significant steps to bring the criminal justice system and penal system of the Russian Federation into compliance with applicable international legal standards. (C) That the Government of the United States is confident that the investigation described in subparagraph (A) was properly conducted, transparent, and free of political influence. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such visa or documentation under subsection (a). (c) Terminology.--Terms used in this section shall have the meanings given such terms in section 101(a) and (b) of the Immigration and Nationality Act (8 U.S.C. 1101(a) and (b)). SEC. 4. FINANCIAL MEASURES. (a) Special Measures.--The Secretary of the Treasury shall instruct domestic financial institutions and domestic financial agencies to take 1 or more special measures described in section 5318A(b) of title 31, United States Code, if the Secretary of the Treasury makes a determination, under section 5318A of such title, with respect to money laundering relating to the conspiracy described in section 3(a)(1)(B). (b) Blocking of Assets.--The Secretary of the Treasury shall freeze and prohibit all transactions in all property and interests in property of an individual described in section 3(a)(1), or of any person acting as an agent of or on behalf of such an individual, that are in the United States, that come within the United States, or that are or come within the possession or control of United States persons, including their overseas branches. (c) Regulatory Authority.--The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. (d) Enforcement.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (e) Termination.--The provisions of this section shall cease to be effective on the date that the Secretary of the Treasury transmits to the Congress a statement certifying that the Secretary has determined the following: (1) That the Government of the Russian Federation has conducted a thorough and impartial investigation into the conspiracy (described in section 3(a)(1)(B)) to defraud the Russian Federation of taxes on corporate profits, and that the individuals responsible have been brought to justice according to the laws of the Russian Federation and pursuant to the international legal obligations of the Russian Federation. (2) That the Government of the Russian Federation-- (A) has taken significant steps to bring the criminal justice system of the Russian Federation into compliance with applicable international financial and banking standards; and (B) has substantially strengthened statutory protections for individuals who disclose evidence of illegal government activities. (3) That the Government of the United States is confident that the investigation described in paragraph (1) was properly conducted, transparent, and free of political influence. SEC. 5. REPORT TO CONGRESS. Not later than the 180th day after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall submit to the Congress a report on the actions taken to carry out this Act. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the 90th day after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Financial institution; domestic financial agency; domestic financial institution.--The terms ``financial institution'', ``domestic financial agency'', and ``domestic financial institution'' have the meanings of those terms as used in section 5318A of title 31, United States Code. (3) United states person.--The term ``United States person'' means any United States citizen, any alien lawfully admitted for permanent residence to the United States, any entity organized under the laws of the United States or of any jurisdiction within the United States (including foreign branches), or any person in the United States.

Justice for Sergei Magnitsky Act of 2010 - Makes an alien ineligible for entry or admission to the United States when the Secretary of State determines such alien to be: (1) an individual who engaged in any act that was instrumental in causing the death of Sergei Leonidovich Magnitsky; (2) an individual who conspired to defraud the Russian Federation of taxes on corporate profits because of fraudulent transactions and lawsuits against the Hermitage foreign investment company; or (3) the spouse, son, daughter, or parent of such alien. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest. States that such provisions shall cease to be effective when the Secretary certifies to Congress that: (1) the government of the Russian Federation has conducted a thorough and impartial investigation into Mr. Magnitsky's detention and death, and the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; (2) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards; and (3) the U.S. government is confident that the investigation was properly conducted. Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy; and (2) freeze and prohibit U.S. property transactions of an individual who is prohibited from entering the United States or acts as an agent for an such individual. States that such provisions shall cease to be effective when the Secretary of the Treasury certifies to Congress that: (1) the government of the Russian Federation has conducted a thorough and impartial investigation into the conspiracy to defraud the Russian Federation of taxes on corporate profit, and the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; (2) the government of the Russian Federation has taken steps to bring its criminal justice systems into compliance with international financial and banking standards, and has strengthened protections for individuals who disclose illegal government activities; and (3) the U.S. government is confident that the investigation was properly conducted.

To make certain individuals ineligible for visas or admission to the United States and to revoke visas and other entry documents previously issued to such individuals, and to impose certain financial measures on such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Leonidovich Magnitsky and brought the Russian criminal justice system into compliance with international legal standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zeroing In American Energy Act of 2008''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Establishing a clean energy future requires new innovative technologies. (2) Solar energy offers the United States tremendous domestic energy opportunities. (3) The Southwestern United States is the Saudi Arabia of solar energy. (4) The publication Scientific American, in its January of 2008 issue, theorized a ``Grand Plan for Solar'' that suggests theoretically solar power could provide 69 percent of America's electricity by 2050. (5) Establishing a new solar energy future will require a strong public-private partnership. SEC. 3. DEVELOPING SOLAR ENERGY ON FEDERAL LANDS. (a) In General.--The Secretary of the Interior shall carry out in accordance with this section a program for the leasing of Federal lands for the the advancement, development, assessment, installation, and operation of commercial photovoltaic and concentrating solar power energy systems. (b) Identification of Lands for Leasing.-- (1) Lands selection.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management and in consultation with the Secretary of Energy, shall-- (A) identify lease sites comprising a total of 6,400,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management in the States of Arizona, California, New Mexico, Nevada, and Utah, that are suitable and feasible for the installation and operation of photovoltaic and concentrating solar power energy systems, subject to valid existing rights; and (B) incorporate solar energy development into the relevant agency land use and resource management plans or equivalent plans for the lands identified under subparagraph (A). (2) Minimum and maximum acreage of sites.--Each individual lease site identified under paragraph (1)(A) shall be a minimum of 1280 acres and shall not exceed 12,800 acres. (3) Lands released for leasing.--The Secretary shall release for leasing under this section lease sites identified under paragraph (1), in acreages that meet the following annual milestones: (A) By 2010, 79,012 acres. (B) By 2011, 316,049 acres. (C) By 2012, 711,111 acres. (D) By 2013, 1,300,000 acres. (E) By 2014, 2,000,000 acres. (F) By 2015, 2,800,000 acres. (G) By 2016, 3,700,000 acres. (H) By 2017, 4,650,000 acres. (I) By 2018, 5,800,000 acres. (J) By 2019, 6,400,000 acres. (4) Lands not included.--The following Federal lands shall not be included within a solar lands leasing program: (A) Components of the National Landscape Conservation System. (B) Wilderness and Wilderness Study Areas. (C) Wild and Scenic Rivers. (D) National Scenic and Historic Trails. (E) Monuments. (F) Resource Natural Areas. (c) Competitive Lease Sale Requirements Leasing Procedures.-- (1) Nominations.--The Secretary shall accept at any time nominations of land identified under subsection (b) for leasing under this Act, from any qualified person. (2) Competitive lease sale required.-- (A) In general.--Except as otherwise specifically provided by this Act, all land to be leased under this Act that is not subject to leasing under subsection (3) shall be leased to the highest responsible qualified bidder, as determined by the Secretary. (B) Annual sales required.--The Secretary shall hold a competitive lease sale under this Act at least once every year for land in a State with respect to which there is a nomination pending under paragraph (1) of land otherwise available for leasing. (3) Noncompetitive leasing.--The Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held under paragraph (2), but for which the Secretary does not receive any bids in such sale. (4) Pending lease applications.--It shall be a priority for the Secretary to ensure timely completion of administrative actions and process applications for leasing of Federal lands described in subsection (b)(1)(A) for installation and operation of photovoltaic and concentrating solar power energy systems, that are pending on the date of enactment of this subsection. (d) Leasing Time Period.--Any lease of lands under this section shall be effective for a period of 30 years, with an option to renew once for an additional period of 30 years. SEC. 4. ROYALTY. (a) Reservation of Royalty.-- (1) In general.--Production of solar energy under a lease under this Act shall be subject to a royalty described in paragraph (2), which shall be assessed and collected by the Secretary of the Interior, acting through the Minerals Management Service. The leaseholder shall be liable for payment of such royalty. (2) Royalty for projects under the federal solar lands leasing program.--The royalty under paragraph (1) shall be-- (A) 0.25 percent per kw/h on energy produced undert the lease in years 1 through 5 of the lease; (B) 0.5 percent per kw/h on energy produced under the lease in years 5 through 15 of the lease; (C) 1 percent per kw/h on energy produced under the lease in years 15 through 30 of the lease; and (D) 1 percent per kw/h on energy produced under the lease after year 30. (3) Revenue sharing.--Of the amount received by the United States as royalty under this subsection for a leased tract-- (A) one-third shall be paid to the State in which the lands are located; and (B) one-third shall be paid to the county in which the lands are located. (b) Duties of Leaseholders.-- (1) Payment of royalty.--A person who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe. (2) Joint and severable liability.--Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period. (3) Affirmation of payment responsibility.--Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such responsibility for the periods referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. (4) Recordkeeping.--Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance unless the Secretary notifies the leaseholder that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (5) Audits.--The Secretary may conduct such audits of all leaseholders directly or indirectly involved in the production of solar energy on lands leased under this section as the Secretary considers necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers, and other documents that relate to compliance with any provision of this section by any person. (6) Provision of protected information.--Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. (7) Underreporting.-- (A) Penalty.--If there is any underreporting of royalty owed on energy produced under a lease for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 10 percent of the amount of that underreporting. (B) Waiver or reduction authorized.--The Secretary may waive or reduce a penalty assessed under this paragraph if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later. (C) Waiver required.--The Secretary shall waive any portion of an assessment under this paragraph attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- (i) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported; (ii) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported; (iii) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or (iv) such person meets any other exception which the Secretary may, by rule, establish. (D) Treatment as federal share.--Subsection (b)(4) shall not apply to penalties received by the United States under this paragraph. (E) Underreporting defined.--For the purposes of this subsection, the term ``underreporting'' means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production that was reported, if the value that should have been reported is greater than the value that was reported. SEC. 5. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. (a) In General.--Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary of the Interior shall complete a programmatic environmental impact statement for the solar leasing program under section 3. (b) Final Regulation.--Not later than 6 months after the completion of the programmatic environmental impact statement under this section, the Secretary shall publish a final regulation implementing this section. SEC. 6. STUDY. Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall complete a study of-- (1) Federal lands available for possible consideration of leasing for a compressed air energy storage system; (2) barriers to additional access to Federal lands for transimission of energy produced under leases awarded under the solar energy leasing program under this Act; and (3) the need for energy transmission corridors on public lands to address identified congestion or constraints.

Zeroing In American Energy Act of 2008 - Requires the Secretary of the Interior to conduct a program for the leasing of federal lands for the advancement, development, assessment, installation, and operation of commercial photovoltaic and concentrating solar power energy systems. Requires the Secretary, acting through the Director of the Bureau of Land Management (BLM) and in consultation with the Secretary of Energy, to: (1) identify lease sites comprising 6.4 million acres of federal lands under BLM jurisdiction in Arizona, California, New Mexico, Nevada, and Utah that are suitable and feasible for the installation and operation of such energy systems; and (2) incorporate solar energy development into the relevant agency land use and resource management plans or equivalent plans for such identified sites. Sets forth provisions concerning: (1) the size of such sites; (2) annual milestones for the number of acres of sites to be leased by each of the years 2010-2019; and (3) the collection and payment of royalties from projects under such program. Prohibits the following federal lands from being included within such program: (1) Components of the National Landscape Conservation System; (2) Wilderness and Wilderness Study Areas; (3) Wild and Scenic Rivers; (4) National Scenic and Historic Trails; (5) Monuments; and (6) Resource Natural Areas. Requires the Secretary to complete: (1) a programmatic environmental impact statement for such program prior to implementing it; and (2) a study of federal lands available for a compressed air energy storage system, barriers to access to federal lands for transmission of energy produced under the program, and the need for energy transmission corridors on public lands.

To establish a new solar energy future for America through public-private partnership and energy leasing for reliable and affordable energy for the American people, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Windstorm Impact Reduction Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of property, and economic and social disruption. All States and regions are vulnerable to these hazards. (2) The United States currently sustains several billion dollars in economic damages each year due to these windstorms. In recent decades, rapid development and population growth in high-risk areas has greatly increased overall vulnerability to windstorms. (3) Improved windstorm impact reduction measures have the potential to reduce these losses through-- (A) cost-effective and affordable design and construction methods and practices; (B) effective mitigation programs at the local, State, and national level; (C) improved data collection and analysis and impact prediction methodologies; (D) engineering research on improving new structures and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand the behavior and impact of windstorms on the built environment, and subsequent application of those research results; and (E) public education and outreach. (4) There is an appropriate role for the Federal Government in supporting windstorm impact reduction. An effective Federal program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the private sector, and other interested non-Federal entities. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (3) The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. (a) Establishment.--There is established the National Windstorm Impact Reduction Program (in this Act referred to as the ``Program''). (b) Objective.--The objective of the Program is the achievement of major measurable reductions in losses of life and property from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging implementation of cost-effective mitigation measures to reduce those impacts. (c) Interagency Working Group.--Not later than 90 days after the date of enactment of this Act, the Director shall establish an Interagency Working Group consisting of representatives of the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Federal Emergency Management Agency, and other Federal agencies as appropriate. The Director shall designate an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and responsibilities under the Program shall be defined in the implementation plan required under subsection (e). General agency responsibilities shall include the following: (1) The National Institute of Standards and Technology shall support research and development to improve building codes and standards and practices for design and construction of buildings, structures, and lifelines. (2) The National Science Foundation shall support research in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (3) The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency's all-hazards approach. (d) Program Components.-- (1) In general.--The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, outreach, technology transfer, and research and development. To the extent practicable, research activities authorized under this Act shall be peer-reviewed, and the components shall be designed to be complementary to, and avoid duplication of, other public and private hazard reduction efforts. (2) Understanding of windstorms.--Activities to enhance the understanding of windstorms shall include research to improve knowledge of and data collection on the impact of severe wind on buildings, structures, and infrastructure. (3) Windstorm impact assessment.--Activities to improve windstorm impact assessment shall include-- (A) development of mechanisms for collecting and inventorying information on the performance of buildings, structures, and infrastructure in windstorms and improved collection of pertinent information from sources, including the design and construction industry, insurance companies, and building officials; (B) research, development, and technology transfer to improve loss estimation and risk assessment systems; and (C) research, development, and technology transfer to improve simulation and computational modeling of windstorm impacts. (4) Windstorm impact reduction.--Activities to reduce windstorm impacts shall include-- (A) development of improved outreach and implementation mechanisms to translate existing information and research findings into cost-effective and affordable practices for design and construction professionals, and State and local officials; (B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use in new construction and retrofit of existing construction; and (C) outreach and information dissemination related to cost-effective and affordable construction techniques, loss estimation and risk assessment methodologies, and other pertinent information regarding windstorm phenomena to Federal, State, and local officials, the construction industry, and the general public. (e) Implementation Plan.--Not later than 1 year after date of enactment of this Act, the Interagency Working Group shall develop and transmit to the Congress an implementation plan for achieving the objectives of the Program. The plan shall include-- (1) an assessment of past and current public and private efforts to reduce windstorm impacts, including a comprehensive review and analysis of windstorm mitigation activities supported by the Federal Government; (2) a description of plans for technology transfer and coordination with natural hazard mitigation activities supported by the Federal Government; (3) a statement of strategic goals and priorities for each Program component area; (4) a description of how the Program will achieve such goals, including detailed responsibilities for each agency; and (5) a description of plans for cooperation and coordination with interested public and private sector entities in each program component area. (f) Biennial Report.--The Interagency Working Group shall, on a biennial basis, and not later than 180 days after the end of the preceding 2 fiscal years, transmit a report to the Congress describing the status of the windstorm impact reduction program, including progress achieved during the preceding two fiscal years. Each such report shall include any recommendations for legislative and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the Advisory Committee established under section 5. SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. (a) Establishment.--The Director shall establish a National Advisory Committee on Windstorm Impact Reduction, consisting of not less than 11 and not more than 15 non-Federal members representing a broad cross section of interests such as the research, technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local governments; the insurance industry; and other representatives as designated by the Director. (b) Assessment.--The Advisory Committee shall assess-- (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out the activities under section 4(d); (3) the need to revise the Program; and (4) the management, coordination, implementation, and activities of the Program. (c) Biennial Report.--At least once every two years, the Advisory Committee shall report to Congress and the Interagency Working Group on the assessment carried out under subsection (b). (d) Sunset Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. SAVINGS CLAUSE. Nothing in this Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; and (2) $9,400,000 for fiscal year 2007. (b) National Science Foundation.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; and (2) $9,400,000 for fiscal year 2007. (c) National Institute of Standards and Technology.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act-- (1) $3,000,000 for fiscal year 2006; and (2) $4,000,000 for fiscal year 2007. (d) National Oceanic and Atmospheric Administration.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) $2,100,000 for fiscal year 2006; and (2) $2,200,000 for fiscal year 2007. SEC. 8. BIENNIAL REPORT. Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982, and biennially thereafter'' and inserting ``By January 30 of each odd- numbered year''. Passed the House of Representatives July 7, 2004. Attest: JEFF TRANDAHL, Clerk.

National Windstorm Impact Reduction Act of 2004 - (Sec. 4) Establishes the National Windstorm Impact Reduction Program, the objective of which is to achieve major measurable reductions in losses of life and property from windstorms. Requires the Director of the Office of Science and Technology Policy to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration (NOAA), the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency (FEMA), and other Federal agencies as appropriate. Outlines general agency responsibilities. Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms; (2) windstorm impact assessment; and (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to, and avoid duplication of, other hazard reduction efforts. Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives; and (2) transmit biennial reports on the status of the Program. (Sec. 5) Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out the Program components; (3) revising the Program; and (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment. (Sec. 6) Prohibits anything in this Act from superseding any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. Bars any design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act from being required for a home certified under the Act pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. (Sec. 7) Authorizes appropriations for FY 2006 and 2007 for: (1) FEMA; (2) NSF; (3) NIST; and (4) NOAA. (Sec. 8) Changes, from January 30 of even-numbered years to January 30 of odd-numbered years, the due date for the NSF biennial report required under the Science and Engineering Equal Opportunities Act.

To establish a National Windstorm Impact Reduction Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superstorm Sandy Mortgage Relief Act of 2013''. SEC. 2. REQUIREMENT TO OFFER FORBEARANCE TO AFFECTED HOMEOWNERS. (a) Requirement.--The Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall each carry out a program under this section to notify mortgagors under covered mortgages of the availability of forbearance under the program and to offer and provide such relief upon a request by an eligible homeowner. (b) Covered Mortgage.--For purposes of this section, the term ``covered mortgage'' means a mortgage-- (1) that is secured by a one- to four-family dwelling that-- (A) is the principal residence of the mortgagor; and (B) is located within an area for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Sandy; and (2) that is-- (A) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or (B) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (c) Eligible Homeowner.--For purposes of this section, the term ``eligible homeowner'' means a mortgagor under a covered mortgage whose-- (1) household experienced a disruption in income as a result of Hurricane Sandy, as determined in accordance with guidelines issued pursuant to subsection (k); or (2) residence that secures the mortgage was damaged as a result of Hurricane Sandy, as determined in accordance with guidelines issued pursuant to subsection (k). (d) Notification.--Under the program under this section, the applicable agency heads shall require each mortgagee of a covered mortgage to notify the mortgagor under the mortgage in writing, not later than the expiration of the 60-day period beginning on the date of the enactment of this Act and in such form as the applicable agency heads shall require pursuant to guidelines issued under subsection (k)-- (1) that the mortgage is a covered mortgage that may be eligible for forbearance relief under the program under this section; (2) of the requirements for eligible homeowners to qualify for such relief; (3) of the terms of such relief; and (4) how to request such relief. (e) Request for Relief.--The applicable agency heads shall, by guidelines issued under subsection (k), provide for mortgagors under covered mortgages to submit requests, during the 6-month period beginning on the date of the enactment of this Act, to the mortgagees of such mortgages for forbearance relief under the program under this section. (f) Determination.--Upon receipt of a request made by a mortgagor under a covered mortgage for forbearance relief under the program under this section that is submitted during the period referred to in subsection (e), the mortgagee shall promptly determine whether the mortgagor is an eligible homeowner and immediately notify the mortgagor in writing of such determination. (g) Requirement To Offer Forbearance.--If, pursuant to a request for relief submitted pursuant to subsection (e) with respect to a covered mortgage, the mortgagee for the mortgage determines that the mortgagor under the mortgage is an eligible homeowner, the mortgagee shall, together with the notification required under subsection (f) submit to the eligible homeowner a written offer for forbearance that meets the requirements of subsection (h). (h) Terms of Forbearance.-- (1) In general.--An offer for forbearance with respect to a covered mortgage meets the terms of this subsection only if-- (A) the forbearance provides for the suspension of payments due under the mortgage for a period having a duration that is not shorter than 4 months nor longer than 12 months; and (B) the offer provides for forbearance and terms, requirements, and procedures for such forbearance that otherwise comply with guidelines issued by the Secretary and the Director pursuant to paragraph (2) of this subsection. (2) Establishment of terms.--The applicable agency heads shall, by guidelines issued pursuant to subsection (k), provide for the terms, requirements, and procedures for forbearance offered under the program under this section. Such guidelines shall provide that-- (A) such forbearance shall be in manner provided under, and subject to the terms of, the provisions of Mortgagee Letter 2002-17 of the Secretary (regarding ``Special Forbearance: Program Changes and Updates'') relating to Type I Special Forbearance, except that-- (i) an offer of forbearance under the program under this section shall only provide relief described in paragraph (1)(A) of this subsection; (ii) any requirement under such Mortgagee Letter relating to delinquency of the mortgage or payments due and unpaid shall not apply to the program under this section; and (iii) the terms of such Mortgagee Letter shall apply with respect to mortgages described in subsection (b)(2)(B) and to the Director in the same manner and to the same extent that such Mortgagee Letter applies to mortgages described in subsection (b)(2)(A) and the Secretary; and (B) the period referred to in paragraph (1)(A) of this subsection may cover periods for which payments due under the mortgage were not paid that occurred before the request for relief under the program was submitted, including periods occurring before the date of the enactment of this Act. (i) Other Forbearance.--This section may not be construed to prevent an eligible homeowner and the mortgagee for the covered mortgage of such eligible homeowner from agreeing to any other terms of forbearance, regardless of whether such eligible homeowner made a request under subsection (e) or received an offer of forbearance pursuant to subsection (g). (j) Other Definitions.--For purposes of this section, the following definitions shall apply: (1) Applicable agency head.--The term ``applicable agency head'' means-- (A) the Secretary, with respect to a covered mortgage described in subsection (b)(2)(A); and (B) the Director, with respect to a covered mortgage described in subsection (b)(2)(B). (2) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (3) Mortgagee.--The term ``mortgagee'' means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Guidelines.--Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out the program under this section.

Superstorm Sandy Mortgage Relief Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) and the Director of the Federal Housing Agency to carry out a program to notify mortgagors under covered mortgages of the availability of forbearance and to offer and provide such relief upon an eligible homeowner's request. Defines "covered mortgage" as one that: (1) is secured by a one- to four-family dwelling that is the mortgagor's principal residence and is located within a major disaster area resulting from Hurricane Sandy; and (2) is insured under the National Housing Act or owned or guaranteed by the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac).

Superstorm Sandy Mortgage Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Public Diplomacy through International Travel Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has experienced a 17 percent decline in overseas visitors since September 11, 2001. (2) Business travel to the United States fell 10 percent from 2004 to 2005 while Europe witnessed an 8 percent increase over this same time period. (3) The United States market share of international travel has declined from 7.5 percent before September 11, 2001, to about 6 percent in 2007. (4) The economic impact of declining United States market share has resulted in 60 million fewer travelers, 194,000 lost jobs, $94 billion in lost spending, and $15.6 billion in lost tax receipts. (5) While in 2007 the United States will spend less than $4 million on international travel promotion, currently Greece spends $151 million, Mexico spends $149 million, Australia spends $113 million, the United Kingdom spends $80 million, and Canada spends $60 million. (6) In a recent survey by the Discover America Partnership, international travelers ranked the United States as having the ``world's worst'' entry process, and 66 percent of travelers in the survey feared that a simple mistake could lead to being detained for hours or worse. (7) The perception around the world is that the United States does not welcome international visitors, but that perception could be changed by adopting an international travel promotion program. (8) An international travel promotion program can expect a 6:1 return on investment. (9) An international travel promotion program can be an effective tool to enhance the United States public diplomacy efforts. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--In order to enhance diplomatic relations with foreign countries and promote domestic business interests abroad, the Secretary of State (in this Act referred to as the ``Secretary''), acting through the Under Secretary of State for Public Diplomacy and Public Affairs, shall establish a competitive grant program to promote international travel to the United States in foreign countries. (b) Range of Grant Monetary Amounts.--No grant shall be less than $150,000 or more than $1,000,000. (c) Use of Grant Funds.-- (1) In general.--A recipient of a grant under this Act shall use the funds to develop a promotion program focused on the overseas markets described in paragraph (2) to encourage international travel to the United States and to effectively communicate United States entry requirements, including required documentation, fees, and processes. (2) Phase-in of markets.--The promotion programs described in paragraph (1) shall target, in each of the following fiscal years that begin after the date of enactment of this Act, the following markets: (A) In the first fiscal year, Canada. (B) In the second fiscal year, Canada and Mexico. (C) In the third fiscal year, Canada, Mexico, and the United Kingdom. (D) In the fourth fiscal year, Canada, Mexico, the United Kingdom, and Japan. (E) In the fifth fiscal year, Canada, Mexico, the United Kingdom, Japan, and Germany. (d) Eligibility.--In order to be eligible to receive a grant under this Act, an entity shall prepare and submit an application at such time, in such form, and with such information and assurances as the Under Secretary of State for Public Diplomacy and Public Affairs may require, including a description of the populations and foreign countries targeted by the promotion program, the marketing strategy, how the entity intends to execute its promotion program, and the expected return on investment. (e) Matching Requirement.-- (1) In general.--As a condition of receipt of a grant under this Act, the grant recipient shall provide (directly or through donations from public or private entities) non-Federal matching funds, which may include in-kind donations of goods and services valued at their fair market rate, in an amount equal to the amount of the grant. (2) Special rule for in-kind donations.--Of the amount of non-Federal matching funds required to be provided by each grant recipient under paragraph (1), not more than 25 percent shall be provided through in-kind donations of goods and services. (f) Reservations.--The Secretary shall reserve 20 percent of the funds used to award grants under this Act for grants for promotion programs for destinations that do not currently have the resources to market themselves internationally. (g) Reports.--Not later than 6 months after the end of each fiscal year in which grants were awarded by the Secretary under this Act, the Secretary shall submit a report to Congress on-- (1) whether the promotion programs increased the number of international travelers from the targeted countries; (2) the return on investment analysis of the grant program; and (3) recommendations for changes in law necessary to improve communication about United States entry requirements, including required documentation, fees, and processes. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $10,000,000 for grants under this Act for each of the first 5 fiscal years that begin after the date of enactment of this Act. (b) Carry Over.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall remain available until expended.

Improving Public Diplomacy through International Travel Act - Directs the Secretary of State to enhance diplomatic relations with foreign countries and promote domestic business interests abroad by establishing a grant program to promote international travel to the United States. Directs a grant recipient to develop a promotion program to encourage international travel to the United States and to effectively communicate U.S. entry requirements, including required documentation, fees, and processes. Sets forth the following market phase-ins: (1) year one, Canada; (2) year two, Canada and Mexico; (3) year three, Canada, Mexico, and the United Kingdom; (4) year four, Canada, Mexico, the United Kingdom, and Japan; and (5) year five, Canada, Mexico, the United Kingdom, Japan, and Germany. Reserves 20% of grant funds for promotion programs for destinations that lack the resources to market themselves internationally.

To direct the Secretary of State to enhance diplomatic relations with foreign countries and to promote domestic business interests abroad by establishing a grant program to promote international travel to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John Hope Franklin Tulsa-Greenwood Race Riot Claims Accountability Act of 2009''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In 1921, Greenwood (a community in Tulsa, Oklahoma) was one of the most prosperous African-American communities in the United States. Serving over 8,000 residents, Greenwood's commercial district was known nationally as the ``Negro Wall Street''. The community boasted two newspapers, over a dozen churches, and hundreds of African-American-owned businesses. (2) On the evening of May 31, 1921, the African-American Greenwood community of Tulsa, Oklahoma, was ravaged by a White mob. By the conclusion of the riot at midday, June 1, virtually every building in a 42-square-block area of the community-- homes, schools, churches, and businesses--was burned to the ground and thousands were left homeless. Over 1,200 homes were destroyed. Every church, school, and business in Greenwood was set on fire. Approximately 8,000 African-Americans were left homeless and penniless. Unable to rebuild, thousands of residents spent the winter of 1921-1922 in tents. (3) Credible evidence supports the belief that up to 300 African-Americans were killed during the riot. As many victims were buried in unmarked graves, an exact accounting is impossible. (4) In the wake of the White mob destruction of the Greenwood District, a State-convened grand jury officially placed responsibility for the violence on the African-American community, exonerating Whites of all responsibility. Neither the State nor the city undertook any investigations or prosecutions, and documents relating to the riot vanished from State archives. Ultimately, no convictions were obtained for the incidents of murder, arson, or larceny connected with the riot. (5) None of the more than 100 contemporaneously filed lawsuits by residents and property owners in Greenwood were successful in recovering damages from insurance companies to assist in the reconstruction of the community. After the city attempted to block their redevelopment efforts, victims were forced to rebuild with their own resources or abandon the community. (6) State and local governments suppressed or ignored issues and claims arising from the 1921 riot, effectively excising it from collective memory, until the Oklahoma Legislature created a commission to study the event in 1997. The commission's February 28, 2001, report uncovered new information and detailed, for the first time, the extent of involvement by the State and city government in prosecuting and erasing evidence of the riot (Okla. Stat. Tit. 74 Section 8000.1 (West 2005)). (7) The documentation assembled by The 1921 Tulsa Race Riot Commission provides strong evidence that some local municipal and county officials failed to take actions to calm or contain the situation once violence erupted and, in some cases, became participants in the subsequent violence, and even deputized and armed many Whites who were part of a mob that killed, looted, and burned down the Greenwood area. (8) Based on new information contained in the report, the Greenwood claimants filed suit, pursuant to the laws codifed in sections 1981, 1983, and 1985 of title 42 of the United States Code and the 14th amendment, seeking damages for the injuries sustained in the riot as a result of the government's involvement. Their claims were dismissed as time barred by the court, and so were not determined on the merits. 382 F.3d 1206 (10th Cir. 2004), rehrg en banc denied (with dissent), 391 F. 3d 1155 (10th Cir. 2004), cert denied Alexander v. State of Oklahoma, 544 U.S. 1044 (2005). SEC. 3. DETERMINATION ON MERITS FOR GREENWOOD CLAIMANTS. (a) In General.--Any Greenwood claimant who has not previously obtained a determination on the merits of a Greenwood claim may, in a civil action commenced not later than 5 years after the date of the enactment of this Act, obtain that determination. (b) Intent of Congress as to Remedial Nature of Section.--It is the intent of Congress that this section be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Greenwood claim denied that determination. (c) Definitions.--In this Act-- (1) the term ``Greenwood claimant'' means an individual who filed a discrimination complaint arising from conduct connected to the May 31, 1921, race riot in Tulsa, Oklahoma; and (2) the term ``Greenwood claim'' means a complaint filed in the Alexander v. State of Oklahoma litigation that was dismissed as time barred by the Federal court.

John Hope Franklin Tulsa-Greenwood Race Riot Claims Accountability Act of 2009 - Provides that any Greenwood, Oklahoma, claimant (a survivor or descendant of victims of the Tulsa, Oklahoma, Race Riot of 1921) who has not previously obtained a determination on the merits of a Greenwood claim may, in a civil action commenced within five years after enactment of this Act, obtain that determination.

To provide a mechanism for a determination on the merits of the claims brought by survivors and descendants of the victims of the Tulsa, Oklahoma, Race Riot of 1921 but who were denied that determination.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Stimulus for Job Creation and Energy Independence Act of 2009''. SEC. 2. TEMPORARY REFUNDABILITY OF SOLAR ENERGY CREDIT. (a) Residential Solar Energy Credit.--Subsection (c) of section 25D of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax; carryforward of unused credit) is amended by adding at the end the following new paragraph: ``(3) Temporary refundability of solar energy credit.-- ``(A) In general.--The aggregate credits allowed to the taxpayer under subpart C shall be increased by the credit which would be determined under paragraphs (1) and (2) of subsection (a) for expenditures made during the taxable year without regard to section 26(a)(2) or paragraphs (1) of this subsection, as the case may be. Credits allowed under subpart C by reason of the preceding sentence shall not be taken into account in determining the excess described in paragraph (2). ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year ending after December 31, 2010.''. (b) Business Solar Energy Credit.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for solar energy credits.-- ``(A) In general.--In the case of the solar energy credits-- ``(i) this section and section 39 shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the solar energy credits), and ``(iii) the amount of the solar energy credits in excess of the limitation under paragraph (1) (as modified by subclause (II)) shall be treated as a credit under subpart C. ``(B) Solar energy credits.--For purposes of this subsection, the term `solar energy credits' means so much of the energy credit as is attributable to property described in clause (i) or (ii) of section 48(a)(3)(A). ``(C) Termination.--This paragraph shall not apply to any taxable year ending after December 31, 2010.''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``and the specified credits'' and inserting ``the specified credits, and the solar energy credits''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by striking ``and the specified credits'' and inserting ``, the specified credits, and the solar energy credits''. (C) Subclause (II) of section 38(c)(4)(A)(ii) of such Code is amended by inserting ``and the solar energy credits'' after ``specified credits''. (D) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended-- (i) by inserting ``25D(c)(3),'' before ``35,'' and (ii) by inserting ``38(c)(5),'' after ``36,''. (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. TEMPORARY REFUNDABILITY OF DEPRECIATION DEDUCTION FOR SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 (relating to energy credit) is amended by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) at the election of the taxpayer for any taxable year ending before January 1, 2011, 33\1/3\ percent of the aggregate deductions which would (but for subparagraph (C)) be allowed for the taxable year for property described in clause (i) or (ii) of paragraph (3)(A), and''. (b) Denial of Depreciation Where Credit Elected.--Paragraph (2) of section 48(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Denial of depreciation, etc., where credit elected.--No deduction for depreciation (or amortization in lieu of depreciation) shall be allowed for the taxable year with respect to property described in clause (i) or (ii) of paragraph (3)(A) if the taxpayer makes the election under subparagraph (A)(ii) with respect to such property. Notwithstanding the preceding sentence, deductions not allowed by the preceding sentence shall be treated as allowed for purposes of applying section 1016.''. (c) Conforming Amendment.--Clause (iii) of section 48(a)(2) of such Code is amended by striking ``clause (i) does not apply'' and inserting ``neither clause (i) nor (ii) apply''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXCEPTION FROM PRIVATE ACTIVITY BOND TESTS FOR FINANCING OF SOLAR ENERGY PROPERTY. (a) Exception From Private Business Use Test.--Paragraph (6) of section 141(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Solar energy property.--For purposes of subparagraph (A), property described in clause (i) or (ii) of section 48(a)(3)(A) shall not be treated as used in a trade or business.''. (b) Exception From Private Loan Financing Test.--Paragraph (2) of section 141(c) of such Code (relating to exception for tax assessment, etc., loans) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) enables the borrower to finance the acquisition, construction, and installation of property described in clause (i) or (ii) of section 48(a)(3)(A).''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 5. EXCEPTION FROM SUBSIDIZED ENERGY FINANCING RULES FOR SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (C) of section 48(a)(4) of the Internal Revenue Code of 1986 (defining subsidized energy financing) is amended by adding at the end the following new sentence: ``Such term shall not include any loan described in section 141(c)(2)(D).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after such date in taxable years ending after such date. SEC. 6. REFUNDABLE INVESTMENT CREDIT FOR PROPERTY USED TO MANUFACTURE SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (vi), by adding ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) property used to manufacture equipment described in clause (i) or (ii),''. (b) Credit To Be Refundable.--Section 38(c)(5)(B) of such Code, as added by this Act, is amended by striking ``or (ii)'' and inserting ``, (ii), or (viii)''. (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. 7. GOVERNMENT PROCUREMENT OF SOLAR ENERGY. Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Contracts for Renewable Energy.--Notwithstanding section 501(b)(1)(B) of title 40, United States Code, a contract for renewable energy may be made for a period of not more than 25 years.''.

Solar Stimulus for Job Creation and Energy Independence Act of 2009 - Amends the Internal Revenue Code to: (1) provide for the refundability of the residential energy efficiency tax credit for solar electric and water heating property, and for business-related solar energy tax credits, through 2010; (2) allow an election to take an increased depreciation allowance for solar energy property until 2011; (3) exempt solar energy property from private activity bond usage and loan financing rules; and (4) allow a refundable energy tax credit for investment in property used to manufacture solar energy property. Amends the Energy Policy Act of 2005 to limit to 25 years the contract period for federal purchases of renewable energy.

To amend the Internal Revenue Code of 1986 to treat certain solar energy credits as refundable credits, to allow a new refundable credit for equipment used to manufacture solar energy property, to waive the application of the subsidized financing rules to such property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Event Data Recorder Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Event data recorders have the potential to greatly improve motor vehicle safety by improving occupant protection systems and improving the accuracy of crash reconstructions. (2) Event data recorder technology has potential safety applications for all classes of motor vehicles. (3) A wide range of crash-related and other data elements have been identified which can usefully be captured by event data recorders. (4) The National Highway Traffic Safety Administration has incorporated event data recorder data collection in its motor vehicle research databases. (5) Open access to event data recorder data will benefit researchers, crash investigators, and manufacturers in improving motor vehicle safety. (6) Studies of event data recorder information in Europe and the United States have shown that driver and employee awareness of an on-board event data recorder reduces the number and severity of crashes. (7) Given the differing nature of cars, vans, SUVs, and other lightweight vehicles, compared to heavy trucks, school buses, and motor coaches, different event data recorder data systems may be required to meet the needs of each vehicle class. (8) The degree of benefit from an event data recorder is directly related to the number of vehicles operating with an event data recorder and the current infrastructure's ability to use and assimilate the data. (9) Automatic crash notification systems integrate the on- board crash sensing and event data recorder technology with other electronic systems, such as global positioning systems and cellular telephones, to provide early notification of the occurrence, nature, and location of a serious collision. SEC. 3. EVENT DATA RECORDERS. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 30129. Event data recorders ``(a) Required Event Data Recorders.--Not later than 6 months after the date of the enactment of this section, the Secretary shall modify the motor vehicle safety standard contained in part 563 of title 49, Code of Federal Regulations, to require that passenger automobiles (as defined in section 32901(a)(16)) be equipped with an event data recorder that meets the requirements for event data recorders set forth in such part. The Secretary shall require manufacturers to include such event data recorders in-- ``(1) not less than 25 percent of their fleet beginning in model year 2013; ``(2) not less than 65 percent of their fleet beginning in model year 2014; and ``(3) 100 percent of their fleet beginning in model year 2015. ``(b) Compatible Data Retrieval Tools.--Not later than 12 months after the date of enactment of this section, the Secretary shall modify the requirements in section 563.12 of title 49, Code of Federal Regulations, to require a standardized port for accessing and retrieving data stored in any event data recorder and that is compatible with all such event data recorders regardless of the manufacturer or model of the motor vehicle. ``(c) Disclosure.--The owner's manual of each new motor vehicle sold or leased in the United States that is equipped with a recording device shall clearly indicate the presence of the event data recorder required under this section, in accordance with section 563.11 of title 49, Code of Federal Regulations (or any successor regulation). ``(d) Privacy Protections.--Information recorded or transmitted by event data recorder required under this section may not be retrieved by a person other than the owner of the motor vehicle in which the recording device is installed unless-- ``(1) a court authorizes retrieval of such information in furtherance of a legal proceeding; ``(2) the owner consents to such retrieval for any purpose, including diagnosing, servicing, or repairing the motor vehicle; or ``(3)(A) the information is retrieved by a government motor vehicle safety agency for the purpose of improving motor vehicle safety; and ``(B) the personally identifiable information of the owner or driver of the vehicle or the vehicle identification number is not disclosed in connection with the retrieved information. ``(e) Non-Application to Trailers.--The requirements promulgated under this section shall apply to all motor vehicles except trailers, as such term is defined in section 571.3 of title 49, Code of Federal Regulations. ``(f) Definition of Model Year.--For purposes of this section, the term `model year' means the manufacturer's annual production period that begins on September 1 of a given year which includes January 1 of the calendar year for which it is named. If the manufacturer has no annual production period, the term `model year' for that manufacturer means the calendar year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 30128 the following new item: 30129. Event data recorders.

Event Data Recorder Enhancement Act - Directs the Secretary of Transportation (DOT) to modify certain federal motor vehicle safety standards to require that passenger automobiles (except trailers) be equipped with: (1) an event data recorder (EDR) meeting certain requirements; and (2) a standardized port for accessing and retrieving data stored in any EDR regardless of the manufacturer or model of the motor vehicle. Requires manufacturers of passenger automobiles to include EDRs in: (1) at least 25% of their fleet beginning in model 2013; (2) at least 65% of their fleet beginning in model year 2014; and (3) 100% of their fleet beginning in model year 2015. Requires the owner's manual of new motor vehicles sold or leased in the United States to indicate clearly the presence of EDRs. Prohibits the retrieval of information recorded or transmitted by an EDR by any other person than the owner of the motor vehicle in which such device is installed unless: (1) authorized by court order, the owner consents, or the information is retrieved by a government motor vehicle safety agency; and (2) the personally identifiable information of the owner or driver of the vehicle or vehicle identification number (VIN) is not disclosed in the retrieval of information.

To amend title 49, United States Code, to require the Secretary of Transportation to promulgate rules to require that all motor vehicles be equipped with event data recorders by 2015, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Medicaid Drug Payment Act of 2007''. SEC. 2. PROVIDING ADEQUATE PHARMACY REIMBURSEMENT UNDER MEDICAID. (a) Pharmacy Reimbursement Limits.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)) is amended-- (A) in paragraph (4), by striking ``(or, effective January 1, 2007, two or more)''; and (B) by striking paragraph (5) and inserting the following: ``(5) Use of amp in upper payment limits.--The Secretary shall calculate the Federal upper reimbursement limit established under paragraph (4) as no less than 300 percent of the weighted average (determined on the basis of utilization) of the most recent average manufacturer prices for pharmaceutically and therapeutically equivalent multiple source drug products that are available for purchase by retail community pharmacies on a nationwide basis. The Secretary shall implement a smoothing process for average manufacturer prices to ensure that Federal upper reimbursement limits do not vary significantly from month to month as a result of rebates, discounts, and other pricing practices. Such process shall be similar to the smoothing process used in determining the average sales price of a drug or biological under section 1847A.''. (2) Definition of amp.--Section 1927(k)(1) of such Act (42 U.S.C. 1396r-8(k)(1)) is amended-- (A) in subparagraph (A), by striking ``by'' and all that follows through the period and inserting ``by-- ``(i) wholesalers for drugs distributed to retail community pharmacies; and ``(ii) retail community pharmacies that purchase drugs directly from the manufacturer.''; and (B) in subparagraph (B)-- (i) in the subparagraph heading, by striking ``extended to wholesalers'' and inserting ``and other payments''; and (ii) by striking ``regard to'' and all that follows through the period and inserting ``regard to-- ``(i) customary prompt pay discounts extended to wholesalers; ``(ii) bona fide service fees paid by manufacturers to wholesalers or retail community pharmacies, including (but not limited to) distribution service fees, inventory management fees, product stocking allowances, and fees associated with administrative services agreements and patient care programs (such as medication compliance programs and patient education programs); ``(iii) reimbursement by manufacturers for recalled, damaged, expired, or otherwise unsalable returned goods, including (but not limited to) reimbursement for the cost of the goods and any reimbursement of costs associated with return goods handling and processing, reverse logistics, and drug destruction; ``(iv) payments received from, and rebates or discounts provided to, pharmacy benefit managers, managed care organizations, health maintenance organizations, insurers, hospitals, clinics, mail order pharmacies, long term care providers, manufacturers, or any other entity that does not conduct business primarily as a wholesaler or a retail community pharmacy; ``(v) any payments made by manufacturers that are associated with drugs dispensed by retail community pharmacies; and ``(vi) any other discounts, rebates, payments, or other financial transactions that are not received by, paid by, or passed through to, retail community pharmacies.''. (3) Definition of multiple source drug.--Section 1927(k)(7)(A)(i) of such Act (42 U.S.C. 1396r-8(k)(7)(A)(i)) is amended-- (A) in the matter preceding subclause (I), by striking ``there at least 1 other drug product'' and inserting ``there are at least 2 other drug products''; and (B) in subclauses (I), (II), and (III), by striking ``is'' each place it appears and inserting ``are''. (4) Definitions of retail community pharmacy; wholesaler.-- Section 1927(k) of such Act (42 U.S.C. 1396r-8(k)) is amended by adding at the end the following new paragraphs: ``(10) Retail community pharmacy.--The term `retail community pharmacy' means a traditional independent pharmacy, traditional chain pharmacy, a supermarket pharmacy, or a mass merchandiser pharmacy that is licensed as a pharmacy by a State and that dispenses medications to the general public at retail prices. Such term does not include a pharmacy that dispenses prescription medications to patients primarily through the mail, nursing home pharmacies, long-term care facility pharmacies, hospital pharmacies, clinics, charitable or not- for-profit pharmacies, government pharmacies, or pharmacy benefit managers. ``(11) Wholesaler.--The term `wholesaler' means a drug wholesaler that is licensed as a wholesaler by a State and that is engaged in wholesale distribution of prescription drugs to retail community pharmacies, including (but not limited to) manufacturers, repackers, own-label distributors, private-label distributors, jobbers, brokers, warehouses (including manufacturer's and distributor's warehouses, chain drug warehouses, and wholesale drug warehouses) independent wholesale drug traders, and retail pharmacies that conduct wholesale distributions.''. (b) Requirements of Prior Authorization Programs.--Section 1927(d)(5) of such Act (42 U.S.C. 1396r-8(d)(5)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``of the drug before its dispensing for any medically accepted indication (as defined in subsection (k)(6)) only if the system providing for such approval'' and inserting ``by the State of the use of the drug before its dispensing for any medically accepted indication (as defined in subsection (k)(6)). A State plan under this title shall, as a condition of coverage or payment for a covered outpatient drug for which Federal financial participation is available in accordance with this section, subject to prior authorization all covered outpatient drug products that are innovator multiple source drugs if such drug products are more expensive than other biologically and therapeutically equivalent drug products that are available for purchase in that State by retail community pharmacies. The system providing for such approval shall''; (2) in each of subparagraphs (A) and (B), by striking ``provides'' and inserting ``provide''; (3) by redesignating subparagraphs (A) and (B) (as so amended) as subparagraphs (C) and (D), respectively; and (4) by inserting before subparagraph (C) (as so redesignated), the following new subparagraphs: ``(A) require the prescriber to request prior authorization by substantiating the medical necessity of dispensing the covered outpatient drug as opposed to dispensing a substitute covered outpatient drug; ``(B) require that a prior authorization number assigned to the approved request by the State be included on the order for the covered outpatient drug issued by the prescriber or relayed to the dispensing pharmacist by the prescriber if the prescription is orally transmitted;''. (c) Disclosure of Price Information to the Public.--Section 1927(b)(3) of such Act (42 U.S.C. 1396r-8(b)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), in the matter preceding subclause (I), by inserting ``month of a'' after ``each''; and (B) in the last sentence, by striking ``and shall,'' and all that follows through the period; and (2) in subparagraph (D)-- (A) in clause (iii), by inserting ``and'' after the comma; (B) in clause (iv), by striking ``, and'' and inserting a period; and (C) by striking clause (v). (d) Technical Amendment.--Section 1927(d)(1) of such Act (42 U.S.C. 1396r-8(d)(1)) is amended in the paragraph heading by inserting ``and mandatory'' after ``permissible''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect as if included in the enactment of the Deficit Reduction Act of 2005 (Public Law 109-171). (2) Exception.--The amendments made by subsection (b) shall take effect on the date that is 180 days after the date of enactment of this Act.

Fair Medicaid Drug Payment Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to calculate the federal upper reimbursement limit as no less than 300% of the weighted average (based on utilization) of the most recent average manufacturer prices (AMPs) for pharmaceutically and therapeutically equivalent multiple source drug products available for purchase by retail community pharmacies on a nationwide basis. Directs the Secretary to implement a smoothing process for AMPs to ensure that federal upper reimbursement limits do not vary significantly from month to month as a result of rebates, discounts, and other pricing practices. Requires a state plan to subject to prior authorization all covered outpatient drug products that are innovator multiple source drugs, if such drug products are more expensive than other biologically and therapeutically equivalent drug products available for purchase in that state by retail community pharmacies. Revises requirements for monthly reports to the Secretary of price information by manufacturers subject to rebate agreements.

A bill to amend title XIX of the Social Security Act to ensure that individuals eligible for medical assistance under the Medicaid program continue to have access to prescription drugs, and for other purposes.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2005, namely: DEPARTMENT OF DEFENSE--MILITARY OPERATION AND MAINTENANCE Operation and Maintenance, Defense-Wide (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ``Operation and Maintenance, Defense- Wide'', $1,400,000,000 for emergency hurricane expenses, to support costs of evacuation, emergency repairs, deployment of personnel, and other costs resulting from immediate relief efforts, to remain available until September 30, 2006: Provided, That the Secretary of Defense may transfer these funds to appropriations for military personnel, operation and maintenance, procurement, family housing, Defense Health Program, and working capital funds: Provided further, That not to exceed $6,000,000 may be transferred to ``Armed Forces Retirement Home'' for emergency hurricane expenses: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the Secretary of Defense shall, not more than 5 days after making transfers from this appropriation, notify the Committees on Appropriations in writing of any such transfer: Provided further, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil OPERATION AND MAINTENANCE For an additional amount for ``Operation and Maintenance'' for emergency expenses for repair of storm damage to authorized projects in the Gulf states affected by Hurricane Katrina, $200,000,000, to remain available until expended: Provided, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide, at a minimum, a weekly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than September 15, 2005: Provided further, That the amount provided herein is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). Flood Control and Coastal Emergencies For an additional amount for ``Flood Control and Coastal Emergencies'', as authorized by section 5 of the Flood Control Act of August 16, 1941 (33 U.S.C. 701), for emergency expenses for repair of damage to flood control and hurricane shore protection projects in the Gulf states caused by Hurricane Katrina, $200,000,000, to remain available until expended: Provided, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide, at a minimum, a weekly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than September 15, 2005: Provided further, That the amount provided herein is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). DEPARTMENT OF HOMELAND SECURITY EMERGENCY PREPAREDNESS AND RESPONSE Disaster Relief (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ``Disaster Relief'', $50,000,000,000, to remain available until expended: Provided, That up to $100,000,000 may be transferred to and merged with ``Emergency Preparedness and Response, Public Health Programs'' for the National Disaster Medical System to support medical care as authorized by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-11): Provided further, That $15,000,000 shall be transferred to and merged with ``Departmental Management and Operations, Office of Inspector General'' for necessary expenses of the Office of Inspector General for audits and investigations as authorized by law for Hurricane Katrina response and recovery activities: Provided further, That the Secretary of Homeland Security shall provide, at a minimum, a weekly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than September 15, 2005: Provided further, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). GENERAL PROVISION Sec. 101. For procurements of property or services determined by the head of an executive agency to be used in support of Hurricane Katrina rescue and relief operations-- (1) the emergency procurement authority in subsection 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)) may be used; and (2) the amount specified in subsections (c), (d), and (f) of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) shall be $250,000. This Act may be cited as the ``Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 - Appropriates an additional $1.4 billion to the Department of Defense-Military for ``Operation and Maintenance, Defense-Wide'' for emergency hurricane expenses, to support costs of evacuation, emergency repairs, deployment of personnel, and other costs resulting from immediate relief efforts, to remain available through FY2006. Allows the transfer of up to $6 million to the Armed Forces Retirement Home for emergency hurricane expenses. Authorizes the Secretary of Defense to transfer these funds to appropriations for military personnel, operation and maintenance, procurement, family housing, Defense Health Program, and working capital funds. Requires transferred funds to be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred. Requires re-transfer back to this appropriation of any transferred funds determined to be not necessary for the purposes of this Act. Directs the Secretary to notify the congressional defense committees in writing within five days after any such transfer. Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974. Appropriates to the Department of the Army, Corps of Engineers--Civil, an additional $200 million for "Operation and Maintenance," and an additional $200 million for "Flood Control and Coastal Emergencies," to remain available until expended, for emergency expenses for repair of storm damage to authorized projects, as well as flood control and hurricane shore protection projects, in the Gulf States affected by Hurricane Katrina. Requires weekly reports by the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, to the Committees on Appropriations on funds allocation and obligation. Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974. Appropriates an additional $50 billion to the Department of Homeland Security for disaster relief (for areas affected by Hurricane Katrina), to remain available until expended, of which up to $100 million may be transferred to and merged with "Emergency Preparedness and Response--Public Health Programs" for the National Disaster Medical System to support medical care as authorized by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Requires the transfer of $15 million to, and merger with, "Departmental Management and Operations--Office of Inspector General" for necessary expenses of the Office of Inspector General for audits and investigations as authorized by law for Hurricane Katrina response and recovery activities. Requires weekly reports by the Secretary of Homeland Security to the Committees on Appropriations on funds allocation and obligation. Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974. (Sec. 101) Authorizes the use of the emergency procurement authority of the Office of Federal Procurement Policy Act by executive agencies to make purchases without obtaining competitive quotations for procurements of property or services determined by the agency head to be used in support of Hurricane Katrina rescue and relief operations, if an agency employee determines that the purchase price is reasonable. Increases from $2,500 to $250,000 the maximum amount (micro-purchase threshold) of such a purchase that: (1) may be made without obtaining competitive quotations; and (2) need not be distributed equitably among qualified suppliers.

Making further emergency supplemental appropriations to meet immediate needs arising from the consequences of Hurricane Katrina, for the fiscal year ending September 30, 2005, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Home Health Refinement Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--EMERGENCY CASH-FLOW ASSISTANCE FOR HOME HEALTH AGENCIES Sec. 101. Home Health Transitional Loan Program. Sec. 102. Establishment of split-payment percentages under the PPS for home health services. Sec. 103. Prompt payment from medicare trust funds under the IPS and the PPS for home health services. TITLE II--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR UNFUNDED PPS RELATED COSTS Sec. 201. Adjustment to reflect administrative costs not included in the PPS for home health services. TITLE III--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR OASIS LABOR COSTS Sec. 301. Reimbursement for OASIS labor costs under the IPS and PPS for home health services. TITLE IV--NONROUTINE MEDICAL SUPPLIES FURNISHED BY HOME HEALTH AGENCIES Sec. 401. Exclusion of nonroutine medical supplies under the PPS for home health services. SEC. 2. FINDINGS. Congress makes the following findings: (1) Home health care is a vital component of the medicare program under title XVIII of the Social Security Act. (2) Home health services provided under the medicare program enable medicare beneficiaries who are homebound and greatly risk costly institutionalized care to continue to live in their own homes and communities. (3) The Balanced Budget Act of 1997 reformed Medicare home health care spending by instructing the Health Care Financing Administration (in this section referred to as ``HCFA'') to implement a prospective payment system. (4) A number of HCFA's regulations to implement the prospective payment system are administratively burdensome and divert funds away from needed beneficiary care. (5) The vast majority of home health agencies are small businesses or nonprofit institutions that cannot operate with significant cash flow problems. (6) The prospective payment system should not penalize home health agencies that treat medicare beneficiaries with higher- than-average medical needs. TITLE I--EMERGENCY CASH-FLOW ASSISTANCE FOR HOME HEALTH AGENCIES SEC. 101. HOME HEALTH TRANSITIONAL LOAN PROGRAM. (a) Establishment of Home Health Transitional Loan Program.--There is established a Home Health Transitional Loan Program under which the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall make loans from the Federal Hospital Insurance Trust Fund to any qualified home health agency (as defined in subsection (c)) in accordance with the terms and conditions described in subsection (b) before the termination of the authority of the Secretary to make such loans under subsection (d). (b) Terms and Conditions.-- (1) In general.--Subject to paragraph (2), the Secretary shall make loans on such terms and conditions as the Secretary may specify. (2) Specific terms and conditions.--The terms and conditions of each loan shall include the following: (A) Application.--The Secretary shall approve each application for a loan under this section submitted by a qualified home health agency not later than 10 days after the Secretary receives such application. (B) Amount.--The total amount of a loan made to a qualified home health agency under this section may not exceed the average total costs incurred by such a home health agency during a 3-month period as reported on such home health agency's most recently settled medicare cost report. (C) Interest rate.--The interest rate of the loans made under this section shall be zero percent. (D) Duration.--The home health agency shall repay any loan made under this section not later than 12 months after the date on which such loan is made. (c) Qualified Home Health Agency Defined.--The term ``qualified home health agency'' means a home health agency (as defined in section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o))) that the Secretary determines does not have sufficient cash reserves to transition from the interim payment system for home health services under section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)) (in this section referred to as the ``IPS'' to the prospective payment system for such services under section 1895 of such Act (42 U.S.C. 1395fff) (in this section referred to as the ``PPS'') because of-- (1) the repayment by the home health agency of overpayments made under the IPS; (2) the discontinuation of the periodic interim payment for home health agencies by section 4603(b) of the Balanced Budget Act of 1997 (Public Law 105-133; 111 Stat. 470); or (3) the payment amounts under the PPS being less than the payment amounts under the IPS. (d) Termination of Authority.--The Secretary may not make any loan under this section after the date that is 6 months after the date of enactment of this Act. (e) Effective Date.--This section shall take effect on the later of-- (1) the date of enactment of this Act; or (2) the date on which the Secretary implements the prospective payment system under section 1895 of the Social Security Act (42 U.S.C. 1395fff). SEC. 102. ESTABLISHMENT OF SPLIT-PAYMENT PERCENTAGES UNDER THE PPS FOR HOME HEALTH SERVICES. (a) Establishment.--Section 1895(b) of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new paragraph: ``(7) Establishment of split-payment percentages.--In making payments under this section, the Secretary shall pay to the agency 80 percent of the prospective payment amount upon the transmittal of the notice of patient admission and 20 percent of such amount upon transmittal of the final episode claim.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 103. PROMPT PAYMENT FROM MEDICARE TRUST FUNDS UNDER THE IPS AND THE PPS FOR HOME HEALTH SERVICES. (a) Under the IPS.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the following new clause: ``(xi) To ensure that payment of claims of home health agencies are not delayed because the Secretary must determine from which trust fund to pay a claim under this subparagraph, the Secretary shall pay the full amount of each claim for an episode of care from the Federal Supplementary Medical Insurance Trust Fund, and, in the case that any amount paid from such Trust Fund should have been paid from the Federal Hospital Insurance Trust Fund, the Secretary shall transfer such amount from the Federal Hospital Insurance Trust Fund to the Federal Supplementary Medical Insurance Trust Fund.''. (b) Under the PPS.--Section 1895(b) of the Social Security Act (42 U.S.C. 1395fff) (as amended by section 102) is amended by adding at the end the following new paragraph: ``(8) Prompt payments from trust funds.--To ensure that payment of claims of home health agencies are not delayed because the Secretary must determine from which trust fund to pay a claim under this section, the Secretary shall pay the full amount of each claim for an episode of care from the Federal Supplementary Medical Insurance Trust Fund, and, in the case that any amount paid from such Trust Fund should have been paid from the Federal Hospital Insurance Trust Fund, the Secretary shall transfer such amount from the Federal Hospital Insurance Trust Fund to the Federal Supplementary Medical Insurance Trust Fund.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. TITLE II--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR UNFUNDED PPS RELATED COSTS SEC. 201. ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS NOT INCLUDED IN THE PPS FOR HOME HEALTH SERVICES. (a) Adjustment To Reflect Administrative Costs.--In the case of a home health agency that furnishes home health services to a medicare beneficiary, for each such beneficiary to whom the agency furnished such services during the agency's cost reporting period beginning in fiscal year 2000, the Secretary of Health and Human Services shall pay the agency, in addition to any amount of payment made under section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) for the beneficiary and only for such cost reporting period, an aggregate amount of $10 to defray costs incurred by the agency attributable to technology costs required for compliance with the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff), including the acquisition of computer hardware and software necessary for classification of patients, and accounting, billing, and transmitting data in the manner required under such payment system. (b) Payment 30 Days After Settled Cost Report.--The Secretary shall pay the amounts payable to an agency under this section no later than 30 days after the later of-- (1) the date of enactment of this Act; or (2) the date on which the cost report submitted by the agency for the cost reporting period beginning in fiscal year 2000 is settled. (c) Payment From Medicare Trust Funds.--Payments under this section shall be made, in appropriate part as specified by the Secretary, from the Federal Hospital Insurance Trust Fund and from the Federal Supplementary Medical Insurance Trust Fund. (d) Definitions.--In this section: (1) Home health agency.--The term ``home health agency'' has the meaning given that term under section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (2) Home health services.--The term ``home health services'' has the meaning given that term under section 1861(m) of such Act (42 U.S.C. 1395x(m)). (3) Medicare beneficiary.--The term ``medicare beneficiary'' means a beneficiary described in section 1861(v)(1)(L)(vi)(II) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)(II)). TITLE III--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR OASIS LABOR COSTS SEC. 301. REIMBURSEMENT FOR OASIS LABOR COSTS UNDER THE IPS AND PPS FOR HOME HEALTH SERVICES. (a) Adjustment To Reflect Administrative Costs.-- (1) Under the interim payment system.--Section 301(a) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (42 U.S.C. 1395fff note) is amended-- (A) in paragraph (1)-- (i) by inserting ``and each subsequent fiscal year before the implementation of the prospective payment system under section 1895 of the Social Security Act (42 U.S.C. 1395fff)'' after ``beginning in fiscal year 2000''; and (ii) by striking ``$10'' and inserting ``$30''; (B) in paragraph (2)-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting after the heading the following: ``(A) For fiscal year 2000.--''; and (iii) by adding at the end the following new subparagraph: ``(B) For subsequent fiscal years.--For each cost reporting period beginning after fiscal year 2000 and before the implementation of the prospective payment system under section 1895 of the Social Security Act (42 U.S.C. 1395fff), the Secretary shall pay the amounts payable to an agency under this subsection no later than 30 days after the date on which the cost report submitted by the agency for the cost reporting period beginning in such fiscal year is settled.''. (2) Under the prospective payment system.--Section 1895(b) of the Social Security Act (42 U.S.C. 1395fff) (as amended by section 103) is amended by adding at the end the following new paragraph: ``(9) Adjustment to reflect oasis administrative costs.--In the case of a home health agency that furnishes home health services to a medicare beneficiary, for each such beneficiary to whom the agency furnished such services during the agency's cost reporting period for which payment is made to such agency under this section, the Secretary shall include in such payment an aggregate amount of $30 to defray costs incurred by the agency attributable to data collection and reporting requirements under the Outcome and Assessment Information Set (OASIS) required by reason of section 4602(e) of BBA (42 U.S.C. 1395fff note). (b) Waiving Budget Neutrality.--Section 1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding at the end the following new subparagraph: ``(D) No adjustment for additional payments for oasis administrative costs.--The Secretary shall not reduce the standard prospective payment amount (or amounts) under this paragraph applicable to home health services furnished during a period to offset the increase in payments resulting from the application of paragraph (9).''. (c) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-358), as enacted into law by section 1000(a)(6) of Public Law (106-113). TITLE IV--NONROUTINE MEDICAL SUPPLIES FURNISHED BY HOME HEALTH AGENCIES SEC. 401. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME HEALTH SERVICES. (a) In General.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(e) Exclusion of Nonroutine Medical Supplies.-- ``(1) In general.--Notwithstanding the preceding provisions of this section, in the case of all nonroutine medical supplies (as defined by the Secretary) furnished by a home health agency during a year (beginning with 2001) for which payment is otherwise made on the basis of the prospective payment amount under this section, payment under this section shall instead be based on the lesser of-- ``(A) the actual charge for the nonroutine medical supply, or ``(B) the amount determined under the fee schedule established by the Secretary for purposes of making payment under this subsection for nonroutine medical supplies furnished during that year. ``(2) Budget neutrality adjustment.--The Secretary shall provide for an appropriate proportional reduction in payments under this section so that beginning with fiscal year 2001, the aggregate amount of such reductions is equal to the aggregate increase in payments attributable to the exclusion effected under paragraph (1).''. (b) Conforming Amendment.--Section 1895(b)(1) of the Social Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The Secretary'' and inserting ``Subject to subsection (e), the Secretary''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.

Title II: Reimbursement of Home Health Agencies for Unfunded PPS Related Costs - Provides that in the case of a home health agency that furnishes home health services to a Medicare beneficiary, for each such beneficiary to whom the agency furnished such services during the agency's cost reporting period beginning in FY 2000, the Secretary shall pay the agency a specified amount from the Medicare trust funds to defray costs incurred by it attributable to technology costs required for compliance with the PPS for home health services. Title III: Reimbursement of Home Health Agencies for OASIS Labor Costs - Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to provide for reimbursement for Outcome and Assessment Information Set (OASIS) labor costs under the IPS and PPS for home health services. Title IV: Nonroutine Medical Supplies Furnished by Home Health Agencies - Amends SSA title XVIII to: (1) exclude nonroutine medical supplies from the PPS for home health services; and (2) require payment of the lesser of the actual charge for such supplies or the amount determined under a fee schedule.

Medicare Home Health Refinement Act of 2000

SECTION 1. USE OF REDEVELOPMENT BONDS FOR ENVIRONMENTAL REMEDIATION. (a) Environmental Remediation Included as Redevelopment Purpose.-- Subparagraph (A) of section 144(c)(3) of the Internal Revenue Code of 1986 (relating to redevelopment purposes) is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the costs of environmental remediation (as defined in paragraph (9)(B)) with respect to a qualified contaminated site (as defined in paragraph (9)(C)) if such costs are incurred pursuant to an environmental remediation plan which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this clause.''. (b) Certain Requirements not to Apply to Redevelopment Bonds for Environmental Remediation.--Subsection (c) of section 144 of such Code is amended by adding at the end the following new paragraph: ``(9) Redevelopment bonds for environmental remediation.-- For purposes of clause (v) of paragraph (3)(A)-- ``(A) Certain requirements not to apply.--In the case of any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance costs referred to in paragraph (3)(A)(v)-- ``(i) paragraph (2)(A)(i) shall not apply, ``(ii) paragraph (2)(A)(ii) shall not apply to any issue issued by the governing body described in paragraph (4)(A) with respect to the area which includes the site, ``(iii) the requirement of paragraph (2)(B)(ii) shall be treated as met if-- ``(I) the payment of the principal and interest on such issue is secured by taxes imposed by a governmental unit, or ``(II) such issue is approved by the applicable elected representative (as defined in section 147(f)(2)(E)) of the governmental unit which issued such issue (or on behalf of which such issue was issued), ``(iv) subparagraphs (C) and (D) of paragraph (2) shall not apply, ``(v) subparagraphs (C) and (D) of paragraph (4) shall not apply, and ``(vi) if the real property referred to in clause (iii) of paragraph (3)(A) is 1 or more dwelling units, such clause shall apply only if the requirements of section 142(d) or 143 (as the case may be) are met with respect to such units. ``(B) Environmental remediation.--The term `environmental remediation' means-- ``(i) abatement or control of hazardous substances (as defined by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)), ``(ii) demolition of existing contaminated structures, permit fees necessary for remediation, and environmental audits, ``(iii) health assessments or health effects studies related to the site, and ``(iv) remediation of off-site contamination caused by activity on the site (other than remediation activities of a type permitted for the site). ``(C) Qualified contaminated site.--The term `qualified contaminated site' means any contaminated site if-- ``(i) the condition of the contaminated site is such that without funding under this section redevelopment is unlikely, ``(ii) the contaminated site has not been in productive use for at least 1 year before such funding, ``(iii) there is a strong likelihood of redevelopment of the site for industrial or commercial use that will result in creation of jobs and expansion of the tax base, and ``(iv) environmental remediation and redevelopment are likely to be completed within a reasonable period of time.''. (c) Penalty for Failure to Satisfactorily Complete Remediation Plan.--Subsection (b) of section 150 of such Code is amended by adding at the end thereof the following new paragraph: ``(7) Qualified contaminated site remediation bonds.--In the case of financing provided for costs described in section 144(c)(3)(A)(v), no deduction shall be allowed under this chapter for interest on such financing during any period during which there is a determination by the Administrator of the Environmental Protection Agency (or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this paragraph) that the remediation plan under which such costs were incurred was not satisfactorily completed.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow the use of tax-exempt redevelopment bonds for the costs of environmental remediation. Defines "environmental remediation" as: (1) abatement or control of hazardous substances; (2) demolition of existing contaminated structures, permit fees necessary for remediation, and environmental audits; (3) health assessments or health effects studies related to a contaminated site; and (4) remediation of off-site contamination caused by activity on a contaminated site. Denies an income tax deduction for interest paid on redevelopment bonds for environmental remediation if the Administrator of the Environmental Protection Agency determines that a remediation plan financed with redevelopment bonds was not satisfactorily completed.

To amend the Internal Revenue Code of 1986 to provide for the use of redevelopment bonds for environmental remediation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Growth Initiative Act of 2005''. SEC. 2. CREDIT FOR EMPLOYEE TRAINING EXPENSES OF SMALL BUSINESSES. (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. SMALL BUSINESS EMPLOYEE TRAINING EXPENSES. ``(a) In General.-- ``(1) Allowance of credit.--For purposes of section 38, in the case of an eligible small business employer, the small business employee training credit determined under this section for the taxable year is an amount equal to so much of the qualified training expenses paid or incurred by the eligible small business employer with respect to qualified employees as exceeds the base amount. ``(2) Base amount.--For purposes of paragraph (1)-- ``(A) In general.--The base amount is an amount equal to the average amount of qualified training expenses paid or incurred by the eligible small business employer with respect to all qualified employees for the 3 preceding taxable years. ``(B) Special rule for new businesses.-- ``(i) Businesses with at least 1 taxable year.--In the case of an eligible small business employer which has at least 1 full preceding taxable year but fewer than 3 preceding taxable years, the base amount shall be the amount of qualified training expenses paid or incurred by such employer with respect to all qualified employees during the preceding taxable year. ``(ii) Start-up year.--In the case of an eligible small business employer which does not have any full preceding taxable years, the base amount shall be zero. ``(b) Limitations.-- ``(1) Per employee limitation.--The amount of the credit allowed under subsection (a) for any taxable year with respect to any qualified employee shall not exceed $1,000 ($500 in the case of an eligible small business to which subsection (a)(2)(B)(ii) applies). ``(2) Number of employees.--Not more than 5 qualified employees may be taken into account under subsection (a) for any taxable year. ``(c) Eligible Small Business Employer.-- ``(1) In general.--The term `eligible small business employer' means, with respect to any calendar year, an employer who employed an average of at least 2 but not more than 100 employees on business days during the preceding taxable year. ``(2) Exception.--Such term shall not include any employer who is a physician or whose principal business is providing legal, accounting, engineering, architectural, or similar services. ``(d) Qualified Training Expenses.--For purposes of this section, the term `qualified training expenses' means expenses paid or incurred for the training of a qualified employee to a person who is an eligible provider of training services within the meaning of section 122 of the Workforce Investment Act of 1998. ``(e) Qualified Employee.--For purposes of this section, the term `qualified employee' means an individual who has been employed by the eligible small business employer on a full-time basis for at least 6 months and who is not any of the following: ``(1) A highly compensated employee (within the meaning of section 414(q)). ``(2) A physician or a veterinarian. ``(3) An individual participating in an apprenticeship or a specialty trade skills development program associated with a specialty trade contractor as specified in subsection 238 of the North American Industry Classification System (as in effect on the date of the enactment of this section).''. (b) Credit Made Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(27) the small business employee training credit determined under section 45N(a).''. (c) Clerical Amendment.--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. Small business employee training credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenditures incurred after December 31, 2005. SEC. 3. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended to read as follows: ``(a) Exclusion.--Gross income shall not include any gain from the sale or exchange of qualified small business stock held for more than 3 years.''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 1(h)(4) of such Code is amended to read as follows: ``(A) collectibles gain, over''. (B) Section 1(h) of such Code is amended by striking paragraph (7). (C)(i) Section 1(h) of such Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such Code are each amended by striking ``section 1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''. (iii) The following sections in 301(f)(4) of such Code are each amended by striking ``section 1(h)(11)'' and inserting ``section 1(h)(10)'': (I) Section 301(f)(4). (II) Section 306(a)(1)(D). (III) Section 584(c). (IV) Section702(a)(5). (V) Section 854(a). (VI) Section 854(b)(2). (iv) The heading of section 857(c)(2) is amended by striking ``1(h)(11)'' and inserting ``1(h)(10)''. (D) Subsection (c) of section 1202 of such Code 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.''. (E) Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (F) The heading for section 1202 of such Code is amended by striking ``partial''. (G) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``Partial exclusion'' in the item relating to section 1202 and inserting ``Exclusion''. (b) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (c) Repeal of Per-Issuer Limitation.--Section 1202(b) of the Internal Revenue Code of 1986 (relating to per-issuer limitations on taxpayer's eligible gain) is repealed. (d) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of the Internal Revenue Code of 1986 (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following new subparagraph: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.''. (e) Qualified Trade or Business.--Section 1202(e)(3) of the Internal Revenue Code of 1986 (defining qualified trade or business) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (f) Effective Dates.--The amendments made by this section apply to stock issued after December 31, 2005. SEC. 4. EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESS. Subsections (b), (c), and (d) of section 179 are each amended by striking ``2008'' each place it appears and inserting ``2011''. SEC. 5. SBIR AND STTR PROGRAM EXPENDITURES. (a) SBIR Program Expenditures.--Section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) is amended by striking subparagraphs (A) through (C) and inserting the following: ``(A) not less than 2.5 percent of such budget in fiscal year 2006; ``(B) not less than 3.0 percent of such budget in fiscal year 2007; ``(C) not less than 3.5 percent of such budget in fiscal year 2008; ``(D) not less than 4.0 percent of such budget in fiscal year 2009; ``(E) not less than 4.5 percent of such budget in fiscal year 2010; and ``(F) not less than 5.0 percent of such budget in fiscal year 2011 and each fiscal year thereafter,''. (b) STTR Program Expenditures.--Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) not less than 0.3 percent in fiscal year 2006; ``(ii) not less than 0.36 percent in fiscal year 2007; ``(iii) not less than 0.42 percent in fiscal year 2008; ``(iv) not less than 0.48 percent in fiscal year 2009; ``(v) not less than 0.54 percent in fiscal year 2010; ``(vi) not less than 0.6 percent in fiscal year 2011 and each fiscal year thereafter.''. SEC. 6. EXPANSION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS. (a) In General.--Paragraph (1) of section 45E(b) of the Internal Revenue Code of 1986 is amended by striking ``$500'' and inserting ``$1,000''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005.

Small Business Growth Initiative Act of 2005 - Amends the Internal Revenue Code to: (1) allow certain small business employers (with between two and 100 employees) a business tax credit for employee training expenses; (2) double the tax exclusion of gain from the sale or exchange of qualified small business stock and reduce the holding period for such stock from five to three years; (3) exempt such small business stock gain from the alternative minimum tax; (4) extend through 2010 the increased expensing allowance for depreciable business assets; and (5) increase the tax credit for small employer pension startup costs. Amends the Small Business Act to increase federal agency expenditures under the Small Business Innovation Research program (SBIR) and the Small Business Technology Transfer program (STTR) through FY2011.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for small business employee training expenses, to increase the exclusion of capital gains from small business stocks, to extend expensing for small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2013'' or the ``BUILD Career and Technical Education Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The average high school graduation rate for students concentrating in career and technical education programs is 91.8 percent. (2) Career and technical education concentrators improved their 12th grade National Assessment of Educational Progress scores by 8 points in reading and 11 in mathematics, while students who took no career and technical education courses did not increase their mathematics scores and only increased reading by 4 points. (3) Students at schools with highly integrated rigorous academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. (4) Four out of 5 graduates of secondary-level career or technical education programs who pursued postsecondary education after secondary school had earned a credential or were still enrolled in postsecondary education 2 years later. SEC. 3. PILOT GRANT PROGRAM TO SUPPORT CAREER AND TECHNICAL EDUCATION EXPLORATION PROGRAM IN MIDDLE SCHOOLS AND HIGH SCHOOLS. (a) Purposes.--The purposes of this Act are the following: (1) To provide students with opportunities to participate in career and technical education exploration programs and to provide information on available career and technical education programs and their impact on college and career readiness. (2) To expand professional growth of, and career opportunities for, students through career and technical education exploration programs. (3) To enhance collaboration between education providers and employers. (4) To develop or enhance career and technical education exploration programs with ties to a career and technical education program of study. (5) To evaluate students' participation in coordinated middle school and high school career and technical education exploration programs. (b) Definitions.--In this Act: (1) Career and technical education exploration program.-- The term ``career and technical education exploration program'' means a course or series of courses that provides experiential learning opportunities in 1 or more programs of study (including after school and during the summer), as appropriate, and the opportunity to connect experiential learning to education and career pathways that is offered to middle school students or high school students, or both. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (c) Authorization of Grant Program.-- (1) In general.--The Secretary shall award grants to local educational agencies to support career and technical education exploration programs. (2) Grant duration.--Grants awarded under this Act shall be 2 years in duration. (3) District capacity taken into account.--In awarding grants under paragraph (1), the Secretary shall take into account the resources and capacity of each local educational agency that applies for a grant. (d) Applications.--A local educational agency that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Priority.--In awarding grants under this Act, the Secretary shall give priority to grant proposals that-- (1) demonstrate-- (A) that a partnership among the local educational agency and business, industry, labor, or institutions of higher education, where appropriate to the grant project, exists and will participate in carrying out grant activities under this Act; (B) innovative and sustainable design; (C) a curriculum aligned with State diploma requirements; (D) a focus on preparing students, including special populations and nontraditional students, with opportunities to explore careers and skills required for jobs in their State and that provide high wages and are in demand; (E) a method of evaluating success; and (F) that the programs to be assisted with grant funds are not receiving assistance under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); and (2) include an assurance that-- (A) the local educational agency will fund the operational costs of the activities described in this Act after the grant period expires; and (B) if the local educational agency charges a fee to participate in the after school and summer components of the career and technical education exploration program to be carried out by the agency, the agency will implement such fee on a sliding scale according to income and established in a manner that makes participation financially feasible for all students. (f) Uses of Funds.-- (1) In general.--A local educational agency that receives a grant under this Act shall use the grant funds to carry out any of the following: (A) Leasing, purchasing, upgrading, or adapting equipment related to the content of career and technical education exploration program activities. (B) Program director, instructor, or other staff expenses to coordinate or implement program activities. (C) Consultation services with a direct alignment to the program goals. (D) Support of professional development programs aligned to the program goals. (E) Minor remodeling, if any, necessary to accommodate new equipment obtained pursuant to subparagraph (A). (F) Evaluating the access to career and technical education exploration programs and the impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))), or other postsecondary programs of study, high school completion, and the number of students who earn an industry-recognized credential, associate's degree, bachelor's degree, or other career and technical education related postsecondary credit in addition to a high school diploma. (2) Use and ownership of materials or equipment.--Any materials or equipment purchased with grant funds awarded under this Act shall be the property of the local educational agency. (3) Administrative costs.--A local educational agency that receives a grant under this Act may use not more than 5 percent of the grant funds for administrative costs associated with carrying out activities under this Act. (g) Evaluations.-- (1) In general.--A local educational agency that receives a grant under this Act shall develop an evaluation plan of grant activities that shall include an evaluation of specific outcomes, described in paragraph (2), and progress toward meeting such outcomes within the timeline of the grant that shall be measurable through collection of appropriate data or documented through other records. Such evaluation shall reflect the resources and capacity of the local educational agency. (2) Outcomes.--The specific outcomes shall clearly address the following areas: (A) The extent of student participation in career and technical education exploration programs. (B) Improved rigor in technical or academic content aligned to diploma requirements and industry recognized technical standards. (C) Improved alignment between career and technical education and other courses, including core academic subjects. (D) The impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))) and other postsecondary programs of study. (3) Submission to the department.--A local educational agency that receives a grant under this Act shall submit evaluations conducted under this subsection to the Secretary. (h) Supplement Not Supplant.--Funds received under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $20,000,000.

Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2013 or the BUILD Career and Technical Education Act of 2013 - Directs the Secretary of Education to award competitive two-year grants to local educational agencies to support career and technical education exploration programs that provide middle and high school students with experiential learning opportunities that are connected to their education and career pathways. Requires grant funds to be used for: (1) leasing, purchasing, upgrading, or adapting equipment related to program activities; (2) staff expenses in coordinating or implementing program activities; (3) consultation services that are directly aligned to program goals; (4) professional development programs that are aligned to program goals; (5) minor remodeling to accommodate program equipment; and/or (6) program evaluation. Requires each grantee to develop a plan to evaluate grant activities that includes an evaluation of specified outcomes.

BUILD Career and Technical Education Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Initiative 911 Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Open communication of information and ideas among peoples of the world contributes to international peace and stability, and that the promotion of such communication is important to the national security of the United States. (2) The United States needs to improve its communication of information and ideas to people in foreign countries, particularly in countries with significant Muslim populations. (3) A significant expansion of United States international broadcasting would provide a cost-effective means of improving communication with countries with significant Muslim populations by providing news, information, and analysis, as well as cultural programming, through both radio and television broadcasts. (4) The report of the National Commission on Terrorist Attacks Upon the United States stated that, ``Recognizing that Arab and Muslim audiences rely on satellite television and radio, the government has begun some promising initiatives in television and radio broadcasting to the Arab world, Iran, and Afghanistan. These efforts are beginning to reach large audiences. The Broadcasting Board of Governors has asked for much larger resources. It should get them.''. SEC. 3. SPECIAL AUTHORITY FOR SURGE CAPACITY. The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by adding at the end the following new section: ``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY. ``(a) Emergency Authority.-- ``(1) In general.--Whenever the President determines it to be important to the national interests of the United States and so certifies to the appropriate congressional committees, the President, on such terms and conditions as the President may determine, is authorized to direct any department, agency, or other entity of the United States to furnish the Broadcasting Board of Governors with such assistance as may be necessary to provide international broadcasting activities of the United States with a surge capacity to support United States foreign policy objectives during a crisis abroad. ``(2) Supersedes existing law.--The authority of paragraph (1) supersedes any other provision of law. ``(3) Surge capacity defined.--In this subsection, the term `surge capacity' means the financial and technical resources necessary to carry out broadcasting activities in a geographical area during a crisis. ``(b) Authorization of Appropriations.-- ``(1) In general.--Effective October 1, 2004, there are authorized to be appropriated to the President such amounts as may be necessary for the President to carry out this section, except that no such amount may be appropriated which, when added to amounts previously appropriated for such purpose but not yet obligated, would cause such amounts to exceed $25,000,000. ``(2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations in this subsection are authorized to remain available until expended. ``(3) Designation of appropriations.--Amounts appropriated pursuant to the authorization of appropriations in this subsection may be referred to as the `United States International Broadcasting Surge Capacity Fund'.''. SEC. 4. REPORT. In each annual report submitted under section 305(a)(9) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204(a)(9)) after the date of enactment of this Act, the Broadcasting Board of Governors shall give special attention to reporting on the activities carried out under this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated to carry out United States Government broadcasting activities under the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted in division of G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 107-277), and this Act, and to carry out other authorities in law consistent with such purposes: (1) International broadcasting operations.--For ``International Broadcasting Operations'', $497,000,000 for the fiscal year 2005. (2) Broadcasting capital improvements.--For ``Broadcasting Capital Improvements'', $70,000,000 for the fiscal year 2005. (b) Availability of Funds.--Amounts appropriated pursuant to the authorization of appropriations in this section are authorized to remain available until expended.

Initiative 911 Act - Amends the United States International Broadcasting Act of 1994 to authorize the President to direct any department, agency, or other U.S. entity to furnish the Broadcasting Board of Governors with necessary assistance to provide international broadcasting activities with a surge capacity to support U.S. foreign policy objectives during a crisis abroad. Defines "surge capacity" as the financial and technical resources necessary to carry out broadcasting activities in a geographical area during a crisis.

A bill to authorize appropriations for international broadcasting operations and capital improvements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sikes Act Reauthorization Act of 2003''. SEC. 2. REAUTHORIZATION OF TITLE I OF SIKES ACT. Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking ``fiscal years 1998 through 2003'' each place it appears and inserting ``fiscal years 2004 through 2008''. SEC. 3. SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) The Department of Defense maintains over 25,000,000 acres of valuable fish and wildlife habitat on approximately 400 military installations nationwide. (2) These lands contain a wealth of plant and animal life, vital wetlands for migratory birds, and nearly 300 federally listed threatened species and endangered species. (3) Increasingly, land surrounding military bases are being developed with residential and commercial infrastructure that fragments fish and wildlife habitat and decreases its ability to support a diversity of species. (4) Comprehensive conservation plans, such as integrated natural resource management plans under the Sikes Act (16 U.S.C. 670 et seq.), can ensure that these ecosystem values can be protected and enhanced while allowing these lands to meet the needs of military operations. (5) Section 107 of the Sikes Act (16 U.S.C. 670e-2) requires sufficient numbers of professionally trained natural resources management personnel and natural resources law enforcement personnel to be available and assigned responsibility to perform tasks necessary to carry out title I of the Sikes Act, including the preparation and implementation of integrated natural resource management plans. (6) Managerial and policymaking functions performed by Department of Defense on-site professionally trained natural resource management personnel on military installations are appropriate governmental functions. (7) Professionally trained civilian biologists in permanent Federal Government career managerial positions are essential to oversee fish and wildlife and natural resource conservation programs are essential to the conservation of wildlife species on military land. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense should take whatever steps are necessary to ensure that section 107 of the Sikes Act (16 U.S.C. 670e-2) is fully implemented consistent with the findings made in subsection (a). SEC. 4. ADVANCE NOTICE AND CONSULTATION REGARDING INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS. Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is amended-- (1) by inserting ``(A)'' before ``The Secretary''; and (2) by adding at the end the following: ``(B)(i) The Secretary of a military department shall advise the Secretary of the Interior and the head of the appropriate State fish and wildlife agency of the intent of the Secretary of the military department to prepare or revise an integrated natural resources management plan under this subsection, by not later than 30 days before publishing public notice of such intent. ``(ii) The Secretary of the military department, the Secretary of the Interior, and the head of such appropriate State fish and wildlife agency, in the period beginning on the date of publication of notice under clause (i) and ending on the date of publication of public notice referred to in clause (i), shall consult to determine the following: ``(I) The intended scope of the integrated natural resources management plan that is the subject of the notice. ``(II) The timetable for preparation or revision of such plan. ``(III) What steps must be taken to comply with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) in such preparation or revision. ``(IV) An estimation of the financial and human resources needed to complete such preparation or revision.''. SEC. 5. RESOURCE AGENCY CERTIFICATIONS REGARDING INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS. Section 101 of the Sikes Act (16 U.S.C. 670a) is further amended-- (1) in subsection (a)(2), by adding at the end the following: ``(C) An integrated natural resources management plan prepared or revised under this section shall not be considered to reflect the mutual agreement of the parties for purposes of subparagraph (A) unless the Secretary of the Interior, the head of the appropriate State fish and wildlife agency, and the Secretary of the military department that prepares or revises the plan each certify that the plan adequately addresses conservation, protection, and management of fish and wildlife resources.''; (2) in subsection (b)(2), by inserting ``and recertified under subsection (a)(2)(C) by each of the Secretary of the Interior, the head of the appropriate State fish and wildlife agency, and the Secretary of the military department that prepared the plan'' after ``parties thereto''; and (3) in subsection (f)(2), by adding at the end the following: ``The report shall include a statement of the number of integrated natural resources management plans that were certified or recertified by the Secretary of the Interior under subsection (a)(2)(C) in the year covered by the report.''. SEC. 6. PUBLIC NOTICE AND COMMENT REGARDING INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS. Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is further amended by adding at the end the following: ``(D) The Secretary of a military department shall-- ``(i) publish public notice in the Federal Register or, if more appropriate, a readily accessible publication such as a local or regional newspaper, of the intent of the Secretary to prepare or revise an integrated natural resources management plan under this paragraph; and ``(ii) provide an opportunity for the submission by the public of comments regarding such preparation or revision, for a period of at least 30 days.''. SEC. 7. INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS. (a) In General.--Section 101(b)(1) of the Sikes Act (16 U.S.C. 670a(b)(1)) is amended by redesignating subparagraphs (D) through (J) in order as subparagraphs (E) through (K), and by inserting after subparagraph (C) the following: ``(D) in the case of a plan for a military installation in Guam, management, control, and eradication of invasive species that are not native to the ecosystem of the military installation and the introduction of which cause or may cause harm to military readiness, the environment, the economy, or human health and safety;''. (b) Application.--The amendment made by subsection (a) shall apply-- (1) to any integrated natural resources management plan prepared under section 101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) on or after the date of the enactment of this Act; and (2) to any integrated natural resources management plan prepared under section 101(a)(1) of the Sikes Act (16 U.S.C. 670a(a)(1)) before the date of the enactment of this Act, effective March 1, 2004. Amend the title so as to read: ``A bill to reauthorize title I of the Sikes Act, and for other purposes.''.

Sikes Act Reauthorization Act of 2003 - Amends the Sikes Act (which requires the Department of Defense and the U.S. Fish and Wildlife Service to develop and implement plans to manage natural resources on certain military lands) to reauthorize appropriations and expenditures for FY 2004 through 2008 for conservation programs on military installations. Declares the sense of Congress that the Secretary of Defense should take whatever steps are necessary to ensure full implementation (consistent with the findings of this Act) of the Sikes Act requirement that sufficient numbers of professionally trained natural resources management and law enforcement personnel be available and assigned responsibility to perform tasks necessary to carry out conservation programs on military installations, including preparation and implementation of integrated natural resource management plans. Requires the Secretary of a military department to advise the Secretary of the Interior and the head of the appropriate State fish and wildlife agency of intent to prepare or revise an integrated natural resources management plan. Requires the Secretary of the Interior, the head of the appropriate State fish and wildlife agency, and the Secretary of the military department that prepares or revises the plan each to certify that the plan they agree upon adequately addresses conservation, protection, and management of the fish and wildlife resources. Requires the Secretary of a military department to publish notice and provide an opportunity for public comments of the intent to prepare or revise an integrated natural resource management plan. Requires that an integrated natural resource management plan in Guam provide for management, control, and eradication of invasive species that are not native to the ecosystem of the military installation, and the introduction of which cause or may cause harm to military readiness, the environment, the economy, or human health and safety.

To reauthorize title I of the Sikes Act.

SECTION 1. HOMELAND SECURITY CYBERSECURITY WORKFORCE. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following new section: ``SEC. 226. CYBERSECURITY OCCUPATION CATEGORIES, WORKFORCE ASSESSMENT, AND STRATEGY. ``(a) Short Title.--This section may be cited as the `Homeland Security Cybersecurity Boots-on-the-Ground Act'. ``(b) Cybersecurity Occupation Categories.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary shall develop and issue comprehensive occupation categories for individuals performing activities in furtherance of the cybersecurity mission of the Department. ``(2) Applicability.--The Secretary shall ensure that the comprehensive occupation categories issued under paragraph (1) are used throughout the Department and are made available to other Federal agencies. ``(c) Cybersecurity Workforce Assessment.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section and annually thereafter, the Secretary shall assess the readiness and capacity of the workforce of the Department to meet its cybersecurity mission. ``(2) Contents.--The assessment required under paragraph (1) shall, at a minimum, include the following: ``(A) Information where cybersecurity positions are located within the Department, specified in accordance with the cybersecurity occupation categories issued under subsection (b). ``(B) Information on which cybersecurity positions are-- ``(i) performed by-- ``(I) permanent full time departmental employees, together with demographic information about such employees' race, ethnicity, gender, disability status, and veterans status; ``(II) individuals employed by independent contractors; and ``(III) individuals employed by other Federal agencies, including the National Security Agency; and ``(ii) vacant. ``(C) The number of individuals hired by the Department pursuant to the authority granted to the Secretary in 2009 to permit the Secretary to fill 1,000 cybersecurity positions across the Department over a three year period, and information on what challenges, if any, were encountered with respect to the implementation of such authority. ``(D) Information on vacancies within the Department's cybersecurity supervisory workforce, from first line supervisory positions through senior departmental cybersecurity positions. ``(E) Information on the percentage of individuals within each cybersecurity occupation category who received essential training to perform their jobs, and in cases in which such training is not received, information on what challenges, if any, were encountered with respect to the provision of such training. ``(F) Information on recruiting costs incurred with respect to efforts to fill cybersecurity positions across the Department in a manner that allows for tracking of overall recruiting and identifying areas for better coordination and leveraging of resources within the Department. ``(d) Workforce Strategy.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop, maintain, and, as necessary, update, a comprehensive workforce strategy that enhances the readiness, capacity, training, recruitment, and retention of the cybersecurity workforce of the Department. ``(2) Contents.--The comprehensive workforce strategy developed under paragraph (1) shall include-- ``(A) a multiphased recruitment plan, including relating to experienced professionals, members of disadvantaged or underserved communities, the unemployed, and veterans; ``(B) a 5-year implementation plan; ``(C) a 10-year projection of the Department's cybersecurity workforce needs; and ``(D) obstacles impeding the hiring and development of a cybersecurity workforce at the Department. ``(e) Information Security Training.--Not later than 270 days after the date of the enactment of this section, the Secretary shall establish and maintain a process to verify on an ongoing basis that individuals employed by independent contractors who serve in cybersecurity positions at the Department receive initial and recurrent information security training comprised of general security awareness training necessary to perform their job functions, and role-based security training that is commensurate with assigned responsibilities. The Secretary shall maintain documentation to ensure that training provided to an individual under this subsection meets or exceeds requirements for such individual's job function. ``(f) Updates.--The Secretary shall submit to the appropriate congressional committees annual updates regarding the cybersecurity workforce assessment required under subsection (c), information on the progress of carrying out the comprehensive workforce strategy developed under subsection (d), and information on the status of the implementation of the information security training required under subsection (e). ``(g) GAO Study.--The Secretary shall provide the Comptroller General of the United States with information on the cybersecurity workforce assessment required under subsection (c) and progress on carrying out the comprehensive workforce strategy developed under subsection (d). The Comptroller General shall submit to the Secretary and the appropriate congressional committees a study on such assessment and strategy. ``(h) Cybersecurity Fellowship Program.--Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees a report on the feasibility of establishing a Cybersecurity Fellowship Program to offer a tuition payment plan for undergraduate and doctoral candidates who agree to work for the Department for an agreed-upon period of time.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding after the item relating to section 225 the following new item: ``Sec. 226. Cybersecurity occupation categories, workforce assessment, and strategy.''. SEC. 2. PERSONNEL AUTHORITIES. (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002, as amended by section 1 of this Act, is further amended by adding at the end the following new section: ``SEC. 227. PERSONNEL AUTHORITIES. ``(a) In General.-- ``(1) Personnel authorities.--The Secretary may exercise with respect to qualified employees of the Department the same authority that the Secretary of Defense has with respect to civilian intelligence personnel and the scholarship program under sections 1601, 1602, 1603, and 2200a of title 10, United States Code, to establish as positions in the excepted service, appoint individuals to such positions, fix pay, and pay a retention bonus to any employee appointed under this section if the Secretary determines that such is needed to retain essential personnel. Before announcing the payment of a bonus under this paragraph, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a written explanation of such determination. Such authority shall be exercised-- ``(A) to the same extent and subject to the same conditions and limitations that the Secretary of Defense may exercise such authority with respect to civilian intelligence personnel of the Department of Defense; and ``(B) in a manner consistent with the merit system principles set forth in section 2301 of title 5, United States Code. ``(2) Civil service protections.--Sections 1221 and 2302, and chapter 75 of title 5, United States Code, shall apply to the positions established pursuant to the authorities provided under paragraph (1). ``(3) Plan for execution of authorities.--Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains a plan for the use of the authorities provided under this subsection. ``(b) Annual Report.--Not later than one year after the date of the enactment of this section and annually thereafter for four years, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed report (including appropriate metrics on actions occurring during the reporting period) that discusses the processes used by the Secretary in implementing this section and accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by a qualified employee. ``(c) Definition of Qualified Employee.--In this section, the term `qualified employee' means an employee who performs functions relating to the security of Federal civilian information systems, critical infrastructure information systems, or networks of either of such systems.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding after the item relating to section 226 (as added by section 1 of this Act) the following new item: ``Sec. 227. Personnel authorities.''. SEC. 3. CLARIFICATION REGARDING AUTHORIZATION OF APPROPRIATIONS. No additional amounts are authorized to be appropriated by reason of this Act or the amendments made by this Act. Passed the House of Representatives July 28, 2014. Attest: KAREN L. HAAS, Clerk.

(Sec. 1) Amends the Homeland Security Act of 2002 to add provisions entitled the Homeland Security Cybersecurity Boots-on-the-Ground Act, which require the Secretary of Homeland Security (DHS) to: (1) develop occupation categories for individuals performing activities in furtherance of DHS's cybersecurity mission, (2) ensure that such categories may be used throughout DHS and are made available to other federal agencies, and (3) conduct an annual assessment of the readiness and capacity of the DHS workforce to meet its cybersecurity mission. Directs the Secretary to include in such readiness assessment information on which cybersecurity positions are performed by: (1) permanent full time departmental employees (together with demographic information about such employees' race, ethnicity, gender, disability status, and veterans status); (2) individuals employed by independent contractors; and (3) individuals employed by other federal agencies, including the National Security Agency (NSA). Requires the assessment to address vacancies within the supervisory workforce, job training, and recruiting costs. Directs the Secretary to develop: (1) a workforce strategy that enhances the readiness, capacity, training, recruitment, and retention of the DHS cybersecurity workforce, including a multi-phased recruitment plan, a 5-year implementation plan, and a 10-year projection of DHS workforce needs; and (2) a process to verify that employees of independent contractors who serve in DHS cybersecurity positions receive initial and recurrent information security and role-based security training commensurate with assigned responsibilities. Requires the Secretary to provide Congress with annual updates regarding such strategies, assessments, and training. Requires the Comptroller General (GAO) to study and report to the Secretary and Congress with respect to such assessments and strategies. Directs the Secretary to report to Congress regarding the feasibility of establishing a Cybersecurity Fellowship Program to offer a tuition payment plan for undergraduate and doctoral candidates who agree to work for DHS for an agreed-upon period of time. (Sec. 2) Authorizes the Secretary to exercise personnel authorities (in the same manner as the Secretary of Defense [DOD] exercises authority with respect to civilian intelligence personnel and scholarship programs) to establish positions in the excepted service, appoint individuals, fix pay, and pay retention bonuses if needed to retain essential DHS employees who perform functions relating to the security of federal civilian information systems, critical infrastructure information systems, or related networks. Requires the Secretary to provide an explanation to Congress before announcing a bonus. Requires the Secretary to provide an annual report to Congress for a specified period regarding the processes used in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by a qualified employee.

Homeland Security Cybersecurity Boots-on-the-Ground Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ojito Wilderness Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Ojito Wilderness Study Area, located in Sandoval County, New Mexico, contains dramatic landforms and rock structures, multicolored badlands, expansive plateaus and mesa tops, and a high density of cultural and archaeological sites, paleontological resources, and diverse plant and animal species; (2) the Bureau of Land Management evaluated the Ojito area and found that the area has sufficient land area and natural characteristics to qualify for full wilderness status and protection; (3) in 1992, President George H.W. Bush concurred with the recommendation of Secretary of the Interior Manuel Lujan, Jr., that Congress designate the Ojito Wilderness based on the high quality wilderness values, close proximity to the Albuquerque and Santa Fe population centers, cultural and paleontological special features, and the lack of resource conflicts in the area; (4) the Pueblo of Zia has worked in cooperation with other interested parties to reach an agreement under which the Pueblo would acquire public land adjacent to the Zia Reservation and the Ojito Wilderness Study Area that would-- (A) enhance the protections for the land in the Ojito area; and (B) ensure that the land will remain open to the public for recreational, scenic, scientific, educational, paleontological, and conservation uses; and (5) the transfer of certain parcels of public land to the Pueblo of Zia and the designation of the Ojito Wilderness as a component of the National Wilderness Preservation System-- (A) is in the best interest of people of the State of New Mexico and people from other States; (B) would preserve and maintain the Ojito as an enduring resource of wilderness; and (C) would provide for the management and promotion of the wilderness character and various resources of the Ojito area for wildlife habitat protection, scenic and historic preservation, scientific research and education, primitive recreation, solitude, and inspiration for present and future generations of the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of New Mexico. (4) Trust area map.--The term ``Trust Area map'' means the map entitled ``Lands Transferred to Pueblo of Zia--Proposed'', numbered ____, and dated ____________. (5) Wilderness.--The term ``Wilderness'' means the Ojito Wilderness designated under section 4. (6) Wilderness map.--The term ``Wilderness map'' means the map entitled ``Ojito Wilderness Study Area: Ojito Proposal'', numbered NM-010-024, and dated April 1990. SEC. 4. DESIGNATION OF THE OJITO WILDERNESS. (a) In General.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, and, therefore, as components of the National Wilderness Preservation System, certain land in the Albuquerque District-Bureau of Land Management, New Mexico, which comprise approximately 10,903 acres, as generally depicted on the Wilderness map, and which shall be known as the ``Ojito Wilderness''. (b) Map and Legal Description.--The Wilderness map and a legal description of the Wilderness shall-- (1) be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives as soon as practicable after the date of the enactment of this Act; (2) have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the legal description and Wilderness map; and (3) be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Management of Wilderness.--Subject to valid existing rights, the Wilderness shall be managed by the Secretary, as appropriate, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (d) Management of Newly Acquired Land.--Any land within the boundaries of the Wilderness that is acquired by the Federal Government shall become part of the Wilderness within which the land is located and shall be managed in accordance with this Act and other laws applicable to the Wilderness. (e) Grazing.--Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)). (f) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. SEC. 5. LAND HELD IN TRUST. (a) In General.--Subject to valid existing rights and the conditions under subsection (d), all right, title, and interest of the United States in and to the lands (including improvements, appurtenances, and mineral rights to the lands) generally depicted on the Trust Area map shall, on receipt of consideration under subsection (c) and adoption and approval of regulations under subsection (d), be declared by the Secretary to be held in trust by the United States for the Pueblo and shall be part of the Pueblo's Reservation. (b) Map and Legal Description.--The Trust Area map and a legal description of the land described in subsection (a) shall-- (1) be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives as soon as practicable after the date of the enactment of this Act; (2) have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the legal description and Trust Area map; and (3) be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Consideration.-- (1) In general.--In consideration for the conveyance authorized under subsection (a), the Pueblo shall pay to the Secretary the amount that is equal to the fair market value of the land conveyed, as subject to the terms and conditions in subsection (d), as determined by an independent appraisal. (2) Availability.--Any amounts paid under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the acquisition from willing sellers of land or interests in land in the State. (d) Public Access.-- (1) In general.--Subject to paragraph (2), the declaration of trust and conveyance under subsection (a) shall be subject to the continuing right of the public to access the land for recreational, scenic, scientific, educational, paleontological, and conservation uses, subject to any regulations for land management and the preservation, protection, and enjoyment of the natural characteristics of the land that are adopted by the Pueblo and approved by the Secretary. (2) Conditions.-- (A) In general.--The land conveyed under subsection (a) shall be maintained as open space, and the natural characteristics of the land shall be preserved in perpetuity. (B) Prohibited uses.--The use of motorized vehicles (except on existing roads or as is necessary for the maintenance and repair of facilities used in connection with grazing operations), mineral extraction, housing, gaming, and other commercial enterprises shall be prohibited within the boundaries of the land conveyed under subsection (a). (e) Judicial Relief.-- (1) In general.--To enforce subsection (d), any person may bring a civil action in the United States District Court for the District of New Mexico seeking declaratory or injunctive relief. (2) Sovereign immunity.--The Pueblo shall not assert sovereign immunity as a defense or bar to a civil action brought under paragraph (1). (3) Effect.--Nothing in this section-- (A) authorizes a civil action against the Pueblo for money damages, costs, or attorneys fees; or (B) except as provided in paragraph (2), abrogates the sovereign immunity of the Pueblo. (f) Effect.--Nothing in this section shall have the effect of terminating or affecting the renewal of any validly issued right-of-way or the customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted by the Secretary on the date of enactment of this Act.

Ojito Wilderness Act - Designates the area in New Mexico known as the Ojito Wilderness as a component of the National Wilderness Preservation System. Places in trust for the benefit of the Pueblo of Zia Indian Reservation certain lands adjacent to the Ojito Wilderness.

A bill to designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Information Disclosure Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Thousands of computer systems, software, and semiconductors are not capable of recognizing certain dates in 1999 and after December 31, 1999, and will read dates in the year 2000 and thereafter as if they represent the year 1900 or thereafter. This could cripple systems that are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety systems in the United States and throughout the world. Reprogramming or replacing affected systems before this problem cripples essential systems is a matter of national and global interest. (2) The prompt and thorough disclosure and exchange of information related to Year 2000 readiness of entities, products, and services would greatly enhance the ability of public and private entities to improve their Year 2000 readiness and, thus, is a matter of national importance and a vital factor in minimizing disruption to the Nation's economic well-being. (3) Concern about the potential for legal liability associated with the disclosure and exchange of Year 2000 compliance information is impeding the disclosure and exchange of such information. (4) The capability to freely disseminate and exchange information relating to Year 2000 readiness with the public and with other companies without undue concern about litigation is critical to the ability of public and private entities to address Year 2000 needs in a timely manner. (5) The national interest will be served by uniform legal standards in connection with the disclosure and exchange of Year 2000 readiness information that will promote disclosures and exchanges of such information in a timely fashion. (b) Purposes.--Based upon the powers contained in Article I, Section 8, Clause 3 of the United States Constitution, the purposes of this Act are to promote the free disclosure and exchange of information related to Year 2000 readiness and to lessen burdens on interstate commerce by establishing certain uniform legal principles in connection with the disclosure and exchange of information related to Year 2000 readiness. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Year 2000 statement.--The term ``Year 2000 statement'' means any statement-- (A) concerning an assessment, projection, or estimate concerning Year 2000 processing capabilities of any entity or entities, product, or service, or a set of products or services; (B) concerning plans, objectives, or timetables for implementing or verifying the Year 2000 processing capabilities of an entity or entities, a product, or service, or a set of products or services; or (C) concerning test plans, test dates, test results, or operational problems or solutions related to Year 2000 processing by-- (i) products; or (ii) services that incorporate or utilize products. (2) Statement.--The term ``statement'' means a disclosure or other conveyance of information by 1 party to another or to the public, in any form or medium whatsoever, excluding, for the purposes of any actions brought under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators pursuant to section 12(i) of the Securities Exchange Act of 1934, or disclosures or writings made specifically in connection with the sale or offering of securities. (3) Year 2000 processing.--The term ``Year 2000 processing'' means the processing (including, without limitation, calculating, comparing, sequencing, displaying, or storing), transmitting, or receiving of date or date/time data from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations. (4) Year 2000 internet website.--The term ``Year 2000 Internet website'' means an Internet website or other similar electronically accessible service, designated on the website or service by the person creating or controlling the website or service as an area where Year 2000 statements and other information about the Year 2000 processing capabilities of an entity or entities, a product, service, or a set of products or services, are posted or otherwise made accessible to the general public. (5) Covered action.--The term ``covered action'' means a civil action arising under Federal or State, law except for any civil action arising under Federal or State law brought by a Federal, State, or other public entity, agency, or authority acting in a regulatory, supervisory, or enforcement capacity. (6) Republication.--The term ``republication'' means any repetition of a statement originally made by another. (7) Consumer.--The term ``consumer'' means an individual who buys a consumer product other than for purposes of resale. (8) Consumer product.--The term ``consumer product'' means any personal property or service which is normally used for personal, family, or household purposes. SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS. (a) In General.--Except as otherwise provided in subsection (c), in any covered action, to the extent such action is based on an allegedly false, inaccurate, or misleading Year 2000 statement, the maker of any such statement shall not be liable under Federal or State law with respect thereto unless the claimant establishes, in addition to all other requisite elements of the applicable action, that the statement was material, and-- (1) where the statement was not a republication, that the statement was-- (A) made with knowledge that the statement was false, inaccurate, or misleading; (B) made with an intent to mislead or deceive; or (C) made with a grossly negligent failure to determine or verify that the statement was accurate and not false or misleading; and (2) where the statement was a republication of a statement regarding a third party, that the republication was made-- (A) with knowledge that the statement was false, inaccurate, or misleading; or (B) without a disclosure by the maker that the republished or repeated statement is based on information supplied by another and that the maker has not verified the statement. (b) Year 2000 Internet Website.--In any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, the posting of a notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet website shall be presumed to be an adequate mechanism for providing such notice. Nothing in this subsection shall-- (1) alter or amend any Federal or State statute or regulation requiring that notice about Year 2000 processing be provided using a different mechanism; (2) create a duty to provide notice about Year 2000 processing; (3) preclude or suggest the use of any other medium for notice about Year 2000 processing or require the use of an Internet website; or (4) mandate the content or timing of any notices about Year 2000 processing. (c) Defamation or Similar Claims.--In any covered action arising under any Federal or State law of defamation, or any Federal or State law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, whether oral or published in any medium, the maker of any such Year 2000 statement shall not be liable with respect to such statement, unless the claimant establishes by clear and convincing evidence, in addition to all other requisite elements of the applicable action, that the statement was made with knowledge that the statement was false or with reckless disregard as to its truth or falsity. (d) Limitation on Effect of Year 2000 Statements.--In any covered action, no Year 2000 statement shall be interpreted or construed as an amendment to or alteration of a written contract or written warranty, whether entered into by a public or private party. This subsection shall not apply-- (1) to the extent the party whose statement is alleged to have amended or altered a contract or warranty has otherwise agreed in writing to so alter or amend the written contract or written warranty; (2) to Year 2000 statements made in conjunction with the formation of the written contract or written warranty; or (3) where the contract or warranty specifically provides for its amendment or alteration through the making of a Year 2000 statement. Existing law shall apply to determine what effect, if any, a Year 2000 statement within the scope of paragraph (1), (2), or (3) has on a written contract or written warranty. (e) Special Data Gathering.--A Federal entity, agency, or authority may expressly designate requests for the voluntary provision of information relating to Year 2000 processing (including without limitation, Year 2000 statements) as ``Special Year 2000 Data Gathering Requests'' made pursuant to this subsection. Information provided in response to such requests shall be prohibited from disclosure under the Freedom of Information Act (5 U.S.C. 552 et seq.), and may not be used by any Federal entity, agency, or authority, directly or indirectly, in any civil action arising under any Federal or State law: Provided, however, That nothing in this subsection shall preclude a Federal entity, agency, or authority from separately obtaining the information submitted in response to this subsection through the use of independent legal authorities and using such separately obtained information in any action. SEC. 5. EXCLUSIONS. (a) Consumer Information.--This Act does not cover statements made directly to a consumer in connection with the sale of a consumer product by the seller or manufacturer or provider of the consumer product. (b) Effect on Information Disclosure.--This Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, the authority of a Federal or State entity, agency, or authority to enforce a requirement to provide, disclose, or not to disclose, information under a Federal or State statute or regulation or to enforce such statute or regulation. (c) Contracts and Other Claims.--Except as may be otherwise provided in subsection 4(d), this Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, any right by written contract, whether entered into by a public or private party, under any Federal or State law, nor shall it preclude claims not based solely on Year 2000 statements. (d) Duty or Standard of Care.--This Act shall not be deemed to impose upon the maker or publisher of any Year 2000 statement any increased obligation, duty, or standard of care than is otherwise applicable under Federal or State law. Nor does this Act preclude any party from making or providing any additional disclaimer or like provisions in connection with any Year 2000 statement. (e) Trademarks.--This Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, any right in a trademark, trade name, or service mark, under any Federal or State law. (f) Injunctive Relief.--Nothing in this Act shall be deemed to preclude a claimant from seeking temporary or permanent injunctive relief with respect to a Year 2000 statement. SEC. 6. APPLICABILITY. This Act shall apply to any Year 2000 statement made on or after July 14, 1998, through July 14, 2001. This Act shall not affect or apply to any action pending on July 14, 1998.

Year 2000 Information Disclosure Act - Provides that, in any covered civil action based on an allegedly false, inaccurate, or misleading statement concerning Year 2000 computer compliance information (Y2K problem), the maker of such statement shall not be liable unless the claimant establishes that the statement: (1) was material; (2) where not a republication, was made with knowledge that it was false, inaccurate, or misleading, with an intent to mislead or deceive, or with a grossly negligent failure to determine or verify its accuracy; and (3) where it was a republication of a statement regarding a third party, was made with knowledge that it was false, inaccurate, or misleading and without disclosure that it was based on information supplied by another and that the maker has not verified the statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet website shall be presumed to be an adequate mechanism for providing such notice. Provides that, in any covered action arising under any Federal or State defamation law or law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, the maker shall not be liable unless the claimant establishes by clear and convincing evidence that the statement was made with knowledge that it was false or with reckless disregard of its truth. Prohibits in any covered action a Year 2000 statement from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party (with exceptions). Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests," thereby protecting information received from such requests from: (1) disclosure under the Freedom of Information Act; and (2) use by any Federal entity, agency, or authority in any civil action arising under any Federal or State law (with an exception). Provides exclusions from this Act. Makes this Act applicable to any Year 2000 statement made on or after July 14, 1998, through July 14, 2001.

Year 2000 Information Disclosure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``LGBT Elder Americans Act of 2017''. SEC. 2. DEFINITIONS. (a) In General.--Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended-- (1) in paragraph (24)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C)(ii), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) status as an LGBT individual.''; (2) by redesignating-- (A) paragraphs (36) through (54) as paragraphs (38) through (56), respectively; and (B) paragraphs (34) and (35) as paragraphs (35) and (36), respectively; (3) by inserting after paragraph (33) the following: ``(34) The term `LGBT', used with respect to an individual, means a lesbian, gay, bisexual, or transgender individual.''; and (4) by inserting after paragraph (36), as so redesignated, the following: ``(37) The term `minority', used with respect to an individual, includes a lesbian, gay, bisexual, or transgender individual.''. (b) Conforming Amendment.--Section 215(e)(1)(J) of the Older Americans Act of 1965 (42 U.S.C. 3020e-1(e)(1)(J)) is amended by striking ``minorities'' and inserting ``minority individuals''. SEC. 3. ADMINISTRATION ON AGING. (a) Establishment of Administration.--Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended-- (1) in subsection (d)(3)(J), by inserting before the semicolon the following: ``, including the effectiveness of such services in meeting the needs of LGBT older individuals''; and (2) by adding at the end the following: ``(g) The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for addressing issues affecting LGBT older individuals.''. (b) Functions of Assistant Secretary.--Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended-- (1) in subsection (a)-- (A) in paragraph (16)(A)(ii), by inserting ``, and separately specifying the number of such individuals who are LGBT individuals'' before the semicolon; (B) in paragraph (30), by striking ``; and'' and inserting a semicolon; (C) in paragraph (31), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(32) conduct studies and collect data to determine the services that are needed by LGBT older individuals.''; and (2) by adding at the end the following: ``(h)(1) The Assistant Secretary shall, directly or by grant or contract, establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging (in this subsection referred to as the `Center'). ``(2) To address the unique challenges faced by LGBT older individuals, the Center shall provide national, State, and local organizations, including those with a primary mission of serving LGBT individuals and those with a primary mission of serving older individuals, with the information and technical assistance the organizations need to effectively serve LGBT older individuals. ``(3) The Center shall have 3 primary objectives, consisting of-- ``(A) educating aging services organizations about the existence and special needs of LGBT older individuals; ``(B) sensitizing LGBT organizations about the existence and special needs of older individuals; and ``(C) providing educational resources to LGBT older individuals and their caregivers. ``(4)(A) To be eligible to receive funds under this subsection, an entity-- ``(i) shall have demonstrated expertise in working with organizations or individuals on issues affecting LGBT individuals; ``(ii) shall have documented experience in providing training and technical assistance on a national basis or a formal relationship with an organization that has that experience; and ``(iii) shall meet such other criteria as the Assistant Secretary shall issue. ``(B) To be eligible to receive funds under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require. ``(5) The Assistant Secretary shall make available to the Center on an annual basis such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act and not less than the amount of resources made available to the National Resource Center on LGBT Aging, existing on the day before the date of enactment of the LGBT Elder Americans Act of 2017, for fiscal year 2017. ``(6) The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center.''. (c) Reports.--Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended-- (1) in subsection (a)(3), by inserting ``LGBT individuals,'' after ``low-income individuals,''; (2) in subsection (c)-- (A) in paragraph (1), by inserting ``, and separately specify the number of such individuals who are LGBT individuals'' before the semicolon; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: ``(4) the effectiveness of such activities in assisting LGBT individuals;''; and (3) by adding at the end the following: ``(d) The Assistant Secretary shall ensure that-- ``(1) no individual will be required to provide information regarding the sexual orientation or gender identity of the individual as a condition of participating in activities or receiving services under this Act; and ``(2) no agency or other entity providing activities or services under this Act that receives, for the purposes of this Act, information regarding the sexual orientation or gender identity of an individual will disclose the information in any form that would permit such individual to be identified. ``(e) The Assistant Secretary shall develop appropriate protocols, demonstrations, tools, or guidance for use by State agencies and area agencies on aging, to ensure successful implementation of data collection requirements under section 201(d)(3)(J), paragraphs (16)(A)(ii) and (29) of section 202(a), subsections (a)(3), (c)(1), and (c)(4), and section 307(a)(6), relating to LGBT individuals. ``(f) The Assistant Secretary shall determine when the data collection requirements described in subsection (e) shall apply, taking into consideration the complexity and importance of each requirement, but each requirement shall apply not later than 1 year after the date of enactment of the LGBT Elder Americans Act of 2017.''. SEC. 4. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING. Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3021(a)(2)) is amended-- (1) in subparagraph (E), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) organizations that serve LGBT individuals; and''. SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY. Section 411(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)(11)) is amended to read as follows: ``(11) conducting activities of national significance to promote quality and continuous improvement in the support and services provided to individuals with greatest social need, through activities that include needs assessment, program development and evaluation, training, technical assistance, and research, concerning-- ``(A) addressing physical and mental health, disabilities, and health disparities; ``(B) providing long-term care, including in-home and community-based care; ``(C) providing informal care, and formal care in a facility setting; ``(D) providing access to culturally responsive health and human services; and ``(E) addressing other gaps in assistance and issues that the Assistant Secretary determines are of particular importance to older individuals with greatest social need.''. SEC. 6. DATA ON DISCRIMINATION. Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is amended-- (1) in subsection (a)(3)-- (A) by redesignating subparagraphs (F) through (J) as subparagraphs (G) through (K); and (B) by inserting after subparagraph (E) the following: ``(F) collect and analyze data, relating to discrimination against LGBT older individuals on the basis of actual or perceived sexual orientation or gender identity in the admission to, transfer or discharge from, or lack of adequate care provided in long-term care settings, and shall include the analyses in the reports described in subsection (h)(1);''; and (2) in subsection (h)(6), in the matter preceding subparagraph (A), by striking ``(A) through (G)'' and inserting ``(A) through (H)''.

LGBT Elder Americans Act of 2017 This bill amends the Older Americans Act of 1965 to include the specific needs of lesbian, gay, bisexual, and transgender (LGBT) individuals among the "greatest social needs" served under that Act. An LGBT individual shall be considered a "minority" for purposes of services provided under the Act. The bill authorizes the Administration of Aging to designate within it a person with responsibility for addressing issues affecting LGBT older individuals. In addition, the administration shall conduct studies and collect data to determine the services needed by LGBT older individuals.  The administration shall establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging to provide national, state, and local organizations with the information and technical assistance needed by those organizations to effectively serve LGBT older individuals. The Long-Term Care Ombudsman of each state shall, as a condition of receiving certain federal funding under the Act,  collect and analyze data related to discrimination against LGBT older individuals in long-term care settings.

LGBT Elder Americans Act of 2017

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Small Business Tax Fairness 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. EXPANSION OF EXPENSE TREATMENT FOR SMALL BUSINESSES. (a) In General.--Section 179(b)(1) 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 $100,000. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the dollar 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 2000' 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 $400,000.'' ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the dollar 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 2000' 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) Computer Software Eligible for Expensing.-- (1) In general.--The heading and first sentence of section 179(d)(1) are amended to read as follows: ``(1) Section 179 property.--For purposes of this section, the term `section 179 property' means property-- ``(A) which is-- ``(i) tangible property to which section 168 applies, or ``(ii) computer software (as defined in section 197(e)(3)(B)) to which section 167 applies, ``(B) which is section 1245 property (as defined in section 1245(a)(3)), and ``(C) which is acquired by purchase for use in the active conduct of a trade or business.''. (2) No computer software included as section 197 intangible.-- (A) In general.--Section 197(e)(3)(A) is amended to read as follows: ``(A) In general.--Any computer software.''. (B) Conforming amendment.--Section 167(f)(1)(B) is amended by striking ``; except that such term shall not include any such software which is an amortizable section 197 intangible''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. DEPRECIATION RECOVERY PERIOD FOR RESTAURANT BUILDINGS AND FRANCHISE OPERATIONS. (a) 15-Year Recovery Period.--Section 168(e)(3)(E) (relating to 15- 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 a comma, and by adding at the end the following new clauses: ``(iv) any section 1250 property which is a retail restaurant facility or an improvement thereto, and ``(v) any section 1250 property which is a franchise operation subject to section 1253.''. (b) Retail Restaurant Facility.--Section 168(e) (relating to classification of property) is amended by adding at the end the following new paragraph: ``(6) Retail restaurant facility.--The term `retail restaurant facility' means any building if-- ``(A) more than 50 percent of the building's square footage is devoted to preparation of, and seating for on-premises consumption of, prepared meals, and ``(B) the building is owned by-- ``(i) the person operating the meal preparation facility in such building, or ``(ii) a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the person described in clause (i).'' (c) Alternative System.--The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(iii) the following new items: ``(E)(iv)................................................... 15 ``(E)(v).................................................... 15''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act and to all improvements made after the date of enactment.

Small Business Tax Fairness Act of 2001 - Amends the Internal Revenue Code to: (1) increase the amount of section 179 property which may be expensed and permit the expensing of computer software; and (2) classify restaurants and franchise operations as 15-year property.

A bill to amend the Internal Revenue Code of 1986 to expand the expense treatment for small businesses and to reduce the depreciation recovery period for restaurant buildings and franchise operations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Hospitals Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Health care costs in the United States are rising. From 2004 through 2005, the medical costs for a four-person household increased by 9.1 percent to $12,214. A significant portion of these increased costs are attributable to health care-associated infections. When a patient contracts such an infection, that cost is passed on to the insurance companies, State and Federal governments, or individuals. (2) Health care-associated infections contribute to over $50,000,000,000 in annual medical costs. An acquired infection adds $150,000 to a medical bill per patient. (3) The Centers for Disease Control and Prevention reports that there are an estimated 2,000,000 cases of health care- associated infections and an estimated 90,000 deaths related to such infections annually. (4) Only six States require hospitals to report their health care-associated infection rates. Only one State makes that information available to the public for each hospital. (5) Health care-associated infections include surgical site infections, ventilator associated pneumonia, central line related (IV) blood infections, urinary tract infections, methicillin-resistant Staphylococcus aureus (MRSA) infections, and other types of infections. These infections are transmitted to patients when there is inadequate adherence to clean sanitation and patient safety procedures that would otherwise prevent infectious disease. A study in the American Journal of Medical Quality of almost 12,000 hospitalizations reports that hospital procedures, not the sickness of the patient at the time of admission, tended to be the primary cause of these infections. (6) Hospitals and other health care providers have been able to drastically reduce infection rates by strict adherence to clean sanitation techniques, including: (A) Handwashing before and after contact with any patient. (B) Sterilizing all equipment used with patients. (C) Clean up before and after patient procedures. (D) Proper use of antibiotics before and after surgery. (E) Pre-testing patients on admission to evaluate the presence of an infection (such as MRSA). (F) Use of infection control boards at hospitals to monitor and manage procedures. (7) The National Surgical Infection Prevention Project found in a study of over 34,000 patients treated nationwide that more than 44 percent of patients did not receive antibiotic doses within the recommended time frame. In addition, the American Journal of Infection Control reports that 70 percent of health care workers do not adhere to handwashing and sterilization procedures. (8) Hospitals have successfully reduced infections by improving patient safety. For example, Allegheny General Hospital in Pennsylvania reduced the rate of central line- acquired infections to almost zero within 90 days by educating and training health care staff on infection control resulting in savings in three years of over $2,000,000. A major teaching hospital in St. Louis reported a reduction in central line acquired infection rates through introduction of an educational program for all staff resulting in cost savings of over $1,500,000. Mercy Health Center in Oklahoma has performed 400 surgeries without any infections by utilizing antibiotics and clean procedures. (9) Uniform and accurate public reporting of health care- associated infections by hospitals and ambulatory surgical centers will allow health care providers to target their efforts to reduce the occurrence of health care-associated infections, enhance consumer choice of health care providers, reduce health care costs, and save lives. SEC. 3. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL CENTERS. (a) Required Reporting.-- (1) Hospitals.--Subsection (a)(1) of section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (A) in subparagraph (U), by striking ``and'' at the end; (B) in subparagraph (V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (V) the following new subparagraph: ``(W) in the case of a hospital or critical access hospital, to report to the Secretary data in accordance with subsection (k)(1).''. (2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by inserting after ``other standards'' the following: ``, including the reporting to the Secretary of data in accordance with section 1866(k)(1),''. (b) Data Reporting and Public Posting of Health Care-Associated Infections by Hospitals and Ambulatory Surgical Centers.--Section 1866 of such Act (42 U.S.C. 1395cc) is further amended by adding at the end the following new subsection: ``(k) Data Reporting and Public Availability of Health Care- Associated Infections by Hospitals and Ambulatory Surgical Centers.-- ``(1) Quarterly reporting requirement.--Not later than 45 days after the end of a calendar quarter (beginning more than one year after the date of the enactment of this subsection), a hospital or ambulatory surgical center shall report to the Secretary the rate of each health care-associated infection selected under paragraph (2) occurring in the hospital or center, respectively, during the calendar quarter and information on relevant risk factors (relating to susceptibility of patients to each such infection) that may affect such rate. ``(2) Selection of health care-associated infections.--For purposes of this subsection, the Secretary shall select one or more health care-associated infections. ``(3) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under paragraph (1). Such data shall be set forth in a manner that promotes the comparison of the relative rate of occurrence of each health care-associated infection selected under paragraph (2), taking into account the relevant risk factors reported under such paragraph, among hospitals and ambulatory surgical centers. ``(4) Annual report to congress.--For each year for which data is reported under paragraph (1) for any calendar quarter in the year, the Secretary shall submit to Congress a report that summarizes each of the following: ``(A) The rates of occurrence of each health care- associated infection selected under paragraph (2) in hospitals and ambulatory surgical centers during such year. ``(B) Factors that contribute to the occurrence of each such infection. ``(C) The measures applied by hospitals and ambulatory surgical centers to reduce each such infection and the effect of such measures during such year. ``(D) The total increases or decreases in health care costs that resulted from increases or decreases in the rates of occurrence of each such infection during such year. ``(E) Recommendations for best practices to eliminate the rates of occurrence of each such infection in hospitals and ambulatory surgical centers. ``(5) Civil money penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of paragraph (1) by a hospital or ambulatory surgical center. A civil money penalty under this paragraph shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A is imposed and collected under that section, except that, notwithstanding subsection (f) of such section, if the Secretary designs and implements a pilot program under section 4(a) of the Healthy Hospitals Act of 2007 (relating to the health care-associated infections pilot program), amounts recovered under this paragraph shall be paid to the Secretary and shall be available to carry out such pilot program. ``(6) Non-preemption of state laws.--Nothing in this subsection shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of additional information on health care-associated infections or patient safety procedures for a hospital or ambulatory surgical center. ``(7) Health care-associated infection defined.--For purposes of this subsection, the term `health care-associated infection'-- ``(A) means, as defined by the Centers for Disease Control and Prevention, an infection caused from bacteria or a virus that-- ``(i) is a localized or systemic condition that results from an adverse reaction to the presence of an infectious agent or its toxin and that was not present or incubating at the time of admission of a patient to the hospital involved; ``(ii) is present at any time after admission and before discharge of such patient; and ``(iii) could reasonably have been prevented had patient safety measures, plans, and guidelines been adopted and followed; and ``(B) includes surgical site infections, ventilator associated pneumonia, central line related (IV) blood infections, urinary tract infections, methicillin- resistant Staphylococcus aureus (MRSA) infections, clostridium difficile infections, and any additional infections specified by the Secretary. ``(8) Application to critical access hospitals.--For purposes of this subsection, the term `hospital' shall include a critical access hospital.''. (c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2010. SEC. 4. MEDICARE PILOT PROGRAM TO REDUCE HEALTH CARE-ASSOCIATED INFECTION RATES. (a) In General.--The Secretary of Health and Human Services is authorized to design and implement a pilot program under title XVIII of the Social Security Act to provide financial incentives or grants to hospitals and ambulatory surgical centers, as selected by the Secretary in accordance with subsection (b), that demonstrate to the satisfaction of the Secretary a reduction in the rate of occurrence (or elimination) of health care-associated infections in the applicable hospital or ambulatory surgical center. (b) Selection of Hospitals and Ambulatory Surgical Centers.--In carrying out subsection (a), the Secretary of Health and Human Services shall select hospitals and ambulatory surgical centers-- (1) that are capable of accurately monitoring and reporting the rate of occurrence of health care-associated infections; and (2) the participation of which in such program will likely result in the greatest scientific and health benefit for purposes of reducing the rate of occurrence of such infections. (c) Limitation.--Under the pilot program under this section the aggregate financial incentives provided under the program for reduction in infections in a period shall not exceed 10 percent of the amount (estimated by the Secretary) by which Federal expenditures under title XVIII of the Social Security Act are reduced in such period as a result of such reduction in infections. (d) Health Care-Associated Infection Defined.--For purposes of this section, the term ``health care-associated infection'' has the meaning given such term under section 1866(k)(6) of the Social Security Act, as added by section 3(b). (e) Application to Critical Access Hospitals.--For purposes of this section, the term ``hospital'' shall include a critical access hospital. (f) Authorization of Appropriations.--To carry out this section there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2010. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero, with respect to patients to whom such providers and facilities furnish services.

Healthy Hospitals Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers. Authorizes the Secretary of Health and Human Services to establish a pilot program under Medicare to provide financial incentives or grants to hospitals and ambulatory surgical centers that demonstrate a satisfactory reduction in the rate of occurrence (or elimination) of health care-associated infections in the applicable hospital or ambulatory surgical center. Expresses the sense of Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero, with respect to patients to whom such providers and facilities furnish services.

To amend title XVIII of the Social Security Act to require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers and to permit the Secretary of Health and Human Services to establish a pilot program to provide incentives to hospitals and ambulatory surgical centers to eliminate the rate of occurrence of such infections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture Improvement Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Capture and long-term storage of carbon dioxide from coal, natural gas, and biomass-fired power plants, as well as from industrial sectors such as oil refining and production of fertilizer, cement, and ethanol, can help protect the environment while improving the economy and national security of the United States. (2) The United States is a world leader in the field of carbon dioxide capture and long-term storage, as well as the beneficial use of carbon dioxide in enhanced oil recovery operations, with many manufacturers and licensors of carbon dioxide capture technology based in the United States. (3) While the prospects for large-scale carbon capture in the United States are promising, costs remain relatively high. Lowering the financing costs for carbon dioxide capture projects would accelerate the deployment of this technology, and if the captured carbon dioxide is subsequently sold for industrial use, such as for use in enhanced oil recovery operations, the economic prospects are further improved. (4) Since 1968, tax-exempt private activity bonds have been used to provide access to lower-cost financing for private businesses that are purchasing new capital equipment for certain specified environmental facilities, including facilities that reduce, recycle, or dispose of waste, pollutants, and hazardous substances. (5) Allowing tax-exempt financing for the purchase of capital equipment that is used to capture carbon dioxide will reduce the costs of developing carbon dioxide capture projects, accelerate their deployment, and, in conjunction with carbon dioxide utilization and long-term storage, help the United States meet critical environmental, economic, and national security goals. SEC. 3. CARBON DIOXIDE CAPTURE FACILITIES. (a) In General.--Section 142 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) in paragraph (14), by striking ``or'' at the end, (B) in paragraph (15), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new paragraph: ``(16) qualified carbon dioxide capture facilities.'', and (2) by adding at the end the following new subsection: ``(n) Qualified Carbon Dioxide Capture Facility.-- ``(1) In general.--For purposes of subsection (a)(16), the term `qualified carbon dioxide capture facility' means the eligible components of an industrial carbon dioxide facility. ``(2) Definitions.--In this subsection: ``(A) Eligible component.-- ``(i) In general.--The term `eligible component' means any equipment installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and is-- ``(I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or ``(II) integral or functionally related and subordinate to a process described in section 48B(c)(2), determined by substituting `carbon dioxide' for `carbon monoxide' in such section. ``(B) Industrial carbon dioxide facility.-- ``(i) In general.--Except as provided in clause (ii), the term `industrial carbon dioxide facility' means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: ``(I) Fuel combustion. ``(II) Gasification. ``(III) Bioindustrial. ``(IV) Fermentation. ``(V) Any manufacturing industry described in section 48B(c)(7). ``(ii) Exceptions.--For purposes of clause (i), an industrial carbon dioxide facility shall not include-- ``(I) any geological gas facility (as defined in clause (iii)), or ``(II) any air separation unit that-- ``(aa) does not qualify as gasification equipment, or ``(bb) is not a necessary component of an oxy-fuel combustion process. ``(iii) Geological gas facility.--The term `geological gas facility' means a facility that-- ``(I) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, ``(II) transports or removes impurities from such product, or ``(III) separates such product into its constituent parts. ``(3) Capture and storage requirement.-- ``(A) In general.--Subject to subparagraph (B), the eligible components of an industrial carbon dioxide facility shall have a capture and storage percentage (as determined under subparagraph (C)) that is equal to or greater than 65 percent. ``(B) Exception.--In the case of an industrial carbon dioxide facility with a capture and storage percentage that is less than 65 percent, the percentage of the cost of the eligible components installed in such facility that may be financed with tax-exempt bonds may not be greater than the capture and storage percentage. ``(C) Capture and storage percentage.-- ``(i) In general.--Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of-- ``(I) the total metric tons of carbon dioxide annually captured, transported, and injected into-- ``(aa) a facility for geologic storage, or ``(bb) an enhanced oil or gas recovery well followed by geologic storage, divided by ``(II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility. ``(ii) Limited application of eligible components.--In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof.''. (b) Volume Cap.--Section 146(g)(4) of such Code is amended by striking ``paragraph (11) of section 142(a) (relating to high-speed intercity rail facilities)'' and inserting ``paragraph (11) or (16) of section 142(a)''. (c) Clarification of Private Business Use.--Section 141(b)(6) of such Code is amended by adding at the end the following new subparagraph: ``(C) Clarification relating to qualified carbon dioxide capture facilities.--For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(n)) which is owned by a governmental unit shall not constitute private business use.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2017.

Carbon Capture Improvement Act of 2017 This bill amends the Internal Revenue Code to authorize the issuance of tax-exempt facility bonds for the financing of qualified carbon dioxide capture facilities. A "qualified carbon dioxide capture facility" is any equipment installed in an industrial carbon dioxide facility that satisfies specified capture and storage requirements and: (1) is used for the capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility; or (2) is integral or functionally related and subordinate to a gasification process that converts a product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon dioxide and hydrogen for direct use or subsequent chemical or physical conversion.

Carbon Capture Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Economic Equity Act of 1993''. SEC. 2. CAUSE OF ACTION; FEDERAL JURISDICTION. (a) In General.--Any person suffering bodily injury or death as a result of the discharge of a handgun or an assault weapon may bring an action in any United States district court against any permissible defendant for damages and such other relief as the court deems appropriate. (b) Permissible Defendants.--The following persons are permissible defendants in an action brought under subsection (a) with respect to a handgun or an assault weapon: (1) Any manufacturer of the handgun or assault weapon. (2) Any importer of the handgun or assault weapon. (3) Any dealer who transferred the handgun or assault weapon. SEC. 3. STRICT LIABILITY. (a) In General.--Each defendant in an action brought under section 2(a) shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death proximately resulting from the discharge of the handgun or assault weapon with respect to which the defendant is a permissible defendant, except as provided in subsection (b) of this section. (b) Defenses.-- (1) Injury while committing a felony.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the plaintiff suffered the injury while committing a crime punishable by imprisonment for a term exceeding 1 year. (2) Self-inflicted injury.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the plaintiff's injury was self-inflicted. (3) Injury by law enforcement officer.--There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the injury was suffered as a result of the discharge, by a law enforcement officer in the performance of official duties, of a handgun or assault weapon issued by the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. (4) Injury by member of the united states armed forces.-- There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the injury was suffered as a result of the discharge, by a member of the Armed Forces of the United States in the performance of military duties, of a handgun or assault weapon issued by the United States or any department or agency thereof. (c) Authority To Award a Reasonable Attorney's Fee.--In an action brought under section 2(a), the court may, in its discretion, allow the prevailing party a reasonable attorney's fee as part of the costs. SEC. 4. STATUTE OF LIMITATIONS. An action may not be brought under section 2(a) after the 2-year period that begins with the date the injury described therein is discovered. SEC. 5. APPLICABILITY. This Act shall apply only to handguns and assault weapons manufactured in, imported into, or transferred in the United States, after the effective date of this Act. SEC. 6. NO EFFECT ON OTHER CAUSES OF ACTION. This Act shall not be construed to limit the scope of any other cause of action available to a person injured as a result of the discharge of a handgun or an assault weapon. SEC. 7. DEFINITIONS. As used in this Act: (1) Handgun.--The term ``handgun'' means a firearm which, at the time of manufacture, had a barrel of less than 12 inches in length. (2) Assault weapon.--The term ``assault weapon'' means-- (A) a firearm-- (i) which-- (I) has a barrel of 12 or more inches in length; and (II) is capable of receiving ammunition directly from a large capacity ammunition magazine; or (ii) which is-- (I) a semiautomatic firearm; and (II) not generally recognized as particularly suitable for, or readily adaptable to, sporting purposes; or (B) a firearm which is substantially functionally equivalent to a firearm described by clause (i) or (ii) of subparagraph (A). (3) Large capacity ammunition magazine.--The term ``large capacity ammunition magazine'' means a detachable magazine, belt, drum, feed strip, or similar device which has, or which can be readily restored or converted to have, a capacity of 15 or more rounds of ammunition. (4) Semiautomatic firearm.--The term ``semiautomatic firearm'' means any repeating firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. (5) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of the United States, or of a State or political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law. (6) Other terms.--The terms ``firearm'', ``importer'', ``manufacturer'', and ``dealer'' shall have the meanings given such terms, respectively, in paragraphs (3), (9), (10), and (11) of section 921(a) of title 18, United States Code. SEC. 8. EFFECTIVE DATE. This Act shall apply to conduct occurring after the end of the 20- day period that begins with the date of the enactment of this Act.

Gun Violence Economic Equity Act of 1993 - Provides that any person suffering bodily injury or death as a result of the discharge of a handgun or an assault weapon may bring an action in U.S. district court against any manufacturer, importer, or dealer of a handgun or assault weapon. Makes such defendants strictly liable for all direct and consequential damages that arise from such bodily injury or death, except when the injury: (1) is suffered while committing a felony; (2) is self-inflicted; or (3) is a result of a discharge by a law enforcement officer or a member of the armed forces in the line of duty.

Gun Violence Economic Equity Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian River Land Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Certain lands adjacent to the Russian River in the area of its confluence with the Kenai River contain abundant archaeological resources of significance to the Native people of the Cook Inlet Region, the Kenaitze Indian Tribe, and the citizens of the United States. (2) Those lands at the confluence of the Russian River and Kenai River contain abundant fisheries resources of great significance to the citizens of Alaska. (3) Cook Inlet Region, Inc., an Alaska Native Regional Corporation formed under the provisions of the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in this Act referred to as ``ANCSA''), has selected lands in the area pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)), for their values as historic and cemetery sites. (4) The United States Bureau of Land Management, the Federal agency responsible for the adjudication of ANCSA selection, has not finished adjudicating Cook Inlet Region, Inc.'s selections under section 14(h)(1) of that Act as of the date of the enactment of this Act. (5) The Bureau of Indian Affairs has certified a portion of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA as containing prehistoric and historic cultural artifacts, and meeting the requirements of section 14(h)(1) of that Act. (6) A portion of the selections under section 14(h)(1) of ANCSA made by Cook Inlet Region, Inc., and certified by the Bureau of Indian Affairs lies within the Chugach National Forest over which the United States Forest Service is the agency currently responsible for the administration of public activities, archaeological features, and natural resources. (7) A portion of the selections under section 14(h)(1) of ANCSA and the lands certified by the Bureau of Indian Affairs lies within the Kenai National Wildlife Refuge over which the United States Fish and Wildlife Service is the land managing agency currently responsible for the administration of public activities, archaeological features, and natural resources. (8) The area addressed by this Act lies within the Sqilantnu Archaeological District which was determined eligible for the National Register of Historic Places on December 31, 1981. (9) Both the Forest Service and the Fish and Wildlife Service dispute the validity and timeliness of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA. (10) The Forest Service, Fish and Wildlife Service, and Cook Inlet Region, Inc., determined that it was in the interest of the United States and Cook Inlet Region, Inc., to-- (A) protect and preserve the outstanding historic, cultural, and natural resources of the area; (B) resolve their disputes concerning the validity of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA without litigation; and (C) provide for the management of public use of the area and protection of the cultural resources within the Sqilantnu Archaeological District, particularly the management of the area at the confluence of the Russian and Kenai Rivers. (11) Legislation is required to enact the resolution reached by the Forest Service, the Fish and Wildlife Service, and Cook Inlet Region, Inc. (b) Purpose.--It is the purpose of this Act to ratify an agreement between the Department of Agriculture, the Department of the Interior, and Cook Inlet Region, Inc. SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND COOK INLET REGION, INC. (a) Ratification of Agreement.--The terms, conditions, covenants, and procedures set forth in the document entitled ``Russian River Section 14(h)(1) Selection Agreement'', which was executed by Cook Inlet Region, Inc., the United States Department of Agriculture, and the United States Department of the Interior on July 26, 2001 (hereinafter in this Act referred to as the ``Agreement''), are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Cook Inlet Region, Inc., as a matter of Federal law. In the event any of the terms of the Agreement conflict with any other provision of law, the terms of the Agreement shall be controlling. (b) Authorization of Actions.--Notwithstanding any other provision of law, the Secretaries of Agriculture and the Interior are authorized to take all actions required under the terms of the Agreement. SEC. 4. AUTHORIZATION OF APPROPRIATION. There is authorized to be appropriated to the Department of Agriculture, Office of State and Private Forestry, $13,800,000, to remain available until expended, for Cook Inlet Region, Inc., for the following: (1) Costs for the planning and design of the Joint Visitor's Interpretive Center. (2) Planning and design of the Sqilantnu Archaeological Research Center. (3) Construction of these facilities to be established in accordance with and for the purposes set forth in the Agreement.

Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of such Agreement.Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.

A bill to resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Go to High School, Go to College Act''. SEC. 2. EARLY COLLEGE FEDERAL PELL GRANT. Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by adding at the end the following: ``(k) Early College Federal Pell Grants.-- ``(1) In general.--Notwithstanding the requirement under section 484(a)(1) that a student not been enrolled in an elementary or secondary school to be eligible to receive a Federal Pell Grant under this section, for the award years beginning on July 1, 2014, and ending on June 30, 2020, the Secretary shall carry out a program to award Early College Federal Pell Grants to eligible students to support enrollment in, and completion of, postsecondary courses offered through an early college high school. ``(2) Maximum period for early college federal pell grants.--An eligible student may receive an Early College Federal Pell Grant under this subsection in an amount equal to the cost of not more than 4 full-time postsecondary semesters, or the equivalent of 4 full-time postsecondary semesters, as determined by the Secretary by regulation, while enrolled in postsecondary courses offered by an early college high school. ``(3) Counting of awards for purposes of federal pell grants.-- ``(A) In general.--An Early College Federal Pell Grant received under this subsection shall be counted toward the maximum period for which a student may receive Federal Pell Grants under this section, as provided under subsection (c)(5). ``(B) Waiver.--The Secretary may waive the requirement under subparagraph (A) on a case-by-case basis for any student demonstrating evidence of a credible disruption or redirection in course of study necessitating additional time to complete a postsecondary degree or credential. ``(4) Terms and conditions.-- ``(A) In general.--Except as provided in this subsection, an Early College Federal Pell Grant received under this subsection shall have the same terms and conditions, and be awarded in the same manner, as Federal Pell Grants awarded under this section. ``(B) Minimum completion.--An eligible student may only receive an Early College Federal Pell Grant under this subsection upon completion of a full-time postsecondary semester, or the equivalent of a full- time postsecondary semester, as determined by the Secretary by regulation. ``(C) Amount.--The Secretary shall pay an eligible institution that is engaged in a partnership as part of an early college high school an amount equal to the cost of tuition, fees, and books for each postsecondary course (including with respect to the postsecondary courses completed to satisfy the requirement under subparagraph (B)) an eligible student completes through such early college high school, provided such eligible student satisfies the requirement under subparagraph (B). ``(5) Reporting.--Each early college high school shall annually submit to the Secretary a report on the program of postsecondary courses provided to eligible students that includes the following information: ``(A) Total number and percentage of eligible students who enroll in and subsequently complete the program at the early college high school. ``(B) The number of postsecondary credits earned by eligible students while enrolled in the early college high school that may be applied toward a postsecondary degree or credential program. ``(C) The percentage of eligible students enrolled in the early college high school who concurrently earn a secondary school diploma and an associate degree or equivalent. ``(D) The percentage of early college high school graduates completing the program who enroll in a postsecondary institution. ``(E) The total amount of Early College Federal Pell Grants awarded to eligible students served by the early college high school. ``(6) Definitions.--In this subsection: ``(A) Early college high school.--The term `early college high school' means a partnership between a public secondary school and at least one eligible institution-- ``(i) that enables a student enrolled at such secondary school to simultaneously earn a secondary school diploma and postsecondary credits that are transferable to such eligible institution as part of an organized course of study toward a postsecondary degree or credential at no cost to the student or the family of the student; ``(ii) that offers students enrolled at such secondary school postsecondary courses provided by an eligible institution as part of a State-approved program of study that leads to a postsecondary degree, certificate, or general education core that is transferable to such eligible institution; ``(iii) that provides such students the opportunity to earn not less than 12 credit hours in such postsecondary courses; and ``(iv) that provides support, placement test prep strategies, tutoring, or comparable strategies to ensure student preparation for and success in college courses. ``(B) Eligible student.--The term `eligible student' means a student enrolled at an early college high school who, if such student met the requirements of section 484 for eligibility for a Federal Pell Grant, would be awarded a Federal Pell Grant after the determination of the expected family contribution for such student.''.

Go to High School, Go to College Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to carry out (from July 1, 2014, through June 30, 2020) a program awarding Early College Federal Pell Grants to students to support their enrollment in, and completion of, postsecondary courses offered through early college high schools. Deems students who would be eligible for a Federal Pell Grant if not for their enrollment in secondary school to be eligible for an Early College Federal Pell Grant upon their completion of a full-time postsecondary semester or its equivalent. Allows students to receive Early College Federal Pell Grants in an amount equal to the cost of not more than four full-time postsecondary semesters or the equivalent while enrolled in postsecondary courses offered by an early college high school. Counts Early College Federal Pell Grants toward the twelve semester, or equivalent, limit on a student's receipt of Federal Pell Grants.

Go to High School, Go to College Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Military Reserve Families Act of 2004''. SEC. 2. LOAN PROGRAM FOR MEMBERS OF THE SELECTED RESERVE. (a) In General.--Part II of subtitle E of title 10, United States Code, is amended by inserting after chapter 1215 the following new chapter: ``CHAPTER 1216--READY RESERVE MOBILIZATION LOAN PROGRAM ``12591. Definitions. ``12592. Establishment of loan program. ``12593. Members eligible for loans. ``12594. Loan amounts. ``12595. Interest. ``12596. Payment. ``Sec. 12591. Definitions ``In this chapter: ``(1) The term `eligible member' means a member of the Ready Reserve who has one or more dependents enrolled in the Department of Defense program Defense Enrollment Eligibility Reporting System (DEERS). ``(2) The term `covered service' means active duty performed by a member of a reserve component under an involuntary call or order to active duty in support of a contingency operation. ``Sec. 12592. Establishment of loan program ``(a) Establishment.--The Secretary of Defense shall establish for members of the Ready Reserve (including the Coast Guard Reserve) a loan program to be known as the `Ready Reserve Mobilization Loan Program'. ``(b) Administration.--The loan program shall be administered by the Secretary under such regulations as the Secretary considers appropriate for carrying out the program. ``(c) Agreement With Secretary of Homeland Security.--The Secretary and the Secretary of Homeland Security shall enter into an agreement with respect to the administration of the program for the Coast Guard Reserve. ``Sec. 12593. Members eligible for loans ``(a) In General.--The Secretary of Defense shall make a loan under the program under this chapter to an eligible member, upon receipt of an application for such loan from such member, for any period during which the member performs covered service if, as determined by the Secretary-- ``(1) the income of the member during such service is less than the member's income before being called or ordered to such service; and ``(2) the member incurs a financial hardship by reason of such service. ``(b) Determination of Income.--The Secretary shall make a determination under paragraph (1) of subsection (a) by comparing-- ``(1) the member's regular military compensation (as defined in section 101 of title 37), stated as an annualized amount; with ``(2) the amount of income of the member over the 52 weeks preceding the beginning of such service derived from sources that will not be available to the member while performing such service. ``(c) Use of Loan Amounts.--The Secretary shall take such steps as the Secretary considers necessary to ensure that a loan under the program is not used for investment purposes (other than deposit in a demand account). ``Sec. 12594. Loan amounts ``(a) Amount of Loan.--The amount of a loan to an eligible member under this chapter may be in any amount specified by the eligible member up to $500 for each full month of covered service performed by the member. ``(b) Disbursement of Loan Amount.--The Secretary of Defense shall disburse a loan under the program under this chapter in such manner as may be directed by the member taking out the loan. The Secretary shall provide means to assist the member in facilitating the making of the amount of such loan available for the use or benefit of dependents of the member. A member may designate in writing another person to receive the amount of a loan under the program, and the member may direct that such an amount for a person so designated be deposited with a bank or other financial institution to the credit of the designated person. ``Sec. 12595. Interest ``(a) Interest Free Period.--Except as provided in subsection (b)(2), a loan under this chapter for any month of covered service shall bear no interest for the period beginning on the date of the loan and ending at the end of-- ``(1) five years from the end of the period of covered service including that month, if that period of covered service is a period of less than 12 consecutive months; and ``(2) ten years from the end of the period of covered service including that month, if that period of covered service is a period of 12 consecutive months or more. ``(b) 5 Percent Interest.--A loan under this chapter shall bear interest at the rate of 5 percent per year commencing to accrue-- ``(1) as of the date that is the end of the interest-free period specified in subsection (a); or ``(2) if the service of the member in the Selected Reserve ends before the date referred to in paragraph (1), as of the date such service in the Selected Reserve ends. ``Sec. 12596. Payment ``(a) Period of Payment.--(1) Repayment of a loan under this chapter shall commence when the member to whom the loan is made is released from the period of active duty that includes the covered service for which the loan is made. Unless the member enters into an alternative repayment agreement with the Secretary, the loan shall be repaid over the period beginning on the date of the loan and ending at the end of-- ``(1) five years, if the period of covered service is a period of less than 12 consecutive months; and ``(2) ten years, if that period of covered service is a period of 12 consecutive months or more. ``(b) Method of Payment.--Unless the member enters into an alternative repayment agreement with the Secretary, payment on a loan under this chapter shall be by deduction from the amount of basic pay or inactive-duty pay earned by the member while in an active status but not on active duty (other than for training).''. (b) Clerical Amendment.--The tables of chapters at the beginning of subtitle E, and at the beginning of part II of subtitle E, of title 10, United States Code, are amended by inserting after the item relating to chapter 1215 the following new item: ``1216. Ready Reserve Mobilization Loan Program............. 12591''.

Support for Military Reserve Families Act of 2004 - Directs the Secretary of Defense to establish, for members of the Ready Reserve (including the Coast Guard Reserve), a loan program to be known as the Ready Reserve Mobilization Loan Program. Directs the Secretary, upon application, to make a Program loan to a Ready Reserve member who has one or more dependents enrolled in the Department of Defense Enrollment Eligibility Reporting System for any period during which the member performs active duty under an involuntary call or order to active duty in support of a contingency operation if: (1) the income of the member during such service is less than the member's income before being called or ordered to such service; and (2) the member incurs a financial hardship by reason of such service. Prohibits such loans from being used for investment purposes. Allows loan amounts of up to $500 for each full month of covered service. Makes such loans interest-free for: (1) five years after the end of such service, if the service is for less than 12 consecutive months; or (2) ten years after the end of such service, if the service is for 12 consecutive months or more. Mandates a five percent interest rate thereafter. Requires such loans to be repaid within the same period as the interest-free period, above.

To amend title 10, United States Code, to establish a program of interest-free loans to members of the Selected Reserve who experience financial hardship due to service on active duty in the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Franchise Education for Veterans Act''. SEC. 2. USE OF EDUCATIONAL ASSISTANCE FOR FRANCHISE TRAINING. (a) GI Bill.-- (1) Program of education.--Subparagraph (C) of section 3002(3) of title 38, United States Code, is amended to read as follows: ``(C) in the case of an individual who is not serving on active duty, includes-- ``(i) a full-time program of apprenticeship or of other on-job training approved as provided in paragraph (1) or (2), as appropriate, of section 3687(a) of this title; ``(ii) a cooperative program (as defined in section 3482(a)(2) of this title); and ``(iii) a training program at a training establishment described in section 3452(e)(2) of this title that-- ``(I) is approved for purposes of chapter 32 or 34 of this title; and ``(II) is for a franchise (as defined in section 436.1 of title 16, Code of Federal Regulations).''. (2) Limitations.--Section 3032 of such title is amended by adding at the end the following: ``(h)(1) Subject to paragraphs (3) and (4), the amount of educational assistance payable under this chapter for a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be, with respect to any 12-month period in which such training is pursued, the lesser of the following: ``(A) The sum of-- ``(i) the fees assessed by the training establishment concerned for the training; ``(ii) a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and ``(iii) a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs. ``(B) $15,000. ``(2) The number of months of entitlement charged in the case of any individual for a training program described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such program by the full-time monthly institutional rate of educational assistance such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. ``(3)(A) In no event shall payment of educational assistance under this subsection for training described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter. ``(B) With respect to an individual entitled to educational assistance under this subsection who is not described in subsection (a)(1) or (c)(1) of section 3015 of this title, the Secretary shall adjust the amount payable under paragraph (1) by an amount determined by the Secretary to reflect the difference in the rate of educational assistance such individual would be paid under such section as compared to the rate an individual described in subsection (a)(1) or (c)(1) of such section would be paid under such section. ``(4) A veteran may not receive-- ``(A) more than 12 months of educational assistance under this subsection; and ``(B) a total amount of educational assistance under this subsection that is more than $15,000.''. (b) Post-9/11 GI Bill.-- (1) Approved programs.--Section 3313(b) of such title is amended by striking the period at the end and inserting ``, including a training program described in section 3002(3)(C)(iii) of this title.''. (2) Franchise training.--Section 3313(g)(3) of such title is amended by adding at the end the following new subparagraph: ``(E) Subject to clauses (ii) and (iii), in the case of an individual pursuing a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title, amounts, with respect to any 12-month period in which such training is pursued, as follows: ``(i) An amount equal to the lesser of-- ``(I) the sum of-- ``(aa) the fees assessed by the training establishment concerned for the training; ``(bb) a monthly housing stipend for each month (or pro rata amount for each partial month) of training pursued equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the training establishment; and ``(cc) a monthly stipend in an amount equal to $83 for each month (or pro rata amount for each partial month) of training pursued for books supplies, equipment, and other educational costs; or ``(II) $15,000. ``(ii) In the case of an individual entitled to educational assistance by reason of paragraphs (3) through (8) of sections 3311(b), the amounts payable pursuant to clause (i) shall be the amounts otherwise determined pursuant to such clause multiplied by the same percentage applicable to the monthly amounts payable to the individual under paragraphs (2) through (7) of subsection (c). ``(iii) A veteran may not receive-- ``(I) more than 12 months of educational assistance under this subsection; and ``(II) a total amount of educational assistance under this subsection that is more than $15,000.''. (3) Payments.--Section 3313(g)(4)(C) of such title is amended by adding at the end the following: ``(iii) Payment for the amount payable under paragraph (3)(E) for pursuit of a program of education consisting of a training program at a training establishment described in section 3452(e)(2) of this title shall be paid to the individual upon the Secretary receiving a certification of enrollment with respect to the individual made by such establishment.''.

Franchise Education for Veterans Act - Allows eligible individuals to use Department of Veterans Affairs (VA) veterans' educational assistance benefits for franchise training. Provides training assistance limits for each 12-month period, prohibiting an individual from receiving more than 12 months and more than $15,000 of such assistance. Authorizes such training assistance under the post-9/11 veterans' educational assistance program, with the same assistance limits.

To amend title 38, United States Code, to allow certain veterans to use educational assistance provided by the Department of Veterans Affairs for franchise training.

SECTION 1. PLACEMENT PROGRAM FOR SEPARATED MEMBERS OF THE ARMED FORCES IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES. (a) Placement Program With Law Enforcement Agencies.--(1) Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1152. Placement program for separated members to obtain employment with law enforcement agencies ``(a) Placement Program.--The Secretary of Defense shall establish a placement program to assist eligible members of the armed forces to obtain employment by State and local law enforcement agencies upon their discharge or release from active duty. ``(b) Eligible Members.--A member of the armed forces shall be eligible for selection to participate in the placement program if the member-- ``(1) is involuntary separated (as described in section 1141 of this title), is approved for separation under section 1174a or 1175 of this title, or is given early retirement under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1293 note) during the four-year period beginning on the date of the enactment of this section; ``(2) has a military occupational specialty, training, or experience related to law enforcement, such as service as a member of the military police; and ``(3) satisfies such other criteria for selection as the Secretary of Defense may prescribe. ``(c) Selection of Participants.--(1) The Secretary of Defense shall select members to participate in the placement program on the basis of applications submitted to the Secretary before the date of the discharge or release of the members from active duty or as soon after such date as the Secretary may prescribe. An application shall be in such form and contain such information as the Secretary may require. ``(2) The Secretary may not select a member to participate in the placement program unless the Secretary has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under this section with respect to that member. ``(d) Agreements With Law Enforcement Agencies.--(1) The Secretary of Defense may enter into an agreement with a State or local law enforcement agencies to facilitate the placement of participants in law enforcement employment positions if the law enforcement agency agrees-- ``(A) to select a participant in the placement program to receive training as a law enforcement officer; ``(B) to offer the participant full-time employment with the law enforcement agency as a law enforcement officer for a period of at least three years; and ``(C) to treat the participant so employed in the same manner (except with regard to tenure upon the completion of the required employment period) as any other law enforcement officer employed by the agency for purposes of determining seniority, duty assignments, and eligibility for benefits. ``(2) Under an agreement referred to in paragraph (1), the Secretary shall agree to pay to the law enforcement agency for the first three years of employment of the participant an amount equal to 100 percent of the basic salary paid (not to exceed $45,000 per year) by the law enforcement agency to the participant as a law enforcement officer. ``(3) Payments required under paragraph (2) shall be made by the Secretary in quarterly installments in advance. If the participant leaves the employment of the law enforcement agency before the end of the period covered by an advance payment, the law enforcement agency shall reimburse the Secretary for any portion of the advance payment that remains unpaid to the participant. ``(4) The Secretary may not enter into an agreement under this subsection with a law enforcement agency (and shall terminate any agreement so entered) if the Secretary determines that the agency-- ``(A) terminated the employment of another law enforcement officer in order to fill the vacancy so created with a participant in the placement program; or ``(B) seeks a participant in the placement program so as to avoid filling an existing employment vacancy with the agency. ``(5) The Secretary shall disseminate information and applications regarding the placement program to State and local law enforcement agencies eligible to enter into agreements under this subsection and may provide technical assistance to agencies seeking to enter into such an agreement. ``(e) Priority Given to High Crime Areas.--In entering into agreements with law enforcement agencies under subsection (d), the Secretary of Defense shall give priority to those law enforcement agencies performing law enforcement functions in high crime areas, as identified by the Attorney General. ``(f) Model Placement Agreements.--The Secretary of Defense shall endeavor to enter into agreements under subsection (d) with law enforcement agencies performing law enforcement functions in Atlanta, Georgia, Chicago, Illinois, Los Angeles, California, and New York, New York, for the placement of participants as law enforcement officers in these four cities. To the extent participants in the placement program are available for placement with law enforcement agencies operating in these cities, the Secretary shall reserve 10 percent of the placements during each fiscal year for these cities. Placements made under the authority of this subsection shall be in addition to any placements made under the placement program in these cities pursuant to the State allocation made under subsection (g). ``(g) Number of Participants per State.--(1) Except as provided in paragraph (2), the number of participants in the placement program who are placed in law enforcement employment positions in a particular State during a fiscal year may not exceed the number that-- ``(A) bears the same ratio to the total number of participants placed in law enforcement employment positions in that year (not counting participants placed under a model agreement under subsection (f)); as ``(B) the population of that State bears to the total population of all the States. ``(2) The Secretary of Defense may vary the placement ratios determined for States under paragraph (1) if the Secretary is unable to enter into a sufficient number of agreements under subsection (d) with law enforcement agencies in all States to permit compliance with the ratios. ``(h) Information Regarding Placement Program.--The Secretary of Defense shall provide information regarding the placement program to members of the armed forces as part of preseparation counseling provided under section 1142 of this title. The information provided shall include an up-to-date list of all law enforcement agencies with which the Secretary has entered into agreements under subsection (d). ``(i) Special Eligibility of Certain Persons Already Separated.--A member of the armed forces described in subsection (b) who was involuntary separated (as described in section 1141 of this title), approved for separation under section 1174a or 1175 of this title, or given early retirement under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1293 note) during the period beginning on October 1, 1990, and ending on the date of the enactment of this section may be selected to participate in the placement program if the member is otherwise eligible to participate. Any selections made pursuant to this subsection shall be made not later than October 1, 1994. ``(j) Definitions.--In this section: ``(1) The term `State' means each of the several States, the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands. ``(2) The term `law enforcement officer' means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including police, corrections, probation, parole, and judicial officers. ``(3) The term `placement program' means the placement program required to be established under this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``1152. Placement program for separated members to obtain employment with law enforcement agencies.''. (b) Attorney General Report.--Not later than two years after the date of the enactment of this Act, the Attorney General shall submit to Congress a report evaluating the impact, if any, that the law enforcement placement program required by section 1152 of title 10, United States Code (as added by subsection (a)), has had on reducing the incidence of crime in the United States.

Directs the Secretary of Defense to establish a placement program to assist in providing employment with State and local law enforcement agencies for members of the armed forces involuntarily separated during the four years following enactment of this Act and having a military specialty, training, or experience related to law enforcement. Directs the Secretary to enter into agreements under which a State or local law enforcement agency agrees to train and employ an eligible participant for a minimum three-year period and the Secretary pays the State or local government the full amount of the officer's salary. Provides: (1) a priority for high crime areas; (2) for model placement agreements with the cities of Atlanta, Chicago, Los Angeles, and New York under the program; (3) a limit on the number of participants per State; (4) for the dissemination of information concerning the program as part of preseparation counseling; and (5) for special eligibility for persons already separated.

To amend title 10, United States Code, to establish a program to place members of the Armed Forces who are separated from the Armed Forces in employment positions with law enforcement agencies to relieve shortages of law enforcement officers and to provide employment for displaced military personnel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember Housing Protection Act of 2012''. SEC. 2. ENHANCEMENTS TO PROTECTIONS ACCORDED UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT. (a) Protection of Surviving Spouse With Respect to Mortgage Foreclosure.-- (1) In general.--Section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended by adding at the end the following new subsection: ``(e) Protection of Surviving Spouse.--With respect to a servicemember who dies while in military service from a service- connected cause and who has a surviving spouse who is the servicemember's successor in interest to property covered under subsection (a), this section shall apply to the surviving spouse with respect to that property during the 9-month period beginning on the date of such death in the same manner as if the servicemember had not died.''. (2) Effective date.--Subsection (e) of section 303 of the Servicemembers Civil Relief Act, as added by paragraph (1), shall apply to the surviving spouse of a servicemember whose death occurs on or after the date of the enactment of this Act. (b) Termination of Residential Leases.-- (1) In general.--Section 305 of such Act (50 U.S.C. App. 535) is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following new subparagraph: ``(C) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, the date the lessee is assigned to or otherwise relocates to quarters or a housing facility as described in such subparagraph.''; and (B) in subsection (b)(1)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following new subparagraph: ``(C) the lease is executed by or on behalf of a person who thereafter and during the term of the lease is assigned to or otherwise relocates to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 of title 37, United States Code), including housing provided under the Military Housing Privatization Initiative.''. (2) Manner of termination.--Subsection (c)(1) of such section is amended-- (A) in subparagraph (A)-- (i) by inserting ``in the case of a lease described subsection (b)(1) and subparagraph (A) or (B) of such subsection,'' before ``by delivery''; and (ii) by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) in the case of a lease described in subsection (b)(1) and subparagraph (C) of such subsection, by delivery by the lessee of written notice of such termination, and a letter from the servicemember's commanding officer indicating that the servicemember has been assigned to or is otherwise relocating to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 of title 37, United States Code), to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and''. (c) Definition of Military Orders and Continental United States for Purposes of Act.-- (1) Transfer of definition.--Such Act is further amended by transferring paragraphs (1) and (2) of section 305(i) (50 U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App. 511) and redesignating those paragraphs as paragraphs (10) and (11). (2) Conforming amendments.--Such Act is further amended-- (A) in section 305 (50 U.S.C. App. 535), as amended by paragraph (1), by striking subsection (i); and (B) in section 705 (50 U.S.C. App. 595) by striking ``or naval'' both places it appears.

Servicemember Housing Protection Act of 2012 - Amends the Servicemembers Civil Relief Act to protect against a mortgage foreclosure or residential lease termination the surviving spouse who is the successor in interest to a servicemember who dies while in military service from a service-connected cause. Extends such protection for the nine-month period following the death of the servicemember. Allows the termination of an existing lease by the lessee, without penalties, when the lessee is assigned to or otherwise relocates to federal quarters or military housing. Requires, in such case, the lessee to notify the lessor, which shall include a letter from the servicemember's commanding officer indicating such relocation.

A bill to amend the Servicemembers Civil Relief Act to enhance the protections accorded to servicemembers and their spouses with respect to mortgages, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thompson Divide Withdrawal and Protection Act of 2017''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Thompson Divide in western Colorado provides rural character, a robust agriculture-based economy, and outstanding recreational and sporting opportunities to the public; (2) the Thompson Divide-- (A) provides important spring and summer grazing land for historical ranching operations; and (B) was described by President Theodore Roosevelt as a ``great, wild country''; (3) the Interior Board of Land Appeals has determined that certain mineral leases previously issued within the Thompson Divide are legally deficient; (4) the remedy to the deficiencies described in paragraph (3) may result in protracted legal action and uncertainty for surrounding communities and industry; and (5) the communities affected by the leases have requested a solution that-- (A) addresses the leasing controversy; and (B) provides long-term certainty for management of Federal land within the Thompson Divide and the surrounding landscape. (b) Purposes.--The purposes of this Act are-- (1) to provide for the cancellation of certain Federal mineral leases in the Thompson Divide; (2) subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from future mineral and other disposal laws; and (3) to provide a market-based form of reimbursement for cancelled leases. SEC. 3. DEFINITIONS. In this Act: (1) North thompson divide lease.--The term ``North Thompson Divide Lease'' means each of the Federal mineral leases numbered COC 66706, COC 66707, COC 66708, COC 66709, COC 66710, COC 66711, and COC 66712. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) South thompson divide lease.--The term ``South Thompson Divide Lease'' means each of the Federal mineral leases numbered COC 66701, COC 66687, COC 66688, COC 66689, COC 66690, COC 66691, COC 66692, COC 66693, COC 66694, COC 66695, COC 66696, COC 66697, COC 66698, COC 66699, COC 66700, COC 66702, COC 66908, and COC 66909. (4) State.--The term ``State'' means the State of Colorado. (5) Thompson divide map.--The term ``Thompson Divide map'' means the map entitled ``Greater Thompson Divide Area Map'' and dated September 22, 2016. (6) Thompson divide withdrawal and protection area.--The term ``Thompson Divide Withdrawal and Protection Area'' means the Federal land and minerals at Thompson Divide and adjacent areas in Gunnison County, Colorado, as generally depicted on the Thompson Divide map as the ``Thompson Divide Withdrawal and Protection Area''. (7) Wolf creek storage field development rights.-- (A) In general.--The term ``Wolf Creek Storage Field development rights'' means the development rights for each of the Federal mineral leases numbered COC 007496, COC 007497, COC 007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 015373, COC 0128018, COC 051645, and COC 051646, and generally depicted on the Thompson Divide map as ``Wolf Creek Storage Agreement''. (B) Exclusions.--The term ``Wolf Creek Storage Field development rights'' does not include any storage rights or related activities within the area described in subparagraph (A). SEC. 4. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. (a) Withdrawal.--Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Surveys.--The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture. SEC. 5. NORTH THOMPSON DIVIDE LEASE EXCHANGE. (a) In General.--Except as provided in subsection (b), in exchange for the relinquishment by a leaseholder of all North Thompson Divide Leases of the leaseholder, the Secretary may issue to the leaseholder credits for bid, royalty, or rental payments due under Federal oil and gas leases on Federal land in the State. (b) Exception.--If a North Thompson Divide Lease has been cancelled by the Secretary before the date of enactment of this Act and the holder of the cancelled lease has been compensated for the cancelled lease, the Secretary may not issue credits for bid, royalty, or rental payments for the cancelled lease under subsection (a). (c) Amount of Credit.-- (1) In general.--The amount of the credits issued to a holder of any North Thompson Divide Leases relinquished under subsection (a) shall-- (A) be equal to the sum of-- (i) the amount of the bonus bids paid for the applicable North Thompson Divide Leases; (ii) the amount of any rental paid for the applicable North Thompson Divide Leases as of the date on which the holder of the applicable North Thompson Divide Leases notifies the Secretary of the decision to relinquish the applicable North Thompson Divide Leases; and (iii) the amount of any expenses incurred by the holder of the applicable North Thompson Divide Leases in the preparation of drilling permits, sundry notices, or other related submissions in furtherance of the development of the applicable North Thompson Divide Leases as of July 29, 2016, including any expenses related to the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) require the approval of the Secretary. (2) Exclusion.--The amount of a credit issued under subsection (a) shall not include any expenses paid by the holder of a North Thompson Divide Lease for legal fees or related expenses for legal work with respect to a North Thompson Divide Lease. (d) Cancellation.--The North Thompson Divide Leases, on relinquishment and without further action by the Secretary, shall-- (1) be permanently cancelled; and (2) not be reissued. (e) Conditions.-- (1) Applicable law.--Except as otherwise provided in this section, the exchange under this section shall be conducted in accordance with-- (A) this Act; and (B) other applicable laws (including regulations). (2) Acceptance of credits.--The Secretary shall accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection. (3) Applicability.--The use of the credits issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent the laws are consistent with this section. (4) Treatment of credits.--All amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of-- (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); and (B) section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). SEC. 6. SOUTH THOMPSON DIVIDE LEASE EXCHANGE. (a) In General.--Except as provided in subsection (b), in exchange for the relinquishment by a leaseholder of all South Thompson Divide Leases of the leaseholder, the Secretary may issue to the leaseholder credits for bid, royalty, or rental payments due under Federal oil and gas leases on Federal land in the State. (b) Exception.--If a South Thompson Divide Lease has been cancelled by the Secretary before the date of enactment of this Act and the holder of the cancelled lease has been compensated for the cancelled lease, the Secretary may not issue credits for bid, royalty, or rental payments for the cancelled lease under subsection (a). (c) Amount of Credit.-- (1) In general.--The amount of the credits issued to the holder of any South Thompson Divide Leases relinquished under subsection (a) shall-- (A) be equal to the sum of-- (i) the amount of the bonus bids paid for the applicable South Thompson Divide Leases; (ii) the amount of any rental paid for the applicable South Thompson Divide Leases as of the date on which the holder of the applicable South Thompson Divide Leases notifies the Secretary of the decision to relinquish the applicable South Thompson Divide Leases; (iii) the amount of any expenses incurred by the holder of the applicable South Thompson Divide Leases in the preparation of drilling permits, sundry notices, or other related submissions in furtherance of the development of the applicable South Thompson Divide Leases as of July 29, 2016, including any expenses related to the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (iv) the amount of any expenses incurred by the holder of the applicable South Thompson Divide Leases in the purchasing of rights and the preparation of drilling permits, sundry notices, or other related submissions in furtherance of the development of the Wolf Creek Storage Field development rights; and (B) require the approval of the Secretary. (2) Exclusion.--The amount of a credit issued under subsection (a) shall not include any expenses paid by the holder of a South Thompson Divide Lease for legal fees or related expenses for legal work with respect to a South Thompson Divide Lease. (d) Cancellation.--The South Thompson Divide Leases, on relinquishment and without further action by the Secretary, shall-- (1) be permanently cancelled; and (2) not be reissued. (e) Conditions.-- (1) Applicable law.--Except as otherwise provided in this section, the exchange under this section shall be conducted in accordance with-- (A) this Act; and (B) other applicable laws (including regulations). (2) Acceptance of credits.--The Secretary shall accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection. (3) Applicability.--The use of the credits issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent the laws are consistent with this section. (4) Treatment of credits.--All amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of-- (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); and (B) section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). (f) Wolf Creek Storage Field Development Rights.-- (1) Conveyance to secretary.--As a condition precedent to the relinquishment of the South Thompson Divide Leases, a leaseholder shall permanently relinquish, transfer, and otherwise convey to the Secretary, in a form acceptable to the Secretary, all Wolf Creek Storage Field development rights of the leaseholder. (2) Limitation of transfer.--Any interest acquired by the Secretary under paragraph (1) shall be held in perpetuity and not transferred, reissued, or otherwise used for mineral extraction. SEC. 7. METHANE LEASING IN THE LOWER NORTH FORK VALLEY. (a) Inventory.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete, or shall collaborate with agencies of the State or with institutions of higher education in the State to complete, an inventory of all significant emissions of methane in the North Fork Valley, Colorado, including methane emissions from active, inactive, and abandoned coal mines. (b) Leasing Program.-- (1) In general.--Not later than 1 year after the date of completion of the inventory required under subsection (a), the Secretary shall carry out, to the extent permissible under applicable law, a program to offer for lease Federal methane from active, inactive, and abandoned coal mines, subject to valid existing rights. (2) Conditions.--The program carried out under paragraph (1) shall-- (A) only include methane that can be collected and transported in a manner that does not-- (i) endanger the safety of coal mine workers; or (ii) unreasonably interfere with ongoing operations at coal mines; and (B) provide for the owners or operators of mines with leases that overlap potential methane leases under the program carried out under paragraph (1) to elect to remove the areas from potential methane leasing under the program if the owners or operators determine that the conditions described in subparagraph (A) are not met. (c) Coal Mine Methane Electrical Power Generation Demonstration Program.-- (1) In general.--Not later than 2 years after the date of completion of the inventory required under subsection (a), the Secretary shall enter into discussions with the eligible entities described in paragraph (2) to develop a program to facilitate the sale and delivery of methane that is subject to subsection (b), but which has not been leased under that subsection, to one or more of the eligible entities to demonstrate the feasibility, cost-effectiveness, and environmental benefits of producing electrical power from methane from coal mines. (2) Description of eligible entity.--An eligible entity referred to in paragraph (1) is a rural electric utility, energy cooperative, or municipal utility with service area boundaries within 100 miles of Paonia, Colorado. (3) Establishment of pricing.--In facilitating the delivery of methane under paragraph (1), the Secretary shall establish pricing for the sale and delivery of methane that is sufficient to reimburse all costs to the Secretary for the implementation and management of the demonstration program developed under that paragraph. (4) Contracts.--The Secretary may contract with the State or one or more institutions of higher education in the State to provide services to the eligible entities described in paragraph (2) to facilitate the program developed under paragraph (1), with all related costs to be included in the pricing established under paragraph (3). SEC. 8. EFFECT. Unless expressly provided in this Act, nothing in this Act-- (1) expands, diminishes, or impairs any valid existing mineral leases, mineral interest, or other property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, rights, or land in accordance with applicable Federal, State, and local laws (including regulations); (2) prevents the capture of methane from active, inactive, or abandoned coal mines covered by this Act, in accordance with applicable law; or (3) prevents access to, or the development of, any new or existing coal mine or lease in Delta or Gunnison County, Colorado.

Thompson Divide Withdrawal and Protection Act of 2017 This bill withdraws the Thompson Divide Withdrawal and Protection Area in Colorado from: (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. In exchange for the relinquishment of all of the North Thompson Divide leases or South Thompson Divide leases of a leaseholder, the Department of the Interior may issue to such leaseholder credits for bid, royalty, or rental payments due under federal oil and gas leases on federal land in Colorado. Upon relinquishment, such leases shall be permanently canceled and shall not be reissued. As a condition for relinquishing South Thompson Divide leases, a leaseholder must permanently relinquish, transfer, and otherwise convey to Interior all of its Wolf Creek Storage Field development rights, excluding any storage rights or related activities within the area. Interior shall: (1) complete, or shall collaborate with state agencies or institutions of higher education in Colorado to complete, an inventory of all significant methane emissions in the North Fork Valley, including emissions from active, inactive, and abandoned coal mines; (2) carry out a program to lease federal methane from such mines; and (3) enter into discussions to develop a program to facilitate the sale and delivery of such methane that has not been leased to at least one rural electric utility, municipal utility, or energy cooperative with service area boundaries within 100 miles of Paonia, Colorado, to demonstrate the feasibility, cost-effectiveness, and environmental benefits of producing electrical power from methane collected from coal mines.

Thompson Divide Withdrawal and Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Heating Oil Act of 2012''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Energy Information Administration estimates that 3.93 billion gallons of heating oil were consumed in the United States in 2010, representing 7.2 percent of total demand for distillate oil in the United States. (2) Currently, the sulfur content of heating oil is the only chemical difference between heating oil and highway diesel fuel. However, the State of New York will require the same sulfur content for heating oil as onroad and offroad diesel fuel beginning on July 1, 2012. (3) Since 2010, the Environmental Protection Agency has limited the sulfur content of highway and most nonroad diesel fuel to no more than 15 parts per million. (4) The Northeast States for Coordinated Air Use Management estimates that heating oil represents 54 percent of total demand for heating oil and diesel fuel in the Northeast and is the second largest source of sulfur dioxide emissions. (5) The Energy Information Administration estimates that the United States exported 8.65 billion gallons of diesel fuel with a sulfur content of less than 15 parts per million in 2011. (6) The Environmental Protection Agency concluded in a 2008 report that reducing sulfur dioxide exposure yields numerous health benefits. (7) The Northeast States for Coordinated Air Use Management estimates that reducing the sulfur content in heating oil will eliminate 167,000 tons of sulfur dioxide emissions, and provide substantial benefits to the health and well-being of the people of the United States. (8) The Environmental Protection Agency has authority under section 111 of the Clean Air Act (42 U.S.C. 7411) to limit the sulfur content of heating oil used in stationary sources. (9) The Brookhaven National Laboratory estimates that reducing the sulfur content of heating oil will improve overall heating system efficiency and longevity, and save as much as $200 million per year in system maintenance costs. SEC. 3. SULFUR CONTENT OF HEATING OIL. (a) Amendment.--Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. SULFUR CONTENT OF HEATING OIL. ``(a) Heating Oil Defined.--In this section, the term `heating oil' means any number 1 distillate, number 2 dyed distillate, or non- petroleum diesel blend that-- ``(1) is sold for use in furnaces, boilers, stationary diesel engines, or similar applications; and ``(2) is commonly or commercially known or sold as heating oil or fuel oil or using a similar trade name. ``(b) Requirement.-- ``(1) In general.--Effective June 1, 2016, no person shall manufacture, sell, supply, offer for sale or supply, dispense, transport, or introduce into commerce heating oil which contains a concentration of sulfur in excess of-- ``(A) 15 parts per million; or ``(B) a lesser concentration established under subsection (c). ``(2) Early use credits.-- ``(A) In general.--The Administrator may, by regulation, provide for the issuance of credits to refiners and importers for amounts of heating oil manufactured or imported before June 1, 2016, in accordance with the limitation described in paragraph (1). ``(B) Use; transfer.--Any regulations promulgated under subparagraph (A) shall provide that a refiner or importer who is issued credits may use such credits, or transfer all or a portion of such credits to another refiner or importer for use, for the purpose of complying with this subsection. ``(C) Limitation.--Any credit issued under this paragraph shall expire on June 1, 2019, and may not be used to comply with this subsection on or after such date. ``(c) Authority To Require Lesser Concentration.-- ``(1) Authority.--Subject to paragraph (2), the Administrator may by regulation reduce the concentration of sulfur in heating oil permissible under subsection (b) to the extent necessary to ensure that such concentration is not reasonably anticipated to endanger the public health or welfare. ``(2) Limitation.--Paragraph (1) does not authorize the Administrator to reduce the concentration of sulfur in heating oil permissible under subsection (b) to any concentration lower than the concentration of sulfur in diesel fuel permissible under section 211. ``(d) Waiver Authority.-- ``(1) In general.--The Administrator may temporarily waive the requirements of this section in whole or in part if, after consultation with, and concurrence by, the Secretary of Energy, the Administrator determines that, with respect to heating oil, the criteria listed in subclauses (I) through (III) of section 211(c)(4)(C)(ii) are met. ``(2) Limitation and requirements.--Any waiver under paragraph (1) shall be subject to the limitations and requirements applicable to waivers under subclauses (I) through (V) of section 211(c)(4)(C)(iii). For purposes of the preceding sentence, the reference in section 211(c)(4)(C)(iii)(IV) to the motor fuel distribution system is deemed to refer to the heating oil distribution system. ``(e) Heating Oil Manufactured by Small Refineries.--The Administrator may waive one or more requirements of this section with respect to any heating oil manufactured by a small refinery (as defined in section 211(o)(1)(K)). The period of a waiver under this subsection shall terminate not later than June 1, 2019. ``(f) Penalties and Injunctions.--The provisions of section 211(d) shall apply to a violation of this section or the regulations thereunder to the same extent and in the same manner as such provisions apply to a violation of section 211(i) or the regulations thereunder.''. (b) Regulations.--Not later than 24 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall issue a final regulation to implement and enforce section 132 of the Clean Air Act, as added by subsection (a).

Clean Heating Oil Act of 2012 - Amends the Clean Air Act to prohibit, effective June 1, 2016, any person from manufacturing, selling, supplying, offering for sale or supply, dispensing, transporting, or introducing into commerce heating oil which contains a concentration of sulfur in excess of: (1) 15 parts per million, or (2) a lesser concentration that may be established by the Administrator of the Environmental Protection Agency (EPA) (but not below the concentration of sulfur in diesel fuel permissible under renewable fuel standards) to ensure that such concentration is not reasonably anticipated to endanger the public health or welfare. Allows the Administrator to: (1) provide for the issuance of credits to refiners and importers for amounts of heating oil manufactured or imported before June 1, 2016, in accordance with such limitation; and (2) allow a refiner or importer to use such credits, or transfer such credits to another refiner or importer for use, for the purpose of complying with this Act. Terminates such credits on June 1, 2019. Defines "heating oil" to mean any number 1 distillate, number 2 dyed distillate, or non-petroleum diesel blend that is: (1) sold for use in furnaces, boilers, stationary diesel engines, or similar applications; and (2) commonly or commercially known or sold as heating oil or fuel oil or using a similar trade name. Allows the Administrator to: (1) temporarily waive the requirements of this Act if the Administrator determines, and the Secretary of Energy (DOE) concurs, that the criteria for fuels and fuel additives is met with respect to heating oil; and (2) waive requirements of this Act with respect to any heating oil manufactured by a small refinery until June 1, 2019. Applies penalty and injunction provisions for violations of fuel regulations under the Clean Air Act to violations of this Act.

To amend the Clean Air Act with respect to the sulfur fuel content of heating oil.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The International Space Station, the Space Launch System, and the Orion crew capsule will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space. As a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments. (2) While the Space Launch System and the Orion programs, currently under development, have made significant progress, they have not been funded at levels authorized, and as a result congressionally authorized milestones will be delayed by several years. (3) In addition, contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience. As a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs. (4) According to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them. In fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders--a termination rate of about 0.17 percent. (5) Providing processes requiring congressional action on termination of these high-priority programs would enable contractors to apply taxpayer dollars to making maximum progress in meeting the established technical goals and schedule milestones of these programs. SEC. 2. NASA TERMINATION LIABILITY. (a) General Rule.--Termination liability costs for a covered program shall be provided only pursuant to this section. (b) Prohibition on Reserving Funds.--The Administrator may not reserve funds from amounts appropriated for a covered program, and shall direct prime contractors not to reserve funds, for potential termination liability costs with respect to a covered program. (c) Intent of Congress.--It is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. (d) Void Contractual Provisions.--Any provision in a prime contract entered into before the date of enactment of this Act that provides for the payment of termination liability costs through any means other than as provided in this section is hereby declared to be void and unenforceable. (e) Congressional Action; Notice.-- (1) Termination for convenience.--The Administrator may not initiate termination for the convenience of the Government of a prime contract on a covered program unless such program termination is authorized or required by a law enacted after the date of enactment of this Act. (2) Termination for cause.--The Administrator shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate before initiating termination for cause of a prime contract on a covered program. (f) Supplemental Appropriation Request.-- (1) Request.--If the Administrator decides to terminate a prime contract on a covered program, and sufficient unobligated appropriations are not available to cover termination liability costs in the appropriations account that is funding the prime contract being terminated, the Administrator shall provide to Congress a notification that an authorization of appropriations is necessary not later than 120 days in advance of the proposed contract settlement for the covered program. (2) Intent of congress.--It is the intent of Congress to provide additional authorization for appropriations as may be necessary to pay termination liability costs on prime contracts for covered programs if Congress deems it appropriate that the Administration terminate such prime contracts. SEC. 3. REPORTING. Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter for the duration of the prime contracts on covered programs, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides-- (1) the estimated termination liability costs for each of the prime contracts; and (2) the basis for how such estimate was determined. SEC. 4. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the National Aeronautics and Space Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Administration. (3) Covered program.--The term ``covered program'' means the International Space Station, the Space Launch System, and the Orion crew capsule. (4) Orion crew capsule.--The term ``Orion crew capsule'' refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323). (5) Prime contractor.--The term ``prime contractor'' means a person or entity contracting directly with the Federal Government on a covered program. (6) Space launch system.--The term ``Space Launch System'' refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322). (7) Termination liability costs.--The term ``termination liability costs'' means any costs incurred by a prime contractor, or by any subcontractor of a prime contractor, for which the Federal Government is liable as a result of termination of a prime contract by the Administrator.

Declares that termination liability costs for the International Space Station (ISS), the Space Launch System, and the Orion crew capsule (covered programs) shall be provided only pursuant to this Act. Prohibits the Administrator of the National Aeronautics and Space Administration (NASA) from reserving funds from amounts appropriated for a covered program, and instructs the Administrator to direct prime contractors not to reserve funds for potential termination liability costs respecting such a program. Declares that it is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. Declares void and unenforceable any provision in a prime contract entered into before enactment of this Act that provides for the payment of termination liability costs through any other means than as provided in this Act. Bars the Administrator from initiating termination of a prime contract on a covered program for the convenience of the government unless it is authorized or required by a law enacted after this Act's enactment. Requires notice to specified congressional committees before initiating termination of a prime contract for cause. Requires the Administrator to notify Congress if an authorization of appropriations is necessary in advance of a proposed program termination because sufficient unobligated appropriations are not available in the appropriations account funding the contract.

To provide for termination liability costs for certain National Aeronautics and Space Administration projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home School Non-Discrimination Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The right of parents to direct the education of their children is an established principle and precedent under the United States Constitution. (2) The Congress, the President, and the Supreme Court, in exercising their legislative, executive, and judicial functions, respectively, have repeatedly affirmed the rights of parents. (3) Education by parents at home has proven to be an effective means for young people to achieve success on standardized tests and to learn valuable socialization skills. (4) Young people who have been educated at home are proving themselves to be competent citizens in post-secondary education and the workplace. (5) The rise of private home education has contributed positively to the education of young people in the United States. (6) Several laws, written before and during the rise of private home education, are in need of clarification as to their treatment of students who are privately educated at home pursuant to State law. (7) The United States Constitution does not allow Federal control of homeschooling. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) private home education, pursuant to State law, is a positive contribution to the United States; and (2) parents who choose this alternative education should be encouraged within the framework provided by the Constitution. SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND STUDENT ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965. (a) Clarification of Institutional Eligibility.--Section 101(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is amended by inserting ``meeting the requirements of section 484(d)(3) or'' after ``only persons'' . (b) Clarification of Student Eligibility.--Section 484(d) of the Higher Education Act of 1965 is amended by striking the heading ``Students Who Are not High School Graduates'' and inserting ``Satisfaction of Secondary Education Standards''. SEC. 5. CLARIFICATION OF THE CHILD FIND PROCESS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 614(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(a)(1)) is amended by adding at the end the following: ``(D) Effect of absence of consent on agency obligations.--In any case for which there is an absence of consent for an initial evaluation under this paragraph or for special education or related services to a child with a disability under this part-- ``(i) the local educational agency shall not be required to convene an IEP meeting or develop an IEP under this section for the child; and ``(ii) the local educational agency shall not be considered to be in violation of any requirement under this part (including the requirement to make available a free appropriate public education to the child) with respect to the lack of an initial evaluation of the child, an IEP meeting with respect to the child, or the development of an IEP under this section for the child.''. SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS ACCOUNT AS TO ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (relating to qualified elementary and secondary education expenses) is amended by adding at the end the following new subparagraph: ``(C) Special rule for home schools.--For purposes of clauses (i) and (iii) of subparagraph (A), the terms `public, private, or religious school' and `school' shall include any home school which provides elementary or secondary education if such school is treated as a home school or private school under State law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. Section 444 of the General Education Provisions Act (20 U.S.C. 1232g; also referred to as the Family Educational Rights and Privacy Act of 1974) is amended-- (1) in subsection (a)(5), by adding at the end the following: ``(C) For students in non-public education (including any student educated at home or in a private school in accordance with State law), directory information may not be released without the written consent of the parents of such student.''; (2) in subsection (a)(6), by striking ``, but does not include a person who has not been in attendance at such agency or institution.'' and inserting ``, including any non-public school student (including any student educated at home or in a private school as provided under State law). This paragraph shall not be construed as requiring an educational agency or institution to maintain education records or personally identifiable information for any non-public school student.''; and (3) in subsection (b)(1), by striking subparagraph (F) and inserting the following: ``(G) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, provided-- ``(i) such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; and ``(ii) for students in non-public education, educational records or personally identifiable information may not be released without the written consent of the parents of such student.''. SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C. Sec. 1070d-36(a)) is amended by inserting ``(or a home school, whether treated as a home school or a private school under State law)'' after ``public or private secondary school''. SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS ACT AS APPLIED TO STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW. Subsection (l) of section 3 of the Fair Labor Standards Act (29 U.S.C. 203) is amended by adding at the end the following: ``The Secretary shall extend the hours and periods of permissible employment applicable to employees between the ages of fourteen and sixteen years who are privately educated at a home school (whether the home school is treated as a home school or a private school under State law) beyond such hours and periods applicable to employees between the ages of fourteen and sixteen years who are educated in traditional public schools.''.

Home School Non-Discrimination Act of 2003 - Expresses the sense of the Congress that parents who choose private home education should be encouraged within the framework provided by the Constitution. Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend. Amends the Individuals with Disabilities Education Act (IDEA) to provide, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child. Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under State law. Amends the part of the General Education Provisions Act known as the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in non-public education, including any student educated at home or in a private school in accordance with State law, without written parental consent. Amends HEA to include students at home schools, whether treated as a home school or a private school under State law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education. Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under State Law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.)

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Physician Telephone Consultation Services Coverage Act of 2008''. SEC. 2. MEDICARE PAYMENT FOR UNSCHEDULED PHYSICIAN TELEPHONE SERVICES. (a) Coverage Under Part B.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (Z), by striking ``and'' at the end; (B) in subparagraph (AA), by adding at the end ``and''; and (C) by adding at the end the following new subparagraph: ``(BB) subject to section 2(c) of the Medicare Physician Telephone Consultation Services Coverage Act of 2008, unscheduled telephone consultation services (as defined in subsection (ccc)(1)) by a physician, with respect to the treatment of an individual, if-- ``(i) the Medicare number of the individual is associated with the national provider identifier of the physician; ``(ii) to ensure the quality and appropriateness of such consultation services, the utilization of such services by the individual can be reviewed by a utilization and quality control peer review organization or eligible entity with which the Secretary has entered into a contract under part B of title XI or section 1893, respectively, by the organization or entity applying for purposes of the review under this subparagraph the processes and standards used by such organization or entity under such part or section, respectively, in the same manner that such processes and standards apply for purposes of carrying out utilization and quality review under such part or section, respectively; ``(iii) such consultation services are securely recorded by the Secretary (or an entity described in subsection (ccc)(1) with which the Secretary enters into a contract) for purposes of appropriate review by peers of the physician who practice in the same medical specialty as the physician and Medicare administrative contractor oversight of such services; and ``(iv) the physician provides for the submission to the Secretary (or an entity described in subsection (ccc)(1) with which the Secretary enters into a contract) and the Secretary (or such an entity) records and maintains a summary of each such consultation service furnished by the physician that includes-- ``(I) the date and time (including duration) of the consultation service; ``(II) a unique medical record number specified by the Secretary (or such entity) to identify the consultation service; ``(III) the name of the individual; ``(IV) the name of the physician; and ``(V) a summary of the content of the consultation service;''. (2) Unscheduled telephone consultation services defined.-- Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Unscheduled Telephone Consultation Services ``(ccc)(1) The term `unscheduled telephone consultation service' means a consultation conducted by means of telephone or similar electronic communication device between a physician and an individual (or a representative of such individual), with respect to the treatment of such individual, that is not included as a scheduled physician service (as defined by the Secretary in regulations), and which is initiated by the individual (or representative) contacting a communication network operated by the Secretary (or an entity with which the Secretary enters into a contract) that connects the individual to the physician, securely records the consultation for purposes of subsection (s)(2)(BB), and maintains the information described in clause (iv) of such subsection with respect to such consultation. ``(2) For purposes of applying the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) with respect to an unscheduled telephone consultation service furnished by a physician-- ``(A) an entity with which the Secretary contracts under this subsection shall be treated as a health oversight agency; and ``(B) activities of such an entity described in subparagraph (A) in relation to such physician and such unscheduled telephone consultation service are deemed to be health oversight activities.''. (b) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(BB),'' after ``(2)(AA),''. (c) Contingent Effective Date, Demonstration Program.-- (1) Contingent effective date.--The amendments made by this section shall become effective (if at all) in accordance with paragraph (2). (2) Demonstration program.-- (A) In general.--The Secretary of Health and Human Services (in this paragraph referred to as the ``Secretary'') shall establish a demonstration program to begin not later than 6 months after the date of the enactment of this Act to test the effectiveness of providing coverage under the Medicare Program for unscheduled telephone consultation services (as defined in section 1861(ccc) of the Social Security Act) by physicians to the extent provided under the amendments made by this section to a sample group of Medicare beneficiaries. For purposes of such demonstration program, the Secretary shall find that the provision of such coverage is effective if-- (i) the coverage reduces costs to the Medicare Program (such as through a reduction in admissions to the emergency departments of hospitals), whether or not such reduction is demonstrated in a reduction in the facility fees of hospital emergency departments, professional fees of emergency department physicians, laboratory fees, pathologist fees, hospital radiology department fees for technical components of x-rays, radiologist professional fees for interpreting x-rays, hospital respiratory department fees for respiratory treatments, hospital cardiology department fees for electrocardiograms, professional fees for interpreting such electrocardiograms, or any other cost specified by the Secretary; and (ii) the coverage results in patient health outcomes that are at least as favorable as would apply in the absence of such coverage (as determined in accordance with criteria established by the Centers for Medicare & Medicaid Services, in consultation with physician organizations). (B) Initial period of demonstration program.--The demonstration program under subparagraph (A) shall be conducted for an initial period of 24 months. (C) Report to congress.-- (i) In general.--Not later than 30 days after the last day of the initial period under subparagraph (B), the Secretary shall submit to Congress a report on the results of the demonstration program under this paragraph. (ii) Finding that payments are effective.-- If the Secretary finds, on the basis of the data derived from the demonstration program under subparagraph (A) and in accordance with such subparagraph, that providing coverage under the Medicare Program for unscheduled telephone consultation services by physicians (to the extent provided under the amendments made by this section) is effective, the amendments made by this section shall become effective on the first day of the first month beginning after the date the report under clause (i) is submitted to Congress. (iii) Finding that payments are not effective.--If the Secretary finds, on the basis of the data derived from the demonstration program under subparagraph (A) and in accordance with such subparagraph, that a finding of effectiveness (as described in clause (ii)) cannot be made, the demonstration program shall continue for a period of an additional 24 months. Not later than 30 days after the last day of such period, the Secretary shall submit to Congress a final report on the results of such program. The amendments made by this section shall become effective on the first day of the first month beginning after the date such report is submitted to Congress unless the report contains a finding by the Secretary, on the basis of such data and in accordance with such subparagraph, that providing coverage under the Medicare Program for unscheduled telephone consultation services by physicians (to the extent provided under the amendments made by this section) is not effective, in which case the amendments made by this section shall not become effective. (d) Clarification.--Nothing in the provisions of this section or the amendments made by this section shall be construed as authorizing the creation of a national reporting system on physician quality.

Medicare Physician Telephone Consultation Services Coverage Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to cover unscheduled physician telephone consultation services under Medicare part B (Supplementary Medical Insurance). Directs the Secretary of Health and Human Services to establish a demonstration program to test the effectiveness of providing Medicare coverage for such services.

To amend title XVIII of the Social Security Act to provide payments under the Medicare Program for unscheduled physician telephone consultation services in the case that such payments are determined to be cost and quality effective.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Engine Technology Act of 2003''. SEC. 2. CREDIT FOR QUALIFYING CLEAN TECHNOLOGY ENGINES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR QUALIFYING CLEAN TECHNOLOGY ENGINES. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the cost of each qualifying clean technology engine placed in service during the taxable year by any taxpayer in connection with such taxpayer's trade or business. ``(b) Limitation.-- ``(1) In general.--The credit allowed under subsection (a) shall not exceed $15,000 for any taxpayer for any taxable year. ``(2) Maximum credit per ton.--The credit allowed under subsection (a) shall not exceed $13,600 for each ton of emissions eliminated, as determined by regulations promulgated by the Secretary. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualifying clean technology engine.-- ``(A) In general.--The term `qualifying clean technology engine' means an engine-- ``(i) which replaces a diesel engine (which is not a qualifying clean technology engine) used by the taxpayer immediately before such engine is placed in service, ``(ii) which is used-- ``(I) in a heavy duty truck or a bus, or ``(II) for off-highway use, ``(iii) 75 percent of emissions from which are in an area designated as a severe or extreme 1 hour ozone nonattainment area (as determined by the Administrator of the Environmental Protection Agency) as of the date of the enactment of this section, ``(iv) which-- ``(I) emits at least 30 percent fewer ozone forming pollutants than the engine which it replaces, and ``(II) meets any Federal and State pollution control requirements applicable to the year in which such engine is placed in service, and ``(v) which is certified as meeting the requirements of this section by the local air pollution control authority in such area. ``(B) Engines in new motor vehicles included.-- ``(i) In general.--Such term includes an engine that otherwise meets the requirements of subparagraph (A) and is in a new motor vehicle purchased by the taxpayer which replaces a motor vehicle with a diesel engine (which is not a qualifying clean technology engine) used by the taxpayer immediately before such new motor vehicle is placed in service. ``(ii) Engine in new vehicle replaces engine in old vehicle.--For purposes of this section, a qualifying clean technology engine in a new motor vehicle shall be considered to have replaced the engine in the vehicle used by the taxpayer immediately before the new motor vehicle is placed in service. ``(2) Old engine must be destroyed.--No credit shall be allowed under subsection (a) unless the taxpayer destroys or otherwise retires the engine which is replaced by the qualifying clean technology engine. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(2) the tentative minimum tax for the taxable year. ``(e) Basis Reduction.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(f) No Double Benefit.--The amount of any deduction or other credit allowable under this chapter for any cost taken into account in computing the amount of the credit determined under subsection (a) shall be reduced by the amount of such credit attributable to such cost. ``(g) Carryback and Carryforward Allowed.-- ``(1) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following unused credit year, except that no excess may be carried to a taxable year beginning before the date of the enactment of this paragraph. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under paragraph (1). ``(h) Other Special Rules.--Rules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. ``(i) Regulations.--The Secretary shall, after consulting with the Administrator of the Environmental Protection Agency and the California Air Resources Board, prescribe such regulations as necessary to carry out the provisions of this section. ``(j) Termination.--This section shall not apply to any property placed in service after December 31, 2009.''. (b) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 30B(e).''. (2) Section 55(c)(2) of such Code is amended by inserting ``30B(d),'' after ``30(b)(3),''. (3) 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 30A the following new item: ``30B. Credit for qualifying clean technology engines.''. (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, in taxable years ending after such date.

Clean Engine Technology Act of 2003 - Amends the Internal Revenue Code to allow a limited credit, through December 31, 2009 for the cost of each qualifying clean technology engine placed in service by a taxpayer in connection with the taxpayer's trade or business.

To amend the Internal Revenue Code of 1986 to provide a credit for qualifying clean technology engines.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Geospatial Preparedness 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 and purposes. Sec. 3. Definitions. Sec. 4. Homeland security and national geospatial preparedness. Sec. 5. Security policy and guidelines for geospatial data. Sec. 6. Office of Geospatial Management and Geospatial Information Officer. Sec. 7. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Geospatial technologies and geospatial data can provide all levels of government and the private sector with proven capabilities to carry out detection, planning, preparedness, mitigation, response, and recovery activities for homeland security purposes that save lives and protect property. (2) The completion and maintenance of the National Spatial Data Infrastructure with integrated applications and systems will provide the level of geospatial preparedness required to protect critical infrastructure, strategic assets, the economic base, and persons. (3) Geospatial technology and information have proven to be essential to enabling more informed decisionmaking, greater efficiency, increased accountability, and better management in all levels of government and the private sector. (4) Building spatial data once and then sharing it many times between all levels of government and the private sector increases the ability of information technology applications and systems to provide better services to the public in a cost- effective manner. (5) The use of international, national, and industry consensus standards to develop and deploy interoperable geospatial data and geospatial technologies assists the commercial geospatial industry to provide products that make it easier, faster, and less expensive for all levels of government and the private sector to share, integrate, and use geospatial data for decisionmaking. (6) Establishing a new Federal Government program to provide financial incentives to State, regional, local, and tribal governments will greatly accelerate adoption of international, national, and industry consensus standards. (7) Geospatial technologies and geospatial data can be essential tools for virtually all functions of government and business. (8) Geospatial preparedness in the United States is not adequate due to a variety of factors including inadequate geospatial data compatibility, insufficient geospatial data sharing, technology interoperability barriers, institutional and organizational resistance to new ways of doing business, lack of financial incentives to improved use of geospatial technologies, and inefficient geospatial data collection and sharing. (9) Interoperable geospatial technology and geospatial data capabilities are emerging and incentives are needed for full adoption and for collaborative use to meet community and national needs. (10) Geospatial technologies and geospatial data are maintained by all levels of government and the private sector. A comprehensive nationwide program is necessary to build and maintain a standards-based geospatial spatial data infrastructure and geographic information systems required to respond to increasing demands. (11) State, regional, local, and tribal governments, the private sector, and other non-government organizations are investing in geospatial technologies and geospatial data. Incentives are necessary to leverage these investments for more effective use to meet community and national needs. (12) Establishing the Office of Geospatial Management, administered by a Geospatial Information Officer, within the Department of Homeland Security will ensure the most effective and efficient management of programs and activities involving geospatial technologies and geospatial data. SEC. 3. DEFINITIONS. In this Act: (1) Geographic information systems software and hardware.-- The term ``geographic information systems software and hardware'' means computer software and hardware required to identify, depict, visualize, analyze, maintain, or otherwise utilize geospatial data. (2) Geospatial applications.--The term ``geospatial applications'' means computer software and systems that extend the capabilities of geographic information systems software and hardware to identify, depict, visualize, analyze, maintain, or otherwise utilize geospatial data. (3) Geospatial data.--The term ``geospatial data'' means information that identifies, depicts, or describes the geographic locations, boundaries, or characteristics of inhabitants and natural or constructed features on the Earth, including such information derived from, among other sources, socio-demographic analysis, economic analysis, land information records and land use information processing, statistical analysis, survey and observational methodologies, environmental analysis, critical infrastructure protection, satellites, remote sensing, airborne imagery collection, mapping, engineering, construction, global positioning systems, and surveying technologies and activities. (4) Geospatial preparedness.--The term ``geospatial preparedness'' means the level of overall capability and capacity necessary to enable all levels of government and the private sector to utilize geospatial data, geographic information systems software and hardware, and geospatial applications to perform essential emergency management functions, including detection, planning, mitigation, response, and recovery, in order to minimize loss of life and property from weapons of mass destruction, terrorist threats, major man- made accidents, and natural disasters. (5) National spatial data infrastructure.--The term ``National Spatial Data Infrastructure'' means the combination of the geographic information systems software and hardware, geospatial applications, geospatial data, standards, policies, programs, and human resources necessary to acquire, process, analyze, store, maintain, distribute, and otherwise utilize geospatial data as a strategic asset for the Nation. (6) Office of geospatial management.--The term ``Office of Geospatial Management'' means the administrative organization responsible for designing, managing, coordinating, and implementing comprehensive geospatial initiatives. (7) Standards.--The term ``standards'' means documented international, national, or industry consensus agreements containing technical specifications or other precise criteria to be used consistently as rules, guidelines, or definitions to ensure that materials, products, processes, or services are proper for their purposes. SEC. 4. HOMELAND SECURITY AND NATIONAL GEOSPATIAL PREPAREDNESS. The Secretary shall direct the Chief Information Officer to work, consistent with Office of Management and Budget Circular A-16, Executive Order 12906, and section 216 of the Electronic Government Act, with the Department of the Interior, the Department of Justice, the Federal Geographic Data Committee, the National Imagery and Mapping Agency, other appropriate Federal agencies, and members of the Steering Committee and Coordination Group of the Federal Geographic Data Committee, to use and enhance the National Spatial Data Infrastructure for homeland security purposes, by-- (1) developing a comprehensive national enterprise strategy, incorporating industry and government standards, for the coordinated acquisition, building, storage, maintenance, and use of Federal Government, non-Federal Government, and private sector geospatial data with, when feasible and appropriate, integrated and interoperable commercially-provided geographic information systems software and hardware, geospatial applications, geospatial data, and services in order to achieve an adequate level of national geospatial preparedness; (2) providing grants, technical assistance, and cooperative agreements to State, regional, local, and tribal government as well as non-profit organizations in order to increase geospatial preparedness by actions such as analyzing requirements, performing strategic planning, sharing geospatial data, developing agreements for sharing geospatial data, integrating geospatial data, developing standards, integrating systems, and acquiring, when feasible and appropriate, interoperable commercially-provided geographic information systems software and hardware, geospatial applications, geospatial data, and Global Positioning System equipment and procuring services in order to achieve an adequate level of national geospatial preparedness; (3) coordinating with, and assisting, the Federal Geographic Data Committee, the Office of Management and Budget, and the commercial geospatial industry to establish national standards for the development, acquisition, storage, maintenance, distribution, utilization, and application of geospatial data; (4) coordinating with, and assisting, the commercial geospatial industry to establish national standards for the development, distribution, and utilization of geographic information systems software and hardware and geospatial applications; and (5) utilizing, when feasible and appropriate, commercially- provided interoperable geographic information systems software and hardware, geospatial applications, geospatial data, and services to carry out the responsibilities, activities, and programs authorized by this section. SEC. 5. SECURITY POLICY AND GUIDELINES FOR GEOSPATIAL DATA. The Chief Information Officer of the Department of Homeland Security shall establish, within 180 days after the date of the enactment of this Act and consistent with overall homeland security goals of the Department of Homeland Security, security policy and guidelines for the acquisition, processing, and dissemination of geospatial data depicting critical infrastructure and strategic assets located in the United States. SEC. 6. OFFICE OF GEOSPATIAL MANAGEMENT AND GEOSPATIAL INFORMATION OFFICER. (a) In General.--The Secretary of Homeland Security shall establish the Office of Geospatial Management within the Office of the Chief Information Officer. The Office of Geospatial Management shall be administered by the Geospatial Information Officer under the direction of the Chief Information Officer. (b) Geospatial Information Officer.--The Geospatial Information Officer-- (1) shall be appointed by the Secretary from among individuals who are skilled in geographic information technology and systems management; and (2) shall be responsible for-- (A) designing, managing, coordinating, and implementing comprehensive geospatial initiatives; and (B) working with the Chief Information Officer to carry out section 4 and section 5. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. Such authorization is in addition to other authorizations of appropriations that are available for such purpose.

Geospatial Preparedness Act - Requires the Secretary of Homeland Security to direct the Chief Information Officer (CIO) of the Department of Homeland Security to work with the Departments of the Interior and Justice, the National Imagery and Mapping Agency, other appropriate Federal agencies, and members of the Federal Geographic Data Committee to use and enhance the National Spatial Data Infrastructure for homeland security purposes. Directs the CIO to establish security and policy guidelines for the acquisition, processing, and dissemination of geospatial data depicting critical infrastructure and strategic assets in the United States. Requires the: (1) Secretary to establish the Office of Geospatial Management within the Office of the CIO; and (2) Geospatial Manager to work with the CIO to design, manage, coordinate, and implement comprehensive geospatial initiatives.

To establish and maintain geospatial preparedness for the Nation with the National Spatial Data Infrastructure and integrated applications and systems required for homeland security, national defense, electronic government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Education and Employment Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Congressional defense committees.--The term ``congressional defense committees'' means-- (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (2) Qualified military spouse.--The term ``qualified military spouse'' means a spouse of a member of the Armed Forces of the United States who is serving on a period of extended active duty which includes the hiring date. For purposes of the preceding sentence, the term ``extended active duty'' means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period. SEC. 3. ELIGIBILITY OF SPOUSES OF MILITARY PERSONNEL FOR THE WORK OPPORTUNITY CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) either-- ``(i) a qualified military spouse (as defined in subsection (l)(1)), or ``(ii) subject to subsection (l)(2), an eligible teleworking military spouse.''. (b) Definitions and Rules Relating to Qualified Military Spouses.-- Section 51 of such Code is amended by adding at the end the following new subsection: ``(l) Definition of Qualified Military Spouse; Enhanced Credit for Eligible Teleworking Military Spouses.--For purposes of this section-- ``(1) Definition of qualified military spouse.--For purposes of subsection (d)(1)(J), the term `qualified military spouse' means any individual (other than an eligible teleworking military spouse) who is certified by the designated local agency as being a spouse (determined as of the hiring date) of a member of the Armed Forces of the United States who is serving on a period of extended active duty which includes the hiring date. For purposes of the preceding sentence, the term `extended active duty' means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period. ``(2) Enhanced credit for eligible teleworking military spouses.-- ``(A) In general.--Notwithstanding subsection (a), in the case of an employer with respect to whom an individual is an eligible teleworking military spouse by reason of employment with such employer described in subparagraph (B), the credit determined under this section-- ``(i) shall be allowable for any taxable year which includes any portion of the eligibility period with respect to the spouse, and ``(ii) shall, with respect to any such taxable year, be equal to 40 percent of the qualified wages paid by the employer with respect to such employment occurring during such portion of the eligibility period. ``(B) Eligible teleworking military spouse.--For purposes of subsection (d)(1)(J) and this paragraph, the term `eligible teleworking military spouse' means, with respect to any employer, an individual-- ``(i) who is certified by the designated local agency as being a spouse (determined as of the hiring date) of a member of a regular component of the Armed Forces of the United States, ``(ii) substantially all of whose employment with the employer is reasonably expected to consist of services performed at the principal residence (within the meaning of section 121) of the individual, and ``(iii) whose qualified wages (expressed as an annual amount) for services performed for the employer are reasonably expected to equal or exceed an amount equal to 150 percent of the median annual earnings for the United States (determined on the basis of the most recent occupational employment survey published by the Bureau of Labor Statistics before the calendar year in which the taxable year begins). ``(C) Eligibility period.--For purposes of this paragraph-- ``(i) In general.--The term `eligibility period' means, with respect to any individual who is an eligible teleworking military spouse, the period-- ``(I) beginning on the hiring date of the individual, and ``(II) except as provided in clause (ii), ending on the earlier of the last day of the employment described in subparagraph (B) or the last day of the taxable year in which occurs the date on which the individual's spouse ceases to be a member of a regular component of the Armed Forces of the United States. ``(ii) Failure to meet employment and wage requirements.--If the requirements of clauses (ii) and (iii) of subparagraph (B) are not met with respect to any individual for any taxable year-- ``(I) the individual shall cease to be an eligible teleworking military spouse with respect to the employer as of the beginning of the taxable year, and ``(II) the employer shall not treat the individual as an eligible teleworking military spouse for any subsequent taxable year. This clause shall not apply to any failure which is due to unforeseen circumstances or is beyond the control of the employer. ``(D) Qualified wages.--The term `qualified wages' has the meaning given such term by subsection (b)(1), except that the amount of wages which may be taken into account with respect to any eligible teleworking military spouse for any taxable year shall not exceed $12,000.''. (c) Effective Date.--The amendments made this section shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. SEC. 4. FEDERAL EMPLOYMENT PREFERENCES. (a) Eligibility of Military Spouses for Preference.--Section 2108(3) of title 5, United States Code, is amended-- (1) in subparagraph (F)(iii), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (G)(iii), by striking the semicolon at the end and inserting ``; and''; and (3) by inserting after subparagraph (G) the following new subparagraph: ``(H) the wife or husband of an individual serving on active duty or with orders to report for a period of active duty in excess of 90 days or for an indefinite period;''. (b) Eligibility for Additional Points Above Earned Rating on Competitive Service Examinations.--Section 3309(2) of such title is amended to read as follows: ``(2) a preference eligible under subparagraphs (A), (B), or (H) of section 2108(3) of this title--5 points.''. SEC. 5. TRANSFERABILITY OF ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. (a) Transferability as Incentive To Reenlist for Third Term of Service.--Section 3020 of title 38, United States Code, is amended-- (1) in the heading, by striking ``: members of the Armed Forces with critical military skills'' and inserting ``: members of the Armed Forces who reenlist for a third term''; (2) in subsection (a), by striking ``with critical military skills'' and inserting ``who have completed two terms of service and reenlisted for a third term,''; (3) in subsection (b), by striking ``section--'' and all that follows through the period at the end and inserting ``section, has completed two terms of service in the Armed Forces and enters into an agreement for a third term.''; (4) in subsection (g)-- (A) in paragraph (1), by striking ``six years of service'' and inserting ``two terms of service''; and (B) in paragraph (2), by striking ``10 years of service'' and inserting ``two terms of service''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by amending the item relating to section 3020 to read as follows: ``3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces who reenlist for a third term.''. SEC. 6. STUDY ON DEVELOPMENT OF EDUCATION GRANT PROGRAM FOR TRAINING MILITARY SPOUSES IN HEALTH CARE AND EARLY CHILDHOOD DEVELOPMENT. (a) Study.--The Deputy Under Secretary of Defense for Military Community and Family Policy, in conjunction with the Assistant Secretary of Defense for Health Affairs, shall conduct a study on options for developing an education grant program to train military spouses in the health care and early childhood development careers, including the likelihood that such training could significantly increase private employment opportunities in the vicinity of active duty military installations. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Deputy Under Secretary of Defense for Military Community and Family Policy and the Assistant Secretary of Defense for Health Affairs, shall submit to the congressional defense committees a report on the study conducted under subsection (a). SEC. 7. STUDY ON CREATING WORK OPPORTUNITIES FOR UNDERGRADUATE AND GRADUATE LEVEL EDUCATED MILITARY SPOUSES. (a) Study.--The Under Secretary of Defense for Personnel and Readiness, in conjunction with the Deputy Under Secretary of Defense for Military Community and Family Policy, shall conduct a study of the challenges that face qualified military spouses who possess an undergraduate or graduate level education in finding and maintaining employment during the terms of service of their active duty spouses. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Under Secretary of Defense for Personnel and Readiness, shall submit to the congressional committees a report on the study conducted under subsection (a). (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) A description of the major challenges that face qualified military spouses who posses an undergraduate or graduate level education in finding and maintaining employment during the terms of service of their spouses. (B) A listing of significant incentive programs the Department of Defense could utilize to create incentives for the hiring of undergraduate and graduate level qualified military spouses, including those the Department can implement independently and those that require statutory changes. (C) A description of the resources available to qualified military spouses with graduate and undergraduate educations for assistance in finding and maintaining employment. (D) An examination of the retention implications of insufficient employment opportunities for qualified military spouses with undergraduate or graduate level educations. (E) A description of current programs to assist qualified military spouses with undergraduate and graduate level educations in securing telecommuting and home office employment.

Military Spouse Education and Employment Act of 2008 - Amends the Internal Revenue Code to include spouses of members of the Armed Forces on extended active duty (more than 90 days or for an indefinite period) and eligible teleworking military spouses (teleworking spouses whose wages are expected to equal or exceed 150% of U.S. median annual earnings) as members of a targeted group for purposes of the work opportunity tax credit. Includes the wife or husband of a member serving on extended active duty within the federal veterans' employment preference. Allows members who have completed two terms of service and have reenlisted for a third term to transfer a portion of their entitlement to basic educational assistance under the Montgomery GI Bill. (Current law allows such transfer for members with critical military skills.) Requires studies on: (1) the development of an education grant program for training military spouses in health care and early childhood development careers; and (2) creating work opportunities for undergraduate- and graduate-educated military spouses during the active-duty service of their spouses.

A bill to provide enhanced education and employment opportunities for military spouses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Economic Espionage Accountability Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The United States faces persistent cyber espionage of intellectual property from foreign governments that threatens United States economic and national security interests, results in an unfair competitive advantage for foreign companies, and is a major contributor to the loss of manufacturing jobs in the United States. (2) Cyber espionage of intellectual property by foreign actors is one of the most pressing issues facing innovators and entrepreneurs in the United States today. (3) The National Counterintelligence Executive stated in its October 2011 biennial economic espionage report that ``Chinese actors are the world's most active and persistent perpetrators of economic espionage'' and that ``United States private sector firms and cybersecurity specialists have reported an onslaught of computer network intrusions that have originated in China''. (4) The National Counterintelligence Executive also stated that ``Russia's intelligence services are conducting a range of activities to collect economic information and technology from U.S. targets''. (5) The People's Republic of China, the Russian Federation, and other countries threaten the privacy of United States citizens by accessing and exploiting personally identifiable information through cyber economic espionage. (6) The People's Republic of China, the Russian Federation, and other countries responsible for such cyber economic espionage are members of the World Trade Organization (WTO) and have agreed to comply with the global system of rules and obligations governing the international commerce and trade among member states. (7) The United States has recognized the membership of the People's Republic of China, the Russian Federation, and other countries into the WTO by granting them Permanent Normal Trade Relations (PNTR) status under United States law. (8) Cyber economic espionage undermines the cooperative relationships between the United States and countries tolerating or encouraging such activities. (b) Sense of Congress.--It is the sense of Congress that-- (1) cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People's Republic of China, including during all meetings of the U.S.- China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; (2) the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations, the Organisation for Economic Cooperation and Development (OECD), and summits such as the G-8 and G-20 summits, to address the harm to the international economic order by cyber economic espionage; and (3) the Department of Justice should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. SEC. 3. IDENTIFICATION OF PERSONS RESPONSIBLE FOR CYBER ESPIONAGE OF INTELLECTUAL PROPERTY OF UNITED STATES PERSONS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of a foreign government or persons acting on behalf of a foreign government that the President determines, based on credible information-- (1) are responsible for cyber espionage of intellectual property of United States persons; or (2) acted as an agent of or on behalf of a person in a matter relating to an activity described in paragraph (1). (b) Updates.--The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Form.-- (1) In general.--The list required by subsection (a) shall be submitted in unclassified form. (2) Exception.--The name of a person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days prior to submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Public availability.--The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (d) Removal From List.--A person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not less than 15 days prior to the removal of the person from the list that credible information exists that the person did not engage in the activity for which the person was added to the list. (e) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. (2) Form.--The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal.--If the President removes from the list required by subsection (a) a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. The President may submit such information in classified form if the President determines that such is necessary for the national security interests of the United States. (f) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is on the list required by section 3(a). (b) Current Visas Revoked.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) of this section. (c) Waiver for National Security Interests.-- (1) In general.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if-- (A) the Secretary determines that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for certain waivers.--Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (d) Regulatory Authority.--The Secretary of State shall prescribe such regulations as are necessary to carry out this section. SEC. 5. FINANCIAL MEASURES. (a) Freezing of Assets.-- (1) In general.--The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a person who is on the list required by section 3(a) of this Act if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exception.--Paragraph (1) shall not apply to persons included on the classified annex under section 3(c)(2) if the President determines that such an exception is vital for the national security interests of the United States. (b) Waiver for National Security Interests.--The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (c) Enforcement.-- (1) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Requirements for financial institutions.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a person who is on the list required by section 3(a) if such property and interests in property are in the United States to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (d) Specially Designated Nationals List.--The Secretary of the Treasury shall include on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury each person who is on the list required by section 3(a) of this Act. (e) Regulatory Authority.--The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including-- (A) the number of persons added to or removed from the list required by section 3(a) during the year preceding the report, the dates on which such persons have been added or removed, and the reasons for adding or removing them; and (B) if few or no such persons have been added to that list during that year, the reasons for not adding more such persons to the list; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. SEC. 7. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (3) Financial institution.--The term ``financial institution'' has the meaning given that term in section 5312 of title 31, United States Code. (4) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Cyber Economic Espionage Accountability Act - Expresses the sense of Congress that: cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People's Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations (U.N.), the Organisation for Economic Cooperation and Development (OECD), and summits including the G-8 and G-20 summits, to address the harm to the international economic order by cyber economic espionage; and the Department of Justice (DOJ) should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. Directs the President to submit to Congress, publish, and update a list of foreign government officials or persons acting on behalf of a foreign government that the President determines, based on credible information, are responsible for cyber espionage of intellectual property of U.S. persons or have acted as an agent of, or on behalf of, a person in a matter relating to such cyber espionage activity. Defines a "U.S. person" as: (1) a U.S. citizen or an alien lawfully admitted for permanent residence to the United States; or (2) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. Requires the list to be publicly available in unclassified form, but permits persons to be listed in a classified annex if the President determines it is vital for U.S. national security interests. Makes aliens appearing on the list ineligible to: (1) receive a visa to enter the United States, and (2) be admitted to the United States. Requires the Secretary of State to revoke the visa or other documentation of any alien who would be ineligible under such standard. Authorizes the Secretary to waive such ineligibility to comply with international obligations or for national security purposes. Directs the President to exercise powers granted by the International Emergency Economic Powers Act (except with respect to the national emergency declaration requirements for unusual and extraordinary threats) to freeze and prohibit all transactions in all property and property interests of a listed person if such property and interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Exempts persons included on the classified annex if the President determines that such an exception is vital for U.S. national security interests. Permits waivers by the Secretary of the Treasury for U.S. national security interests. Sets forth penalties under the International Emergency Economic Powers Act. Directs the Treasury Secretary to prescribe regulations requiring financial institutions to certify that, to the best of their knowledge, they have frozen all listed persons' assets within their possession or control (if such property and interests are in the United States) that are required to be frozen. Requires persons listed by the President under this Act to be included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control.

Cyber Economic Espionage Accountability Act

SECTION 1. PUBLIC PARTICIPATION IN IMPLEMENTING WTO DISPUTE SETTLEMENTS. (a) In General.--Section 306(b)(2) of the Trade Act of 1974 (19 U.S.C. 2416(b)(2)) is amended-- (1) by striking ``If the'' and inserting ``(A) Failure to implement recommendation.--If the''; and (2) by adding at the end the following: ``(B) Comment on panel and appellate body reports.--In any case in which a panel or Appellate Body report is adopted in favor of the United States pursuant to the dispute settlement proceedings of the World Trade Organization, the Trade Representative shall within 90 days of the adoption of the panel report (or, if the panel report is appealed, within 90 days of the adoption of the Appellate Body report)-- ``(i) make publicly available information on-- ``(I) the report, ``(II) the plans of the foreign country against which the report is issued to implement the recommendations contained in the report, and ``(III) the time by which the foreign country has agreed to implement the recommendations; ``(ii) seek advice from the appropriate committee pursuant to section 135; and ``(iii) seek advice from the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and, where appropriate, from the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. ``(C) Comments when reasonable period beyond 220 days.--If, pursuant to paragraph 3 of article 21 of the Understanding On Rules And Procedures Governing the Settlement of Disputes of the World Trade Organization, it is agreed that a foreign country described in subparagraph (B) shall have a time period of more than 220 days to implement the recommendations of a report described in subparagraph (B), the Trade Representative shall 90 days before the expiration of the agreed time period-- ``(i) provide notice and give interested parties a 30-day period to comment regarding-- ``(I) the progress of the foreign country in implementing the recommendations; ``(II) any action (including the implementation of any retaliation list) that should be taken if the recommendations are not being implemented or if the foreign country's plan for implementing the recommendations is inconsistent with the report; and ``(III) any other information that may be relevant to the Trade Representative in monitoring the foreign country's compliance with the recommendations; ``(ii) submit a report to Congress regarding the progress made by the foreign country in implementing the recommendations and any action the Trade Representative is considering if the recommendations are not implemented or if the plan for implementing the recommendations is inconsistent with the report; and ``(iii) seek advice from the appropriate committee pursuant to section 135. ``(D) Comments after agreed time period expires.-- In the case of a panel or Appellate Body report described in subparagraph (B), the Trade Representative shall, 60 days after the expiration of the period of time agreed to for implementation pursuant to article 21 of the Understanding On Rules And Procedures Governing the Settlement of Disputes of the World Trade Organization-- ``(i) provide notice and give interested parties a 40-day period to comment regarding implementation by the foreign country of the recommendations contained in the report; and ``(ii) 20 days after the close of the comment period described in clause (i), report to Congress regarding-- ``(I) the foreign country's implementation of the recommendations; and ``(II) if the foreign country is not implementing the recommendations, the actions the Trade Representative intends to take under paragraph (1).''. SEC. 2. UNITED STATES OBJECTIVES WITH RESPECT TO WTO DISPUTE SETTLEMENTS. (a) In General.--In any multilateral review of the Understanding of Rules and Procedures Covering the Settlement of Disputes, the United States Trade Representative shall seek the adoption of procedures that would require any WTO member against whom a panel or Appellate Body has issued a report-- (1) to submit to all interested parties the member's plans for implementing the recommendations contained in the panel report (or Appellate Body report, whichever is applicable) not later than 6 months before the end of the reasonable period allowed for the implementation; and (2) to consult with all interested parties regarding the member's plans for implementing the recommendations so that any request for modification of the recommendations can be considered before implementation and before the end of the reasonable period. (b) Definitions.--In this section: (1) Reasonable period.--The term ``reasonable period'' has the meaning the term has when used in the Understanding of Rules and Procedures Covering the Settlement of Disputes. (2) Understanding of rules and procedures covering the settlement of disputes.--The term ``Understanding of Rules and Procedures Covering the Settlement of Disputes'' means the Understanding of Rules and Procedures Covering the Settlement of Disputes adopted as part of the WTO Agreement. (3) Uruguay round agreements.--The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)). (4) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (5) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. (6) WTO and wto member.--The terms ``WTO'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).

Amends the Trade Act of 1974 with respect to any dispute settlement panel or Appellate Body report that is adopted in favor of the United States pursuant to the Understanding of Rules and Procedures Covering the Settlement of Disputes of the World Trade Organization (WTO) with regard to the enforcement of U.S. rights under a trade agreement with a foreign country. Directs the United States Trade Representative (USTR), within 90 days of the adoption of the panel report, or if appealed, within 90 days of the adoption of the Appellate Body report, to: (1) make public information contained in such report; and (2) seek advice from the appropriate WTO committee and from specified congressional committees. Requires the USTR, if it is agreed pursuant to the dispute settlement proceedings of the WTO that a foreign country shall have more than 220 days to implement the report's recommendations to: (1) provide notice (90 days before expiration of such time period) and give interested parties a 30-day period to comment on the report; (2) report to Congress regarding progress made by the foreign country in implementing the recommendations, and any action the USTR is considering if such recommendations are not implemented or if the implementation plan is inconsistent with the report; and (3) seek advice from the appropriate WTO committee. Sets forth comment procedures after time period expires. Directs the USTR in any multilateral review of the dispute settlement procedures of the WTO, to seek adoption of procedures that would require a WTO member against whom a panel or Appellate Body has issued a report to: (1) submit to all interested parties the member's plans for implementing report recommendations not later than six months before the end of the reasonable period allowed for their implementation; and (2) consult with such parties regarding member's plans for implementing such recommendations so that any request for their modification can be considered before implementation and before the end of the reasonable period.

A bill to amend the Trade Act of 1974 to ensure that United States industry is consulted with respect to all aspects of the WTO dispute settlement process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Interstate Driver Equity Act of 2002''. SEC. 2. REGULATION OF INTERSTATE PRE-ARRANGED GROUND TRANSPORTATION SERVICE. Section 14501 of title 49, United States Code, is amended by adding at the end the following: ``(d) Pre-Arranged Ground Transportation.-- ``(1) In general.--No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service if the motor carrier providing such service-- ``(A) meets all applicable registration requirements under chapter 139 for the interstate transportation of passengers; ``(B) meets all applicable vehicle and intrastate passenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and ``(C) is providing such service pursuant to a contract for-- ``(i) transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or ``(ii) transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State. ``(2) Intermediate stop defined.--In this section, the term `intermediate stop', with respect to transportation by a motor carrier, means a pause in the transportation in order for one or more passengers to engage in personal or business activity, but only if the driver providing the transportation to such passenger or passengers does not, before resuming the transportation of such passenger (or at least 1 of such passengers), provide transportation to any other person not included among the passengers being transported when the pause began. ``(3) Matters not covered.--Nothing in this subsection shall be construed-- ``(A) as subjecting taxicab service to regulation under chapter 135 or section 31138; ``(B) as prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; and ``(C) as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the State in which the operator is domiciled, by the State or political subdivision by which the operator is licensed to provide such service, or by the motor carrier providing such service, as a condition of providing such service.''. SEC. 3. DEFINITIONS. (a) In General.--Section 13102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (17), (18), (19), (20), (21), and (22) as paragraphs (18), (19), (21), (22), (23), and (24), respectively; (2) by inserting after paragraph (16) the following: ``(17) Pre-arranged ground transportation service.--The term `pre-arranged ground transportation service' means transportation for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including the driver).''; and (3) by inserting after paragraph (19) (as so redesignated) the following: ``(20) Taxicab service.--The term `taxicab service' means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that-- ``(A) is licensed as a taxicab by a State or a local jurisdiction; or ``(B) is offered by a person that-- ``(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and ``(ii) does not primarily provide transportation to or from airports.''. (b) Conforming Amendments.-- (1) Motor carrier transportation.--Section 13506(a)(2) of title 49, United States Code, is amended to read as follows: ``(2) a motor vehicle providing taxicab service;''. (2) Minimum financial responsibility.--Section 31138(e)(2) of such title is amended to read as follows: ``(2) providing taxicab service (as defined in section 13102);''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Real Interstate Driver Equity Act of 2001 - Amends Federal transportation law to prohibit a State or political subdivision or an interstate agency of two or more States from enacting or enforcing any law, rule, or regulation requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service, if the motor carrier providing such service: (1) meets all applicable registration and vehicle and intrastate passenger licensing requirements; and (2) is providing such service, including intermediate stops in another State without taking on new passengers, pursuant to a contract for interstate and intrastate passenger travel.Declares that nothing in this Act shall be construed as: (1) subjecting taxicab service to Federal regulation (including certain Federal minimum financial responsibility requirements); (2) prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; or (3) restricting the right of a State to require, in a nondiscriminatory manner, an individual operating a vehicle providing prearranged ground transportation service originating in the State to have submitted to pre-licensing drug testing or a criminal background investigation in the operator's domicile State, by the State in which the operator is licensed to provide the service, or by the motor carrier providing it, as a condition of providing such service.

To amend title 49, United States Code, to prohibit States from requiring a license or fee on account of the fact that a motor vehicle is providing interstate pre-arranged ground transportation service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Water Resources Management Act of 2005''. SEC. 2. SUPPORT OF STATE, TRIBAL, INTERSTATE WATER RESOURCES ORGANIZATIONS, AND LOCAL GOVERNMENT. The Secretary of the Army shall include as a primary mission of the Army Corps of Engineers the provision of technical services and assistance to support planning, conservation, and responsible integrated management of water resources by State, tribal, interstate water resources organizations, and local governments. SEC. 3. TECHNICAL ASSISTANCE. Section 22 of Water Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended-- (1) in subsection (a) by striking ``The Secretary'' and inserting the following: ``(a) Federal State Cooperation.-- ``(1) Comprehensive plans.--The Secretary''; (2) by inserting after the last sentence in subsection (a) the following: ``(2) Technical assistance.-- ``(A) In general.--At the request of a governmental agency or non-Federal interest, the Secretary may provide, at Federal expense, technical assistance to such agency or non-Federal interest in managing water resources. ``(B) Types of assistance.--Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses.''. (3) in subsection (b)(1) by striking ``this section'' each place it appears and inserting ``subsection (a)(1)''; (4) in subsection (b)(2) by striking ``Up to \1/2\ of the'' and inserting ``The''; (5) in subsection (c)-- (A) by striking ``(c) There is'' and inserting the following: ``(c) Authorization of Appropriations.-- ``(1) Federal and state cooperation.--There is''; (B) by striking `` except that not more than $500,000 shall be expended in any one year in any one State''; (C) by striking ``the provisions of this section'' and inserting ``subsection (a)(1);''; and (D) by inserting at the end the following: ``(2) Technical assistance.--There is authorized to be appropriated $10,000,000 annually to carry out subsection (a)(2), of which not more than $2,000,000 annually may be used by the Secretary to enter into cooperative agreements with nonprofit organizations and State agencies to provide assistance to rural and small communities.''; and (6) by adding at the end the following: ``(e) Annual Submission.--The Secretary shall provide a listing of the individual activities proposed for funding under subsection (a)(1), based on performance criteria developed by the Secretary.''. SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS. (a) In General.--Section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a; 114 Stat. 2587-2588; 100 Stat. 4164) is amended-- (1) by striking paragraph (1) of subsection (f) and inserting the following: ``(1) Non-federal share.--The non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000, shall be 25 percent.''; and (2) by striking subsection (g). (b) Revision of Partnership Agreement.--The Secretary of the Army shall revise the partnership agreement for any assessment being carried out under section 729 of the Water Resources Development Act of 1986 to take into account the change in non-Federal participation in the assessment as a result of the amendments made by subsection (a). SEC. 5. CREDIT FOR MATERIALS AND IN-KIND SERVICES. (a) In General.--The Secretary of the Army is authorized to allow a non-Federal interest credit toward its share of the costs of any authorized water resources development project or study for the cost of materials and in-kind services, including planning (including data collection), design, management, and construction services, provided by the non-Federal interest for implementation of the project or study. The credit shall include the cost of materials and services provided prior to signing a partnership or feasibility cost sharing agreement for the project or study, including efforts on constructed elements incorporated into the project, and materials and services provided after the partnership or feasibility cost sharing agreement, subject to the limitations in subsection (b). (b) Limitations.--Credit authorized under subsection (a)-- (1) shall not exceed the non-Federal share of project costs; (2) shall not alter any other requirements that require a non-Federal interest to provide lands, easements, rights-of- way, and dredged material disposal areas for the project; (3) shall not exceed the actual and reasonable costs of the materials or in-kind services provided by the non-Federal interest, as determined by the Secretary; and (4) shall be allowed unless the Secretary has determined that such materials or services, including activities on previously constructed elements, are not compatible with and necessary for the project. SEC. 6. IMPROVING WATER MANAGEMENT AT CORPS OF ENGINEERS RESERVOIRS. (a) Measures to Improve Water Management at Corps of Engineers Reservoirs.--In addition to ongoing efforts to assess and address the water resources needs of the Nation, the Secretary of the Army shall undertake, as part of the operation and maintenance of all Corps of Engineers reservoirs, measures to more effectively and efficiently meet the current water resources needs of the areas impacted by the reservoirs. Such measures shall be undertaken in cooperation and coordination with State, tribal, and local governments and their ongoing initiatives and may include the following: (1) reallocation of storage at such reservoirs; (2) review of operational plans and implementation of changes to improve performance of such reservoirs in meeting current needs and priorities; (3) improvements to data collection systems and forecast models that enhance operational performance of such reservoirs; and (4) sediment studies and implementation of sediment management or removal measures that improve project operations. (b) Costs of Water Supply Storage.--Storage charges for future contracts and contract renewals for water supply storage at existing Corps of Engineers reservoirs shall not exceed the net change in receipts or outlays, or both to the Treasury due to the reallocation of storage at such reservoirs. SEC. 7. ACCESS TO WATER RESOURCES DATA. (a) General.--The Secretary of the Army shall undertake a program to provide public access to water resources and related water quality data currently within the custody of the Corps of Engineers. (b) Data.--The date to which subsection (a) applies shall include, but not be limited to, data generated in water resources project development and regulation under section 404 of the Federal Water Pollution Act (33 U.S.C. 1344), and the Secretary, in providing access to data under subsection (a), shall employ appropriately geographic information system technology and linkages to water resources models and analytical techniques. (c) Partnerships.--To the maximum extent possible, the Secretary shall integrate State, tribal, and local governments into activities that carry out this section. (d) Appropriations.--There is authorized to be appropriated $5,000,000 per fiscal year to carry out this section. SEC. 8. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS. (a) Partnership Agreements.--Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) is amended-- (1) in subsection (a)-- (A) by striking ``under the provisions'' and all that follows through ``under any other'' and inserting ``under any''; (B) by inserting ``partnership'' after ``written''; (C) by striking ``Secretary of the Army to furnish its required cooperation for'' and inserting ``district engineer for the district of the Corps of Engineers in which the project will be carried out under which each party agrees to carry out its responsibilities and requirements for implementation or construction of''; (D) by striking ``if the Secretary'' and inserting ``if the Secretary of the Army''; and (E) by inserting after ``$25,000.'' the following: ``Such agreement may include a provision for liquidated damages in the event of a failure of one or more parties to perform.''; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: ``(e) Limitation.--Nothing in subsection (a) shall be construed as limiting the authority of the Secretary to ensure that a partnership agreement meets all requirements of law and policies of the Secretary in effect on the date of entry into the partnership agreement.''. (b) Local Cooperation.--Section 912(b) of the Water Resources Development Act of 1986 (42 U.S.C. 1962d-5b; 101 Stat. 4190) is amended-- (1) in paragraph (2)-- (A) by striking ``shall'' the first place it appears and inserting ``may''; and (B) by striking the last sentence; and (2) in paragraph (4)-- (A) by inserting after ``injunction, for'' the following: ``payment of liquidated damages under a partnership agreement entered into by a district engineer of the Corps of Engineers or, for''; (B) by striking ``to collect a civil penalty imposed under this section,''; and (C) by striking ``any civil penalty imposed under this section,'' and inserting ``any liquidated damages,''. (c) Applicability.--The amendments made by subsections (a) and (b) only apply to partnership agreements entered into after the date of enactment of this Act; except that at the request of a non-Federal interest for a project the district engineer for the district of the Corps of Engineers in which the project is located may amend a project partnership agreement entered into on or before such date and under which construction on the project has not been initiated as of such date of enactment for the purpose of incorporating such amendments. (d) References.-- (1) To cooperation agreements.--Any reference in a law, regulation, document, or other paper of the United States to a cooperation agreement or project cooperation agreement shall be treated to be a reference to a partnership agreement or a project partnership agreement, respectively. (2) To partnership agreements.--Any reference to a partnership agreement or project partnership agreement in this Act (other than this section) shall be treated as a reference to a cooperation agreement or a project cooperation agreement, respectively. SEC. 9. ENVIRONMENTAL INFRASTRUCTURE. Section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835-4836; 110 Stat. 3957; 113 Stat. 334) is amended-- (1) in subsection (b)-- (A) by striking ``(b) Non-Federal Share.--The'' and inserting the following: ``(b) Non-Federal Share.-- ``(1) In general.--The''; and (B) by inserting after paragraph (1) (as so designated by subparagraph (A)) the following: ``(2) In-kind credits.--The non-Federal share may be provided in the form of materials and in-kind services, including design, construction, and management services, that the Secretary has determined are compatible with and necessary for the project.''. (2) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following: ``(9) $40,000,000 for the project described in subsection (c)(18).''. SEC. 10. TEXAS ENVIRONMENTAL INFRASTRUCTURE PROGRAM. (a) Establishment of Program.--The Secretary of the Army shall establish a program to provide environmental assistance to non-Federal interests in the State of Texas. (b) Form of Assistance.--Assistance under this section may be in the form of planning, design, and construction assistance for water- related environmental infrastructure and resource protection and development projects in the State of Texas, including projects for water supply, storage, treatment and related facilities, water quality protection, wastewater treatment and related facilities, environmental restoration, and surface water resource protection and development as identified by the Texas Water Development Board. (c) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned. (d) Partnership Agreements.--Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest. (e) Cost Sharing.-- (1) In general.--The Federal share of project costs under each agreement entered into under this section shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. (2) In-kind services.--The non-Federal share may be provided in the form of materials and in-kind services, including planning, design, construction, and management services, that the Secretary has determined are compatible with and necessary for the project. (3) Credit for design work.--The non-Federal interest shall receive credit for the reasonable costs of planning, design, construction work completed by the non-Federal interest before entering into a partnership agreement with the Secretary. (4) Lands, easements, rights-of-way and relocations.--The non-Federal interest shall receive credit for lands, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs. (5) Operation and maintenance.--The non-Federal share of operation and maintenance costs for projects constructed under an agreement entered into under this section shall be 100 percent. (f) Applicability of Other Federal and State Laws.--Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $40,000,000.

Integrated Water Resources Management Act of 2005 - Directs the Secretary of the Army to include as a primary mission of the Army Corps of Engineers the provision of technical services and assistance to support planning, conservation, and responsible integrated management of water resources by State, tribal, interstate water resources organizations, and local governments. Amends the Water Resources Development Act (WRDA) of 1974 to authorize: (1) the Secretary, at the request of a governmental agency or non-Federal interest, to provide technical assistance in managing water resources; and (2) the non-Federal contribution for preparation of a plan subject to the cost-sharing program to be made by the provision of services, materials, supplies, or other in-kind services. Amends the WRDA of 1986 to set the non-Federal share of the costs of a watershed and river basin assessment on or after December 11, 2000, at 25 percent. Authorizes the Secretary to allow a non-Federal interest credit toward its share of the costs for certain projects or studies. Directs the Secretary to undertake: (1) measures to more effectively meet the current water resources needs of the areas impacted by Corps reservoirs; and (2) a program to provide public access to water resources and related water quality data. Modifies provisions under the Flood Control Act of 1970 and the WRDA of 1986 regarding partnership agreements for water resources projects. Directs the Secretary to establish a program to provide environmental assistance to non-Federal interests in Texas.

To provide the Secretary of the Army with additional and enhanced authority with respect to water resources projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Merger Enforcement Improvement Act''. SEC. 2. PREMERGER NOTIFICATION FILING FEES. Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``$45,000'' and inserting ``$30,000''; (ii) by striking ``$100,000,000'' and inserting ``$161,500,000''; (iii) by striking ``2004'' and inserting ``2018''; and (iv) by striking ``2003'' and inserting ``2017''; (B) in paragraph (2)-- (i) by striking ``$125,000'' and inserting ``$100,000''; (ii) by striking ``$100,000,000'' and inserting ``$161,500,000''; (iii) by striking ``but less'' and inserting ``but is less''; and (iv) by striking ``and'' at the end; (C) in paragraph (3)-- (i) by striking ``$280,000'' and inserting ``$250,000''; and (ii) by striking the period at the end and inserting ``but is less than $1,000,000,000 (as so adjusted and published);''; and (D) by adding at the end the following: ``(4) $400,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $1,000,000,000 (as so adjusted and published) but is less than $2,000,000,000 (as so adjusted and published); ``(5) $800,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $2,000,000,000 (as so adjusted and published) but is less than $5,000,000,000 (as so adjusted and published); and ``(6) $2,250,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $5,000,000,000 (as so adjusted and published).''; and (2) by adding at the end the following: ``(c)(1) For each fiscal year commencing after September 30, 2018, the filing fees in this section shall be increased as of October 1 each year by an amount equal to the percentage increase, if any, in the Producer Price Index, as determined by the Department of Commerce or its successor, for the year then ended over the level so established for the year ending September 30, 2017. ``(2) As soon as practicable, but not later than January 31 of each year, the Federal Trade Commission shall publish the adjusted amounts required by this section. ``(3) The Federal Trade Commission shall not adjust amounts required by this section if the percentage increase described in paragraph (1) is less than 1 percent. ``(4) An amount adjusted under this section shall be rounded to the nearest multiple of $5,000.''. SEC. 3. POST-SETTLEMENT DATA. Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding at the end the following: ``(l)(1) Each person who enters into an agreement with the Federal Trade Commission or the United States to resolve a proceeding brought under the antitrust laws or under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) regarding an acquisition with respect to which notification is required under this section shall, on an annual basis during the 5-year period beginning on the date on which the agreement is entered into, submit to the Federal Trade Commission or the Assistant Attorney General, as applicable, information sufficient for the Federal Trade Commission or the United States, as applicable, to assess the competitive impact of the acquisition, including-- ``(A) the pricing, availability, and quality of any product or service, or inputs thereto, in any market, that was covered by the agreement; ``(B) the source, and the resulting magnitude and extent, of any cost-saving efficiencies or any consumer benefits that were claimed as a benefit of the acquisition and the extent to which any cost savings were passed on to consumers; and ``(C) the effectiveness of any divestitures or any conditions placed on the acquisition in preventing or mitigating harm to competition. ``(2) The requirement to provide the information described in paragraph (1) shall be included in an agreement described in that paragraph. ``(3) The Federal Trade Commission, with the concurrence of the Assistant Attorney General, by rule in accordance with section 553 of title 5, United States Code, and consistent with the purposes of this section-- ``(A) shall require that the information described in paragraph (1) be in such form and contain such documentary material and information relevant to a proposed acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General to assess the competitive impact of the acquisition under paragraph (1); and ``(B) may-- ``(i) define the terms used in this subsection; ``(ii) exempt, from the requirements of this section, information not relevant in assessing the competitive impact of the acquisition under paragraph (1); and ``(iii) prescribe such other rules as may be necessary and appropriate to carry out the purposes of this section.''. SEC. 4. FEDERAL TRADE COMMISSION STUDY. Not later than 2 years after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Securities and Exchange Commission, shall conduct and publish a study, using any compulsory process necessary, relying on public data and information if available and sufficient, and incorporating public comment on-- (1) the extent to which an institutional investor or related institutional investors have ownership or control interests in competitors in moderately concentrated or concentrated markets; (2) the economic impacts of such overlapping ownership or control; and (3) the mechanisms by which an institutional investor could affect competition among the companies in which it invests and whether such mechanisms are prevalent. SEC. 5. GAO STUDIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study to assess the success of merger remedies required by the Department of Justice or the Federal Trade Commission in consent decrees entered into since 6 years prior to the date of enactment of this Act, including the impact on maintaining competition, a comparison of structural and conduct remedies, and the viability of divested assets; and (2) conduct a study on the impact of mergers and acquisitions on wages, employment, innovation, and new business formation. (b) Update.--The Comptroller General of the United States shall-- (1) update the study under paragraph (1) 3 years and 6 years after the date of enactment of this Act based on the information provided under section 7A(l) of the Clayton Act, as added by section 3 of this Act; and (2) identify specific remedies or alleged merger benefits that require additional information or research. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for fiscal year 2018-- (1) $180,606,000 for the Antitrust Division of the Department of Justice; and (2) $342,000,000 for the Federal Trade Commission.

Merger Enforcement Improvement Act This bill modifies antitrust enforcement requirements regarding mergers (acquisitions by one corporation of the voting securities or assets of another). Specifically, the bill: adjusts premerger notification filing fees; requires certain filers to report to the Federal Trade Commission (FTC) or to the relevant Assistant Attorney General on information that allows the government to assess the competitive impact of a merger; requires the FTC to study overlapping ownership or control by investors in certain markets; and requires the Government Accountability Office to assess the success of certain merger remedies and the impact of mergers and acquisitions on wages, employment, innovation, and new business formation.

Merger Enforcement Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Spectrum Inventory Act''. SEC. 2. SPECTRUM INVENTORY. Part B of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following: ``SEC. 119. SPECTRUM INVENTORY. ``(a) Radio Spectrum Inventory.--In order to promote the efficient use of the electromagnetic spectrum, the NTIA and the Commission shall coordinate and carry out each of the following activities not later than 1 year after the date of enactment of this section: ``(1) Except as provided in subsection (e), create an inventory of each radio spectrum band of frequencies listed in the United States Table of Frequency Allocations, from 225 megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz unless the NTIA and the Commission determine that the burden of expanding the inventory outweighs the benefit, that includes-- ``(A) the radio services authorized to operate in each band of frequencies; ``(B) the identity of each Federal or non-Federal user within each such radio service authorized to operate in each band of frequencies; ``(C) the activities, capabilities, functions, or missions (including whether such activities, capabilities, functions, or missions are space-based, air-based, or ground-based) supported by the transmitters, end-user terminals or receivers, or other radio frequency devices authorized to operate in each band of frequencies; ``(D) the total amount of spectrum, by band of frequencies, assigned or licensed to each Federal or non-Federal user (in percentage terms and in sum) and the geographic areas covered by their respective assignments or licenses; ``(E) the approximate number of transmitters, end- user terminals or receivers, or other radio frequency devices authorized to operate, as appropriate to characterize the extent of use of each radio service in each band of frequencies; ``(F) an approximation of the extent to which each Federal or non-Federal user is using, by geography, each band of frequencies, such as the amount and percentage of time of use, number of end users, or other measures as appropriate to the particular band and radio service; and ``(G) to the greatest extent possible-- ``(i) contour maps or other information that illustrate the coverage area, receiver performance, and other parameters relevant to an assessment of the availability of spectrum in each band; ``(ii) for each band or range of frequencies, the identity of each entity offering unlicensed services and the types and approximate number of unlicensed intentional radiators verified or certified by the Commission that are authorized to operate; and ``(iii) for non-Federal users, any commercial names under which facilities-based service is offered to the public using the spectrum of the non-Federal user, including the commercial names under which the spectrum is being offered through resale. ``(2) Except as provided in subsection (e), create a centralized portal or Web site to make the inventory of the bands of frequencies required under paragraph (1) available to the public. ``(b) Use of Agency Resources.--In creating the inventory described in subsection (a)(1), the NTIA and the Commission shall first use agency resources, including existing databases, field testing, and recordkeeping systems, and only request information from Federal and non-Federal users if such information cannot be obtained using such agency resources. ``(c) Reports.-- ``(1) In general.--Except as provided in subsection (e), not later than 2 years after the date of enactment of this section and biennially thereafter, the NTIA and the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives containing-- ``(A) the results of the inventory created under subsection (a)(1), including any update to the information in the inventory pursuant to subsection (d); ``(B) a description of any information the NTIA or the Commission determines is necessary for such inventory but that is unavailable; and ``(C) a description of any information not provided by any Federal or non-Federal user in accordance with subsections (e)(1)(B)(ii) and (e)(2)(C)(ii). ``(2) Relocation report.-- ``(A) In general.--Except as provided in subsection (e), the NTIA and the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives containing a recommendation of which spectrum, if any, should be reallocated or otherwise made available for shared access and an explanation of the basis for that recommendation. ``(B) Deadlines.--The report required under subparagraph (A) shall be submitted not later than 2 years after the date of enactment of this section and every 2 years thereafter. ``(3) Inventory report.--If the NTIA and the Commission have not conducted an inventory under subsection (a) to 10 gigahertz at least 90 days before the third report required under paragraph (1) is submitted, the NTIA and the Commission shall include an evaluation in such report and in every report thereafter of whether the burden of expanding the inventory to 10 gigahertz outweighs the benefit until such time as the NTIA and the Commission have conducted the inventory to 10 gigahertz. ``(d) Maintenance and Updating of Information.--After the creation of the inventory required by subsection (a)(1), the NTIA and the Commission shall make all reasonable efforts to maintain and update the information required under such subsection on a quarterly basis, including when there is a transfer or auction of a license or a change in a permanent assignment or license. ``(e) National Security and Public Safety Information.-- ``(1) Nondisclosure.-- ``(A) In general.--If the head of an executive agency of the Federal Government determines that public disclosure of certain information held by that agency or a licensee of non-Federal spectrum and required by subsection (a), (c), or (d) would reveal classified national security information or other information for which there is a legal basis for nondisclosure and such public disclosure would be detrimental to national security, homeland security, or public safety, the agency head shall notify the NTIA of that determination and shall include descriptions of the activities, capabilities, functions, or missions (including whether they are space-based, air-based, or ground-based) supported by the information being withheld. ``(B) Information provided.--The agency head shall provide to NTIA-- ``(i) the publicly releasable information required by subsection (a)(1); ``(ii) to the maximum extent practicable, a summary description, suitable for public release, of the classified national security information or other information for which there is a legal basis for nondisclosure; and ``(iii) a classified annex, under appropriate cover, containing the classified national security information or other information for which there is a legal basis for nondisclosure that the agency head has determined must be withheld from public disclosure. ``(2) Public safety nondisclosure.-- ``(A) In general.--If a licensee of non-Federal spectrum determines that public disclosure of certain information held by that licensee and required to be submitted by subsection (a), (c), or (d) would reveal information for which public disclosure would be detrimental to public safety, or the licensee is otherwise prohibited by law from disclosing the information, the licensee may petition the Commission for a partial or total exemption from inclusion on the centralized portal or Web site under subsection (a)(2) and in the report required by subsection (c). ``(B) Burden.--The licensee seeking an exemption under this paragraph bears the burden of justifying the exemption and shall provide clear and convincing evidence to support such an exemption. ``(C) Information required.--If an exemption is granted under this paragraph, the licensee shall provide to the Commission-- ``(i) the publicly releasable information required by subsection (a)(1) for the inventory; ``(ii) to the maximum extent practicable, a summary description, suitable for public release, of the information for which public disclosure would be detrimental to public safety or the licensee is otherwise prohibited by law from disclosing; and ``(iii) an annex, under appropriate cover, containing the information that the Commission has determined should be withheld from public disclosure. ``(3) Additional disclosure.--The annexes required under paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to the congressional committees listed in subsection (c), but shall not be disclosed to the public under subsection (a) or subsection (d) or provided to any unauthorized person through any other means. ``(4) National security council consultation.--Prior to the release of the inventory under subsection (a), any updates to the inventory resulting from subsection (d), or the submission of a report under subsection (c)(1), the NTIA and the Commission shall consult with the National Security Council for a period not to exceed 30 days for the purposes of determining what additional information, if any, shall be withheld from the public. ``(f) Proprietary Information.--In creating and maintaining the inventory, centralized portal or Web site, and reports under this section, the NTIA and the Commission shall follow their rules and practice regarding confidential and proprietary information. Nothing in this subsection shall be construed to compel the Commission to make publicly available any confidential or proprietary information.''. Passed the House of Representatives April 14, 2010. Attest: LORRAINE C. MILLER, Clerk.

Radio Spectrum Inventory Act - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to: (1) create and maintain an inventory of each radio spectrum band of frequencies listed in the United States Table of Frequency Allocations from 225 megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz unless the NTIA and the FCC determine that the burden of expanding the inventory outweighs the benefit; (2) create a portal or website to make the inventory available to the public; and (3) report to Congress. Requires a report by the NTIA and FCC to Congress on which spectrum, if any, should be reallocated or otherwise made available for shared access. Creates exceptions to the inventorying, public disclosure, and reporting requirements of this Act, including exceptions relating to: (1) national security, homeland security, and public safety; and (2) confidential and proprietary information.

To require an inventory of radio spectrum bands managed by the National Telecommunications and Information Administration and the Federal Communications Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class & Small Business Tax Cut Act of 2012''. SEC. 2. EXTENSION OF PAYROLL TAX REDUCTION. (a) In General.--Subsection (c) of section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking ``and 2012'' and inserting ``, 2012, and 2013''. (b) Effective Date.--The amendments made by this section shall apply to remuneration received, and taxable years beginning, after December 31, 2012. SEC. 3. EMPLOYER PAYROLL INCREASE CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. EMPLOYER PAYROLL INCREASE CREDITS. ``(a) In General.--Each qualified employer shall be treated as having made a payment against the tax imposed by section 3111(a) or section 3221(a), whichever is applicable, for each qualified quarter in an amount equal to the credit amount. ``(b) Credit Amount.--For purposes of this section, the credit amount with respect to any qualified quarter is equal to the 10 percent of the qualified payroll increase of such employer for such qualified quarter. ``(c) Dollar Limitation.--The total credit amount with respect to any employer shall not exceed $500,000 for all qualified quarters. ``(d) Qualified Employer.--For purposes of this section, the term `qualified employer' means any American employer other than the United States, any State, or any instrumentality thereof. ``(e) Qualified Payroll Increase.--For purposes of this section-- ``(1) In general.--The term `qualified payroll increase' with respect to any qualified quarter means the amount, if any, by which a qualified employer's qualified payroll for such quarter exceeds the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. ``(2) Qualified payroll.--The term `qualified payroll' means the amount of all wages (within the meaning of section 3121(a)) paid or incurred by a qualified employer to the employees of such employer, except that, with respect to each such employee for any quarter of the employer, such wages shall be taken into account only to the extent that such wages do not exceed the contribution and benefit base as determined under section 230 of the Social Security Act. ``(3) Railway labor.--In the case of remuneration subject to the tax imposed by section 3221(a), paragraph (1) shall be applied by substituting `all compensation (within the meaning of section 3231(e))' for `all wages (within the meaning of section 3121(a))'. ``(4) Special rule for large employers.--In the case of an employer that employs 100 or more employees during the qualified quarter, no qualified payroll increase shall be taken into account for such qualified quarter unless the qualified payroll increase with respect to such qualified quarter exceeds 3 percent of the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. ``(f) Qualified Quarter.--For purposes of this section, the term `qualified quarter' means-- ``(1) the calendar quarter which includes the date of the enactment of the Middle Class & Small Business Tax Cut Act of 2012, and ``(2) each of the 3 calendar quarters following such quarter. ``(g) Definitions.--Except as provided in subsection (h)(1), any term used in this section which is also used in section 3111 has the same meaning as when used in such section. ``(h) Special Rules.--For purposes of this section-- ``(1) Employee.--The term `employee' includes only individuals who are citizens or lawful residents of the United States who receive wages, remuneration, compensation, or tips from an employer for work performed within a State or a possession of the United States. ``(2) Maintenance of base employment requirement.--This section shall not apply to any qualified employer for any qualified quarter if the total number of employees of such employer during such quarter is less than the total number of such employees during the quarter preceding such quarter, determined by not taking into account any employee who is a seasonal employee during such preceding quarter. ``(3) Controlled groups.--All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of the dollar limitation under subsection (c), except that any employer which is not an American employer shall not be taken into account. ``(4) New employers.-- ``(A) In general.--In the case of a qualified employer which comes into existence after the date of the enactment of the Middle Class & Small Business Tax Cut Act of 2012 and before January 1, 2014-- ``(i) the term `qualified quarter' means-- ``(I) the first calendar quarter for which such qualified employer is in existence, and ``(II) each of the 3 quarters following such quarter, ``(ii) the qualified payroll increase of such employer for the quarter described in clause (i)(I) shall be equal to the amount of the employer's qualified payroll for such quarter, and ``(iii) the qualified payroll increase of such employer for any quarter described in clause (i)(II) shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. ``(B) Transition rule.-- ``(i) In general.--In the case of a qualified employer which comes into existence-- ``(I) after the last day of the calendar quarter which is 5 calendar quarters before the date of the enactment of the Middle Class & Small Business Tax Cut Act of 2012, and ``(II) before such date of enactment, the qualified payroll increase of such employer for any transition quarter shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. ``(ii) Transition quarter.--For purposes of clause (i), the term `transition quarter' means a qualified quarter with respect to which the qualified payroll increase cannot be determined under subsection (e)(1) solely because the employer was not in existence during such quarter of the calendar year preceding the year in which such qualified quarter falls.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Employer payroll increase credits.''. (c) Notification.--Not later than 30 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall notify all employers required to withhold employment taxes under chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment and applicability of section 6433 of the Internal Revenue Code of 1986, as added by this Act. (d) Investigation and Report on Enforcement Actions.--Not later than 6 months after the date of the enactment of this Act, and quarterly thereafter, the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the enforcement measures taken to prevent and penalize fraud related to section 6433 of the Internal Revenue Code of 1986, including such information as-- (1) general statistics related to the application of such section, (2) cases of fraud, and (3) the status of investigatory and prosecutorial actions related to such cases. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to calendar quarters beginning with the calendar quarter which includes the date of the enactment of this Act.

Middle Class & Small Business Tax Cut Act of 2012 - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2013 the reductions in employment and self-employment tax rates. Amends the Internal Revenue Code to allow nongovernmental employers a credit against employment tax liability equal to 10% of the increase in any quarterly payroll over a payroll in a corresponding quarter in the previous calendar year. Limits the allowable amount of such credit to $500,000 for all quarters. Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of the payroll increase tax credit, and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to such tax credit.

A bill to extend the payroll tax holiday and to amend the Internal Revenue Code of 1986 to provide a temporary payroll increase tax credit for certain employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2007''. SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual who has not attained age 22. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--For purposes of this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in the last sentence of section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the fourth sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual who has not attained age 22. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--For purposes of this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.''. (B) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9813. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2008. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2007 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan, and a health insurance issuer offering group coverage, that cover surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a congenital or developmental deformity, disease, or injury of a minor child (defined as child under the age of 22). Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Businesses Access to Banking Act of 2013''. SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. A Federal banking regulator may not-- (1) terminate or limit the deposit insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) solely because the depository institution provides or has provided financial services to a marijuana-related legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because-- (A) the individual is a manufacturer or producer, or is the owner or operator of a marijuana-related legitimate business; (B) the individual later becomes an owner or operator of a marijuana-related legitimate business; or (C) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business; and (4) take any action on a loan to an owner or operator of-- (A) a marijuana-related legitimate business; or (B) real estate or equipment that is leased to a marijuana-related legitimate business. SEC. 3. PROTECTIONS UNDER FEDERAL LAW. (a) Investigation and Prosecution.--A depository institution that provides financial services to a marijuana-related legitimate business, and the officers, directors, and employees of that depository institution, shall be immune from Federal criminal prosecution or investigation for providing those services. (b) Federal Criminal Law.--A depository institution that provides financial services to a marijuana-related legitimate business may not be held liable pursuant to any Federal criminal law solely for providing those services or for further investing any income derived from such services. (c) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall require a depository institution to provide financial services to a marijuana-related legitimate business. SEC. 5. EXEMPTION FROM FILING SUSPICIOUS ACTIVITY REPORTS. Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Exemption for marijuana-related legitimate businesses.-- ``(A) In general.--The Secretary shall not require a depository institution, and any director, officer, employee, or agent of a depository institution, to report a transaction as suspicious solely because a party to the transaction is a marijuana-related legitimate business. ``(B) Definitions.--In this paragraph, the terms `depository institution' and `marijuana-related legitimate business' have the meanings given such terms in the Marijuana Businesses Access to Banking Act of 2013.''. SEC. 6. DEFINITIONS. In this Act: (1) Depository institution.--The term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Federal banking regulator.--The term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (3) Financial service.--The term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481). (4) Manufacturer.--The term ``manufacturer'' means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products. (5) Marijuana-related legitimate business.--The term ``marijuana-related legitimate business'' means a manufacturer, producer, or any person that-- (A) participates in any business or organized activity that involves handling marijuana or marijuana products, including selling, transporting, displaying, dispensing, or distributing marijuana or marijuana products; and (B) engages in such activity pursuant to a law established by a State or a unit of local government. (6) Marijuana.--The term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802). (7) Marijuana product.--The term ``marijuana product'' means any article which contains marijuana, including an article which is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical. (8) Producer.--The term ``producer'' means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana. (9) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.

Marijuana Businesses Access to Banking Act of 2013 - Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it either provides or has provided financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marijuana-related legitimate business. Prohibits a federal banking regulator, in addition, from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because the individual: (1) is or later becomes a manufacturer, producer, owner or operator of a marijuana-related legitimate business; or (2) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. Prohibits a federal banking regulator from taking any action on a loan to an owner or operator of: (1) a marijuana-related legitimate business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business. Grants immunity from federal criminal prosecution or investigation to a depository institution providing financial services to a marijuana-related legitimate business. Prohibits the Secretary of the Treasury from requiring a depository institution, and any director, officer, employee, or agent of a depository institution, to report a transaction as suspicious solely because a party to the transaction is a marijuana-related legitimate business.

Marijuana Businesses Access to Banking Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Care Act of 1999''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``PART G--REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES ``SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES. ``(a) In General.--A public or private general hospital, nursing facility, intermediate care facility, residential treatment center, or other health care facility, that receives assistance in any form from any program supported in whole or in part with Federal funds shall protect and promote the rights of each resident of the facility, including the right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience. ``(b) Requirements.--Physical or chemical restraints may only be imposed on a resident of a facility described in subsection (a) if-- ``(1) the imposition of the restraints are to ensure the physical safety of the resident or others; and ``(2) the restraints and seclusion are imposed only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained). ``(c) Definitions.--In this section: ``(1) Chemical restraint.--The term `chemical restraint' means the use of a psychopharmacologic drug that is imposed for purposes of discipline or convenience and is not required to treat a medical symptom. ``(2) Physical restraint.--The term `physical restraint' means any mechanical or personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely, that is imposed for purposes of discipline or convenience, and that is not required to treat a medical symptom. Such term does not include devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, and other methods involving the physical holding of a resident for the purpose of conducting routine physical examinations or tests or to protect the patient from falling out of bed or to permit a patient to participate in activities without the risk of physical harm to the patient. ``(3) Seclusion.--The term `seclusion' means any separation of the resident from the general population of the facility that prevents the resident from returning to such population when he or she desires, that is imposed for purposes of discipline or convenience, and that is not required to treat a medical symptom. ``SEC. 582. REPORTING REQUIREMENT. ``(a) In General.--Each facility to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.) applies shall notify the appropriate Protection and Advocacy system of each death that occurs at each such facility. A notification under this subsection shall include the name of the resident and a general description of the circumstances of his or her death, and shall be provided not later than 7 days after the date of the death of the individual involved. ``(b) Definitions.--In subsection (a): ``(1) Facility.--The term `facility' has the meaning given the term `facilities' in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10802(3)). ``(2) Protection and advocacy system.--The term `Protection and Advocacy system' means a system established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.).''. SEC. 3. INVESTIGATIONS OF CERTAIN DEATHS AND INJURIES. Section 105(a)(1) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10805(a)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the semicolon at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) investigate the death or serious injury (any significant impairment of the physical condition of the individual, including any burn, laceration, internal injury, or any injury that occurs as a result of repeated harm to any organ) of an individual with a mental illness if the death or serious injury occurred at a facility to which this Act applies;''. SEC. 4. REGULATIONS AND ENFORCEMENT. (a) Training.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with appropriate State and local protection and advocacy organizations, shall promulgate regulations that require facilities to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.) applies, to meet the requirements of subsection (b). (b) Requirements.--The regulations promulgated under subsection (a) shall require that-- (1) facilities described in subsection (a) ensure that appropriate staff levels are maintained within such facilities; (2) appropriate training be provided for the staff of such facilities in the use of restraints and any alternatives to the use of restraints; and (3) such facilities provide complete and accurate notification of deaths, as required under section 582(a) of the Public Health Service Act (as added by section 2). (c) Enforcement.--A facility to which this Act (or an amendment made by this Act) applies, that fails to comply with any requirement of this Act (or such an amendment), including a failure to provide appropriate training, shall not be eligible for participation in any Federally funded program.

Compassionate Care Act of 1999 - Amends the Public Health Service Act to require hospitals and other health care facilities that receive Federal assistance in any form to protect the rights of their patients and residents, including freedom from physical or mental abuse, corporal punishment, involuntary seclusion, and physical or chemical restraints used for punishment or convenience. Permits use of physical or chemical restraints only to ensure the physical safety of a patient or resident, or others, and only upon a physician's specific written order. Requires a facility subject to the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to notify the appropriate Protection and Advocacy system of each resident's death and related circumstances. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to require a State protection system for the mentally ill to investigate certain deaths and injuries at such facilities. Subjects facilities to loss of Federal assistance for noncompliance with this Act.

Compassionate Care Act of 1999

SECTION 1. EXEMPTION FOR CERTAIN DISTRIBUTIONS OF SMALL BUSINESSES TO EXTENT OF INCREASED WAGES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139F. INCREASED-WAGE DISTRIBUTIONS OF SMALL BUSINESSES. ``(a) Application to Corporations.-- ``(1) In general.--In the case of a distribution to an individual from a corporation which is a small business concern, gross income shall not include any increased-wage exempt-dividend. ``(2) Increased-wage exempt-dividend.--For purposes of this subsection-- ``(A) In general.--The term `increased-wage exempt- dividend' means any dividend properly designated as an increased-wage exempt-dividend under subparagraph (B). ``(B) Designation.--A corporation which is a small business concern may designate any dividend paid by such corporation as an increased-wage exempt-dividend to the extent that the aggregate amount of the dividends so designated for any taxable year does not exceed the wage increase amount for such taxable year. ``(b) Application to Partnerships.-- ``(1) In general.--In the case of a distribution to an individual from a partnership which is a small business concern-- ``(A) no gain shall be recognized on any increased- wage partnership distribution, and ``(B) in the case of an increased-wage partnership distribution with respect to which no gain is recognized under section 731(a)(2), no reduction shall be made to the adjusted basis to the partner of his interest in the partnership under section 733(1). ``(2) Increased-wage partnership distribution.--For purposes of this subsection-- ``(A) In general.--The term `increased-wage partnership distribution' means any cash distribution from the partnership to a partner which is properly designated as an increased-wage partnership distribution under subparagraph (B). ``(B) Designation.--A partnership which is a small business concern may designate any cash distribution as an increased-wage partnership distribution to the extent that the aggregate amount of the distributions so designated for any taxable year does not exceed the wage increase amount for such taxable year. ``(c) Wage Increase Amount.--For purposes of this section-- ``(1) In general.--The term `wage increase amount' means, with respect to any corporation or partnership for any taxable year, the sum of-- ``(A) the excess (if any) of-- ``(i) the aggregate qualified wages paid or incurred by the corporation or partnership for such taxable year, over ``(ii) the aggregate qualified wages paid or incurred by the corporation or partnership for the preceding taxable year, plus ``(B) any increased-wage exempt-dividends or increased-wage partnership distributions received by such corporation or partnership during such taxable year. ``(2) Qualified wages.--The term `qualified wages' has the meaning which would be given such term by section 3121(a) if paragraph (1) thereof were applied by treating the contribution and benefit base as being equal to $50,000. ``(3) Aggregation rule.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of this subsection. ``(4) Treatment of predecessors.--Any reference in this subsection to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. ``(d) Small Business Concern.--For purposes of this section, the term `small business concern' has the meaning given such term by section 3 of the Small Business Act.''. (b) Conforming Amendments.-- (1) Section 1(h)(11)(B)(ii) of such Code is amended by striking ``and'' at the end of subclause (II), by striking the period at the end of subclause (III) and inserting ``, and'', and by adding at the end the following new subclause: ``(IV) any increased-wage exempt- dividend (as defined in section 139F).''. (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139F. Increased-wage distributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Amends the Internal Revenue Code to exclude from gross income increased-wage exempt-dividends distributed to an individual by a corporation or a partnership which is a small business concern (as defined by the Small Business Act). Defines "increased-wage exempt-dividends" as dividends paid by a small business concern that do not exceed the increase in wages paid by the small business concern over wages paid in the preceding taxable year.

To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The College Savings Act of 2004''. SEC. 2. INCREASE IN MAXIMUM ANNUAL CONTRIBUTION FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 (defining Coverdell education savings account) is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Conforming Amendment.--Section 4973(e)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. EDUCATION SAVINGS ACCOUNTS. (a) Deduction for Contributions.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and inserting after section 223 the following new section: ``SEC. 224. EDUCATION SAVINGS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount of contributions made by such individual to an education savings account during the taxable year. ``(b) Definitions.-- ``(1) Education savings account.--The term `education savings account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified education expenses of an individual who is the designated beneficiary of the trust (and designated as an education savings account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted-- ``(i) unless it is in cash, ``(ii) after the date on which such beneficiary attains age 18, or ``(iii) except in the case of rollover contributions, if such contribution would result in aggregate contributions for the taxable year exceeding $5,000. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan or any Coverdell education savings account. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(E) Except as provided in subsection (e)(6), any balance to the credit of the designated beneficiary on the date on which the beneficiary attains age 30 shall be distributed within 30 days after such date to the beneficiary or, if the beneficiary dies before attaining age 30, shall be distributed within 30 days after the date of death of such beneficiary. ``(F) The age limitations in subparagraphs (A)(ii) and (E), and paragraphs (4) and (5) of subsection (e), shall not apply to any designated beneficiary with special needs (as determined under regulations prescribed by the Secretary). ``(2) Qualified education expenses.--The term `qualified education expenses' has the meaning given such term in section 530(b)(2) . ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers), ``(B) Section 530(b)(5) (relating to time when contributions deemed made), ``(C) Section 530(f) (relating to community property laws), ``(D) Section 530(g) (relating to custodial accounts), and ``(E) Section 530(h) (relating to reports). ``(c) Reduction in Permitted Contribution Based on Adjusted Gross Income.-- ``(1) In general.--The maximum amount which a contributor could otherwise make to an account under this section shall be reduced by an amount which bears the same ratio to such maximum amount as-- ``(A) the excess of-- ``(i) the contributor's modified adjusted gross income for such taxable year, over ``(ii) $95,000 ($190,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(d) Tax Treatment of Accounts.-- ``(1) In general.--An education savings account is exempt from taxation under this subtitle unless such account has ceased to be an education savings account. Notwithstanding the preceding sentence, any such account 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 education savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified education expenses. ``(e) Treatment of Distributions.-- ``(1) In general.--Any distribution shall be includible in the gross income of the distributee in the manner as provided in section 72. ``(2) Special rules for applying estate and gift taxes with respect to account.--Rules similar to the rules of paragraphs (2), (4), and (5) of section 529(c) shall apply for purposes of this section. ``(3) Additional tax for distributions not used for educational expenses.-- ``(A) In general.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from an education individual retirement account which is in excess of the qualified education expenses of the designated beneficiary during the taxable year shall be increased by 10 percent of the amount of such excess. ``(B) Exceptions.--Subparagraph (A) shall not apply if the payment or distribution is-- ``(i) made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary, ``(ii) attributable to the designated beneficiary's being disabled (within the meaning of section 72(m)(7)), ``(iii) made on account of a scholarship, allowance, or payment described in section 25A(g)(2) received by the account holder to the extent the amount of the payment or distribution does not exceed the amount of the scholarship, allowance, or payment, or ``(iv) made on account of the attendance of the designated beneficiary at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy, to the extent that the amount of the payment or distribution does not exceed the costs of advanced education (as defined by section 2005(e)(3) of title 10, United States Code, as in effect on the date of the enactment of this section) attributable to such attendance. ``(C) Contributions returned before certain date.-- Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of the designated beneficiary if-- ``(i) such distribution is made before the first day of the sixth month of the taxable year following the taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in gross income for the taxable year in which such excess contribution was made. ``(4) Rollover contributions.--Paragraph (1) shall not apply to any amount paid or distributed from an education savings account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into another education savings account for the benefit of the same beneficiary or a member of the family (within the meaning of section 529(e)(2)) of such beneficiary who has not attained age 30 as of such date. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12- month period ending on the date of the payment or distribution. ``(5) Change in beneficiary.--Any change in the beneficiary of an education savings account shall not be treated as a distribution for purposes of paragraph (1) if the new beneficiary is a member of the family (as so defined) of the old beneficiary and has not attained age 30 as of the date of such change. ``(6) Special rules for death and divorce.--Rules similar to the rules of paragraphs (7) and (8) of section 220(f) shall apply. In applying the preceding sentence, members of the family (as so defined) of the designated beneficiary shall be treated in the same manner as the spouse under such paragraph (8). ``(7) Deemed distribution on required distribution date.-- In any case in which a distribution is required under subsection (b)(1)(E), any balance to the credit of a designated beneficiary as of the close of the 30-day period referred to in such subsection for making such distribution shall be deemed distributed at the close of such period.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of the Internal Revenue Code of 1986 (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 inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) an education savings account (as defined in section 224),''. (2) Excess contribution.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Education Savings Accounts.--For purposes of this section-- ``(1) In general.--In the case of education savings accounts maintained for the benefit of any one beneficiary, the term `excess contributions' means the sum of-- ``(A) the amount by which the amount contributed for the taxable year to such accounts exceeds $5,000 (or, if less, the sum of the maximum amounts permitted to be contributed under section 224(c) by the contributors to such accounts for such year); and ``(B) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(i) the distributions out of the accounts for the taxable year (other than rollover distributions); and ``(ii) the excess (if any) of the maximum amount which may be contributed to the accounts for the taxable year over the amount contributed to the accounts for the taxable year. ``(2) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education savings account in a distribution to which section 224(e)(3)(C) applies. ``(B) Any rollover contribution.''. (c) Failure to Provide Reports on Education Savings Accounts.-- Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 224(b)(3)(E) (relating to education savings accounts).''. (d) Clerical Amendment.--The table of section for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and inserting the following new items: ``Sec. 224. Education savings. ``Sec. 225. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2004.

The College Savings Act of 2004 - Amends the Internal Revenue Code to: (1) increase the maximum annual contribution limit for Coverdell education savings accounts from $2,000 to $5,000; and (2) allow a tax deduction up to $5,000 for contributions to an education savings account.

A bill to amend the Internal Revenue Code of 1986 to permanently increase the maximum annual contribution allowed to be made to Coverdell education savings accounts, and to provide for a deduction for contributions to education savings accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal State Climate Change Planning Act of 2008''. SEC. 2. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE. (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following: ``climate change adaptation planning ``Sec. 320. (a) In General.--The Secretary shall establish consistent with the national policies set forth in section 303 a coastal climate change adaptation planning and response program to-- ``(1) provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and ``(2) provide financial and technical assistance and training to enable coastal states to implement plans developed pursuant to this section through coastal states' enforceable policies. ``(b) Guidelines.--Within 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal states, shall issue guidelines for the implementation of the grant program established under subsection (c). ``(c) Climate Change Adaptation Planning Grants.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, may make a grant to any coastal state for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under subsection (b). ``(2) Plan content.--A plan developed with a grant under this section shall include the following: ``(A) Identification of public facilities and public services, coastal resources of national significance, coastal waters, energy facilities, or other water uses located in the coastal zone that are likely to be impacted by climate change. ``(B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity and establish habitat buffer zones, migration corridors, and climate refugia. ``(C) Requirements to initiate and maintain long- term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. ``(3) State hazard mitigation plans.--Plans developed with a grant under this section shall be consistent with State hazard mitigation plans developed under State or Federal law. ``(4) Allocation.--Grants under this section shall be available only to coastal states with management programs approved by the Secretary under section 306 and shall be allocated among such coastal states in a manner consistent with regulations promulgated pursuant to section 306(c). ``(5) Priority.--In the awarding of grants under this subsection the Secretary may give priority to any coastal state that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). ``(6) Technical assistance.--The Secretary may provide technical assistance to a coastal state consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. ``(7) Federal approval.--In order to be eligible for a grant under subsection (d), a coastal state must have its plan developed under this section approved by the Secretary. ``(d) Coastal Adaptation Project Grants.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, may make grants to any coastal state that has a climate change adaptation plan approved under subsection (c)(7), in order to support projects that implement strategies contained within such plans. ``(2) Program requirements.--The Secretary within 90 days after approval of the first plan approved under subsection (c)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit- based competitive process. ``(3) Eligible activities.--The Secretary may award grants to coastal states to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: ``(A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, and other factors negatively impacting coastal waters, and fisheries-associated habitat destruction or alteration. ``(B) Monitoring, control, or eradication of disease organisms and invasive species. ``(C) Activities to address the loss, degradation or fragmentation of wildlife habitat through projects to establish marine and terrestrial habitat buffers, wildlife refugia or networks thereof, and preservation of migratory wildlife corridors and other transition zones. ``(D) Implementation of projects to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. ``(E) Provide technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies.''. (b) Authorization of Appropriations.--Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is further amended by adding at the end the following: ``(4) for grants under section 320(c) and (d), such sums as are necessary.''. (c) Intent of Congress.--Nothing in this section shall be construed to require any coastal state to amend or modify its approved management program pursuant to section 306(e) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(e)), or to extend the enforceable policies of a coastal state beyond the coastal zone as identified in the coastal state's approved management program.

Coastal State Climate Change Planning Act of 2008 - Amends the Coastal Zone Management Act of 1972 to establish a coastal climate change adaptation planning and response program to provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans and to provide financial and technical assistance and training to enable coastal states to implement those plans through coastal states' enforceable policies. Authorizes, subject to the availability of appropriations, grants to coastal states for developing the plans and grants for implementation.

To amend the Coastal Zone Management Act of 1972 to authorize assistance to coastal states to develop coastal climate change adaptation plans pursuant to approved management programs approved under section 306, to minimize contributions to climate change, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuition Tax Credit Act of 1995''. SEC. 2. TAX CREDIT FOR TUITION. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25 the following new section: ``SEC. 25A. TUITION TAX CREDIT. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year, the amount, determined under subsection (b), of the educational expenses paid by him during the taxable year to one or more eligible educational institutions for himself, his spouse, or any of his dependents (as defined in section 152). ``(b) Limitations.-- ``(1) Amount per individual.--The credit under subsection (a) for the educational expenses of any individual paid in any taxable year shall be equal to so much of such expenses paid with respect to such individual as does not exceed $1,000. ``(2) Proration of credit where more than one taxpayer pays expenses.--If educational expenses of an individual are paid by more than one taxpayer during any calendar year, the credit allowable to each such taxpayer under subsection (a) for any taxable year beginning in such calendar year shall be the same portion of the credit determined under paragraph (1) for such calendar year which the amount of educational expenses of such individual paid by the taxpayer during such calendar year is of the total amount of educational expenses of such individual paid during such calendar year by all such taxpayers. ``(c) Definitions.--For purposes of this section-- ``(1) Educational expenses.--The term `educational expenses' means amounts paid for-- ``(A) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and ``(B) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution. Such term does not include any amount paid, directly or indirectly, for meals, lodging, or similar personal, living, or family expenses. In the event an amount paid for tuition or fees includes an amount for meals, lodging, or similar expenses which is not separately stated, the portion of such amount which is attributable to meals, lodging, or similar expenses shall be determined under regulations prescribed by the Secretary. ``(2) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) an institution of higher education, ``(B) a vocational school, ``(C) a secondary school, or ``(D) an elementary school. ``(3) Institution of higher education.--The term `institution of higher education' means the institutions described in section 1201(a) or 481(a) of the Higher Education Act of 1965. ``(4) Vocational school.--The term `vocational school' means an area vocational education school as defined in section 521(3) of the Carl D. Perkins Vocational Education Act. ``(5) Elementary and secondary schools.--The terms `elementary school' and `secondary school' mean, respectively, any elementary or secondary school (as defined in paragraph (7) of section 198(a) of the Elementary and Secondary Education Act of 1965) which is privately operated but only if it is-- ``(A) accredited or approved under State law (or, in the case of school in a State which has no procedure for the accreditation or approval of privately operated schools, which meets the requirements of State law relating to compulsory school attendance), and ``(B) exempt from taxation under section 501(a) as an organization described in section 501(c)(3). The terms `elementary school' and `secondary school' include facilities which offer education for individuals who are physically or mentally handicapped as a substitute for public elementary or secondary education. ``(d) Special Rules.-- ``(1) Adjustment for certain scholarships and veterans benefits.--The amounts otherwise taken into account under subsection (a) as educational expenses of any individual during any period shall be reduced (before the application of subsection (b)) by any amounts received by such individual during such period as-- ``(A) a qualified scholarship (within the meaning of section 117(b)) which under section 117 is not includible in gross income, or ``(B) an educational assistance allowance under chapters 32, 34, or 35 of title 38 of the United States Code. ``(2) Eligible courses.--Amounts paid for educational expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(A) are attributable to courses of instruction offered by an elementary or secondary school, or ``(B) are attributable to courses of instruction for which credit is allowed toward a baccalaureate degree by an institution of higher education or toward a certificate of required course work at a vocational school and are not attributable to any graduate program of such individual. ``(3) Individual must be at least half-time student.--No credit shall be allowed under subsection (a) for amounts paid during the taxable year for educational expenses with respect to any individual unless that individual, during any 4 calendar months during the calendar year in which the taxable year of the taxpayer begins, is at least a half-time student at an eligible education institution. ``(4) Spouse.--No credit shall be allowed under subsection (a) for amounts paid during the taxable year for educational expenses for the spouse of the taxpayer unless-- ``(A) the taxpayer is entitled to an exemption for his spouse under section 151(b) for the taxable year, or ``(B) the taxpayer files a joint return with his spouse for the taxable year. ``(e) Disallowance of Expenses as Deduction.-- No deduction shall be allowed under section 162 (relating to trade or business expenses) for any educational expense which (after the application of subsection (b)) is taken into account in determining the amount of any credit allowed under subsection (a). The preceding sentence shall not apply to the educational expenses of any taxpayer who, under regulations prescribed by the Secretary, elects not to apply the provisions of this section with respect to such expenses for the taxable year. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25 the following new item: ``Sec. 25A. Expenses of higher education.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Tuition Tax Credit Act of 1995 - Amends the Internal Revenue Code to allow a nonrefundable individual income tax credit for the educational expenses (tuition and supplies) of the taxpayer, spouse, or dependents at an eligible private elementary or secondary school, institution of higher education, or vocational school. Limits the credit to $1,000 per student per year.

Tuition Tax Credit Act of 1995

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Grand Staircase-Escalante National Monument Minor Boundary Adjustments Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Grand Staircase-Escalante National Monument in the State of Utah was established by the President on September 18, 1996, in Presidential Proclamation 6920 (61 Fed. Reg. 50223; September 24, 1996). (2) The Grand Staircase-Escalante National Monument was planned and its boundaries were drawn in secret, without the type of public input that is generally conducive to sound decision making. (3) As a result of the lack of public input in the development of the Grand Staircase-Escalante National Monument, several parcels of Federal land were included within the boundaries of the national monument that are not suited for inclusion or that would better serve the public interest if managed in another capacity. (4) Certain parcels of Federal Land within the present boundaries of the Grand Staircase-Escalante National Monument would better serve the public interest if ownership of the parcels were transferred to the State of Utah or a local government. SEC. 3. BOUNDARY MODIFICATIONS, GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT, UTAH. (a) Exclusion of Certain Lands.--The boundaries of the Grand Staircase-Escalante National Monument in the State of Utah are hereby modified to exclude the following lands: (1) The parcel known as Upper Valley Oil Field, as generally depicted on the map entitled ``Upper Valley Oil Field Exclusion, Garfield County, Utah'', dated March 25, 1998. (2) The parcel known as Henrieville Town, Utah, as generally depicted on the map entitled ``Henrieville Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (3) The parcel known as Cannonville Town, Utah, as generally depicted on the map entitled ``Cannonville Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (4) The parcel known as Tropic Town, Utah, as generally depicted on the map entitled ``Tropic Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (5) The parcel known as Boulder Town, Utah, as generally depicted on the map entitled ``Boulder Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (6) All lands within 500 feet of the center line of U.S. Route 89, in Kane County, Utah, and those lands generally depicted on the map entitled ``U.S. Route 89 Utility Corridor Exclusion, Kane County, Utah'', dated March 25, 1998. (b) Inclusion of Certain Additional Lands.--The boundaries of the Grand Staircase-Escalante National Monument are hereby modified to include the parcel known as East Clark Bench as generally depicted on the map entitled ``East Clark Bench Inclusion, Kane County, Utah'', dated March 25, 1998. (c) Maps.--The maps referred to in subsections (a) and (b) shall be on file and available for public inspection in the office of the Grand Staircase-Escalante National Monument in the State of Utah and in the office of the Director of the Bureau of Land Management. SEC. 4. LAND CONVEYANCES, GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT, UTAH. (a) Tropic Town, Utah.-- (1) Conveyance required.--The Secretary of the Interior shall transfer to Tropic Town, Utah, without consideration but subject to valid existing non-Federal rights, all right, title, and interest of the United States in and to the parcels of land described in paragraph (2). (2) Land description.--The parcels of land referred to in paragraph (1) are located in Garfield County, Utah, and consist of the following: (A) W\1/2\NE\1/4\, SE\1/4\NE\1/4\, E\1/2\NW\1/4\, S\1/2\ of section 3, township 37 south, range 3 west, Salt Lake meridian. (B) N\1/2\ of section 10, township 37 south, range 3 west, Salt Lake meridian. (b) Kodachrome Basin State Park, Utah.-- (1) Conveyance required.--The Secretary of the Interior shall transfer to the State of Utah, without consideration but subject to valid existing non-Federal rights, all right, title, and interest of the United States in and to the parcels of land described in paragraph (2) for inclusion of such lands in Kodachrome Basin State Park. (2) Land description.--The parcels of land referred to in paragraph (1) are located in Garfield County, Utah, and consist of the following: (A) W\1/2\W\1/2\ of section 4, township 38 south, range 2 west, Salt Lake meridian. (B) E\1/2\E\1/2\ of section 5, township 38 south, range 2 west, Salt Lake meridian. (C) E\1/2\NE\1/4\ of section 8, township 38 south, range 2 west, Salt Lake meridian. (D) NW\1/4\, W\1/2\NE\1/4\ of section 9, township 38 south, range 2 west, Salt Lake meridian. (E) SW\1/4\NW\1/4\, W\1/2\SW\1/4\ of section 11, township 38 south, range 2 west, Salt Lake meridian. (F) W\1/2\NW\1/4\ of section 14, township 38 south, range 2 west, Salt Lake meridian. (G) SE\1/4\NE\1/4\ of section 15, township 38 south, range 2 west, Salt Lake meridian. SEC. 5. DISCLAIMER. Nothing in this Act shall be construed as constituting congressional approval, explicit or implicit, of the establishment of the Grand Staircase-Escalante National Monument. It is the intent of Congress that the Grand Staircase-Escalante National Monument be abolished if any court finds that the President exceeded the authority of the President under the Act of June 8, 1906 (16 U.S.C. 431 et seq.; commonly known as the Antiquities Act of 1906), in establishing the national monument.

Grand Staircase-Escalante National Monument Minor Boundary Adjustments Act - Modifies the boundaries of the Grand Staircase-Escalante National Monument in the State of Utah to exclude specified Federal lands and to include the East Clark Bench. Requires the Secretary of the Interior to transfer, without consideration but subject to valid existing non-Federal rights, specified Federal lands in Garfield County, Utah, to: (1) Tropic Town, Utah; and (2) the State of Utah for inclusion of such lands in Kodachrome Basin State Park. Provides that nothing in this Act shall be construed as constituting congressional approval, explicit or implicit, of the establishment of the Grand Staircase-Escalante National Monument. Expresses the intent of the Congress that the Monument be abolished if any court finds that the President exceeded the President's authority under the Antiquities Act of 1906 in establishing the national monument.

Grand Staircase-Escalante National Monument Minor Boundary Adjustments Act

SECTION 1. SHORT TITLE. This Act shall be cited as the ``Denver Federal Center Redevelopment Act''. SEC. 2. DENVER FEDERAL CENTER DEVELOPMENT AUTHORITY. Part C of subtitle II of title 40, United States Code, is amended by adding at the end thereof the following new chapter: ``CHAPTER 71--DENVER FEDERAL CENTER DEVELOPMENT ``Sec. 7101. Master lease development authority ``(a) In General.--The Administrator of General Services may enter into leases of Federal real property, including improvements thereon, with totally non-Federal entities to provide for the construction, rehabilitation, operation, maintenance, or use of all, or portions of, the Denver Federal Center as described in section 7106, or such other activities related to the Denver Federal Center as the Administrator considers appropriate. For purposes of this chapter, a lease of Federal real property, including improvements thereon, shall be referred to as a master lease. ``(b) Terms and Conditions.--A master lease entered into under this section-- ``(1) shall have as its primary purpose enhancing the value of the Denver Federal Center to the United States; ``(2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to ensure the integrity of the selection process and to protect the interests of the United States; ``(3) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general purpose office, storage or other usable space in a facility covered under the master lease; ``(4) shall be for a term not to exceed 50 years; ``(5) shall describe the consideration, duties and responsibilities for which the United States and the non- Federal entity are responsible; ``(6) shall provide-- ``(A) that all development risk shall remain with the non-Federal entity; ``(B) that the United States will not be liable for any action, debt or liability of any non-Federal entity; and ``(C) that such non-Federal entity may not execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ``(7) shall include such other terms and conditions as the Administrator considers appropriate. ``(c) Consideration.--A master lease entered into under this section shall be for fair consideration, as determined by the Administrator. Consideration under a master lease may be provided in whole or in part through in-kind consideration, including provision of other real and related property, goods or services of benefit to the United States, construction, repair, remodeling, or other physical improvements of Federal property, environmental remediation or maintenance of Federal property, or the provision of office, storage or other usable space. ``Sec. 7102. Additional authorities ``(a) Authority To Convey Remaining Interests.--In carrying out a master lease entered into under this chapter, the Administrator is authorized to convey the interest of the United States in the property covered by the master lease to the non-Federal entity by sale or exchange, if the Administrator first determines in writing that such conveyance is in the interests of the United States; ``(b) Other Authorities Not Affected.--The authority to enter into a master lease under this chapter shall be in addition to, and not in lieu of, any other authorities of the Administrator to convey interests in real property by lease, sale, or exchange. ``(c) Obligations To Make Payments.-- Any obligation to make payments by the Administrator for the use of space, goods or services by the General Services Administration on property that is subject to a master lease under this chapter may only be made to the extent that necessary funds have been made available to the Administrator, in advance, in an annual appropriations Act. ``Sec. 7103. Relationship to other laws ``(a) In General.--The authority of the Administrator under this chapter shall not be subject to-- ``(1) sections 521 through 529 and sections 541 through 559; ``(2) section 1302; ``(3) section 3307; or ``(4) any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this chapter. ``(b) Unutilized or Underutilized Property.--Any property covered under a master lease entered into under this section shall be deemed to be property for which there is a continuing Federal need and may not be considered to be unutilized or underutilized for purposes of section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). ``Sec. 7104. Use of proceeds ``(a) In General.--Net proceeds from a master lease entered into under section 7101 shall be deposited into, administered, and expended, subject to appropriations Acts, as part of the Federal Building Fund established under section 592. In this section, the term `net proceeds from a master lease entered into under section 7101' means the rental proceeds from the master lease minus the expenses incurred by the Administrator with respect to the master lease. ``(b) Recovery of Expenses.--The Administrator may retain from the proceeds of a master lease entered into under section 7101 amounts necessary to recover the expenses incurred by the Administrator with respect to the master lease. Such amounts shall be deposited in the account in the Treasury from which the Administrator incurs such expenses. ``Sec. 7105. Reporting requirements ``(a) In General.--Before entering into a master lease under section 7101, the Administrator of General Services shall transmit to the appropriate Committees of Congress a report on the proposed development and master lease of the Denver Federal Center not less than 30 days before the award of a master lease; ``(b) Contents.--A report transmitted under this section shall include a summary of a cost-benefit analysis of the proposed development and a description of the provisions of the proposed master lease. ``Sec. 7106. Description of the Denver Federal Center ``As used in this chapter, the term `Denver Federal Center' means a parcel of land, located in section 9 and in the East half of the East half of the East half Section 8, Township 4 South, Range 69 West of the Sixth Principal Meridian, being more particularly described as follows: ``Commencing at the northeast corner of said section 9; ``thence S76 deg.38'34"W a distance of 779.20 feet to a point on the southerly right-of-way line of West 6th Avenue being also the true point of beginning; ``thence S45 deg.23'16"E a distance of 932.42 feet to a point on the westerly right-of-way line of Kipling Street; ``thence along the westerly right-of-way line of said Kipling Street the following three courses: ``thence S00 deg.23'16"E, a distance of 1806.59 feet; ``thence S00 deg.23'04"E, a distance of 2341.02 feet; ``thence S44 deg.37'45"W, a distance of 355.19 feet to a point on the northerly right-of-way line of West Alameda Avenue; ``thence along the northerly right-of-way line of said West Alameda Avenue the following three courses: ``thence S89 deg.23'50"W, a distance of 2298.81 feet; ``thence S89 deg.24'08"W, a distance of 2544.90 feet to a point of tangent curve; ``thence along said curve to the left an arc distance of 475.81 feet, having a central angle of 11 deg.38'25", a radius of 2342.00 feet and a chord bearing of S83 deg.31'57"W, a chord distance of 474.99 feet to a point on the south line of the southeast quarter of said section 8; ``thence S89 deg.37'30"W, along the said south line, a distance of 296.29 feet to a point on the westerly line of the east half of the east half of the east half of said section 8; ``thence along the westerly line of the east half of the east half of the east half of said section 8 the following two courses: ``thence N00 deg.00'10"W, a distance of 2634.40 feet; thence N00 deg.00'33"W, a distance of 2344.86 feet to a point on the southerly right-of-way line of West 6th Avenue; ``thence along said southerly right-of-way line the following five courses: ``thence N89 deg.44'33"E, a distance of 655.37 feet to a point on the westerly line of the northwest quarter of said section 9; ``thence N89 deg.44'33"E, a distance of 50.00 feet; ``thence N81 deg.11'33"E, a distance of 856.70 feet; ``thence N89 deg.14'41"E, a distance of 1741.83 feet; ``thence N89 deg.14'40"E, a distance of 1876.55 feet to the point of beginning. ``Said parcel contains 29,182,824 square feet or 669.95 acres, more or less. ``Note: For the purpose of this description the bearings are based on the east line of the northeast quarter of said section 9 bearing S00 deg.23'16"E, a distance of 2640.79 feet and monumented by a found 3\1/4\" aluminum cap marked `l.p.i. pls 34986' on the north end and by a found 3\1/4\" aluminum cap marked `vigil land consultants ls 20699' on the south end.''. SEC. 3. CONFORMING AMENDMENT. The index for part C of subtitle II of title 40, United States Code, is amended by inserting the following at the end thereof: ``Chapter 71--Denver Federal Center Development''.

Denver Federal Center Redevelopment Act - Authorizes the Administrator of General Services to enter into leases of Federal real property, including improvements thereon, with totally nonfederal entities to provide for the construction, rehabilitation, operation, maintenance, or use of all, or portions of, the Denver Federal Center. Lists terms and conditions for such a lease (master lease), including that it: (1) have as its primary purpose enhancing the value of the Center; (2) be negotiated pursuant to such procedures as the Administrator considers necessary to ensure the integrity of the selection process and to protect U.S. interests; (3) be for a term not to exceed 50 years; and (4) provide that all development risk remain with the nonfederal entity. Directs that a master lease be for fair consideration. Requires that net proceeds from a master lease be deposited into, administered, and expended, subject to appropriations Acts, as part of the Federal Building Fund. Authorizes the Administrator to retain from the proceeds of a master lease amounts necessary to recover the expenses incurred by the Administrator with respect to such lease.

To amend title 40, United States Code, to authorize the Administrator of General Services to lease and redevelop certain Federal property on the Denver Federal Center in Lakewood, Colorado.

SECTION 1. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS. (a) In General.--Section 212(a)(10)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) is amended-- (1) in subclause (I), by striking the comma at the end and inserting a semicolon; (2) in subclause (II), by striking ``, or'' at the end and inserting a semicolon; (3) by amending subclause (III) to read as follows: ``(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, cousin, uncle, aunt, nephew, niece, or grandparent of an alien described in clause (i), is an agent of such an alien, or is a principal employing such an alien as an agent, if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion; or'' and (4) by adding at the end the following: ``(IV) is a spouse of the abducted child described in clause (i), if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion, is inadmissible until such child is surrendered to the person granted custody by the order described in that clause, and such custodian and child are permitted to return to the United States or such custodian's place of residence.''. (b) Identification of Aliens Supporting Abductors and Relatives of Abductors; Notice to Custodial Parents and Guardians; Annual Report; Definitions.--Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amended by adding at the end the following: ``(iv) Identification of aliens supporting abductors and relatives of abductors.--In all instances in which an alien commits an act described in clause (i), the Secretary of State shall take appropriate action to identify the individuals who are inadmissible under clause (ii). ``(v) Notice to custodial parents and guardians.--In all instances in which an alien commits an act described in clause (i), the Secretary of State shall, upon request of the person granted custody of the child concerned, inform the person of whether, and when, any individual who is inadmissible under clause (ii) by reason of such act has been issued a visa or otherwise authorized to enter the United States. ``(vi) Annual report.--The Secretary of State annually shall submit to the Committee on International Relations, the Committee on Government Reform, and the Committee on the Judiciary of the United States House of Representatives, and the Committee on Foreign Relations, the Committee on Governmental Affairs, and the Committee on the Judiciary of the United States Senate, a report that provides, with respect to the preceding year, an accounting of the number of cases known to the Secretary of State, disaggregated according to the nationality of the alien concerned-- ``(I) in which an authority under this subparagraph was exercised (and with respect to each such case, the specific ground for inadmissibility shall be specified); and ``(II) in which an authority under this subparagraph has not been exercised but in which an alien, after entry of an order by a court in the United States granting custody to a person of a United States citizen child, detained or retained the child, or withheld custody of the child, outside the United States from the person granted custody by that order. ``(vii) Definitions.--For purposes of this subparagraph-- ``(I) the term `child' means an individual who was a child at the time the individual was detained or retained, or at the time custody of the individual was withheld, as described in clause (i), regardless of the age or marital status of the individual after such time; and ``(II) the term `sibling' includes a step-sibling or half-sibling.''.

Amends the Immigration and Nationality Act to prohibit the U.S. admission of aliens supporting international child abductors and relatives of such abductors until the child is surrendered to the legal custodian and such child and custodian are permitted to return to the United States or the custodian's residence. (Currently such prohibition applies to relatives of abductors.) Expands the scope of "relatives" to include cousins, uncles, aunts, nephews, nieces, and grandparents. Includes the spouse of the abducted child within such prohibition.Directs the Secretary of State to: (1) identify inadmissible aliens supporting child abductors and relatives of abductors; and (2) provide notice, upon request, to custodial parents and guardians if such an alien has been authorized to enter the United States.

To amend the Immigration and Nationality Act to render inadmissible to the United States the extended family of international child abductors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Capital and Accounting Standards Act of 2013''. SEC. 2. LEVERAGE AND RISK-BASED CAPITAL REQUIREMENTS. Subsection (b) of section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371(b)) is amended-- (1) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively; and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Insurance companies.-- ``(A) In general.--The minimum leverage capital requirements and the minimum risk-based capital requirements established under paragraphs (1) and (2) shall, for depository institution holding companies and nonbank financial companies supervised by the Board of Governors that is an insurance company, or that has one or more subsidiaries that are insurance companies-- ``(i) with respect to the insurance company, adhere to the regulatory accounting practices and procedures applicable to, and the capital structure of, such companies; and ``(ii) with respect to the insurance company, utilize the governing State law capital requirements for insurance companies. ``(B) Compliance with capital requirements under state law.-- ``(i) Presumption.--Any insurance company, insurance affiliate, or insurance subsidiary in compliance with applicable risk-based capital standards established under State law shall be presumed to satisfy any minimum capital requirements of this section. ``(ii) Determination of board with respect to presumption.--The Board of Governors may, on a case-by-case basis on the record, determine that the presumption in clause (i) should not apply, provided that the Board first establishes through rulemaking the general procedures and standards to be utilized for such proceedings. ``(iii) Effect of determination.--Where the Board of Governors makes a determination under clause (ii) that the presumption should not apply to a company, the requirements of subparagraphs (A), (C), and (D) remain applicable in establishing capital rules for such company. ``(C) Analysis of leverage and risk based capital requirements.--No requirements under paragraph (1) and (2) for a company described under subparagraph (A) shall apply unless the Board-- ``(i) carries out a cost-benefit analysis of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the analysis prior to any final rulemaking, and the Board of Governors determines that the benefits of applying the requirements outweigh the cost; and ``(ii) carries out a quantitative impact study of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the study prior to any final rulemaking, and only apply the requirements if the Board of Governors determines that the study shows the requirements are appropriate. ``(D) Rulemaking requirements.--Any rulemaking implementing paragraphs (1) and (2) shall separately incorporate and reflect the requirements provided for under subparagraphs (A), (B), and (C).''. SEC. 3. ACCOUNTING STANDARDS APPLICABLE TO INSURANCE COMPANIES. Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended by adding at the end the following: ``(h) Accounting Standards Applicable to Insurance Companies.--With respect to a nonbank financial company supervised by the Board of Governors that is an insurance company, the Board of Governors may not require the insurance company to comply with accounting standards, including generally accepted accounting principles, that are different than those regulatory accounting standards applicable to the insurance company under applicable State law.''. SEC. 4. SOLVENCY, CAPITAL, AND ACCOUNTING REQUIREMENTS FOR INSURANCE- BASED SAVINGS AND LOAN HOLDING COMPANIES. Section 10(g) of the Home Owners' Loan Act (12 U.S.C. 1467a(g)) is amended by adding at the end the following: ``(6) Solvency, capital, and accounting requirements for insurance-based savings and loan holding companies.-- ``(A) In general.--Notwithstanding any other provision of this section, in establishing capital standards required for a savings and loan holding company that is an insurance company or that has one or more subsidiaries that are insurance companies, the Board shall-- ``(i) with respect to the insurance company, adhere to the regulatory accounting practices and procedures applicable to, and the capital structure of, such company; ``(ii) with respect to the insurance company, utilize the governing State law capital requirements for insurers; and ``(iii) not require any insurance company to comply with accounting standards, including generally accepted accounting principles, that are different than those accounting standards the company is required to comply with by the company's State regulator. ``(B) Compliance with capital requirements under state law.-- ``(i) Presumption.--Any insurance company, insurance affiliate, or insurance subsidiary in compliance with applicable risk-based capital standards established under State law shall be presumed to satisfy any capital requirements of this Act. ``(ii) Determination of board with respect to presumption.--The Board may, on a case-by- case basis on the record, determine that the presumption in clause (i) should not apply, provided that the Board first establishes through rulemaking the general procedures and standards to be utilized for such proceedings. ``(iii) Effect of determination.--Where the Board makes a determination under clause (ii) that the presumption should not apply to a company, the requirements of subparagraphs (A), (C), and (D) remain applicable in establishing capital rules for such company. ``(C) Analysis of capital requirements.--No capital requirements under this Act for a company described under subparagraph (A) shall apply unless the Board-- ``(i) carries out a cost-benefit analysis of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the analysis prior to any final rulemaking, and the Board determines that the benefits of applying the requirements outweigh the cost; and ``(ii) carries out a quantitative impact study of the application of those requirements specific to a company described under subparagraph (A), including soliciting and reviewing public comment of the study prior to any final rulemaking, and only apply the requirements if the Board determines that the study shows the requirements are appropriate. ``(D) Rulemaking requirements.--Any rulemaking setting capital rules for companies described in subparagraph (A) shall separately incorporate and reflect the requirements provided for under subparagraphs (A), (B), and (C).''. SEC. 5. SOURCE OF STRENGTH. Section 38A of the Federal Deposit Insurance Act (12 U.S.C. 1831o- 1) is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following: ``(c) Insurance Regulator Consent.--In cases involving a depository institution holding company that is an insurance company or that has one or more subsidiaries that are insurance companies, before the appropriate Federal banking agency may require such insurance company to be used directly or indirectly as a source of financial strength pursuant to subsection (a) or (b), the appropriate Federal banking agency shall obtain-- ``(1) the consent of the insurance commissioner (or similar official charged with the principal responsibility of supervising the business of insurance within each State, territory, or insular possession of the United States) of the insurance company's domiciliary State; and ``(2) a certification from such commissioner that the commissioner considered the safety and soundness of the insurance company or subsidiary insurance company prior to providing such consent.''.

Insurance Capital and Accounting Standards Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) and the Home Owners' Loan Act to make minimum leverage and risk-based capital requirements governing insurance companies under the state law also apply to insurance companies that are either depository holding companies or subsidiaries of depository holding companies. Presumes any insurance company, insurance affiliate, or insurance subsidiary in compliance with applicable risk-based capital standards under state law also to be in compliance with minimum capital requirements of Dodd-Frank. Declares inapplicable to such companies the minimum leverage and risk-based capital requirements of Dodd-Frank unless the Board of Governors of the Federal Reserve System (Board) first determines that: (1) the benefits of applying those requirements outweigh their cost, and (2) a quantitative impact study shows such requirements to be appropriate. Prohibits the Board from requiring a nonbank financial company that is an insurance company under its supervision to comply with accounting standards that differ from regulatory accounting standards under state law. Amends the Federal Deposit Insurance Act (FDIA) to require a federal banking agency, before requiring a depository institution holding company that is an insurance company (or that has one or more subsidiaries that are insurance companies) to be used directly or indirectly as a source of financial strength for a subsidiary depository institution, to first obtain: (1) the consent of the domiciliary state insurance commissioner, and (2) a certification that the commissioner considered the safety and soundness of the insurance company or subsidiary insurance company before providing such consent.

Insurance Capital and Accounting Standards Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Carriage of International Mail Act''. SEC. 2. AIR CARRIAGE OF INTERNATIONAL MAIL. (a) Contracting Authority.--Section 5402 of title 39, United States Code, is amended by striking subsections (b) and (c) and inserting the following: ``(b) International Mail.-- ``(1) In general.-- ``(A) Except as otherwise provided in this subsection, the Postal Service may contract for the transportation of mail by aircraft between any of the points in foreign air transportation only with certificated air carriers. A contract may be awarded to a certificated air carrier to transport mail by air between any of the points in foreign air transportation that the Secretary of Transportation has authorized the carrier to serve either directly or through a code-share relationship with one or more foreign air carriers. ``(B) If the Postal Service has sought offers or proposals from certificated air carriers to transport mail in foreign air transportation between points, or pairs of points within a geographic region or regions, and has not received offers or proposals that meet Postal Service requirements at a fair and reasonable price from at least 2 such carriers, the Postal Service may seek offers or proposals from foreign air carriers. Where service in foreign air transportation meeting the Postal Service's requirements is unavailable at a fair and reasonable price from at least 2 certificated air carriers, either directly or through a code-share relationship with one or more foreign air carriers, the Postal Service may contract with foreign air carriers to provide the service sought if, when the Postal Service seeks offers or proposals from foreign air carriers, it also seeks an offer or proposal to provide that service from any certificated air carrier providing service between those points, or pairs of points within a geographic region or regions, on the same terms and conditions that are being sought from foreign air carriers. ``(C) For purposes of this subsection, the Postal Service shall use a methodology for determining fair and reasonable prices for the Postal Service designated region or regions developed in consultation with, and with the concurrence of, certificated air carriers representing at least 51 percent of available ton miles in the markets of interest. ``(D) For purposes of this subsection, ceiling prices determined pursuant to the methodology used under subparagraph (C) shall be presumed to be fair and reasonable if they do not exceed the ceiling prices derived from-- ``(i) a weighted average based on market rate data furnished by the International Air Transport Association or a subsidiary unit thereof; or ``(ii) if such data are not available from those sources, such other neutral, regularly updated set of weighted average market rates as the Postal Service, with the concurrence of certificated air carriers representing at least 51 percent of available ton miles in the markets of interest, may designate. ``(E) If, for purposes of subparagraph (D)(ii), concurrence cannot be attained, then the most recently available market rate data described in this subparagraph shall continue to apply for the relevant market or markets. ``(2) Contract process.--The Postal Service shall contract for foreign air transportation as set forth in paragraph (1) through an open procurement process that will provide-- ``(A) potential offerors with timely notice of business opportunities in sufficient detail to allow them to make a proposal; ``(B) requirements, proposed terms and conditions, and evaluation criteria to potential offerors; and ``(C) an opportunity for unsuccessful offerors to receive prompt feedback upon request. ``(3) Emergency or unanticipated conditions; inadequate lift space.--The Postal Service may enter into contracts to transport mail by air in foreign air transportation with a certificated air carrier or a foreign air carrier without complying with the requirements of paragraphs (b)(1) and (2) if-- ``(A) emergency or unanticipated conditions exist that make it impractical for the Postal Service to comply with such requirements; or ``(B) its demand for lift exceeds the space available to it under existing contracts and-- ``(i) there is insufficient time available to seek additional lift using procedures that comply with those requirements without compromising the Postal Service's service commitments to its own customers; and ``(ii) the Postal Service first offers any certificated air carrier holding a contract to carry mail between the relevant points the opportunity to carry such excess volumes under the terms of its existing contract. ``(c) Good Faith Effort Required.--The Postal Service and potential offerors shall put a good-faith effort into resolving disputes concerning the award of contracts made under subsection (b).''. (b) Conforming Amendments to Title 49.-- (1) Section 41901(a) is amended by striking ``39.'' and inserting ``39, and in foreign air transportation under section 5402(b) and (c) of title 39.''. (2) Section 41901(b)(1) is amended by striking ``in foreign air transportation or''. (3) Section 41902 is amended-- (A) by striking ``in foreign air transportation or'' in subsection (a); (B) by striking subsection (b) and inserting the following: ``(b) Statements on Places and Schedules.--Every air carrier shall file with the United States Postal Service a statement showing-- ``(1) the places between which the carrier is authorized to transport mail in Alaska; ``(2) every schedule of aircraft regularly operated by the carrier between places described in paragraph (1) and every change in each schedule; and ``(3) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each such place.''; (C) by striking ``subsection (b)(3)'' each place it appears in subsections (c)(1) and (d) and inserting ``subsection (b)(2)''; and (D) by striking subsections (e) and (f). (4) Section 41903 is amended by striking ``in foreign air transportation or'' each place it appears. (5) Section 41904 is amended-- (A) by striking ``to or in foreign countries'' in the section heading; (B) by striking ``to or in a foreign country'' and inserting ``between two points outside the United States''; and (C) by inserting after ``transportation.'' the following: ``Nothing in this section shall affect the authority of the Postal Service to make arrangements with noncitizens for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title 39.''. (6) Section 41910 is amended by striking the first sentence and inserting ``The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and -administrative computations necessary in the interest of mail service.''. (7) Chapter 419 is amended-- (A) by striking sections 41905, 41907, 41908, and 41911; and (B) redesignating sections 41906, 41909, 41910, and 49112 as sections 41905, 41906, 41907, and 41908, respectively. (8) The chapter analysis for chapter 419 is amended by redesignating the items relating to sections 41906, 41909, 41910, and 49112 as relating to sections 41905, 41906, 41907, and 41908, respectively. (9) Section 101(f) of title 39, United States Code, is amended by striking ``mail and shall make a fair and equitable distribution of mail business to carriers providing similar modes of transportation services to the Postal Service.'' and inserting ``mail.''. (10) Subsections (b) and (c) of section 3401 of title 39, United States Code, are amended-- (A) by striking ``at rates fixed and determined by the Secretary of Transportation in accordance with section 41901 of title 49'' and inserting ``or, for carriage of mail in foreign air transportation, other air carriers, air taxi operators or foreign air carriers as permitted by section 5402 of this title''; (B) by striking ``at rates not to exceed those so fixed and determined for scheduled United States air carriers''; (C) by striking ``scheduled'' each place it appears and inserting ``certificated''; and (D) by striking the last sentence in each such subsection. (11) Section 5402(a) of title 39, United States Code, is amended-- (A) by inserting ```foreign air carrier'.'' after ```interstate air transportation','' in paragraph (2); (B) by redesignating paragraphs (7) through (23) as paragraphs (8) through (24) and inserting after paragraph (6) the following: ``(7) the term `certificated air carrier' means an air carrier that holds a certificate of public convenience and necessity issued under section 41102(a) of title 49;''; (C) by redesignating paragraphs (9) through (24), as redesignated, as paragraphs (10) through (25), respectively, and inserting after paragraph (8) the following: ``(9) the term `code-share relationship' means a relationship pursuant to which any certificated air carrier or foreign air carrier's designation code is used to identify a flight operated by another air carrier or foreign air carrier;''; and (D) by inserting ``foreign air carrier,'' after ``terms'' in paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2008. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Air Carriage of International Mail Act - (Sec. 2) Authorizes the U.S. Postal Service to contract, through an open procurement process, for air transportation of mail between foreign points only with certificated air carriers (carriers that hold a certificate of public convenience and necessity issued under specified provisions). Allows a contract to be awarded to transport mail between any foreign points the Secretary of Transportation has authorized the carrier to serve either directly or through a code-share relationship. Requires that the Postal Service use a method for determining fair and reasonable prices developed in consultation with, and with the concurrence of, certificated air carriers representing at least 51% of available ton miles in the markets of interest. Presumes ceiling prices determined by that method to be fair and reasonable if they do not exceed the ceiling prices derived from a weighted average based on market rate data furnished by the International Air Transport Association (or its subsidiary unit) or such other neutral weighted average market rates as the Postal Service, with the concurrence of such air carriers representing at least 51% of available ton miles, may designate. Provides for exceptions for emergency or unanticipated conditions or inadequate lift space. Removes provisions requiring that the Secretary of Transportation set prices to be paid by the Postal Service for the transportation of mail by aircraft in foreign air transportation. Removes references to foreign air transportation from provisions relating to a duty to provide certain transportation of mail. Authorizes the Postal Service to weigh mail transported by aircraft between places in Alaska and make statistical and administrative computations necessary in the interest of mail service. (Current law does not restrict that authorization to flights between places in Alaska.) Removes a requirement that the Postal Service make a fair and equitable distribution of mail business to carriers providing similar modes of transportation. Modifies provisions regarding the mail of members of the U.S. Armed Forces and of friendly foreign nations.

A bill to amend section 5402 of title 39, United States Code, to modify the authority relating to United States Postal Service air transportation contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Justice Assurance Act of 2007''. SEC. 2. REPEAL OF TERM LIMITS FOR JUDGES OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. (a) In General.--Section 7253(c) of title 38, United States Code, is amended to read as follows: ``(c) Term of Office.--(1) Except as provided in paragraph (2), judges of the Court shall hold office during good behavior. ``(2) In the case of an individual who is serving a term of office as a judge of the Court on the date of the enactment of the Veterans' Justice Assurance Act of 2007, such term shall be 15 years. A judge who is nominated by the President for appointment to an additional term on the Court without a break in service and whose term of office expires while that nomination is pending before the Senate may continue in office for up to 1 year while that nomination is pending.''. (b) Conforming Amendment.--Section 7296(b)(2) of such title is amended by striking ``A judge who'' and inserting ``A judge who was appointed before the date of the enactment of the Veterans' Justice Assurance Act of 2007 and who''. SEC. 3. INCREASED SALARY FOR CHIEF JUDGE OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(e) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``Each judge''; and (2) by adding at the end the following new paragraph: ``(2) The annual salary rate under paragraph (1) for a judge shall be increased by $7,000 during any period that such judge is serving as chief judge of the Court.''. SEC. 4. PROVISIONS RELATING TO RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. (a) Elimination of Limit on Service of Retired Judges Who Voluntarily Serve More Than 90 Days.--Section 7257(b)(2) of title 38, United States Code, is amended by striking ``or for more than a total of 180 days (or the equivalent) during any calendar year''. (b) New Judges Recalled After Retirement Receive Pay of Current Judges Only During Periods of Recall.-- (1) In general.--Section 7296(c) of such title is amended by striking paragraph (1) and inserting the following: ``(1)(A) Except as provided in subparagraph (B), in the case of a judge who retires under subsection (b) of this section and elects under subsection (d) of this section to receive retired pay under this subsection, the retired pay of the judge shall (except as provided in paragraph (2) of this subsection and section 7257(d)(2) of this title) be the rate of pay applicable to that judge at the time of retirement (disregarding any increase in salary provided in accordance with section 7253(e)(2) of this title). ``(B) A judge who was appointed before the date of the enactment of the Veterans' Justice Assurance Act of 2007 and who retires under subsection (b) of this section and elects under subsection (d) of this section to receive retired pay under this subsection shall (except as provided in paragraph (2) of this subsection) receive retired pay as follows: ``(i) In the case of a judge who is a recall-eligible retired judge under section 7257 of this title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability, the retired pay of the judge shall be the pay of a judge of the court. ``(ii) In the case of a judge who at the time of retirement did not provide notice under section 7257 of this title of availability for service in a recalled status, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement. ``(iii) In the case of a judge who was a recall-eligible retired judge under section 7257 of this title and was removed from recall status under subsection (b)(3) of that section, the retired pay of the judge shall be the pay of the judge at the time of the removal from recall status.''. (2) Pay during period of recall.--Section 7257(d) of such title is amended to read as follows: ``(d)(1) The pay of a recall-eligible retired judge to whom section 7296(c)(1)(B) of this title applies is the pay specified in that section. ``(2) A judge who is recalled under this section who retired under chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this title applies shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount of the judge's annuity under the applicable provisions of chapter 83 or 84 of title 5 or the judge's annuity under section 7296(c)(1)(A) of this title, whichever is applicable.''. (3) Notice.--The last sentence of section 7257(a)(1) of such title is amended to read as follows: ``Such a notice provided by a retired judge to whom section 7296(c)(1)(B) of this title applies is irrevocable.''. (c) Limitation on Involuntary Recalls.--Section 7257(b)(3) of such title is amended by adding at the end the following new sentence: ``This paragraph shall not apply to-- ``(A) a judge to whom section 7296(c)(1)(A) of this title applies; or ``(B) a judge to whom section 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years (or the equivalent) of recalled service on the Court under this section.''. (d) Establishment of Caseload Thresholds for Determining When To Recall Retired Judges.--Section 7257(b) of such title is amended by adding at the end the following new paragraph: ``(5) For purposes of paragraph (1), the chief judge shall establish guidelines for determining whether recall-eligible retired judges should be recalled on either a voluntary or involuntary basis, taking into account such factors as the number of active judges, temporary or prolonged increases or decreases in caseload, and the complexity of the caseload. In establishing such guidelines, the chief judge shall, to the extent practicable, consult with the following: ``(A) Organizations recognized by the Secretary for the representation of veterans under section 5902 of this title. ``(B) The bar association of the Court. ``(C) The Secretary. ``(D) Such persons or entities the chief judge considers appropriate.''. SEC. 5. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND REGISTRATION FEES. Section 7285(a) of title 38, United States Code, is amended-- (1) in the first sentence, by inserting ``reasonable'' after ``impose a''; (2) in the second sentence, by striking ``, except that such amount may not exceed $30 per year''; and (3) in the third sentence, by inserting ``reasonable'' after ``impose a''. SEC. 6. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. (a) In General.--Subchapter III of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7288. Annual report ``(a) In General.--The chief judge of the Court shall submit annually to the appropriate committees of Congress a report summarizing the workload of the Court for the last fiscal year that ended before the submission of such report. Such report shall include, with respect to such fiscal year, the following information: ``(1) The number of appeals filed. ``(2) The number of petitions filed. ``(3) The number of applications filed under section 2412 of title 28. ``(4) The number and type of dispositions. ``(5) The median time from filing to disposition. ``(6) The number of oral arguments. ``(7) The number and status of pending appeals and petitions and of applications described in paragraph (3). ``(8) A summary of any service performed by recalled retired judges during the fiscal year and an analysis of whether any of the caseload guidelines established under section 7257(b)(5) of this title were met during the fiscal year. ``(b) Appropriate Committees of Congress Defined.--In this section, the term `appropriate committees of Congress' means the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 72 of such title is amended by inserting after the item related to section 7287, the following new item: ``7288. Annual report.''. SEC. 7. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. (a) Findings.--Congress finds the following: (1) The United States Court of Appeals for Veterans Claims is currently located in the District of Columbia in a commercial office building that is also occupied by other Federal tenants. (2) In February 2006, the General Services Administration provided Congress with a preliminary feasibility analysis of a dedicated Veterans Courthouse and Justice Center that would house the Court and other entities that work with the Court. (3) In February 2007, the Court notified Congress that the ``most cost-effective alternative appears to be leasing substantial additional space in the current location'', which would ``require relocating other current government tenants'' from that building. (4) The February 2006 feasibility report of the General Services Administration does not include an analysis of whether it would be feasible or desirable to locate a Veterans Courthouse and Justice Center at the current location of the Court. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Court of Appeals for Veterans Claims should be provided with appropriate office space to meet its needs, as well as to provide the image, security, and stature befitting a court that provides justice to the veterans of the United States; and (2) in providing that space, Congress should avoid undue disruption, inconvenience, or cost to other Federal entities. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services 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 feasibility of-- (A) leasing additional space for the United States Court of Appeals for Veterans Claims within the building where the Court was located on the date of the enactment of this Act; and (B) using the entirety of such building as a Veterans Courthouse and Justice Center. (2) Contents.--The report required by paragraph (1) shall include a detailed analysis of the following: (A) The impact that the matter analyzed in accordance with paragraph (1) would have on Federal tenants of the building used by the Court. (B) Whether it would be feasible to relocate such Federal tenants into office space that offers similar or preferable cost, convenience, and usable square footage. (C) If relocation of such Federal tenants is found to be feasible and desirable, an analysis of what steps should be taken to convert the building into a Veterans Courthouse and Justice Center and a time line for such conversion. (3) Comment period.--The Administrator shall provide an opportunity to such Federal tenants-- (A) before the completion of the report required by paragraph (1), to comment on the subject of the report required by such paragraph; and (B) before the Administrator submits the report required by paragraph (1) to the congressional committees specified in such paragraph, to comment on a draft of such report.

Veterans' Justice Assurance Act of 2007 - Repeals, for judges appointed after the enactment of this Act, the 15-year term limit for members of the U.S. Court of Appeals for Veterans Claims (Court). Increases the annual salary for the Court's chief judge. Eliminates the 180-day per-year limit on service of retired Court judges who voluntarily return to such service. Requires recalled judges to receive the pay of current judges only during the period of recall, less the amount of any applicable annuity. Prohibits recall service in excess of five years for judges who are recalled involuntarily. Requires the chief judge to establish guidelines for determining whether recall-eligible judges should be recalled on either a voluntary or involuntary basis. Removes the $30 annual limit on practice and registration fees for those admitted to practice before the Court. Requires an annual report from the chief judge to the congressional veterans' committees summarizing the Court's workload. Expresses the sense of Congress that the Court should be provided with appropriate office space, without undue disruption, inconvenience, or cost. Requires a report from the Administrator of General Services to the veterans' committees on the feasibility of leasing additional space for the Court, and using the entire building in which the Court is now housed as a Veterans Courthouse and Justice Center.

A bill to amend title 38, United States Code, to modify the salary and terms of judges of the United States Court of Appeals for Veterans Claims, to modify authorities for the recall of retired judges of such court, and for other purposes.

SECTION 1. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) in section 801(d)(1), by inserting ``and section 804'' after ``paragraph (2)''; and (2) by adding at the end the following: ``SEC. 804. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE. ``(a) General Authority With Respect to Personal Baggage.-- ``(1) Regulations.-- ``(A) In general.--Notwithstanding sections 301(d), 301(t), and 801(a), the Secretary shall promulgate regulations permitting individuals to import into the United States from Canada, in personal baggage, a covered product that meets-- ``(i) the conditions described in subparagraph (B); and ``(ii) such additional criteria as the Secretary may specify in order to ensure the safety of patients in the United States. ``(B) Conditions.--A covered product may be imported under such regulations if-- ``(i) the intended use of the product is appropriately identified; ``(ii) the product is not considered to represent a significant health risk (as determined by the Secretary without any consideration given to the cost or availability of such a product in the United States); and ``(iii) the individual seeking to import the product-- ``(I) affirms in writing that the product is for the personal use of the individual; ``(II) seeks to import an amount of the product appropriate for personal use, such as a 3-month supply; and ``(III) provides the name and address of a health professional licensed to prescribe drugs in the United States that is responsible for treatment with the product or provides evidence that the product is for the continuation of a treatment begun in a foreign country. ``(IV) provides a detailed description of the covered product being imported, including the name, amount, and market value of the product; ``(V) provides the time when and the place where the covered product is purchased; ``(VI) provides the port of entry to which the covered product is destined; ``(VII) provides the name, address, and telephone number of the individual who is importing the covered product; and ``(VIII) provides any other information that the Secretary determines to be necessary, including such information as the Secretary determines to be appropriate to identify the facility in which the product was manufactured. ``(2) Promulgation.--In promulgating regulations under paragraph (1), the Secretary shall consult with the United States Trade Representative and the Commissioner of Customs. ``(b) General Authority With Respect to Mail Order.-- ``(1) Regulations.--Notwithstanding sections 301(d), 301(t), and 801(a), the Secretary shall promulgate regulations permitting individuals to import into the United States from Canada, by mail order, a covered product that meets such criteria as the Secretary specifies to ensure the safety of patients in the United States. The Secretary shall refer to the criteria described in subsection (a)(1), and, to the extent practicable, use such criteria as a guide in promulgating such regulations. ``(2) Promulgation.--In promulgating regulations under paragraph (1), the Secretary shall consult with the United States Trade Representative and the Commissioner of Customs. ``(3) Records.--Any information documenting the importation of a covered product under the regulations described in paragraph (1) shall be gathered and maintained by the Secretary for such period as the Secretary determines to be appropriate. ``(c) Study and Report.-- ``(1) Study.--The Secretary shall conduct a study on the imports permitted under this section, taking into consideration the information received under subsections (a)(4) and (b)(3). In conducting the study, the Secretary shall evaluate the safety and purity of the products imported, and other patent and trade issues that may have an effect on the safety or availability of such products. ``(2) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall prepare and submit to Congress a report containing the study described in paragraph (1). ``(d) Construction.--Nothing in this section shall be construed to limit the statutory, regulatory, or enforcement authority of the Secretary relating to importation of covered products, other than the importation described in subsections (a) and (b). ``(e) Limitation.--Information collected pursuant to this section shall be subject to the provisions of section 522a of title 5, United States Code (commonly known as the `Privacy Act of 1974'). ``(f) Definitions.--In this section: ``(1) Covered product.--The term `covered product' means a prescription drug under section 503(b)(1). ``(2) Market value.--The term `market value' means the price actually paid for the covered product in Canada or, in the case of a gift, the price at which the covered product is being sold in Canada.''.

Allows importation of such product if: (1) the intended use is appropriately identified; (2) the product is not considered to represent a significant health risk; and (3) the individual seeking to import the product affirms that it is for personal use, seeks only to import enough for personal use, describes the product and identifies its importer, and provides the name and address of a licensed health professional responsible for treatment with the product or provides evidence that the product continues a treatment begun in a foreign country. Requires the Secretary to study and report to Congress on such permitted imports.

A bill to amend the Federal Food, Drug, and cosmetic Act to permit importation in personal baggage and through mail order of certain covered products for personal use from Canada, and for other purposes.

SECTION 1. SMALL BUSINESS EXCLUSION. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION FOR SMALL BUSINESSES AND FAMILY FARMS. ``(a) In General.--The value of the gross estate shall not include the value of the qualified small business or family farm interests of the decedent otherwise includible in the estate. ``(b) Qualified Small Business or Family Farm Interest.-- ``(1) In general.--For purposes of this section, the term `qualified small business or family farm interest' means-- ``(A) any interest in a closely held business which is the business of farming, if the decedent was actively engaged in such business, and ``(B) any interest in a small business, if more than 40 percent of the adjusted value of the gross estate consists of the value of interests in a closely held business. ``(2) Limitation.--Such term shall not include any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)). ``(3) Rules regarding ownership.-- ``(A) Ownership of entities.--For purposes of paragraph (1)-- ``(i) Corporations.--Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. ``(ii) Partnerships.--Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. ``(B) Ownership of tiered entities.--For purposes of this section, if by reason of holding an interest in a trade or business, a decedent or any member of the decedent's family is treated as holding an interest in any other trade or business-- ``(i) such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified small business interest, and ``(ii) this section shall be applied separately in determining if such interest in any other trade or business is a qualified small business interest. ``(C) Individual ownership rules.--For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph (1) shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Interest in closely held business.--The term `interest in a closely held business' has the meaning given such term by section 6166(b). ``(2) Interest in a small business.--The term `interest in a small business' means an interest in a closely held business, as defined in section 6166(b), provided such a business has 100 or fewer employees. For purposes of the preceding sentence, any persons whose relationship is described in section 267(b) or section 707(b) shall be treated as one business. ``(3) Adjusted gross estate.--The term `adjusted value of the gross estate' means the value of the gross estate (determined without regard to this section) reduced by any amount deductible under paragraph (3) or (4) of section 2053(a). ``(4) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(e)(10) (relating to community property). ``(D) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(E) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(5) Coordination with other estate tax benefits.--If there is a reduction in the value of the gross estate under this section-- ``(A) the dollar limitation applicable under section 2032A(a)(2), and ``(B) the $1,000,000 dollar amount under section 6601(j)(2) (as adjusted), shall each be reduced (but not below zero) by the amount of such reduction.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion for small businesses and family farms.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2000.

Amends the Internal Revenue Code to exclude from the gross estate of an individual the value of the "qualified small business or family farm interest" (as defined by this Act) otherwise includible in the estate. Sets forth rules regarding ownership and personal holding company limitations.

To amend the Internal Revenue Code of 1986 to repeal the death tax for family farms and small businesses.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Child Savings Account Act''. (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. TITLE I--SAVINGS INCENTIVES FOR AMERICA'S CHILDREN SEC. 101. ESTABLISHMENT OF CHILD SAVINGS ACCOUNTS WITHIN ROTH IRAS. (a) In General.--Section 408A (relating to Roth IRAs) is amended by adding at the end the following new subsection: ``(g) Child Savings Account.-- ``(1) In general.--If the individual on whose behalf a Roth IRA was established has not attained the age of 17 before the close of any calendar year-- ``(A) the Roth IRA shall be treated as a Child Savings Account for the taxable year, and ``(B) this section shall be applied to the Roth IRA for the taxable year with the modifications provided in paragraphs (2) and (3). ``(2) Waiver of earned income requirement.--For purposes of subsection (c)(2)(A), the maximum amount allowable as a deduction under section 219 shall be computed without regard to the compensation limitation of section 219(b)(1)(B). ``(3) Rollover where account holder dies before age 30.--If an individual on whose behalf a Roth IRA was established dies before attaining the age of 30-- ``(A) the transfer of the individual's interest in a Roth IRA to a member of the individual's family (within the meaning of section 529(e)(2)) shall not be considered a taxable transfer for purposes of this title, and ``(B) such interest shall, on and after the date of the transfer, be treated as a Roth IRA maintained for the benefit of the family member and not of the individual.'' (b) Conforming Amendments.-- (1) Section 408(a)(1) is amended by striking ``or 403(b)(8)'' and inserting ``, 403(b)(8), or 408A(g)(3)''. (2) Section 408(d)(3)(C)(ii)(II) is amended by inserting ``or in the case of a Roth IRA, a member of the same family of such other individual''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 102. ADDITIONAL CHILD CREDIT FOR CONTRIBUTIONS TO CHILD SAVINGS ACCOUNTS BY TAXPAYERS NOT ELIGIBLE FOR ENTIRE CHILD CREDIT. (a) In General.--Section 24 (relating to child tax credit) is amended by adding at the end the following new subsection: ``(g) Additional Refundable Credit for Contributions to Child Savings Accounts.-- ``(1) In general.--The aggregate credits allowed under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and subsection (d) and the limitation under section 26(a), or ``(B) the amount of the contributions to child savings accounts of qualifying children of the taxpayer for the taxable year to the extent such contributions do not exceed $100 multiplied by the number of qualifying children. ``(2) Limitation.--In no event shall the amount of the increase under paragraph (1) exceed-- ``(A) the aggregate amount of credits allowed by this subpart in excess of the limitation imposed by section 26(a), reduced by ``(B) any additional credits allowed by subsection (d). ``(3) Coordination.--The credit under this subsection shall not be taken into account in applying subsection (d) and section 32(n) (relating to supplemental child credit).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 103. TAX-FREE DISTRIBUTIONS FOR ELEMENTARY, SECONDARY, AND COLLEGE EDUCATION. (a) In General.--Section 408A(d)(5) (defining qualified special purpose distribution) is amended to read as follows: ``(5) Qualified special purpose distribution.--For purposes of this section-- ``(A) In general.--The term `qualified special purpose distribution' means any of the following distributions: ``(i) Distributions described in subparagraph (F) of section 72(t)(2) (relating to first home purchases). ``(ii) Distributions to the extent such distributions do not exceed the qualified education expenses of the taxpayer for the taxable year. ``(B) Qualified education expenses.-- ``(i) In general.--The term `qualified education expenses' means-- ``(I) qualified higher education expenses (as defined in section 72(t)(7)), ``(II) qualified elementary and secondary education expenses, and ``(III) amounts paid or incurred during the taxable year to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account, the beneficiary's spouse, or any child (as defined in section 151(c)(3)) or grandchild of the beneficiary or spouse. ``(ii) Limitation.--The aggregate amount treated as qualified education expenses for any taxable year shall not exceed an amount equal to the excess (if any) of-- ``(I) ____ percent of the fair market value of the assets in the Roth IRA as of the close of the calendar year preceding the calendar year in which the taxable year begins, over ``(II) distributions described in subparagraph (F) of section 72(t)(2) (relating to first home purchases) for the taxable year. ``(C) Qualified elementary and secondary education expenses.-- ``(i) In general.--The term `qualified elementary and secondary education expenses' means-- ``(I) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust, or of the child or grandchild of the beneficiary of the account or beneficiary's spouse, as an elementary or secondary school student at a public, private, or religious school, or ``(II) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance. ``(ii) Special rule for home- schooling.--Such term shall include expenses described in clause (i) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(iii) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.'' (b) Additional Tax Not To Apply to Education Expenses.--Section 72(t)(2) is amended by adding at the end the following new subparagraph: ``(G) Certain education expenses in case of a roth ira.--Distributions to an individual from a Roth IRA which are described in subclause (II) or (III) of section 408A(d)(5)(B)(i). Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraphs (A), (C), (D), (E), or (F) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B). (c) Repeal of Education IRAs.-- (1) In general.--Section 530 (relating to education individual retirement accounts) is repealed. (2) Conforming amendments.-- (A) Section 25A(e) is amended to read as follows: ``(e) Election To Have Section Apply.--No credit shall be allowed under subsection (a) for a taxable year with respect to the qualified and tuition-related expenses of an individual unless the taxpayer elects to have this section apply to the individual for the taxable year.'' (B) Section 26(b)(2) is amended by striking subparagraph (E) and by redesignating subparagraphs (F) through (Q) as subparagraphs (E) through (P), respectively. (C) Section 72(e)(9) is amended to read as follows: ``(9) Extension of paragraph (2)(b) to qualified state tuition programs.--Notwithstanding any other provision of this subsection, paragraph (2)(B) shall apply to amounts received under a qualified State tuition program (as defined in section 529(b)). The rule of paragraph (8)(B) shall apply for purposes of this paragraph.'' (D) Section 135(c)(2)(C) is amended-- (i) by striking ``, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,'', and (ii) by striking ``and education individual retirement accounts'' in the heading thereof. (E) Section 135(d)(2) is amended by striking ``by-- '' and all that follows and inserting ``by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.'' (F) Section 221(e)(2)(A) is amended by striking ``, 135, or 530'' and inserting ``or 135''. (G) Section 4973(a) is amended by inserting ``or'' at the end of paragraph (2), by striking ``or'' at the end of paragraph (3), and by striking paragraph (4). (H) Section 4973 is amended by striking subsection (e) and by redesignating subsection (f) as subsection (e). (I) Section 4975(c) is amended by striking paragraph (5). (J) Section 4975(e)(1) is amended by inserting ``or'' at the end of subparagraph (D), by striking subparagraph (E), and by redesignating subparagraph (F) as subparagraph (E). (K) Section 6693(a)(2) is amended by inserting ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). (L) The table of sections for part VIII of subchapter F of chapter 1 is amended by striking the item relating to section 530. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 1999 (and earnings allocable thereto). (2) Rollovers from education iras to roth iras.--For purposes of section 530(d)(5) of the Internal Revenue Code of 1986 (as in effect before its repeal by this section), any amount received from an education individual retirement account which is paid into a Roth IRA within the prescribed time shall be treated as if it were paid into another education individual retirement account. TITLE II--EXPANSION OF AVAILABILITY OF IRAS SEC. 201. INFLATION ADJUSTMENT FOR DEDUCTIBLE AMOUNT. (a) In General.--Section 219 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Cost-of-Living Adjustments.--In the case of any taxable year beginning in a calendar year after 1998, the $2,000 amount under subsection (b)(1)(A) shall be increased by an amount equal to the product of $2,000 and the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, except that subparagraph (B) thereof shall be applied by substituting `1998' for `1992'. If the amount to which $2,000 would be increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500.'' (b) Conforming Amendments.-- (1) Section 408(a)(1) is amended by striking ``in excess of $2,000 on behalf of any individual'' and inserting ``on behalf of any individual in excess of the amount in effect for such taxable year under section 219(b)(1)(A)''. (2) Section 408(b)(2)(B) is amended by striking ``$2,000'' and inserting ``the dollar amount in effect under section 219(b)(1)(A)''. (3) Section 408(b) is amended by striking ``$2,000'' in the matter following paragraph (4) and inserting ``the dollar amount in effect under section 219(b)(1)(A)''. (4) Section 408(j) is amended by striking ``$2,000''. (5) Section 408(p)(8) is amended by striking ``$2,000'' and inserting ``the dollar amount in effect under section 219(b)(1)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 202. REPEAL OF ADJUSTED GROSS INCOME LIMITATIONS ON CONTRIBUTIONS AND ROLLOVERS TO ROTH IRAS. (a) In General.--Section 408A(c) is amended by striking paragraph (3) and by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. (b) Repeal of Nondeductible Contributions.-- (1) Subsection (f) of section 219 is amended by striking paragraph (7). (2) Paragraph (5) of section 408(d) is amended by striking the last sentence. (3) Section 408(o) is amended by adding at the end the following new paragraph: ``(5) Termination.--This subsection shall not apply to any designated nondeductible contribution for any taxable year beginning after December 31, 1999.'' (4) Subsection (b) of section 4973 is amended by striking the last sentence. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Title II: Expansion of Availability of IRAs - Provides for an inflation adjustment to the IRA deductible amount. Repeals the adjusted gross limitation on contributions and rollovers to Roth IRAs.

Child Savings Account Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caging Prohibition Act of 2008''. SEC. 2. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED. (a) In General.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 618. Voter caging and other questionable challenges ``(a) Definitions.--In this section-- ``(1) the term `voter caging document' means-- ``(A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or ``(B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; ``(2) the term `voter caging list' means a list of individuals compiled from voter caging documents; and ``(3) the term `unverified match list' means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, or otherwise; unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. ``(b) Prohibition Against Voter Caging.--No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of-- ``(1) a voter caging document or voter caging list; ``(2) an unverified match list; ``(3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual's eligibility to vote under section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or ``(4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote. ``(c) Requirements for Challenges by Persons Other Than Election Officials.-- ``(1) Attestation of first-hand knowledge of ineligibility.--No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal, first-hand knowledge regarding the grounds for ineligibility which is-- ``(A) documented in writing; and ``(B) subject to an oath or attestation under penalty of perjury that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election. ``(2) Prohibiting challenges based on certain evidence.--No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office if the basis for such challenge is evidence consisting of-- ``(A) a voter caging document or voter caging list; ``(B) an unverified match list; ``(C) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual's eligibility to vote under section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or ``(D) any other evidence so designated for purposes of this section by the Election Assistance Commission. ``(d) Penalties for Knowing Misconduct.--Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 5 years, or both, for each such violation. Each violation shall be a separate offense. ``(e) No Effect on Related Laws.--Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) or to affect the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``618. Voter caging and other questionable challenges.''. SEC. 3. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

Caging Prohibition Act of 2008 - Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any election for federal office, or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote; or (4) any other evidence so designated by the Election Assistance Commission. Defines "voter caging document" as: (1) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver it to the address of a registered voter or applicant; or (2) any document with instructions to an addressee that the document be returned to a sender or third party but is not so returned, despite an attempt to deliver it to the address of a registered voter, unless at least two federal election cycles have passed since the date of the attempted delivery. Defines "unverified match list" as a list produced by matching the information of registered voters or applicants to a list of individuals ineligible to vote in the registrar's jurisdiction due to death, conviction, change of address, or otherwise, unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. Requires any private individual who challenges the right of another citizen to vote to set forth in writing, under penalty of perjury, personal, first-hand knowledge establishing the grounds for ineligibility.

To amend title 18, United States Code, to prevent the election practice known as caging, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Investment Research Act of 2015''. SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH. (a) Expansion of Safe Harbor.--Not later than the end of the 45-day period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall propose, and not later than the end of the 120-day period beginning on such date, the Commission shall adopt, upon such terms, conditions, or requirements as the Commission may determine necessary or appropriate in the public interest, for the protection of investors, and for the promotion of capital formation, revisions to section 230.139 of title 17, Code of Federal Regulations, to provide that a covered investment fund research report-- (1) shall be deemed, for purposes of sections 2(a)(10) and 5(c) of the Securities Act of 1933, not to constitute an offer for sale or an offer to sell a security that is the subject of an offering pursuant to a registration statement that the issuer proposes to file, or has filed, or that is effective, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities; and (2) shall be deemed to satisfy the conditions of subsection (a)(1) or (a)(2) of section 230.139 of title 17, Code of Federal Regulations, or any successor provisions, for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization. (b) Implementation of Safe Harbor.--In implementing the safe harbor pursuant to subsection (a), the Commission shall-- (1) not, in the case of a covered investment fund with a class of securities in substantially continuous distribution, condition the safe harbor on whether the broker's or dealer's publication or distribution of a covered investment fund research report constitutes such broker's or dealer's initiation or reinitiation of research coverage on such covered investment fund or its securities; (2) not-- (A) require the covered investment fund to have been registered as an investment company under the Investment Company Act of 1940 or subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 for any period exceeding twelve months; or (B) impose a minimum float provision exceeding that referenced in subsection (a)(1)(i)(A)(1)(i) of section 230.139 of title 17, Code of Federal Regulations; (3) provide that a self-regulatory organization may not maintain or enforce any rule that would-- (A) condition the ability of a member to publish or distribute a covered investment fund research report on whether the member is also participating in a registered offering or other distribution of any securities of such covered investment fund; (B) condition the ability of a member to participate in a registered offering or other distribution of securities of a covered investment fund on whether the member has published or distributed a covered investment fund research report about such covered investment fund or its securities; or (C) require the filing of a covered investment fund research report with such self-regulatory organization; and (4) provide that a covered investment fund research report shall not be subject to sections 24(b) or 34(b) of the Investment Company Act of 1940 or the rules and regulations thereunder. (c) Rules of Construction.--Nothing in this Act shall be construed as in any way limiting-- (1) the applicability of the antifraud provisions of the Federal securities laws; or (2) the authority of any self-regulatory organization to examine or supervise a member's practices in connection with such member's publication or distribution of a covered investment fund research report for compliance with otherwise applicable provisions of the Federal securities laws or self- regulatory organization rules. (d) Interim Effectiveness of Safe Harbor.--From and after the 120- day period beginning on the date of enactment of this Act, if the Commission has not met its obligations pursuant to subsection (a) to adopt revisions to section 230.139 of title 17, Code of Federal Regulations, and until such time as the Commission has done so, a covered investment fund research report published or distributed by a broker or dealer after such date shall be deemed to meet the requirements of section 230.139 of title 17, Code of Federal Regulations, and to satisfy the conditions of subsection (a)(1) or (a)(2) thereof for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization, as if revised and implemented in accordance with subsections (a) and (b). (e) Definitions.--For purposes of this Act: (1) Covered investment fund research report.--The term ``covered investment fund research report'' means a research report published or distributed by a broker or dealer about a covered investment fund or any of its securities. (2) Covered investment fund.--The term ``covered investment fund'' means-- (A) an investment company registered under, or that has filed an election to be treated as a business development company under, the Investment Company Act of 1940 and that has filed a registration statement under the Securities Act of 1933 for the public offering of a class of its securities, which registration statement has been declared effective by the Commission; and (B) a trust or other person-- (i) that has a class of securities listed for trading on a national securities exchange; (ii) the assets of which consist primarily of commodities, currencies, or derivative instruments that reference commodities or currencies, or interests in the foregoing; and (iii) that allows its securities to be purchased or redeemed, subject to conditions or limitations, for a ratable share of its assets. (3) Research report.--The term ``research report'' has the meaning given to that term under section 2(a)(3) of the Securities Act of 1933, except that such term shall not include an oral communication. (4) Self-regulatory organization.--The term ``self- regulatory organization'' has the meaning given to that term under section 3(a)(26) of the Securities Exchange Act of 1934.

. Fair Access to Investment Research Act of 2015 (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that, even if a broker or dealer participates in the registered offering of a covered investment fund's securities, the investment fund research report shall not be deemed to constitute an offer for sale nor an offer to sell a security that is the subject of the offering pursuant to a registration statement that the issuer proposes to file, or has filed, or that is effective. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor.

Fair Access to Investment Research Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code of Conduct on Arms Transfers Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Approximately 40,000,000 people, over 75 percent civilians, died as a result of civil and international wars fought with conventional weapons during the 45 years of the cold war, demonstrating that conventional weapons can in fact be weapons of mass destruction. (2) Conflict has actually increased in the post cold war era, with 26 wars in progress during 1992. (3) War is both a human tragedy and an ongoing economic disaster affecting the entire world, including the United States and its economy, because it decimates both local investment and potential export markets. (4) International trade in conventional weapons increases the risk and impact of war in an already over-militarized world, creating far more costs than benefits for the United States economy through increased United States defense and foreign assistance spending and reduced demand for United States civilian exports. (5) The newly established United Nations Register of Conventional Arms can be an effective first step in support of limitations on the supply of conventional weapons to developing countries and compliance with its reporting requirements by a foreign government can be an integral tool in determining the worthiness of such government for the receipt of United States military assistance and arms transfers. (6) It is in the national security and economic interests of the United States to reduce dramatically the $1,000,000,000,000 that all countries spend on armed forces every year, $200,000,000,000 of which is spent by developing countries, an amount equivalent to 4 times the total bilateral and multilateral foreign assistance such countries receive every year. (7) According to the Congressional Research Service, the United States supplies more conventional weapons to developing countries than all other countries combined, averaging $15,600,000,000 a year in agreements to supply such weapons to developing countries since the end of the cold war, compared to $7,000,000,000 a year in such agreements prior to the dissolution of the Soviet Union. (8) In recent years the vast majority of United States arms transfers to developing countries are to countries with an undemocratic form of government whose citizens, according to the Department of State Country Reports on Human Rights Practices do not have the ability to peaceably change their form of government. (9) Although a goal of United States foreign policy should be to work with foreign governments and international organizations to reduce militarization and dictatorship and therefore prevent conflicts before they arise, during 3 recent deployments of United States Armed Forces--to the Republic of Panama, the Persian Gulf, and Somalia--such Armed Forces faced conventional weapons that had been provided or financed by the United States to undemocratic governments. (10) The proliferation of conventional arms and conflicts around the globe are multilateral problems, and the fact that the United States has emerged as the world's primary seller of conventional weapons, combined with the world leadership role of the United States, signifies that the United States is in a position to seek multilateral restraints on the competition for and transfers of conventional weapons. (11) Congress has the constitutional responsibility to participate with the executive branch in decisions to provide military assistance and arms transfers to a foreign government, and in the formulation of a policy designed to reduce dramatically the level of international militarization. (12) A decision to provide military assistance and arms transfers to a government that is undemocratic, does not adequately protect human rights, is currently engaged in acts of armed aggression, or is not fully participating in the United Nations Register of Conventional Arms, should require a higher level of scrutiny than does a decision to provide such assistance and arms transfers to a government to which these conditions do not apply. SEC. 3. PURPOSE. The purpose of this Act is to provide clear policy guidelines and congressional responsibility for determining the eligibility of foreign governments to be considered for United States military assistance and arms transfers. SEC. 4. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS. (a) Prohibition.--Except as provided in subsections (b) and (c), United States military assistance and arms transfers may not be provided to a foreign government for a fiscal year unless the President certifies to the Congress for that fiscal year that such government meets the following requirements: (1) Promotes democracy.--Such government-- (A) was chosen in free and fair elections and permits free and fair elections to take place; (B) promotes civilian control of the military and security forces, and has civilian institutions that determine national security policy and control the operations and spending of the armed forces, security forces, and police or other law enforcement forces; (C) promotes the rule of law, equality before the law, and respect for individual and minority rights, including freedom to speak, publish, associate, and organize; (D) promotes the strengthening of the political and civil infrastructure of democracy, including democratic legislatures and local government structures and institutions of civil society that emphasize pluralism and autonomy from the central government; and (E) promotes strong internal and autonomous institutions and groups to monitor the conduct of public officials and to combat corruption. (2) Respects human rights.--Such government-- (A) does not engage in gross violations of internationally recognized human rights, including-- (i) extra judicial or arbitrary executions; (ii) disappearances; (iii) torture or severe mistreatment; (iv) prolonged arbitrary imprisonment; (v) systematic official discrimination on the basis of race, ethnicity, religion, gender, or national origin; and (vi) grave breaches of international laws of war or equivalent violations of the laws of war in internal conflicts; (B) vigorously investigates, disciplines, and prosecutes those responsible for gross violations of internationally recognized human rights; (C) permits access on a regular basis to political prisoners by international humanitarian organizations such as the International Committee of the Red Cross; (D) promotes the independence of the judiciary and other official bodies that oversee the protection of human rights; (E) does not impede the free functioning of domestic and international human rights organizations; and (F) provides access on a regular basis to humanitarian organizations in situations of conflict or famine. (3) Not engaged in certain acts of armed aggression.--Such government is not currently engaged in acts of armed aggression in violation of international law. (4) Full participation in u.n. register of conventional arms.--Such government is fully participating in the United Nations Register of Conventional Arms by annually reporting to such Register-- (A) the number and type of conventional weapons that such government possessed during the preceding year; and (B) the number and type of conventional weapons transferred to and from the country of such government during the preceding year. (b) Requirement for Continuing Compliance.--Any certification with respect to a foreign government for a fiscal year under subsection (a) shall cease to be effective for that fiscal year if the President certifies to the Congress that such government has not continued to comply with the requirements contained in paragraphs (1) through (4) of such subsection. (c) Exemption.--The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if-- (1) the President submits a request for an exemption to the Congress containing a determination that it is in the national security interest of the United States to provide military assistance and arms transfers to such government; and (2) the Congress enacts a law approving such exemption request. (d) Notification to Congress.--The President shall submit to the Congress initial certifications under subsection (a) and requests for exemptions under subsection (c) in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance programs for a fiscal year and shall, where appropriate, submit additional or amended certifications and requests for exemptions at any time thereafter in the fiscal year. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate should hold hearings on controversial certifications submitted under section 4(a) and all requests for exemptions submitted under section 4(c). SEC. 6. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED. For purposes of this Act, the terms ``United States military assistance and arms transfers'' and ``military assistance and arms transfers'' mean-- (1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under sections 516 through 519 of that Act; (2) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training); (3) assistance under the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act; or (4) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, including defense articles and defense services licensed or approved for export under section 38 of that Act.

Code of Conduct on Arms Transfers Act of 1993 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen in free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms by annually reporting to the Register the number and type of conventional weapons possessed by, and transferred to and from, the country during the preceding year. Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request. Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance. Expresses the sense of the Congress that the House Foreign Affairs Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions.

Code of Conduct on Arms Transfers Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent Reform and Empowerment Act''. SEC. 2. DETERMINATION OF INCOME AND RENT CHARGES FOR SECTION 8 AND PUBLIC HOUSING PROGRAMS. (a) Exclusion of Income Taxes and FICA Tax From Income.--Section 3(b)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended-- (1) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively; and (2) by inserting before subparagraph (B) (as so redesignated by paragraph (1) of this section) the following new subparagraph: ``(A) the amount of any Federal, State, and local income taxes paid by members of the family and the amount paid by members of the family for the taxes imposed under section 3101 and 3201(a) of the Internal Revenue Code of 1986;''. (b) Option to Exclude Earned Income.--Section 3(b)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended by adding at the end the following new flush sentence: ``At the option of a public housing agency, the agency may (for all families residing in housing assisted by the agency under this Act) exclude from consideration as income for purposes of determining any limitation on the amount of rent paid by a family, all or part of any increases in the earned income of a family that results from the employment of a previously unemployed family member; except that such increases in earned income may be excluded only during the 5-year period beginning on the employment of the family member.''. (c) Option to Establish Ceiling Rents.--Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended by adding at the end the following new paragraph: ``(3) Ceiling Rent Option.--At the option of a public housing agency, the agency may provide that rental charges be determined as follows: ``(A) Public housing and certificates.--Notwithstanding paragraph (1), each family residing in housing assisted by the agency under this Act (other than units assisted under section 8(o) or (y)) shall pay as monthly rent for the dwelling unit the lesser of-- ``(i) the amount determined under paragraph (1); or ``(ii) 75 percent of-- ``(I) the fair market rental for the unit, in the case of units assisted under section 8(b); and ``(II) the fair market rental established for comparable units in the market area in which the dwelling unit is located, in the case of public housing dwelling units. ``(B) Vouchers.--Notwithstanding section 8(o)(2), for each family residing in housing assisted by the agency under section 8(o), the monthly assistance payment for the family shall be the amount by which the payment standard for the area exceeds the lesser of-- ``(i) 30 percent of the family's monthly adjusted income; or ``(ii) 75 percent of the monthly payment standard.''. (d) Option to Freeze Rental Payments.--Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)), as amended by subsection (b), is further amended by adding at the end the following new paragraph: ``(4) Option to Freeze Rental Payments.--At the option of a public housing agency, the agency may provide that, with respect only to families that the agency has determined are engaged in activities that promote economic independence and self-sufficiency-- ``(A) notwithstanding paragraph (1), each such family shall pay as rent for a dwelling unit assisted by the agency under section 8(b) and for a public housing dwelling unit of the agency, during the period in which the family continuously occupies any units assisted under this Act, the sum of-- ``(i) the amount payable as rent by such family under paragraph (1) upon initial occupancy during such period in an assisted unit; and ``(ii) the amount determined by the public housing agency to be attributable to any increase in the cost of the dwelling unit for such family that occurs after such initial occupancy, including any increases in the cost of the unit resulting from inflation, increased maintenance or operating costs, and occupancy of a more expensive assisted unit; and ``(B) notwithstanding section 8(o)(2), for each such family residing in housing assisted by the agency under section 8(o), the monthly assistance payment for the family during the period in which the family continuously occupies any units assisted under this Act shall be the amount by which the payment standard for the area exceeds the sum of-- ``(i) 30 percent of the family's monthly adjusted income upon initial occupancy during such period in an assisted unit; and ``(ii) the amount determined by the public housing agency to be attributable to any increase in the cost of the dwelling unit for such family that occurs after such initial occupancy, including any increases in the cost of the unit resulting from inflation, increased maintenance or operating costs, and occupancy of a more expensive assisted unit.''. (e) Applicability to Indian Housing.--In accordance with section 201(b)(2) of the United States Housing Act of 1937, the provisions of this section shall apply to public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority. SEC. 3. PUBLIC HOUSING AUTHORITY MARKET RENT DEMONSTRATION. (a) Authority.--At the request of a public housing agency or resident management corporation, the Secretary of Housing and Urban Development may authorize the agency or corporation to carry out a demonstration program under this section to determine the feasibility and desirability of providing public housing agencies and resident management corporations the authority to establish policies for the operation, maintenance, management, and development (including modernization) of public housing projects administered by the agency, without regard to the requirements under the United States Housing Act of 1937 applicable to public housing. In establishing such policies, public housing agencies and resident management corporations shall be subject to the provisions of any applicable State and local laws. (b) Required Findings.--The Secretary may authorize a public housing agency or resident management corporation to carry out a demonstration program under this section only if the Secretary determines, with respect to the particular demonstration program, that-- (1) the program is likely to assist in promoting the objectives of the United States Housing Act of 1937, encourage resident empowerment, and reduce poverty in public housing by improving the means by which economic self-sufficiency may be achieved; (2) the program, taken as a whole, will not result in higher costs to the Federal Government than would be incurred absent the program; (3) the results of the program will be evaluated and reported to the Secretary by independent entities; (4) no fewer very low-income families will be assisted under the program than would otherwise have been assisted; and (5) the program is consistent with the Fair Housing Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. (c) Exceptions to Provisions of United States Housing Act of 1937.-- (1) Mandatory.--Notwithstanding any other provision of law, during the period of the demonstration program (pursuant to subsection (i)) section 3(a) of the United States Housing Act of 1937 (relating to rental amounts for dwelling units in public housing projects), sections 3(b)(4) and (5) of such Act (relating to determination of income and adjusted income), and section 16 of such Act (relating to income eligibility) shall not apply to any public housing projects involved in a demonstration program under this section or any families residing in such projects. Each public housing authority and resident management corporation carrying out a demonstration program under this section shall establish rents for dwelling units in projects involved in the demonstration program at the discretion of the agency or corporation. (2) Discretionary.--The Secretary may exempt a public housing agency or resident management corporation carrying out a demonstration program under this section from any other requirements of the United States Housing Act of 1937, and modify the requirements of such sections and other provisions with respect to such agencies, that the Secretary determines are not consistent with the purposes of a demonstration program. (d) Income Eligibility.--Not less than 30 percent of the total number of dwelling units in public housing projects involved in a demonstration program carried out under this section by a public housing agency or resident management corporation shall be available for leasing only to very low-income families. (e) Effect on Operating Subsidies.--Notwithstanding any requirement pursuant to section 9 of the United States Housing Act of 1937, the amount of annual contributions provided for a fiscal year under such section to any public housing agency or resident management corporation carrying out a demonstration program in such fiscal year may not exceed the amount of such annual contributions provided under such section to the agency or corporation for the last fiscal year concluding before the commencement of the demonstration program by the agency or corporation, as adjusted for inflation (as determined by the Secretary). (f) Treatment of Families Unable to Pay Rental Charges in Public Housing.-- (1) Authority to provide section 8 assistance.-- Notwithstanding any other provision of law, in connection with carrying out a demonstration program under this section a public housing agency may provide assistance under section 8 of the United States Housing Act of 1937 (to the extent sufficient amounts for such assistance are available to such agency) on behalf of any family that (A) resides in a dwelling unit in a public housing project involved in the demonstration program upon the commencement of the demonstration, (B) is otherwise eligible for such assistance, and (C) under section 3(a)(1) of such Act would pay as rent for a dwelling unit assisted under such section an amount that is less than the rental charge for the public housing dwelling unit under the demonstration program. Any such assistance provided for such family shall be subject to the provisions of section 3(a)(1) or 8(o) of such Act, as applicable. (2) Use.--Such assistance may be used in connection with the rental of a public housing dwelling unit or any other dwelling unit eligible for rental using such assistance. (3) Preference.--Notwithstanding any other provision of law, a public housing agency carrying out a demonstration program under this section may give preference in providing assistance under such section 8 to families described in paragraph (1) of this subsection. (g) Scope of Demonstrations.--In authorizing public housing agencies and resident management corporations to carry out demonstration programs under this section, the Secretary shall provide that the demonstration is carried out with respect to one or more specific public housing projects. (h) Number of Demonstrations.--The Secretary may authorize not more than 50 public housing agencies or resident management corporations to carry out demonstration programs under this section. (i) Duration.--A public housing agency or resident management corporation authorized to carry out a demonstration program under this section may carry out the demonstration for a period, determined by the agency or corporation, of not more than 5 years. (j) Limitation.--The number and duration of demonstration programs authorized by the Secretary may not exceed the number and duration necessary to achieve the objectives of this section. (k) Additional Requirements.--In authorizing a demonstration program under this section, the Secretary may impose such requirements on the program as the Secretary considers to be appropriate to further its purposes. (l) Reports.-- (1) To secretary.--Each public housing agency and resident management corporation carrying out a demonstration program under this section shall submit a report to the Secretary regarding the demonstration for each year in which the demonstration is carried out, as shall be required by the Secretary. (2) To congress.--Not later than 6 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing and evaluating the demonstration programs carried out under this section. (m) Definitions.--For purposes of this section: (1) Public housing.--The terms ``public housing'' and ``project'' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937. (2) Public housing agency.--The terms ``public housing agency'' and ``agency'' have the meanings given the term ``public housing agency'' in section 3(b) of the United States Housing Act of 1937. (3) Resident management corporation.--The terms ``resident management corporation'' and ``corporation'' mean a resident management corporation established in accordance with requirements of the Secretary under section 20 of the United States Housing Act of 1937. (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (5) Very low-income families.--The term ``very low-income families'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937. (n) Applicability to Indian Housing.--In accordance with section 201(b)(2) of the United States Housing Act of 1937, the provisions of this section shall apply to public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority. SEC. 4. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act and the amendments made by this Act. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 1993.

Rent Reform and Empowerment Act - Amends the United States Housing Act of 1937 to exclude from adjusted income (used to determine rent for assisted housing) the amounts of Federal, State, and local income taxes and social security taxes paid by members of the assisted family. Authorizes public housing agencies to exclude from consideration as income, for purposes of determining limitations on rent, increases in a family's earned income that result from the employment of a previously unemployed family member. Limits such exclusion to the five-year period beginning on the employment of the family member. Grants public housing agencies the option to establish rent ceilings for all families and to freeze rental payments for families that are engaged in activities that promote economic independence and self-sufficiency. Authorizes the Secretary of Housing and Urban Development, at the request of a public housing agency or resident management corporation and under certain conditions, to provide for demonstration programs to determine the feasibility of authorizing such agencies or corporations to establish policies for the operation, maintenance, management, and development of public housing projects without regard to requirements under the United States Housing Act of 1937. Makes certain provisions of the United States Housing Act of 1937 (concerning rental amounts, determination of income and adjustment income, and income eligibility) inapplicable during the period of a demonstration program. Requires rents to be established at the discretion of the agency or corporation and at least 30 percent of the units involved in the program to be available for very low-income families. Authorizes agencies to provide Section 8 assistance to families in units involved in demonstration programs subject to certain conditions. Permits up to 50 agencies and corporations to carry out such programs. Limits programs to five-year periods. Makes this Act applicable to Indian housing.

Rent Reform and Empowerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Hardrock Mines Reclamation Act of 1997''. SEC. 2. RECLAMATION FEE. (a) Reservation of Reclamation Fee.--Any person producing hardrock minerals from a mine that was within a mining claim that has subsequently been patented under the general mining laws shall pay a reclamation fee to the Secretary under this section. The amount of such fee shall be equal to a percentage of the net proceeds from such mine. The percentage shall be based upon the ratio of the net proceeds to the gross proceeds related to such production in accordance with the following table: Net proceeds as percentage of gross Rate of fee as percentage of net proceeds proceeds Less than 10................................................... 2.00 10 or more but less than 18.................................... 2.50 18 or more but less than 26.................................... 3.00 26 or more but less than 34.................................... 3.50 34 or more but less than 42.................................... 4.00 42 or more but less than 50.................................... 4.50 50 or more..................................................... 5.00 (b) Exemption.--Gross proceeds of less than $500,000 from minerals produced in any calendar year shall be exempt from the reclamation fee under this section for that year if such proceeds are from one or more mines located in a single patented claim or on two or more contiguous patented claims. (c) Payment.--The amount of all fees payable under this section for any calendar year shall be paid to the Secretary within 60 days after the end of such year. (d) Disbursement of Revenues.--The receipts from the fee collected under this section shall be paid into an Abandoned Minerals Mine Reclamation Fund. (e) Effective Date.--This section shall take effect with respect to hardrock minerals produced in calendar years after December 31, 1996. SEC. 3. ABANDONED MINERALS MINE RECLAMATION FUND. (a) Establishment.-- (1) There is established on the books of the Treasury of the United States an interest-bearing fund to be known as the Abandoned Minerals Mine Reclamation Fund (hereafter referred to in this section as the ``Fund''). The Fund shall be administered by the Secretary. (2) The Secretary shall notify the Secretary of the Treasury as to what portion of the Fund is not, in his judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the Fund in public debt securities with maturities suitable for the needs of such Fund and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturities. The income on such investments shall be credited to, and from a part of, the Fund. (b) Use and Objectives of the Fund.--The Secretary is, subject to appropriations, authorized to use moneys in the Fund for the reclamation and restoration of land and water resources adversely affected by past mineral (other than coal and fluid minerals) and mineral material mining, including but not limited to, any of the following: (1) Reclamation and restoration of abandoned surface mined areas. (2) Reclamation and restoration of abandoned milling and processing areas. (3) Sealing, filing, and grading abandoned deep mine entries. (4) Planting of land adversely affected by past mining to prevent erosion and sedimentation. (5) Prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage. (6) Control of surface subsidence due to abandoned deep mines. (7) Such expenses as may be necessary to accomplish the purposes of this section. (c) Eligible Areas.-- (1) Land and waters eligible for reclamation expenditures under this section shall be those within the boundaries of States that have lands subject to the general mining laws-- (A) which were mined or processed for minerals and mineral materials or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to the date of enactment of this title; (B) for which the Secretary makes a determination that there is no continuing reclamation responsibility under State or Federal laws; and (C) for which it can be established that such lands do not contain minerals which could economically be extracted through the reprocessing or remining of such lands. (2) Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``gross proceeds'' means the value of any extracted hardrock mineral which was: (A) sold; (B) exchanged for any thing or service; (C) removed from the country in a form ready for use or sale; or (D) initially used in a manufacturing process or in providing a service. (2) The term ``net proceeds'' means gross proceeds less the sum of the following deductions: (A) The actual cost of extracting the mineral. (B) the actual cost of transporting the mineral to the place or places of reduction, refining and sale. (C) The actual cost of reduction, refining and sale. (D) The actual cost of marketing and delivering the mineral and the conversion of the mineral into money. (E) The actual cost of maintenance and repairs of: (i) All machinery, equipment, apparatus and facilities used in the mine. (ii) All milling, refining, smelting and reduction works, plants and facilities. (iii) All facilities and equipment for transportation. (F) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in subsection (E). (G) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in subsection (E). (H) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees. (I) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit. (J) All royalties and severance taxes paid to the Federal Government or State governments. (3) The term ``hardrock minerals'' means any mineral other than a mineral that would be subject to disposition under any of the following if located on land subject to the general mining laws: (A) the Mineral Leasing Act (30) U.S.C. 181 and following); (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); (C) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following; or (D) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 and following). (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``patented mining claim'' means an interest in land which has been obtained pursuant to sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36 and 37) for placer claims, or section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims. (6) The term ``general mining laws'' means those Acts which generally comprise Chapters 2, 12A, and 16, and sections 161 and 162 of title 30 of the United States Code.

Abandoned Hardrock Mines Reclamation Act of 1997 - Sets forth a fee schedule under which a producer of hardrock minerals from a mine that was within a mining claim that has subsequently been patented under the general mining laws must pay the Secretary of the Interior a reclamation fee computed as a specified percentage of net proceeds. Establishes the Abandoned Minerals Mine Reclamation Fund, composed of such fees for the reclamation and restoration of land and water resources adversely affected by past minerals activities (other than coal and fluid minerals activities).

Abandoned Hardrock Mines Reclamation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Appeals Act of 1999''. SEC. 2. REVISION OF APPEALS PROCESS. (a) Deadlines for Consideration of Appeals.--Section 1869 of the Social Security Act (42 U.S.C. 1395ff) is amended-- (1) in subsection (a), by inserting ``consistent with subsections (c) and (d)'' before the period; and (2) by adding at the end the following new subsections: ``(c) Deadlines for Reconsiderations and Appeals Under Part A.-- Reconsideration and appeals under subsections (a) and (b) with respect to matters under part A shall be conducted consistent with the following: ``(1) Deadlines for administrative action.-- ``(A) Reconsidered determination.--The Secretary shall conduct and conclude a reconsideration of an initial determination, and mail the notice of reconsidered determination, by not later than the end of the 60-day period beginning on the date a request for reconsideration has been timely filed. ``(B) Hearing by administrative law judge.-- ``(i) In general.--Except as provided in clause (ii), an administrative law judge shall conduct and conclude a hearing and render a decision on such hearing by not later than the end of the 90-day period beginning on the date a request for hearing has been timely filed. ``(ii) Waiver of deadline by party seeking hearing.--The 90-day period under clause (i) shall not apply in the case of a motion or stipulation by the party requesting the hearing to waive such period. ``(C) Departmental appeals board review.--The Departmental Appeals Board of the Department of Health and Human Services shall conduct and conclude a review of the decision on a hearing described in subparagraph (B) and make a decision or remand the case to the administrative law judge for reconsideration by not later than the end of the 90-day period beginning on the date a request for review has been timely filed. ``(2) Consequences of failure to meet deadlines.-- ``(A) In general.--(i) In the case of a failure by the Secretary to mail the notice of reconsidered determination by the end of the period described in paragraph (1)(A), the party requesting the reconsideration may request a hearing before an administrative law judge, notwithstanding any requirements for a reconsidered determination for purposes of the party's right to such hearing. ``(ii) In the case of a failure by an administrative law judge to render a decision by the end of the period described in paragraph (1)(B), the party requesting the hearing may request a review by the Departmental Appeals Board of the Department of Health and Human Services, notwithstanding any requirements for a hearing for purposes of the party's right to such a review. ``(B) DAB hearing procedure.--In the case of a request described in subparagraph (A)(ii), the Departmental Appeals Board shall review the case de novo. ``(d) Deadlines for Reviews and Appeals Under Part B.--Reviews and appeals under subsections (a) and (b) with respect to matters under part B shall be conducted consistent with the following: ``(1) Deadlines.-- ``(A) Review of initial determination.--A carrier shall conduct and conclude a review of an initial determination, and mail the notice of review determination, by not later than the end of the 60-day period beginning on the date a request for review has been timely filed. ``(B) Carrier hearing.-- ``(i) Deadline for decision.--A carrier shall conduct and conclude a hearing, and mail the notice of the decision, by not later than the end of the 60-day period beginning on the date a request for a carrier hearing has been timely filed. ``(ii) Option to proceed to hearing by administrative law judge.--No carrier hearing shall be held, and no requirement for a carrier hearing shall apply with respect to rights to a hearing before an administrative law judge, if the party to the carrier review elects a hearing before an administrative law judge in lieu of a carrier hearing. ``(C) Hearing by administrative law judge.-- ``(i) In general.--Except as provided in clause (ii), an administrative law judge shall conduct and conclude a hearing and render a decision on such hearing by not later than the end of the 90-day period beginning on the date a request for hearing has been timely filed. ``(ii) Waiver of deadline by party seeking hearing.--The 90-day period under clause (i) shall not apply in the case of a motion or stipulation by the party requesting the hearing to waive such period. ``(D) Departmental appeals board review.--The Departmental Appeals Board of the Department of Health and Human Services shall conduct and conclude a review of the decision on a hearing described in subparagraph (C) and make a decision or remand the case to the administrative law judge for reconsideration by not later than the end of the 90-day period beginning on the date a request for review has been timely filed. ``(2) Consequences of failure to meet deadlines.-- ``(A) In general.--(i) In the case of a failure by a carrier to mail notice within the time period described in subparagraphs (A) and (B) of paragraph (1), the party requesting the review or carrier hearing (as the case may be) may request a hearing before an administrative law judge, notwithstanding any requirements for a carrier review or a carrier hearing for purposes of the party's right to a hearing before such judge. ``(ii) In the case of a failure by an administrative law judge to render a decision by the end of the period described in paragraph (1)(C), the party requesting the hearing may request a review by the Departmental Appeals Board, notwithstanding any requirements for a hearing for purposes of the party's right to such a review. ``(B) DAB hearing procedure.--In the case of a request described in subparagraph (A)(ii), the Departmental Appeals Board shall review the case de novo.''. (b) Review of National and Local Coverage Decisions.-- (1) In general.--Section 1869(b)(3) of the Social Security Act (42 U.S.C. 1395ff(b)(3)) is amended to read as follows: ``(3) Review of any coverage determination respecting whether or not a particular type or class of items or services is covered under this title shall be subject to the following limitations: ``(A) In the case of any national coverage determination under section 1862(a)(1), the following limitations apply: ``(i) Such a determination shall not be reviewed by any administrative law judge. ``(ii) Such a determination shall not be held unlawful or set aside on the ground that a requirement of section 553 of title 5, United States Code, or section 1871(b), relating to publication in the Federal Register or opportunity for public comment, was not satisfied. ``(iii) Upon the filing of a complaint by an aggrieved party, such a determination shall be reviewed by the Departmental Appeals Board of the Department of Health and Human Services. In conducting such a review, the Departmental Appeals Board shall review the record and shall permit discovery and the taking of evidence to evaluate the reasonableness of the determination. In reviewing such a determination, the Departmental Appeals Board shall defer only to the reasonable findings of fact, reasonable interpretations of law, and reasonable applications of fact to law by the Secretary. ``(iv) A decision of the Departmental Appeals Board constitutes a final agency action and is subject to judicial review. ``(B) In the case of a local coverage determination made by a fiscal intermediary or a carrier under this title, the following limitations apply: ``(i) Upon the filing of a complaint by an aggrieved party, such a determination shall be reviewed by an administrative law judge of the Department of Health and Human Services. The administrative law judge shall review the record and shall permit discovery and the taking of evidence to evaluate the reasonableness of the determination. In reviewing such a determination, the judge shall defer only to the reasonable findings of fact, reasonable interpretations of law, and reasonable applications of fact to law by the Secretary. ``(ii) Such a determination may be reviewed by the Departmental Appeals Board of the Department of Health and Human Services. ``(iii) A decision of the Departmental Appeals Board constitutes a final agency action and is subject to judicial review. ``(C) In the case of review of a determination under subparagraph (A)(iii) or (B)(i) where the moving party alleges that there are no material issues of fact in dispute, and alleges that the only issue is the constitutionality of a provision of this title, or that a regulation, determination, or ruling by the Secretary is invalid, the moving party may seek review by a court of competent jurisdiction.''. (2) Pending national coverage determinations.--Section 1869(b) of such Act (42 U.S.C. 1395ff(b)) is amended by adding at the end the following new paragraph: ``(6)(A) In the event the Secretary has not issued a national coverage or noncoverage determination with respect to a particular type or class of items or services, an affected party may submit to the Secretary a request to make such a determination with respect to such items or services. By not later than the end of the 90-day period beginning on the date the Secretary receives such a request, the Secretary shall take one of the following actions: ``(i) Issue a national coverage determination, with or without limitations. ``(ii) Issue a national noncoverage determination. ``(iii) Issue a determination that no national coverage or noncoverage determination is appropriate as of the end of such 90-day period with respect to national coverage of such items or services. ``(B) When issuing a determination under subparagraph (A), the Secretary shall include a explanation of the basis for the determination. An action taken under subparagraph (A) is deemed to be a national coverage determination for purposes of review under paragraph (3)(A).''. (c) Standing.--Section 1869 of such Act (42 U.S.C. 1395ff), as amended in subsection (a), is further amended by adding at the end the following new subsection: ``(e) An action under this section may only be initiated by an aggrieved person, or class of persons, with respect to claims for rights to, or payments for, items and services under this title, or coverage of items and services under this title. Such a person, or class of persons, includes the following: ``(1) Individuals entitled to benefits under part A, or enrolled under part B, or both. ``(2) Providers of services. ``(3) Physicians. ``(4) Other health care professionals entitled to payment for services furnished under this title. ``(5) Suppliers and manufacturers of items and services covered, or seeking to be covered, under this title.''. (d) Elimination of Sua Sponte Motions by the Secretary on Decisions of the Provider Reimbursement Review Board.--Section 1878(f)(1) of such Act (42 U.S.C. 1395oo(f)(1)) is amended-- (1) in the first sentence, by striking ``unless the Secretary, on his own motion, and within 60 days after the provider of services is notified of the Board's decision, reverses, affirms, or modifies the Board's decision''; (2) in the second sentence, by striking ``, or of any reversal, affirmance, or modification by the Secretary,'' and ``or of any reversal, affirmance, or modification by the Secretary is received''; and (3) in the fifth sentence, by striking `` and not subject to review by the Secretary''. (e) Conforming Regulations.-- (1) In general.--The Secretary of Health and Human Services shall promptly publish notice of revisions in the process under section 1869 of the Social Security Act (42 U.S.C. 1395ff), in order to reflect the modifications to such process made by this section. (2) References.--For purposes of this section and the notice published under paragraph (1), reference to-- (A) a reconsideration of an initial determination in subsection (c)(1)(A) of section 1869 of the Social Security Act (42 U.S.C. 1395ff), as added under subsection (a)(2), is a reference to a reconsideration of an initial determination under section 405.715 of title 42 of the Code of Federal Regulations; (B) the requirement to mail the notice of reconsidered determination in such subsection, as so added, is a reference to such requirement under section 405.716 of such title; (C) a hearing conducted by an administrative law judge in subsection (c)(1)(B)(i) of such section, as so added, is a reference to such a hearing under section 405.720 of such title; (D) review conducted by the Departmental Appeals Board of the Department of Health and Human Services in paragraphs (1)(C) and (2)(A)(ii) of subsection (c) of such section 1869, as so added, is a reference to such review conducted under section 405.724 of such title; (E) a review of an initial determination in subsection (d)(1)(A) of such section, as so added, is a reference to such review conducted under section 405.807 of such title; (F) the requirement to mail the notice of review determination in such subsection, as so added, is a reference to such requirement under section 405.811 of such title; (G) a hearing in subsection (d)(1)(B)(i) of such section, as so added, is a reference to such a hearing under section 405.830 of such title; (H) a hearing before an administrative law judge in subparagraphs (B)(ii) and (C)(i) of subsection (d)(1) of such section, as so added, is a reference to such a hearing under section 405.855 of such title; and (I) review conducted by the Departmental Appeals Board of the Department of Health and Human Services in paragraphs (1)(D) and (2)(A)(ii) of subsection (d) of such section, as so added, is a reference to such review conducted under section 405.856 of such title. (f) Effective Date.--This section, and the amendments made by this section, apply as of the date that is 90 days after the date of the enactment of this Act, and apply to reconsiderations, reviews, motions, and determinations pending before, on, or after such date. <divide>

Subjects national coverage determinations to review by the Departmental Appeals Board of the Department of Health and Human Services (HHS), and local coverage determinations to review by an HHS administrative law judge, whose determination may also be reviewed by the HHS Departmental Appeals Board.

Medicare Patient Appeals Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Baseball Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On June 12, 1939, the National Baseball Hall of Fame and Museum opened in Cooperstown, New York. Ty Cobb, Walter Johnson, Christy Mathewson, Babe Ruth, and Honus Wagner comprised the inaugural class of inductees. This class set the standard for all future inductees. Since 1939, just one percent of all Major League Baseball players have earned induction into the National Baseball Hall of Fame. (2) The National Baseball Hall of Fame and Museum is dedicated to preserving history, honoring excellence, and connecting generations through the rich history of our national pastime. Baseball has mirrored our Nation's history since the Civil War, and is now an integral part of our Nation's heritage. (3) The National Baseball Hall of Fame and Museum chronicles the history of our national pastime and houses the world's largest collection of baseball artifacts, including more than 38,000 three dimensional artifacts, 3,000,000 documents, 500,000 photographs, and 12,000 hours of recorded media. This collection ensures that baseball history and its unique connection to American history will be preserved and recounted for future generations. (4) Since its opening in 1939, more than 14,000,000 baseball fans have visited the National Baseball Hall of Fame and Museum to learn about the history of our national pastime and the game's connection to the American experience. (5) The National Baseball Hall of Fame and Museum is an educational institution, reaching 10,000,000 Americans annually. Utilizing video conference technology, students and teachers participate in interactive lessons led by educators from the National Baseball Hall of Fame Museum. These award- winning educational programs draw upon the wonders of baseball to reach students in classrooms nationwide. Each educational program uses baseball as a lens for teaching young Americans important lessons on an array of topics, including mathematics, geography, civil rights, women's history, economics, industrial technology, arts, and communication. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the National Baseball Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the $1 coins and $5 coins minted under this Act should be produced in a fashion similar to the 2009 International Year of Astronomy coins issued by Monnaie de Paris, the French Mint, so that the reverse of the coin is convex to more closely resemble a baseball and the obverse concave, providing a more dramatic display of the obverse design chosen pursuant to section 4(c). 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 game of baseball. (2) Designations and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2015''; 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 National Baseball Hall of Fame and the Commission of Fine Arts and in accordance with subparagraph (c); and (2) reviewed by the Citizens Coinage Advisory Committee. (c) Obverse Design Competition.--The Secretary shall hold a competition and provide compensation for its winner to design the common obverse of the coins minted under this Act, with such design being emblematic of the game of baseball. The competition shall be held in the following manner: (1) The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by such Committee and 3 members from the Commission of Fine Arts who shall be elected by such Commission. (2) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (3) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall depict a baseball similar to those used by Major League Baseball. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Baseball Hall of Fame to help finance its operations. (c) Audits.--The National Baseball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015. Directs the Secretary to hold a competition to design the common obverse of the coins, with such design being emblematic of the game of baseball. Requires the design on the common reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations.

A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the National Baseball Hall of Fame.

SECTION 1. SHORT TITLE. This title may be cited as the ``SCORE for Small Business Act of 2018''. SEC. 2. SCORE REAUTHORIZATION. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: ``(g) SCORE Program.--There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $10,500,000 in each of fiscal years 2019 and 2020.''. SEC. 3. SCORE PROGRAM. Section 8 of the Small Business Act (15 U.S.C. 637) is amended-- (1) in subsection (b)(1)(B)-- (A) by striking ``a Service Corps of Retired Executives (SCORE)'' and inserting ``the SCORE program described in subsection (c)''; and (B) by striking ``SCORE may'' and inserting ``the SCORE program may''; and (2) by striking subsection (c) and inserting the following: ``(c) SCORE Program.-- ``(1) Definition.--In this subsection: ``(A) SCORE association.--The term `SCORE Association' means the Service Corps of Retired Executives Association or any successor or other organization that receives a grant from the Administrator to operate the SCORE program under paragraph (2)(A). ``(B) SCORE program.--The term `SCORE program' means the SCORE program authorized by subsection (b)(1)(B). ``(2) Management and volunteers.-- ``(A) In general.--The Administrator shall provide a grant to the SCORE Association to manage the SCORE program. ``(B) Volunteers.--A volunteer participating in the SCORE program shall-- ``(i) based on the business experience and knowledge of the volunteer-- ``(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and ``(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and ``(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. ``(3) Plans and goals.--The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web- based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. ``(4) Annual report.--The SCORE Association shall submit to the Administrator an annual report that contains-- ``(A) the number of individuals counseled or trained under the SCORE program; ``(B) the number of hours of counseling provided under the SCORE program; and ``(C) to the extent possible-- ``(i) the number of small business concerns formed with assistance from the SCORE program; ``(ii) the number of small business concerns expanded with assistance from the SCORE program; and ``(iii) the number of jobs created with assistance from the SCORE program. ``(5) Privacy requirements.-- ``(A) In general.--Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless-- ``(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. ``(B) Administrator use of information.--This paragraph shall not-- ``(i) restrict the access of the Administrator to program activity data; or ``(ii) prevent the Administrator from using client information to conduct client surveys. ``(C) Standards.-- ``(i) In general.--The Administrator shall, after the opportunity for notice and comment, establish standards for-- ``(I) disclosures with respect to financial audits under subparagraph (A)(ii); and ``(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. ``(ii) Maximum privacy protection.--The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection.''. SEC. 4. ONLINE COMPONENT. (a) In General.--Section 8(c) of the Small Business Act (15 U.S.C. 637(c)), as amended by section 3, is further amended by adding at the end the following: ``(6) Online component.--In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.''. (b) Online Component Report.-- (1) In general.--At the end of fiscal year 2019, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the effectiveness of the online counseling and webinars required as part of the SCORE program, including a description of-- (A) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (B) the internal controls that are used and a summary of the topics covered by the webinars; and (C) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards such online counseling and webinars. (2) Definitions.--For purposes of this subsection, the terms ``SCORE Association'' and ``SCORE program'' have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act, as added by section 3 of this Act. SEC. 5. STUDY AND REPORT ON THE FUTURE ROLE OF THE SCORE PROGRAM. (a) Study.--The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of the enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (b) Report.--Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing-- (1) all findings and determination made in carrying out the study required under subsection (a); (2) the strategic plan developed under subsection (a); (3) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (c) Definitions.--For purposes of this section, the terms ``SCORE Association'' and ``SCORE program'' have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act, as added by section 3 of this Act. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 7 (15 U.S.C. 636)-- (A) in subsection (b)(12)-- (i) in the paragraph heading, by inserting ``program'' after ``SCORE''; and (ii) in subparagraph (A), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (B) in subsection (m)(3)(A)(i)(VIII), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (2) in section 22 (15 U.S.C. 649)-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (ii) in paragraph (3), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (B) in subsection (c)(12), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (b) Other Laws.-- (1) Small business reauthorization act of 1997.--Section 707 of the Small Business Reauthorization Act of 1997 (15 U.S.C. 631 note) is amended by striking ``Service Corps of Retired Executives (SCORE) program'' and inserting ``SCORE program (as defined in section 8(c)(1) of the Small Business Act)''. (2) Veterans entrepreneurship and small business development act of 1999.--Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking ``Service Core of Retired Executives'' and inserting ``SCORE program''. (3) Military reservist and veteran small business reauthorization and opportunity act of 2008.--Section 3(5) of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (15 U.S.C. 636 note) is amended by striking ``means the SCORE program''. (4) Children's health insurance program reauthorization act of 2009.--Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended-- (A) in subsection (a), by striking paragraph (4) and inserting the following: ``(4) the term `SCORE program' means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));''; and (B) in subsection (b)(4)(A)(iv), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (5) Energy policy and conservation act.--Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking ``Service Corps of Retired Executives (SCORE)'' and inserting ``SCORE program''. Passed the House of Representatives July 10, 2018. Attest: KAREN L. HAAS, Clerk.

SCORE for Small Business Act of 2017 This bill amends the Small Business Act to reauthorize the SCORE program (Service Corps of Retired Executives) for FY2018-FY2019. The program is renamed as simply the SCORE program. The Small Business Administration (SBA) shall award a grant to the SCORE Association (or any successor group) to manage the program. Based on business experience and knowledge, a volunteer participating in the program shall: provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns. The SBA shall ensure that the program and each of its chapters develop and implement plans and goals to provide services more effectively and efficiently to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by participating volunteers. The bill prescribes general privacy requirements for the disclosure of information of businesses assisted under such program. The association shall: make use of online counseling, including by webinars and an electronic mentoring platform; study the future role of the program; and develop a strategic plan for how the program will evolve to meet the needs of small business concerns over the next five years.

SCORE for Small Business Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Level Radioactive Waste Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) section 3(b)(1)(D) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021c(b)(1)(D)) requires the Secretary of Energy to safely dispose of all greater-than-Class C low-level radioactive waste (as defined in section 61.55 of title 10, Code of Federal Regulations); (2) the Offsite Source Recovery Program, established by the Department of Energy to recover and store sources of such waste, is scheduled to cease operation by September 30, 2010; (3) the Department of Energy estimates that about 14,000 sealed sources of such waste will become unwanted and will have to be disposed of through the Offsite Source Recovery Program by that date; (4)(A) in February 1987 the Secretary of Energy submitted to Congress a comprehensive report making recommendations for ensuring the safe disposal of all greater-than-Class C low- level radioactive waste; and (B) 16 years later, it is likely that the information contained in the report is no longer current and does not reflect the new security threat environment; (5) the Department of Energy-- (A) does not have the resources or storage facility to recover and store all unwanted sources of greater- than-Class C low-level radioactive waste; and (B) has not identified a permanent disposal facility; (6) it is unlikely that a permanent disposal facility will be operational by the time that the Offsite Source Recovery Program ceases operation; (7) the initial steps in developing a disposal facility (including preparation of an environmental impact statement and issuance of a record of decision) could take several years and will require dedicated funding to complete; and (8) before a final decision on the disposal alternative to be implemented is made, Congress must have an opportunity to review the alternatives under consideration and provide input. SEC. 3. DEPARTMENT OF ENERGY RESPONSIBILITIES (a) Designation of Responsibility.--The Secretary of Energy shall designate an entity within the Department of Energy to have the responsibility of completing activities needed to develop a facility for safely disposing of all greater-than-Class C low-level radioactive waste. (b) Consultation With Congress.--In developing a plan for a permanent disposal facility for greater-than-Class C low-level radioactive waste (including preparation of an environmental impact statement and issuance of a record of decision), the Secretary of Energy shall consult with Congress. SEC. 4. REPORTS. (a) Update of 1987 Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to Congress an update of the report referred to in section 2(4). (2) Contents.--The update shall contain-- (A) an identification of the radioactive waste that is to be disposed of (including the source of the waste and the volume, concentration, and other relevant characteristics of the waste); (B) an identification of the Federal and non- Federal options for disposal of the waste; (C) a description of the actions proposed to ensure the safe disposal of the waste; (D) an estimate of the costs of the proposed actions; (E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of the radioactive waste bear all reasonable costs of disposing of the waste; (F) an identification of any statutory authority required for disposal of the waste; and (G) in coordination with the Environmental Protection Agency and the Nuclear Regulatory Commission, an identification of any regulatory guidance needed for the disposal of the waste. (b) Report on Permanent Disposal Facility.-- (1) Report on cost and schedule for completion of eis and rod.--Not later than 180 days after the date of submission of the update under subsection (a), the Secretary of Energy shall submit to Congress a report containing an estimate of the cost and schedule to complete an environmental impact statement and record of decision for a permanent disposal facility for greater-than-Class C radioactive waste. (2) Report on alternatives.--Before the Secretary of Energy makes a final decision on the disposal alternative to be implemented, the Secretary of Energy shall-- (A) submit to Congress a report that describes all alternatives under consideration; and (B) await action by Congress. (c) Report on Short-Term Plan.-- (1) In general.--Not later than December 31, 2003, the Secretary of Energy shall submit to Congress a plan to ensure the continued recovery and storage of greater-than-Class C low- level radioactive waste until a permanent disposal facility is available. (2) Contents.--The plan shall contain estimated cost, resource, and facility needs.

Low-Level Radioactive Waste Act of 2003 - Instructs the Secretary of Energy to designate an entity within the Department of Energy to have the responsibility of completing activities needed to develop a facility for safely disposing of all greater-than-Class C low-level radioactive waste. Directs the Secretary to submit to Congress: (1) an update of a specified report on radioactive waste; (2) a report containing an estimate of the cost and schedule to complete an environmental impact statement and record of decision for a permanent disposal facility for greater-than-Class C radioactive waste; and (3) a plan to ensure continued recovery and storage of greater-than-Class C low-level radioactive waste until a permanent disposal facility is available.

A bill to strengthen United States capabilities to safely and securely dispose of all greater-than-Class C low-level radioactive waste.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Buford Furrow, a white supremacist, used a Glock pistol decommissioned and sold by a law enforcement agency in the State of Washington, to shoot children at a Jewish community center in Los Angeles and kill a postal worker. (2) Twelve firearms were recently stolen during shipment from the Miami-Dade Police Department to Chicago, Illinois. Four of these firearms have been traced to crimes in Chicago, Illinois, including a shooting near a playground. (3) In the past 9 years, decommissioned firearms once used by law enforcement agencies have been involved in more than 3,000 crimes, including 293 homicides, 301 assaults, and 279 drug-related crimes. (4) Many State and local law enforcement departments also engage in the practice of reselling firearms involved in the commission of a crime and confiscated. Often these firearms are assault weapons that were in circulation prior to the restrictions imposed by the Violent Crime Control and Law Enforcement Act of 1994. (5) Law enforcement departments in the States of New York and Georgia, the City of Chicago, and other localities have adopted the practice of destroying decommissioned firearms. (b) Purpose.--The purpose of this Act is to reduce the number of firearms on the streets by assisting State and local law enforcement agencies to eliminate the practice of transferring decommissioned firearms to any person. SEC. 3. PROGRAM AUTHORIZED. (a) Grants.--The Attorney General may make grants to States or units of local government-- (1) to assist States and units of local government in purchasing new firearms without transferring decommissioned firearms to any person; and (2) to destroy decommissioned firearms. (b) Eligibility.-- (1) In general.--Except as provided in paragraph (2), to be eligible to receive a grant under this Act, a State or unit of local government shall certify that it has in effect a law or official policy that-- (A) eliminates the practice of transferring any decommissioned firearm to any person; and (B) provides for the destruction of a decommissioned firearm. (2) Exception.--A State or unit of local government may transfer a decommissioned firearm to another law enforcement agency. (c) Use of Funds.--A State or unit of local government that receives a grant under this Act shall use such grant only to purchase new firearms. SEC. 4. APPLICATIONS. (a) State Applications.--To request a grant under this Act, the chief executive of a State shall submit an application, signed by the Attorney General of the State requesting the grant, to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Local Applications.--To request a grant under this Act, the chief executive of a unit of local government shall submit an application, signed by the chief law enforcement officer in the unit of local government requesting the grant, to the Attorney General in such form and containing such information as the Attorney General may reasonably require. SEC. 5. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement this Act, which shall specify the information that must be included and the requirements that the States and units of local government must meet in submitting applications for grants under this Act. SEC. 6. REPORTING. A State or unit of local government shall report to the Attorney General not later than 2 years after funds are received under this Act, regarding the implementation of this Act. Such report shall include budget assurances that any future purchase of a firearm by the law enforcement agency will be possible without transferring a decommissioned firearm. SEC. 7. DEFINITION. For purposes of this Act-- (1) the term ``firearm'' has the same meaning given such term in section 921(a)(3) of title 18, United States Code; (2) the term ``decommissioned firearm'' means a firearm-- (A) no longer in service or use by a law enforcement agency; or (B) involved in the commission of a crime and confiscated and no longer needed for evidentiary purposes; and (3) the term ``person'' has the same meaning given such term in section 1 of title 1 of the United States Code. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 2001 through 2005.

Permits a State or local government to: (1) transfer a decommissioned firearm to another law enforcement agency; and (2) use a grant under this Act only to purchase new firearms. Authorizes appropriations.

To provide grants to law enforcement agencies to purchase firearms needed to perform law enforcement duties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``After School for America's Children Act of 2012''. SEC. 2. PURPOSE; DEFINITIONS. Section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``, such as reading and mathematics''; (B) in paragraph (2)-- (i) by inserting ``service learning, nutrition and health education,'' before ``drug and''; (ii) by striking ``and character education programs,'' and inserting ``social and emotional learning programming, character education programs, and physical fitness and wellness programs,''; and (C) by striking paragraph (3) and inserting the following: ``(3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children's education, including opportunities for literacy and related educational development.''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking subparagraph (A) and inserting the following: ``(A) assists students in meeting State and local academic achievement standards in core academic subjects by providing the students with academic and enrichment activities and a broad array of other activities (such as drug and violence prevention, physical education, wellness education, art, music, counseling, and technology programs) during nonschool hours or periods when school is not in session (such as before or after school or during summer recess) that-- ``(i) reinforce and complement the regular academic programs of the schools attended by the students served; and ``(ii) are targeted to the students' academic needs and aligned with the instruction students receive during the school day; and''; and (ii) in subparagraph (B), by inserting ``and opportunities for active and meaningful engagement in their children's education'' before the period at the end; (B) by redesignating paragraph (4) as paragraph (7); and (C) be redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (D) by inserting after paragraph (1) the following: ``(2) Social and emotional learning.--The term `social and emotional learning' means the process through which children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency including-- ``(A) self-awareness and self management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organization skills; ``(B) social awareness and interpersonal skills to establish and maintain positive relationships, such as perspective taking and respect for others, communication, working cooperatively, negotiation, conflict management, and help-seeking; and ``(C) decision-making skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection, and social and ethical responsibility. ``(3) Social and emotional learning programming.--The term `social and emotional learning programming' refers to classroom instruction and schoolwide activities and initiatives that-- ``(A) integrate social and emotional learning into school curriculum; ``(B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; ``(C) teach children to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and ``(D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school.''; (E) in paragraph (5) (as so redesignated), by inserting ``Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self- Determination and Education Act (25 U.S.C. 450b)),'' after ``community-based organization,''; and (F) by inserting after paragraph (5) the following: ``(6) External organizations.--The term `external organization' means a nonprofit organization with a record of success in running or working with after school programs.''. SEC. 3. ALLOTMENTS TO STATES. Section 4202(c) of such Act (20 U.S.C. 7172(c)) is amended-- (1) in paragraph (1), by striking ``95 percent'' and inserting ``93 percent''; (2) in paragraph (2)-- (A) in subparagraph (B), by inserting ``rigorous'' before ``peer review''; and (B) by striking ``supervising the'' and inserting the following: ``(C) supervising the''; and (3) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by striking ``3 percent'' and inserting ``5 percent''; and (B) by adding at the end the following: ``(E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the afterschool program with State academic standards. ``(F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. ``(G) Working with teachers, principals, parents, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs. ``(H) Coordinating funds received under this program with other Federal and State funds to implement high-quality programs. ``(I) Providing a list of prescreened external organizations, as described in section 4203(a)(12).''. SEC. 4. STATE APPLICATION. (a) In General.--Section 4203(a) of such Act (20 U.S.C. 7173(a)) is amended-- (1) in paragraph (6), by inserting ``and coordinating professional development for staff in specific content areas as well as youth development'' before the semicolon at the end; (2) in paragraph (11)-- (A) by striking ``provides an assurance'' and inserting the following: ``provides-- ``(A) An assurance''; (B) by striking ``and representatives of teachers'' and all that follows through ``organizations;'' and inserting ``statewide after school networks (where applicable), representatives of teachers, local educational agencies, and community-based organizations; and''; and (C) by adding at the end the following: ``(B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable;''; (3) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; (4) by inserting after paragraph (12) the following: ``(13) describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this section, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; and''; and (5) in paragraph (14) (as redesignated by paragraph (3))-- (A) in subparagraph (A), by striking ``activities; and'' at the end and insert the following: ``activities, with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that-- ``(i) are able to track student success and improvement over time; and ``(ii) include State assessment results and other indicators of students success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level;''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) a description of how data collected for the purposes of subparagraph (A) will be collected; and''. (b) Limitation.--Section 4203 of such Act (20 U.S.C. 7173) is amended by adding at the end the following: ``(g) Limitation.--The Secretary may not impose a priority or preference for eligibility for, or applications by, States or eligible entities that seek to use funds made available under this part to extend the regular school day.''. SEC. 5. LOCAL COMPETITIVE GRANT PROGRAM. Section 4204 of such Act (20 U.S.C. 7174) is amended-- (1) in subsections (b), (c), (d), (g), (h), and (i), by striking ``under this part'' each place the term appears and inserting ``under this section''; and (2) in subsection (b)(2)-- (A) in subparagraph (A)(ii), by inserting ``, if applicable'' after ``home''; (B) in subparagraph (B), by inserting ``, as well as overall student success'' before the semicolon; (C) by striking subparagraph (C) and inserting the following: ``(C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources;''; (D) in subparagraph (D)-- (i) by inserting ``and alignment'' after ``collaboration''; and (ii) by inserting ``, including the sharing of relevant student data among the schools, all participants in the eligible entity, and any partnering entities described in subparagraph (H) while complying with applicable laws relating to privacy and confidentiality'' before the semicolon; and (E) by striking subparagraph (J) and inserting the following: ``(J) a demonstration that the eligible entity uses research or evidence-based practices to provide educational and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students;''; (3) in subsection (e), by inserting ``rigorous'' before ``peer review''; (4) in subsection (i)(1)-- (A) in subparagraph (A), by striking ``and'' after the semicolon; (B) in subparagraph (B)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) demonstrating that the activities proposed in the application-- ``(i) are, as of the date of the submission of the application, not accessible to students who would be served; or ``(ii) would expand accessibility to high- quality services that may be available in the community.''; (5) by adding at the end of subsection (i) the following: ``(3) Limitation.--A State educational agency may not impose a priority or preference for eligibility for, or applications by, eligible entities that seek to use funds made available under this part to extend the regular school day.''; and (6) by adding at the end the following: ``(j) Renewability of Awards.--A State educational agency may renew a grant provided under this section to an eligible entity, based on the eligible entity's performance during the original grant period.''. SEC. 6. LOCAL ACTIVITIES. Section 4205 of such Act (20 U.S.C. 7175) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``under this part'' and inserting ``under section 4204''; and (ii) by inserting ``and support student success'' after ``academic achievement''; (B) by redesignating paragraph (6), (7), and (8) through (12) as paragraphs (7), (8), and (9) through (13), respectively; (C) by striking paragraphs (1) through (5) and inserting the following: ``(1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with local school curricula and State and local content and student academic achievement standards; ``(2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; ``(3) literacy education programs; ``(4) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs; ``(5) art and music education activities; ``(6) services for individuals with disabilities;''; (D) by striking paragraph (8) (as redesignated by subparagraph (B)) and inserting the following: ``(8) activities and programs that support global education and global competence, including those that foster learning about other countries, cultures, languages, and global issues;''; (E) in paragraph (9) (as redesignated by subparagraph (B)), by inserting ``to serve community needs'' before the semicolon: (F) in paragraph (10) (as redesignated by subparagraph (B)), by inserting ``to serve community needs'' before the semicolon; (G) in paragraph (11) (as redesignated by subparagraph (B)), by inserting ``parenting skills'' before ``programs''; (H) in paragraph (12) (as redesignated by subparagraph (B)), by striking ``and'' after the semicolon; (I) in paragraph (13) (as redesginated by subparagraph (B)), insert ``social and emotional learning programming'' before ``and character''; and (J) by adding at the end the following: ``(14) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as `STEM') and that foster innovation in learning by supporting nontraditional STEM education teaching methods.''; and (2) in subsection (b)-- (A) in the subsection heading, by striking ``Principles of'' and inserting ``Measures of''; (B) in paragraph (1)-- (i) in subparagraph (B), by striking ``and'' after the semicolon; (ii) in subparagraph (C), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: ``(D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(13)(A); and ``(E) collect the data necessary for the measures of student success described in subparagraph (D).''; and (C) in paragraph (2)(A), by inserting ``and overall student success'' before the period at the end. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 4206 of such Act (20 U.S.C. 7176) is amended to read as follows: ``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2012 and each of the 5 succeeding fiscal years.'' SEC. 8. TRANSITION. The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award.

After School for America's Children Act of 2012 - Amends the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (ESEA). (21st Century Community Learning Centers provide students with before and afterschool programs to improve their academic performance.) Requires the Centers to provide: (1) students with activities that are targeted to their academic needs and aligned with the instruction they receive during the school day, and (2) students' families with opportunities for active and meaningful engagement in their children's education. Includes Indian tribes or organizations among the local public or private entities that are eligible for grants from states to establish the Centers. Requires states to use at least 93% (currently 95%) of their allotment from the Secretary of Education to provide grants to those entities. Allows states to use up to 5% (currently, 3%) of their allotment for certain state activities. Requires states to use a rigorous peer review process in reviewing grant applications. Allows states to renew a grant under part B based on the grantee's performance during the original grant period. Prohibits the Secretary or states from giving funding priority to applicants that propose to use the funds to extend the regular school day. Includes among the activities grants may fund: (1) core academic subject education activities, including those that allow students to recover or attain credits; (2) literacy education programs; (3) programs that support a healthy, active lifestyle; (4) services for the disabled; (5) programs that support global education and competence; (6) social and emotional learning programming; and (7) programs that build science, technology, engineering, and mathematics (STEM) skills and support innovative STEM teaching methods. Reauthorizes the 21st Century Community Learning Centers program through FY2017.

To reauthorize 21st century community learning centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Back to Work Act of 2001''. SEC. 2. NATIONAL EMERGENCY GRANTS TO RESPOND TO THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001. (a) In General.--Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) to the Governor of any State who applies for assistance under subsection (f) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.''. (b) Requirements.--Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding at the end the following: ``(f) Relief for Dislocations Caused by the Terrorist Attacks of September 11, 2001.-- ``(1) Grant recipient eligibility.--To be eligible to receive a grant under subsection (a)(4), a Governor shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall contain a certification by the Governor that the terrorist attacks of September 11, 2001, contributed importantly to plant closures, mass layoffs of workers, multiple layoffs of workers, or other major economic dislocations in the State. ``(2) State administration.--The Governor may designate one or more local workforce investment boards or other entities with the capability to respond to the circumstances relating to the particular closure, layoff, or other dislocation to administer the grant under subsection (a)(4). ``(3) Participant eligibility.-- ``(A) In general.--An individual shall be eligible to receive assistance described in subparagraph (B) under a grant awarded under subsection (a)(4) if such individual is a dislocated worker and the Governor has certified that the terrorist attacks of September 11, 2001, contributed importantly to the dislocation. ``(B) Types of assistance.--Assistance described in this subparagraph is-- ``(i) employment and training assistance, including employment and training activities described in section 134; and ``(ii) temporary health care coverage assistance described in paragraph (4). ``(4) Temporary health care coverage assistance.-- ``(A) In general.--Temporary health care coverage assistance described in this paragraph consists of health care coverage premium assistance provided to qualified individuals under this paragraph. ``(B) Qualified individuals.--For purposes of this paragraph, a qualified individual is an individual who-- ``(i) is a dislocated worker referred to in paragraph (3)(A) with respect to whom the Governor has made the certification regarding the dislocation as required under such paragraph, and ``(ii) has enrolled in a program for health care coverage premium assistance established by the Governor for purposes of this paragraph. ``(C) Provision of assistance.--Health care coverage premium assistance provided under the program established by the Governor for purposes of this paragraph-- ``(i) shall be not in excess of 75 percent of the full amount of the premium for the health care coverage, ``(ii) shall be provided with respect to not more than the first 10 months of the period of dislocation of the qualified individual, and ``(iii) shall be credited against the premium otherwise owed with respect to the qualified individual. ``(D) Limitation on entitlement.--Nothing in this subsection shall be construed as establishing any entitlement of qualified individuals to premium assistance under this subsection. ``(E) Definitions.--For purposes of this paragraph-- ``(i) Health care coverage.--The term `health care coverage' means health insurance coverage other than coverage under-- ``(I) title XVIII of the Social Security Act, ``(II) title XIX of the Social Security Act (other than section 1928), ``(III) title XXI of the Social Security Act, ``(IV) chapter 55 of title 10, United States Code, ``(V) chapter 17 of title 38, United States Code, ``(VI) chapter 89 of title 5, United States Code (other than coverage which is comparable to continuation coverage under section 4980B of the Internal Revenue Code of 1986), or ``(VII) the Indian Health Care Improvement Act. Such term also does not include coverage under a qualified long-term care insurance contract and health insurance coverage in the individual market. ``(ii) Premium.--The term `premium' means, in connection with health care coverage, the premium which would (but for this section) be charged for the cost of coverage. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $3,000,000,000 for fiscal year 2002 for the award of grants under subsection (a)(4) in accordance with this subsection. ``(B) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A)-- ``(i) are in addition to amounts made available under section 132(a)(2)(A) or any other provision of law to carry out this section; and ``(ii) are authorized to remain available until 18 months after the date of the enactment of this subsection.''. SEC. 3. SENSE OF CONGRESS TO PROMOTE SERVICES UNDER THE WORKFORCE INVESTMENT ACT OF 1998. (a) Findings.--Congress finds the following: (1) In the wake of the terrorist attacks against the United States on September 11, 2001, many workers and their families are dealing with job loss and other effects of an economic slowdown. (2) The Workforce Investment Act of 1998 was enacted to create the Nation's coordinated workforce development system, under which assistance is provided for workers who have been laid off, including job training assistance. (3) The Workforce Investment Act of 1998 provides services such as-- (A) one-stop career centers, which provide integrated resources for job seekers and businesses, including job search, job placement services and job referrals to employers; (B) individual training accounts, which are job training vouchers established by local areas and given to individuals to allow them to choose where they would like to receive their job training; and (C) rapid response services, under which States establish on-site offices at affected businesses to make immediate contact with employees and employers to provide assistance in the areas of job search and training activities. (4) The Nation's workforce development system is designed to help individual dislocated workers and provide rapid response services in times of mass layoffs or dislocations. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Labor should continue efforts to encourage Americans to take advantage of existing services under the Workforce Investment Act of 1998 in order to assist workers during these times of unemployment.

Back to Work Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.Expresses the sense of Congress that the Secretary of Labor should continue efforts to encourage Americans to take advantage of existing services under the Workforce Investment Act of 1998 in order to assist workers during these times of unemployment.

To amend the Workforce Investment Act of 1998 to establish a national emergency grant program to respond to the terrorist attacks of September 11, 2001, and for other purposes.

. (a) Board of Concession Appeals.-- (1) Establishment.--The President shall establish an independent administrative review board to be known as the Board of Concession Appeals. The Board shall be similar to, and operate in a similar manner as, the Interior Board of Land Appeals. (2) Jurisdiction.--The Board shall adjudicate disputes between the Federal Government and concessioners arising under this Act, including (but not limited to) disputes regarding the issuance, revocation, suspension, or termination of a concession authorization, performance and evaluation ratings, sales of concession service agreements, and rate approval. The expiration of a concession authorization shall not be subject to appeal to the Board. (b) Administrative Review.--Appeals of decisions may be taken to the Board after one level of review of decisions made within an agency. (c) Judicial Review.-- (1) In general.--A person may seek judicial review of decisions made by the Board. (2) Concession service agreements.--Judicial review of decisions rendered by the Board regarding concession service agreements shall be to the United States Court of Federal Claims in accordance with section 1491 of title 28, United States Code (commonly referred to as the ``Tucker Act''). (3) Concession licenses.--Judicial review of decisions rendered by the Board regarding concession licenses shall be to the appropriate Federal District Court. (d) Inapplicability of Certain Provisions.--Disputes arising under this Act shall not be subject to the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. SEC. 13. BREACH OF CONTRACT BY THE SECRETARY CONCERNED. If the Secretary concerned breaches a concession authorization, the Secretary shall pay just compensation to the concessioner. SEC. 14. RECORDKEEPING. (a) Maintenance and Access.--Each concessioner shall keep such records as the Secretary concerned may prescribe to enable the Secretary to determine that all terms of the concession authorization have been and are being faithfully performed, and the Secretary and his duly authorized representatives shall, for the purpose of audit and examination, have access to said records and to other books, documents, and papers of the concessioner pertinent to the concession authorization and all the terms and conditions thereof. (b) Access by Comptroller General.--The Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of five calendar years after the close of the business year of each concessioner have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. SEC. 15. PRIVATIZATION OF FOREST SERVICE AND BLM LANDS SUBJECT TO CONCESSION LEASES. (a) Authorization To Sell.-- (1) In general.--Not later than the earlier of five years after the date of the enactment of this Act or the expiration of a lease of qualifying concession lands, the Secretary of Agriculture with respect to National Forest System lands and the Secretary of the Interior with respect to Bureau of Land Management lands may sell such lands to the owners of such facilities. Any such sale shall be at fair market value and, subject to valid existing rights, shall transfer all right, title, and interest of the United States in and to the lands. (2) Qualifying concession lands.--For the purposes of subsection (a), lands are qualifying concession lands if such lands are-- (A) subject to a lease on the date of the enactment of this Act for private concession facilities with a fair market value greater than $2,000,000; and (B) located either adjacent to the boundary of the Federal lands or adjacent to other significant private inholdings. (b) Appraisal.-- (1) In general.--The appropriate Secretary shall provide for an independent appraisal of the lands and interests therein to be transferred pursuant to subsection (a). The appraiser shall-- (A) utilize nationally recognized appraisal standards, including to the extent appropriate the uniform appraisal standards for Federal land acquisition; and (B) not include the value of any improvement placed on the lands by the concessioner. (2) Appraisal report.--The appraiser shall submit a detailed report to the Secretary. (3) Payments.--The Secretary may accept and use donated funds to pay, in whole or in part, for appraisals under this section. (d) Use of Proceeds by the Appropriate Secretary.--The appropriate Secretary shall deposit 50 percent of the funds generated through sales under this section to the credit of the appropriate agency in the agencywide account established under section 10(b). The remaining 50 percent of such amount shall be deposited in the Treasury as miscellaneous receipts. SEC. 16. APPLICATION OF GENERAL GOVERNMENTAL ACQUISITION REQUIREMENTS. The following laws and regulations shall not apply to concession service agreements and concession licenses under this Act: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251-266). (2) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103-355). (4) The Brooks Automatic Data Processing Act (40 U.S.C. 759). (5) Chapters 137 and 141 of title 10, United States Code. (6) The Federal Acquisition Regulation and any laws not listed in paragraphs (1) through (5) providing authority to promulgate regulations in the Federal Acquisition Regulation. (7) The Act of June 20, 1936 (20 U.S.C. 107; commonly referred to as the ``Randolph-Sheppard Act'') and the Service Contract Act of 1965 (41 U.S.C. 351 et seq.). SEC. 17. RULES OF CONSTRUCTION. Concession programs of an agency on Federal lands and waters subject to this Act shall be fully consistent with the agency's mission and laws applicable to the agency. Nothing in this Act shall be construed as limiting or restricting any right, title, or interest of the United States in any land or resources. SEC. 18. REGULATIONS. (a) In General.--Within one year after the date of enactment of this Act, the Secretary of the Interior, Secretary of Agriculture, and Secretary of the Army shall develop a single set of regulations to implement this Act. (b) Qualifications of Agency Personnel Assigned Concession Management Duties.--The Secretary, by regulation under subsection (a) and taking into account the provisions of this Act, shall specify the minimum qualifications required for agency personnel assigned predominantly to concession management duties.- SEC. 19. RELATIONSHIP TO OTHER EXISTING LAWS. (a) Repeals.-- (1) The Act entitled ``An Act relating to the establishment of concession policies in the areas administered by the National Park Service and for other purposes'' (16 U.S.C. 20- 20g) is repealed. (2) The last paragraph under the heading ``forest service'' in the Act of March 4, 1915 (38 Stat. 1101), as amended by the Act of July 28, 1956 (chap. 771; 70 Stat. 708) (16 U.S.C. 497), is repealed. (3) Section 7 of the Act of April 24, 1950 (16 U.S.C. 580d) is repealed. (b) Superseded Provisions.--The provisions of this Act shall supersede the provisions of-- (1) the Federal Water Project Recreation Act of 1965 (16 U.S.C. 460l-12-21); (2) the Federal Land Policy and Management Act of 1976 (Oct. 21, 1976); (3) the Recreation and Public Purposes Act (43 U.S.C. 869 et seq.); (4) section 4 of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'' (16 U.S.C. 460d); (5) sections 103 and 926 of the Water Resources Development Act of 1986 (100 Stat. 4084 and 4197); (6) Public Law 87-714 (16 U.S.C. 460k et seq.; commonly known as the ``Refuge Recreation Act''); and (7) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd). (c) Savings.-- (1) In general.--The repeal of any provision, and the superseding of any provision, of an Act referred to in subsection (a) or (b) shall not affect the validity of any authorizations entered into under such Act. The provisions of this Act shall apply to any such authorizations, except to the extent such provisions are inconsistent with the express terms and conditions of such authorizations. (2) Right of renewal.--The right of renewal provided for by any concession contract under any such provision shall be preserved for a single renewal of a contract following the enactment of, or concession authorization under, this Act. (3) Value of possessory interest.--Nothing in this Act shall be construed to change the value of existing possessory interest as identified in concession contracts entered into before the enactment of this Act. (d) ANILCA.--Nothing in this Act shall be construed to amend, supersede or otherwise affect any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor services. HR 2028 IH----2

Federal Land Management Agency Concession Reform Act of 1995 - Provides for a uniform concessions management policy for Federal land management agencies, including provisions regarding: (1) concession types; (2) public rates and charges; (3) concession transfers; (4) competitive selection; (5) concession fees; (6) private sector capital improvements; (7) creation of a Board of Concession Appeals; and (8) privatization of Forest Service and Bureau of Land Management lands subject to concession leases.

Federal Land Management Agency Concession Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Assistance Fund Act of 2017''. SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. ``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. ``(c) Expenditures.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through-- ``(A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and ``(B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans' Employment and Training Service, and the Department of Housing and Urban Development. ``(2) Additional allocations.--The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. ``(3) Advance notice.--The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and the Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2019 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Contributions to the Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Homeless Veterans Assistance Fund Act of 2017 This bill amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund to provide services to homeless veterans; (2) allow individual taxpayers to designate on their tax returns a portion of any overpayment of tax or an additional contribution for the fund; and (3) require the Departments of Veterans Affairs, Labor, and Housing and Urban Development, to include in the President's budget, beginning with FY2019, a description of the uses of the fund during the previous fiscal year and the proposed uses for the next fiscal year.

Homeless Veterans Assistance Fund Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``SBIR and STTR Foreign Patent Protection Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) small business concerns represent approximately 96 percent of all exporters of goods; (2) there has been dynamic growth in the number of small business concerns exporting goods, and the dollar value of their exports; (3) despite such growth, small business concerns encounter problems in obtaining financing for exports; (4) growth in United States exports will depend primarily on technology innovation, making the protection of intellectual property in the global market of special national interest; (5) the costs of filing for initial patent protection in foreign markets can be prohibitive for small business concerns involved in the Small Business Innovation Research Program (referred to in this section as ``SBIR'') and the Small Business Technology Transfer Program (referred to in this section as ``STTR''), representing an insurmountable barrier to obtaining the protection needed to pursue the international markets; (6) to overcome such barriers and to maximize the Federal investment in the SBIR and STTR programs, the Small Business Administration should be authorized to provide grants to be used to underwrite the costs of initial foreign patent applications by SBIR and STTR awardees; and (7) a program established to provide such grants should, over time, become self funding. SEC. 3. ESTABLISHMENT OF GRANT PILOT PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(w) Foreign Patent Protection Grant Pilot Program.-- ``(1) Grants authorized.--The Administrator shall make grants from the Fund established under paragraph (6) for the purpose of assisting SBIR and STTR awardees in seeking foreign patent protection in accordance with this subsection. ``(2) Number of grants.--The Administrator shall make grants under this subsection to not more than-- ``(A) a total of 100 SBIR and STTR awardees in fiscal year 2003; ``(B) a total of 200 SBIR and STTR awardees in fiscal year 2004; ``(C) a total of 300 SBIR and STTR awardees in fiscal year 2005; and ``(D) a total of 400 SBIR and STTR awardees in each of fiscal years 2006 and 2007. ``(3) Grant purposes.--Grants made under this subsection shall be used by awardees to underwrite costs associated with initial foreign patent applications for technologies or products developed under the SBIR or STTR program, and for which an application for United States patent protection has already been filed. ``(4) Considerations.--In awarding grants under this subsection, the Administrator shall consider-- ``(A) the size and financial need of the applicant; ``(B) the potential foreign market for the technology; ``(C) the time frames for filing foreign patent applications; and ``(D) such other factors as the Administrator deems relevant. ``(5) Grant amounts.--The amount of a grant made to any SBIR or STTR awardee under this subsection may not exceed $25,000, and no awardee may receive more than 1 grant under this subsection. ``(6) Establishment of revolving fund.--There is established in the Treasury of the United States a revolving fund, which shall be-- ``(A) known as the `SBIR and STTR Foreign Patent Protection Grant Fund' (referred to in this subsection as the `Fund'); ``(B) administered by the Office of Technology of the Administration; and ``(C) used solely to fund grants under this subsection and to pay the costs to the Administration of administering those grants. ``(7) Royalty fees.-- ``(A) In general.--Each recipient of a grant under this subsection shall pay a fee to the Administration, to be deposited into the Fund, based on the export sales receipts or licensing fees, if any, from the product or technology that is the subject of the foreign patent petition. ``(B) Annual installments based on receipts.--The fee required under subparagraph (A)-- ``(i) shall be paid to the Administration in annual installments, based on the export sales receipts or licensing fees described in subparagraph (A) that are collected by the grant recipient in that calendar year; ``(ii) shall not be required to be paid in any calendar year in which no export sales receipts or licensing fees described in subparagraph (A) are collected by the grant recipient; and ``(iii) shall not exceed, in total, the lesser of-- ``(I) an amount between 3 percent and 5 percent, as determined by the Administrator, of the total export sales receipts and licensing fees referred to in subparagraph (A); or ``(II) 4 times the amount of the grant received. ``(8) Administrative provisions.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall-- ``(A) issue such regulations as are necessary to carry out this subsection; and ``(B) establish appropriate application and other administrative procedures, as the Administrator deems necessary. ``(9) Report.--The Administrator shall, on January 31, 2006, submit a report to the Congress on the grants authorized by this subsection, which report shall include-- ``(A) the number of grant recipients under this subsection since the date of enactment of this subsection; ``(B) the number of such grant recipients that have made foreign sales (or granted licenses to make foreign sales) of technologies or products developed under the SBIR or STTR program; ``(C) the total amount of fees paid into the Fund by recipients of grants under this subsection in accordance with paragraph (7); ``(D) recommendations for any adjustment in the percentages specified in paragraph (7)(B)(iii)(I) or the amount specified in paragraph (7)(B)(iii)(II) necessary to reduce to zero the cost to the Administration of making grants under this subsection; and ``(E) any recommendations of the Administrator regarding whether authorization for grants under this subsection should be extended, and any necessary legislation related to such an extension. ``(10) Authorization of appropriations.--There is authorized to be appropriated to the Fund, to remain available until expended-- ``(A) $2,500,000 for fiscal years 2003; ``(B) $5,000,000 for fiscal year 2004; ``(C) $7,500,000 for fiscal year 2005; and ``(D) $10,000,000 for each of fiscal years 2006 and 2007.''.

SBIR and STTR Foreign Patent Protection Act of 2001 - Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to make one grant of up to $25,000, from the SBIR and STTR Foreign Patent Protection Fund (established under this Act) to any Small Business Innovation Research Program (SBIR) or Small Business Technology Transfer Program (STTR) to underwrite costs associated with initial foreign patent applications for technologies or products developed under the SBIR or STTR, and for which an application for U.S. patent protection has already been filed.Establishes the SBIR and STTR Foreign Patent Protection Fund in the Treasury to be used solely to fund such grants and to pay SBA costs of administering them.Requires each grant recipient to pay annual royalty fees to the Administration, for deposit into the Fund, based on the export sales receipts or licensing fees, if any, from the product or technology that is the subject of the foreign patent petition.

A bill entitled the "SBIR and STTR Foreign Patent Protection Act of 2001".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Survivors Support Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Torture.--The term ``torture'' has the meaning given the term in section 2340(l) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE. (a) Policy.--It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. (b) Regulations.--Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. (c) Exclusion of Certain Aliens.--To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). (d) Review and Construction.--Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (e) Authority To Detain.--Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act. (f) Definitions.-- (1) Convention defined.--In this section, the term ``Convention'' means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment of Punishment, done at New York on December 10, 1984. (2) Same terms as in the convention.--Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) Covered Aliens.--An alien described in this section is any alien who presents a claim of having been subjected to torture, or whom there is reason to believe has been subjected to torture. (b) Consideration of the Effects of Torture.--In considering an application by an alien described in subsection (a) for refugee status under section 207 of the Immigration and Nationality Act, asylum under section 208 of that Act, or withholding of removal under section 241(b)(3) of that Act, the appropriate officials shall take into account-- (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)), refugees who have been subjected to torture shall be considered to be refugees of special humanitarian concern to the United States and shall be accorded priority for resettlement at least as high as that accorded any other group of refugees. (d) Processing for Asylum and Withholding of Removal.--Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by adding at the end the following new clause: ``(iv) Special procedures for aliens who are the victims of torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum under section 208 of the Immigration and Nationality Act or the withholding of removal under section 241(b)(3) of that Act with respect to the alien would not aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify.''. (e) Parole in Lieu of Detention.--The finding that an alien is a person described in subsection (a) shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention. (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``, or to an alien described in section 5(a) of the Survivors of Torture Support Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.

Torture Survivors Support Act - Declares that it is U.S. policy not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. Requires the heads of the appropriate agencies to prescribe regulations to implement U.S. obligations under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment of Punishment, subject to any provisos contained in the U.S. Senate resolution of ratification of the Convention. Directs that such regulations exclude from protection certain aliens (e.g., those that committed serious nonpolitical crimes). Denies a court jurisdiction to review the regulations adopted, except as part of the review of a final order of removal. (Sec. 5) Requires the appropriate officials, in considering an application by an alien who presents a claim of having been (or whom there is reason to believe has been) subjected to torture, to take into account: (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or its incidence is reduced, their torturers may have gone unpunished and may remain in positions of authority. Requires refugees who have been subjected to torture to be considered refugees of special humanitarian concern to the United States and to be accorded priority for settlement at least as high as that accorded any other group of refugees. Amends the Immigration and Nationality Act to establish special procedures for aliens who are the victims of torture. Requires an asylum officer or immigration judge, with the alien's consent, to: (1) expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum or the withholding of removal with respect to the alien would not aggravate the physical or psychological effects of torture; and (2) postpone any such interview or proceeding if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify. Makes the finding that an alien is the victim of torture a strong presumptive basis for a grant of parole in lieu of detention. Exempts such an alien from expedited removal. Expresses the sense of the Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for relevant immigration-related officials of the Department of Justice, and the Secretary of State to provide training for consular officers, regarding: (1) the identification of torture and of the surrounding circumstances in which torture is most often practiced; (2) the long-term effects of torture upon a victim; (3) the identification of the physical, cognitive, and emotional effects of torture and the manner in which such effects can affect the interview or hearing process; and (4) the manner of interviewing torture victims to avoid retraumatizing them, eliciting the necessary information to document the torture, and understanding the difficulties victims often have in recounting their experience. Requires gender-specific training on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.

Torture Survivors Support Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act''. TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT SEC. 101. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS. ``(a) Authorization.--After the date of enactment of the Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act, the Secretary may implement the terms of any transboundary hydrocarbon agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Secretary shall protect the interests of the United States to promote domestic job creation and ensure the expeditious and orderly development and conservation of domestic mineral resources in accordance with all applicable United States laws governing the exploration, development, and production of hydrocarbon resources on the outer Continental Shelf. ``(b) Submission to Congress.-- ``(1) In general.--No later than 180 days after all parties to a transboundary hydrocarbon agreement have agreed to its terms, a transboundary hydrocarbon agreement that does not constitute a treaty in the judgment of the President shall be submitted by the Secretary to-- ``(A) the Speaker of the House of Representatives; ``(B) the Majority Leader of the Senate; ``(C) the Chair of the Committee on Natural Resources of the House of Representatives; and ``(D) the Chair of the Committee on Energy and Natural Resources of the Senate. ``(2) Contents of submission.--The submission shall include-- ``(A) any amendments to this Act or other Federal law necessary to implement the agreement; ``(B) an analysis of the economic impacts such an agreement and any amendments necessitated by the agreement will have on domestic exploration, development, and production of hydrocarbon resources on the outer Continental Shelf; and ``(C) a detailed description of any regulations expected to be issued by the Secretary to implement the agreement. ``(c) Implementation of Specific Transboundary Agreement With Mexico.--The Secretary may take actions as necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, including-- ``(1) approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; ``(2) making available, in the limited manner necessary under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the exploration, development, and production of oil and natural gas from a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law; ``(3) taking actions consistent with an expert determination under the agreement; and ``(4) ensuring only appropriate inspection staff at the Bureau of Safety and Environmental Enforcement or other Federal agency personnel designated by the Bureau, the operator, or the lessee have authority to stop work on any installation or other device or vessel permanently or temporarily attached to the seabed of the United States, which may be erected thereon for the purpose of resource exploration, development or production activities as approved by the Secretary. ``(d) Exemption From Resources Extraction Reporting Requirement.-- Actions taken by a public company in accordance with any transboundary hydrocarbon agreement shall not constitute the commercial development of oil, natural gas, or minerals for purposes of section 13(q) of the Securities Exchange Act of 1934 (157 U.S.C. 78m(q)). ``(e) Savings Provisions.--Nothing in this section shall be construed-- ``(1) to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the United States maritime border with Cuba or the area known by the Department of the Interior as the `Eastern Gap'; or ``(2) as affecting the sovereign rights and the jurisdiction that the United States has under international law over the outer Continental Shelf which appertains to it.''. TITLE II--APPROVAL OF TRANSBOUNDARY HYDROCARBON AGREEMENT SEC. 201. APPROVAL OF AGREEMENT WITH MEXICO. The Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, is hereby approved. Passed the House of Representatives June 27, 2013. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on June 6, 2013. Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act - Title I: Amendment to the Outer Continental Shelf Lands Act - (Sec. 101) Amends the Outer Continental Shelf Lands Act (OCSLA) to authorize the Secretary of the Interior to implement any agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. Prescribes procedures for submission of such agreements to Congress. Authorizes the Secretary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012 (the Agreement), including: (1) approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; (2) making available, subject to the agreement's confidentiality protections, information pertaining to such activities that may be considered confidential, privileged, or proprietary; and (3) ensuring that only the operator, lessee, or inspection staff at the Bureau of Safety and Environmental Enforcement have authority to stop work on such activities on any production site attached to the U.S. seabed. Exempts from resources extraction reporting requirements under the Securities Exchange Act of 1934 any actions taken by a public company in accordance with a transboundary hydrocarbon agreement. Prohibits this Act from being construed as: (1) authorizing the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the U.S. maritime border with Cuba (including the area known as the "Eastern Gap"); or (2) affecting U.S. sovereign rights and jurisdiction over the outer Continental Shelf which appertains to it. Title II: Approval of Transboundary Hydrocarbon Agreement - (Sec. 201) Approves the Agreement.

Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telehealth Improvement and Expansion Act of 2010''. SEC. 2. REAUTHORIZATION OF TELEHEALTH AND TELEMEDICINE GRANT PROGRAMS. (a) Telehealth Network and Telehealth Resource Centers Grant Programs.--Section 330I (42 U.S.C. 254c-14) is amended-- (1) in subsection (a), by amending paragraph (3) to read as follows: ``(3) Frontier community.--The term `frontier community' shall have such meaning as developed by the Secretary, in consultation with the Secretary of Agriculture, not later than one year after the date of the enactment of the Telehealth Improvement and Expansion Act of 2010.''; (2) in subsection (b), by striking ``, under section 301,''; (3) in subsection (c)(2), by striking ``under section 301'' and inserting ``under this section''; (4) in subsection (f)(1)(B)(iii)-- (A) in subclause (IV), by striking ``Local health departments'' and inserting ``State, local, or tribal health departments''; (B) in subclause (VII), by inserting ``, including skilled nursing facilities'' before the period at the end; (C) in subclause (IX), by inserting ``, including community mental health centers or county mental health and public mental health facilities'' before the period at the end; and (D) by adding at the end the following: ``(XIII) Renal dialysis facilities.''; (5) by amending subsection (i) to read as follows: ``(i) Preferences.-- ``(1) Telehealth networks.--In awarding grants under subsection (d)(1) for projects involving telehealth networks, the Secretary shall give preference to eligible entities meeting at least one of the following: ``(A) Network.--The eligible entity is a health care provider in, or proposing to form, a health care network that furnishes services in a medically underserved area or a health professional shortage area. ``(B) Broad geographic coverage.--The eligible entity demonstrates broad geographic coverage in the rural or medically underserved areas of the State or States in which the entity is located. ``(C) Linkages.--The eligible entity demonstrates its ability to use the grant to establish or develop plans for telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. ``(D) Efficiency.--The eligible entity demonstrates its ability to use the grant to promote greater efficiency in the use of health care resources. ``(E) Viability.--The eligible entity demonstrates the long-term viability of projects through-- ``(i) availability of non-Federal funding sources; and ``(ii) institutional and community support for the telehealth network. ``(F) Services.--The eligible entity provides a plan for coordinating system use by eligible entities and prioritizes use of grant funds for health care services over nonclinical uses. ``(2) Telehealth resource centers.--In awarding grants under subsection (d)(2) for projects involving telehealth resource centers, the Secretary shall give preference to eligible entities meeting at least one of the following: ``(A) Provision of a broad range of services.--The eligible entity has a record of success in the provision of a broad range of telehealth services to medically underserved areas or populations. ``(B) Provision of telehealth technical assistance.--The eligible entity has a record of success in the provision of technical assistance to providers serving medically underserved areas or populations in the establishment and implementation of telehealth services. ``(C) Collaboration and sharing of expertise.--The eligible entity has a demonstrated record of collaborating and sharing expertise with providers of telehealth services at the national, regional, State, and local levels.''; (6) in subsection (j)(2)(B), by striking ``such projects for fiscal year 2001'' and all that follows through the period and inserting ``such projects for fiscal year 2010.''; (7) in subsection (k)(1)-- (A) in subparagraph (E)(i), by striking ``transmission of medical data'' and inserting ``transmission and electronic archival of medical data''; and (B) by amending subparagraph (F) to read as follows: ``(F) developing projects to use telehealth technology to-- ``(i) facilitate collaboration between health care providers; ``(ii) promote telenursing services; or ``(iii) promote patient understanding and adherence to national guidelines for chronic disease and self-management of such conditions;''; (8) in subsection (n), by inserting ``and minimize duplication'' before the period at the end; (9) in subsection (q), by striking ``Not later than September 30, 2005'' and inserting ``Not later than 1 year after the date of the enactment of the Telehealth Improvement and Expansion Act of 2010, and annually thereafter''; (10) by striking subsection (r); (11) by redesignating subsection (s) as subsection (r); and (12) in subsection (r) (as so redesignated)-- (A) in paragraph (1)-- (i) by striking ``and'' before ``such sums''; and (ii) by inserting ``, $10,000,000 for each of the fiscal years 2012 through 2016'' before the semicolon; and (B) in paragraph (2)-- (i) by striking ``and'' before ``such sums''; and (ii) by inserting ``, $10,000,000 for each of the fiscal years 2012 through 2016'' before the period. (b) Telemedicine; Incentive Grants Regarding Coordination Among States.--Subsection (b) of section 330L (42 U.S.C. 254c-18) is amended by inserting ``, $10,000,000 for each of the fiscal years 2012 through 2016'' before the period at the end.

Telehealth Improvement and Expansion Act of 2010 - Amends the Public Health Service Act to reauthorize appropriations for telehealth network and telehealth resource center grant programs. Includes state, local, and tribal health departments (currently, local health departments), skilled nursing facilities, community mental health centers, county mental health and public mental health facilities, and renal dialysis facilities as the entities that may be part of an eligible telehealth network. Revises the preferences for telehealth network grants to require the Secretary of Health and Human Services (HHS) to give preference to an eligible entity that: (1) is a health care provider in a health care network that furnishes services in a medically underserved area or a health professional shortage area; (2) demonstrates broad geographic coverage in the rural or medically undeserved areas of the state or states in which the entity is located; and (3) demonstrates its ability to use the grant to establish or develop plans for telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. Reauthorizes appropriations for grants to state professional licensing boards to develop and implement state policies that will reduce statutory and regulatory barriers to telemedicine.

To amend the Public Health Service Act to reauthorize telehealth and telemedicine grant programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory Prison Work and Drug Testing Act of 2003''. SEC. 2. MANDATORY WORK REQUIREMENT FOR FEDERAL INMATES. Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note) is amended by adding at the end the following: ``(b) 50 Hour Workweek.-- ``(1) In general.--Subject to subsection (a), inmates confined in Federal prisons shall engage in-- ``(A) work, for not less than 50 hours weekly; ``(B) job-training; and ``(C) educational and life skills preparation study. ``(2) Nonprofits.--The services of inmates confined in Federal prisons may be made available to nonprofit entities to carry out the business or other functions of that nonprofit entity. ``(3) Use of wages.-- ``(A) In general.--Wages may be earned by inmates engaged in the 50 hour work week program under paragraph (1), and of those wages-- ``(i) one fourth shall be used to offset the cost of incarceration of the inmate; ``(ii) one fourth shall be used for victim restitution; ``(iii) one tenth shall be held in a non- interest bearing account for the individual inmate and shall be paid upon release of that inmate from prison; ``(iv) one fourth shall be paid directly to the inmate for mandatory expenses and for daily basic needs while the inmate is incarcerated; and ``(v) the remainder shall be distributed to-- ``(I) States that the Attorney General determines have substantially the same prison work requirements and prison conditions as established for Federal prisons; and ``(II) local jurisdictions that operate correctional facilities to benefit the dependents of inmates. ``(B) Noneligibility for release.--If an inmate is not eligible for release, the amount held under subparagraph (A)(iii) shall immediately be available for use under subparagraph (A)(ii).''. SEC. 3. FEDERAL PRISONS. (a) Zero Tolerance Policy for Drug Use.--There shall be established a zero tolerance policy for drug use in the Federal prison system, which shall include-- (1) not less than 12 times each year, random drug testing of inmates and routine sweeps and inspections for drugs and other contraband in prison cells; (2) mandatory drug testing of a prison employee upon the hiring of that employee; (3) not less than 2 times each year, random drug testing of all prison employees; (4) mandatory drug testing of an inmate upon release of that inmate from prison; (5) prison disciplinary actions and criminal prosecution for the possession or use of any drugs in any Federal prison; and (6) residential drug treatment programs for all inmates. (b) Prison Conditions.--The Bureau of Prisons shall ensure that Federal prisoners do not-- (1) smoke, use, or possess any type of tobacco; (2) possess, view, or read pornographic or sexually explicit materials; (3) possess microwave ovens, hot plates, toaster ovens, televisions (unless provided by the prison for group viewing), or video cassette recorders (VCRs); (4) possess or listen to music which contains lyrics that are violent, sexually explicit, vulgar, glamorize gang membership or activities, demean women, or disrespect law enforcement; (5) view cable television which is not educational in nature; and (6) engage in sexual activity. SEC. 4. DRUG-FREE STATE PRISONS AND LOCAL JAILS INCENTIVE GRANTS. Subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) is amended by adding at the end the following: ``SEC. 20113. DRUG-FREE PRISONS AND JAILS BONUS GRANTS. ``(a) In General.--The Attorney General shall make incentive grants in accordance with this section to eligible States and units of local government in order to establish drug-free prisons and jails. ``(b) Reservation of Funds.--Notwithstanding any other provision of this subtitle, in each fiscal year, before making the allocations under sections 20106 and 20108(a)(2), or the reservation under section 20109, the Attorney General shall reserve 10 percent of the amount made available to carry out this subtitle for grants under this section. ``(c) Eligibility.-- ``(1) In general.--To be eligible to receive a grant under this section, a State or unit of local government shall establish within 12 months of the initial submission of an application for a grant under this section, a program for drug- free prisons and jails within the jurisdiction of that State or unit of local government. ``(2) Contents of program or policy.--The drug-free prisons and jails program established under paragraph (1) shall include-- ``(A) a zero-tolerance policy for drug use or presence in State or local facilities, including, not less than 12 times each year, random drug testing of inmates and routine sweeps and inspections for drugs and other contraband in prison and jail cells; ``(B) prison disciplinary actions and criminal prosecution for the possession or use of any drugs in any prison or jail; ``(C) mandatory drug testing of a prison or jail employee upon the hiring of that employee; ``(D) not less than 2 times each year, random drug testing of all prison and jail employees; ``(E) mandatory drug testing of all inmates upon intake and upon release from incarceration; and ``(F) residential drug treatment programs for all inmates. ``(d) Application.--In order to be eligible to receive a grant under this section, a State or unit of local government shall submit to the Attorney General an application, in such form and containing such information, including rates of positive drug tests among inmates upon intake and release from incarceration, as the Attorney General may reasonably require. ``(e) Use of Funds.--Amounts received by a State or unit of local government from a grant under this section may be used-- ``(1) to implement the program established under subsection (c); or ``(2) for any other purpose permitted by this subtitle. ``(f) Allocation of Funds.--Grants awarded under this section shall be in addition to any other grants a State or unit of local government may be eligible to receive under this subtitle or under part S of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et seq.). ``(g) Authorization of Appropriations.--In addition to amounts allocated under this subtitle, there are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2004 through 2006.''. SEC. 5. BOOT CAMP REQUIREMENT. Section 4046 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The Bureau of Prisons may'' and inserting ``Except as provided in subsection (d), the Bureau of Prisons shall''; and (B) by striking ``of more than 12'' and all that follows through the end of such subsection and inserting a period; (2) in subsection (b), by striking ``not to exceed 6 months'' and inserting ``which shall be not less than 4 weeks''; and (3) by adding at the end the following: ``(d) An inmate who, in the judgment of the Bureau of Prisons, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate in the activities required by shock incarceration, shall be-- ``(1) confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration; and ``(2) be granted only those privileges that are required by law.''.

Mandatory Prison Work and Drug Testing Act of 2003 - Amends the Crime Control Act of 1990 to require inmates confined in Federal prisons to engage in: (1) work for not less than 50 hours weekly; (2) job training; and (3) educational and life skills preparation study. Allows the services of inmates to be made available to nonprofit entities.Prescribes the portions of an inmate's earned wages to be allocated to offset the cost of incarceration, for victim restitution, to be held for the inmate until release in a non-interest bearing account, to be paid directly to the inmate for mandatory expenses and daily basic needs while incarcerated, and to be distributed to certain States and local jurisdictions.Requires: (1) the establishment of a zero tolerance policy for drug use in the Federal prison system, including random drug testing of inmates and prison employees, routine sweeps for contraband, and residential drug treatment programs for all inmates; and (2) the Bureau of Prisons to ensure that Federal prisoners do not use or possess tobacco, possess or view sexually explicit materials, possess televisions (unless provided by the prison for group viewing), listen to music containing violent or certain other types of lyrics, view cable television which is not educational, and engage in sexual activity.Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to make incentive grants to eligible States and local governments to establish drug-free prisons and jails.Requires the Bureau of Prisons to place in a shock incarceration program any person who is sentenced to a term of imprisonment (current law permits program placement for a consenting person sentenced to imprisonment for 12 to 30 months).

A bill to require a 50 hour workweek for Federal prison inmates and to establish a grant program for mandatory drug testing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Forestry Conservation Act of 2005''. SEC. 2. FOREST CONSERVATION BONDS. (a) Tax-Exempt Bond Financing.-- (1) In general.--For purposes of the Internal Revenue Code of 1986, any qualified forest conservation bond shall be treated as an exempt facility bond under section 142 of such Code. (2) Qualified forest conservation bond.--For purposes of this section, the term ``qualified forest conservation bond'' means any bond issued as part of an issue if-- (A) 95 percent or more of the net proceeds (as defined in section 150(a)(3) of such Code) of such issue are to be used for qualified project costs, (B) such bond is issued for a qualified organization, and (C) such bond is issued before the date which is 36 months after the date of the enactment of this Act. (3) Limitation on aggregate amount issued.-- (A) In general.--The maximum aggregate face amount of bonds which may be issued under this subsection shall not exceed $10,000,000,000 for all projects (excluding refunding bonds). (B) Allocation of limitation.--The limitation described in subparagraph (A) shall be allocated by the Secretary of the Treasury among qualified organizations as follows: (i) 40 percent for qualified project costs with respect to the cost of acquisition by any qualified organization in the Pacific Northwest region. (ii) 25 percent for qualified project costs with respect to the cost of acquisition by any qualified organization in the Western region. (iii) 17.5 percent for qualified project costs with respect to the cost of acquisition by any qualified organization in the Southeast region. (iv) 17.5 percent for qualified project costs with respect to the cost of acquisition by any qualified organization in the Northeast region. (C) Procedure for issuance.--The amount of the limitation under each of the clauses of subparagraph (B) shall be allocated on a first-come, first-served basis. (D) Regions.--For purposes of this paragraph-- (i) Pacific northwest region.--The term ``Pacific Northwest region'' means Region 6 as defined by the United States Forest Service of the Department of Agriculture under section 202.2 of title 36, Code of Federal Regulations. (ii) Western region.--The term ``Western region'' means Regions 1, 2, 3, 4, 5, and 10 (as so defined). (iii) Southeast region.--The term ``Southeast region'' means Region 8 (as so defined). (iv) Northeast region.--The term ``Northeast region'' means Region 9 (as so defined). (4) Qualified project costs.--For purposes of this subsection, the term ``qualified project costs'' means the sum of-- (A) the cost of acquisition by the qualified organization from an unrelated person of forests and forest land which at the time of acquisition or immediately thereafter are subject to a conservation restriction described in subsection (c)(2), (B) capitalized interest on the qualified forest conservation bonds for the 3-year period beginning on the date of issuance of such bonds, and (C) credit enhancement fees which constitute qualified guarantee fees (within the meaning of section 148 of such Code). (5) Special rules.--In applying the Internal Revenue Code of 1986 to any qualified forest conservation bond, the following modifications shall apply: (A) Section 146 of such Code (relating to volume cap) shall not apply. (B) For purposes of section 147(b) of such Code (relating to maturity may not exceed 120 percent of economic life), the land and standing timber acquired with proceeds of qualified forest conservation bonds shall have an economic life of 35 years. (C) Subsections (c) and (d) of section 147 of such Code (relating to limitations on acquisition of land and existing property) shall not apply. (D) Section 57(a)(5) of such Code (relating to tax- exempt interest) shall not apply to interest on qualified forest conservation bonds. (6) Treatment of current refunding bonds.--Paragraphs (2)(C) and (3) shall not apply to any bond (or series of bonds) issued to refund a qualified forest conservation bond issued before the date which is 36 months after the date of the enactment of this Act, if-- (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (C) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A) of such Code. (7) Effective date.--This subsection shall apply to obligations issued on or after the date which is 180 days after the enactment of this Act. (b) Items From Qualified Harvesting Activities Not Subject to Tax or Taken Into Account.-- (1) In general.--Income, gains, deductions, losses, or credits from a qualified harvesting activity conducted by a qualified organization shall not be subject to tax or taken into account under subtitle A of the Internal Revenue Code of 1986. (2) Limitation.--The amount of income excluded from gross income under paragraph (1) for any taxable year shall not exceed the amount used by the qualified organization to make debt service payments during such taxable year for qualified forest conservation bonds. (3) Qualified harvesting activity.--For purposes of paragraph (1)-- (A) In general.--The term ``qualified harvesting activity'' means the sale, lease, or harvesting, of standing timber-- (i) on land owned by a qualified organization which was acquired with proceeds of qualified forest conservation bonds, and (ii) pursuant to a qualified conservation plan adopted by the qualified organization. (B) Exceptions.-- (i) Cessation as qualified organization.-- The term ``qualified harvesting activity'' shall not include any sale, lease, or harvesting for any period during which the organization ceases to qualify as a qualified organization. (ii) Exceeding limits on harvesting.--The term ``qualified harvesting activity'' shall not include any sale, lease, or harvesting of standing timber on land acquired with proceeds of qualified forest conservation bonds to the extent that-- (I) the average annual area of timber harvested from such land exceeds 2.5 percent of the total area of such land or, (II) the quantity of timber removed from such land exceeds the quantity which can be removed from such land annually in perpetuity on a sustained- yield basis with respect to such land. The limitations under subclauses (I) and (II) shall not apply to post-fire restoration and rehabilitation or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow, or other catastrophes, or which are in imminent danger from insect or disease attack. (4) Termination.--This subsection shall not apply to any qualified harvesting activity of a qualified organization occurring after the date on which there is no outstanding qualified forest conservation bond with respect to such qualified organization or any such bond ceases to be a tax- exempt bond. (5) Partial recapture of benefits if harvesting limit exceeded.--If, as of the date that this subsection ceases to apply under paragraph (3), the average annual area of timber harvested from the land exceeds the requirement of paragraph (3)(B)(ii)(I), the tax imposed by chapter 1 of the Internal Revenue Code of 1986 shall be increased, under rules prescribed by the Secretary of the Treasury, by the sum of the tax benefits attributable to such excess and interest at the underpayment rate under section 6621 of such Code for the period of the underpayment. (c) Definitions.--For purposes of this section-- (1) Qualified conservation plan.--The term ``qualified conservation plan'' means a multiple land use program or plan which-- (A) is designed and administered primarily for the purposes of protecting and enhancing wildlife and fish, timber, scenic attributes, recreation, and soil and water quality of the forest and forest land, (B) mandates that conservation of forest and forest land is the single-most significant use of the forest and forest land, and (C) requires that timber harvesting be consistent with-- (i) restoring and maintaining reference conditions for the region's ecotype, (ii) restoring and maintaining a representative sample of young, mid, and late successional forest age classes, (iii) maintaining or restoring the resources' ecological health for purposes of preventing damage from fire, insect, or disease, (iv) maintaining or enhancing wildlife or fish habitat, or (v) enhancing research opportunities in sustainable renewable resource uses. (2) Conservation restriction.--The conservation restriction described in this paragraph is a restriction which-- (A) is granted in perpetuity to an unrelated person which is described in section 170(h)(3) of such Code and which, in the case of a nongovernmental unit, is organized and operated for conservation purposes, (B) meets the requirements of clause (ii) or (iii)(II) of section 170(h)(4)(A) of such Code, (C) obligates the qualified organization to pay the costs incurred by the holder of the conservation restriction in monitoring compliance with such restriction, and (D) requires an increasing level of conservation benefits to be provided whenever circumstances allow it. (3) Qualified organization.--The term ``qualified organization'' means an organization-- (A) more than half of the value of the property of which consists of forests and forest land acquired with the proceeds from qualified forest conservation bonds, (B) which periodically conducts educational programs designed to inform the public of environmentally sensitive forestry management and conservation techniques, (C) which has at all times a board of directors-- (i) at least 20 percent of the members of which represent the holders of the conservation restriction described in paragraph (2), (ii) at least 20 percent of the members of which are public officials, and (iii) not more than one-third of the members of which are individuals who are or were at any time within 5 years before the beginning of a term of membership on the board, an employee of, independent contractor with respect to, officer of, director of, or held a material financial interest in, a commercial forest products enterprise with which the qualified organization has a contractual or other financial arrangement, (D) the bylaws of which require at least two-thirds of the members of the board of directors to vote affirmatively to approve the qualified conservation plan and any change thereto, and (E) upon dissolution, is required to dedicate its assets to-- (i) an organization described in section 501(c)(3) of such Code which is organized and operated for conservation purposes, or (ii) a governmental unit described in section 170(c)(1) of such Code. (4) Unrelated person.--The term ``unrelated person'' means a person who is not a related person. (5) Related person.--A person shall be treated as related to another person if-- (A) such person bears a relationship to such other person described in section 267(b) (determined without regard to paragraph (9) thereof), or 707(b)(1), of such Code, determined by substituting ``25 percent'' for ``50 percent'' each place it appears therein, and (B) in the case such other person is a non-profit organization, if such person controls directly or indirectly more than 25 percent of the governing body of such organization.

Community Forestry Conservation Act of 2005 - Provides for the treatment of qualified forest conservation bonds as tax-exempt facility bonds under the Internal Revenue Code. Defines "qualified forest conservation bonds" as bonds issued for certain forestry organizations within 36 months after the enactment of this Act. Requires 95 percent or more of the net proceeds of such bonds to be used for specified forestry project costs, including the acquisition of forest lands subject to a conservation restriction. Exempts from income tax income, gains, and other tax incidents generated by certain harvesting activity on forest lands purchased with qualified forest conservation bonds.

A bill to provide a Federal tax exemption for forest conservation bonds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Using Evidence to Move Welfare Recipients into Work Act''. SEC. 2. WHAT WORKS CLEARINGHOUSE. Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following: ``(k) Development of What Works Clearinghouse of Proven and Promising Approaches Into Move Welfare Recipients to Work.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Labor, shall develop a database (which shall be referred to as the `What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work') of the projects that used a proven approach or a promising approach in moving welfare recipients into work, based on independent, rigorous evaluations of the projects. The database shall include a separate listing of projects that used a developmental approach in delivering services and a further separate listing of the projects that used an approach in delivering services that was proven to be ineffective in achieving positive outcomes. The Secretary shall add to the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work data about the projects that, based on an independent, well-conducted experimental evaluation of a program or project, using random assignment or other research methodologies that allow for the strongest possible causal inferences, have shown they are proven, promising, developmental, or ineffective approaches. ``(2) Criteria for evidence of effectiveness of approach.-- The Secretary, in consultation with the Secretary of Labor and organizations with experience in evaluating research on the effectiveness of various approaches in delivering services to move welfare recipients into work, shall-- ``(A) establish criteria for evidence of the effectiveness of the approaches used in the demonstration projects; and ``(B) ensure that the process for establishing the criteria-- ``(i) is transparent; ``(ii) is consistent across agencies; ``(iii) provides opportunity for public comment; and ``(iv) takes into account efforts of Federal agencies to identify and publicize effective interventions, including efforts at the Department of Health and Human Services, the Department of Education, and the Department of Justice. ``(3) Definitions.--In this subsection: ``(A) Approach.--The term `approach' means a process, product, strategy, or practice that is-- ``(i) research-based, based on the results of 1 or more empirical studies, and linked to program-determined outcomes; and ``(ii) evaluated using rigorous research designs. ``(B) Proven approach.--The term `proven approach' means an approach used in a demonstration project conducted under this section that-- ``(i) meets the requirements of a promising approach; and ``(ii) has demonstrated significant positive outcomes at more than 1 site in terms of increasing work and earnings of participants, reducing poverty and dependence, or strengthening families. ``(C) Promising approach.--The term `promising approach' means an approach used in a demonstration project conducted under this section-- ``(i) that has been used in the project or elsewhere for at least 3 years; ``(ii) that meets the requirements of subparagraph (D)(i); ``(iii) that has been evaluated using well- designed and rigorous randomized controlled or quasi-experimental research designs; ``(iv) that has demonstrated significant positive outcomes at only 1 site in terms of increasing work and earnings of participants, reducing poverty and dependence, or strengthening families; and ``(v) under which the benefits of the positive outcomes have exceeded the costs of achieving the outcomes. ``(D) Developmental approach.--The term `developmental approach' means an approach used in a demonstration project conducted under this section that-- ``(i) is research-based, grounded in relevant empirically based knowledge, and linked to program-determined outcomes; ``(ii) is evaluated using rigorous research designs; and ``(iii) has yet to demonstrate a significant positive outcome in terms of increasing work and earnings of participants in a cost-effective way. ``(4) Funding.--Of the amounts made available to carry out section 403(b) for fiscal year 2016 and each succeeding fiscal year, the Secretary shall reserve such funds as are necessary to carry out this subsection.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2015.

Using Evidence to Move Welfare Recipients into Work Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to direct the Department of Health and Human Services to develop a database of the projects that used a proven approach or a promising approach in moving welfare recipients into work, which shall be called the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work.

Using Evidence to Move Welfare Recipients into Work Act

SECTION 1. SHORT TITLE. (a) In General.--This Act may be cited as the ``Family Farm, Small Business, and Home Tax Relief Act''. (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. ACCELERATION OF INCREASE IN UNIFIED CREDIT. (a) In General.--Subsection (c) of section 2010 (relating to unified credit against tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000. ``(2) Cost-of-living adjustment.--In the case of any decedent dying in a calendar year after 2008, the $3,500,000 amount 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 such calendar year by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2007. SEC. 3. ACCELERATION OF REDUCTION IN MAXIMUM ESTATE TAX RATE. (a) Maximum Estate Tax Rate.-- (1) The table contained in paragraph (1) of section 2001(c) is amended by striking the 2 highest brackets. (2) Section 2001(c), as amended by paragraph (1), is amended by striking ``(1) In general.--'' and by striking paragraph (2). (b) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2007. SEC. 4. RESTORATION OF, AND INCREASE IN, DEDUCTION FOR FAMILY-OWNED BUSINESS INTERESTS. (a) Restoration.--Subsection (j) of section 2057 (relating to termination) is amended to read as follows: ``(j) Application of Section.--This section-- ``(1) shall not apply to estates of decedents dying after December 31, 2003, and before January 1, 2008, but ``(2) shall apply to estates of decedents dying after December 31, 2007.''. (b) Increase.-- (1) In general.--Subsection (a) of section 2057 is amended-- (A) by striking ``$675,000'' in paragraph (2) and inserting ``$8,000,000'', and (B) by striking paragraph (3). (2) Cost-of-living adjustment.--Subsection (a) of section 2057 is amended by adding at the end the following new paragraph: ``(3) Cost-of-living adjustment.--In the case of any decedent dying in a calendar year after 2008, the $8,000,000 amount in paragraph (2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2006' 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.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2007. SEC. 5. ACCELERATION OF REPEAL OF TAX ON GENERATION-SKIPPING TRANSFERS. Section 2664 (relating to termination) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2007''. SEC. 6. EXCLUSION FROM GROSS ESTATE OF VALUE OF PRINCIPAL RESIDENCE. (a) In General.--Subchapter A of chapter 11 is amended by adding at the end the following new section: ``SEC. 2059. PRINCIPAL RESIDENCE. ``(a) In General.--For purposes of the tax imposed by section 2001, in the case of a decedent who was (at the date of the decedent's death) a citizen or resident of the United States, the value of the taxable estate shall be determined by deducting from the value of the gross estate the adjusted value of any residence if-- ``(1) such residence is included in determining the value of the gross estate, ``(2) such residence is located in the United States, and ``(3) during the 8-year period ending on the date of the decedent's death, there have been periods aggregating 5 years during which such residence was owned by the decedent or a member of the decedent's family and used by the decedent or such a member as their principal residence (within the meaning of section 121). ``(b) Limitation.-- ``(1) In general.--The deduction allowed by this section shall not exceed $2,000,000. ``(2) Cost-of-living adjustment.--In the case of any decedent dying in a calendar year after 2008, the $2,000,000 amount 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 such calendar year by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(c) Adjusted Value.--For purposes of this section, the adjusted value of property is the value of such property for purposes of this chapter, reduced by amounts allowable as a deduction in respect to such property under paragraph (4) of section 2053(a). ``(d) Qualified Heir; Member of the Family.--For purposes of this section, the terms `qualified heir' and `member of the family' have the respective meanings given to such terms by section 2032A(e).''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 11 is amended by adding at the end the following new item: ``Sec. 2059. Principal residence.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2007.

Family Farm, Small Business, and Home Tax Relief Act - Amends the Internal Revenue Code to: (1) accelerate from 2009 to 2008 the $3.5 million unified estate tax credit and adjust such credit amount for inflation in calendar years after 2008; (2) reduce the maximum estate tax rate from 49 to 43% in 2008; (3) restore and increase to $8 million the estate tax deduction for family-owned business interests and adjust such deduction amount for inflation after 2008; (4) accelerate from 2010 to 2008 the repeal of the tax on generation-skipping transfers; and (5) allow an exclusion, in calculating the gross estate for estate tax purposes, of the adjusted value of a decedent's principal residence, up to $2 million.

To amend the Internal Revenue Code of 1986 to reduce the estate tax for periods before its termination in 2010 by increasing the unified credit, lowering the maximum estate tax rate, restoring the exclusion for family-owned business interests, excluding the value of the decedent's principal residence, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parolee LEADS Public Safety Grant Program Act of 2001''. SEC. 2. AUTHORIZATION OF GRANTS. (a) Authorization of Grants.--From amounts made available to carry out this section, the Attorney General may make grants to eligible States for use by the State to carry out an automated data system to provide information regarding parolees to local law enforcement agencies within the State. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. (c) Required Elements of System.--An automated data system referred to in subsection (a) shall include the following elements: (1) Information about parolees.--For each person incarcerated by that State who is to be released from incarceration by reason of probation or parole, the system shall, to the extent available, include the following information: (A) Last, first, and middle name. (B) Date of birth. (C) Sex, race, height, weight, hair color, and eye color. (D) Date of release from custody. (E) Whether the person is required to register as a result of a State or Federal law and, if so, the status of that registration. (F) Social Security number, driver's license number, and any identification number assigned to the person by the State criminal justice system or the Federal Bureau of Investigation. (G) Place of incarceration. (H) Whether the person has any distinctive scar, mark, or tattoo and, if so, a description. (I) The offense or offenses by reason of which the person is incarcerated. (J) Place of residence, including street name and number (not a post office box), city or town, and zip code, and the date on which that place of residence is to become effective. (K) A geographic coordinate for that place of residence, in a format for use with a geographic information system or comparable satellite location system. (L) Contact officer, including name and telephone number, and an identification of that officer's unit. (M) A digitized picture of the person. (N) A digitized fingerprint of the person. (2) Computer database.--The information shall be maintained in a database that can be accessed and processed by a local law enforcement agency using a remote desktop computer system. (3) Access to information upon release.--Each local law enforcement agency having jurisdiction over the place of residence of a person referred to in paragraph (1) shall-- (A) upon the release from incarceration of that person by reason of probation or parole, be provided the information included in the system with respect to that person; and (B) thereafter, on a continuing basis, have access to such information upon request of that agency. (d) Restrictions on Use of Funds.-- (1) Matching.--The Federal share of a grant made under this section may not exceed 50 percent of the total costs of the system for the fiscal year for which the system receives that grant. (2) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (3) Administrative costs.--A State may not use more than five percent of the funds it receives from this section for administrative expenses. (e) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this section are expended, a report at such time and in such manner as the Attorney General may reasonably require. (f) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (g) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (h) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

Parolee LEADS Public Safety Grant Program Act of 2001 - Authorizes the Attorney General to make grants to eligible States to carry out an automated data system to provide information regarding parolees to local law enforcement agencies within the State.Requires that: (1) such a system include specified information about parolees; (2) the information be maintained in a database that can be accessed and processed by a local law enforcement agency using a remote desktop computer system; and (3) each local law enforcement agency having jurisdiction be provided the information included in the system upon a parolee's release and thereafter have access to such information upon request.

To make grants to States for providing information regarding parolees to local law enforcement agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Ocean Acidification Research And Monitoring Act of 2009'' or the ``FOARAM Act''. SEC. 2. PURPOSES. (a) Purposes.--The purposes of this Act are to provide for-- (1) development and coordination of a comprehensive interagency plan to-- (A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and (B) establish an interagency research and monitoring program on ocean acidification; (2) establishment of an ocean acidification program within the National Oceanic and Atmospheric Administration; (3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and (4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. SEC. 3. DEFINITIONS. In this Act: (1) Ocean acidification.--The term ``ocean acidification'' means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (3) Subcommittee.--The term ``Subcommittee'' means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. SEC. 4. INTERAGENCY SUBCOMMITTEE. (a) Designation.-- (1) In general.--The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish an interagency working group. (2) Membership.--The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, and such other Federal agencies as appropriate. (3) Chairman.--The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration. (b) Duties.--The Subcommittee shall-- (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan; (2) oversee the development of-- (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification; (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; and (5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. (c) Reports to Congress.-- (1) Initial report.--Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that-- (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 5 of this Act. (2) Biennial report.--Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes-- (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. (3) Strategic research plan.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. SEC. 5. STRATEGIC RESEARCH PLAN. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). (b) Contents of the Plan.--The plan shall-- (1) provide for interdisciplinary research among the ocean sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems; (2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will-- (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems; (B) improve the ability to assess the socioeconomic impacts of ocean acidification; and (C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems; (3) describe specific activities, including-- (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection; (F) database development; (G) modeling activities; (H) assessment of ocean acidification impacts; and (I) participation in international research efforts; (4) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; (5) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities; (6) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations; (7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan; (8) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and (9) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. (c) Program Elements.--The plan shall include at a minimum the following program elements: (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize-- (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in surface ocean chemistry. (2) Research to understand the species specific physiological responses of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. (5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (d) National Academy of Sciences Evaluation.--The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. (e) Public Participation.--In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. (a) In General.--The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 5 that-- (1) includes-- (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; (B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program; (C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification; (D) as an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification; (E) as an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; and (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others; (2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. (b) Additional Authority.--In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this Act on such terms as the Secretary considers appropriate. SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES. (a) Research Activities.--The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including-- (1) impacts on marine organisms and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts. (b) Consistency.--The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. (a) Ocean Acidification Activities.--The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (b) Program Consistency.--The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act-- (1) $8,000,000 for fiscal year 2009; (2) $12,000,000 for fiscal year 2010; (3) $15,000,000 for fiscal year 2011; and (4) $20,000,000 for fiscal year 2012. (b) NSF.--There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act-- (1) $6,000,000 for fiscal year 2009; (2) $8,000,000 for fiscal year 2010; (3) $12,000,000 for fiscal year 2011; and (4) $15,000,000 for fiscal year 2012.

Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group. Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.

A bill to establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within NOAA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Materials Corridor and United States-Mexico Border Technology Partnership Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) the 2,000 mile long United States-Mexico border region, extending 100 kilometers north and south of the international boundary, has undergone rapid economic growth that has provided economic opportunity to millions of people; (2) the border region's rapid economic growth has unfortunately created serious problems including pollution, hazardous wastes, and the inefficient use of resources that threaten people's health and the prospects for long-term economic growth in the region; (3) there are a significant number of major institutions in the border States of both countries currently conducting research, development and testing activities in technologies that might help alleviate these problems; (4)(A) these new technologies may provide major opportunities for significantly-- (i) minimizing industrial wastes and pollution that may pose a threat to public health; (ii) reducing emissions of atmospheric pollutants; (iii) using recycled natural resources as primary materials for industrial production; and (iv) improving energy efficiency; and (B) such advances will directly benefit both sides of the United States-Mexico border by encouraging energy efficient, environmentally sound economic development that improves the health and protects the natural resources of the border region; (5) in August 1998, the binational United States-Mexico Border Region Hazardous Wastes Forum, organized by the Department of Energy's Carlsbad Area Office, resulted in a consensus of experts from the United States and Mexico that the Department of Energy's science and technology could be leveraged to address key environmental issues in the border region while fostering further economic development of the border region; (6) the Carlsbad Area Office, which manages the Waste Isolation Pilot Plant in Carlsbad, New Mexico, is well suited to lead a multiagency program focused on the problems of the border region given its significant expertise in hazardous materials and location near the border; (7)(A) promoting clean materials industries in the border region that are energy efficient has been identified as a high priority issue by the United States-Mexico Foundation for Science Cooperation; and (B) at the 1998 discussions of the United States-Mexico Binational Commission, Mexico formally proposed joint funding of a ``Materials Corridor Partnership Initiative'', proposing $1,000,000 to implement the Initiative if matched by the United States; (8) recognizing the importance of materials processing, research institutions in the border States of both the United States and Mexico, in conjunction with private sector partners of both nations, and with strong endorsement from the Government of Mexico, in 1998 organized the Materials Corridor Council to implement a cooperative program of materials research and development, education and training, and sustainable industrial development as part of the Materials Corridor Partnership Initiative; and (9) successful implementation of this Act would advance important United States energy, environmental, and economic goals not only in the United States-Mexico border region but also serve as a model for similar collaborative, transnational initiatives in other regions of the world. SEC. 3. PURPOSE. The purpose of this Act is to establish a multiagency program to-- (1) alleviate the problems caused by rapid economic development along the United States-Mexico border; (2) support the Materials Corridor Partnership Initiative referred to in section 2(7); and (3) promote energy efficient, environmentally sound economic development along that border through the development and use of new technologies, particularly hazardous waste and materials technologies. SEC. 4. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the program established under section 5(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a multiagency program to-- (A) alleviate the problems caused by rapid economic development along the United States-Mexico border, particularly those associated with public health and environmental security; (B) support the Materials Corridor Partnership Initiative; and (C) promote energy efficient, environmentally sound economic development along that border through the development and use of new technologies, particularly hazardous waste and materials technologies. (2) Considerations.--In developing the program, the Secretary shall give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative. (3) Program management.--This program shall be managed for the Secretary by the Department's Carlsbad Area Office, with support, as necessary, from the Albuquerque Operations Office. (b) Participation of Other Federal Agencies and Commissions.--The Secretary shall organize and conduct the program jointly with-- (1) the Department of State; (2) the Environmental Protection Agency; (3) the National Science Foundation; (4) the National Institute of Standards and Technology; (5) the United States-Mexico Border Health Commission; and (6) any other departments, agencies, or commissions the participation of which the Secretary considers appropriate. (c) Participation of the Private Sector.--When appropriate, funds made available under this act shall be made available for technology deployment, research, and training activities that are conducted with the participation and support of private sector organizations located in the United States and, subject to section 7(c)(2), Mexico, to promote and accelerate in the United States-Mexico border region the use of energy efficient, environmentally sound technologies and other advances resulting from the program. (d) Mexican Resource Contributions.--The Secretary shall-- (1) encourage public, private, nonprofit, and academic organizations located in Mexico to contribute significant financial and other resources to the program; and (2) take any such contributions into account in conducting the program. (e) Transfer of Technology From National Laboratories.--In conducting the program, the Secretary shall emphasize the transfer and use of technology developed by the national laboratories of the Department of Energy. SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS. (a) Activities.--Funds made available under this Act shall be made available for technology deployment, research, and training activities, particularly related to hazardous waste and materials technologies, that will alleviate the problems caused by rapid economic development along the United States-Mexico border, that focus on issues related to the protection of public health and environmental security, and that promote-- (1) minimization of industrial wastes and pollutants; (2) reducing emissions of atmospheric pollutants; (3) use of recycled resources as primary materials for industrial production; and (4) improvement of energy efficiency. (b) Major Program Elements.-- (1) In general.--The program shall have the following major elements, all of which shall emphasize hazardous waste and materials technologies: (A) Technology Deployment, focused on the clear, operational demonstration of the utility of well developed technologies in new organizations or settings. (B) Research, focused on developing, maturing, and refining technologies to investigate or improve the feasibility or utility of the technologies. (C) Training, focused on training businesses, industries, and their workers in the border region in energy efficient, environmentally sound technologies that minimize waste, decrease public health risks, increase recycling, and improve environmental security. (2) Technology deployment and research.--Projects under paragraph (1)(A) and (1)(B) should typically involve significant participation from private sector organizations that would use or sell such a technology. SEC. 7. PARTICIPATION OF DEPARTMENTS, AGENCIES, AND COMMISSIONS OTHER THAN THE DEPARTMENT OF ENERGY. (a) Agreement.--Not later than 120 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the departments, agencies, and commissions referred to in section 5(b) on the coordination and implementation of the program. (b) Actions of Departments, Agencies, and Commissions.--Any action of a department, agency, or commission under an agreement under subsection (a) shall be the responsibility of that department, agency, or commission and shall not be subject to approval by the Secretary. (c) Use of Funds.-- (1) In general.--The Secretary and the departments, agencies, and commissions referred to in section 5(b) may use funds made available for the program for technology deployment, research, or training activities carried out by-- (A) State and local governments and academic, nonprofit, and private organizations located in the United States; and (B) State and local governments and academic, nonprofit, and private organizations located in Mexico. (2) Condition.--Funds may be made available to a State or local government or organization located in Mexico only if a government or organization located in Mexico (which need not be the recipient of the funds) contributes a significant amount of financial or other resources to the project to be funded. (d) Transfer of Funds.--The Secretary may transfer funds to the departments, agencies, and commissions referred to in section 5(b) to carry out the responsibilities of the departments, agencies, and commissions under this Act. SEC. 8. PROGRAM ADVISORY COMMITTEE. (a) Establishment.-- (1) In general.--The Secretary shall establish an advisory committee consisting of representatives of the private, academic, and public sectors. (2) Considerations.--In establishing the advisory committee, the Secretary shall take into consideration organizations in existence on the date of enactment of this Act, such as the Materials Corridor Council and the Business Council for Sustainable Development-Gulf Mexico. (b) Consultation and Coordination.--Departments, agencies, and commissions of the United States to which funds are made available under this Act shall consult and coordinate with the advisory committee in identifying and implementing the appropriate types of projects to be funded under this Act. SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. (a) In General.--Federal departments, agencies, and commissions participating in the program may provide financial and technical assistance to other organizations to achieve the purpose of the program. (b) Technology Deployment and Research.-- (1) Use of cooperative agreements.-- (A) In general.--Federal departments, agencies, and commissions shall, to the extent practicable, use cooperative agreements to fund technology deployment and research activities by organizations outside the Federal Government. (B) National laboratories.--In the case of a technology deployment or research activity conducted by a national laboratory, a funding method other than a cooperative agreement may be used if such a funding method would be more administratively convenient. (2) Federal share.-- (A) In general.--The Federal Government shall pay not more than 50 percent of the cost of technology deployment or research activities under the program. (B) Qualified funding and resources.--No funds or other resources expended either before the start of a project under the program or outside the scope of work covered by the funding method determined under paragraph (1) shall be credited toward the non-Federal share of the cost of the project. (c) Training.-- (1) In general.--Federal departments, agencies, and commissions shall, to the extent practicable, use grants to fund training activities by organizations outside the Federal Government. (2) National laboratories.--In the case of a training activity conducted by a national laboratory, a funding method other than a grant may be used if such a funding method would be more administratively convenient. (3) Federal share.--The Federal Government may fund 100 percent of the cost of the training activities of the program. (d) Selection.--All projects funded under contracts, grants, or cooperative agreements established under this program shall, to the maximum extent practicable, be selected in an open, competitive process using such selection criteria as the Secretary, through his program management, and in consultation with the departments, agencies, and commissions referred to in section 5(b), determines to be appropriate. Any such selection process shall weigh the benefits to the border region. (e) Accounting Standards.-- (1) Waiver.--To facilitate participation in the program, Federal departments, agencies, and commissions may waive any requirements for Government accounting standards by organizations that have not established such standards. (2) GAAP.--Generally accepted accounting principles shall be sufficient for projects under the program. (f) No Construction.--No program funds may be used for construction. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2000 through 2004. Passed the Senate April 13, 2000. Attest: GARY SISCO, Secretary.

(Sec. 6) Makes funds under this Act available for technology deployment, research, and training activities, particularly related to hazardous waste and materials technologies that will: (1) alleviate problems caused by rapid economic development along the United States-Mexico border; (2) focus on issues related to public health and environmental security; and (3) promote minimization of industrial wastes and pollutants, reduction of emissions of atmospheric pollutants, use of recycled resources as primary materials for industrial production, and improvement of energy efficiency. Sets forth guidelines for major program elements (all of which shall emphasize hazardous waste and materials technologies), and for participation by Federal departments and agencies. (Sec. 8) Directs the Secretary to establish an advisory committee consisting of representatives of the private, academic, and public sectors to consult and coordinate with Federal entities in identifying and implementing the appropriate projects to be funded under this Act. (Sec. 9) Prescribes financial and technical assistance guidelines. Authorizes appropriations for FY 2000 through 2004.

National Materials Corridor and United States-Mexico Border Technology Partnership Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Guelff Body Armor Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear; (2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear; (3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; (4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor and a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime; (5) of the approximately 1,200 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest; (6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor; (7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and (8) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities. SEC. 3. DEFINITIONS. In this Act: (1) Body armor.--The term ``body armor'' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (2) Law enforcement agency.--The term ``law enforcement agency'' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (3) Law enforcement officer.--The term ``law enforcement officer'' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR. (a) Sentencing Enhancement.--The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than 2 levels, for any offense in which the defendant used body armor. (b) Applicability.--No amendment made to the Federal Sentencing Guidelines pursuant to this section shall apply if the Federal offense in which the body armor is used constitutes a violation of, attempted violation of, or conspiracy to violate the civil rights of any person by a law enforcement officer acting under color of the authority of such law enforcement officer. SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY VIOLENT FELONS. (a) Definition of Body Armor.--Section 921 of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.''. (b) Prohibition.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Prohibition on purchase, ownership, or possession of body armor by violent felons ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is-- ``(1) a crime of violence (as defined in section 16); or ``(2) an offense under State law that would constitute a crime of violence if it occurred within the special maritime and territorial jurisdiction of the United States. ``(b) Exception.-- ``(1) Application.--A person who is subject to the prohibition of subsection (a) whose employment, livelihood, or safety is dependent on the ability to possess and use body armor, may file a petition with the Secretary for an exception to the prohibition of subsection (a). ``(2) Action by secretary.--Upon receipt of a petition under paragraph (1), the Secretary may reduce or eliminate the prohibition of subsection (a), impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition, as the Secretary determines to be appropriate, based on a determination that the petitioner-- ``(A) is likely to use body armor in a safe and lawful manner; and ``(B) has a reasonable need for such protection under the circumstances. ``(3) Factors for consideration.--In making a determination under paragraph (2) with respect to a petitioner, the Secretary shall consider-- ``(A) any continued employment of the petitioner; ``(B) the interests of justice; ``(C) any relevant evidence; and ``(D) the totality of the circumstances. ``(4) Certified copy of permission.--The Secretary shall require, as a condition of granting any exception to a petitioner under this subsection, that the petitioner agree to maintain on his or her person a certified copy of the Secretary's permission to possess and use body armor, including any conditions or limitations. ``(5) Rule of construction.--Nothing in this subsection may be construed to-- ``(A) require the Secretary to grant relief to any particular petitioner; or ``(B) imply that any relief granted by the Secretary under this subsection relieves any other person from any liability that may otherwise be imposed. ``(c) Immunity From Liability.-- ``(1) In general.--An officer or employee of a law enforcement agency who enforces the prohibition specified in subsection (a) against a person who has been granted relief pursuant to subsection (b), shall be immune from any liability for false arrest arising from the enforcement of this section unless the person has in his or her possession a certified copy of the permission granting the person relief from the prohibition, as required by subsection (b)(4). ``(2) Rule of construction.--The immunity from liability described in paragraph (1) shall not relieve any person or entity from any other liability that may otherwise be imposed.''. (2) Clerical amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``931. Prohibition on purchase, ownership, or possession of body armor by violent felons.''. (c) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.''. SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Definitions.--In this section, the terms ``Federal agency'' and ``surplus property'' have the meanings given such terms under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (b) Donation of Body Armor.--Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484), the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor is-- (1) in serviceable condition; and (2) surplus property. (c) Notice to Administrator.--The head of a Federal agency who donates body armor under this section shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor. (d) Donation by Certain Officers.-- (1) Department of justice.--In the administration of this section with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency: (A) The Administrator of the Drug Enforcement Administration. (B) The Director of the Federal Bureau of Investigation. (C) The Commissioner of the Immigration and Naturalization Service. (D) The Director of the United States Marshals Service. (2) Department of the treasury.--In the administration of this section with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency: (A) The Director of the Bureau of Alcohol, Tobacco, and Firearms. (B) The Commissioner of Customs. (C) The Director of the United States Secret Service.

James Guelff Body Armor Act of 1999 - Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the level not less than two levels, for any offense in which the defendant used body armor, with an exception involving a civil rights violation by a law enforcement officer acting under color of authority. (Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons, with a procedure for the Secretary of the Treasury to grant an exception where a person's employment, livelihood, or safety is dependent on the ability to possess and use body armor. Grants a law enforcement officer immunity from liability for false arrest arising from the enforcement of this section unless the person has in his or her possession a certified copy of the permission granting the person relief from the prohibition. Sets penalties for violations of this prohibition. (Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.

James Guelff Body Armor Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Members' Pension Limitation Act of 1995''. SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. (a) Limitation.-- (1) In general.--Section 8334(a) of title 5, United States Code, is amended by adding at the end the following: ``(3) Deductions and withholdings from the pay of a Member may not be made with respect to any pay period beginning-- ``(A) after such Member has completed 5 years of civilian service; or ``(B) in the case of a Member whose service (as of the effective date of the Congressional Members' Pension Limitation Act of 1995) exceeds the limitation set forth in subparagraph (A), after such effective date. Any contributions under the second sentence of paragraph (1) shall be payable to the same extent and in the same manner as if this paragraph had not been enacted.''. (2) Technical and conforming amendments.-- (A) Deposits.--Section 8334(c) of title 5, United States Code, is amended by adding at the end the following: ``A deposit under this subsection may not be made with respect to any service for which deductions have not been made by reason of subsection (a)(3).''. (B) Eligibility.--Subsection (c) of section 8333 of title 5, United States Code, is repealed. (b) Thrift Savings Plan.--Paragraph (2) of section 8351(b) of title 5, United States Code, is amended-- (1) by striking ``(2) An'' and inserting ``(2)(A) Except as provided in subparagraph (B), an''; and (2) by adding at the end the following: ``(B)(i) In the case of a Member-- ``(I) as to whom deductions from pay may not be made by reason of section 8332(a)(3), and who has 12 years of member service or less, the level of individual or Government contributions allowable shall be the percentage specified in section 8432(a) or (c), as the case may be; or ``(II) who has more than 12 years of member service, the level of individual contributions allowable shall be the percentage specified in section 8432(a), but no Government contribution under section 8432(c) shall be allowable. ``(ii) The Executive Director (appointed under section 8474(a)) shall prescribe such regulations as may be necessary to carry out this subparagraph, including-- ``(I) provisions under which a Member may elect to change such Member's level of contributions to the Thrift Savings Fund whenever any change is to take effect under clause (i) in the level of individual or Government contributions allowable; and ``(II) provisions under which written notice shall be given to a Member with respect to any such change, as well as any election allowable under subclause (I) in connection therewith.''. SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Limitation.--Section 8422(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Notwithstanding paragraph (2), deductions and withholdings from the pay of a Member may not be made-- ``(i) with respect to any pay period beginning-- ``(I) after such Member has completed 5 years of civilian service; or ``(II) in the case of a Member whose service (as of the effective date of the Congressional Members' Pension Limitation Act of 1995) exceeds the limitation set forth in subclause (I), after such effective date; or ``(ii) if that individual first becomes a Member on or after the effective date of the Congressional Members' Pension Limitation Act of 1995. ``(B) Any period of service for which deductions may not be made by reason of subparagraph (A) shall be excluded from the total period of service used in any computation under section 8415 or any other provision of this chapter (as identified by the Office in regulations) which relates to benefits based on the service of such Member.''. (b) Thrift Savings Plan.--Section 8432(c) of title 5, United States Code, is amended by adding at the end the following: ``(4)(A) Notwithstanding any other provision of this subsection, no contribution under paragraph (1) or (2) may be made on behalf of any Member who has more than 12 years of member service. ``(B) The Executive Director (appointed under section 8474(a)) shall prescribe such regulations as may be necessary to carry out this paragraph, including-- ``(i) provisions under which a Member may elect to change such Member's level of contributions to the Thrift Savings Fund whenever such Member's eligibility for Government contributions is to terminate under subparagraph (A); and ``(ii) provisions under which written notice shall be given to a Member with respect to any such termination of eligibility for Government contributions, as well as any election allowable under clause (i) in connection therewith. ``(C) For the purpose of this paragraph, the term `member service' means service as a Member.''. SEC. 4. MEMBERS UNDER FERS WHO WERE FORMERLY UNDER CSRS. Section 302 of the Federal Employees' Retirement System Act of 1986 (5 U.S.C. 8331 note) is amended by adding at the end the following: ``(e)(1) In the case of a Member with respect to whom any benefits would be computed under subsection (a)(3), for purposes of applying sections 8422(a)(3) (relating to a limitation on the making of deductions and withholdings from pay) and 8432(c)(4) (relating to contributions to the Thrift Savings Plan) of title 5, United States Code, any service which would be creditable for any purpose under subsection (a)(1) shall be taken into account. ``(2) Regulations to carry out this subsection shall be prescribed-- ``(A) by the Office of Personnel Management, with respect to such section 8422(a)(3); and ``(B) by the Executive Director (appointed under section 8474(a)), with respect to such section 8432(c)(4).''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect as of the first day of the first Congress beginning after the date of the enactment of this Act.

Congressional Members' Pension Limitation Act of 1995 - Amends Federal civil service retirement system (CSRS) provisions to prohibit deductions and withholdings from the pay of a Member of Congress with respect to any pay period beginning after: (1) such Member has completed five years of civilian service; or (2) the effective date of this Act in the case of a Member whose service exceeds five years. Removes provisions regarding eligibility for annuities of Members of Congress under CSRS. Requires the level of individual and Government contributions under the Thrift Savings Plan (TSP) to be the percentage of pay specified under existing law (up to ten percent and one percent plus matching contributions, respectively) for Members from whom deductions from pay may not be made by reason of this Act and who have 12 or fewer years of service. Prohibits Government and matching contributions to the TSP for Members with more than 12 years of service. Makes parallel amendments to provisions regarding the Federal Employees' Retirement System, including a prohibition on making deductions under such system from the pay of individuals who become Members on or after this Act's effective date. Excludes any period of service for which such deductions may not be made from the total period of service used in any computation of a basic annuity or other benefits based on service.

Congressional Members' Pension Limitation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Employee Retirement Savings Act of 2016''. SEC. 2. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS. (a) In General.--Paragraph (1) of section 45E(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) for the first credit year and each of the 2 taxable years immediately following the first credit year, the greater of-- ``(A) $500, or ``(B) the lesser of-- ``(i) $250 for each employee of the eligible employer who is not a highly compensated employee (as defined in section 415(q)) and who is eligible to participate in the eligible employer plan maintained by the eligible employer, or ``(ii) $5,000, and''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 3. CREDIT FOR SMALL EMPLOYERS ADOPTING AUTO-ENROLLMENT OPTIONS. (a) In General.--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 section: ``SEC. 45S. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS OPTIONS PROVIDED BY SMALL EMPLOYERS. ``(a) In General.--For purposes of section 38, in the case of a small employer, the retirement auto-enrollment credit determined under this section is an amount equal to $500 for any taxable year in the credit period. ``(b) Credit Period.--For purposes of subsection (a)-- ``(1) In general.--The credit period with respect to any small employer is the 3-taxable-year period beginning with the first taxable year for which the employer includes an eligible automatic contribution arrangement (as defined in section 414(w)(3)) in a qualified retirement plan (as defined in section 4974(c)) sponsored by the employer, but only if the plan maintains such arrangement throughout such period. ``(2) Credit permissible in start-up year.--The first taxable year in the credit period may be the same taxable year as the first credit year (as defined in section 45E(d)(3)). ``(3) Employer must remain small employer.--Notwithstanding paragraph (1), the credit period with respect to any small employer shall end with the earlier of-- ``(A) the last taxable year in such period determined without regard to this paragraph, or ``(B) the last taxable year in which such employer is a small employer. ``(c) Small Employer.--For purposes of this section, the term `small employer' means any employer for any taxable year if the number of employees employed by such employer during such taxable year does not exceed 100. All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) in the case of a small employer (as defined in section 45S(c)), the retirement auto-enrollment credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Auto-enrollment option for retirement savings options provided by small employers.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. REMOVAL OF 10 PERCENT CAP AFTER FIRST PLAN YEAR FROM AUTOMATIC ENROLLMENT SAFE HARBOR. (a) In General.--Clause (iii) of section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by striking ``, does not exceed 10 percent, and is at least'' and inserting ``and is''. (b) Conforming Amendments.-- (1) Subclause (I) of section 401(k)(13)(C)(iii) of the Internal Revenue Code of 1986 is amended by striking ``3 percent'' and inserting ``at least 3 percent, but not greater than 10 percent,''. (2) Subclause (II) of section 401(k)(13)(C)(iii) of such Code is amended by striking ``4 percent'' and inserting ``at least 4 percent''. (3) Subclause (III) of section 401(k)(13)(C)(iii) of such Code is amended by striking ``5 percent'' and inserting ``at least 5 percent''. (4) Subclause (IV) of section 401(k)(13)(C)(iii) of such Code is amended by striking ``6 percent'' and inserting ``at least 6 percent''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after the date of enactment of this Act.

Small Business Employee Retirement Savings Act of 2016 This bill amends the Internal Revenue Code to modify the tax treatment of retirement plans for small employers with no more than 100 employees. The bill: (1) increases from $500 to $5,000 the limit on the amount of the tax credit for small employer pension plan startup costs, and (2) allows a three-year $500 business-related tax credit for small employers that include and maintain an automatic contribution arrangement in an employer-sponsored retirement plan. The bill also removes the 10% cap on the amount of an employee's wages that an employer may contribute to a retirement plan under an automatic contribution arrangement.

Small Business Employee Retirement Savings Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Energy Title of America COMPETES Reauthorization Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ENERGY TITLE OF AMERICA COMPETES PROGRAMS Sec. 101. Basic research. Sec. 102. Advanced Research Projects Agency-Energy. TITLE II--ELIMINATION AND CONSOLIDATION OF PROGRAMS Sec. 201. Elimination of program authorities. Sec. 202. Repeal of authorizations. Sec. 203. Consolidation of duplicative program authorities. TITLE I--ENERGY TITLE OF AMERICA COMPETES PROGRAMS SEC. 101. BASIC RESEARCH. Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16311(b)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(8) $5,271,000,000 for fiscal year 2016; ``(9) $5,485,000,000 for fiscal year 2017; ``(10) $5,704,000,000 for fiscal year 2018; ``(11) $5,932,000,000 for fiscal year 2019; and ``(12) $6,178,000,000 for fiscal year 2020.''. SEC. 102. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY. Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is amended-- (1) in subsection (a)(3), by striking ``subsection (n)(1)'' and inserting ``subsection (o)(1)''; (2) in subsection (i), by striking paragraph (1) and inserting the following: ``(1) In general.--To the maximum extent practicable, the Director shall ensure that-- ``(A) the activities of ARPA-E are coordinated with, and do not duplicate the efforts of, programs and laboratories within the Department and other relevant research agencies; and ``(B) ARPA-E does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable.''; (3) by redesignating subsection (n) as subsection (o); (4) by inserting after subsection (m) the following: ``(n) Protection of Information.--The following types of information collected by the ARPA-E from recipients of financial assistance awards shall be considered privileged and confidential and not subject to disclosure under section 552 of title 5, United States Code: ``(1) Plans for commercialization of technologies developed under the award, including business plans, technology-to-market plans, market studies, and cost and performance models. ``(2) Investments provided to an awardee from third parties (such as venture capital firms, hedge funds, and private equity firms), including amounts and the percentage of ownership of the awardee provided in return for the investments. ``(3) Additional financial support that the awardee-- ``(A) plans to or has invested into the technology developed under the award; or ``(B) is seeking from third parties. ``(4) Revenue from the licensing or sale of new products or services resulting from research conducted under the award.''; and (5) in subsection (o) (as redesignated by paragraph (3))-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``paragraphs (4) and (5)'' and inserting ``paragraph (4)''; (ii) in subparagraph (D), by striking ``and'' at the end; (iii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(F) $291,200,000 for fiscal year 2016; ``(G) $303,600,000 for fiscal year 2017; ``(H) $314,700,000 for fiscal year 2018; ``(I) $327,300,000 for fiscal year 2019; and ``(J) $340,600,000 for fiscal year 2020 .''; and (B) in paragraph (4)(B), by striking ``(c)(2)(D)'' and inserting ``(c)(2)(C)''. TITLE II--ELIMINATION AND CONSOLIDATION OF PROGRAMS SEC. 201. ELIMINATION OF PROGRAM AUTHORITIES. (a) Nuclear Science Talent Expansion Program for Institutions of Higher Education.--Section 5004 of the America COMPETES Act (42 U.S.C. 16532) is repealed. (b) Hydrocarbon Systems Science Talent Expansion Program for Institutions of Higher Education.-- (1) In general.--Section 5005(e) of the America COMPETES Act (42 U.S.C. 16533(e)) is repealed. (2) Conforming amendments.-- (A) Section 5005(f) of the America COMPETES Act (42 U.S.C. 16533(f)) is amended-- (i) by striking paragraph (2); (ii) by striking the subsection designation and heading and all that follows through ``There are'' in paragraph (1) and inserting the following: ``(f) Authorization of Appropriations.--There are''; and (iii) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately. (B) Section 5005 of the America COMPETES Act (42 U.S.C. 16533) is amended by redesignating subsection (f) as subsection (e). (c) Discovery Science and Engineering Innovation Institutes.-- Section 5008 of the America COMPETES Act (42 U.S.C. 16535) is repealed. (d) Elimination of Duplicative Authority for Education Programs.-- Sections 3181 and 3185 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381l, 42 U.S.C. 7381n) are repealed. (e) Mentoring Program.--Section 3195 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381r) is repealed. SEC. 202. REPEAL OF AUTHORIZATIONS. (a) Department of Energy Early Career Awards for Science, Engineering, and Mathematics Researchers.--Section 5006 of the America COMPETES Act (42 U.S.C. 16534) is amended by striking subsection (h). (b) Distinguished Scientist Program.--Section 5011 of the America COMPETES Act (42 U.S.C. 16537) is amended by striking subsection (j). (c) Protecting America's Competitive Edge (PACE) Graduate Fellowship Program.--Section 5009 of the America COMPETES Act (42 U.S.C. 16536) is amended by striking subsection (f). SEC. 203. CONSOLIDATION OF DUPLICATIVE PROGRAM AUTHORITIES. (a) University Nuclear Science and Engineering Support.--Section 954 of the Energy Policy Act of 2005 (42 U.S.C. 16274) is amended-- (1) in subsection (a), by inserting ``nuclear chemistry,'' after ``nuclear engineering,''; and (2) in subsection (b)-- (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B) by inserting after paragraph (2) the following: ``(3) award grants, not to exceed 5 years in duration, to institutions of higher education with existing academic degree programs in nuclear sciences and related fields-- ``(A) to increase the number of graduates in nuclear science and related fields; ``(B) to enhance the teaching and research of advanced nuclear technologies; ``(C) to undertake collaboration with industry and National Laboratories; and ``(D) to bolster or sustain nuclear infrastructure and research facilities of institutions of higher education, such as research and training reactors and laboratories;''. (b) Consolidation of Department of Energy Early Career Awards for Science, Engineering, and Mathematics Researchers Program and Distinguished Scientist Program.-- (1) Funding.--Section 971(c) of the Energy Policy Act of 2005 (42 U.S.C. 16311(c)) is amended by adding at the end the following: ``(8) For the Department of Energy early career awards for science, engineering, and mathematics researchers program under section 5006 of the America COMPETES Act (42 U.S.C. 16534) and the distinguished scientist program under section 5011 of that Act (42 U.S.C. 16537), $150,000,000 for each of fiscal years 2016 through 2020, of which not more than 65 percent of the amount made available for a fiscal year under this paragraph may be used to carry out section 5006 or 5011 of that Act.''. (2) Department of energy early career awards for science, engineering, and mathematics researchers.--Section 5006 of the America COMPETES Act (42 U.S.C. 16534) is amended-- (A) in subsection (b)(1)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``average'' before ``amount''; and (II) by inserting ``for each year'' before ``shall''; (ii) in subparagraph (A), by striking ``$80,000'' and inserting ``$190,000''; and (iii) in subparagraph (B), by striking ``$125,000'' and inserting ``$490,000''; (B) in subsection (c)(1)(C)-- (i) in clause (i)-- (I) by striking ``assistant professor or equivalent title'' and inserting ``untenured assistant or associate professor''; and (II) by inserting ``or'' after the semicolon at the end; (ii) by striking clause (ii); and (iii) by redesignating clause (iii) as clause (ii); (C) in subsection (d), by striking ``on a competitive, merit-reviewed basis'' and inserting ``through a competitive process using merit-based peer review.''; (D) in subsection (e)-- (i) by striking ``(e)'' and all that follows through ``To be eligible'' and inserting the following: ``(e) Selection Process and Criteria.--To be eligible''; and (ii) by striking paragraph (2); and (E) in subsection (f)(1), by striking ``nonprofit, nondegree-granting research organizations'' and inserting ``National Laboratories''. (c) Science Education Programs.--Section 3164 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Director of the Office of Science (referred to in this subsection as the ``Director'') shall provide for appropriate coordination of science, technology, engineering, and mathematics education programs across all functions of the Department. ``(2) Administration.--In carrying out paragraph (1), the Director shall-- ``(A) consult with-- ``(i) the Assistant Secretary of Energy with responsibility for energy efficiency and renewable energy programs; and ``(ii) the Deputy Administrator for Defense Programs of the National Nuclear Security Administration; and ``(B) seek to increase the participation and advancement of women and underrepresented minorities at every level of science, technology, engineering, and mathematics education.''; and (B) in paragraph (3)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) by redesignating subparagraph (E) as subparagraph (F); and (iii) by inserting after subparagraph (D) the following: ``(E) represent the Department as the principal interagency liaison for all coordination activities under the President for science, technology, engineering, and mathematics education programs; and''; and (2) in subsection (d)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (B) by adding at the end the following: ``(2) Report.--Not later than 180 days after the date of enactment of this subparagraph, the Director shall submit a report describing the impact of the activities assisted with the Fund established under paragraph (1) to-- ``(A) the Committee on Science, Space, and Technology of the House of Representatives; and ``(B) the Committee on Energy and Natural Resources of the Senate.''. (d) Protecting America's Competitive Edge (PACE) Graduate Fellowship Program.--Section 5009 of the America COMPETES Act (42 U.S.C. 16536) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``, involving'' and all that follows through ``Secretary''; and (B) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) to demonstrate excellent academic performance and understanding of scientific or technical subjects; and''; (2) in subsection (d)(1)(B)(i), by inserting ``full or partial'' before ``graduate tuition''; and (3) in subsection (e), in the matter preceding paragraph (1), by striking ``Director of Science, Engineering, and Mathematics Education'' and inserting ``Director of the Office of Science.''

Energy Title of America COMPETES Reauthorization Act of 2015 This bill amends the Energy Policy Act of 2005 to reauthorize through FY2020 designated energy research, development, and commercial application programs conducted through the Office of Science of the Department of Energy (DOE). The America COMPETES Act is amended to require the Director of Advanced Research Projects Agency-Energy (ARPA-E) to ensure that ARPA-E funding for a project is not available unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable. Specified information collected by ARPA-E from financial assistance recipients shall be considered privileged, confidential, and exempt from certain federal information disclosure requirements. The bill authorizes appropriations for FY2016-FY2020 for the Energy Transformation Acceleration Fund. The bill repeals funding and authorities for the following programs: the Nuclear Science Talent Expansion Program For Institutions of Higher Education; Hydrocarbon Systems Science Competitiveness Grants For Institutions of Higher Education; Discovery Science and Engineering Innovation Institutes; National Laboratories Centers of Excellence in Science, Technology, Engineering, and Mathematics secondary school education, certain Summer Institutes hosted by a National Laboratory; and a mentoring program under the Department of Energy Science Education Enhancement Act to recruit mentors for women and underrepresented minorities interested in careers in science, engineering, and mathematics. With respect to the University Nuclear Science and Engineering Support program, DOE shall award grants of up to five years to institutions of higher education with existing academic degree programs in nuclear sciences and related fields, including nuclear chemistry. Funds are authorized for FY2016-FY2020 for the DOE early career awards for science, engineering, and mathematics researchers program, as well as for its distinguished scientist program. The diversity requirement for awarding grants under the program for early career awards for science, engineering, and mathematics researchers is revised to substitute a required variety of types of National Laboratories in lieu of a variety of types of nonprofit, nondegree-granting research organizations. The Department of Energy Science Education Enhancement Act is amended to direct the Office of Science to coordinate science, technology, engineering, and mathematics education programs across all functions of DOE. The bill amends the America COMPETES Act to: (1) change the criteria for awarding Protecting America's Competitive Edge (PACE) graduate fellowships, and (2) allow such fellowships to cover either full or partial graduate tuition.

Energy Title of America COMPETES Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Opportunity Credit Improvements Act''. SEC. 2. THREE-YEAR EXTENSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2011'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2011. SEC. 3. ALTERNATIVE CERTIFICATION FOR CERTAIN TARGETED GROUPS. (a) In General.--Paragraph (13) of section 51(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Alternative certification for certain targeted groups.--Notwithstanding subparagraph (A), in the case of a recently discharged veteran, a qualified ex-felon, a designated community resident, a vocational rehabilitation referral, a qualified summer youth, or a qualified SSI recipient, an individual shall be treated as having been certified by the local designated agency as a member of a targeted group if the employer-- ``(i) prior to filing a return of tax on which the employer claims a credit with respect to such individual, obtains such documentation relating to the requirements for the targeted group of which the individual is a member as would be required by the designated local agency to be submitted for certification under subparagraph (A)(i), ``(ii) meets the pre-screening requirement of subparagraph (A)(ii)(I), and ``(iii) maintains such records relating to such individual as the Secretary shall by regulation prescribe.''. (b) Effective Date.--The amendments made by this section shall apply to individuals whose hiring date (as defined in section 51(d)(11) of the Internal Revenue Code of 1986) is on or after the date of the enactment of this Act. SEC. 4. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED VETERANS. (a) In General.--Subparagraph (A) of section 51(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``means any veteran'' and all that follows and inserting ``means any recently discharged veteran and any veteran receiving specified benefits.'' (b) Recently Discharged Veteran; Veteran Receiving Specified Benefits.--Paragraph (3) of section 51(d) of such Code is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Recently discharged veteran.--For purposes of subparagraph (A), the term `recently discharged veteran' means-- ``(i) any individual who has served on active duty (other than active duty for training) in the Armed Forces of the United States for more than 180 days, ``(ii) any individual who has been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability, and ``(iii) any member of the National Guard who has served for more than 180 consecutive days of-- ``(I) active duty (within the meaning of title 32, United States Code) other than for training, ``(II) full-time National Guard duty (within the meaning of such title 32) other than for training, ``(III) duty, other than inactive duty or duty for training, in State status (within the meaning of such title 32), or ``(IV) any combination of duty described in subclause (I), (II), or (III), who has been discharged or released from such duty at any time during the 5-year period ending on the hiring date. Such term shall not include any veteran who begins work for the employer before the date of the enactment of this Act. ``(C) Veteran receiving specified benefits.--For purposes of subparagraph (A), the term `veteran receiving specified benefits' means any veteran who is certified by the designated local agency as-- ``(i) being a member of a family receiving assistance under a supplemental nutrition assistance program under the Food and Nutrition Act of 2008 for at least a 3-month period ending during the 12-month period ending on the hiring date, or ``(ii) entitled to compensation for a service-connected disability, and-- ``(I) having a hiring date which is not more than 1 year after having been discharged or released from active duty in the Armed Forces of the United States, or ``(II) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months.''. (c) Conforming Amendments.--Section 51 of the such Code is amended-- (1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of subsection (b) and inserting ``(d)(3)(C)(ii)'', (2) by striking ``For purposes of subparagraph (A)'' in subparagraphs (D) and (E) of subsection (d)(3), as redesignated by subsection (b), and inserting ``For purposes of subparagraph (C)'', and (3) by adding at the end of paragraph (13) of subsection (d), as amended by this Act the following new subparagraph: ``(E) Pre-screening of recently discharged veterans.-- ``(i) In general.--For purposes of subparagraph (A), the term `pre-screening notice' shall include any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces or from service in the National Guard which includes information sufficient to establish that such individual is a recently discharged veteran. ``(ii) Additional certification not required.--Subparagraph (A) shall be applied without regard to clause (ii)(II) thereof in the case of a recently discharged veteran who provides to the employer documentation described in clause (i).''. (d) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to individuals whose hiring date (as defined in section 51(d)(11) of the Internal Revenue Code of 1986) is on or after the date of the enactment of this Act. (e) Department of Defense Documentation.-- (1) In general.--The Department of Defense and the National Guard, as applicable, shall provide-- (A) to each individual who is discharged or released from active duty in the Armed Forces of the United States on or after the date of the enactment of this Act; and (B) to each member of the National Guard who is released from duty described in section 51(d)(3)(B)(iii) of the Internal Revenue Code of 1986 (as added by this Act) on or after the date of the enactment of this Act; in addition to the documentation which, without regard to this subsection, is provided at the time of such discharge or release, documentation described in paragraph (4). If the documentation which is provided without regard to this subsection at the time of the discharge or release described in the preceding sentence does not include information sufficient to satisfy the requirements of section 51(d)(13)(D)(i) of the Internal Revenue Code of 1986 (as added by this Act), the Department of Defense or the National Guard, whichever is applicable, shall provide additional documentation which includes such information. (2) Informational briefing as part of preseparation counseling.--In the case of an individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) after the date of the enactment of this Act, the Department of Defense or the National Guard, whichever is applicable, shall inform such individual, as a part of the individual preseparation counseling required by section 1142 of title 10, United States Code, of the credit for employment of recently discharged veterans under section 51 of the Internal Revenue Code of 1986. (3) Request for documentation.--The Department of Defense or the National Guard, whichever is applicable, shall provide upon request the documentation required by paragraph (1) to any individual or a third party authorized by the individual who is discharged or released from duty described in subparagraph (A) or (B) of such paragraph during the 5-year period preceding and including the date of the enactment of this Act. (4) Instructions for use of work opportunity credit.--The documentation described in this paragraph is a document which includes-- (A) instructions for an individual to ensure treatment as a recently discharged veteran for purposes of section 51(d)(3)(B) of the Internal Revenue Code of 1986 (as added by this Act), (B) instructions for employers detailing the use of the credit under such section with respect to such individual, and (C) the dates during which the credit under such section is available. Such instructions shall be developed in collaboration with the Internal Revenue Service. SEC. 5. INCENTIVES TO HIRE HIGH-RISK YOUTHS. (a) In General.--Subparagraph (A) of section 51(d)(14) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or disconnected youth'', and (2) by inserting ``, or any high-risk youth who so begins work during 2009, 2010, 2011, 2012, 2013, or 2014,'' after ``during 2009 or 2010''. (b) Conforming Amendments.-- (1) Clause (ii) of section 51(d)(14)(B) of such Code is amended-- (A) by striking ``disconnected youth'' and inserting ``high-risk youth'', and (B) by striking ``Disconnected youth'' in the heading thereof and inserting ``High-risk youth''. (2) The heading for section 51(d)(14) of such Code is amended by striking ``disconnected youth'' in the heading thereof and inserting ``high-risk youth''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2010.

Work Opportunity Credit Improvements Act - Amends the Internal Revenue Code to: (1) extend through 2014 the work opportunity tax credit, (2) allow employers to certify certain employees as members of a targeted group for purposes of such credit in lieu of obtaining certification from a state employment security agency, (3) expand the definition of "qualified veteran" for purposes of such credit to include any recently discharged veteran and any veteran receiving specified benefits, and (4) allow such credit for the hiring of high-risk youth who begin work during the period of 2009 through 2014. Directs the Department of Defense (DOD) or the National Guard, as applicable, to provide individuals discharged or released from the Armed Forces or the National Guard with information and documentation necessary for qualifying for the work opportunity tax credit as a recently discharged veteran.

To amend the Internal Revenue Code of 1986 to modify the work opportunity credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Trafficking Trade Act of 2018''. SEC. 2. SUSPENSION OF ELIGIBILITY FOR COUNTRIES THAT FAIL TO MEET MINIMUM STANDARDS FOR THE ELIMINATION OF HUMAN TRAFFICKING. Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended by adding at the end the following: ``(3) Countries that fail to meet minimum standards for the elimination of human trafficking.-- ``(A) Tier 3 countries.-- ``(i) Suspension of designation.--Not later than 90 days after the submission to Congress of an annual report on trafficking in persons, the President shall, for each country listed as a tier 3 country in that report that is designated as a beneficiary developing country for purposes of this title, suspend that designation for one year. ``(ii) Prohibition on designation.--During the 1-year period beginning on the date that is 90 days after the submission to Congress of an annual report on trafficking in persons, the President may not designate a country listed as a tier 3 country in that report as a beneficiary developing country for purposes of this title. ``(B) Tier 2 watch list countries.--Not later than 90 days after the submission to Congress of an annual report on trafficking in persons, the President shall, for each country listed as a tier 2 watch list country in that report, notify the government of that country that a downgrade to the classification of the country to classification as a tier 3 country in the next annual report on trafficking in persons will result in the suspension of the designation of the country as a beneficiary developing country or the ineligibility of the country for designation as a beneficiary developing country, as applicable. ``(C) Waiver.-- ``(i) In general.--The President may waive a requirement of subparagraph (A) with respect to a country if, not later than 90 days after the submission to Congress of the annual report on trafficking in persons that lists the country as a tier 3 country, the President submits to the appropriate congressional committees a letter stating that the government of the country has taken concrete actions to implement the principal recommendations with respect to that country in the report. ``(ii) Requirements.--A letter submitted under clause (i) with respect to a country shall-- ``(I) include a description of the concrete actions that the government of the country has taken to implement the principal recommendations described in that clause; ``(II) be accompanied by supporting documentation providing credible evidence of each such concrete action, including copies of relevant laws or regulations adopted or modified, and any enforcement actions taken, by that country, where appropriate; ``(III) include a certification that all eligible articles originating from the country are not included on the list of goods produced by child labor or forced labor maintained by the Department of Labor and are otherwise reasonably believed to be free of forced labor; ``(IV) include any public comments received from civil society organizations with respect to the laws and practices of the country regarding trafficking in persons; and ``(V) be published in the Federal Register. ``(iii) Limitation on waiver.--The President may not exercise the waiver authority under clause (i) with respect to a country for more than one year. ``(D) Definitions.--In this paragraph: ``(i) Annual report on trafficking in persons.--The term `annual report on trafficking in persons' means the annual report on trafficking in persons required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)). ``(ii) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(I) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and ``(II) the Committee on Finance and the Committee on Foreign Relations of the Senate. ``(iii) Tier 2 watch list country.--The term `tier 2 watch list country' means a country on the list of countries required by clause (ii) or (iii) of section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A)). ``(iv) Tier 3 country.--The term `tier 3 country' means a country on the list of countries required by section 110(b)(1)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)(C)).''.

Anti-Trafficking Trade Act of 2018 This bill amends the Trade Act of 1974 to require the President to suspend a country's designation of beneficiary developing country for one year if that country does not meet the minimum standards of the Trafficking Victims Protection Act of 2000 as reported annually by the Department of State. Such designation provides a country with duty-free treatment of its goods to the United States. The bill also provides a process for downgrade of a country's classification (after notification) of watch list countries named in the annual State Department report.

Anti-Trafficking Trade Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro Football Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Pro Football Hall of Fame's mission is-- (A) to honor individuals who have made outstanding contributions to professional football; (B) to preserve professional football's historic documents and artifacts; (C) to educate the public regarding the origin, development, and growth of professional football as an important part of American culture; and (D) to promote the positive values of the sport. (2) The Pro Football Hall of Fame opened its doors on September 7, 1963. On that day a charter class of 17 players, coaches, and contributors were enshrined. Among the group were such legends as Sammy Baugh, Red Grange, George Halas, Don Hutson, Bronko Nagurski, and Jim Thorpe. Through 2012, there are 273 members who have been elected to the Pro Football Hall of Fame. Three distinct iconic symbols represent an individual's membership in the Hall of Fame: a bronze bust, a Hall of Fame gold jacket, and a Hall of Fame ring. (3) The Pro Football Hall of Fame has welcomed nearly 9 million visitors from around the world since opening in 1963. The museum has grown from its original 19,000-square-foot building to a 118,000-square-foot, state-of-the-art facility as a result of expansions in 1971, 1978, 1995, and most recently in 2011-2013. In addition, major exhibit renovations have been completed in 2003, 2008, and 2009. (4) The Pro Football Hall of Fame houses the world's largest collection on professional football. Included in the museum's vast collection are more than 20,000 three-dimensional artifacts and more than 20 million pages of documents including nearly 3,000,000 photographic images. (5) The Pro Football Hall of Fame reaches a world-wide audience of nearly 15,000,000 people annually through visitors to the museum, participants in the annual Pro Football Hall of Fame Enshrinement Festival, three nationally televised events, the Hall of Fame's Web site, social media outlets, special events across the country, and through the museum's Educational Outreach video conferencing programs. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 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 game of professional football. (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 ``2016''; 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 Pro Football Hall of Fame; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2016. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Pro Football Hall of Fame, to help finance the construction of a new building and renovation of existing Pro Football Hall of Fame facilities. (c) Audits.--The Pro Football Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities.

A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the Pro Football Hall of Fame.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Emotional Learning Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) A positive, healthy school community where children thrive and grow, both intellectually and emotionally, takes purposeful and thoughtful planning. Students who develop personal strengths like grit, perseverance, concern for others, and positive academic mindsets become important contributors to their school and community. Schools have a responsibility to nurture the intrapersonal and interpersonal skills students need to navigate social situations and effectively and respectfully communicate with a diverse group of people. (2) In the United States, we have always placed an emphasis on developing academically rigorous curriculum, but unfortunately have not been as deliberate about imparting children with important social and emotional life skills. There needs to be a balance and integration between cognitive learning and social emotional learning. (3) While not a new concept, the term ``social and emotional education'' has recently become an important focal point for many researchers, administrators, and teachers. The term ``social and emotional learning'' means the process through which individuals acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, the ability to set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions. (4) Research has shown that social and emotional learning effectively boosts student academic success and fosters the very skills that are being utilized in the workforce. Social and emotional learning both increases protective factors for helping children learn and thrive as well as reducing risks for problems in both learning and behavior. These teachable skills help children avoid risky behaviors such as aggression and early drug and alcohol use and provide a springboard for being a capable student, citizen, and worker. (5) Continued research is necessary to discover best practices and prepare educators to integrate social-emotional skills into the curriculum and school culture. In addition, we need to support well-designed theoretical models and implementation supports in social and emotional learning. Social and emotional learning should be included as a central component of our education system. Federal law needs to include language that prioritizes social and emotional learning for educators. SEC. 3. DUTIES OF THE NATIONAL CENTER FOR EDUCATION RESEARCH. Section 133(a) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9533(a)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(11) carry out research initiatives regarding the impact of social and emotional education.''. SEC. 4. RESEARCH TOPICS OF THE COMMISSIONER FOR EDUCATION RESEARCH. Section 133(c)(2) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9533(c)(2)) is amended by adding at the end the following: ``(L) Social and emotional skills and habits.''. SEC. 5. COMPREHENSIVE CENTERS. Section 203(f)(1)(A)(ii) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9602(f)(1)(A)(ii)) is amended-- (1) in subclause (II), by striking ``and'' at the end; and (2) by adding at the end the following: ``(IV) imparting social and emotional life learning (as defined in section 200(24) of the Higher Education Act of 1965 (20 U.S.C. 1021)); and''. SEC. 6. SOCIAL AND EMOTIONAL LEARNING. (a) Definitions.--Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended-- (1) in paragraph (13), by inserting at the end the following: ``, except that such term includes a requirement that highly qualified teachers have preparation in the understanding, use, and development of social and emotional learning programming''; and (2) by adding at the end the following: ``(24) Social and emotional learning.-- ``(A) In general.--The term `social and emotional learning' means the processes through which students acquire and effectively apply the following set of interrelated competencies: ``(i) Self-awareness and self-management skills to achieve academic and life success. ``(ii) Social awareness and relationship skills to establish and maintain positive relationships. ``(iii) Responsible decisionmaking skills and behavior in personal, school, and community contexts. ``(B) Self-awareness.--The term `self-awareness' means an individual's ability to accurately recognize-- ``(i) the individual's own feelings and thoughts; and ``(ii) the influence of such feelings and thoughts on the individual's behaviors. ``(C) Self-management.--The term `self-management' means an individual's ability to-- ``(i) regulate the individual's own emotions, cognitions, and behaviors effectively in different situations; and ``(ii) set and work toward personal and academic goals. ``(D) Social awareness.--The term `social awareness' means an individual's ability to-- ``(i) take the perspective of and empathize with individuals from diverse backgrounds and cultures; and ``(ii) recognize family, school, and community resources and supports. ``(E) Relationship skill.--The term `relationship skill' means an individual's ability to establish and maintain healthy and rewarding relationships with individuals from diverse backgrounds and cultures through communicating clearly, listening actively, cooperating, negotiating conflict constructively, and seeking and offering help when needed. ``(F) Responsible decisionmaking skills and behavior.--The term `responsible decisionmaking skills and behavior' means an individual's ability to make constructive and respectful choices about personal behavior and social interactions, based on consideration of ethical standards, safety concerns, the realistic evaluation of consequences that stem from actions, and the well-being of self and others. ``(25) Social and emotional learning programming.--The term `social and emotional learning programming' refers to instruction, activities, and best practice initiatives that-- ``(A) integrate social and emotional learning with academic achievement; ``(B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; ``(C) teach students to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and ``(D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school.''. (b) Teacher Quality Partnership Grants.--Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is amended-- (1) in subsection (b)-- (A) by striking the period at the end of paragraph (7)(D) and inserting ``; and''; and (B) by adding at the end the following: ``(8) a description of how the eligible partnership will prepare prospective and new teachers and principals, if applicable, to understand, use, and develop social and emotional learning programming.''; (2) in subsection (e)(1)(C)-- (A) by striking ``and'' at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting ``; and''; and (C) by adding at the end the following: ``(v) preparation in understanding, using, and developing social and emotional learning programming.''; and (3) in subsection (f)(1)(C)-- (A) by striking ``and'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; and''; and (C) by adding at the end the following: ``(iv) preparation in understanding, using, and developing social and emotional learning programming.''. (c) Augustus Hawkins Centers of Excellence.--Section 242(b)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1033a(b)(1)(B)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by striking the period at the end of clause (ii) and inserting ``; and''; and (3) by adding at the end the following: ``(iii) promoting the understanding, use, and development of social and emotional learning programming.''. (d) Teach To Reach Grants.--Section 251(c)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1034(c)(1)(B)) is amended-- (1) by striking ``and'' at the end of clause (iv); and (2) by adding at the end the following: ``(vi) understanding, using, and developing social and emotional learning programming; and''.

Supporting Emotional Learning Act Amends the Education Sciences Reform Act of 2002 to require: the National Center for Education Research to carry out research regarding the impact of social and emotional education; the Commissioner for Education Research to support research into social and emotional skills and habits; and comprehensive centers to provide training, professional development, and technical assistance regarding the use of scientifically valid teaching methods and assessment tools in imparting social and emotional life learning. Amends the Higher Education Act of 1965 to require highly qualified teachers to have preparation in the understanding, use, and development of social and emotional learning programming. Defines "social and emotional learning" as the processes through which students acquire and effectively apply: self-awareness and self-management skills to achieve academic and life success; social-awareness and relationship skills to establish and maintain positive relationships; and responsible decisionmaking skills and behavior in personal, school, and community contexts. Requires Teacher Quality Partnership grants to be used in preparing prospective and new teachers and principals to understand, use, and develop social and emotional learning programming. (Teacher Quality Partnership grants are provided to partnerships between high-need local educational agencies [LEAs], their high-need schools, and institutions of higher education [IHEs].) Requires centers of excellence to design teacher training programs that promote the understanding, use, and development of social and emotional learning programming. (Centers of excellence are minority-serving IHEs or partnerships between such IHEs and other IHEs that are awarded grants to ensure that current and future teachers are highly qualified.) Requires Teach to Reach grants to be used to train general education teacher candidates to understand, use, and develop social and emotional learning programming. (Teach to Reach grants are provided to partnerships between IHEs and high-need LEAs to more effectively prepare general education teacher candidates to instruct disabled students in general education classrooms).

Supporting Emotional Learning Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Caribbean Strategic Engagement Act of 2016''. SEC. 2. STATEMENT OF POLICY. Congress declares that it is the policy of the United States to increase engagement with the governments of the Caribbean region and with civil society, including the private sector, in both the United States and the Caribbean, in a concerted effort to-- (1) enhance diplomatic relations between the United States and the Caribbean region; (2) increase economic cooperation between the United States and the Caribbean region; (3) support regional economic, political, and security integration efforts in the Caribbean region; (4) encourage enduring economic development and increased regional economic diversification and global competitiveness; (5) reduce levels of crime and violence, curb the trafficking of illicit drugs, strengthen the rule of law, and improve citizen security; (6) improve energy security by increasing access to diverse, reliable, and affordable power; (7) advance cooperation on democracy and human rights at multilateral fora; (8) continue support for public health advances and cooperation on health concerns and threats to the Caribbean region; and (9) expand Internet access throughout the region, especially to countries lacking the appropriate infrastructure. SEC. 3. STRATEGY. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), shall submit to the appropriate congressional committees a multi-year strategy for United States engagement to support the efforts of interested nations in the Caribbean region that-- (1) identifies Department of State and USAID priorities, in coordination with other executive branch agencies, for United States policy towards the Caribbean region; (2) outlines an approach to partner with governments of the Caribbean region to improve citizen security, reduce the trafficking of illicit drugs, strengthen the rule of law, and improve the effectiveness and longevity of the Caribbean Basin Security Initiative; (3) establishes a comprehensive, integrated, multi-year strategy to encourage efforts of the Caribbean region to implement regional and national strategies that improve energy security, by increasing access to all available sources of energy, including by taking advantage of the indigenous energy sources of the Caribbean and the ongoing energy revolution in the United States; (4) outlines an approach to improve diplomatic engagement with the governments of the Caribbean region, including with respect to human rights and democracy; (5) Describes how the United States can develop an approach to supporting Caribbean countries in efforts they are willing to undertake with their own resources to diversify their economies; (6) describes ways to ensure the active participation of citizens of the Caribbean in existing program and initiatives administered by the Department of State's Bureau of Educational and Cultural Affairs; and (7) reflects the input of other executive branch agencies, as appropriate. SEC. 4. BRIEFINGS. The Secretary of State shall offer to the appropriate congressional committees annual briefings that review Department of State efforts to implement the strategy for United States engagement with the Caribbean region in accordance with section 3. SEC. 5. PROGRESS REPORT. Not later than 2 years after the submission of the strategy required under section 3, the President shall submit to the appropriate congressional committees a report on progress made toward implementing the strategy\\. SEC. 6. REPORTING COST OFFSET. Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c)(4)) is amended by striking ``the following:'' and all that follows through ``(B) A workforce plan'' and inserting ``a workforce plan''. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Caribbean region.--The term ``Caribbean region'' means the Caribbean Basin Security Initiative beneficiary countries. (3) Security assistance.--The term ``security assistance'' has the meaning given such term in section 502B(d)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(2)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate. United States-Caribbean Strategic Engagement Act of 2016 (Sec. 2) This bill declares that it is U.S. policy to increase engagement with the governments of the Caribbean region, including the private sector, and with civil society in both the United States and the Caribbean. (Sec. 3) The Department of State shall submit to Congress a multi-year strategy for U.S. engagement to support the efforts of interested nations in the Caribbean region that: identifies State Department and U.S. Agency for International Development (USAID) priorities for U.S. policy towards the Caribbean region; outlines an approach to partner with Caribbean governments to improve citizen security, reduce illicit drug trafficking, strengthen the rule of law, and improve the effectiveness and longevity of the Caribbean Basin Security Initiative (CBSI); encourages efforts of the region to implement regional and national strategies that improve Caribbean energy security by increasing access to all available sources of energy, including by taking advantage of the indigenous energy sources of the Caribbean and the ongoing energy revolution in the United States; improves diplomatic engagement with Caribbean governments; describes how the United States can develop an approach to supporting Caribbean countries in efforts they are willing to undertake with their own resources to diversify their economies; and describes ways to ensure the active participation of citizens of the Caribbean in existing program and initiatives administered by the State Department's Bureau of Educational and Cultural Affairs. (Sec. 4) The State Department shall offer to annually brief the appropriate congressional committees on efforts to implement such strategy. (Sec. 5) The President shall report within two years on progress made in implementing such strategy. (Sec. 6) The Foreign Service Act of 1980 is amended to eliminate from the State Department's Foreign Service workplace report descriptions of steps taken in furtherance of compatibility and the development of uniform procedures and consolidated personnel functions.

United States-Caribbean Strategic Engagement Act of 2016